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TITLE XV: LAND USAGE

Chapter

150. RESERVED

151. FLOOD DAMAGE PREVENTION CODE

152. MINIMUM HOUSING CODE

153. ZONING CODE

APPENDIX A: ZONING DISTRICT SCHEDULE APPENDIX B: DISTRICT REQUIREMENTS

154. PROPERTY NUMBERING SYSTEM

155. SUBDIVISION REGULATIONS

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2 Plymouth - Land Usage

CHAPTER 150: RESERVED

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CHAPTER 151: FLOOD DAMAGE PREVENTION CODE

Section

General Provisions

151.01Statutory authorization, findings of fact, purpose and intent151.02Definitions151.03Lands to which this chapter applies151.04Basis for establishing the special flood hazard areas151.05Establishment of floodplain development permit151.06Compliance151.07Abrogation and greater restrictions151.08Interpretation151.09Warning and disclaimer of liability

Administration

151.35Designation of Floodplain Administrator151.36Floodplain development application, permit and certification

requirements151.37Duties and responsibilities of the Floodplain Administrator151.38Corrective procedures151.39Variance procedures

Provisions for Flood Hazard Reduction

151.50General standards151.51Specific standards151.52Standards for floodplains without established base flood elevations151.53Standards for riverine floodplains with BFE, but without established

floodways or non-encroachment areas151.54Floodways and non-encroachment areas

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Legal Status Provisions

151.70Effect on rights and liabilities under the existing flood damage prevention ordinance

151.71Effect upon outstanding floodplain development permits

151.99Penalty

GENERAL PROVISIONS

' 151.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND INTENT.

(A) Statutory authorization. The Legislature of the State of North Carolina has in G.S. Chapter 143, Art.21, Part 6; Chapter 160A, Art. 19, Parts 3, 5 and 8; Chapter 160A, Art. 8, delegated to local governmental the responsibility units to adopt regulations designed to promote the public health, safety, and general welfare. Therefore, the Town Council of the Town of Plymouth, North Carolina, does ordain as follows:

(B) Findings of fact.

(1) The flood prone areas within the jurisdiction of the town are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities and by the occupancy in flood prone areas of uses vulnerable to floods or other hazards.

(C) Statement of purpose. It is the purpose of this chapter to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to:

(1) Restrict or prohibit uses that are dangerous to health, safety and property due to water or erosion hazards or that result in damaging increases in erosion, flood heights or velocities;

(2) Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of

floodwaters;

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Flood Damage Prevention Code 7

(4) Control filling, grading, dredging, and all other development that may increase erosion or flood damage; and

(5) Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which may increase flood hazards to other lands.

(D) Objectives. The objectives of this chapter are to:

(1) Protect human life, safety, and health;

(2) Minimize expenditure of public money for costly flood control projects;

(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) Minimize prolonged business losses and interruptions;

(5) Minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located in flood prone areas;

(6) Help maintain a stable tax base by providing for the sound use and development of flood prone areas; and

(7) Ensure that potential buyers are aware that property is in a Special Flood Hazard Area. (Ord. passed 9-10-07)

' 151.02 DEFINITIONS.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY STRUCTURE (APPURTENANT STRUCTURE). A structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.

ADDITION (TO AN EXISTING BUILDING). An extension or increase in the floor area or height of a building or structure.

APPEAL. A request for a review of the Floodplain Administrator=s interpretation of any provision of this chapter.

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AREA OF SHALLOW FLOODING. A designated Zone AO on a community=s Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD. See ASpecial Flood Hazard Area (SFHA)@.

BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.

BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE). A determination of the water surface elevations of the base flood as published in the Flood Insurance Study. When the BFE has not been provided in a ASpecial Flood Hazard Area@, it may be obtained from engineering studies available from a federal, state, or other source using FEMA approved engineering methodologies. This elevation, when combined with the AFreeboard@, establishes the ARegulatory Flood Protection Elevation@.

BUILDING. See Astructure@.

CHEMICAL STORAGE FACILITY. A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.

DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

DISPOSAL. As defined in G.S. ' 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

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ELEVATED BUILDING. A non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings, structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

EXISTING MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the initial effective date of the floodplain management regulations adopted by the community.

FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; and/or

(2) The unusual and rapid accumulation of runoff of surface waters from any source.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). An official map of a community, issued by the Federal Emergency Management Agency, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM).

FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A.

FLOOD INSURANCE. The insurance coverage provided under the National Flood Insurance Program.

FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, issued by the Federal Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated.

FLOOD INSURANCE STUDY (FIS). An examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMS) and Flood Boundary and Floodway Maps (FBFMs), if published.

FLOOD PRONE AREA. See Afloodplain@.

FLOODPLAIN. Any land area susceptible to being inundated by water from any source.

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FLOODPLAIN ADMINISTRATOR. Is the individual appointed to administer and enforce the floodplain management regulations.

FLOODPLAIN DEVELOPMENT PERMIT. Any type of permit that is required in conformance with the provisions of this chapter, prior to the commencement of any development activity.

FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

FLOODPLAIN MANAGEMENT REGULATIONS. This chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

FLOODPROOFING. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents.

FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

FLOOD ZONE. A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.

FREEBOARD. The height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The Base Flood Elevation plus the freeboard establishes the ARegulatory Flood Protection Elevation@.

FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose unless it is located in close proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.

HAZARDOUS WASTE MANAGEMENT FACILITY. As defined in G.S. Chapter 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.

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HIGHEST ADJACENT GRADE (HAG). The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.

HISTORIC STRUCTURE. Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the US Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a local inventory of historic landmarks in communities with a ACertified Local Government (CLG) Program@; or

(4) Certified as contributing to the historical significance of a historic district designated by a community with a ACertified Local Government (CLG) Program@.

CERTIFIED LOCAL GOVERNMENT (CLG) PROGRAMS. Approved by the US Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980.

LOWEST ADJACENT GRADE (LAG). The elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building.

LOWEST FLOOR. Lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building=s lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term Amanufactured home@ does not include a Arecreational vehicle@.

MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MARKET VALUE. The building value, not including the land value and that of any accessory structures or other improvements on the lot. MARKET VALUE may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (Actual Cash Value); or adjusted tax assessed values.

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MEAN SEA LEVEL. For purposes of this chapter, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.

NEW CONSTRUCTION. Structures for which the Astart of construction@ commenced on or after the effective date of the initial floodplain management regulations and includes any subsequent improvements to such structures.

NON-ENCROACHMENT AREA. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the Flood Insurance Study report.

POST-FIRM. Construction or other development for which the Astart of construction@ occurred on or after the effective date of the initial Flood Insurance Rate Map.

PRE-FIRM. Construction or other development for which the Astart of construction@ occurred before the effective date of the initial Flood Insurance Rate Map.

PRINCIPALLY ABOVE GROUND. At least 51% of the actual cash value of the structure is above ground.

PUBLIC SAFETY and/or NUISANCE. Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

RECREATIONAL VEHICLE (RV). A vehicle, which is:

(1) Built on a single chassis;

(2) Four hundred square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.

REFERENCE LEVEL. Is the top of the lowest floor for structures within Special Flood Hazard Areas designated as Zone A1 - A30, AE, A, A99 or AO.

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REGULATORY FLOOD PROTECTION ELEVATION. The ABase Flood Elevation@ plus the AFreeboard@. In ASpecial Flood Hazard Areas@ where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus one foot of freeboard. In ASpecial Flood Hazard Areas@ where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade.

REMEDY A VIOLATION. To bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like.

SALVAGE YARD. Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery.

SOLID WASTE DISPOSAL FACILITY. Any facility involved in the disposal of solid waste, as defined in G.S. ' 130A-290(a)(35).

SOLID WASTE DISPOSAL SITE. As defined in G.S. ' 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.

SPECIAL FLOOD HAZARD AREA (SFHA). The land in the floodplain subject to a 1% or greater chance of being flooded in any given year, as determined in ' 151.07.

START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building,

whether or not that alteration affects the external dimensions of the building.

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STRUCTURE. A walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is principally above ground.

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. See definition of Asubstantial improvement@. SUBSTANTIAL DAMAGE also means flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50% of the market value of the structure before the Astart of construction@ of the improvement. This term includes structures which have incurred Asubstantial damage@, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any correction of existing violations of state or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure=s continued designation as a historic structure.

VARIANCE. A grant of relief from the requirements of this chapter.

VIOLATION. The failure of a structure or other development to be fully compliant with the community=s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in '' 151.35 through 151.39 and 151.50 through 151.54 is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION (WSE). The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

WATERCOURSE. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.(Ord. passed 9-10-07)

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' 151.03 LANDS TO WHICH THIS CHAPTER APPLIES.

This chapter shall apply to all Special Flood Hazard Areas within the jurisdiction, including Extra-Territorial Jurisdiction (ETJ), of the Town of Plymouth.(Ord. passed 9-10-07)

' 151.04 BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS.

(A) The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM), for the Town of Plymouth dated August 19, 1985, which are adopted by reference and declared to be a part of this chapter.

(B) The initial Flood Insurance Rate Maps are as follows for the jurisdictional areas at the initial date: Town of Plymouth and Extraterritorial Jurisdiction, dated 8/19/85.(Ord. passed 9-10-07)

' 151.05 ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.

A Floodplain Development Permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities within Special Flood Hazard Areas determined in accordance with the provisions of ' 151.04.(Ord. passed 9-10-07)

' 151.06 COMPLIANCE.

No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this chapter and other applicable regulations.(Ord. passed 9-10-07) Penalty, see ' 151.99

' 151.07 ABROGATION AND GREATER RESTRICTIONS.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.(Ord. passed 9-10-07)

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' 151.08 INTERPRETATION.

In the interpretation and application of this chapter, all provisions shall be:

(A) Considered as minimum requirements;

(B) Liberally construed in favor of the governing body; and

(C) Deemed neither to limit nor repeal any other powers granted under state statutes.(Ord. passed 9-10-07)

' 151.09 WARNING AND DISCLAIMER OF LIABILITY.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the town or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.(Ord. passed 10-7-06)

ADMINISTRATION

' 151.35 DESIGNATION OF FLOODPLAIN ADMINISTRATOR.

The Town Manager of the Town of Plymouth, or his or her designee, hereinafter referred to as the AFloodplain Administrator@, is hereby appointed to administer and implement the provisions of this chapter.(Ord. passed 9-10-07)

' 151.36 FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION REQUIREMENTS.

(A) Application requirements. Application for a Floodplain Development Permit shall be made to the Floodplain Administrator prior to any development activities located within Special Flood Hazard Areas. The following items shall be presented to the Floodplain Administrator to apply for a floodplain development permit:

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(1) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:

(a) The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;

(b) The boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as determined in ' 151.04, or a statement that the entire lot is within the Special Flood Hazard Area;

(c) Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in ' 151.04;

(d) The boundary of the floodway(s) or non-encroachment area(s) as determined in ' 151.04;

(e) The Base Flood Elevation (BFE) where provided as set forth in '' 151.04, 151.37 or 151.52;

(f) The old and new location of any watercourse that will be altered or relocated as a result of proposed development;

(2) Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area including but not limited to:

(a) Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;

(b) Elevation in relation to mean sea level to which any non-residential structure in Zone AE, A or AO will be flood-proofed; and

(c) Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed;

(3) If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting data and an operational plan that includes, but is not limited to, installation, exercise, and maintenance of floodproofing measures.

(4) A foundation plan, drawn to scale which shall include details of the proposed foundation system to ensure all provisions of this chapter are met. These details include but are not limited to:

(a) The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); and

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(b) Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with ' 151.51(D)(3) when solid foundation perimeter walls are used in Zones A, AO, AE, and A1 - 30;

(5) Usage details of any enclosed areas below the lowest floor.

(6) Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage;

(7) Certification that all other local, state and federal permits required prior to floodplain development permit issuance have been received.

(8) Documentation for placement of Recreational Vehicles and/or Temporary Structures, when applicable, to ensure that the provisions of ' 151.51(F) and (G) are met.

(9) A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.

(B) Permit requirements. The Floodplain Development Permit shall include but not be limited to:

(1) A description of the development to be permitted under the floodplain development permit.

(2) The Special Flood Hazard Area determination for the proposed development in accordance with available data specified in ' 151.04.

(3) The regulatory flood protection elevation required for the reference level and all attendant utilities.

(4) The regulatory flood protection elevation required for the protection of all public utilities.

(5) All certification submittal requirements with timelines.

(6) A statement that no fill material or other development shall encroach into the floodway or non-encroachment area of any watercourse, as applicable.

(7) The flood openings requirements, if in Zones A, AO, AE or A1-30.

(C) Certification requirements.

(1) Elevation certificates.

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(a) An Elevation Certificate (FEMA Form 81-31) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.

(b) An Elevation Certificate (FEMA Form 81-31) is required after the reference level is established. Within seven calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. Any work done within the seven day calendar period and prior to submission of the certification shall be at the permit holder=s risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.

(c) A final as-built Elevation Certificate (FEMA Form 81-31) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.

(2) Floodproofing certificate. If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a Floodproofing Certificate (FEMA Form 81-65), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.

(3) If a manufactured home is placed within Zone A, AO, AE, or A1-30 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required in accordance with the provisions of ' 151.04(C)(2).

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(4) If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer=s certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.

(5) Certification exemptions. The following structures, if located within Zone A, AO, AE or A1-30, are exempt from the elevation/floodproofing certification requirements:

(a) Recreational vehicles meeting requirements of ' 151.51(F)(1);

(b) Temporary structures meeting requirements of ' 151.51(F); and

(c) Accessory structures less than 150 square feet meeting requirements of ' 151.51(G). (Ord. passed 9-10-07)

' 151.37 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.

The Floodplain Administrator shall perform, but not be limited to, the following duties:

(A) Review all floodplain development applications and issue permits for all proposed development within Special Flood Hazard Areas to assure that the requirements of this chapter have been satisfied.

(B) Review all proposed development within Special Flood Hazard Areas to assure that all necessary local, state and federal permits have been received.

(C) Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).

(D) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained.

(E) Prevent encroachments, into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions ' 151.54 are met.

(F) Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new and substantially

improved structures, in accordance with ' 151.36(C).

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(G) Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of ' 151.36.

(H) Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of ' 151.36(C).

(I) When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of '' 151.36(C) and 151.51(B).

(J) Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas, floodways, or non-encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section.

(K) When Base Flood Elevation (BFE) data has not been provided in accordance with ' 151.04, obtain, review, and reasonably utilize any Base Flood Elevation (BFE) data, along with floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to ' 151.52(B)(2), in order to administer the provisions of this chapter.

(L) When Base Flood Elevation (BFE) data is provided but no floodway or non-encroachment area data has been provided in accordance with ' 151.04, obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a federal, state, or other source in order to administer the provisions of this chapter.

(M) When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a Special Flood Hazard Area is above the Base Flood Elevation, advise the property owner of the option to apply for a Letter of Map Amendment (LOMA) from FEMA. Maintain a copy of the Letter of Map Amendment (LOMA) issued by FEMA in the floodplain development permit file.

(N) Permanently maintain all records that pertain to the administration of this chapter and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.

(O) Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of

inspection or other enforcement action.

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(P) Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this chapter, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing or in charge of the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.

(Q) Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked.

(R) Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.

(S) Follow through with corrective procedures of ' 151.38.

(T) Review, provide input, and make recommendations for variance requests.

(U) Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps and studies adopted in accordance with ' 151.04, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify state and FEMA of mapping needs.

(V) Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR-F) and Letters of Map Revision (LOMR).(Ord. passed 9-10-07)

' 151.38 CORRECTIVE PROCEDURES.

(A) Violations to be corrected. When the Floodplain Administrator finds violations of applicable state and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.

(B) Actions in event of failure to take corrective action. If the owner of a building or property shall fail to take prompt corrective action, the Floodplain

Administrator shall give the owner written notice, by certified or registered mail to the owner=s last known address or by personal service, stating:

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(1) That the building or property is in violation of the floodplain management regulations;

(2) That a hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and

(3) That following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable.

(C) Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development is in violation of the Flood Damage Prevention Ordinance, they shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 calendar days, nor more than 180 calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, they may order that corrective action be taken in such lesser period as may be feasible.

(D) Appeal. Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.

(E) Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion of the court.(Ord. passed 9-10-07)

' 151.39 VARIANCE PROCEDURES.

(A) The Town of Plymouth Board of Adjustment as established by the Town of Plymouth hereinafter referred to as the Aappeal board@, shall hear and decide requests for variances from the requirements of this chapter.

(B) Any person aggrieved by the decision of the appeal board may appeal such decision to the Court, as provided in G.S. Chapter 7A.

(C) Variances may be issued for:

(1) The repair or rehabilitation of historic structures upon the

determination that the proposed repair or rehabilitation will not preclude the structure=s continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure.

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(2) Functionally dependent facilities if determined to meet the definition as stated in ' 151.02 of this chapter, provided provisions of ' 151.39(I)(2), (3) and (5) have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(3) Any other type of development, provided it meets the requirements of this section.

(D) In passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:

(1) The danger that materials may be swept onto other lands to the injury of others;

(2) The danger to life and property due to flooding or erosion damage;

(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4) The importance of the services provided by the proposed facility to the community;

(5) The necessity to the facility of a waterfront location as defined under ' 151.02 as a functionally dependent facility, where applicable;

(6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(7) The compatibility of the proposed use with existing and anticipated development;

(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

(E) A written report addressing each of the above factors shall be submitted

with the application for a variance.

(F) Upon consideration of the factors listed above and the purposes of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this chapter.

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Flood Damage Prevention Code 24A

(G) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Base Flood Elevation (BFE) and the elevation to which the structure is to be built and that such construction below the Base Flood Elevation increases risks to life and property, and that the issuance of a variance to construct a structure below the Base Flood Elevation will result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.

(H) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of North Carolina upon request.

(I) Conditions for variances:

(1) Variances shall not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances.

(2) Variances shall not be issued within any designated floodway or non-encroachment area if the variance would result in any increase in flood levels during the base flood discharge.

(3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4) Variances shall only be issued prior to development permit approval.

(5) Variances shall only be issued upon:

(a) A showing of good and sufficient cause;

(b) A determination that failure to grant the variance would result in exceptional hardship; and

(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(J) A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all of the following conditions are met.

(1) The use serves a critical need in the community.

(2) No feasible location exists for the use outside the Special Flood Hazard

Area.

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24B Plymouth - Land Usage

(3) The reference level of any structure is elevated or floodproofed to at least the regulatory flood protection elevation.

(4) The use complies with all other applicable federal, state and local laws.

(5) The Town of Plymouth has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a variance at least 30 calendar days prior to granting the variance.(Ord. passed 9-10-07)

PROVISIONS FOR FLOOD HAZARD REDUCTION

' 151.50 GENERAL STANDARDS.

In all Special Flood Hazard Areas the following provisions are required:

(A) All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure.

(B) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(C) All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages.

(D) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding to the Regulatory Flood Protection Elevation. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, and electric outlets/switches.

(E) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(F) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into flood waters.

(G) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

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Flood Damage Prevention Code 24C

(H) Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this chapter, shall meet the requirements of Anew construction@ as contained in this chapter.

(I) Nothing in this chapter shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this chapter and located totally or partially within the floodway, non-encroachment area, or stream setback, provided there is no additional encroachment below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this chapter.

(J) New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in ' 151.53(J). A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified in accordance with the provisions of ' 151.36(C).

(K) All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage.

(L) All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

(M) All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(N) All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.

(O) When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.

(P) When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation shall apply.(Ord. passed 9-10-07)

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24D Plymouth - Land Usage

' 151.51 SPECIFIC STANDARDS.

In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, as set forth in '' 151.04 or 151.52, the following provisions, in addition to the provisions of ' 151.50, are required:

(A) Residential construction. New construction and substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in ' 151.02.

(B) Non-residential construction. New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in ' 151.02. Structures located in A, AE, AO, and A1-30 Zones may be floodproofed to the regulatory flood protection elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the regulatory flood protection elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AO Zones, the floodproofing elevation shall be in accordance with ' 151.54. A registered professional engineer or architect shall certify that the standards of this division are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in ' 151.36(C), along with the operational and maintenance plans.

(C) Manufactured homes.

(1) New and replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation, as defined in ' 151.02.

(2) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the most current edition of the State of North Carolina Regulations for Manufactured Homes adopted by the Commissioner of Insurance pursuant to G.S. ' 143-143.15. Additionally, when the elevation would be met by an elevation of the chassis 36 inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above 36 inches in height, an engineering certification is required.

(3) All enclosures or skirting below the lowest floor shall meet the requirements of ' 151.51(D).

(4) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed

with and approved by the Floodplain Administrator and the local emergency management coordinator.

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Flood Damage Prevention Code 24E

(D) Elevated buildings. Fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor.

(1) Shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas;

(2) Shall be constructed entirely of flood resistant materials;

(3) Shall include, in Zones A, AO, AE, and A1-30, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria:

(a) A minimum of two flood openings on different sides of each enclosed area subject to flooding;

(b) The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding;

(c) If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;

(d) The bottom of all required flood openings shall be no higher than one foot above the adjacent grade;

(e) Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and

(f) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.

(E) Additions/improvements.

(1) Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:

(a) Not a substantial improvement, the addition and/or improvements

must be designed to minimize flood damages and must not be any more non-conforming than the existing structure.

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24F Plymouth - Land Usage

(b) A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

(2) Additions to post-FIRM structures with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction.

(3) Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:

(a) Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction.

(b) A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

(F) Recreational vehicles. Recreational vehicles shall either:

(1) Be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or

(2) Meet all the requirements for new construction.

(G) Temporary non-residential structures. Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a hurricane, flash flood or other type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval:

(1) A specified time period for which the temporary use will be permitted. Time specified may not exceed three months, renewable up to one year;

(2) The name, address, and phone number of the individual responsible for the removal of the temporary structure;

(3) The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification);

(4) A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and

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Flood Damage Prevention Code 24G

(5) Designation, accompanied by documentation, of a location outside the Special Flood Hazard Area, to which the temporary structure will be moved.

(H) (1) Accessory structures. When accessory structures (sheds, detached garages, and the like) are to be placed within a Special Flood Hazard Area, the following criteria shall be met:

(a) Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or restroom areas);

(b) Accessory structures shall not be temperature-controlled;

(c) Accessory structures shall be designed to have low flood damage potential;

(d) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;

(e) Accessory structures shall be firmly anchored in accordance with the provisions of ' 151.50(A);

(f) All service facilities such as electrical shall be installed in accordance with the provisions of ' 151.50(D); and

(g) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below regulatory flood protection elevation in conformance with the provisions of ' 151.50(D)(3).

(2) An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory structures in accordance with ' 151.51(C).(Ord. passed 9-10-07)

' 151.52 STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS.

Within the Special Flood Hazard Areas designated as Approximate Zone A and established in ' 151.04, where no Base Flood Elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of ' 151.50, shall apply:

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24H Plymouth - Land Usage

(A) No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of 20 feet each side from top of bank or five times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(B) The BFE used in determining the regulatory flood protection elevation shall be determined based on the following criteria:

(1) When Base Flood Elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this chapter and shall be elevated or floodproofed in accordance with standards in '' 151.50 and 151.51.

(2) When floodway data is available from a federal, state, or other source, all new construction and substantial improvements within floodway areas shall also comply with the requirements of '' 151.51 and 151.55.

(3) All subdivision, manufactured home park and other development proposals shall provide Base Flood Elevation (BFE) data if development is greater than five acres or has more than 50 lots/manufactured home sites. Such Base Flood Elevation (BFE) data shall be adopted by reference in accordance with ' 151.16 and utilized in implementing this chapter.

(4) When Base Flood Elevation (BFE) data is not available from a federal, state, or other source as outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or above the Regulatory Flood Protection Elevation, as defined in ' 151.02. Requirements of ' 151.51 shall also apply.(Ord. passed 9-10-07)

' 151.53 STANDARDS FOR RIVERINE FLOODPLAINS WITH BFE, BUT WITHOUT ESTABLISHED FLOODWAYS OR NON-ENCROACHMENT AREAS.

Along rivers and streams where BFE data is provided by FEMA or is available from another source but neither floodway nor non-encroachment areas are identified for a Special Flood Hazard Area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:

(A) Standards of '' 151.50 and 151.51; and

(B) Until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided

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Flood Damage Prevention Code 24I

demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.(Ord. passed 9-10-07)

' 151.54 FLOODWAYS AND NON-ENCROACHMENT AREAS.

Areas designated as floodways or non-encroachment areas are located within the Special Flood Hazard Areas established in ' 151.04. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in '' 151.50 and 151.51, shall apply to all development within such areas:

(A) No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless:

(1) It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator prior to issuance of floodplain development permit, or

(2) A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed encroachment.

(B) If ' 151.54(A) is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this chapter.

(C) No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision, provided the following provisions are met:

(1) The anchoring and the elevation standards of ' 151.51(C); and

(2) The no encroachment standard of ' 151.54(A).(Ord. passed 9-10-07)

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24J Plymouth - Land Usage

LEGAL STATUS PROVISIONS

' 151.70 EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE PREVENTION ORDINANCE.

(A) This chapter in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted 8/19/85 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this chapter shall not affect any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of the Town of Plymouth enacted on 8/19/85, as amended, which are not reenacted herein are repealed.

(B) The date of the initial flood damage prevention ordinance for each municipal jurisdiction within Washington County is as follows:

Town of Plymouth 8/19/85(Ord. passed 9-10-07)

' 151.71 EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS.

Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his or her authorized agents before the time of passage of this chapter; provided, however, that when construction is not begun under such outstanding permit within a period of six months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this chapter.(Ord. passed 9-10-07)

' 151.99 PENALTY.

Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50 or imprisoned for not more than 30 days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Town of Plymouth from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. passed 9-10-07)

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CHAPTER 152: MINIMUM HOUSING CODE

Section

General Provisions

152.01Legislative findings152.02Definitions152.03Administrator; duties and powers152.04Responsibilities of owners and occupants; duties during inspection152.05Conflict with other provisions152.06Scope and application of chapter152.07State law adopted by reference

Minimum Standards

152.15Fitness for dwellings and dwelling units152.16Structural conditions152.17Basic equipment and facilities152.18Ventilation152.19Space, use and location152.20Safe and sanitary maintenance152.21Control of insects, rodents and infestations152.22Rooming houses

Enforcement

152.30Procedure for enforcement152.31Failure to comply with order152.32Appeals from orders of the administrator152.33Petition to supervisor court by owner152.34Service of complaints and orders152.35In rem action by the administrator152.36Costs as lien on premises152.37Alternative remedies

152.99Penalty

25


GENERAL PROVISIONS

' 152.01 LEGISLATIVE FINDINGS.

The Town Council hereby finds and declares that there exists in the town housing which is unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities and other conditions rendering such housing unsafe or unsanitary or dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of the town and that a public necessity exists to exercise the police powers of the town pursuant to G.S. Article 19, Chapter 160A, as now or hereafter amended, to cause the repair and rehabilitation, closing or demolishing of such housing in the manner herein provided.(Ord. passed 8-11-97)


For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADMINISTRATOR. Such person as shall from time to time be designated by the Town Manager as the Minimum Housing Enforcement Officer, or his designee.

AGENT. Any person, firm or corporation who is responsible for the management, maintenance, operation, renting, leasing or sale of any property, or who makes application for or seeks a permit or certificate on behalf of the owner of any property or who in any other way represents the owner of the property in any particular case.

ALLEY. A public vehicular or pedestrian way which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

AREAWAY. Any subsurface space adjacent to a building for affording access to or for lighting or ventilating the basement or a cellar of such building.

ATTIC. Story means any story situated wholly or partly in the roof, so designated, arranged or built as to be used for storage or habitation. If an attic which is accessible by a fixed stairway has a seven foot clear height for greater than 50% of the width of the floor below, then the space shall be considered as a story when determining building height.

BASEMENT. That portion of a building which is partly or completely below grade.

BATHROOM. A heated enclosed space containing a lavatory, a toilet, and either a tub, `a shower or a tub/shower combination.

Minimum Housing Code 27

BOARDING or ROOMING HOUSE. Any single family dwelling, in which rooms are rented by the owner occupant to not more than four persons who are not related by blood, adoption or marriage to the owner occupant. See also FAMILY.

CEILING. The surface suspended from or attached to the underside of floors or roofs which does not form a structural part of a floor or roof or the underside of an exposed floor or roof construction.

CEILING. The clear vertical distance from the floor to the finished ceiling.

CELLAR. The lowest space or spaces in a building located under the basement story.

CENTRAL HEATING UNIT. A unit controlled by a thermostat or some other device and is designed to provide heating to a dwelling or dwelling unit through a duct, wall-mounted system or baseboard-mounted equipment.

DETERIORATED means that a dwelling is unfit for human habitation and can be repaired, altered or improved to comply with all the minimum standards established by this chapter at a cost not in excess of 50% of its value, as determined by finding of the Minimum Housing Enforcement Officer.

DILAPIDATED means that a dwelling is unfit for human habitation and cannot be repaired, altered or improved to comply with all of the minimum standards of this chapter except at a cost in excess of 50% of its value, as determined by finding of the Minimum Housing Enforcement Officer.

DWELLING. A building or a portion thereof which is wholly or partly-used for or intended to be used for temporary or permanent residential occupancy for one or more families.

DWELLING UNIT. A single independent housekeeping unit with sanitation, living, dining, sleeping, and permanently installed kitchen and bathroom facilities for use by one family.

EXIT. A way of departure from the interior of a building or structure to the exterior at street or grade level.

EXTERMINATION. The control and elimination of insects, rodents and other pests by eliminating their harborage, by removing or making inaccessible materials that serve as their food, by poisoning, spraying, fumigating, trapping or by any other recognized and lawful pest elimination method approved by the Administrator.

FAMILY. An individual living alone, or two or more persons related by blood, adoption, or marriage, or a group of not more than four unrelated persons living together as a single housekeeping unit in a shared dwelling unit.

FIREPROOFING. Protected to resist the damaging effects of fire in accordance with the requirements of this chapter for such construction.


FLUE. An enclosed pipe, duct or passageway used only for the transmission of heat or the products of combustion.

GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

HABITABLE SPACE or HABITABLE ROOM. Any room or enclosed floor space in a building or structure used or intended for use for living, sleeping, cooking or eating, including kitchens and basements, but excluding bathrooms, half-baths, halls, corridors, pantries, storage space, closets, laundries and other spaces not used frequently or for extended periods.

HALF-BATH. An enclosed space containing a toilet or urinal and lavatory basin.

HEARTH. The brick, stone or cement area in front of a fireplace.

HEATING UNIT. All mechanical devices or other appliances that utilize fuel or another form of energy to produce heat.

HOUSE or HOUSING. Any dwelling, multi-family dwelling, apartment, residency hotel, rooming house, boardinghouse, bed and breakfast, inn or similar building or structure, or part thereof, containing habitable space.

HOUSING APPEALS BOARD. The Board of Adjustment shall serve as the governing body to hear housing complaints and appeals.

IMPERVIOUS TO WATER (as to floors). A clean, smooth floor, without cracks or holes, made of terrazzo, ceramic, asphalt or rubber tile, smooth concrete, linoleum or other similar material, or made of wood, and, if made of wood, then with tightly fitting joints, covered with varnish, lacquer or other similar water-resistant coating.

INFESTATION. The presence within or around any housing of insects, rodents, or other pests.

KITCHEN. An area used, or designated to be used, for the preparation of food.

LAVATORY. A fixed wash bowl equipped with plumbing.

MAINTENANCE OF A BUILDING STRUCTURE, APPARATUS OR EQUIPMENT. The way or manner in which any such building, structure, appliance, apparatus or equipment is serviced, repaired or altered to perpetuate the use or purpose for which such building, structure, appliance, apparatus or equipment was originally intended.

MULTI-FAMILY DWELLING. A building or structure occupied or intended for

occupation as the home or residence of two or more families living independently of each other and doing their own cooking within their respective dwelling unit.


NEW WORK. Any work to be completed that requires a building permit.

OWNER/OCCUPANT. Any person, firm, corporation, lessee, receiver, trustee, guardian or personal representative holding legal title or legal right to occupy or carry on business upon any lot, or any manager, operator or other person authorized to occupy or conduct business on behalf of an owner. Where there is more than one owner as defined, their duties and obligations under this chapter are joint and severable and shall include responsibility for compliance with this chapter.

PARTIES IN INTEREST. All individuals, associations and corporations who have an interest of record in a dwelling and any who are in possession thereof.

PERSON. Any individual, firm, co-partnership, corporation, company or association, and shall include any personal representative, trustee, receiver, assignee or other similar representative.

PLUMBING. The water supply system, the sanitary sewer system, the vent system, fixtures and traps and shall include their respective connections, devices, appliances and nonessential components within the property lines of the premises.

PORTABLE HEATING UNIT. An unvented air heating appliance which is designed for environmental heating and is not secured or attached to a building by any means other than an electrical cord.

PREMISES. A lot or group of lots including any building or group of buildings or other structures or parts thereof, which may be situated thereon and considered as a unit devoted to a certain use or occupancy, including the necessary and customary accessory buildings and other open spaces required or used in connection with such use of a lot or group of lots.

PUBLIC AREA. That space within any housing which is open to use or access by the general public.

PUBLIC AUTHORITY. Any housing authority or any officer who is in charge of any department or branch of the government of the town, county or state relating to health, fire, building regulations or to other activities concerning dwellings in the town.

REMOVAL. The demolition and removal of the entire structure, leaving the property free and clear of debris and without holes or pockets which may retain water.

RESIDENCY HOTEL. A building or group of buildings containing 10 or more guest rooms for transient or permanent residents. Occupancy shall not exceed two people per guest room. Registration facilities, 24 hour on site management and housekeeping services shall be provided. This definition does not include

hotels, motels or other places of lodging that are inspected by the County Health Department.

ROOFING. The shingles, tiles, composition, sheet metal covering or other waterproof protection on top of a roof.


RUBBISH. Combustible and noncombustible waste materials, except garbage, and the word shall include, but not be limited to, the residue from the burning of wood, coal, coke and other rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.

SPACE HEATING UNIT. A permanently installed unit which utilizes fuel or another form of energy and is designed to provide continuous heat to a dwelling or part of a dwelling.

STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that habitable portion of a building included between the upper surface of the top-most floor and ceiling or roof above.

STORY ABOVE GRADE (see ATTIC STORY). Any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade when the finished surface of the floor above the basement is:

(1) More than 6 feet (1829 mm) above grade plane;

(2) More than 6 feet (1829 mm) above the finished ground level for more than 50% of the total building perimeter; or

(3) More than 12 feet (3648 mm) above the finished ground level at any point.

STRUCTURE. Anything constructed or erected on the ground or attached to the ground including, but not limited to, the following: Walls, fences, buildings, signs, swimming pools, gas or liquid storage tanks, towers and other similar items. For the purpose of the flood zone management, Astructure@ shall mean a walled and roofed building that is principally above ground, as well as a mobile home.

SUBSTANTIAL. Firmly constructed, sturdy, safe, sound, solid, or stout in a manner to adequately perform its original purpose.

TENANT. A person, co-partnership, firm or corporation occupying or using a building, premises or any part or parts thereof owned by another.

UNFIT FOR HUMAN HABITATION means that conditions exist in a dwelling, dwelling unit rooming house or rooming unit which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this chapter.

VENTILATION. The adequate supply and removal of air to and from a space through windows, skylights, doors, louvers, grilles, ducts or other similar devices.

WATER HEATING UNIT. An appliance listed by a testing laboratory which is capable of heating water to a temperature between 120 and 140 degrees Fahrenheit to all appropriate plumbing fixtures within a dwelling unit.


WEATHERTIGHT. So constructed that the structure resists weather and excludes rain and snow, and prevents the infiltration of air.(Ord. passed 8-11-97)

' 152.03 ADMINISTRATOR; DUTIES AND POWERS.

(A) (1) Exercise of powers and duties by Administrator. The Administrator is designated and appointed to exercise the powers and perform the duties described by this chapter.

(2) Conditions resulting in housing unfit for human habitation. The Administrator may determine that housing is unfit for human habitation if he finds that sufficient conditions exist in such housing which are dangerous or injurious to the health or safety of the occupants of such housing, the occupants of neighboring housing, the occupants of neighboring housing or other residents of the town. Such conditions may include the following, without limiting the generality of the foregoing: Defects therein increasing the hazards of fire, accident, or other calamities, lack of adequate ventilation, light or sanitary facilities; dilapidation, disrepair, structural defects, uncleanliness; or any violation described in this chapter.

(B) The Minimum Housing Enforcement Officer is hereby designated as the Administrator empowered to enforce the provisions of this chapter and to exercise the duties and powers herein prescribed. It shall be the duty of the Administrator:

(1) To investigate the dwelling conditions, and to inspect dwellings and dwelling units located in the town, in order to determine which dwellings and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this chapter with respect to such dwellings or dwelling units;

(2) To take such action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated;

(3) To keep a record of the results of inspections made under this chapter and an inventory of those dwellings that do not meet the minimum standards of fitness herein prescribed; and

(4) To perform such other duties as may be herein prescribed.

(C) Powers of the Administrator. The Administrator is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this chapter, including the following powers in addition to others herein granted;

(1) To investigate the dwelling conditions in the town in order to

determine which dwellings therein are unfit for human habitation;

(2) To administer oaths and affirmations, examine witnesses and receive evidence;


(3) To enter upon premises for the purpose of making examinations and inspections; provided, such entries shall be made in accordance with law and in such manner as to cause the least possible inconvenience to the persons in possession; and

(4) To appoint and fix duties of such officers, agents and employees as he deems necessary to carry out the purposes of this chapter.(Ord. passed 8-11-97)

' 152.04 RESPONSIBILITIES OF OWNERS AND OCCUPANTS; DUTIES DURINGINSPECTION.

(A) Owners and occupants are responsible for the following:

(1) Public areas. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition, the shared or public areas of the dwelling and the premises thereof.

(2) Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling or dwelling unit and the premises thereof which he occupies or controls.

(3) Rubbish and garbage. Every occupant of a dwelling or dwelling unit shall dispose of all their rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities. In all cases, the owner shall be responsible for the availability of rubbish and garbage storage facilities.

(4) Supplied plumbing fixtures. Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper uses and operation of same.

(5) Care of facilities, equipment and structure. No occupant shall willfully destroy, deface or impair any of the facilities or equipment, or any part of the structure of a dwelling or dwelling unit.

(B) Owners and occupants have the following duties during an inspection.

(1) Rights of Building Inspector. For the purpose of making inspections, the Administrator or his designee is hereby authorized to enter, examine and survey at all reasonable times, all dwellings, dwelling units, rooming units and premises.

(2) Free Access. The owner or occupant of every dwelling, dwelling unit, rooming unit or the person in charge thereof, shall give the Administrator or his designee free access to such dwelling, dwelling unit, rooming unit and its

premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling, or dwelling unit, shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit and its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect


compliance with the provisions of this chapter or with any lawful order issued pursuant to the provisions of ordinances.(Ord. passed 8-11-97)

' 152.05 CONFLICT WITH OTHER PROVISIONS.

In the event any provision, standard or requirement of this chapter is found to be in conflict with any other ordinance or code of the town, the provisions which establish the higher standard or more stringent requirement for the promotion and protection of health and safety of the residents of the town shall prevail.(Ord. passed 8-11-97)

' 152.06 SCOPE AND APPLICATION OF '.

The provisions of this chapter shall apply to all housing in the Town of Plymouth and its Extraterritorial Planning and Zoning Jurisdiction irrespective of when such building was constructed, altered or repaired. Portable, mobile or demountable buildings or structures, including manufactured homes, mobile homes, and trailers, when used or intended for use for housing within the Town=s jurisdiction shall be subject to the applicable provisions of this chapter. Unless otherwise stated in this chapter, the use of the word ATown@ in this chapter shall also include the Extraterritorial Planning and Jurisdiction, as set forth in the zoning ordinance.(Ord. passed 8-11-97)

' 152.07 STATE LAW ADOPTED BY REFERENCE.

Part 6 of Article 19 of G.S. 160A, entitled AMinimum Housing Standards@ is hereby adopted in its entirety as if every word were printed herein verbatim.(Ord. passed 8-11-97)

MINIMUM STANDARDS

' 152.15 FITNESS FOR DWELLINGS AND DWELLING UNITS.

(A) Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation, shall comply with all the minimum standards of fitness for human habitation and all of the requirements of '' 152.16 through 152.21.


(B) No person shall occupy as owner occupant, or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of '' 152.16 through 152.21.(Ord. passed 8-11-97)

(C) Prior to sale or within six months of the sale, any existing residential structure containing one or more units, the Town Manager or his/her designee shall be requested to issue a Certificate of Continued Occupancy. The application for such permit shall be made by the owner and/or the purchaser and shall comply with such administrative provisions as required by the Town Manager or his/her designee. The Certificate of Continued Occupancy shall be proof that the structure in question complies with the applicable town ordinances, codes, regulations, and policies of the town and that is in compliance with the land use regulations of the town or is considered a legal nonconforming use. If the applicant applies for a Certificate of Continued Occupancy the owner or buyer shall have 45 business days to bring the property into compliance. The owner or buyer shall be issued a temporary Certificate of Continued Occupancy until the completion of the work.

(D) Prior to the occupancy of any existing residential unit in an existing structure containing one or more units, the Town Manager or his/her designee shall issue a Certificate of Continued Occupancy. The application of such permit shall be made by the owner and/or purchaser and shall comply with such administrative provisions as required by the Town Manger or his/her designee. The Certificate of Continued Occupancy shall be proof that the unit in question complies with applicable town ordinances, codes, regulations, and policies of the town and that it is in compliance with the land use regulations of the town or is considered a legal nonconforming use. If the applicant applies for a Certificate of Continued Occupancy the owner or buyer shall have 45 business day to bring the property into compliance. The owner or buyer shall be issued a temporary Certificate of Continued Occupancy until the completion of work.(Ord. passed 11-1-98)

' 152.16 STRUCTURAL CONDITIONS.

(A) Walls or partitions or supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle, and shall not have holes or cracks which might admit rodents.

(B) Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.

(C) Foundations, foundation walls, piers or their foundation supports shall not be deteriorated or damaged.

(D) Steps, stairs, landings, porches or other parts or appurtenances shall be

maintained in such condition that they will not fail or collapse.

(E) Adequate facilities for egress in case of fire or panic shall be provided.


(F) Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable materials which will, by use of reasonable household methods, promote sanitation and cleanliness and shall be maintained in such a manner so as to enable the occupants to maintain reasonable privacy between various spaces.

(G) The roof, flashings, exterior walls, basement walls, floors and all doors and windows exposed to the weather shall be constructed and maintained so as to be weathertight and watertight.

(H) There shall be no chimneys or parts thereof which are defective, deteriorated or in danger of falling, or in such condition or location as to constitute a fire hazard.

(I) There shall be no use of the ground for floors, or wood floors on the ground.(Ord. passed 8-11-97)

' 152.17 BASIC EQUIPMENT AND FACILITIES.

(A) Plumbing system.

(1) Each dwelling unit shall be connected to a potable water supply and to the public sewer or other approved sewer disposal.

(2) Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet and adequate supply of both cold water and hot water. All system connected to a potable water supply.

(3) All plumbing fixtures shall meet the standards of the North Carolina Plumbing Code and shall be maintained in a state of good repair and good working order.

(4) All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet and tub or shower shall be located in a room or rooms affording privacy to the user.

(B) Heating system. Every dwelling and dwelling unit shall have facilities for providing heat in accordance with either (1) or (2) below:

(1) Central and electric heating systems. Every central or electric heating system shall be of sufficient capacity so as to heat all habitable rooms, bathrooms and water closet compartments in every dwelling unit to which is connected a minimum temperature of 70 F. measured at a point three feet above the floor during ordinary winter conditions.

(2) Other heating facilities. Where central or electric heating systems are

not provided, each dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys, flues or gas vents whereby heating appliances may be connected so as to heat all habitable rooms with a minimum temperature of 70 F. measured at a point three feet above the floor during ordinary winter conditions.


(C) Electrical system.

(1) Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least two floor or wall-type electric convenience receptacles, connected in such manner as determined by the North Carolina Electric Code. There shall be installed in every bathroom, water closet room, laundry room and furnace room at least one supplied ceiling or wall type electric fixture for lighting. In the event wall or ceiling light fixtures are not provided in any habitable room, then such habitable room shall contain at least three floor or wall type electric convenience receptacles.

(2) Every public hall and stairway in every multiple dwelling shall have adequate lighting by electric lights at all times when natural lighting is not sufficient.

(3) All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used and installed in accordance with the North Carolina Electrical Code (Volume IV of the North Carolina Building Code).(Ord. passed 8-11-97)

' 152.18 VENTILATION.

(A) General. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The total minimum window area, measured between stops, for every habitable room shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window or any room and such light-obstructing structures are located less than five feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room.

(B) Habitable rooms. Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size as required, or shall have other approved, equivalent ventilation.

(C) Bathroom water closet rooms. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms and water closet rooms equipped with an

approved ventilation system.(Ord. passed 8-11-97)


' 152.19 SPACE, USE AND LOCATION.

(A) Room sizes.

(1) Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the North Carolina Building Code (Volume I-B of the North Carolina Building Code).

(2) Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant, at least 100 square feet of additional habitable area for each of the next three occupants, and at least 75 square feet of additional habitable floor area for each additional occupant.

(3) In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age.

(B) Ceiling height. At least one-half of the floor area of every habitable room shall have a ceiling height of not less than seven feet and six inches.

(C) Floor area calculation. Floor area shall be calculated on the basis of habitable room area. However, closet area and wall area within the dwelling unit may count for not more than 10% of the required habitable floor area. The floor area of any part of any room where the ceiling height is less than 42 feet shall not be considered as part of the floor area computing the total area of the room to determine maximum permissible occupancy.

(D) No cellar shall be used for living purposes.

(E) Basements. No basement shall be used for living purposes unless:

(1) The floor and walls are substantially watertight;

(2) The total window area, total openable window area and ceiling height are equal to those required for habitable rooms; and

(3) The required minimum window area of every habitable room is entirely above the grade adjoining such window area, except where the window or windows face a stairwell, window well or access way.(Ord. passed 8-11-97)

' 152.20 SAFE AND SANITARY MAINTENANCE.

(A) Exterior foundation, walls and roofs. Every foundation wall, exterior roof

shall be substantially weathertight and rodent proof; shall be kept in sound condition and good repair; and shall be capable


of affording privacy; shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or weather.

(B) Interior floors, walls and ceiling. Every floor, interior wall and ceiling shall be substantially rodent proof, shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.

(C) Windows and doors. Every window, exterior door, basement or cellar door, and hatchway shall be substantially weathertight, watertight and rodent proof; and shall be kept in sound working condition and good repair.

(D) Stairs, porches and appurtenances. Every outside and inside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair.

(E) Bathroom floors. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

(F) Supplied facilities. Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively, and shall be maintained in satisfactory working condition.

(G) Drainage. Every yard shall be properly graded so as to obtain through drainage and so as to prevent the accumulation of stagnant water.

(H) Noxious weeds. Every yard and all exterior property areas shall be kept free of species of weeds or plant growth which are noxious or detrimental to health.

(I) Egress. Every dwelling unit shall be provided with adequate means of egress as required by the State Residential Building Code (Volume I-B of the State Building Code.)(Ord. passed 8-11-97)

' 152.21 CONTROL OF INSECTS, RODENTS AND INFESTATIONS.

(A) Screens. In every dwelling unit, for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied and installed screens and a self-closing device; and every window or other device with openings to outdoor space, used or intended

to be used for ventilation, shall likewise be supplied with screens installed.

(B) Rodent control. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with screens installed or such other approved device as will effectively prevent their entrance.


(C) Infestation. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner.

(D) Rubbish storage and disposal. Every dwelling and every dwelling unit shall be supplied with approved containers and covers for storage of rubbish as required by the Town, and the owner, operator or agent in control of such dwelling unit shall be responsible for the removal of rubbish.

(E) Garbage storage and disposal. Every dwelling and every dwelling unit shall be supplied an approved garbage disposal facility, which may be an adequate mechanical garbage disposal unit (mechanical sink grinder) in each dwelling unit, to be approved by the occupants of each dwelling unit, or an approved outside garbage can as required by the town.(Ord. passed 8-11-97)

' 152.22 ROOMING HOUSES.

All the provisions of this chapter, and all of the minimum standards and requirements of this chapter shall be applicable to rooming houses, and to every person who operates a rooming house or who occupies or lets to another for occupancy any rooming unit in any rooming house, except as provided in the following subsections:

(A) Water closet, hand lavatory and bath facilities. At least one water closet, lavatory basin and bathtub or shower, property connected to an approved water system and sewer system and in good working condition, shall be supplied for each four rooms within a rooming house wherever said facilities are shared. All such facilities shall be located within the residence building served and shall be directly accessible from a common hall or passageway and shall be not more than one (1) story removed from any of the persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such required facilities shall not be located in a cellar.

(B) Minimum floor area for sleeping purposes. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 feet of floor area for each occupant 12 years of age or older and at least 35 square feet of floor area for each occupant under 12 years

of age.

(C) Sanitary facilities. Every water closet, flush urinal, lavatory basin and bathtub or shower required by division (A) of this section shall be located within the rooming house and within a room or rooms which afford privacy and are separate from habitable rooms, which are accessible from a common hall and without going outside the rooming house or through any other room therein.


(D) Sanitary conditions. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings, and for the sanitary maintenance of every other part of the rooming house; he shall further be responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house is contained is leased or occupied by the operator.(Ord. passed 8-11-97)

ENFORCEMENT

' 152.30 PROCEDURE FOR ENFORCEMENT.

(A) Preliminary investigation; placarding; notice; hearing.

(1) Whenever a petition is filed with the Administrator by a public authority or by at least five residents of the town charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, he shall, if his preliminary investigation discloses a basis for such charges, cause to be posted on the main entrance of such dwelling or dwelling unit a placard with the following words: AThis building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.@ Occupation of a building so posted shall constitute a misdemeanor.

(2) The Administrator will further issue and cause to serve upon the owner or the parties in interest in such dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the Administrator at a place therein fixed, not less than 10 nor more than 30 days after serving of said complaint. The owner or any party in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Notice of such hearing shall also be given to at least person signing a petition relating to such dwelling. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Administrator.

(B) Procedure after hearing.

(1) After such notice and hearing, the Administrator shall state in writing his determination whether such dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.

(2) If the Administrator determines that the dwelling or dwelling unit is

deteriorated, he shall state in writing his findings of fact in support of such determination, and shall issue and cause to be served upon the owner to repair, alter and improve such dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter within a specified period of time, not to exceed


90 days. Such order may also direct and require the owner to vacate and close such dwelling or dwelling unit until such repairs, alterations and improvements have been made.

(3) If the Administrator determines that the dwelling is dilapidated, he shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to either repair, alter and improve such dwelling or dwelling unit to comply with minimum standards of fitness established by this chapter, or else vacate and remove or demolish the same within a specified period of time not to exceed 90 days.(Ord. passed 8-11-97)

' 152.31 FAILURE TO COMPLY WITH ORDER.

(A) In personam remedy. If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the Administrator to repair, alter or improve the same within the time specified therein, or if the owner of a dilapidated dwelling shall fail to comply with an order of the Administrator to vacate or close, and remove or demolish the same within the time specified therein, the Administrator shall submit to the Town Council at its next regular meeting a resolution directing the Town Attorney to petition the superior court for an order directing such owner to comply with the order of the Administrator, as authorized by G.S. ' 160A-446(g).

(B) In rem remedy. After failure of an owner of a deteriorated dwelling unit, or of a dilapidated dwelling, to comply with an order of the Administrator within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in the preceding division (A), the Administrator shall submit to the Town Council an ordinance ordering the Administrator to cause such dwelling or dwelling unit to be repaired, altered or improved, or vacated and closed and removed or demolished as provided in the original order of the Administrator.(Ord. passed 8-11-97)

' 152.32 APPEALS FROM ORDERS OF THE ADMINISTRATOR.

(A) An appeal from any decision or order of the Administrator may be taken by any person aggrieved thereby. Any appeal from the Administrator shall be taken within 10 days from the rendering of the decision or service of the order, and shall be taken by filing with the Administrator and with the Housing Appeals Board a notice of appeal which shall specify the grounds upon which the appeal is based.

(B) Upon the filing of any notice of appeal, the Administrator shall forthwith transmit to the Board, all the papers constituting the record upon which the decision appealed from was made. When the appeal is from a decision of the

Administrator refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed. When any appeal is from a decision of the Administrator requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Administrator certifies to the Board, after the notice of appeal is filed with him, that by reason of the facts stated in the certificate (a


copy of which shall be furnished the appellant) a suspension of his requirement would cause imminent peril to life, or property, in which case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day=s written notice to the Administrator, by the Board, or by a court of record upon petition made pursuant to G.S. ' 160A-446(f) and division (A) of this section.

(C) The Board shall fix a reasonable time for the hearing of all appeals, shall give notice to all the parties and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the Administrator, but a concurring vote of four-fifths of the Board shall be necessary to reverse or modify any decision or order of the Administrator. The Board shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

(D) Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.

(E) Housing Board of Appeals to hear appeals. All appeals which may be taken from decisions or orders of the Administrator pursuant to ' 152.30(D)(1) shall be heard and determined by the Housing Appeals Board. The Zoning Board of Adjustment as provided for under Article 10 of the Zoning Ordinance shall serve as the Housing Appeals Board. The Board shall have the power to fix the times and places of its meetings, to adopt necessary rules of procedures and any other rules and regulations which may be necessary for the proper discharge of its duties. The Board shall perform the duties prescribed by G.S. ' 160A-388, Board of Adjustment, and shall keep an accurate journal of all its proceedings.(Ord. passed 8-11-97)

' 152.33 PETITION TO SUPERVISOR COURT BY OWNER.

Any person aggrieved by an order issued by the Administrator or a decision rendered by the Board shall have the right within 30 days after issuance of the order or rendering of the decision, to petition the superior court for a temporary injunction restraining the Administrator pending a final disposition of the cause, as provided by G.S. ' 160A-446(f).(Ord. passed 8-11-97)

' 152.34 SERVICE OF COMPLAINTS AND ORDERS.

(A) Complaints or orders issued by the Administrator shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons are unknown and the same cannot be ascertained by the Administrator in the exercise of reasonable diligence, the Administrator


shall make an affidavit to that effect, and the serving of such complaint or order upon such person may be made by publishing same once each week for two successive weeks in a newspaper printed and published and circulating in the town.

(B) Where service is made by such publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order.(Ord. passed 8-11-97)

' 152.35 IN REM ACTION BY THE ADMINISTRATOR.

(A) After failure of an owner of a dwelling or dwelling unit to comply with an order of the Administrator issued pursuant to the provisions of this chapter, and upon adoption by the Town Council of an ordinance authorizing and directing him to do so, as provided by G.S. ' 160A-443 (5) and ' 152.31, the Administrator shall proceed to cause such dwelling or dwelling unit to be repaired, altered or improved to comply with the minimum standards of fitness established by this chapter, or to be vacated and closed and removed or demolished, as directed by the ordinance of the Town Council.

(B) Pursuant to activities of '' 152.30, 152.34 and 152.35, each such ordinance shall be recorded in the office of the Register of Deeds of Washington County, and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. ' 160A-443(5).(Ord. passed 8-11-97)

' 152.36 COSTS AS LIEN ON PREMISES.

(A) As provided by G.S. ' 160A-443(6), the amount of the cost of any repairs, alterations or improvements, or vacating and closing, or removal or demolition, caused to be made or done by the Administrator pursuant to ' 152.19 shall be a lien against the real property upon which such costs were incurred.

(B) Such lien shall be filed, have the same priority, and be enforced and the costs collected as provided by G.S. Article 10, Chapter 160A.(Ord. passed 8-11-97)

' 152.37 ALTERNATIVE REMEDIES.

Neither this chapter nor any of its provisions shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this chapter by criminal process as authorized by G.S. ' 14-4 and ' 152.05,and the enforcement of any remedy provided herein or in other ordinances or

laws.(Ord. passed 8-11-97)


' 152.99 PENALTY.

(A) It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter or improve the same, or to vacate and close and remove or demolish the same, upon order of the Administrator duly made and served as herein provided, within the time specified in such order, and each day that any such failure, neglect or refusal to comply with such order continues shall constitute a separate and distinct offense. It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to ' 152.30(C)(1) and (2), to occupy or permit the occupancy of the same after the time prescribed in such order for its repair, alteration, improvement or its vacation and closing, and each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense.

(B) The violation of any provision of this chapter shall constitute a misdemeanor, as provided by G.S. ' 14-4.(Ord. passed 8-11-97)

CHAPTER 153: ZONING CODE

Section

General Purpose and Legal Authority

153.001 Intent153.002 Authority153.003 Short title153.004 Interpretation, purpose and conflict153.005 Validity

Adoption

153.015 Resolution153.016 Repeal153.017 Jurisdiction

Interpretation and Definitions

153.025 Phrases/terminology153.026 Word interpretations

Application

153.040 Equitability153.041 Agricultural activities153.042 Areas of environmental concern153.043 Uses of land and structures153.044 One principal building153.045 Lot reduction153.046 Substandard lots of record153.047 Adjoining/vacant substandard lots of record153.048 Newly-incorporated areas153.049 Fences and walls

Nonconforming Uses

153.055 Intent153.056 Nonconforming lots

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153.057 Nonconforming uses of land153.058 Nonconforming structures

Establishment, Delineation, and Interpretation of Zoning District Boundaries

153.065 Specified districts153.066 Official zoning map153.067 Updating of map153.068 Interpretation of boundary lines

District Regulations

153.075 C conservation district153.076 R20 single-family residential district153.077 R20A single-family residential district (low density with individual

mobile homes)153.078 R15 single-family residential district (medium density)153.079 R10 single-family residential district (medium density with duplex

units)153.080 R7 multi-family residential district (high density)153.081 R7A multi-family residential district (mixed high density)153.082 OI office and institutional district153.083 C1 central business district153.084 RDO riverfront development overlay district153.085 C2 neighborhood business district153.086 IL light industrial district153.087 IH heavy industrial district

General Provisions

153.094 Development moratorium153.095 Mobile homes153.096 Mobile home parks153.097 Mobile home park design153.098 Manufactured structures as non-residential uses

Signs and Billboards

153.105 Purpose153.106 Application153.107 Signs exempt from chapter153.108 General requirements153.109 Signs in residential districts153.110 Signs in office and institutional districts153.111 Signs in central business districts153.112 Signs in shopping center districts153.113 Signs in industrial districts

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Parking and Loading Requirements

153.125 Parking requirements153.126 Application153.127 Special requirements153.128 Certification153.129 Combination of required parking space153.130 Remote parking space153.131 Parking space requirements153.132 Multi-family housing153.133 Curb cuts153.134 Off-street loading

Home Occupations

153.145 Home occupations153.146 Satellite receivers153.147 Telecommunications facilities153.148 Home based business

Administration and Enforcement

153.160 Enforcing Officer153.161 Duties of zoning administrator153.162 Enforcement actions153.163 Zoning permit required153.164 Compliance procedures153.165 Processing of application; plans and fees153.166 Misrepresentations and misunderstandings153.167 Fee schedule

Board of Adjustment

153.175 Creation of board153.176 Appointment of members153.177 Qualifications of members153.178 Board of Adjustment meetings153.179 Responsibilities of the Board of Adjustment153.180 Appeals153.181 Hearing procedures153.182 Variances

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Changes and Amendments

153.190 Responsibility153.191 Notice and public hearing153.192 Planning Board responsibility153.193 Planning Board composition153.194 Planning Board appointments153.195 Public dissent153.196 Final action

Statutory Vested Right Provisions

153.205 Purpose153.206 Definitions153.207 Establishment of a zoning vested right153.208 Approval procedures and approval authority153.209 Duration153.210 Termination153.211 Voluntary annexation153.212 Limitations153.213 Repeater

Conditional Uses

153.220 Application for conditional use permit153.221 Effect upon conditional uses153.222 Requirements for certain conditional uses153.223 Site plan review153.998 Violation of chapter

153.999 Penalty

GENERAL PURPOSE AND LEGAL AUTHORITY

' 153.001 INTENT.

The zoning regulations and districts herein set forth in this chapter have been prepared in concern with the town land use plan for the express purpose to promote the orderly development of the municipality. In so doing, the health, safety, morals, and general welfare of the municipality may be served by limiting problems associated with vehicular traffic congestion; securing safety from the

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potential dangers of fire, panic, or natural disaster; providing light and air for all citizens; prohibiting the unsafe, unhealthful overcrowding of land; and promoting the facilitation of proper services inclusive transportation, water, sewer, electricity, schools, and parks in such a manner that the overall plan will be served and properly implemented. Also, through the application of this chapter, those areas having environmental qualities (Areas of Environmental Concern) which should be preserved or developed in a judicious manner will be guided to insure their existence for future generations. Within the context of this purpose, all requirements and/or restrictions have been developed with reasonable consideration of

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all factors inclusive the suitability of use of land, value of property and buildings, and the general needs of the populace.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. passed 6-9-97)

' 153.002 AUTHORITY.

The provisions of this chapter are adopted under the authority granted by G.S. ' 160A-381. (Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. passed 6-9-97)

' 153.003 SHORT TITLE.

The official title of this chapter shall be known as the AZoning Code of the Town of Plymouth, North Carolina,@ and may be further cited as the Zoning Code.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. passed 6-9-97)

' 153.004 INTERPRETATION, PURPOSE AND CONFLICT.

In the interpretation and application, the provision of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, and general welfare. Wherever the requirements of this chapter are at variance with other requirements of the lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the highest standards shall govern.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. passed 6-9-97)

' 153.005 VALIDITY.

Should any section or provision of this chapter be declared invalid by the courts, such decision shall not affect the validity of the chapter as a whole, or any part thereof other than the part so declared to be invalid.(Ord. passed 10-21-96)

ADOPTION

' 153.015 RESOLUTION.

(A) The Town Council do hereby adopt the following:


(1) An ordinance properly regulating and restricting the height, size, location, and other open land spaces; the location and standards of certain land use activities inclusive of commercial, industrial, and residential uses through the creation of districts with recognized boundaries and regulatory controls for the expressed stated purpose (' 153.001) to promote orderly development for the general welfare of the citizens of Plymouth, North Carolina.

(2) In so doing, the Town Council does accept this chapter and the accompanying official map as the instruments of interpretation and enforcement.

(3) Furthermore, the Town Council provides for a Board of Adjustment, appeals procedures, and the imposition of penalties in order to assure the equitable enforcement of this chapter and its intent.

(B) The Town Council of Plymouth, North Carolina do ordain as follows to be in full force and effect this, the twelfth day of September, 1983.(Ord. passed 10-21-96)

' 153.016 REPEAL.

Upon date of adoption (' 153.015), all provisions of the Zoning Ordinance and its amendments previously enforced by the Town of Plymouth are hereby repealed, except for such actions expressly retained herein.(Ord. passed 10-21-96)

' 153.017 JURISDICTION.

The provisions of this chapter shall be applicable within the corporate limits of the Town of Plymouth and the extraterritorial limits as adopted under the G.S. ' 160A-360.(Ord. passed 10-21-96; Am Ord. 01-01, passed 1-8-01)

INTERPRETATION AND DEFINITIONS

' 153.025 PHRASES/TERMINOLOGY.

For the purpose of this chapter, certain words shall be interpreted as follows. Except as defined herein, all other words shall have their customary dictionary definition as would be applicable.

ACCESSORY USE. A use customarily incidental and subordinate to the primary use of a building and located on the same lot with such use of building, but not to include open-air storage or facilities housing more than four animals of

any kind.

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ADMINISTRATOR, ZONING. The person whom the Town Council has designated as its agent for administration and enforcement of this chapter and subsequent regulations.

ADULT USE. Any principal or accessory use which excludes minors by reason of age. This definition does not apply to applicable beverage laws or voluntary restrictions of the motion picture industry. Any application that meets this requirement must be compliant with ' 153.222(K) to (M).

ALLEY. Includes a passageway as a thoroughfare through the middle or in the rear of a block affording access to the rear of property and/or buildings.

ASSEMBLY AND PROCESSING. The assembly, processing and wholesale of farm and food products, including meat, fish, poultry, vinegar and yeast. Shall include the incidental retail outlets for only that merchandise handled at the wholesale establishment.

AUTOMOBILE. A self-propelled, free-moving, state inspected vehicle, with four wheels in road worthy, good mechanical condition, (so that it could and can be driven off any premises), used to transport people and items and (capable of being) licensed by the appropriate state agency as a passenger vehicle.

BED AND BREAKFAST INN. A single-family dwelling which rents a room or rooms without cooking facilities and which provides a breakfast meal but no other meals for guests on the premises.

BILLBOARD. Inclusive of outdoor signs and outdoor advertisements, meaning any sign (including a standard poster panel) either free-standing or attached to a structure which directs attention to a business, commodity, service, entertainment, or other activity conducted, sold, or offered elsewhere than on the premises on which the sign is located.

BUILDING. A structure with a roof supported by columns or walls, intended to provide shelter for persons, property, animals, or business activity. Includes roof, gutters, walls, downspouts, porches, foundations, crawl spaces, windows, floors, and doors. The term includes the words Astructure@ and Aestablishment.@

BUILDING LINE. Inclusive of setback line, denoting the line on the front, rear, and sides of a lot, established according to the zoning district regulations set forth herein, delineating the area upon which a building may be erected or maintained.

CHURCH, CLUB, OR PRIVATE LODGE. An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational, or like activities operated on a nonprofit basis for the primary benefit of its members.

CURB CUT. Inclusive of driveway referring to a lowered or cut-away (paved or unpaved) curb for purposes of ingress or egress to property abutting a public street.

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DWELLING. A building, or portion thereof, inclusive of residence defined as providing complete living facilities; inclusive eating, sleeping, and bath facilities.

DWELLING, MULTI-FAMILY. Includes apartments, condominiums, and townhouses as a residence designed for occupation by three or more families with separate living facilities for each.

DWELLING, SINGLE-FAMILY. A detached residence designed for occupation by one family only.

DWELLING, TWO-FAMILY. Includes a duplex defined as a residence designed for occupation by two families only with separate living facilities for each.

EXTRATERRITORIAL AREA. Inclusive of extraterritorial district, extraterritorial planning area, and extraterritorial planning district meaning the properties or land beyond the corporate limits of the town, adopted in accordance with G.S. ' 160A-360.

FAMILY. One or more persons occupying a premises or residence, living as a single housekeeping unit, as distinguished from a group occupying a boarding house, fraternity, sorority, or transient residents (such as motel or hotel occupants).

FAMILY CARE HOME. A home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six resident handicapped persons.

FENCE/WALL. An artificially constructed barrier constructed of wood, chain link, masonry, wrought iron, vinyl or any combination of afore-referenced good/materials, erected to enclose, screen, retain, and/or separate areas.

FIREARM. Any handgun, revolver, rifle, shotgun or any other device designed to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or any other form of combustion.

FIREARMS DEALER. A properly licensed person lawfully engaged in the business of selling, transferring, or leasing, or advertising for, sale, transfer, or lease or offering or exposing for sale, transfer, or lease, any firearm.

FRONTAGE. The distance between the two side lot lines as measured along the front setback line.

GREEN POWER PRODUCTION FACILITY. Any facility that produces electrical power through the harnessing of energy sources which are not expected to be depleted in a time frame relevant to the human race, also called sustainable energy. Sustainable energy sources are most often regarded as including all renewable sources, such as plant matter, solar power, wave power,

geothermal power and tidal power. Wind power is not included for this definition.

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HANDICAPPED PERSON. A person with a temporary or permanent physical, emotional, or mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments, but not including mentally ill persons who are dangerous to others as defined by G.S. ' 122C-3(11)b.

HOME BASED BUSINESS. An accessory use of a second structure located on the same parcel with a primary owner occupied single-family residential dwelling, which must meet the requirement of ' 153.148 and with all local zoning and building codes and state/county/local mandated health and safety regulations. A HOME-BASED BUSINESS may consist of service-oriented uses and typically will be more intensive than a home occupation, due to factors such as intensity of use or clients coming to the residence.

HOME OCCUPATION. An occupation for gain in a residence by a person or family residing therein.

HOME PROFESSIONAL OFFICE. The office, studio, or occupational room of a doctor, dentist, architect, musician, tutor, instructor, professional engineer or surveyor, attorney, realtor or insurance agent, or similar professional persons providing services when:

(1) The use is conducted within a residence occupied by the practitioner.

(2) No other persons are engaged in the occupation.

(3) There is no display of goods or of advertising, other than an identification sign.

HOTEL. Inclusive a motel, tourist home, and boarding house, defined as a commercial structure in which sleeping accommodations are provided and offered to transient visitors for compensation.

JUNK YARD. Inclusive of salvage yard as a location for indoor and/or outdoor storage, sale, or resale of junk including scrap material of metal, rags, paper, lumber, structural steel, equipment, or assortment thereof, or for the dismantling, demolition, and/or abandonment of automobiles, boats, and other vehicles or machinery.

KENNELS. A fenced in or enclosed structure or structures, facility or facilities in which actual or intended use is to domicile more than four dogs or other domesticated animals.

LOT. Includes a parcel denoting a land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are required in this chapter. Such LOT may consist of the following:

(1) A single lot of record;

(2) A portion of a lot of record;

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(3) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; or

(4) A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

LOT, CORNER. A lot which occupies the interior angle at the intersection of two street lines which make an angle of more than 45 and less than 135 with each other. The street line forming the least frontage shall be deemed the front of the lot except where the two street lines are equal, in which case the owner shall be required to meet the applicable standards of this chapter.

LOT DEPTH. The arithmetic horizontal distance between front and rear lot lines.

LOT OF RECORD. A lot which is a part of a subdivided plat which has been recorded in the office of the County Register of Deeds of Washington County no later than the date of the adoption of this chapter, or a lot described by metes and bounds, the description of which has been recorded by the aforementioned time.

LOT WIDTH. The arithmetic horizontal distance between side lot lines.

MEDICAL SUPPLIES AND SERVICES. Services provided in a facility with merchandise for retail sales used for treating patient physical illness or injury or a facility (with or without said merchandise), engaged in furnishing the following outpatient medical, surgical or other personal physical health services: medical, dental, optical, physical mobility, hearing, certified therapeutic massage therapist, and out-patient physical care facilities. These services would be separate from and unaffiliated with hospitals and would be properly supervised on site by Board certified or State licensed personnel. This definition shall specifically exclude for-profit and not- for profit businesses and establishments engaged in: a) psychiatric and mental health services and b) marijuana (medical or otherwise) growing, manufacturing, dispensing and/or on-site consumption facilities, and marijuana associated paraphernalia and equipment sales, and/or use.

MICRO WINERY OR BOUTIQUE WINERY. A business that processes agricultural products into beverages (wine) in small batches of less than 7,500 cases per year and may include an in house tasting room for retail sales of the product produced on site and its related merchandise. (A case consists of twelve 750 ml bottles of wine).

MOBILE HOME. A dwelling unit that:

(1) Is not constructed in accordance with the North Carolina State Building Code for site-built homes; and

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(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 or its own chassis; and

(3) In traveling mode is 40 feet or more in length and eight feet or more in width; and

(4) Bears a permanent label or seal of compliance in accordance with G.S. 143-149(6). ALabel of Compliance@ shall mean a permanent label or seal permanently attached to a manufactured home at completion of construction thereof which is issued by any independent, solvent, and trustworthy person approved and licensed by the Council (N.C. State Building Council) as being competent and as having and utilizing initial and follow-up manufacturing inspection services which provide the highest degree of quality control, and on which seal or label shall be recorded:

(a) The person issuing such label or seal and the serial number of the label or seal;

(b) The serial number or other identification number of said manufactured home;

(c) A certification that said manufactured home was evaluated, tested, and inspected in accordance with the standards and rules and regulations prescribed in this chapter.

MOBILE HOME CLASS A. A mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria:

(1) The mobile home has a length not exceeding four times its width;

(2) The pitch of the mobile home=s roof has a minimum vertical rise of one foot for each fivefeet 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 of wood, hardboard, aluminum or vinyl (that does not exceed the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction;

(4) A continuous, permanent masonry foundation, unpierced except for required ventilation and access, is installed under the home;

(5) Stairs, porches, entrance platforms and other means of entrance and exit to the home shall be installed or constructed in accordance with the standard

set by the North Carolina Department of Insurance; and

(6) The moving hitch, wheels and axles, and transporting lights have been removed.

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MOBILE HOME CLASS B. A mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy all of the criteria necessary to qualify the house as a Class A mobile home.

MOBILE HOME CLASS C. Any mobile home that does not meet the definitional criteria of a Class A or Class B mobile home.

MOBILE HOME PARK. Any tract of land upon which five or more mobile homes occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such service on any site or tract of land designed for such occupancy.

MODULAR HOME. A dwelling unit constructed in accordance with the standards set forth in the North Carolina 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 mobile home (except that the modular home meets the N.C. State Building Code), or a series of panels or room sections transported on a truck and erected or joined together on the site.

NONCONFORMING USE. Any structure and/or use of land which does not conform with the permitted uses for the zoning district in which it is located, either at the effective date of this chapter or as a result of subsequent amendments to this chapter.

NON-PROFIT OPERATIONS. Those operations conducted by a properly established and maintained entity pursuant to the provisions of G.S. Ch. 55A or I.R.C. ' 501(c)(3). Such entity must be organized and operated exclusively for those exempt purposes as defined in I.R.C. ' 501(c)(3), and none of its earnings may inure to the benefit of any private shareholder or individual. Such entity shall provide proof of its proper establishment and ongoing exclusive operations upon request by any town official.

NURSING HOME. Inclusive a Aconvalescent home,@ Arest home,@ or Aelderly home@ and described as a health facility where persons are housed and furnished with meals and continuing nursing care for compensation, either on a part-time or full-time basis.

OPEN-AIR STORAGE. The keeping, stacking, or storing of goods without the benefit of structural shelter.

PRINCIPAL USE. The principal or primary use for which a lot or the main structure thereon is designed, arranged, or intended and for which it is or may be used, occupied, or maintained.

PSYCHIATRIC AND MENTAL HEALTH SERVICES. Services provided in a facility for clients or patients on an outpatient or inpatient basis that would include: evaluation, examination, diagnosis,

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referral, treatment, counseling, mentoring, group support services, individual support services, group therapy, and/or individual therapy in the mental health and/or psychiatric fields and properly supervised on site by board certified or state licensed personnel.

SATELLITE RECEIVERS. A structure designed to receive television broadcasts relayed by microwave signals from earth-orbiting communications satellites and is in excess of four feet in diameter or five feet in height from the base to the top of the antenna.

SERVICE STATION. Inclusive of Agas station@ and Afilling station@ and defined as a building or lot dedicated to the rendering of automotive services such as the sale of gasoline, oil, grease, and accessories, and the minor repair of automobiles such as tune-ups, brake adjustment, and tire changes, and excluding body working, overhauling, painting, and other specialized services.

SHOPPING CENTER. Inclusive of Aconvenience center,@ Ashopping mall,@ and Acommercial center@ and 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. A device (stationary or transportable) designed to inform, direct, or attract the attention of persons not on the premises on which the sign is located as pulled out in '' 153.105 through 153.113.

SPORTS BAR. A sit down restaurant open to the general public (of all ages) that would include amenities or entertainment in conjunction with the restaurant such as: a microberewery, public bar located in the restaurant area, (multiple) television screens, billiard tables, foosball tables, and/or darts.

STREET. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting property.

TAVERN/NIGHTCLUB. An establishment where food and drink are prepared, served and consumed within the principal building and in which music (live and otherwise), dancing and/or entertainment is permitted.

TRAVEL TRAILER. Any structure which:

(1) Consists of a single unit completely assembled at the factory.

(2) Is designed so that the total structure can be transported on its own chassis.

(3) Is not over 32 feet in length and eight feet in width, and

(4) May be used as a dwelling unit (term is inclusive of camper,

mini-mobile home, and the like.)

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VARIANCE. A relaxation of the specific terms of a zoning ordinance. A VARIANCE may be made where, owing to conditions peculiar to the property - not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. VARIANCES are granted by the Board of Adjustment which must adhere to certain rules and regulations as set forth in this chapter.

VIDEO GAMING ARCADE. Any establishment that operates by selling customers Ainternet time@ and where the customer may use the computer terminal to surf the internet or play games to win prizes based on predetermined odds. Included in this definition would also include, internet sweepstakes, video sweepstakes, and internet café, lounges, or other related terms. (Internet cafes shall not be constructed to be restaurants or dining establishments that also provide just wireless internet (wi-fi) for their customers or patrons to access with the customers= or patrons= laptops or hand-held devices).

YARD. Required open space across the front of a lot measured from side lot line to side lot line and lying between the front property line and the front building setback line.

YARD, FRONT. Required open space extending along either side of a lot measured from side lot line to side lot line and lying between the front property line and the front building setback line.

YARD, REAR. Required open space extending across the rear of a lot measured from side lot line to side lot line and lying between the rear property line and the rear building setback line. (NOTE: A REAR YARD may be used for an accessory building provided no structure, temporary or permanent, is constructed within five feet of any property line.

YARD, SIDE. Required open space extending along either side of a lot measured from front setback line to the rear setback line and lying between the side lot line and the side setback line.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. 01-03, passed 3-12-01; Am. Ord. 04-01, passed 11-8-04; Am. Ord. passed 11-8-10; Am. Ord. 11-02, passed 2-14-11; Am. Ord. 2013-03, passed 2-11-13; Am. Ord. passed 7-28-14; Am. Ord. 2015-02, passed 3-9-15; Am. Ord. 2015-03, passed 4-13-15, Am. Ord. 2015-06, passed 5-11-15; Am. Ord. 2015-07, passed 6-8-15; Am. Ord. 2015-08, passed 6-8-15; Am. Ord. 2016-07, passed 5-9-16)

' 153.026 WORD INTERPRETATIONS.

For the purpose of this chapter, the following terms shall be interpreted as stated:

(A) The present tense includes future tense and future tense includes the present tense.

(B) The singular number includes the plural number and plural number includes the singular number.

(C) The word Amay@ and Ashould@ are permissive.

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(D) The word Ashall@ is mandatory and not merely directory.

(E) The word Amap@ shall mean the official zoning map of the Town of Plymouth adopted pursuant to this chapter.

(F) The word Achapter@ shall mean the official zoning chapter of the Town of Plymouth.

(G) The words Atown@ or Acity@ shall mean Plymouth, North Carolina, a municipal corporation.

(H) The word ABoard@ shall mean the Planning Board of Plymouth, North Carolina, unless otherwise noted.

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(I) The words ATown Council@ shall mean the Town Council of Plymouth, North Carolina.

(J) The words ABoard of Adjustment@ shall mean the Town of Plymouth Board of Adjustment. (Ord. passed 10-21-96)

APPLICATION

' 153.040 EQUITABILITY.

The regulations contained in this chapter for each district shall be applied in an equal and impartial manner to all property within each district throughout the town and the extraterritorial planning districts.(Ord. passed 10-21-96)

' 153.041 AGRICULTURAL ACTIVITIES.

Agricultural activities will be allowed only within the extraterritorial planning jurisdiction of the town. Livestock operations of more than ten animals per acre will be prohibited, and all food animal operations shall require a 100 foot vegetative buffer along property lines bordering non-agricultural uses and natural or manmade waterways.(Ord. passed 10-21-96)

' 153.042 AREAS OF ENVIRONMENTAL CONCERN.

The following areas outlined in divisions (A) through (C) are those areas of environmental concern as defined in G.S. Chapter 113A affected by the application of this chapter within the jurisdiction of the town. The enforcement of this chapter within these designated areas or lands affecting such areas should be wholly consistent with the development policies and regulations prescribed in the Coastal Area Management Act of North Carolina. All development standards and permits required under the Act will take precedence over the standards and regulations set forth in this chapter.

(A) Estuarine waters. Estuarine waters are defined in G.S. ' 113A-113(b) as Aall the water of the Atlantic Ocean within the boundary of North Carolina and all the waters of the bays, sounds, rivers, and tributaries thereto seaward of the dividing line between coastal fishing waters and inland fishing waters, as set forth in an agreement adopted by the Wildlife Resources Commission and the Department of Environment, Health, and Natural Resources filed with the Secretary of State, entitled >Boundary Lines, North Carolina Commercial Fishing

- Inland Fishing Waters,= revised to March 1, 1965.@

(B) Estuarine shorelines. Estuarine shorelines constitute those non-ocean shorelines which are especially vulnerable to erosion, flooding, or other adverse effects of wind and water and are intimately connected to the estuary. This area extends from the mean high water level or normal water level along


the estuaries, sounds, bays, and brackish waters as set forth in an agreement adopted by the Wildlife Resources Commission and the Department of Environment, Health, and Natural Resources for a distance of 75 feet landward.

(C) Public trust areas. Public trust areas are all waters of the Atlantic Ocean and the lands thereunder from the mean high water mark to the seaward limit of state jurisdiction; all natural bodies of water subject to measurable lunar tides and lands thereunder to the mean high water mark; all navigable natural bodies of water and lands thereunder to the mean high water level or mean water level, as the case may be, except privately-owned lakes to which the public has no right of access; all water in artificially created bodies of water containing significant public fishing resources or other public resources which are accessible to the public by navigation; and all waters in artificially created bodies of water in which the public has acquired rights by prescription, custom, usage, dedication, or any other means. In determining whether the public has acquired rights in artificially created bodies of water, the following factors shall be considered.

(1) Use of the body of water by the public.

(2) Length of time the public has used the area.

(3) Value of public resources in the body of water.

(4) Whether the public resources in the body of water are mobile to the extent that they can move into natural bodies of water.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.043 USES OF LAND AND STRUCTURES.

The following regulations are applicable to all uses of land and structures in the jurisdiction and shall be enforceable upon the effective date of this chapter:

(A) Conforming use. Land and structures or the uses of land and structures, which conform with the regulations for the district in which it is located, may be continued provided that any structural change or alteration or change in use shall conform with the provisions of this chapter.

(B) New use of construction. All new construction or use of land shall conform with the use and dimensional requirements for the district in which it is to be located.

(C) Nonconforming uses. Land or structures or uses of land, which would be prohibited under the regulations for the district in which it is located, shall be considered as conforming uses. Nonconforming uses or structures shall be allowed to continue under the appropriate provisions spelled out in this chapter.(Ord. passed 10-21-96)

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' 153.044 ONE PRINCIPAL BUILDING.

No lot shall be occupied by more than one principal building. No portion 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 included as a part of a yard or other open space required under this chapter for another building or structure. A residence shall always be considered the principal use of a lot.

(A) Address numbers on primary structures. All primary structures shall have affixed to their facade numbers that correspond to the E-911 address for that structure. These numbers shall be a minimum of three inches high and a maximum of five inches high. These should be placed at a conspicuous location on the structure. In the case of a primary structure being divided into subsections with separate entrances for each and a different address to each subsection, each entrance shall have the individual address identified with the affixed numbers as described above.

(B) Penalty for failure to affix address numbers on primary structures. The owner of any structure failing to bring the primary structure into compliance with division (A) shall be liable for a civil penalty in the amount of $25. With this penalty the town shall cause the appropriate numbers to be affixed to the structure. Removal of these numbers once affixed shall cause the structure to be out of compliance and subject to further civil penalty.(Ord. passed 9-12-83; Am. Ord. passed 10-9-95; Am. Ord. passed 10-21-96)

' 153.045 LOT REDUCTION.

No yard or lot existing at the time of the passage of this chapter shall be permitted to be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter. (Ord. passed 9-12-83; Am. Ord. passed 10-21-96) Penalty, see ' 153.999

' 153.046 SUBSTANDARD LOTS OF RECORD.

Where the owner of a lot at the time of the adoption of this chapter (or his successor in title thereto) does not own sufficient land to enable him to meet the minimum dimensional requirements of this chapter, such lot may be used as a building site provided that the lot width and lot area are not more than 20% below the minimum specified in this chapter or other dimensional requirements cannot be met, the Board of Adjustment is thus authorized to approve as a variance such dimensions as shall conform as closely as possible to the applicable, required dimensions.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.047 ADJOINING/VACANT SUBSTANDARD LOTS OF RECORD.

If two or more adjoining lots of record are in single ownership at any time after the adoption of this chapter and the lots individually have less frontage or area than the minimum requirements of the


applicable district, the lots shall be considered as a single lot or several lots which meet the minimum requirements of the district in which the lots are located.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.048 NEWLY-INCORPORATED AREAS.

All territory which may hereafter be included within the zoning jurisdiction of town shall, within one year after formal designation by the Town Council, be appropriately zoned by the Town Planning Board. Until such time, all property herein described shall be placed in the R20 residential district and those regulations governing that district shall apply.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.049 FENCES AND WALLS.

(A) The setback requirements of these regulations shall not prohibit any necessary retaining wall or prohibit any wall or fence.

(B) (1) However, within or abutting any residential district, no wall or fence shall exceed six feet in height within a front, side, or rear yard.

(2) In any business or industrial district, no fence shall exceed eight feet in height.

(C) Barbed or similar wire to be used for security shall be allowed in industrial districts only.(Ord. 04-01, passed 11-8-04)

NONCONFORMING USES

' 153.055 INTENT.

It is the intent of this chapter to permit nonconformities to exist only until such time as they are removed or cease to operate as uses. The application of this chapter should in no way encourage their existence or perpetuate them as nonconforming uses of land. In so doing, the expansion, enlargement, or extension of nonconforming uses will not be permitted. Also, the existence of nonconforming uses should not be constructed as an allowance for adding structures or uses or adding to other structure or uses prohibited or uses prohibited elsewhere in the same district.(Ord. passed 10-21-96)

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' 153.056 NONCONFORMING LOTS.

(A) Where the owner of a lot at the time of the adoption of this chapter or his successor in title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this chapter, a building permit may be granted, provided that the lot width and lot area are not more than 20% below the minimum specified in this chapter as determined by the local Zoning Administrator.

(B) If two or more adjoining and vacant lots of record are in single ownership at any time after the adoption of this chapter and such lots individually have less frontage or area than the minimum requirements of the district in which the lots are located, such 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.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96) Penalty, see ' 153.999

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' 153.057 NONCONFORMING USES OF LAND.

Where at the time of passage of this chapter, lawful use of land exists which would not be permitted by the regulations and guidelines imposed by this chapter for the district in which such lots are located, the use of land may be continued so long as it remains otherwise lawful provided:

(A) No such nonconforming use shall be enlarged or increased, no extended to occupy a greater area of land than was occupied at the effective date of this chapter.

(B) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use at the effective date of this chapter.

(C) If any such nonconforming use of land ceases for any reason for a period of time of more than180 days, any subsequent use of the land shall conform to the regulations specified for the district in which the land is located.

(D) Any nonconforming use of land may be changed to a conforming use. (Uses cannot receive a Avariance@ from any board or council. Uses can only be allowed by formally amending the ordinance to allow them. Only dimensional requirements or, in some cases, conditions placed on conditional uses can receive a Avariance@ through the Board of Adjustment.)(Ord. passed 9-12-83; Am. Ord. passed 10-21-96) Penalty, see ' 153.999

' 153.058 NONCONFORMING STRUCTURES.

Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the current terms of this chapter by reason of restrictions on an area, lot coverage, height, yards, its location on the lot, or other requirements that may be included within this chapter, the structure may be continued so long as it remains lawful subject to the following provisions and conditions:

(A) No nonconforming structure can only be enhanced upon or altered if the nature of the alteration does not increase the nonconformity of the structure.

(B) Should a nonconforming structure or a nonconforming portion of a structure be destroyed by any means to an extent which exceeds 50% of its replacement cost at the time of destruction as determined by the local Building Inspector, it shall not be reconstructed except in conformance with the provisions of this chapter. Any replacement involving work equalling less than 50% of the cost at time of destruction shall be completed within one year of that date. Should this replacement not take place within this time period, the rights under this division will not be valid and no building permit be granted for purposes

other than for activities in conformance with this chapter.

(C) Should a structure (nonconforming or conforming) be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.


(D) Normal maintenance and routine repair of a nonconforming structure will be permitted as long as the maintenance or repair cannot be construed to add, extend, or intensify the nonconforming structure or nonconforming portion(s).

(E) Nonconforming mobile homes may be rebuilt, replaced, or returned to the lot after it is removed. Any mobile home that is damaged by any means greater than 50% of its replacement cost shall be removed and shall not be rebuilt, replaced; or returned.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96) Penalty, see ' 153.999

ESTABLISHMENT, DELINEATION,AND INTERPRETATION OF ZONING DISTRICT BOUNDARIES

' 153.065 SPECIFIED DISTRICTS.

For the purposes of this chapter, the town and its extraterritorial jurisdiction are hereby divided into the following districts with appropriate designation and zoning purpose for each:

C Conservation DistrictR20 Single-Family Residential District (low density)R20A Single-Family Residential District (low density with individual mobile

homes)R15 Single-Family Residential District (medium density)R10 Single-Family Residential District (medium density with duplex units)R7 Multi-Family Residential District (high density)R7A Multi-Family Residential District (mixed high density)OI Office and Institutional DistrictC1 Central Business DistrictC2 Highway Business DistrictRDO Riverfront Development Overlay DistrictIL Light Industrial DistrictIH Heavy Industrial District

(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.066 OFFICIAL ZONING MAP.

The boundaries of the districts shown on the map are made a part of this chapter (see Appendix A) and also shown as the Official Zoning Map posted for public inspection at the Town Hall of Plymouth. The zoning map and all notations, references, and amendments thereto are designated as the official instruments for the implementation and application of all regulations governing the districts above.(Am. Ord. passed 10-21-96)

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' 153.067 UPDATING OF MAP.

The boundaries of the districts shown on the map are made all necessary changes in the Official Zoning Map no later than 30 days after official amendments and/or other action is certified. All maps prepared for public distribution will be updated on an annual basis as of January 1 of each calendar year.(Ord. passed 10-21-96)

' 153.068 INTERPRETATION OF BOUNDARY LINES.

The following rules will apply in the interpretation of all district boundary lines:

(A) Location. All boundary lines are intended to be along or parallel to established property lines, lot lines, the center line of streets, alleys, railroad easements, geographic features (i.e. creeks, streams), or designated rights-of-way.

(B) Responsibility of interpretation. Any discrepancy between a street or property layout on the ground and the zoning map shall be interpreted by the Board of Adjustment. All interpretations shall be consistent across district boundary lines.(Ord. passed 10-21-96)

DISTRICT REGULATIONS

' 153.075 C CONSERVATION DISTRICT.

(A) The purpose of this District is to retain those areas that are least suitable for development on any scale. This designation is based upon soil type, floodplain retention, or other fragile features that threaten the safety and well-being of any citizen who may wish to build a structure on such property. Due to the soil types and general topography of the municipality, it is essential that such designations be made and observed for good, sound planning judgments. In so doing, the town will preserve certain natural features which enhance the quality of life for all citizens.

(B) Land use compatibility. The character of this District=s designation is wholly compatible with such areas designated as Aconservation@ in the town land use plan under the provisions of the Coastal Area Management Act (CAMA). Wherever possible, the District should coincide with that classification and be treated with similar intent.

(C) Permitted uses.

(1) Horticultural uses, inclusive of the retail sale of products on the property where produced.


(2) Low intensity public and private recreational uses or facilities of a noncommercial nature including boat access, open space park, bail fields, bikeway, and greenways.

(3) Tree farming and other forestry related activities.

(D) Conditional uses. '' 153.220 through 153.223 and the Use Tables which follow describe uses which might be allowed in each district, subject to certain conditions. For this district, the conditional uses are:

(1) Golf courses.

(2) Public utility facilities.

(E) Dimensional and structural requirements. The following will outline the specifications under which structures will be permitted to be constructed.

(1) Barriers. No structures or barriers will be permitted which impede the normal flow of water or adversely affect the water-holding capacity of the property as provided for under the State Ground Absorption Act.

(2) Enclosed structures. No enclosed structure will be permitted unless required for the normal occurrence of permitted activities (such as public restrooms, picnic shelters, or storage facilities).

(3) Covered surface. Maximum lot coverage for placement of impervious surfaces will be 30%.

(4) Land clearance. All clearance of vegetation will be held to a minimum with only essential clearance permitted.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96) Penalty, see ' 153.999

' 153.076 R20 SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) This district is intended to provide areas of low density development for the purposes of higher property values or public health concerns. Within the jurisdiction of this chapter, constraints may be placed on residential and commercial development by soil limitations with respect to percobility (capacity to absorb effluent). These are areas which are not presently served by the municipal water and sewer system. In order to ensure a healthful development pattern, any single-family dwelling in this District is required to have a minimum of 20,000 square feet. Where conditions warrant, the lot size should be larger to accommodate and protect health-related needs of the property and the surrounding residents. The size and approval of residential development will be based upon documentation of favorable percolation tests. These results must be provided by the County Sanitarian for any residences located in this District. This test will be paid for by the individual, builder, or developer.

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(B) Land use compatibility. The character of this District provides for low-density development without provision of water and sewer service generally limited to the extraterritorial planning jurisdiction. Wherever possible, the District should coincide with those land classifications of Arural@ and Acommunity@ as set forth in the most current land use plan under the provisions of the Coastal Area Management Act.

(C) Permitted uses.

(1) Residential accessory uses (such as garage, private workshop).

(2) Single-family residences excluding mobile homes on individual lots.

(3) Agricultural uses inclusive of tree farming and row crops.

(4) Horticultural uses inclusive of retail sales of products on the property where produced (such as greenhouses/nurseries).

(5) Public and private recreational uses or facilities of a noncommercial nature.

(6) Family care homes, as defined in ' 153.025 of this chapter.

(D) Conditional uses. '' 153.220 through 153.223 and the Use Tables which follow describe uses which might be allowed in each district, subject to certain conditions. For this district, those are:

(1) Child care/day care/kindergarten.

(2) Churches.

(3) Golf courses.

(4) Home occupations.

(5) Public or private school facilities.


(E) Dimensional, setback, and structural requirements. The following will outline specifications under which structures will be permitted to be constructed.

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(1) Minimum lot dimensions.

Lot area................................................................................20,000 square feetLot width at front setback line...............................................................100 feetLot depth...............................................................................................150 feetSide yard setback (each side)..................................................................15 feetSide yard setback (abutting street).........................................................20 feetFront yard setback..................................................................................30 feetRear yard setback...................................................................................25 feet

(2) Structure/lot coverage.

Maximum residential coverage area (40%),inclusive of carport, accessory buildings,and any other impermeable surface.................................8,000 square feet

(3) Height.

Maximum height of structures...........................................................35 feetMaximum height of auxiliary householdequipment.........................................................................................55 feet

(F) Supplemental regulations. The following represent special considerations guiding the development of land use permitted within this District.

(1) Off-street parking. The required off-street parking allowances are provided in '' 153.125 through 153.134.

(2) Corner visibility. No visual obstruction will be permitted within five feet of either of two intersecting streets.

(3) Signs. All signs permitted in this District shall be in compliance with '' 153.105 through 153.113.

(4) Accessory buildings. Permitted accessory buildings require a minimum five foot back yard setback and five foot side yard setback.

(5) Accessory structures. Erection of animal shelters, animal cages, or animal pens in front yards or side yards is not permitted.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. passed 6-14-04) Penalty, see ' 153.999

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' 153.077 R20A SINGLE-FAMILY RESIDENTIAL DISTRICT (LOW DENSITY WITHINDIVIDUAL MOBILE HOMES).

(A) This District will provide for the low-density development of properties in areas not adjacent to entryway corridors for the town. Individual mobile homes will be allowed provided all prevailing requirements of this chapter and associated County Health Department regulations are complied with.

(B) Land use compatibility. The character of this District provides for low-density development without provisions of water and sewer service generally limited to the extraterritorial planning jurisdiction. Wherever possible, this Districts should coincide with those land classifications of Arural@ and Acommunity@ as set forth in the most current town land use plan under the provisions of the Coastal Area Management Act.

(C) Permitted uses.


(2) Single-family residence including mobile homes on individual lots.

(3) Agricultural uses inclusive of tree farming and row crops.

(4) Horticultural uses inclusive of retail sales of products on the property where produced (such as greenhouses/nurseries).


(6) Class A and B Mobile Homes on individual lots which meet applicable standards.


(D) Conditional uses. '' 153.220 through 153.223 and the Use Tables which follow describe uses which might be allowed in each district, subject to certain conditions. For this district, those uses are:


(2) Churches.




(6) Home based businesses, ' 153.148.

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(7) Corresponding revision in eh zoning district schedule appendix A.

(E) Dimensional and structural requirements. Same as for R20 Single-Family Residential District in ' 153.077(E).

(F) Supplementary regulations. The following represent special considerations guiding the development of land use permitted within this District.




(4) Mobile homes. The required standards for individual mobile homes to be placed in this District are provided in ' 153.095.


(6) Accessory structures. Erection of animal shelters, animal cages, or animal pens in front yards or side yards is not permitted.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. passed 6-14-04; Am. Ord. 2012-04, passed 2-11-13) Penalty, see ' 153.999

' 153.078 R15 SINGLE-FAMILY RESIDENTIAL DISTRICT (MEDIUM DENSITY).

(A) This District provides for the orderly and rational growth of a single-family residence at a medium density. The regulations surrounding this District provide for the discouragement of any use which would be detrimental to the nature of a residential district with regard to noise, smell, or conflicting activities.

(B) Land use compatibility. The character of this District, providing for medium-density development with/without provision of water and sewer service, is in general compatibility with Acommunity,@ Adeveloped,@ and Atransition@ classes of land as provided for in the most current town land use plan under the provisions of the Coastal Area Management Act. Wherever possible, the District should coincide with those land classifications.

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(C) Permitted uses.





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(2) Churches.




(6) Professional offices/agencies including, but not limited to, chiropractic, osteopathic, dental, psychiatric, medical, and the like.



Lot area................................................................................15,000 square feetLot width at front setback line.................................................................90 feetLot depth...............................................................................................150 feetSide yard setback (each side)..................................................................15 feetSide yard setback (abutting street).........................................................20 feetFront yard setback..................................................................................30 feetRear yard setback...................................................................................25 feet


Maximum residential coverage area (30%)(inclusive of carport, accessory buildings,or any other impermeable surface)........................................4,500 square feet

(3) Height.

Maximum height of structures.................................................................35 feet



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(5) Accessory structures. Erection of animal shelters, animal cages, or animal pens in front yards or side yards is not permitted.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. passed 9-13-04) Penalty, see ' 153.999

' 153.079 R10 SINGLE-FAMILY RESIDENTIAL DISTRICT (MEDIUM DENSITY WITHDUPLEX UNITS).

(A) This District provides for the availability of residential use at a denser level by allowing for conventional single and double (duplex) dwelling units. The regulations provide for efficient and orderly development for residents desiring small residences at a moderate density level. The regulations are developed in a manner to discourage any use which would interfere or detract from the residential nature of the District. This District will only be applied in areas with community water and sewer service.

(B) Land use compatibility. The character of this District=s designation is generally compatible with the Adeveloped@ classification as set forth in the most current town land use plan under the provisions of the Coastal Area Management Act. Wherever possible, the delineation of this District should coincide with that classification.

(C) Permitted uses.

(1) Low intensity public and private recreational uses or facilities of a noncommercial nature inclusive of a boat access, open space park, playground, ball fields, bikeway, hiking trails, and greenways.


(3) Two-unit dwellings.


(5) Kindergartens and/or day nurseries with the following restrictions:

(a) Minimum of 200 square feet of play area for each child based on

capacity.

(b) Fence of four feet in height enclosing play area.

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(c) Parking spaces equalling one per three children.

(6) Family care homes as defined ' 153.025 of this chapter.


(1) Churches.




(5) Rooming houses/tourist home/bed & breakfast.



Lot area (one-unit dwelling)..................................................10,000 square feetLot area (two-unit dwelling)..................................................16,000 square feetLot width at front setback line.................................................................75 feetLot depth...............................................................................................150 feetSide yard setback (each side). Fiveadditional feet to each side yardshall be added for each full story ofstructural height over one story..............................................................15 feetSide yard setback (abutting street).........................................................20 feetFront yard setback..................................................................................30 feetRear yard setback...................................................................................20 feet


Maximum residential coverage area (40%)(inclusive of carport, accessory buildings,and any other impermeable surface).....................................4,000 square feet

(3) Height.







(4) Accessory buildings. Permitted accessory buildings require a minimum five foot back yard setback and five side yard setback.

(5) Accessory structures. Erection of animal shelters, animals cages, or animal pens in front yards or side yards is not permitted.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96) Penalty, see ' 153.999

' 153.080 R7 MULTI-FAMILY RESIDENTIAL DISTRICT (HIGH DENSITY).

(A) This District provides an area for the highest density of residential development on a single-, double- (duplex), or multi-family basis without provision for mobile home units. It provides the most intensive use of land that is served by a community water and sewer service. The regulations are developed in such a manner that a mix of conventional housing can be developed without interference from nonresidential uses.

(B) Land use compatibility. The character of this District=s designation is generally compatible with the Adeveloped@ classification as set forth in the most current town land use plan under the provisions of the Coastal Area Management Act. Wherever possible, the delineation of this District should coincide with that classification.

(C) Permitted uses.

(1) Low intensity public and private recreational uses or facilities of a noncommercial nature inclusive of a boat access, open space park, playground, ball fields, bikeway, hiking trails, and greenways.




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(5) Kindergartens and/or day nurseries with the following restrictions:

(a) Minimum 200 square feet play area for each child based on capacity.

(b) Fence of four feet in height enclosing play area.

(c) Parking space equaling one per three children.

(6) Multi-family residences.

(7) Family care homes as defined in ' 153.025 of this chapter.

(8) Bed and breakfast inn.


(1) Churches.


(3) Library.



(6) Apparel sales.



Lot area (one-unit dwelling)....................................................7,000 square feetLot area (two-unit dwelling)..................................................12,000 square feetLot area (each additional unit)................................................4,000 square feetLot width at front setback line.................................................................60 feetLot depth...............................................................................................125 feetSide yard setback (each side). Fiveadditional feet to each side yardshall be added for each full storyof structural height over one story..........................................................10 feetSide yard setback (abutting street).........................................................15 feet

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Front yard setback..................................................................................20 feetRear yard setback...................................................................................20 feet


Maximum residential coverage area (40%). Inclusive of carport, accessory buildings, and any other impermeable surface.......................................2,800 square feet

(3) Height.


(F) Supplemental regulations. The following represent special considerations guiding the development of land permitted within this District.




(4) Multi-family. All regulations pertaining to multi-family residential units are provided in ' 153.131.

(5) Accessory buildings. Permitted accessory buildings require a minimum of five foot back yard setback and five foot side yard setback.

(6) Accessory structures. Erection of animal shelters, animal cages, or animal pens in front yards or side yards is not permitted.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. 05-04, passed 3-14-05) Penalty, see ' 153.999

' 153.081 R7A MULTI-FAMILY RESIDENTIAL DISTRICT (MIXED HIGH DENSITY).

(A) This District provides an area for the highest density of residential development on a single-, double- (duplex), or multi-family basis for both conventional housing and mobile homes. It provides for the most intensive use of land that is served by community water and sewer service. The regulations are developed in such a manner that a mix of housing types can be developed without interference from nonresidential types.

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Zoning Code 74A

(B) Land use compatibility. The character of this District=s designation is generally compatible with the Adeveloped@ classification as set forth in the town land use plan under the provisions of the Coastal Area Management Act. Wherever possible, the delineation of this District should coincide with such classification.

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Zoning Code 75

(C) Permitted uses.

(1) Residential accessory (such as private garage, workshop).

(2) Single-family residences including mobile homes on individual lots.


(4) Multi-family dwellings.

(5) Class A mobile homes on individual lots.

(6) Mobile home parks (subject to the provisions of ' 153.097).

(7) Family care homes, in compliance with G.S. ' 168-22.


(1) Rooming house/tourist home/bed and breakfast inn.


(3) Churches.


(5) Public or private recreation facilities such as outdoor parks and playgrounds.





Lot area (one-unit dwelling)....................................................7,000 square feetLot area (two-unit dwelling)..................................................12,000 square feetLot area (each additional unit)................................................4,000 square feetLot width at front setback line.................................................................60 feetLot depth...............................................................................................125 feet


Side yard setback (each side). Fiveadditional feet to each side yardshall be added for each full story ofstructural height over one story..............................................................10 feetSide yard setback (abutting street).........................................................15 feetFront yard setback..................................................................................20 feetRear yard setback...................................................................................20 feet


Maximum residential coverage area (40%). (Inclusive of carport, accessory buildings, and any other impermeable surface).....................................2,800 square feet

(3) Height.

Maximum height of structures.................................................................35 feetMaximum height of auxiliary householdequipment...............................................................................................55 feet

(F) Supplementary regulations. The following represent special considerations guiding the development of land permitted within this District.




(4) Multi-family. All regulations pertaining to multi-family residential units are previously outlined are provided in ' 153.131.

(5) Individual mobile homes. The required standards for individual mobile homes and mobile home parks are provided in ' 153.095.

(6) Accessory buildings. Permitted accessory buildings require a minimum five foot back yardsetback and five foot yard setback.

(7) Accessory structures. Erection of animal shelters, animal cages, or animal pens in frontyards or side yards is not permitted.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96) Penalty, see ' 153.999

Zoning Code 77

' 153.082 OI OFFICE AND INSTITUTIONAL DISTRICT.

(A) This District is developed to provide space for institutions (public or private), office uses, andcertain commercial uses which have limited or specialized contact with the general public. This is notinclusive merchandising establishments (retail or wholesale). Due to the complementary nature of these uses and the regulations governing their development, residential uses are also permitted within the District.

(B) Land use compatibility. The character of this District=s designation is generally compatible with the Adeveloped@ classification as set forth in the town land use plan under the provisions of the Coastal Area Management Act. Wherever possible, the delineation of this District should coincide with that classification.

(C) Permitted uses.

(1) Single family residential uses.

(2) Bed and breakfast inn.

(3) Business services.

(a) Advertising.

(b) Brokerage.

(c) Financial establishments (such as banks and savings and loans).

(d) Insurance.

(e) Real estate.

(f) Stenographic, telephone answering.

(g) Studios (such as artists, sculptors, or photographers).

(3) Public service.

(a) Charitable institutions.

(b) Chiropractic, osteopathic.

(c) Churches and parsonages.

(d) Community centers, civic clubs, fraternal organizations.


(e) Convalescent or rest homes.

(f) Funeral home, mortuary.

(g) Governmental offices (not involving outside storage of material and/or equipment).

(h) Hospitals.

(i) Libraries.

(j) Medical and dental clinics.

(k) Medical and dental services (individual basis) *Does not include veterinarian services.

(l) Museums and art galleries.

(m)Nursing homes.

(n) Public and private schools.

(o) Recreational uses (parks, playgrounds, open space, low-density recreational usage).

(p) Sanitariums.

(D) Conditional uses. '' 153.220 through 153.223 and the Use Tables which follow describe uses which might be allowed in each district, subject to certain conditions. For this district, those uses are:


(2) Churches.


(4) Other professional offices or agencies, not named above.


(6) Veterinary medicine clinic/animal hospital.

(7) Barber and beauty shops.


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Zoning Code 79


Lot area (one-unit dwelling)....................................................7,000 square feetLot area (two-unit dwelling)..................................................12,000 square feetLot area (each additional unit)................................................2,500 square feetLot width at front setback line.................................................................60 feetLot depth...............................................................................................125 feetSide yard setback (each side). Fiveadditional feet to each side yardshall be added for each full story ofstructural height over one story..............................................................10 feetSide yard setback (abutting street).........................................................15 feetFront yard................................................................................................20 feetBack yard................................................................................................20 feet


Maximum residential coverage area (40%)(inclusive of carport, accessory buildings,and any other impermeable surface).....................................2,800 square feet

(3) Height.

Maximum height of structures.................................................................35 feetMaximum height of auxiliary needs/requirements..................................55 feet

(F) (1) Accessory regulations. The following represent special considerations guiding the development of land permitted within this District.

(2) Off-street parking. The required off-street parking allowances are provided in '' 153.125 through 153.134.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. 04-02, passed 11-8-04; Am. Ord. 11-01, passed 2-14-10) Penalty, see ' 153.999

' 153.083 C1 CENTRAL BUSINESS DISTRICT.

(A) This District provides for the retention of a downtown business core catering to walk-in traffic on a concentrated basis and activities to promote and support waterfront tourism. The regulations governing this District provide a norm through which businesses are encouraged to maintain some continuity as a retail shopping place for local and nearby residents.

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(C) Permitted uses.

(1) Retail sales (small merchandise).

(a) Art galleries and working studios (not including residence).

(b) Cameras.

(c) Candy.

(d) Clothing.

(e) Drugs.

(f) Flowers.

(g) Gifts.

(h) Hardware and hardware sales.

(i) Hobby and craft goods.

(j) Jewelry.

(k) Leather goods.

(l) Magazines and books.

(m)Musical instruments.

(n) Shoes.

(o) Sporting goods.

(p) Toys.

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Zoning Code 80A

(2) Retail sales (large merchandise).

(a) Antiques.

(b) Bicycles.

(c) Electrical supplies and fixtures.

(d) Furniture.

(e) Groceries.

(f) Plumbing supplies and fixtures.

(g) Radio and television.

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Zoning Code 81

(3) Office and institutional services.

(a) Business.

(b) Financial establishments.

(c) Governmental offices.

(d) Medical supplies and services.

(e) Professional offices and agencies.

(f) Insurance offices and agencies.

(g) Real estate offices and agencies.

(4) Personal and individual services.

(a) Bakery.

(b) Barber and beauty shops.

(c) Cafeterias.

(d) Hotels, motels, and tourist homes.

(e) Laundromats.

(f) Parking lots.

(g) Commercial printing.

(h) Restaurants.

(i) Shoe repair.

(j) Taxi stands.

(k) Theatres.

(l) Upholstery and refinishing.


(5) Single Family Residential uses are permitted in this district on the second floor and above (using Water Street as the first floor level), provided that the entire first floor is used for permitted, commercial service, or office use. See ' 153.083(F)(3) for regulations concerning residential use in this district.

(D) Conditional uses.

(1) '' 153.220 through 153.223 and the Use Tables which follow describe uses which might be allowed in each district, subject to certain conditions. For this district, those uses are:

(a) Dry cleaning/laundry.

(b) Firearms dealer.

(c) Fish and seafood markets.

(d) Fraternal lodge/hall.

(e) Indoor recreational facilities, public or commercial.

(f) Outdoor recreational uses.

(g) Psychiatric and mental health services.

(h) Public utility facilities.

(i) Sports bar.

(2) Street vendors of small retail items using carts or mobile kiosks may be allowed as a conditional use on public property between the hours of 8:00 a.m. and 6:00 p.m. These activities willbe limited to the sale of food and beverages, newspapers and magazines. This activity will require a special license by the town and a photograph or artistic rendering of the proposed cart/kiosk must be approved by the Board of Adjustment for visual appropriateness. The town may waive this requirementduring special events.


(1) Rear yard. Rear yard space is required only in cases where the rear of the plot abuts a residential use. In those cases, a rear yard space of 20 feet will be required.

(2) Buffer. A buffer strip consisting of a fence or vegetation equalling six feet in height shall be required adjacent to any adjoining residential use.

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Zoning Code 83

(F) Supplementary regulations. The following represent special considerations guiding the development of land use permitted within this District.

(1) Off-street parking. The required off-street parking allowances are provided in '' 153.125 through 153.134. (Note: Any residential building converted to commercial, office, or other nonresidential use after the effective date of this chapter shall comply with the applicable parking requirements).

(2) Multi-Family Residential uses and First-floor Residential uses. Allowed in Riverfront Development Overlay. See ' 153.083(F)(3) and ' 153.084 for approval process and additional regulations.

(3) Regulations for Residential Use in CI District. The following are specific guidelines related to residential use in the Central Business (CI) District. All residential development in this district must comply with the following guidelines.

(a) Primary access for all residential uses in the CI District is required to be located to the rear of the building (alley-access) or on a side street. If secondary access is provided to Water Street the access must be no wider than five feet.

(b) Screening (with an opaque buffer) of all outdoor storage (i.e. trash cans), with the storage area not to exceed 36 square feet (6 x 6). The screening may be no taller than six feet. No outdoor grills, child playground equipment or the like will be allowed to be unscreened unless in use.

(c) No outdoor kennels for dogs or other animals will be allowed.

(d) Single-story and first-floor residences (using Water Street as the first floor level).

1. Residential uses are prohibited in the basement level (only accessible by the alley north of Water Street) of buildings located on the river-side of Water Street.

2. All single-story and first-floor residences must be a minimum of 1,000 gross square feet in size, and must not consist of more than 50% of the total square footage of the first floor of the building.

3. The primary access for any single-story and first-floor residence shall not be on the Water Street side of the building. If a secondary access is provided to Water Street, the access must be no wider than five feet, with the net square footage of the access hall counting towards the square footage of the residential space.

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4. The Water Street frontage (front 50%) of buildings with approved first-floor residences must be occupied by a non-residential use permitted in the underlying district both prior to and at all times during the permitted residential use being occupied.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. passed 10-9-09; Am. Ord. 2015-09, passed 6-8-15; Am. Ord. 2015-10, passed 6-8-15; Am. Ord. 2016-01, passed 4-11-16) Penalty, see ' 153.999

' 153.084 RDO RIVERFRONT DEVELOPMENT OVERLAY DISTRICT.

(A) The Riverfront Development Overlay District is a zone which overlays all land lying between the Roanoke River and Main Street, roughly from Plywood Road on the east side to Martin County line on the west side of the town. It is created to encourage responsible public and private investment along the Roanoke River. The intent is to allow flexible but appropriate development and redevelopment which will support tourism, enhance property values, encourage public interaction with the estuarine environment and simulate the local economy by capitalizing on the town=s most significant natural resource.

(1) The Coastal Area Management Act (CAMA) designates all navigable waters to be Public Trust areas and all land within 75 feet of the normal high water mark as estuarine shorelines. Any development which is to occur in these areas would be subject to CAMA review and approval and must meet standards enforced by the state.

(2) Development allowed in this overlay is subject to site plan review by the Planning Board to determine appropriateness of scale, appearance, and economic impact.

(B) Land use compatibility. The character of this District=s designation is compatible with the Adeveloped@ classification of the town=s most current LAMA Land Use Plan.

(C) Uses. The following uses will be reviewed as Special Uses under this overlay:

(1) Two-unit and multi-unit residences. All two-unit and multi-unit (three or more individual units) residences will be reviewed, provided they are located in the following underlying districts: Central Business (C1) District, Office and Institutional (OI) District, R10 and R7 Districts. See Regulations for Residential Use in C1 in ' 153.083(F)(3).

(2) Hotels, motels, tourist homes or other short-term overnight accommodations, provided they are located in the following underlying districts: Central Business (C1) District, Office and Institutional (OI) District, R10 and R7 Districts.

(3) First-floor residences in C1 District (as determined by Water Street frontage). See ' 153.083(F)(3) for additional regulations.

(4) All permitted and conditional uses in the Conservation (C) District.

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Zoning Code 85

(5) All permitted and conditional uses in the Industrial (IL and IH) Districts.

(D) District guidelines.

(1) The use must be generally compatible with existing permitted uses. Mixed uses may occur only where there are no inherent conflicts between proposed and permitted uses.

(2) Uses reliant on large volume vehicular traffic will not be considered.

(3) Restaurants with drive-thru windows will not be allowed within this district.

(4) Adequate off-street parking must be demonstrated for all proposals.

(5) Noise, odor, smoke, and vibration levels must be unobtrusive to normally permitted uses.

(6) Health and safety risks to the surrounding area must be low or the developer must demonstrate how these risks will be managed or mitigated.

(7) Waste products or by-products must be properly stored and removed from the area in a timely manner.

(8) Storage areas must be screened by a contiguous visual buffer adequate to completely shield waste from the public view.

(9) The public=s free access to enjoyment of the waters of the Roanoke River will be a priority. Projects such as public piers, boardwalks, docks, bulkheads, boat ramps, parks, and the like which accommodate, promote, or sponsor such activities will be given priority.

(10) Projects providing overnight accommodations for tourists will be considered as long as the Asmall town,@ historic character of the waterfront district is respected and local infrastructure has adequate capacity to serve.

(11) Condominium development will be considered if adequate character, open space, circulation, parking, drainage, and public services can be demonstrated.

(12) Normal lot and dimensional requirements of the underlying district will apply unless separate application is made for a variance and such variance is granted by the Board of Adjustment.

(13) To the extent reasonably practicable, all waterfront development projects should be designed in such a way as to respect and accommodate the waterview vistas of adjoining properties.

(14) This section (14) shall not apply for property in this area acquired or to be acquired by contract by the Town of Plymouth.

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(E) Review and approval process.

(1) A complete zoning application along with seven copies of the proposed site plan must be submitted to the Zoning Administrator not less than 14 working days prior to the Planning Board meeting at which the proposal will be reviewed.

(2) The Zoning Administrator will specify what materials need to be in the zoning application package, and the Planning Board or Board of Adjustment may request additional information as needed.

(3) Incomplete applications will not be processed for review.

(4) The Planning Board will review each proposal and send their recommendation to the Board of Adjustment for final approval at a regularly-scheduled meeting. The approval will be for a special use permit, and either the Planning Board or Board of Adjustment may place specific conditions on an application.(Ord. passed 10-21-96; Am. Ord. passed 10-9-08; Am. Ord. 2016-02, passed 4-11-16)

' 153.085 C2 NEIGHBORHOOD BUSINESS DISTRICT.

(A) This District provides a rational development pattern for single, unattached uses along the major highway corridors serving Plymouth. It is essential that such development takes place in a manner to serve the business needs of the community but protect the safety and liability of those areas served directly or indirectly by highways.

(B) Land use compatibility. The character of this District=s designation is generally compatible with the Adeveloped@ classification as set forth in the town land use plan under the provisions of the Coastal Area Management Act. Wherever possible, the delineation of this District should coincide with those classifications.

(C) Permitted uses. The uses in this District shall be limited to the following.

(1) Agricultural supply sales.

(2) Alcoholic beverages control stores **These are exempt from local regulation.

(3) Apparel sales.

(4) Automobile parts sales.

(5) Automobile repair services.

(6) Automobile sales and service (new and used).

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Zoning Code 87

(7) Barber and beauty shops.

(8) Blueprinting services.

(9) Building supplies sales.

(10) Cabineting and woodworking shops.

(11) Chiropractic and osteopathic offices.

(12) Contractors (general construction, plumbing and heating, electrical).

(13) Farm machinery sales and repairs.

(14) Financial establishments (banks, saving and loans).

(15) Fish and seafood retail sales.

(16) Florists.

(17) Fraternal lodges and/or halls.

(18) Funeral homes.

(19) Furniture sales.

(20) Groceries stores.

(21) Hardware sales.

(22) Home appliances sales and services.

(23) Laundromats and dry cleaners.

(24) Medical supplies and services.

(25) Mobile home sales.

(26) Motels.

(27) Motorcycles, motorbike sales.

(28) Nurseries (horticultural).

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(29) Nursing home, rest home and sanitarium.

(30) Offices of a governmental, professional and personal services.

(31) Paint sales.

(32) Parking facilities (commercial).

(33) Pet shops.

(34) Pharmacies.

(35) Restaurants inclusive of fine dining, fast food, taverns, grills, or snack bars.

(36) Shoe repair and sales.

(37) Terminals (bus, taxi, rail, car/truck rental, and commercial trucking).

(38) Tire sales and services.

(39) Upholstering services.

(40) Insurance sales and real estate sales, and corresponding revision in the zoning district schedule appendix A.


(1) Shopping centers, subject to site plan review in ' 153.223.

(2) Adult business uses, subject to the provisions in '' 153.220 through 153.223.

(3) Commercial recreational facilitates.

(4) Firearms dealer.

(5) Indoor recreational facilities.

(6) Kennels/pet boarding.

(7) Micro winery or boutique winery.

(8) Outdoor parks and playgrounds.

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Zoning Code 89

(9) Pool halls/billiard parlors.

(10) Psychiatric and mental health services.


(12) Public utility facilitates.

(13) Sports bar.

(14) Veterinary medicine, animal hospital.

(15) Tavern/nightclub.

(16) Service stations/gas stations and corresponding revision in the zoning district schedule appendix A.



Lot area................................................................................15,000 square feetLot width at front setback line...............................................................100 feetSide yard setback (each side)..................................................................25 feetWidth of driveway....................................................................................30 feetFront yard setback (Note: Noparking signs, gasoline pumps,or other structures shall be permitted within 30 feet of the front property line) ...........................................................................50 feetRear yard.................................................................................................25 feet

* Where abutting residential property or designated residential district, a buffer strip or fence no less than six feet in height will be provided.

(F) Supplementary regulations. The following represent special considerations guiding the development of land permitted within this District.



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(3) Curb-cut provisions. Those regulations dealing with curb cuts are provided in ' 153.132.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. 01-03, passed 3-12-01; Am. Ord. 09-07, passed 6-8-09; Am. Ord. 09-09, passed 6-8-09; Am. Ord. 2015-02, passed 3-9-15; Am. Ord. 2015-09, passed 6-8-15; Am. Ord. 2015-10, passed 6-8-15; Am. Ord. 2015-11, passed 6-8-15; Am. Ord. 2016-04, passed 4-11-16) Penalty, see ' 153.999

' 153.086 IL LIGHT INDUSTRIAL DISTRICT.

(A) This District provides space for industries and wholesaling and warehouse facilities that operate in a clean, quiet manner that do not place extreme demands on the sewer and/or water system. All uses permitted under this jurisdiction must be determined to be inoffensive to nearby residential areas.

(B) Land use compatibility. The character of the District=s designation is generally compatible with the Adeveloped@ classification as set forth in the town land use plan under the provisions of the Coastal Area Management Act. Wherever possible, the delineation of this District should coincide with that classification.

(C) Permitted uses. The uses in this District shall be limited to the following.

(1) Assembly and processing of farm and food products, including meat, fish, poultry, vinegar, and yeast.

(2) Automobile sales and service (new and used).

(3) Bag manufacturers (inclusive of other paper containers).

(4) Bakery products.

(5) Boat manufacturers.

(6) Bottling works.

(7) Building materials, storage, and sales.

(8) Cabinetmaking and woodworking shops (inclusive of furniture products).

(9) Circuses, carnivals, and fairs (temporary basis not to exceed 30 days).

(10) Churches.

(11) Cold storage plants.

(12) Commercial recreation facilities (including concession stands).

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Zoning Code 91

(13) Contractors= storage yards.

(14) Dairy products processing.

(15) Dry cleaning and laundry plants.

(16) Electrical and industrial equipment (inclusive manufacturers, assembly, repair, and servicing).

(17) Farm machinery (inclusive of assembly, repair, and sales).

(18) Garages/service stations/convenient stores.

(19) Grain elevators.

(20) Greenhouses and nurseries.

(21) Grounds and facilities for open-air games and sports.

(22) Ice plants.

(23) Industrial research and educational facilities.

(24) Jewelry and clock manufacturing.

(25) Kennels and pet boarding.

(26) Laboratories for research and testing.

(27) Leather goods manufacturers.

(28) Lumber yards.

(29) Machine shops.

(30) Musical instrument manufacturers.

(31) Off-street parking facilities.

(32) Optical and scientific instruments.

(33) Pharmaceutical products manufacturers.

(34) Printing, publishing, and reproduction establishments.

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(35) Repair and servicing of office and household equipment.

(36) Sheet metal shops and tinsmith shops.

(37) Veterinary medicine and animal hospitals.

(38) Shirt manufacturers.

(39) Sign manufacturers (inclusive of printing and maintenance).

(40) Stone cutting, monument manufacturers (including sales).

(41) Storage warehouse yards.

(42) Venetian blind manufacturers, contractors, and cleaning shops.

(43) Welding shops.

(44) Wholesale and jobbing establishments (including incidental retail outlets for only that merchandise handled at the wholesale establishment).


(1) Bulk fuel storage.

(2) Outdoor parks and playgrounds.


(4) Sanitary landfill.



Lot area................................................................................15,000 square feetLot width at front setback line. Noparking signs, storage, outdoormanufacturing, processing, or assemblingactivity, nor any structure housingaccessory uses shall be permittedwithin 30 feet of the front property.......................................................100 feet

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Zoning Code 92A

* Side yard setback (each side)...............................................................25 feetWidth of driveway....................................................................................30 feetRear yard setback...................................................................................25 feet

*Where a rear or side lot line abuts residential property, there shall be no parking in the rear or side yard unless a thickly planted buffer strip four feet in height, or other fencing device, is installed to prevent dust, fumes, noise, the glare of lights, or other nuisances associated with parking from interfering with the enjoyment of the adjacent property and affecting its value.

(F) Supplemental regulations. The following represent special considerations guiding the development of land permitted within this District.



(3) Curb-cut provisions. Those regulations dealing with curb cuts are provided in ' 153.132.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. passed 7-28-14; Am. Ord. 2015-04, passed 4-13-15; Am. Ord. 2015-12, passed 6-8-15) Penalty, see ' 153.999

' 153.087 IH HEAVY INDUSTRIAL DISTRICT.

(A) This District accommodates industries and other heavy commercial activities from which noise, odor, smoke, vibrations, and other nuisance factors can be anticipated. Related development problems such as high volume traffic flows must also be considered as factors in the placement of this District. The wise location of this District can lessen, if not completely eliminate, the detrimental effect of such operations. In addition, this District is intended to accommodate heavy water uses and waste producers, particularly those which produce waste that cannot be treated by the municipal system.


(C) Permitted uses.

(1) Uses permitted in an IL Light Industrial District.

(2) In addition, the following uses are permitted:

(a) Airports.

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(b) Bottled gas works.

(c) Bulk oil storage.

(d) Coal yards.

(e) Equipment manufacturers, repair, and servicing.

(f) Fertilizer plants.

(g) Foundries.

(h) Incinerators.

(i) Machine tool manufacturers.

(j) Manufacturing, processing, assembling, or fabricating operations.

(k) Meat packing, abattoir, stockyards.

(l) Railroad freight yards.

(m)Sanitary landfills.

(n) Sewage treatment plants.

(o) Textile manufacturers.

(p) Water treatment plants.

(D) Dimensional and structural requirements. The following will outline specifications under which structures will be permitted to be constructed.

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Zoning Code 93

(1) Setback. No building shall be less than 30 feet from any property line except that when the use abuts a residential district, the building setback line shall be 50 feet from the nearest residential property line. If the 30- or 50-foot setback is the front yard setback, it shall be used from property line to property line only for pathways, driveways, and landscaping.

(2) Buffer. Side and rear yard setbacks may be used for parking and storage provided that adjacent property zoned for residential uses is protected from the noise, dust, glare of lights, and other detrimental effects of the storage and/or parking area by a thickly planted buffer strip or fence of at least four feet in height.

(E) Supplemental regulations. The following represent special considerations guiding the development of land permitted within this District.



(3) Curb-cut provisions. Those regulations dealing with curb cuts are provided in ' 153.132.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96) Penalty, see ' 153.999

GENERAL PROVISIONS

' 153.094 DEVELOPMENT MORATORIUM.

(A) Purpose. In accordance with the provisions of G.S. ' 160A-381(e), and for the purposes more fully set out in that chapter, the Plymouth Town Council hereby enacts Moratorium Ordinance to halt the Compliance Permits, Conditional Use Permits, or Special Use Permits for residential development and use within the restricted area located within both the town=s Central Business District (CO and the Riverfront Development Overlay District (RDO). No permits, sketch plans, or any other related materials may be submitted or approved for a period of 180 days. This moratorium shall commence on Monday, April 9, 2007 and will expire, if not amended or extended by Town Council, on Saturday, October 6, 2007.

(B) Conditions requiring moratorium.

(1) Problems or conditions leading to decision to enact a moratorium, and alternative courses of action considered by the town.


(a) In the current Riverfront Development Overlay District, there could be potential inconsistencies present that might allow permitted uses according to the Overlay Ordinance based upon additional guidelines being met that might be contrary to Permitted and Conditional Uses in the underlying Cl District. This problem is evident by recent applications and development proposals that have gone before the Town Council.

(b) As an alternative to the moratorium, Council asked the Plymouth Planning Board in September of 2006 to assist in forming a Committee to discuss and recommend amendments to the Ordinance regarding the Riverfront Development Overlay District, but the Planning Board refused to form said Committee. Another alternative action considered was to rush amendments to both the Riverfront Development Overlay District and the Central Business District to address these inconsistencies, but such action was deemed inappropriate, because it would not allow for public input nor allow the Council enough time to properly consider amendments to the ordinances.

(2) Development approvals affected by this section; how the moratorium will address the problems leading to the imposition of the moratorium. The development approvals that would be subject to the Moratorium include all requests/applications for residential uses in the restricted area located in both C 1 and the RDO Districts. The moratorium will give staff and Council adequate time for evaluation of the existing ordinances, proposed amendments, as well as allow more time for public interaction and comment.

(3) Duration of moratorium.

(a) This moratorium would last for an initial period of 180 days, beginning on the date of enactment of this section and ending on October 6, 2007. Review fees shall not be collected by the Plymouth Planning & Community Development Department, and staff shall not provide comment on or evaluate for possible approval any subdivision plat or sketch plan submitted by a potential land developer during this period of moratoria for said residential uses in the area located in both C1 and RDO.

(b) The proposed duration will allow Town Council, Planning Board, and staff to:

1. Properly schedule meetings and consider comments from the public and the appropriate boards; and

2. Make appropriate recommendations and decisions within the timeframe of regularly scheduled meetings.

(4) Official goals of moratorium.

(a) Update sections of the zoning ordinance;

(b) Riverfront development overlay ordinance;

(c) Central business (C1) district ordinance;

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Zoning Code 94A

(d) Hold individual and/or joint meeting(s) with Planning Board and Town Council;

(e) Form working committee, consisting of members of Planning Board and Town Council, to propose amended language for the ordinances;

(f) Hold official public hearing for amending ordinances; and

(g) Adopt amended ordinances.

(5) Proposed timetable for completion of tasks.

(a) Day one:

Adopt moratorium (180 days).

(b) Month one through three:

Hold public individual and/or joint meetings of Planning Board and Town Council to discuss existing ordinances and possible amendments; form Committee to work on proposals for ordinance amendments.

Committee meets to form language for possible ordinance amendments - open to public; take public comment.

(c) Month four through five:

First reading and public comment on proposed amendments.

Committee and staff finalize language for proposed ordinance amendments.

(d) Month six:

Final reading and vote of ordinance amendments by Town Council.(Ord. passed 4-9-07)

' 153.095 MOBILE HOMES.

It shall be unlawful for any person to park or store a mobile home and/or place or maintain a mobile home used for living, sleeping, business, or utility purposes on any premises within the town and its extraterritorial limits other than as expressly permitted. All permitted mobile homes will be in conformance with the following requirements concerning placement:

2007 S-5


(A) Mobile homes shall only be placed in districts which permit these residences on a single basis or park basis.

(B) In districts in which individual mobile homes are allowed, there shall be only one unit per lot and the dimensional requirements of the applicable district shall be complied with.

(C) One travel trailer may be parked or stored in the rear yard of any lot provided that no living quarters shall be maintained nor any business conducted therein while the trailer is so parked or stored.

(D) Mobile homes or travel trailers may be parked in a sales lot for the expressed purpose of inspection or sale within a district in which such use is permitted provided that no living quarters shall be maintained in any of the trailers so parked.

(E) Travel trailers or mobile homes used for temporary field offices may be permitted by a special 30-day permit, obtainable from the Zoning Administrator, renewable for a 30-day period.

(F) Trailers used in connection with and by employees of circuses, fairs, and carnivals duly authorized by the town and complying with the requirements of this chapter may be permitted by obtaining a special 30-day permit issued by the Zoning Administrator. Such trailers, if located on the same lot as the circus, fair, or carnival, may be used temporarily for living quarters of the owners and/or employees of such circus, fair, or carnival. If the trailers are not located on the same lot, then the trailers must be located within an established trailer park.

(G) Any trailer used as temporary classrooms or offices to alleviate crowded conditions of schools or institutions is permissible provided that all requirements of the district are met. A standard zoning permit is required for such additions.

(H) The Zoning Administrator may issue a temporary permit to allow no more than two mobile homes, travel trailers, or similar mobile living quarters be domiciled on a lot during construction of any building or structure in excess of $300,000 in value, such permit being renewable under the conditions of ' 153.095(E).(Ord. passed 9-12-83; Am. Ord. passed 10-21-96) Penalty, see ' 153.999

' 153.096 MOBILE HOME PARKS.

It shall be unlawful for a person to park or store a mobile home or trailer within a mobile home park or subdivide property for the purpose of a mobile home park within the jurisdiction of this chapter in compliance with the town Subdivision chapter with the following exceptions:

(A) Minor facility improvements are being made which do not affect the total

number of mobile home sites.

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Zoning Code 94C

(B) Mobile home spaces are rental and are not being transferred to different ownership. (Ord. passed 9-12-83; Am. Ord. passed 10-21-96) Penalty, see ' 153.999

' 153.097 MOBILE HOME PARK DESIGN.

The following specifications will be applicable for the design and review of mobile home parksby the Zoning Administrator under the jurisdiction of this chapter.

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Zoning Code 95

(A) Size dimensions.

(1) Every mobile home park shall be located on a tract of land not less than three acres in size and shall contain at least five mobile home spaces as defined in subsection (2).

(2) Every mobile home space shall consist of a minimum of 3,200 square feet. Further, each mobile home space shall be clearly defined or delineated and shall have a minimum width of 40 feet.

(3) Only one mobile home may be parked on any designated mobile home space or per every 3,200 square feet.

(4) No mobile home space shall be located within 50 feet of a public street right-of-way.

(5) No mobile home stand shall be located less than 30 feet from any property or exterior park boundary.

(6) No mobile home shall be located less than 20 feet from another mobile home, a mobile home addition, or any other structure.

(B) Parking.

(1) Parking spaces shall provide a minimum area of ten feet by 20 feet for each automobile.

(2) Off-street parking space sufficient to accommodate at least two automobiles shall be constructed within each mobile home space.

(3) All parking spaces shall be paved or covered with crushed stone or other suitable material.

(C) Access.

(1) Each mobile home park not located adjacent to a public right-of-way shall have common driveways with an unobstructed right-of-way of at least 30 feet that directly abut all mobile home spaces.

(2) Minimum width of driveways shall be 18 feet.

(3) No on-street parking shall be permitted on driveways.

(4) On-street parking may be permitted when a minimum of 50-foot right-of-way and a minimum of 34 feet width of pavement is provided.

(5) No mobile home space shall be more than 500 feet measured along connecting driveway centerlines, from a public street.

(6) All mobile home park driveways shall connect with a public street or another driveway with a 30-foot (minimum) right-of-way and 18 feet pavement (minimum).


(7) No individual mobile home space shall have direct vehicular access to a state or federal primary street.

(8) Closed ends of dead-end streets shall be provided with an adequately-paved vehicular turning circle of at least 50 feet in diameter.

(9) When the mobile home park has more than one direct access to a public street, they shall not be less than 300 feet apart or less than 300 feet from a public street intersection (unless topographical or site conditions demand otherwise).

(D) Drainage.

(1) The mobile home park shall be located on ground not susceptible to flooding.

(2) Underground drainage facilities with connections to the storm drainage system shall be provided for the mobile home park (unless adjacent streets do not have storm drainage pipes).

(3) Each mobile home stand and the mobile home space shall be graded to provide adequate storm drainage away from the mobile home and such that there will exist no more than two feet difference between the chassis of the mobile home and the finished grade of the mobile home stand along the entire perimeter of the mobile home proper.

(4) An area to provide proper drainage ditches and a three to one back slope shall be provided along all public streets or private driveways constructed with 18 feet or more of paving width.

(E) Mobile home park signs.

(1) One or not more than two signs with a total area of not more than one-half square foot for each mobile home space and in no case larger than 50 square feet located on private property but no closer than five feet to any property line, shall be permitted.

(2) Only indirect non-flashing lighting may be used for illumination.

(3) All signs must be constructed in such a manner as to prevent a direct view of the light source from any public street right-of-way.

(F) Supplemental regulations.

(1) All mobile homes within the town shall be connected to the municipal water and sewer system.

(2) Mobile homes and mobile home parks located within the

extraterritorial area shall be connected to an approved water and sewer system as required and approved by the County Board of Health.

Zoning Code 97

(3) All mobile home parks with more than 12 residences shall provide adequate and suitable recreational areas and facilities to serve the needs of the residents of the park.

(4) Each refuse station shall be no less than one 30-gallon covered container with tight-fitting cover for every two residences.

(5) Accessory structures. Erection of animal shelters, animal cages, or animal pens in front yards or side yards are not permitted.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96) Penalty, see ' 153.999

' 153.098 MANUFACTURED STRUCTURES AS NON-RESIDENTIAL USES.

(A) Manufactured structures used for office, business or non-residential institutional purposes must meet the requirements of the State Building Code, since the HUD Code applies only to units designed for residential use. Manufactured structures, or Amodular units,@ are required to satisfy the same building code as site-built structures (evidenced by a sticker affixed at the factory in the case of modular units). In addition to the requirements of the State Building Code, manufactured structures must also meet the following guidelines:

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

(2) A continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, is installed under the perimeter of the manufactured structure;

(3) Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the structure shall be attached firmly to the primary structure and anchored securely to the ground; and

(4) The moving hitch, wheels and axles, and transporting lights have been removed.

(B) It is the intent of these criteria to insure that a manufactured structure, when installed, shall have substantially the appearance of an on-site, conveniently built structure.(Ord. passed 6-9-97)


SIGNS AND BILLBOARDS

' 153.105 PURPOSE.

The purpose of this section is to provide for safe, rational establishment of signs and outdoor advertisements within the jurisdiction of this chapter. No sign or outdoor advertisement (billboard) of any type shall be erected within the jurisdiction of this chapter without proper compliance with the terms set forth in this section. Any sign or billboard not covered by the terms of this section must be approved by the Planning Board and Town Council prior to its erection. (Note: Regardless of exemptions stated herein, all outdoor advertising signs on lots along U.S. Highway 64 are subject to the restrictions of the State of North Carolina Department of Transportation in addition to local requirements.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.106 APPLICATION.

(A) The owner of the property upon which any sign or billboard is to be placed is responsible to apply to the Zoning Administrator ensuring compliance with appropriate guidelines.

(B) A fee shall be paid to the town upon receipt of the application by the Zoning Administrator. A fee schedule appears in ' 153.167.

(C) The application shall include scaled site plans or drawings showing the exact location, dimensions, type of sign, and any distinguishing characteristics of the sign (such as type of lighting, height, and so forth).

(D) All off-premises sign permits are issued for a period of one year only and must be renewed annually. A fee schedule appears in ' 153.167.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.107 SIGNS EXEMPT FROM CHAPTER.

No sign will be permitted which reduces corner visibility or is erected within or projects into a public right-of-way. All signs are subject to ' 153.108(D). Permitted marquees, canopies, and awnings are not included under this provision. The following signs will be permitted within the jurisdiction and are exempt from the provisions of this chapter not stated in this section.

(A) Regulatory or advisory signs of a public nature, such as traffic or street signs, rest rooms, parking areas, freight entrances, and the like.

(B) *Warnings or legal notices of a temporary nature.

(C) Flags, emblems, or insignias not used as commercial advertising.

Zoning Code 99

(D) *Other temporary, noncommercial signs not to exceed two square feet in surface area and not to exceed 14 days during any quarter of the calendar year.

(E) Any plaque, tablet, or marker of a historical nature.

(F) Noncommercial signs posted for personal residence use in conjunction with mailbox, doorbell, and entrance or exit ways.

(G) Address signs not exceeding 72 square inches and showing only the numerical designation of the premises.

(H) Any sign required by law to be posted (temporary or permanent).

(I) Signs of professional use or home office space approved under the auspices of this chapter. (Note: This sign shall not be over two square feet in surface area, shall not be illuminated, and must be mounted to the main wall of the building.)

(J) Temporary real estate signs not to exceed six square feet in surface area. (Note: This sign must be displayed only on the property proposed for rent or sale and shall not be closer than five feet from any property line nor within any legal right-of-way).

(K) Signs for church, community, or community activities not to exceed 25 square feet in surface area. (Note: These signs must be on private property and not located within ten feet of any adjoining property line.)

(L) *Political campaign posters and signs not to exceed four square feet in surface area.

*For all temporary signs, it shall be the responsibility of the person erecting the sign to remove it within the time frame set forth. For all days exceeding the maximum allowed will be charged $1 per day by the Zoning Administrator or the sign will be removed by the Chief of Police. In the case of political campaign posters and signs, the candidate or political party named on the poster/sign will be held responsible for removal of the signs within 14 days after the election.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.108 GENERAL REQUIREMENTS.

(A) Size and number.

(1) Only one sign or billboard per building, establishment, or 150-foot frontage or 15,000 square foot area (whichever is applicable).

(2) Maximum size of any sign will be 250 square feet.


(B) Location.

(1) No signs or billboards shall be located on or attached to a rooftop or on any tower (such as a radio, home radio, or television tower, or the like).

(2) All signs associated with a permitted marquee will be attached flat with no extension vertically above or below the marquee.

(3) No nonexempt signs or billboards or any part thereof will be permitted within 50 feet of a residentially-zoned area (inclusive flashing, temporary signs).

(C) Safety.

(1) No sign or billboard which obstructs, confuses, or interferes with any authorized traffic or directional sign provided for the general public shall be allowed at any location.

(2) No lights which resemble in strength, color, or the action of any emergency light shall be permitted.

(3) No flashing lights connected with any sign shall be permitted within 300 feet of a residentially-zoned area.

(4) All lights connected with the illumination of a sign will be placed in such a manner as not to impair the vision of motorists.

(5) Floodlighting and display lighting (temporary or permanent) shall be shielded in such a manner as not to impair the vision of motorists and shall not be located within 50 feet of the highway right-of-way.

(D) Condition.

(1) Any sign or billboard allowed in the jurisdiction shall be kept in good repair with proper security.

(2) Signs which have been abandoned, are no longer functioning, or are in disrepair or unsafe condition, as determined by the Building Inspector, shall be removed or relocated by the owner or at the owner=s expense within 90 days of dysfunction or abandonment or 30 days within determination of disrepair or unsafe condition.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

Zoning Code 101

' 153.109 SIGNS IN RESIDENTIAL DISTRICTS.

No signs or billboards will be permitted within any residential district except as permitted by ' 153.107 of this chapter.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.110 SIGNS IN OFFICE AND INSTITUTIONAL DISTRICTS.

(A) Outdoor advertising signs and/or flashing signs or billboards (temporary or permanent) shall not be allowed within an OI Office and Institutional District.

(B) All signs associated with office and institutional uses shall not exceed four square feet.

(C) Clustered uses of three or more office and institutional uses shall be permitted with one sign not exceeding 25 square feet in total area (for the purpose of serving the office and institutional uses only).

(D) Freestanding, non-advertisement signs shall be limited to ten feet in height.

(E) All general requirements spelled out in ' 153.108 shall be enforced where applicable. (Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.111 SIGNS IN CENTRAL BUSINESS DISTRICTS.

(A) No freestanding signs shall be permitted.

(B) No outdoor advertising signs or billboards shall be permitted.

(C) No sign shall exceed 50 square feet or 10% of the square footage of the facade of the building, whichever is less.

(D) All signs permitted shall be mounted flat against the building with all attached letters and superscriptions applied thereon parallel with the building=s facade.

(E) Only the name of the establishment or the address shall be allowed on canopies in this district.

(F) No flashing or glittering materials are allowed in this district.

(G) No banner on pennant signs other than those promoting approved special events will be allowed.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)


' 153.112 SIGNS IN SHOPPING CENTER DISTRICTS.

All requirements for the Central Business District and all general requirements shall be enforced where applicable (' 153.111). (Note: A sign for the identification of a designated shopping center shall be allowed with ten square feet permitted per business, not exceeding 25 square feet for any one sign.)(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.113 SIGNS IN INDUSTRIAL DISTRICTS.

All general requirements spelled out in ' 153.111 shall be enforced where applicable. (Note: Outdoor advertising signs and freestanding signs shall be allowed with no freestanding sign or billboard exceeding 30 feet above ground level.)(Ord. passed 9-12-83) Penalty, see ' 153.999

PARKING AND LOADING REQUIREMENTS

' 153.125 PARKING REQUIREMENTS.

The provision of adequate off-street parking is a vital part of the functional design of any area. In addition, the aspect of safety for both pedestrians and motorists is a primary consideration in the application of this section. Specific requirements for the provision of off-street parking shall be provided under this section.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.126 APPLICATION.

(A) The requirements will be enforceable at the time of the erection of any building and/or at the time any principal building is enlarged or increased in capacity (through the addition of dwelling units, guest rooms, seats, or floor area).

(B) The requirements will be enforceable before the conversion from one type of use and/or occupancy to another use or occupancy.

(C) All parking spaces required by this section shall be a minimum of 200 square feet in area with a minimum width of ten feet.

(D) Parking spaces may be provided in a parking garage or a properly-graded open space.

Zoning Code 103

(E) No spaces which are rented or are located on a public right-of-way may be counted toward compliance with this section.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.127 SPECIAL REQUIREMENTS.

(A) Central business district. The requirements of this section are not applicable to a C1 Central Business District, provided there is adequate off-street or satellite parking available to accommodate all noncommercial uses.

(B) Residential districts. Where parking spaces for more than eight cars are required in a residential district, the following shall be complied with:

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

(2) All entrances, exits, barricades at sidewalks, and drainage plans shall be acceptable per the subdivision code of the town.

(3) A strip five feet wide shall be reserved as open space adjoining any street line or any lot zoned for residential use, and shall be guarded with wheel bumpers and planted in grass and/or shrubs. (Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.128 CERTIFICATION.

(A) Each application for a zoning permit for a commercial, industrial, institutional, or multi-family residential unit submitted to the Zoning Administrator shall identify the location and dimensions of off-street parking spaces.

(B) The location and design of such spaces will be reviewed to verify compliance with both number and size as called for by this section.(Ord. passed 9-I2-83; Am. Ord. passed 10-21-96)

' 153.129 COMBINATION OF REQUIRED PARKING SPACE.

(A) 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 as provided in division (B) below.


(B) One-half of the parking spaces 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 and on Sundays.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.130 REMOTE PARKING SPACE.

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

(B) Land described in division (A) above shall be used for no other purpose.

(C) When adequate provisions for parking space (meeting the requirements of this section) have been made for the principal use, the requirements of divisions (A) and (B) above shall be inapplicable. (Note: In such cases, the applicant shall apply for a certificate of compliance for the principal use.)

(D) In cases of new construction, an applicant shall submit (with his application for a building permit) an instrument, duly executed and acknowledged, which subjects the land to parking use in connection with the principal use for which it is made available. (Note: The applicant shall deposit the appropriate fee and upon the issuance of a zoning permit, the Zoning Administrator shall cause the instrument to be registered in the Office of the County Register of Deeds.)(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.131 PARKING SPACE REQUIREMENTS.

(A) Residential and related use requirements.

Land Use Required Parking

Duplex dwelling unit Two parking spaces per dwelling unit

Home occupation use Three parking spaces per unit(nonprofessional)

Home occupation use Three parking spaces per professional

(professional) Includes housed in unit and one space per other

doctors= and dentists= employee, plus applicable residential

offices requirement

Zoning Code 105

Motel/hotel (with rest- One parking space for each room to be

aurant or other group rented and one space per two employees

facilities) plus requirements shown for any associated use

Motel/hotel (without One parking space for each room to be

restaurant or other group rented and one additional space per

facilities or motor court two employees

Multi-family dwelling Two parking spaces per dwelling unitunit

Rooming, boarding house One parking space for each one room to

or bed and breakfast be rented, plus one space for each two employees,

plus two spaces where there are resident owners

or operators

Single-family dwelling Two parking spaces per dwelling unit

unit

(B) Public use requirements.


Auditorium One parking space for each four seats

of capacity of the largest meeting room

Churches One parking space for each four seatsin the sanctuary plus one space for

every200 square feet of space not used for

services

Clinic or doctors= or One space for every 150 square feet of

dentists= office gross floor area

Elementary school or Two spaces per classroom

junior high school

Hospital (public and Two parking spaces for each two beds intended for

semi-public) patient use, exclusive of bassinets or one space

per 150 square feet of gross floor area, whichever

is greater

Nursing home Three parking space for each five beds used

for patient use

Public building Two parking spaces for each employee


Public or private club One parking space per 300 square feet of gross floor space

Senior high school One parking space for each two students

administrative employees plus five spaces for

each classroom and one space per each ten

seats in the largest auditorium

Stadium, playfield, or One parking space for each fourorganized recreation area spectator seats

(C) Business uses requirements. Where specific business types are not listed, discretion by the Zoning Administrator shall be used to determine the closest applicable use.


Commercial or personal One space for each 200 square feetservice establishments of gross floor area

Drive-in restaurant One space per 100 square feet of gross

floor area plus one space for every four

outside seats provided plus a reserve traffic

lane with capacity for five vehicles per drive-in window

Kindergarten/child care/ One space for each employee, plus one

nursery space per 500 square feet of building,

plus four spaces for loading andunloading children

Office, professional One space per 200 square feet of gross

building or similar floor areause

Restaurant or place One space per 100 square feet of gross

dispensing food/drinks/ floor area plus one space for every four

refreshments (not drive-in) outside seats provided

Shopping center One space for every 200 square feet of

gross floor area

Zoning Code 107

(D) Wholesale uses and wholesale warehouse use requirements.


Wholesale use and whole- One parking space for each employee on

sale warehouse use the largest shift

(E) Industrial use requirements.


Industrial uses One space for each two employees on the

largest shift plus one space for each 400

square feet gross floor area used for office

or administrative purposes, plus one space

for each vehicle used directly in the conduct

of the business(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.132 MULTI-FAMILY HOUSING.

For the purpose of providing a harmonious blend between the intensive use of multi-family housing and other land uses, the following will apply for all structures which are occupied by three or more families.

(A) Application. A detailed site plan as provided for in the Subdivision Code shall be submitted for review to the Planning Board.

(B) Design.

(1) Parking. As provided for in '' 153.125 through 153.134.

(2) Buffer strip (screening). A buffer strip (fence or evergreen hedge) shall be provided along any property line abutting single-family residences and commercial and/or industrial uses. Such a buffer shall be at least four feet in height (projected for hedge) with no more than four feet between plantings or sections of fence.

(3) Yard space. No less than five feet of yard space shall be provided between the structure and any impermeable surface (such as parking spaces, sidewalks and the like).

(4) Recreational/open space. For any multi-family development which contains more than 20 units, common, open space equaling not less than 4,000 square feet shall be provided. All open space shall be grassed and landscaped.


(5) Building walls. Building walls having only window opening or only door opening shall be located no closer than 25 feet to another building. Building walls having both window and door openings shall be located no closer than 50 feet to another building.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.133 CURB CUTS.

The following requirements are applicable to all districts.

(A) Commercial and residential districts.

(1) No portion of any entrance driveway leading from a public street shall be closer than 20 feet to the corner of any intersection, measured along the right-of-way line from the intersection of therights-of-way of the two streets.

(2) The width of any driveway leading from a public street shall not exceed 30 feet at its intersection with the curb or street line.

(3) No two driveways on a single lot leading from a public street shall be within 20 feet of each other measured along the right-of-way between the approximate edges of such curb cuts.

(B) Industrial districts. Centerlines of driveways leading to and from the same establishments shall not be closer than 50 feet.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96) Penalty, see ' 153.999

' 153.134 OFF-STREET LOADING.

The number of off-street loading berths required by this section shall be considered as the absolute minimum, and the developer should evaluate his own needs to determine if they are greater than the minimum specified by this section. For purposes of this section, an off-street loading berth shall have minimum plan dimensions of 12 feet by 25 feet, and 14 feet clearance with adequate means for ingress and egress.

(A) For a nonresidential structure containing not more than 25,000 square feet of gross floor area, one berth shall be required.

(B) For a nonresidential structure containing 25,000 or more square feet of gross floor area, the number of berths specified in the table below shall be provided.

Zoning Code 109

Square Feet of Required NumberGross Floor Area of Berths

25,000 to 79,999 2 80,000 to 127,999 3128,000 to 191,999 4192,000 to 255,999 5256,000 to 319,999 6320,000 to 400,000 7Each 90,000 above 400,000 1

(Ord. passed 9-12-83; Am. Ord. passed 10-21-96) Penalty, see ' 153.999

HOME OCCUPATIONS

' 153.145 HOME OCCUPATIONS.

(A) A home occupation as defined in ' 153.025 is a permissible use and shall be governed by the following requirements and conditions:

(1) The occupation is clearly incidental to or secondary to the residential use of a dwelling unit and occupies not more than one-third of the total floor area of such single-family dwelling unit, and in no event contains more than 500 feet of floor area.

(2) Only one additional person other than those residing in the home shall be engaged in the occupation.

(3) The home shall continue to be used principally as a dwelling.

(4) The occupation shall not include the retail sale of products.

(5) Home occupations shall be permitted only in single-family dwellings.

(6) Full compliance with all state and local sanitary and health department rules and regulations, as written and hereafter amended.

(B) In connection with the operation of a home occupation, it shall not be permitted:

(1) To have exterior displays, signs, or a display of goods visible from outside.

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(2) To store materials or products outside of a principal or accessory building or other structure.

(3) To make external structural alterations which are not customary in residential buildings.

(4) To produce offensive noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, humidity, glare, or other objectionable effects.

(C) Home occupations may consist of personal services listed as follows:

(1) Accountant.

(2) Beauty shop.

(3) Drafting.

(4) Notary public.

(5) Addressing service.

(6) Barber shop.

(7) Insurance agent.

(8) Photographer.

(9) Typing service.

(10) Art teacher.

(11) Music teacher.

(12) Tax consultant.

(13) Catering.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. 11-03, passed 5-9-11) Penalty, see ' 153.999

' 153.146 SATELLITE RECEIVERS.

A satellite receiver as defined in ' 153.025 is permitted and shall be governed by the following requirements:

2012 S-8

Zoning Code 111

(A) A satellite receiver shall be permitted as an accessory use in all Residential and OI Office and Institutional Districts.

(B) It shall be prohibited to temporarily or permanently place a satellite receiver in the area between the building front setback line and the street in any Residential or OI Office and Institutional Districts.

(C) Satellite receivers will be permitted to encroach into the required rear and side yard setbacks of Residential or OI Office and Institutional Districts to a point no closer than five feet from a property or lot line.

(D) Satellite receivers will be limited to the maximum lot coverage requirements of the particular zone in which they are located.

(E) Satellite receivers will be permitted in all commercial and industrial districts and will be governed by the applicable regulations of these particular zones.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96) Penalty, see ' 153.999

' 153.147 TELECOMMUNICATIONS FACILITIES.

(A) Facilities allowed. Telecommunications facilities, including cellular antennae and wireless communications towers and facilities, are allowed, subject to the following conditions:

(1) Location. The proposed tower, antenna, and accessory structure and equipment shall be placed in a location and in a manner that will minimize the visual impact on the surrounding area. Any tower, antenna, or accessory structure shall be approved by the Town Council for compliance with these requirements. To ensure the safety of the public and other existing buildings, the telecommunications site shall be a minimum of 350 feet from residentially zoned property.

(2) Co-location. Approval for a proposed tower within a radius of 10,500 feet from an existing tower or other similar structure shall not be issued unless the applicant certifies that the existing tower or structure does not meet applicant=s structural specifications or technical design requirements, or that a co-location agreement could not be obtained at a reasonable market rate and in a timely manner.

(3) Height.

(a) Subject to division (A)(3)(b) of this section, the height of the tower shall not exceed 160 feet as measured from existing grade of the ground at its base to the highest point of the tower or antennae. Up to an additional 120 feet of height may be approved if the tower is designed to accommodate twice the applicant=s antennae requirements.

(b) Telecommunications antennae or equipment mounted on a building shall meet all height restrictions of the district within which the structure is located and not exceed the maximum requirements.

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(4) Setbacks. All free-standing transmission towers, including television, radio, cellular, or similar transmitting or receiving towers shall have front, side and rear setbacks of 100 feet and shall be located such that all supporting cables and anchors are contained within the property and all towers and supporting cables and anchors shall be contained within a fence. Any tower that is over 100 feet in height shall provide front, side and rear setbacks equal to the height of the proposed tower. All monopole structures may reduce the required setback factor by 25%.

(5) Existing towers. Existing towers may be replaced or modified providing that the existing height is not exceeded by more than 20 feet and the new or modified tower meets all of the requirements of this section except setback provisions.

(6) Replacement of towers. Those nonconforming towers that are erected and in use prior to May 14, 2012, can be replaced to their then current height if completely destroyed by natural causes and only if the applicant presents engineering data to the Town Council that the replacement tower poses no substantial threat to the surrounding property owners.

(7) Non-conforming towers. All non-conforming transmission towers existing as of the effective date of this section may be replaced if damaged by no more than 50%. Those towers that are located prior to May 14, 2012 can be replaced to their current height if completely destroyed by natural causes and only if the applicant presents engineering data to the Town Council that the replacement poses no threat to the surrounding property owners.

(8) Abandoned towers. Any tower, antenna, accessory structure, or equipment that is not used for communication purposes for more than 180 consecutive days shall be considered abandoned; and once considered abandoned, the tower and all structures, buildings, fences, cables, anchors and wiring shall be removed by the owner within 90 days.

(9) Removal of towers. Where removal of any tower, antenna, accessory structure, or equipment is planned or required herein, a performance bond in the amount of the anticipated removal costs of all such structures, buildings, fences, cables, anchors and wiring as determined by a North Carolina registered engineer is required.

(B) Telecommunication facility plans. No telecommunications facility shall be constructed or permitted without a set of facility plans bearing an engineer=s seal that has been filed with and approved by the Zoning Administrator and Building Inspector. Telecommunications facility plans shall contain the following:

(1) Fee. A fee determined by the town=s fee schedule.

(2) Narrative. A written narrative of the development plan.

(3) Development impact statement. The impact on the environment (trees, run-off, waste disposal, emissions, historic property impact, and impact on other properties).

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Zoning Code 112A

(4) Co-location on existing towers. Documentation that co-location on existing towers or structures within a radius of 10,500 feet was attempted by the applicant, but found unfeasible by the applicant with reasons noted.

(5) Co-location on proposed tower. A notarized affidavit that states the applicant=s willingness to allow co-location on the proposed tower, at a fair market price and in a timely manner, of any other service provided and licensed by the Federal Communications Commission (FCC).

(6) Site plan. A site plan is required. The Zoning Administrator shall uniformly determine the level of detail for the required site plans.

(7) Other permits. Copies of all county, state, and federal permits with the application building permit.

(8) Elevation drawings. Elevation drawings of all towers, antennae, and accessory structures and equipment, indicating height, design, and colors.

(9) Landscape plan. If visible from any public road, a landscape plan at a scale of one inch equals 40 feet shall indicate how the applicant proposes to screen any service structure, accessory structure, or equipment from view. Indigenous vegetation shall be used in all plantings. A permanent maintenance plan shall be provided for the plantings.

(10) FCC and FAA certifications. Certification that all antenna and equipment comply with FCC regulations for radio frequency radiation and all towers, antennae, and equipment meet Federal Aviation Administration (FAA) aviation and navigation requirements.

(11) NEPA compliance. A copy of approved National Environmental Policy Act of 1969 (NEPA) compliance report for all towers, antennae, accessory structures, or equipment proposed for the proposed site.

(12) Structural requirements. Documentation signed and sealed by a North Carolina registered engineer that indicates any proposed tower, structure, building, cables, anchors and wiring meets the structural and support requirements of the Standard Building Code and the co-location requirements of this section.

(13) Liability. The tower owner shall provide proof of liability insurance or financial ability to respond to claims up to $1,000,000 in the aggregate, which may arise from the erection and/or operation of the facility during its life at no cost to the Town of Plymouth, in a form approved by the Town Attorney. The proof of insurance shall be provided to the town before the tower is constructed and during each year of the tower=s existence, without regard to its actual operation. Copies of any policy cancellation, revision or renewal shall be provided to the town by the owner and or the insurer.

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(14) Other approvals, certifications, or recommendations. Appropriate approvals, certifications, or recommendations required to allow review of approval criteria such as sight line analysis, aerial photographs, or other such tests as determined by the Zoning Administrator.

(15) Conditional use. The allowance of telecommunication facilities shall be a conditional use and allowed in districts zoned light industry (IL) or Heavy Industry (IH) in the Town of Plymouth, NC.(Ord. 12-04, passed 5-14-12)

' 153.148 HOME BASED BUSINESS.

(A) A home based business as defined in ' 153.025 is allowed and shall be governed by the following requirements and conditions:

(1) The occupation is clearly incidental to or secondary to the primary residential use of the property. The home based business may be situated in a detached accessory structure; however, the accessory structure must comply with the terms of the North Carolina State Building Code and with all local zoning and building codes and state/county/local mandated health and safety regulations. Accessory structure may not be larger than the principle dwelling;

(2) Only two person other than those residing in the home shall be engaged in the occupation;

(3) The home shall continue to be used principally as a dwelling;

(4) The occupation which may include the sale of products directly associated with the allowed business activity, shall be conducted between the hours of 8:00 a.m. and 6:00 p.m.;

(5) Home based businesses must be located more than 500 feet from the nearest residential structure on any adjacent property; and

(6) Applicant must secure a conditional use permit from the Town of Plymouth Board of Adjustment.

(B) In connection with the operation of a home occupation, it shall not be permitted:

(1) To have exterior displays, or a display of products visible from or on the adjacent right-of-way;

(2) To store materials or products outside of a principal or accessory building or other structure that is not screened with either a landscaped, vegetative buffer or fencing; and

(3) To produce offensive noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, humidity, glare, or other objectionable effects.

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Zoning Code 112C

(C) Home based business may consist of services listed as follows:

(1) Screen printing;

(2) Wood working;

(3) Storage for contractor services;

(4) Appliance repair;

(5) Those activities listed as home occupations under ' 153.145; and

(6) Other home based businesses deemed comparable to those listed above by the Plymouth Board of Adjustment.(Ord. 2013-03, passed 2-11-13)

ADMINISTRATION AND ENFORCEMENT

' 153.160 ENFORCING OFFICER.

The Town Manager or his agent shall administer and enforce this chapter. This individual shall be designated AZoning Administrator@ by the Town Manager and shall accept the duties outlined in ' 153.161.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.161 DUTIES OF ZONING ADMINISTRATOR.

(A) The Zoning Administrator shall act under the provisions of Zoning Board of Adjustment law (G.S. ' 160A-388), which provides for the decisions of Aan administrative official charged with the enforcement of any ordinance adopted pursuant to this Part.@

(B) Pursuant to this and other authorities set out in state law, the Zoning Administrator will be responsible for the processing, review, and enforcement of all provisions adopted as part of this chapter. These activities will consist of, but not be limited to, the following:

(1) Receipt of applications for permits.

(2) Issuance or denial of permits.

(3) Documentation of reasons for denial of permits.

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(4) Issuance of certificates of occupancy or compliance.

(5) Posting and/or mailing of notices.

(6) Issuance of stop orders pursuant to violations.

(7) Revocation of permits.

(8) Issuance of certificates of occupancy for nonconforming uses.

(9) Receipt of notices of appeal.

(10) Maintain file of documentation of individual cases.

(11) Initiate all actions related to the above activities.

(12) Serve as staff to Planning Board and Zoning Board of Adjustment.

(13) Explain the chapter requirements to the public.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.162 ENFORCEMENT ACTIONS.

Upon the finding of any inappropriate or illegal activities on the part of any citizen which would violate the provisions of this chapter, the Zoning Administrator shall notify in writing the person responsible for such actions indicating the following:

(A) The nature of the violation.

(B) The action necessary to correct the violation.

(C) The date by which corrective action should be taken and completed.

(D) The action which will take place if such corrective action is not taken.

(E) When such action has not been taken or is deemed inadequate based upon division (B), an order for the discontinuance of the use or occupation of any land, building, or structure or any illegal additions, alterations, or structural changes thereto may be issued.

(F) Any other action authorized by this chapter to ensure compliance with, or to prevent violation of, any provisions of this chapter.

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Zoning Code 112E

(G) Such actions may be appealed as provided in ' 153.180. (Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.163 ZONING PERMIT REQUIRED.

No building or other structure shall be erected, moved, added to, or structurally altered until a AZoning Permit@ shall have been issued, except in conformity with the provisions of this chapter, except after written order from the Board of Adjustment. No building permit for the purpose of erection, extension, or alteration of any building shall be issued before an application has been made and a AZoning Permit@ issued.

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112F Plymouth - Land Usage

Zoning Code 113

(A) A Zoning Permit is also required in advance of:

(1) A change in use of any building, land, or renovation thereof; and

(2) Occupancy or use of a building hereafter erected, altered or moved.

(B) A Zoning Permit shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this chapter.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. passed 6-9-97) Penalty, see ' 153.999

' 153.164 COMPLIANCE PROCEDURES.

All applications for a Certificate of Zoning Compliance shall be accompanied with the following before acceptance.

(A) Plans showing the dimensions and shape of the parcel to be built upon.

(B) The exact size, uses, and location on the parcel of any existing building.

(C) The exact size, uses, and location on the parcel of any proposed building.

(D) The total number of dwellings, commercial uses, or industrial units if more than one is located on the parcel.

(E) Other information as may be necessary to determine conformance with and provide for the enforcement of this chapter. (Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.165 PROCESSING OF APPLICATION; PLANS AND FEES.

The following will be the minimum requirements set forth for processing and review of an application.

(A) (1) Two copies of the application shall be provided for the Zoning Administrator.

(2) One copy shall be returned to the applicant by the Zoning Administrator, either approved or disapproved and attested to name by this signature on such copy.

(3) One copy, either approved or disapproved, and attested to same by Zoning Administrator shall be retained on file by the town.

(B) A fee schedule appears in ' 153.167.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)


' 153.166 MISREPRESENTATIONS AND MISUNDERSTANDINGS.

Any misunderstanding or misrepresentation, either verbal or written in any form, such as a permit, conveyed by the town staff or anyone representing the town shall be ultimately resolved by this chapter. If further doubt is still present, the Board of Adjustment will resolve the issue. The appropriate inspector may revoke and require the return of any permit by notifying the permit holder in writing stating the reason for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable state or local laws; or for false statements or misrepresentations made in securing the permit. Any permit mistakenly issued in violated of an applicable state or local law may also be revoked.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.167 FEE SCHEDULE.

Planning, Zoning, and Land Use Regulation/Disturbance Fees

DESCRIPTION FEE

Zoning Compliance Certificate/Permit $50Sign Permit $25Driveway Permit Fee

Town streets only$25

Rezoning Request $200-$350 +$10/AC

Board of Adjustment CasesVarianceAppeals from Zoning Administrator Interpretation

of ordinance

$200$200

Conditional Use PermitsPlanned Unit DevelopmentsTown Home Type DevelopmentsMulti-use (non-residential) buildings

$250

Zoning Ordinance text amendment (only) $100Zoning Ordinance text and map amendment $100Annexation Petition (voluntary) $50Sketch Plan Review $100

Preliminary Plat (Subdivision) $200

2004 S-3Zoning Code 114A

DESCRIPTION FEE

Preliminary PlatMinor Alternations (Post Planning/Town BoardRecommendation/Consideration)

$200

Final Plats (Subdivision) $200Final Plats (Subdivision)

MinorAlternations$200$50

Site Plans, including, but not limited to:Non-residentialLandscape Plan Town Home Developments

Planned Unit DevelopmentApartments

$200

Site PlanMinor Alterations (Requested in writing by

owner/applicant)

$50

Landscape Plans(Submitted subsequent to initial/original plan)

$50

Landscape PlansMinor Alterations (Requested in writing by

owner/applicant)

$50

Erosion and Sedimentation Control Plan $200NOTES:

(1) Disturbed acreage is that area, which is to be cleared, graded, ditched, etc. in a manner where the actual soil is disturbed.

(2) A phase of development is defined as the area of a project which is graded in one continuous operation, under one contract, containing the improvements required for the approval of the same final plat or secured by the same financial guarantee. Plans submitted for a whole development but constructed in phases will require submission fees for each phase, payable in full with the original application. Changes in disturbed areas or increase by exceeding the limits of construction as noted on the approved plans will require a revised plan and additional fees.

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DESCRIPTION FEE

Copy charges for maps and drawings maintained by the Town:Zoning Map, ETJ, and Land Use

Color copies $25Copies of maps on file

Black and white copies $10Copy charges for ordinances:

ZoningSubdivision

$25$25

(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. 2002-06, passed 11-12-02)

BOARD OF ADJUSTMENT

' 153.175 CREATION OF BOARD.

There is created a Board of Adjustment, hereinafter referred to as the Board, consisting of five regular members and two alternates. Four of the regular members and one alternate shall be appointed by the Town Council. One regular member and one alternate shall be appointed by the Washington County Board of Commissioners. The members of the Board serving on the effective date of this chapter, under the zoning chapter prior hereto, shall be considered as the five members to be appointed by the Town Council, and each shall serve the balance of the term to which he has been appointed. Those members so appointed by the Board of Commissioners shall also extend their appointment through the remainder of their designated term. Such members shall serve until his successor is appointed and qualified.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96) Statutory reference:

Board of Adjustment, see G. S. ' 160A-388

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Zoning Code 115

' 153.176 APPOINTMENT OF MEMBERS.

(A) The appointment of members to the Board shall comply with the following procedures and the criteria set forth in ' 153.177.

(1) Municipal members. In January of each year, the Town Council shall review all appointments, making any necessary new appointment for a term beginning on January 13 of the year of the appointment.

(2) Extraterritorial members. The Town Council shall notify the County Board of Commissioners 90 days prior to January 13 of a new calendar year, stating the status of the designated extraterritorial members. Any new appointments shall be made by the County Board of Commissioners. Should the County Board of Commissioners fail to make the above appointments within the 90-day notification period, the Town Council may appoint such appropriate members.

(3) Duration of appointments. All appointments shall be for three-year terms unless otherwise designated. Any appointment made to fill an unexpired term shall extend to the original expiration date of such unexpired term. Members may serve no more than two consecutive terms.

(4) When in session the Board of Adjustments will maintain an accurate attendance record and insure that absence members names are included within the proceedings minutes. BOA will be allowed two absences during a 12 consecutive month period, upon a third absence this absence will be considered as a resignation from the BOA.

(5) When a vacancy occurs (excluding an ETJ member), the senior alternate will be considered for the vacancy by the Plymouth Town Council at the next scheduled council meeting, and may be appointed to fill the remainder of the term of the resigned member, or take any action the Town Council deems prudent.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Res. 11-05, passed 7-11-11)

' 153.177 QUALIFICATIONS OF MEMBERS.

The following represent the minimal requirements of appointed members to the Board.

(A) Municipal members. These members shall have a permanent residence within the corporate limits of the town and shall so reside during their term of appointment.

(B) Extraterritorial members. These members shall have permanent residence within the extraterritorial planning area of the town and shall so reside during

their term of appointment.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

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' 153.178 BOARD OF ADJUSTMENT MEETINGS.

The Board shall elect one of its members as Chairperson and shall elect such subordinate officers as authorized by the Town Council. The Board shall draw up, adopt, and adhere to rules of procedure under which it will operate. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the majority of the Board may determine. Such Chairperson or, in his absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. 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 such fact, and also keep records of its examination and any other official action.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.179 RESPONSIBILITIES OF THE BOARD OF ADJUSTMENT.

The responsibilities of the Board of Adjustment shall include the following actions:

(A) Exceptions. The Board shall pass on exceptions to the zoning code through the variance procedures outlined in ' 153.182.

(B) Map. The Board may interpret any conflicts or questions arising from the official zoning map.

(C) Boundaries. The Board may pass upon disputed questions of lot lines or zoning district boundaries.

(D) Interpretation of ordinance. The Board shall provide for the enforcement of this chapter and regulations prescribed in its adoption.

(E) Administrative questions. The Board shall pass on administrative questions and their modification based upon the enforcement of this chapter. In so doing, the Board may prescribe appropriate conditions and safeguards to protect the continuing application of this chapter.

(F) Filing fee. To hear and decide any appeal or review any order, requirement, decision or determination by the Zoning Administrator, a fee, as stated in ' 153.167, shall be paid to the town to cover advertising and administrative expenses. In the case of an appeal that is subsequently decided in favor of the applicant, the fee shall be returned to the applicant upon his request within 30 days of the overturning decision. The applicant is responsible for the burden of initiating the reimbursement. (Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.180 APPEALS.

(A) Any citizen may bring before the Board of Adjustment an appeal concerning any action related to the enforcement of this chapter.

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Zoning Code 117

(B) Appeals procedure. Such appeals must adhere to the following procedures:

(1) Provide written notice of an appeal to Zoning Administrator.

(2) The reasons and circumstances for the appeal.

(3) The corrective actions which are requested.

(4) The concurring vote of four members shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant any matter upon which it is required to pass under the provisions of this chapter.

(5) Appeal from the decision of the Board of Adjustment shall be to the Superior Court of Washington County. By statute, review of BOA decisions is by the court.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.181 HEARING PROCEDURES.

(A) Upon notification by the Zoning Administrator that the requirements of ' 153.180 have been fulfilled by the applicant, the case shall be addressed by the Board of Adjustment.

(B) The following procedures shall be observed by the Board of Adjustment.

(1) A reasonable time shall be fixed, not to exceed 30 days from notification, for the hearing of such appeals.

(2) Appropriate public notice of the hearing shall be provided to the appellant by the Board of Adjustment, with time, place, and date of the hearing.

(3) Fifteen days notice shall be given adjoining property owners.

(4) At the hearing, the Board shall make a determination as to the appeal. Town Council shall be informed of such action and the Zoning Administrator shall enforce the ruling. All action shall be based upon a four-fifths majority vote of the Board of Adjustment according to the general statutes of the state.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.182 VARIANCES.

(A) Based upon the procedures outlined in ' 153.181, a variance from the terms of this chapter may be granted.

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(B) All of the following must be observed by the Board of Adjustment in the granting of any variance.

(1) The variance will not be contrary to the public interest.

(2) 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.

(3) 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.

(4) That the special conditions and circumstances do not result from the actions of the applicant.

(5) 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 zoning district.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

CHANGES AND AMENDMENTS

' 153.190 RESPONSIBILITY.

It shall be responsibility of the Town Council to amend, supplement, or change the text, regulations, and zoning map according to the procedures outlined below:

(A) Shall refer request to the Planning Board (see ' 153.192) outlining actions to be addressed.

(B) Shall provide the Planning Board with 35 days to render a recommendation. (Failure to act within prescribed time shall be deemed as a waiver of this responsibility.)

(C) Shall provide notice and public hearing pursuant to ' 153.191 of this subchapter.

(D) Shall act upon the request after the public hearing is conducted in accordance with ' 153.191 during any properly scheduled meeting and/or at the next regularly-scheduled meeting following the public hearing process in accordance with ' 153.191.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. passed 7-28-14)

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Zoning Code 119

' 153.191 NOTICE AND PUBLIC HEARING.

The following prescribe the requirement concerning timing and content of notice for the purpose of public hearing:

(A) A notice of public hearing shall be given once a week for two successive calendar weeks in a newspaper of general circulation in the town. (Such notice shall be published the first time not less ten days prior to the date fixed for such public hearing.)

(B) The notice shall contain all pertinent information related to the change, indicating the area affected by recognizable landmarks and the exact change being requested citing the sections of this chapter so affected.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.192 PLANNING BOARD RESPONSIBILITY.

The Planning Board (see ' 153.194) shall be the Advisory Board to the Town Council on the following matters related to the content of this chapter:

(A) Types of review. The Planning Board shall act on the following and make appropriate recommendations to the Town Council concerning matters outlined below.

(1) Every proposed amendment, supplement, change, modification, or appeal to this chapter shall be referred to the Planning Board for its recommendation and report.

(2) All requests for a change in the official zoning map shall include a description of the property involved and the names and addresses of current abutting property owners. (Note: All necessary fees to cover costs of advertising as required by this chapter shall be collected.)

(3) Periodically review the district designations to ensure that land development is taking place within the intent of this chapter and its parts. (Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.193 PLANNING BOARD COMPOSITION.

The following shall represent the composition of the Planning Board and govern its appointment:

(A) The Planning Board shall consist of five regular members and three alternates.

(1) Municipal members. Four regular members and the three alternates

shall be permanent residents within the corporate limits of the town.

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(2) Extraterritorial members. One regular member shall be a permanent resident of the extraterritorial planning area of the town. (Note: This member shall have equal rights, privileges, and duties with the municipal members of the Planning Board regardless of whether the matters at issue arise within the extraterritorial planning area or within the corporate limits.)(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. passed 6-10-02)

' 153.194 PLANNING BOARD APPOINTMENTS.

The following will guide the appointment of the appropriate members as outlined ' 153.194.

(A) Responsibility of appointments.

(1) Municipal members. These four members shall be appointed by the Town Council.

(2) Extraterritorial member. The one member shall be appointed by the County Board of Commissioners. (Note: Should the County Board of Commissioners fail to make the appointment within 90 days of notice, the Town Council may make such appointment).

(B) Time of appointment.

(1) Date. In January of each year, the Town Council and the County Board of Commissioners shall appoint new members to the Planning Board for a term beginning on January 13 of the year of the appointment to last for three years, provided that nothing in this section shall be construed to affect the term of any member incumbent on the effective date of this chapter. Each year the Town Council may reaffirm members for up to nine years any member, or take any action concerning membership the Town Council determines is appropriate.

(2) Terms. Planning Board members shall each serve three-year, staggered terms with each member serving until his/her successor is appointed and qualified. Planning Board members may serve up to nine years. Members are allowed to miss three Planning Board meetings during any 12 month period. Upon the fourth absence this shall constitute a voluntary resignation from the Planning Board.

(3) Vacancy. Any vacancy in the membership of the Planning Board other than by reason of the expiration of term of office shall be filled when such vacancy occurs for the unexpired term only. The vacancy shall be filled by the most senior alternate board member. The Town Council shall affirm the appointment of the alternate to the Planning Board or take any action the Town Council deems prudent at the next scheduled Town Council meeting.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Res. 11-06, passed 7-11-11)

' 153.195 PUBLIC DISSENT.

Any action or amendment may be questioned by appropriate parties.

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Zoning Code 120A

(A) Tool of dissent. A petition actually signed by qualified petitioners must be presented to the Town Council.

(B) Petitioners. Any action signed by the property owners of 20% or more either of the area of the lots included in such proposed change, or of those immediately adjacent thereto either in the rear thereof or on either side thereof, extending 100 feet from the street frontage of those directly opposite lots.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.196 FINAL ACTION.

The following constitutes the responsibilities of the Town Council in hearing appropriate dissent:

(A) Hearing. The Town Council shall consider such dissent at the next regularly-scheduled meeting following its presentation unless presented less than five days prior to such meeting at which time the dissent will be placed upon the next regularly-scheduled meeting=s agenda.

(B) Vote of Council. A simple majority of the Town Council shall be required to amend this ordinance when such recommendations by the Planning Board are favorable. A : majority vote by the

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Zoning Code 121

Town Council shall be required to amend this chapter when the Planning Board recommends against such amendments.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

STATUTORY VESTED RIGHT PROVISIONS

' 153.205 PURPOSE.

The purpose of this subchapter is to implement the provisions of G.S. ' 160A-385.1 pursuant to which a statutory zoning vested right is established upon the approval of a site specific development plan.(Ord. 91-6, passed 8-12-91)


For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPROVAL AUTHORITY. The Town Council, Board of Adjustment or other board or official designated by ordinance or this chapter as being authorized to grant the specific zoning or land use permit or approval that constitutes a site specific development plan.

SITE SPECIFIC DEVELOPMENT PLAN. A plan of land development submitted to the town for purposes of obtaining one of the following zoning or land use permits or approvals:

(1) A zoning permit (when filed in accordance with ' 153.113).

(2) A conditional use permit (when filed in accordance with '' 153.050 - 153.053).

(3) A variance (when filed in accordance with ' 153.115).

(4) Subdivision Review Procedures (when filed in accordance with '' 155.55 through 155.58 of this chapter).

Notwithstanding the foregoing, neither a variance, a sketch plan nor any other document that fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property shall constitute a site specific development plan.


ZONING VESTED RIGHT. A right pursuant to G.S. ' 160A-385.1 to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan.(Ord. 91-6, passed 8-12-91)

' 153.207 ESTABLISHMENT OF A ZONING VESTED RIGHT.

(A) A zoning vested right shall be deemed established upon the valid approval, or conditional approval, by the Town Council or Board of Adjustment, as applicable, of a site specific development plan, following notice and public hearing.

(B) The approving authority may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare.

(C) Notwithstanding divisions (A) and (B) of this section, approval of a site specific development plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.

(D) A site specific development plan shall be deemed approved upon the effective date of the approval authority=s action or ordinance relating thereto.

(E) The establishment of a zoning vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land-use regulation by the town, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan upon the expiration or termination of the vested right in accordance with this chapter.

(F) A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific development plan, all successors to the original landowner shall be entitled to exercise such right while applicable.(Ord. 91-6, passed 8-12-91)

' 153.208 APPROVAL PROCEDURES AND APPROVAL AUTHORITY.

(A) Except as otherwise provided in this section, an application for site specific development plan approval shall be processed in accordance with the procedures established by ordinance and shall be considered by the designated approval authority for the specific type of zoning or land use permit or approval

for which application is made.

Zoning Code 123

(B) In order for a zoning vested right to be established upon approval of a site specific development plan, the applicant must indicate at the time of application, on a form to be provided by the town, that a zoning vested right is being sought.

(C) Each map, plat, site plan or other document evidencing a site specific development plan shall contain the following notation: AApproval of this plan establishes a zoning vested right under G.S. ' 160A-385.1. Unless terminated at an earlier date, the zoning vested right shall be valid until (date).@

(D) Following approval or conditional approval of a site specific development plan, nothing in this chapter shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.

(E) Nothing in this chapter shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or this chapter.(Ord. 91-6, passed 8-12-91)

' 153.209 DURATION.

(A) A zoning right that has been vested as provided in this chapter shall remain vested for a period of two years unless specifically and unambiguously provided otherwise pursuant to division (B) of this section. This vesting shall not be extended by any amendments or modifications to a site specific development plan unless expressly provided by the approval authority at the time the amendment or modification is approved.

(B) Notwithstanding the provisions of division (A) of this section, the approval authority may provide that rights shall be vested for a period exceeding two years but not exceeding five years where warranted in light of all relevant circumstances, including, but not limited to, the size of the development, the level of investment, the need for or desirability of the development, economic cycles, and market conditions. These determinations shall be in the sound discretion approval authority at the time the site specific development plan is approved.

(C) Upon issuance of a building permit, the expiration provisions of G.S. ' 160A-418 and the revocation provisions of G.S. ' 160A-422 shall apply, except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding.(Ord. 91-6, passed 8-12-91)

' 153.210 TERMINATION.

A zoning right that has been vested as provided in this chapter shall terminate:

(A) At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed;


(B) With the written consent of the affected landowner;

(C) Upon findings by the Town Council, by ordinance after notice and a public hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan;

(D) Upon payment to the affected landowner of compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant=s fees incurred after approval by the town, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action;

(E) Upon findings by the Town Council, by ordinance after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site specific development plan; or

(F) Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site specific, in which case the approval authority may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and a hearing.(Ord. 91-6, passed 8-12-91)

' 153.211 VOLUNTARY ANNEXATION.

A petition for annexation filed with the town under G.S. ' 160A-31 or G.S. ' 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under G. S. ' 160A-385.1 or G. S. ' 153A-344.1. A statement that declares that no zoning vested right has been established under G.S. ' 160A-385.1 or G.S. ' 153A-344.1, or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner and any such zoning vested right shall be terminated.(Ord. 91-6, passed 8-12-91)

' 153.212 LIMITATIONS.

Nothing in this chapter is intended or shall be deemed to create any vested right other than those established pursuant to G. S. ' 160A-385.1.(Ord. 91-6, passed 8-12-91)

Zoning Code 125

' 153.213 REPEALER.

In the event that G. S. ' 160A-385.1 is repealed, this subchapter shall be deemed repealed and the provisions hereof no longer effective.(Ord. 91-6, passed 8-12-91)

CONDITIONAL USES

' 153.220 APPLICATION FOR CONDITIONAL USE PERMIT.

Conditional uses add flexibility to the Zoning Code by allowing uses which would otherwise be undesirable to be established in designated districts under conditions imposed by the Board of Adjustment. Applications for conditional use permits shall be filed with the Zoning Administrator, who shall transmit the application to the Board of Adjustment. After a public hearing, as required by '' 153.175 through 153.182, the Board of Adjustment may grant permission to establish conditional uses as permitted in the district regulations, if the Board of Adjustment fords that:

(A) The proposed use does not affect adversely the general plans for the physical development of the town as embodied in these regulations and in any plan or portion thereof adopted by the Planning Board.

(B) The proposed use will not be contrary to the purposes stated for these regulations.

(C) The proposed use will not affect adversely the health and safety of residents and workers in the town.

(D) The proposed use will not be detrimental to the use or development of adjacent properties or other neighborhood uses.

(E) The proposed use will not be affected adversely by the existing uses.

(F) The proposed use will be placed on a lot of a sufficient size to satisfy the space requirements of that use.

(G) The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement, noise or fume generation, or type of physical activity.

(H) The standards set forth for each particular use for which a permit may be granted have been met.


(I) The Board of Adjustment may impose or require such additional restrictions and conditions as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhood.

(J) The proposed use shall be subject to the minimum area, setback, and other locational requirements of the zoning district in which it would be located.

(K) The proposed use shall be subject to the off-street parking and service requirements of these regulations.

(L) Wherever the Board of Adjustment shall find, in the case of any permit granted pursuant to the provisions of these regulations, that any of the terms, conditions, or restrictions, upon which such permit was granted are not being with, the Board shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.221 EFFECT UPON CONDITIONAL USES.

Those uses which existed prior to the effective date of this chapter, or any amendments thereto, and permitted only as conditional uses in the district in which they are located, or had received a conditional use permit from the Board of Adjustment, shall be considered to be legally established conditional uses. Any expansion, addition, or other change for which a zoning certificate is required shall be heard, considered, and approved or disapproved by the Board of Adjustment in the same manner as an original application for conditional approval.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.222 REQUIREMENTS FOR CERTAIN CONDITIONAL USES.

The Board of Adjustment may grant permission for the establishment of the following uses in specified districts, under the following suggested conditions or any additional specific conditions set forth by the Board.

(A) Bulk fuel storage areas. Above-ground fuel tanks used for commercial wholesale or retail purposes shall be enclosed with a fence at least six feet high.

(B) Dry cleaning, laundry. According to district requirements providing the applicant shows adequate safe storage and disposal of chemicals, and control of noise and heat to surrounding buildings.

(C) Elementary and middle schools/hospitals/emergency service ingress-egress areas. The minimum distances between these uses and commercial or manufacturing uses which generate heavy traffic flows or

extensive congestion shall be 300 feet.

(D) Home occupations. See ' 153.145.

Zoning Code 127

(E) Sunk yards/salvage yards.

(1) The minimum front, side, and rear yards shall be 50 feet.

(2) The storage area shall be screened by a continuous visual barrier at least eight feet in height.

(3) Salvage auto parts shall not be allowed to collect water, which provides a breeding ground for mosquitoes or other insects, nor harbor breeding grounds for rats or other rodents.

(F) Kindergartens or day care. Kindergartens and day care facilities may be permitted subject to the requirements of the district provided that:

(1) At least 100 square feet of outdoor play area is supplied for each child accommodated; and

(2) The entire play area is enclosed by a fence-having a minimum height of four feet, with child-proof gate latches, and constructed in such a manner that ensures maximum safety of the children.

(G) The development of any multi-family residential project within either the C1 or O&I zoning districts shall not involve the demolition of any structure listed as historic with the North Carolina State Historic Preservation Office.

(H) Public utility facilities. All water treatment and sewage disposal facilities, sanitary landfills, electric or telephone substations or other utility facilities shall be subject to site plan review.

(I) Veterinary hospital/clinic/animal boarding/kennel. Subject to all other related provisions of this chapter, this use should comply with the following:

(1) Minimum lot size of 15,000 square feet.

(2) Minimum lot width of 100 feet.

(3) Minimum front yard setback of 50 feet.

(4) Maximum lot coverage of 50%.

(5) Visual buffers will be required when boarding space is provided outside the principal structure.

(6) This use could be allowed on a low intensity basis at the discretion of the Board of Adjustment, provided all safety and nuisance concerns are identified and addressed.

(J) Shopping centers. Shopping centers are allowed as conditional use in the

C2 District after extensive site plan review and approval by the Planing Board.

2011 S-7


(K) Adult use business.

(1) Definition. ADULT USE. Any principal or accessory use which excludes minors by reason of age. This definition does not apply to applicable alcoholic beverage laws or voluntary restrictions of the motion picture industry.

(2) Conditions and requirements.

(a) No adult use business may be located closer than 1,000 feet to the nearest:

-Residential Zone-House of worship-Day Care Center-School-Public Park-Public Library-Cemetery-Motion picture theater regularly showing G or PG rated movies to

the public-Any other area where large numbers of minors regularly travel or

congregate

(b) All windows, doors, openings, entries, and the like for all adult uses shall be so located, covered, screened, or otherwise treated so that views into the interior of the establishment are not possible from any public or semi-public area, street, or way.

(c) The lot containing the adult use shall not be located within a 1,000 feet radius of another lot containing an adult use.

(d) All buildings used for permitted adult uses must be designed in such a way as to prevent the escape of noise from the premises.

(L) Other conditional uses will be reviewed as to health, safety, and general nuisance risk and will be subject to conditions recommended by staff and determined by the Board of Adjustment.

(M) The requirements placed upon a conditional use applicant by the Board of Adjustment shall specifically and in entirety be reduced to written form. The requirements shall be written specifically enough as to delineate precisely and unambiguously the requirements set forth by the Board in the issuance of the conditional use permit. The written requirements are to be signed by the Board of Adjustment Chairman, Zoning Administrator, and the applicant prior to the issuance of the permit.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96; Am. Ord. 11-01, passed 2-14-10)

' 153.223 SITE PLAN REVIEW.

(A) Purpose. The purpose of site plan review is to protect and enhance public health, safety, and welfare, and aesthetic value of the built environment. More specifically, the purpose of this review is to encourage site planning in advance of construction so that issues of nuisance (such as noise, glare of

2011 S-7

Zoning Code 129

lights, odor, unsightly or unsafe buildings and parking areas, and the like). Crime prevention, maintenance of property values, and aesthetic value can be addressed through thoughtful site design.

(B) Where required. Site plan review and approval shall be required for all new developments and expansion of existing developments on real property in certain districts in accordance with the provisions of this section, and no building permit or other authorization for development shall be issued prior to such approval. Site plan review shall be required for all development proposals in the Riverfront Development Overlay District, all conditional uses and for the following uses, whether permitted or conditional, in any district:

(1) Golf courses.

(2) Multi-function recreational facilities/amusements.

(3) Multi-family residential development.

(4) Multi-use or multi-unit development on a single lot.

(5) Shopping centers.

(6) Mobile home parks.


(8) Parking lots.

(C) Plans required. Seven copies of a site plan or plans drawn to a scale of 1 inch = 100 feet shall be submitted to the town=s Zoning Administrator and shall include the following:

(1) Name and address of applicant, graphic scale, date, and North arrow.

(2) Existing conditions. A map of the property and adjacent lands showing contours with a two feet interval; location and direction of all watercourses, floodplain, and other hazard areas; natural features; names of all platted streets, easements, and utility rights-of-way; parks and other public open spaces; structures and their uses; town boundaries; existing water mains, sewer lines; culverts and other underground facilities and their exact location.

(3) Proposed development. A map showing the following in addition to other requirements which may be specified by the Zoning Administrator:

(a) Proposed land uses and densities.

(b) Building types and coverage.

(c) Circulation patterns for vehicular and pedestrian traffic.


(d) Parks, playgrounds, open spaces.

(e) Waster disposal facilities (sewage and trash).

(f) Lighting.

(g) Water supply, community facilities (schools, libraries, fire stations, shopping and the like.).

(D) Standards. The following shall be required on all site plans and for all development reviewed:

(1) A minimum of 10% of the lot area being developed shall be landscaped, including a mix of vertical (trees) and horizontal (grass/ground cover). Major remodeling of properties in already developed sections of town shall require landscaping to the extent possible up to the 10% requirement. Landscaping shall be visible in large part from public thoroughfares.

(2) Natural landscaping shall be retained where possible to meet the landscaping requirements.

(3) Unnecessary grade changes shall be avoided. Retaining walls shall be provided where needed.

(4) Drainage shall be approved by the Zoning Administrator according to accepted engineering standards.

(5) Off-street parking shall be buffered from the street and from adjacent residential zones by means of landscaping a low fence, but not to the extent of restricting visibility necessary for safety and security.

(6) Sidewalks and curbs shall be provided in whole or in part in those locations where such amenities exist on adjacent properties.

(7) Ingress and egress locations onto public thoroughfares shall be located in the interest of public traffic safety.

(8) Parking spaces shall be designated in accordance with the requirements of this Zoning Code.

(9) There shall be reasonable access for emergency services and vehicles.

(10) Outdoor lighting shall be provided for security. Such lighting shall illuminate appropriate areas with a minimum of glare and without creating a nuisance for adjacent properties.

(11) Other specified site provisions may be required as determined by the Zoning Administrator.

Zoning Code 131

(E) The following shall be required on those site plans for multi-family dwellings and for all such multiple family development:

(1) Outdoor play space shall be provided and shall constitute a minimum of 10% of the lot area. This requirement is in addition to landscaping requirements. Parking lots are not acceptable as play space. This requirement may be waived or reduced in any housing development designed and maintained exclusively as adult housing.

(2) Private or semi-private outdoor space shall be included for each unit. This may include such amenities as balconies, porches, or fenced yards.

(3) The site plan shall be designed to minimize outdoor noise.

(4) Buffer yards shall be required on those site plans for commercial and industrial uses according to the following guidelines:

Recommended Buffer Yards:

Type of Use Adjacent Use Buffer Type

Industry, light Residential OpaqueO & I Broken

Industry, heavy Residential OpaqueCommercial Semi-OpaqueO & I Opaque

Commercial, general Residential Opaque

Shopping Center Residential Opaque

While the above categories serve as general guidelines, the Zoning Administrator may require a more intense buffer system where the type of use results in the emittance of odor, dust, smoke, fumes, noise, heat and/or vibration.

For purposes of this requirement, the following definitions shall apply:

OPAQUE BUFFER. A screen that is opaque from the ground to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. An opaque buffer is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. The opaque screen is composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative buffers or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity the portion of intermittent visual obstructions should not

contain any completely unobstructed


openings of more than ten feet. The portion of the intermittent visual obstructions may contain deciduous plants.

SEMI-OPAQUE BUFFER. A screen that is opaque from the ground to a height of at least three feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. The semi-opaque buffer is intended to partially block visual contact between uses and to create a strong impression of separation of spaces. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative buffers or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity the portion of intermittent visual obstructions should not contain any completely unobstructed openings of more than ten feet. The portion of the intermittent visual obstructions may contain deciduous plants.

BROKEN BUFFER. A buffer composed of intermittent visual obstructions form the ground to a height of at least 20 feet. The broken screen buffer is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetative buffers or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The buffer may contain deciduous plants.

Where building setback distances are limited due to small lot size or existing development, the town may substitute other mitigating measures of comparable effectiveness (fences, beans, walls, etc.) in place of buffer yards and vegetation.

(F) Building structures. Building structures shall be consistent with the surrounding area and shall be aesthetically pleasing. All exterior surfaces of structures shall present a finished appearance.

(G) Enforcement.

(1) The Zoning Administrator shall review plans to assure that standard requirements are included. Plans shall be reviewed by the Planning Board and approved by the Town Council.

(2) The Building Inspector shall not issue a building permit until all improvements required by the site plan approval have been confirmed and accepted by the town.

(3) If construction has not begun within one year of the date of site plan approval, such approval shall expire unless a request far extension is requested by the developer and granted by the town.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

Zoning Code 133

' 153.998 VIOLATION OF CHAPTER.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained in violation of this chapter or any building, structure, or land is used in violation of this chapter, the Zoning Administrator, or any appropriate authority or any adjacent, nearby, or neighboring property owner who would be affected by such violation, in addition to other remedies, may institute an injunction, mandamus, or other appropriate action for proceeding to prevent occupancy or use of such building, structure, or land. Any agreement or arrangement between adjacent property owners concerning buildings, structures, or land use shall not circumvent any requirements set forth by this chapter.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

' 153.999 PENALTY.

Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense by a fine of not more than $50 or imprisonment not to exceed 30 days. Each day such violation continues shall be deemed to be a separate offense.(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)


APPENDIX A: ZONING DISTRICT SCHEDULE

C R20

R20A

R15A

R10

R7 R7A

OI C1 C2 IL IH

Adult Business P

Advertising Agency P

Agricultural Uses (no intensive livestock)

P P

Agricultural Supply Sales P

Airports P

Antiques P

Apparel Sales P P

Art Galleries and Working Studios

P

Assembly and Processing (farm and food products)

P P

Automobile Parts Sales P

Automobile Repair Services

P

Automobile Sales and Services

P

Bag Manufactures P P

Bakery P

Bakery Products P P

Barber and Beauty Shops P P

Bed and Breakfast/Rooming House/Tourist Home

C P C P

Bicycles P

Blueprinting Services P

Boat Manufacturers P P

Bottled Gas Works P

Bottling Works P P

Brokerage Firm P

C R20

R20A

R15A

R10

R7 R7A

OI C1 C2 IL IH

Building Materials, Storage, Sales

P P

Zoning Code 135

C R20

R20A

R15A

R10

R7 R7A

OI C1 C2 IL IH

Building Supplies Sales P

Bulk Fuel Storage C P

Business Services P P

Cabinetmaking and Woodworking Shops

P P P

Cafeterias P

Camera Sales P

Candy Sales P

Charitable Institutions P

Child Care/Day Care/ Kindergarten

C C C P* P* C C

Chiropractic and Osteopathic Offices

P P

Churches C C C C C C P

Circuses/Carnival Fairs* P P

Clothing Sales P P

Coal Yards P

Cold Storage Plants P P

Commercial Printing P

Commercial Recreational Facilities

C P P

Community Centers, Civic Clubs, Fraternal Org.

P C P

Contractors (gen. const., plumbing, heating, etc.)

P

Contractors Storage Yards P P

Convalescent or Rest Homes

P

Dairy Products Processing P P

Drug Stores P

Dry Cleaning/Laundry C P P P

Duplex Residences P P P

C R20

R20A

R15A

R10

R7 R7A

OI C1 C2 IL IH

Electrical and Industrial Equipment

P P

2007 S-5


C R20

R20A

R15A

R10

R7 R7A

OI C1

C2 IL IH

Embroidery, Screen Printing and Graphic Art Studio

P P P P P

Equipment Manufacturers/ Service/Repair

P

Family Care Homes P P P P P P

Farm Machinery Manufacturers

P P

Farm Machinery Sales and Repairs

P

Fertilizer Plants P

Financial Establishments (banks, S&Ls)

P P P

Fish and Seafood Markets

C P

Florists/Flowers P P

Founderies P

Fraternal Lodge/Hall P

Funeral Home or Mortuary

P P

Furniture Manufacturers P P

Furniture Sales P P

Garages/Service Stations/ Convenient Stores

P P

Gift Shops P

Golf Courses C C

Governmental Offices P* P P

Grain Elevators P P

Green Power Production Facility

C P P

Greenhouses/Nurseries P P P P P P

Groceries P P

Grounds and Facilities P P

C R20

R20A

R15A

R10

R7 R7A

OI C1

C2 IL IH

for Open Air Games and Sports

Hardware and Hardware Sales

P P

2011 S-7

Zoning Code 137

C R20

R20A

R15A

R10

R7 R7A

OI C1

C2 IL IH

Hobby and Craft Goods P

Home Appliance Sales and Services

P

Home Occupations C C C C C C C

Hospitals P

Hotels, Motels, and Tourist Homes

P P

Ice Plants P P

Incinerators P

Indoor Rec. Facilities (Public or Commercial)

C C

Industrial Research and Educational Facilities

P P

Insurance Offices and Agencies

P P

Jewelry and Clock Manufacturers

P P

Jewelry Sales P

Kennels/Pet Boarding C P P

Laboratories (research and testing)

P P

Laundromats P P

Leather Goods (manufacturers)

P P

Leather Goods (sales) P

Libraries P P

Loan Companies and Pawn Shops

P

Lumber Yards P P

Machine Shops P P

Machine Tool Manufacturers

P

Magazine and Book Stores

P

Manufacturers/Processing/ Assembly/Fabricating Op.

P

2011 S-7


C R20

R2A R15A

R10

R7 R7A

OI C1

C2 IL IH

Meat Packing/Abbattoir/ Stockyards

P

Medical Supplies and Services

P

Medical and Dental Clinics

P

Medical and Dental Services

P

Mobile Homes - Class A P P

Mobile Homes - Class B P

Mobile Home Parks P

Mobile Home Sales P

Motorcycles, Motorbike Sales

P

Multi-Family Residences P P

Museum and Art Galleries

P

Musical Instrument Manufacturers

P P

Musical Instrument Sales P

Nursing Homes P P

Off-Street Parking Facilities

P P

Optical and Scientific Instruments

P P

Outdoor Recreational Uses

C C C C

Paint Sales P

Parking Facilities (Commercial)

P

Parking Lots P P

Parsonages P

Personal Services* P

Pet Shops P

Pharmacies P

Pharmaceutical Product Manufacturers

P P

2011 S-7

Zoning Code 139

C R20

R20A

R15A

R10

R7 R7A

OI C1 C2 IL IH

Plumbing Supplies and Fixtures

P

Pool Halls/Billiard Parlors C

Printing, Publishing and Reproduction Establishments

P P

Professional Offices and Agencies

C P P

Public and Private Schools C C C C C C P C

Public Service Offices P

Public Utility Facilities C C C C C C C C C C P P

Radio and Television Sales

P

Railroad Freight Yards P

Real Estate Agencies P P

Recreational Uses and Facilities

P P P P P P C P

Repair and Servicing of Office and Household Equipment

P P

Restaurants, Grills, Taverns, Snack Bars

P P

Sanatariums P P

Sanitary Landfills C P

Sewage Treatment Plants P

Sheet Metal Shops and Tinsmith Shops

P P

Shirt Manufacturers P P

Shoe Repairs P P

Shoe Stores P P

Shopping Centers C

Sign Manufacturers P P

Single Family Houses P P P P P P P

Sporting Goods P

C R20

R20A

R15A

R10

R7 R7A

OI C1 C2 IL IH

Stenographic, Telephone Answering

P

2011 S-7


C R20

R20A

R15A

R10

R7 R7A

OI C1 C2 IL IH

Stone Cutting; Monument Manufacturers and Sales

P P

Storage Warehouse Yards P P

Street Vendors C

Studios (artists, photographers, etc.)

P

Taxi Stands P

Textile Manufacturers P

Theaters P

Tire Sales and Services P

Toy Stores P

Transportation Terminals P

Tree Farming and Forestry P P P

Upholstery and Refinishing

P P

Venetian Blind Manuf., Contractors and Cleaning Shops

P P

Veterinary Medicine Clinic/ Animal Hospital

P C P P

Video Gaming Arcade C P P

Water Treatment Plants P

Welding Shops P P

Wholesale and Jobbing Establishments

P P

P = Permitted use, C = Conditional Use, Blank or Unlisted Activity = Prohibited Use

(Ord. passed 10-21-96; Am. Ord. passed 6-26-07; Am. Ord. passed 11-8-10; Am. Ord. passed 11-8-10)

2011 S-7

APPENDIX B: DISTRICT REQUIREMENTS

District Square Feet

Per Dwelli

ng

Lot Depth

Lot Width

at Front

Setback Line

Front Yard

Setback

*Side Yard

Setback

(each side)

Rear Yard

Setback

Structural

Height (max)

Coverage

Allowed Percent

and Feet

C NA NA NA NA NA NA NA 30%R-20 20,000 150 100 30 15 25 35 40%

8,000R-20A 20,000 150 100 30 15 25 35 40%

8,000R-15 15,000 150 90 30 15 25 35 30%

4,500R-10 10,000

single

16,000 duplex

150 75 30 15 20 35 40% 4,000

R-7 12,000 duplex

7,000 single

4,000/ add. unit

125 60 20 10 20 35 40% 2,800

R-7A 12,000duplex

7,000 single

4,000/add. unit

125 60 20 10 20 35 40% 2,800

OI 7,000 120 75 20 10 20 NA 40% 2,800

C1 NA NA NA NA NA 20 NA NAC2 15,000 NA 100 100 25 25 NA NA

(Ord. passed 9-12-83; Am. Ord. passed 10-21-96)

CHAPTER 154: PROPERTY NUMBERING SYSTEM

Reserved for future legislation

143


CHAPTER 155: SUBDIVISION REGULATIONS

Section

Standard Provisions

155.01Authority155.02Title155.03Purpose155.04Jurisdiction155.05Interpretation155.06Compliance155.07Policy concerning adequacy of public facilities155.08Acceptance of public services155.09Consistency with official plans155.10Consistency with Comprehensive Plan155.11Resubdivision procedures155.12Vacation of plat

Inclusions and Exceptions

155.20Subdivision defined155.21Plats not subject to regulations

Legal Provisions

155.30Duty of property owner and/or authorized agent155.31Duty of Register of Deeds155.32Duty of Clerk of Court155.33Duty of Planning Board155.34Penalties for violation155.35Severability155.36Amendments155.37Prior inconsistent ordinances155.38Variances

Definitions

155.50General

1452001 S-1


Subdivision Review Procedures

155.60Overview155.61Sketch plan review process155.62Minor subdivision review process155.63Major subdivision review process155.64Subdivision review and administrative control155.65Subdivision review sheet

Design and Construction Standards

155.70General155.71Streets155.72Storm water management155.73Utilities155.74Other improvements155.75Other requirements

STANDARD PROVISIONS

' 155.01 AUTHORITY.

The enactment of this chapter is pursuant to the authority granted to municipal governments under G.S. Ch. 160A, Art. 19, ' 371, as amended and supplemented.(Ord. passed 7-9-01)

' 155.02 TITLE.

Upon adoption, the title of this chapter shall be the Plymouth Subdivision Ordinance, known hereafter as the Subdivision Ordinance.(Ord. passed 7-9-01)

' 155.03 PURPOSE.

The purpose of this chapter is to establish a user-friendly, reasonable and uniformly enforceable procedures and standards for the development and subdivision of land within the territorial planning jurisdiction of the town. It is designed to provide for, including but not limited to, coordination of streets, transportation, recreation facilities, community facilities, infrastructure, and utilities within

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Subdivision Regulations 147

proposed subdivisions, to service proposed subdivisions and minimize future expenditures by the town taxpayers for provision of these and related services. It is further designed to redistribute population and traffic in a manner that will avoid undesired congestion and overcrowding, and to create wholesome conditions essential to public health, safety, and general welfare. Also, to provide for proper legal description, monumentation and recording of land that will insure easy identification and permanent location of all real estate boundaries. In addition, this chapter is designed to encourage the wise, productive, and beneficial use of the natural resources of the town, to maintain a healthy and pleasant environment, and to preserve the natural historical beauty of the town and its territorial planning jurisdiction.(Ord. passed 7-9-01)

' 155.04 JURISDICTION.

The regulations of this chapter shall apply throughout the town and its extraterritorial planning jurisdiction as now and hereafter established.(Ord. passed 7-9-01)

' 155.05 INTERPRETATION.

For the purpose of this chapter, the following words shall be interpreted as follows:

(A) The word MAY is permissive.

(B) The words SHALL and WILL are mandatory.

(C) The present tense and the future tense include the present tense.

(D) The singular of words is inclusive of the plural and the plural is inclusive of the singular.

(E) All other word interpretations shall be pursuant to ' 155.50.(Ord. passed 7-9-01)

' 155.06 COMPLIANCE.

Legally created unimproved lots as of the effective date of this chapter must, after the adoption of this chapter, be improved in compliance herewith and be in compliance with regulations, ordinances, and statutes incorporated by reference herein.(Ord. passed 7-9-01)

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' 155.07 POLICY CONCERNING ADEQUACY OF PUBLIC FACILITIES.

No preliminary plat shall be approved unless and until the Planning Board determines that public facilities will be adequate to support and service the area of the proposed subdivision. The applicant shall, at the request of the Planning Board and at no cost to the town, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities by possible uses of said subdivision. Public facilities and services to be examined for adequacy will include but not be limited to roads and public transportation facilities, sewerage, water service, electric and natural gas service.

(A) Periodically the Town Council will establish, by resolution, and after public hearing, guidelines for the determination of the adequacy of public facilities and services. To provide the basis for the guidelines, the Planning Board must prepare an analysis of current growth and the amount of additional growth that can be accommodated by future public facilities and services. The Planning Board must also recommend any changes in preliminary plat approval criteria it finds appropriate in the light of its experience in administering these regulations.

(B) The applicant for preliminary plat approval must, at the request of the Planning Board, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities and services by possible uses of said subdivision.

(C) Comprehensive Plan consistency required. Proposed public improvements shall conform to and be properly related to the local government=s Comprehensive Plan and all applicable capital improvements plan.

(D) Water service. All habitable buildings and buildable lots shall be connected to a county/ municipally approved public water system capable of providing water for health and emergency purposes, including adequate fire protection.

(E) Wastewater. All habitable buildings and buildable lots shall be served by a municipally approved means of wastewater collection and treatment.

(F) Stormwater management. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding. The local government may require the use of control methods such as retention or detention, and/or construction.

(G) Roads. Proposed roads shall provide a safe, convenient, and functional system consistent with the Town=s Transportation Improvement Plan, for vehicular, pedestrian, and bicycle circulation; shall be properly related to the comprehensive plan; and shall be appropriate for the particular traffic characteristics of each proposed development as same relates to the town as a whole.

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(H) Extension policies. All public improvements with required written easements shall be extended through the parcel on which new development is proposed. Municipal utilities, streets, water lines, wastewater systems, drainage facilities, electric lines, and telecommunications lines shall be constructed through new development to promote the logical extension of public infrastructure. The local government may require the applicant for a subdivision to extend offsite improvements to reach the subdivision or oversize required public facilities to serve anticipated future development as a condition of plat approval.(Ord. passed 7-9-01)

' 155.08 ACCEPTANCE OF PUBLIC SERVICES.

No street shall be maintained by the town or street dedication accepted for ownership and/or maintenance by the town, nor shall water, or sewer or other town utilities or services be extended to or connected within any subdivision until the requirements set forth by this chapter and other applicable regulations, ordinances, and statutes, have been fully complied with and a final plan has been approved, in writing, by the Town Council and recorded with the County of Washington Register of Deeds. All lots for residential use, improved after the effective date of this chapter, shall front and abut a public street. No final plat shall be approved or recorded showing private streets, unless a subdivision exclusively involves nonresidential uses.(Ord. passed 7-9-01)

' 155.09 CONSISTENCY WITH OFFICIAL PLANS.

Subdivision plans shall be consistent and in compliance with all officially adopted Land Use Plans, Thoroughfare Plans, Water and Sanitary Sewer Connection and/or Extension Ordinances, the Coastal Area Management Act of 1974, as amended and supplemented, and any and all other officially adopted ordinances and/or plans applicable to the town=s health, safety, welfare, and orderly growth.(Ord. passed 7-9-01)

' 155.10 CONSISTENCY WITH COMPREHENSIVE PLAN.

Applications submitted pursuant to this chapter and approvals, if any, granted pursuant to this chapter shall be consistent with the adopted Town Comprehensive Plan, its amendments and supplements.(Ord. passed 7-9-01)

' 155.11 RESUBDIVISION PROCEDURES.

For any replatting or resubdivision of land, the same procedures, rules and regulations shall apply as prescribed herein for an original subdivision.(Ord. passed 7-9-01)

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' 155.12 VACATION OF PLAT.

(A) Written instrument required. Any plat or any part of any plat may be vacated by the owner at any time before the sale of any legally created lot in the subdivision by a written instrument to which a copy of such plat shall be attached, declaring the same to be vacated.

(B) Town Council approval. Such written instrument referred to in the paragraph next immediately preceding shall be approved in writing. The Town Council may reject any such instrument, which abridges or destroys any public rights in any of its public uses, improvements, streets or alleys.

(C) Form and effect. Such an instrument shall be executed, acknowledged, or approved and recorded and filed in the same manner as a final plat; and being duly recorded or filed, shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys, and public grounds, and all dedications laid out or described in such plat.

(D) Owners of lots must join. When legally created lots have been sold, the plat may be vacated in the manner provided in this section only when all owners of the lots in the subdivision as shown on said plat join in the execution of the instrument described in this section.(Ord. passed 7-9-01)

INCLUSIONS AND EXCEPTIONS

' 155.20 SUBDIVISION DEFINED.

A SUBDIVISION is all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions of land for the purpose (expressed or implied) of sale or building development (immediate or future) and includes all division of land involving the dedication of a new street or a change in existing street patterns.(Ord. passed 7-9-01)

' 155.21 PLATS NOT SUBJECT TO REGULATIONS.

Only under the following conditions will the prevailing definition of Asubdivision@ not be enforced:

(A) When the combination or recombination of portions of previously subdivided and recorded lots (the total number of lots) does not increase and/or the resultant lots equal or exceed the standards of the municipality as required by this chapter;

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(B) When the division of land into parcels greater than ten acres does not involve the dedication of a street right-of-way;

(C) When the public acquisition by purchase of strips of land for widening or opening streets takes place; or

(D) When the division of a tract under single ownership is involved whose entire area is no greater than two acres and is divided into no more than three lots, provided no street right-of-way dedication is involved and the resultant lots are equal to or exceed the standards of the municipality as required by this chapter.(Ord. passed 7-9-01)

LEGAL PROVISIONS

' 155.30 DUTY OF PROPERTY OWNER AND/OR AUTHORIZED AGENT.

A plat must be prepared, approved, and recorded whenever the subdivision of land takes place as defined in ' 155.20. The property owner shown on the subdivision plat submitted for recording, or the authorized agent for such owner, shall sign a statement (see '' 155.62(C) or 155.63(G)) on the final plat stating whether any land shown there under his ownership is subject to the subdivision ordinance regulations of the town.(Ord. passed 7-9-01)

' 155.31 DUTY OF REGISTER OF DEEDS.

The Register of Deeds of Washington County shall not file or record a plat of a subdivision of land located within the territorial planning jurisdiction of the town that has not been approved, in writing, in accordance with this chapter. It is a violation of this chapter to record any deed indicating a lot on a preliminary or sketch plan until a final plat has been signed and recorded pursuant to this Code. This duty will commence from the date the subdivision ordinance is filed with the Register of Deeds of Washington County.(Ord. passed 7-9-01)

' 155.32 DUTY OF CLERK OF COURT.

The Clerk of Superior Court shall not order or direct the recording of a plat if the recording would be in conflict with this chapter.(Ord. passed 7-9-01)

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' 155.33 DUTY OF PLANNING BOARD.

The Town Planning Board shall act as a review/advisory body under the procedures spelled out in '' 155.61 through 155.63. The Planning Board shall require compliance with all applicable procedures standards set forth under the terms of this chapter.(Ord. passed 7-9-01)

' 155.34 PENALTIES FOR VIOLATION.

After the effective date of this chapter, any person who, being the owner or the agent of the owner of any land located within the territorial planning jurisdiction of this chapter, thereafter subdivides his/her land in violation of this chapter or transfers or sells land by reference to, exhibition of, or any other uses of a plat showing a subdivision of land before the plat has been properly approved under the terms of this chapter and recorded in the office of the Register of Deeds of Washington County, shall be guilty of a first degree misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from this penalty. The town, through its attorney or other official designated by the Town Council, may enjoin illegal subdivision, transfer or sale of land, and the Court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this chapter. Further, violators of this chapter shall be subject, upon conviction, to fine and/or imprisonment as provided by G.S. ' 14-4.(Ord. passed 7-9-01)

' 155.35 SEVERABILITY.

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions hereof.(Ord. passed 7-9-01)

' 155.36 AMENDMENTS.

This chapter may be amended from time to time by Town Council after giving public notice of and holding a public hearing with respect to such amendment, and public notice of the public hearing must be given at least once a week for two consecutive calendar weeks in a newspaper of general circulation in the town and said notice shall be published the first time not less than 15 days nor more than 25 days before action on the amendment is to be taken; however; provided that no amendment shall become effective unless it shall have been proposed by

the Planning Board or shall have been submitted to said board for review and recommendation.(Ord. passed 7-9-01)

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' 155.37 PRIOR INCONSISTENT ORDINANCES.

All ordinances or regulations other than the Zoning Ordinance of the town, which are in conflict with this chapter, are hereby repealed. Should the requirements of these regulations conflict with those of the Town Zoning Ordinance, the more stringent requirements shall prevail.(Ord. passed 7-9-01)

' 155.38 VARIANCES.

(A) Where because of severe topographical or other conditions peculiar to the site, and not caused by the owner/applicant, strict adherence to the provisions of this chapter would cause an unnecessary hardship, the Town Council may, on recommendation of the Planning Board, authorize a variance to the terms of this chapter only to the extent that is absolutely necessary and not to an extent which would violate the spirit and/or intent of the chapter.

(B) Prior business use lot/parcel variance. The subdivision variance is intended only for businesses established prior to adoption of the Town of Plymouth Zoning (September 12, 1983) and Subdivision Ordinances (July 9, 2001). The purpose of the variance procedure is to allow long term established businesses to continue their same use, but not be prohibited from expansion and/or continued functional viability because of restrictions imposed following their original establishment. The business variance must comply with the following:

(1) The proposed situation is expected to result in impacts which are no greater than those associated with the existing use/situation;

(2) The proposed situation will be no less compatible with the surrounding neighborhood than is the existing use/situation;

(3) Approval of the change will not lessen the public health, safety, and general welfare; and

(4) Failure to approve the change in nonconforming use would result in hardship to the owner of the property and/or business on which the nonconforming use/situation is located.

(5) The same business use must continue with any expansion.

(C) A non-conforming lot or situation including setbacks, lot width and lot size may be created as a result of a variance granted by ' 155.38(B) of the Subdivision Ordinance.(Ord. passed 7-9-01; Am. Ord. 2013-09, passed 10-16-13)

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DEFINITIONS

' 155.50 GENERAL.

For the purpose of this chapter, certain terms and words used herein shall be used, interpreted, and defined as follows:

ALLEY. A public thoroughfare that affords only a secondary means of access to abutting property.

AUTHORIZED AGENT. One who is designated, in writing, and is legally acting as representative for, or by the authority of the subdivider.

BOARD OF ADJUSTMENT. The Town of Plymouth Board of Adjustment.

BUILDING SETBACK LINE. A line parallel to the front property line which establishes the minimum allowable distance between nearest portions of any building, steps, eaves, gutters, and similar fixtures, and the street right-of-way line when measured perpendicularly thereto.

CAMA. The Coastal Area Management Act of 1974, and as amended and supplemented.

CORNER LOT. A legal lot, which occupies the interior angle at the intersection of two street lines. The street line forming the least frontage shall be deemed the front of the lot except where the two street lines are equal, in which case, the owner shall be required to specify which is the front when requesting a building permit.

DEDICATION. A gift, by the owner, of a right to use land for stated purposes. A dedication must be in writing and in recordable form, and is completed with an acceptance and recordation.

DISCLOSURE STATEMENT. A statement prepared and signed by the subdivider and the buyer of the subject real estate, fully and completely disclosing the status (whether public or private) of the street upon which the lot fronts. The statement shall also include an explanation of the consequences and responsibility as to maintenance and construction of proposed roadways.

DOUBLE FRONTAGE LOT. A continuous (through) legal lot of the same depth as the width of a block containing two tiers of legal lots and which is accessible from both of the streets upon which it fronts.

EASEMENT. A grant in writing and in recordable form by the property owner for use by the public, a corporation or person(s) of a strip of land for specific reasons.

EXTRATERRITORIAL JURISDICTION. The land lying outside of the corporate limits of the town but within the One Mile district designated by the Town Council subject to municipal planning and development controls as provided for in G.S. ' 160A-362, as amended and supplemented.

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Subdivision Regulations 154A

GROUP DEVELOPMENT. A development comprised of two or more legal buildings, such as a group of apartments, where the land is not subdivided into the customary streets and lots.

LOT. A portion of a legal subdivision or any other parcel of land intended as a unit for transfer of ownership or for development, or both. The word Alot@ includes the word Aparcel@ or Aplot@.

LOT OF RECORD. A lot which is a part of a legal subdivision, a plat of which has been recorded in the Office of the Register of Deeds of Washington County prior to the adoption of this chapter, or a legal lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this chapter.

MAJOR SUBDIVISION. The division of a tract or parcel into five or more lots.

MINOR SUBDIVISION. All divisions of land, which are not exempt from review by the definition above and which result in four or fewer lots fronting on an existing paved public road.

OFFICIAL MAP OR PLAN (LAND DEVELOPMENT PLAN OR COMPREHENSIVE PLAN). Any maps or plans officially adopted by the Mayor and Town Council as a guide for the development of the town.

PLANNED UNIT DEVELOPMENT. A land development project comprehensively planned as an entity via a unitary site plan which permits flexibility in infrastructure, utilities, roads, building siting, mixtures of building types and land uses, recreational areas and useable open spaces and the preservation of significant natural features. Included within this definition shall be Planned Unit Residential Developments and Planned Unit Nonresidential Developments or combination thereof.

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PLANNING BOARD. The Town Planning Board of Plymouth, North Carolina.

PLAT. A map or plan delineating a tract or parcel of land to be subdivided, land to be dedicated for public use, or right-of-way for street or utility purposes. The word plat shall include the terms Amap@, Aplot@, and Aplan@.

PLAT, FINAL. A map of land subdivision prepared in a form suitable for filing of record with necessary signatures, consents, affidavits, dedications, acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets, public areas, and other dimensions of land, as prescribed by this chapter.

PLAT, PRELIMINARY. A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land, as prescribed by this chapter.

RESERVATION. A reservation of land not involving the transfer of property rights in writing and in recordable form. It simply constitutes an obligation to keep property free from development for a stated period of time.

REVIEW OFFICER. The Town Manager or his/her designee who is responsible for reviewing, processing, and assisting in the review of subdivision requests and providing technical assistance in the evaluation of requests.

SHOULDER. The graded part of the right-of-way that lies between the edge of the main pavement, concrete, cement (main traveled way) and the curbline.

SIDEWALK (AREA). A paved, concrete, and/or cement path provided for pedestrian use and usually located at the side of a road within the right-of-way.

SINGLE TIER LOT. A lot which backs upon a limited access highway, a railroad, a physical barrier, or a non-residential use and to which vehicular access from the rear is usually prohibited.

SKETCH PLAN. A written schematic representation of the proposed subdivision layout and design.

STREET. A public dedicated right-of-way for vehicular traffic.

(1) ARTERIAL STREET, or MAJOR THOROUGHFARE. A street connecting widely separated areas and designed to carry a large volume of traffic which may be fast, heavy, or both. Arterial streets are sometimes referred to as Amajor thoroughfares@, Afreeways@, etc., and are usually numbered state and federal highways.

(2) MINOR THOROUGHFARE. See distinction set forth in the Street Classification Table contained in ' 155.71(E).

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(3) COLLECTOR STREET. A street which serves as the connecting street system between local residential streets and the thoroughfare system. (See distinction between Minor and Major in the Street Classification Table contained in ' 155.71(E)).

(4) CUL-DE-SAC. A short street having but one end open to traffic and the other end being permanently terminated and a vehicular turn-around provided.

(5) FRONTAGE ROAD. A street that is parallel to a full or partial access controlled street facility and functions to provide controlled access to adjacent land.

(6) MINOR STREET. A street whose primary function is to provide access to abutting properties and is designed to discourage use by through traffic. Minor streets may also be referred to as Aneighborhood@ streets.

STRUCTURE. Any improvement and/or anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground.

SUBDIVIDER. Any person, firm, entity, partnership, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.

SUBDIVISION. As defined in ' 155.20.

SUBDIVISION REVIEW SHEET. The official document of action concerning all subdivision requests of the Town of Plymouth.

TOWN COUNCIL. The Town Council of Plymouth, North Carolina; the governing board of the municipality of Plymouth, North Carolina.

THOROUGHFARE PLAN. The Thoroughfare Plan as drawn by the North Carolina Department of Transportation as the basis for the development of the transportation road design for the Town of Plymouth.

ZONING CLASSIFICATION. The appropriate zoning designation as set forth in the Municipal Zoning Ordinance of Plymouth, North Carolina.(Ord. passed 7-9-01)

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SUBDIVISION REVIEW PROCEDURES

' 155.60 OVERVIEW.

The following sections outline the steps and design requirements for subdivision plat approval. The procedures are divided into two categories for the purposes of this chapter, major and minor. Each category is defined and procedural requirements are set forth in this subchapter.(Ord. passed 7-9-01)

' 155.61 SKETCH PLAN REVIEW PROCESS.

(A) A sketch plan of a proposed subdivision may, upon the payment of the appropriate fee, be submitted by the subdivider for discussion and consideration by the Planning Board. The town encourages all subdividers to take advantage of this service. The sketch plan shall be drawn to a convenient scale of not more than 100 feet = 1 inch. It must include a general description of the proposed subdivision as well as the following items as may be applicable:

(1) The proposed name, street address, and location of the subdivision with north arrow (the proposed name shall not duplicate the name of any previously recorded subdivision);

(2) The total acreage of the proposed subdivision;

(3) The tentative street and numerical lot arrangement, with proposed street widths;

(4) The name, address, and telephone number of both the owner and the subdivider;

(5) The proposed lot sizes and number of lots;

(6) The existing and proposed uses of the land within the subdivision and adjoining it;

(7) Zoning classification of the tract and adjoining properties;

(8) Sketch vicinity map, if outside the town corporate limits; and

(9) Name, address, telephone number of sketch plan preparer and date of preparation.

(B) The Planning Board or its designee shall, upon the payment of the appropriate fees, review the sketch plan for general compliance with the requirements of this chapter, and any other applicable regulation, ordinance,

and/or statute. The Planning Board or its designee shall provide the subdivider or the subdivider=s designee with a copy of the regulations pertaining to the proposed subdivision and the procedures to be followed in preparation and submission of the preliminary and final plats.(Ord. passed 7-9-01)

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' 155.62 MINOR SUBDIVISION REVIEW PROCESS.

(A) Purpose. The minor subdivision review procedure affords the sale of lots and/or tracts of land which qualify as subdivisions under the definition in state statutes, but which will have little impact on town subdivisions of land which involve no street right-of-way dedication and four lots or less, to be used solely for residential development, may follow the abbreviated procedure, which only requires that a final plat be submitted for approval. No more than four lots under one owner from one tract shall be eligible for consideration under the abbreviated procedure in any five year period.

(B) Definition. A MINOR SUBDIVISION shall be defined as a subdivision of property that conforms to the following conditions:

(1) Involves no more than four lots (expressed or planned) fronting on an existing approved street; or

(2) Not involving any new street, either on periphery of property or for prospective interior access; and

(3) Not requiring extension of public water and/or sewage lines; and

(4) Not requiring creation of new drainage easements through property to serve property the rear; and

(5) Does not create any new or residual parcels that do not confirm to the requirements of the Plymouth Municipal Zoning Ordinance and this chapter; and

(6) Does not constitute an enlargement or extension of a previously approved minor plat (by county or town) above four lots maximum. The fifth lot (expressed or planned) constitutes a major subdivision.

(C) Plat review.

(1) The subdivider shall submit to the Zoning Administrator five copies of the proposed final plat, and five copies of a completed and signed application, accompanied by a filing fee of $100.

(2) Content of plat. The minor subdivision final plat shall be prepared and sealed by a North Carolina Professional Registered Land Surveyor. It shall be drawn to the scale of one inch to 100 feet. Sheet sizes shall be no smaller than 12 inches by 18 inches, and no larger than 18 inches by 24 inches, and in accordance with the standards and practices of the Washington County Register=s Office. Three copies of the final plat shall be drawn on reproducible Mylar. The plat shall contain the following information:

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(a) The proposed subdivision name, address and location with the boundaries, north point, legend, date, revision date, and purpose if applicable, scale, title block, and certifications. The proposed name shall not duplicate the name of any previously recorded subdivision;

(b) The name(s), address(es) of the land owner(s), subdivider, mortgagee, North Carolina Professional Registered Land Surveyor, as well as the telephone numbers of any other professionals engaged in the design of the subdivision;

(c) The existing and proposed uses of the land within the subdivision, and adjoining it, along with any structures contained thereon, if located within an area of special flood hazard, as identified by the Federal Emergency Management Agency, the location of the base flood elevation shall be indicated. A drainage plan and calculations, including description of the effects of a 100-year storm;

(d) Zoning classification(s) of the tract, which is the subject matter of the subdivision, as well as the zoning classification(s) of adjoining properties;

(e) Sketch vicinity map showing the location of the subdivision in relation to surrounding area;

(f) The total acreage of the proposed subdivision and layout of lot arrangement, including block/lot lines, block/lot dimensions, and block/lot numbers;

(g) Plans for proposed utility layouts, including sanitary sewers, storm sewers, water distribution lines, street lighting, gas, telephone electric service, illustrating connections to existing systems, or plans for individual water supply systems and/or sewer disposal systems, showing line size, and location of fire hydrants and manholes;

(h) Wooded areas and/or farm lands proximate to the proposed subdivision;

(i) Proposed rights-of-way or easements, location, width and/or purpose;

(j) Plat shall be accompanied by a copy of any proposed deed restrictions or restrictive covenants;

(k) Each subdivision within town limits shall be located within 500 feet of at least a six inch (6") water line and fire hydrant (size to be determined by the Fire Chief and/or Town Engineer). All fire hydrants shall be installed in accordance with the town=s existing policy.

(l) Certificate of ownership and dedication. The following shall be placed on the final plat and signed by the owner(s) of the subdivision:

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I (We), hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of subdivision with my (our) free consent; established minimum building setback lines, and dedicate all streets, alleys, walks, parks, and other sites and easements to public or private use as noted. Furthermore, I (we) dedicate all sewer and water lines to the Town of Plymouth and certify the land as shown hereon is within the planning jurisdiction and subject to the subdivision ordinance of the Town of Plymouth, North Carolina.

Date Owner(s)

Date Owner(s)

North Carolina, Washington CountyI, a Notary Public of the County and State aforesaid, certify that the owner(s) listed above personally appeared before me this day and acknowledge the execution of the foregoing instrument, witness my hand and official stamp or seal, this day of , .

Notary Public

My Commission Expires:

(m)Certificate of Review Officer.

North Carolina, Washington CountyI, , Review Officer of Washington County, certify that this map or plat to which this certification is affixed meets all statutory requirements for recording.

Date Review Officer

Map: Book:

(n) Certificate of accuracy.

I, , certify that this plat was drawn under my supervision form (an actual survey made under my supervision) (deed description recorded in Book , Page , etc.) (other); that the ratio of precision as calculated by latitudes and departures is 1/ ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book , Page ; that this plat was prepared in accordance with G.S. ' 47-30 as amended. Witness my original

signature, registration number, and seal this day of (2001, etc.).

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Surveyor

Seal or Stamp

Registration Number

(o) Certificate of approval of the design and installation of streets, utilities and other required improvements.

I hereby certify that all streets, utilities and other required improvements have been installed in an acceptable manner and according to town specifications in Subdivision.

Date Zoning Administrator

(p) Coastal Area Management Act Certificate.*

The area designated hereon is in part located within, is in totality (located within/is not located within) an Area of Environmental Concern, and (requires/does not require) a CAMA Permit prior to construction of improvements.

Date Coastal Area Management Act Permit

Officer

*This certification, depending on the circumstances, may or may not be applicable.

(D) Review process (approval/disapproval).

(1) The final plat shall be reviewed by the Zoning Administrator, or other members of the town staff, and the town=s consulting engineer for plat compliance with this chapter and with other applicable state, county, and municipal ordinances. The Town Manager, at the request of the Zoning Administrator, or own his/her own initiative may retain appropriate professionals to check the final plat for technical compliance with appropriate statutes, regulations, or ordinances, charging the cost to the subdivider.

(2) The Zoning Administrator shall check the plat for compliance with town ordinances, and distribute prints of the proposed subdivision to any governmental agency or agencies having a specific interest in the subdivision for their comments or recommendations, including where applicable but not limited to the Washington County Health Department, North Carolina Department of Transportation, the Land Resources Division of the North Carolina Department of

Environment and Natural Resources, the USDA Natural Resources Conversation Service, the U.S. Postal Service, Washington County Building Inspections, Washington County Schools, Plymouth Fire Chief, Plymouth Police Chief, Plymouth Town Manager, other appropriate Plymouth Staff, and CSMD (sewage capacity).

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(3) Within 30 working days of receipt of the application for the proposed final plat, and appropriate fee, the Zoning Administrator shall send his recommendations to the Town Manager for approval, approval with conditions, or disapproval of the final plat. If the final plat is in compliance with this chapter, the Town Manager or the Town Planner shall approve the plat with or without conditions.

(4) If the Town Manager disapproves the final plat, he/she shall state in writing his/her reasons for such action, specifying the provisions of this chapter with which the plat does not comply. One copy of this statement shall be transmitted to the subdivider within five working days of disapproval; and one copy each shall be retained by the Zoning Administrator and the Town Manager as part of this proceeding.

(5) Appeal from the Town Manager=s ruling shall be by petition to the Town Council to be heard at their regularly scheduled meeting following the Town Manager=s written ruling.

(6) The original tracing and one paper print of the final plat shall be returned to the subdivider. One paper print shall be retained in the Town Manager=s office.

(7) The subdivider shall file the approved final plat with the Washington County Register of Deeds for recording within 60 business days after the date of final approval; otherwise, such approval shall be null and void. Additionally, one copy of the final plat shall be an original drawn in ink on linen or film, suitable for reproduction. Four copies shall be black or blue line print, and shall also be on diskette in DXF (Digital Exchange Format), version CAD 14 or the electronic format compatible to existing town requirements. No Zoning Compliance Certificates will be issued until the provisions of this section are complied with.

(8) The approval of a final plat shall not be deemed to constitute or affect the acceptance by the town of any dedication shown on the plat. However, the Town Council, by resolution, may accept any dedication made to the public of lands or facilities for parks or other public purposes, when the lands or facilities are located within its subdivision regulation jurisdiction. Acceptance of dedication of lands or facilities located within the subdivision regulations jurisdiction shall not place on the town any duty to open, operate, repair or maintain the land or facility.

(9) Any minor subdivision approved and filed pursuant to this subsection shall be reported in writing to the Planning Board and Town Council within 60 days of its filing with the County Register=s Office by the Town Planner/Zoning Administrator or Town Manager.(Ord. passed 7-9-01)

' 155.63 MAJOR SUBDIVISION REVIEW PROCESS.

(A) Purpose. The Major Subdivision review process provides for a more comprehensive analysis of the proposed subdivision. The process is lengthier and more involved due to the likely impact of a larger subdivision on the town, its surroundings, resources, utilities, infrastructure, service requirements,

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environment, and roadways, both proposed and existing, all of which must be carefully reviewed and analyzed. The review process allows for determining and minimizing any adverse affects and assures quality development.

(B) Definition. Major subdivisions shall include any subdivision other than that which meets the definition of minor subdivision. (See ' 155.62(B))

(C) Preliminary plat review (i.e., number of copies, fee, and time frame).

(1) The owner, subdivider, and/or his/her agent shall pay the fee, and submit 15 copies of the application, preliminary plat, and any supplementary materials to the Zoning Administrator at least 35 business days prior to the Planning Board meeting at which said plat is to be considered.

(2) Content of plat. The preliminary plat shall be prepared and sealed by a North Carolina Professional Registered Land Surveyor. It shall be drawn to the scale of one inch to 100 feet. Sheet sizes shall be no smaller than 12 inches by 18 inches, and no larger than 18 inches by 24 inches, and in accordance with the standards and practices of the Washington County Register=s Office. The plat shall contain the following information:

(a) The proposed subdivision name, the boundaries, north point, legend, date, revision date, and purpose if applicable, scale, title block, and certifications. (The proposed name shall not duplicate the name of any previously recorded subdivision.)

(b) The name(s), address(es) of the land owner(s), subdivider, mortgagee, North Carolina Professional Registered Land Surveyor, as well as the telephone numbers of any other professionals engaged in the design of the subdivision.

(c) The existing and proposed uses of the land within the subdivision, and adjoining it, along with any structures contained thereon, if located within an area of special flood hazard, as identified by the Federal Emergency Management Agency, the location of the base flood elevation shall be indicated. A drainage plan and calculations, including description of the effects of a 100-year storm.

(d) The location of existing and platted property lines, streets, buildings, water courses, railroads, transmission lines, sewers, bridges, culverts, storm drains, water mains, and any public utility easements, both on the land subdivided and on the land immediately adjoining.

(e) The boundary lines of the tract to be subdivided drawn accurately with all bearings and distances shown.

(f) Existing structures and wooded areas and/or farmland areas, marshes, and any peculiar, natural conditions affecting the site and/or proximate to the proposed subdivision.

(g) Name(s) and addresses) of adjoining property owners or subdivisions.

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(h) Zoning classification, with use, if any, both of the land to be subdivided and of adjoining land.

(i) Existing and proposed lines of streets, lots, easements, reservations, dedications, and public or common areas within the subdivision, and sufficient information to determine the location, direction, and length of every street, cul-de-sac, lot line, easement, reservation, dedication, and boundary line, and to establish those lines on the ground.

(j) The total acreage of the proposed subdivision and layout of lot arrangement, including lot and block lines, lot dimensions, and block and lot numbers;

(k) Proposed streets, existing and platted streets on adjoining properties, and in the proposed subdivision, designated either public or private, indicating right-of-way and/or easement depths, pavement widths, and centerline curve or corner radius data, including site distances, and typical street cross sections.

(l) Plans for proposed utility layouts, including sanitary sewers, storm sewers, water distribution lines, street lighting, telephone electric service, illustrating connections to existing systems, or plans for individual water supply systems and/or sewer disposal systems, showing line size accompanied by preliminary approval from Washington County Health Department, and location of fire hydrants and manholes; Each subdivision within town limits shall be located within 500 feet of at least a six inch water line and fire hydrant (size to be determined by the Fire Chief and/or Town Engineer). All fire hydrants shall be installed in accordance with the town=s existing policy.

(m)Other proposed rights-of-way or easements, location, width, or purpose.

(n) Proposed minimum building setback lines.

(o) Contours with vertical intervals of two feet or less.

(p) Proposed location and size of parks, school sites, or other public open spaces, if any.

(q) Sketch vicinity map showing relationship between subdivision and surrounding area.

(r) The preliminary plat shall be accompanied by a copy of any proposed deed restrictions or restrictive covenants.

(s) The location of all Areas of Environmental Concern (AEC) within the subdivision.

(D) Review by interested agencies. The Zoning Administrator shall check the plat for compliance with town ordinances and distribute prints of the proposed subdivision to any governmental agency or agencies having a specific interest in the subdivision for their comments or recommendations, including where applicable but not limited to the Washington County Health Department, the North Carolina

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Department of Transportation, the Land Resources Division of the North Carolina Department of Environment and Natural Resources, the USDA Natural Resources Conversation Service, the U.S. Postal Service, Washington County Schools, Fire Chief, Police Chief, Town Engineer, other appropriate town staff; Planning Board Chairman, County Water Management Supervisor (applicable only in extraterritorial jurisdiction), and Local CAMA Permit Officer to determine if the property lines are within designated Area of Environmental Concern (AEC) and the permits which are applicable. The Zoning Administrator shall consolidate such recommendations and present them, together with his own, to the Planning Board.

(E) Planning Board review. The Planning Board shall review the preliminary plat and shall recommend approval, conditional approval with recommended changes or disapproval with reasons. The Zoning Administrator shall then request the Town Clerk to place the Planning Board review of the preliminary plat on the agenda of the next regular meeting of the Town Council.

(F) Review by Town Council. The Town Council shall review the preliminary plat with the recommendations of the Planning Board and shall approve, conditionally approve, or disapprove the plat within 90 business days after submission. If the Town Council fails to act within 90 business days, the plat shall be deemed approved.

(1) Approval. If the Town Council approves the preliminary plat, such approval shall be noted on three copies of the plat, one copy to be returned to the subdivider and two copies to be kept in the permanent records of the Planning Department and Town Manager=s Office.

(2) Conditional approval. If the Town Council recommends approval of the preliminary plat conditioned on modifications being made to bring the plat into compliance, it shall retain two copies of the originally submitted preliminary plat with its certificate that the plat will be approved when the conditions noted are met and shall return one copy to the subdivider with its written conditions for approval. The subdivider shall have 60 business days in which to make the changes needed to bring the plat into compliance. The subdivider shall submit three copies of the corrected plat to the Zoning Administrator who will review it to ensure that the recommended changes have been made and who will place review of the corrected plat on the agenda for the next Town Council meeting. If the preliminary plat has been properly amended, the Town Council will certify the plat as approved. If the subdivider fails to resubmit the plat within 60 business days or has not submitted a plat with adequate modification as required by the Town Council within 60 business days, then the subdivider must resubmit a proper preliminary plat to the Zoning Administrator and begin the preliminary plat approval process again, including payment of fees, before approval can be given.

(3) Disapproval. If the preliminary plat is disapproved by the Town Council, the reasons for such disapproval shall be stated in writing, specifying the

provisions of this chapter with which the subdivider has not complied in the preparation of his/her plat. One copy of such reasons and one copy of the plat shall be retained in the permanent records of the Town Council. One copy of the reasons and one copy of the plat shall be returned to the subdivider. A subdivision plat resubmitted after being disapproved by the Town Council shall be treated as a newly submitted plat, and begins the preliminary plat approval process again, including payment of fees.

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(G) Final plat review.

(1) Submission required within 12 months. Within 12 months after approval of the preliminary plat, the subdivider or his agent shall submit to the Zoning Administrator five copies of the final plat, unless an extension of time for submission of the final plat is requested from and allowed by the Planning Board. If a final plat is not submitted or extension of time allowed within 12 months of approval of the preliminary plat, the preliminary plat shall become null and void.

(2) Content of plat. The final plat shall be prepared and sealed by either a North Carolina registered surveyor or engineer. The final plat shall be drawn at a scale of one inch to 100 feet or larger, on sheets 20 inches by 24 inches, and shall conform to the preliminary plat as it was approved. One copy of the final plat shall be an original drawn in ink on linen or film suitable for reproduction. Four copies shall be black or blue line prints, and shall also be on diskette in DXF (Digital Exchange Format), Version CAD14 or the electronic format compatible to existing town requirements. The final plat shall show the following information:

(a) The exact boundary lines for the tract to be subdivided fully dimensioned by length and bearings, and the location of intersecting boundary lines of adjoining lands, with adjacent subdivisions identified by official names and recording data.

(b) The accurate locations and descriptions of all monuments, markers, and control points.

(c) Sufficient engineering data to determine readily and reproduce on the ground every straight or curved boundary line, street line, lot line, right-of-way line, easement line, and setback line, including dimensions, bearings, or deflection angles, radii, central angles and tangent distances for the center line of curved streets and curved property lines that are not the boundary of curved streets. All dimensions shall be measured to the nearest 1/100 of a foot and all angles to the nearest 30 seconds.

(d) The location, with a metes and bounds description, of all rights-of-way, reservations, easements, and areas to be dedicated to public use with the purpose of each stated.

(e) The accurate location, purpose, and dimensions of areas to be used for purposes other than residential and public.

(f) The blocks numbered consecutively throughout the entire subdivision and lots with dimensions numbered consecutively throughout each block.

(g) Right-of-way lines, widths, pavement widths, and names of all streets and location and widths of all adjacent streets and easements.

(h) The name of the subdivision, the names and addresses of the owner/subdivider and North Carolina registered engineer or surveyor, and any other professional engaged in the plan design.

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(i) The date of the survey and plat preparation, a north arrow indicating whether true north or magnetic, graphic scale, legend, title block, revision dates, if any, and purpose.

(j) The deed restrictions proposed for the subdivision must accompany the final plat, if any.

(k) A statement explaining the status of the streets and a copy of any maintenance agreement regarding streets shall be submitted with the final plat.

(l) Sketch vicinity map showing the location of the subdivision in relation to the surrounding area.

(m)Proposed minimum building setback lines.

(n) Proposed location and size of parks, school sites, or other open public spaces, if any.

(o) Any other information considered by either the subdivider or the Planning Board to be pertinent to the review of the final plat.

(p) The location of all Areas of Environmental Concern (AEC) within the subdivision.

(q) The following signed certificates shall appear on each of the five copies of the final plat that are submitted to the Planning Board by the subdivider.

1. Certificate of ownership and dedication. The following shall be placed on the final plat and signed by the owner(s) of the subdivision:

I (We), hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of subdivision with my (our) free consent; established minimum building setback lines, and dedicate all streets, alleys, walks, parks, and other sites and easements to public or private use as noted. Furthermore, I (we) dedicate all sewer and water lines to the Town of Plymouth and certify the land as shown hereon is within the planning jurisdiction and subject to the subdivision ordinance of the Town of Plymouth, North Carolina.

Date Owner(s)

Date Owner(s)

North Carolina, Washington CountyI, a Notary Public of the County and State aforesaid, certify that the owner(s)

listed above personally appeared before me this day and acknowledge the execution of the foregoing instrument, witness my hand and official stamp or seal, this day of , .

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Notary Public

My Commission Expires:

2. Certificate of approval for recording. The following certificate shall be placed on the final plat for endorsement by the Town Clerk:

I hereby certify that the subdivision plan shown hereon, has been found to comply with the subdivision ordinances of the Town of Plymouth, and further, that this plan has been approved by the Town Council for recording in the office of the Register of Deeds of Washington County within thirty (30) days of the date of this certificate.

Date Town Clerk

Seal

3. Certificate of Review Officer.

North Carolina, Washington CountyI, , Review Officer of Washington County, certify that this map or plat to which this certification is affixed meets all statutory requirements for recording.

Date Review Officer

Map: Book:

4. Certificate of accuracy.

I, , certify that this plat was drawn under my supervision form (an actual survey made under my supervision) (deed description recorded in Book , Page , etc.) (other); that the ratio of precision as calculated by latitudes and departures is 1/ ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book , Page ; that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, registration number, and seal this day of ,(2001, 2002, etc.).

Surveyor

Seal or Stamp

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Registration Number

5. Certificate of approval of the design and installation of streets, utilities and other required improvements.

I hereby certify that all streets, utilities and other required improvements have been installed in an acceptable manner and according to town specifications in Subdivision.

Date Town Manager

6. Certificate of public street design approval.*

I (We) hereby certify that the design of the proposed subdivision street(s) shown on this plat complies with the current minimum construction standards for subdivision roads of the North Carolina Department of Transportation, Division of Highways/Town of Plymouth.

Date District/Town Engineer


7. Street maintenance disclosure.*

Maintenance of the public street(s) shown on this plat is (are) intended to be the responsibility of the N.C. Department of Transportation/Town of Plymouth, provided that all requirements for acceptance are met. Until such time as the N.C.D.O.T./Town of Plymouth accepts the street(s), I (we) will provide for necessary maintenance. (NOTE: This statement shall not serve as a substitute for any other statutory disclosure requirements.)

Date Owner(s)


8. Coastal Area Management Act Certificate.*

The area designated hereon is in part located within, is in totality (located within/is not located within) an Area of Environmental Concern, and (requires/does not require) a CAMA Permit prior to construction of improvements.

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Date Coastal Area Management Act Permit

Officer


No final plat shall be approved until the subdivider has installed in the area represented on the final plat all improvements required by this chapter, including, but not limited to, the plans for utility layout, sanitary sewers, storm sewers, water distribution lines, natural gas, telephone and electric service, illustrating connections to existing systems or plans for individual water supply systems and/or sewerage disposal systems. Plans must show line sizes, the location of fire hydrants, blowoffs, manholes pumps forcemains and gate valves, or shall have guaranteed their installation as provided in this Code. No property shall be sold or deed registered by the Washington County Register of Deeds before the subdivider provides a proof of filing to the Town Council that as-built plans have been filed with the Town Clerk and a final plat has been approved and recorded in the Registry of Deeds pursuant to this chapter.

(3) Improvements installed before approval. In lieu of prior completion of the improvements, the town may, for the purpose of approving a final plat, accept a guarantee from the developer that improvements shown on the preliminary plat will be completed at the expense of the developer. The guarantee provided by the developer to the town will be one of the following:

(a) A surety bond made by a surety company licensed to do business in North Carolina;

(b) A certified check drawn in favor of the town;

(c) Cash deposited with the town;

(d) An irrevocable letter of credit (in form and content approved by the town).

(4) Such guarantees shall equal 125% percent of the cost of improvements as determined by a North Carolina registered professional engineer and verified by the town=s consulting engineer. Performance guarantees shall be approved by the Planning Board and the Town Council. Guarantees shall run for 18 months. As 25%, 50%, 75% and 100% of the project is completed, a corresponding percentage of the guarantee may be released.

(H) Bond guaranteeing improvements required. In addition, the town shall require a bond guaranteeing utility taps, curbs, gutters, sidewalks, drainage facilities, electric, water and sewer lines, and other improvements against defects for one year. This bond shall be in an amount determined by the Planning Board and shall be in cash or be made by a Surety Company authorized to do business

in North Carolina.

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(I) Planning Board review. The final plat shall be reviewed by the Planning Board for conformance to the approved preliminary plat within 25 days of its submission or at its next regular meeting, whichever is later. The Planning Board may appoint an engineer to check the final plat against the subdivision=s actual layout for correctness, charging the costs to the subdivider.

(J) Approval of final plat. If the final plat is in compliance with this chapter or the Planning Board approves the change made from the approved preliminary plat, the Planning Board shall approve the final plat. Such approval shall be indicated on each copy of the plat by the following signed certification.

Certificate of Approval for Recording

I/We, hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations of the Town of Plymouth, North Carolina, and that this plat has been approved by the Planning Board of the Town of Plymouth for recording in the office of the Register of Deeds of Washington County.

Date Chairman of Plymouth Planning Board

Upon execution of the afore referred Certificate of Approval for Recording, the Planning Board shall forward the plat to the Town Council for review and disposition prior to the Town Clerk executing his/her Certificate of Approval for Recording.

(K) Disapproval of plat. If the Planning Board recommends disapproval of the final plat, the reasons shall be stated in writing, specifying the provisions of this chapter with which this plat does not comply. One copy of this statement shall be transmitted to the subdivider within 15 business days of recommended disapproval. One copy of the statement and one copy of the final plat shall be retained by the Planning Board as part of its permanent record and one copy of the statement and plat shall be forwarded to the Town Council for review and disposition.

(L) Final plat recordation. The subdivider shall file the approved final plat with the Washington County Register of Deeds within 60 days after the date of the Planning Board approval; otherwise, such approval shall be null and void. One copy of the approved final plat marked filed by the Washington County Register of Deeds shall be returned to the Town Manager to be kept in the town=s permanent files.(Ord. passed 7-9-01)

' 155.64 SUBDIVISION REVIEW AND ADMINISTRATIVE CONTROL.

(A) Administrative officer. The Town Manager will act as the primary

administrative and review officer in the implementation of this chapter.

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(B) Subdivision review sheet. The form provided in ' 155.65 will act as the primary tool in the review of all subdivisions and the execution of steps involved in the implementation of this chapter.(Ord. passed 7-9-01)

' 155.65 SUBDIVISION REVIEW SHEET.

Subdivision # Origination Date

TOWN OF PLYMOUTHSUBDIVISION REVIEW SHEET

I. GENERAL DATA

A. NAME OF OWNER PHONE ADDRESS

B. NAME OF APPLICANT PHONE ADDRESS

C. ADDRESS, TAX ID NUMBER, PIN NUMBER, AND GENERAL LOCATION OF SUBDIVISION

D. TOTAL ACREAGE E. NUMBER OF LOTS F. TAX MAP (IDENTIFIER NUMBER) G. ZONING (IDENTIFIER CLASS) H. ADJOINING PROPERTY HOLDERS

Name Address

Name Address

Name AddressI. GENERAL DESCRIPTION OF PROPOSED DEVELOPMENT J. CONTACTS

ATTORNEY PHONE ADDRESS SURVEYOR PHONE ADDRESS OTHER PHONE ADDRESS

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II. TYPE OF SUBDIVISION

MAJOR [More than four (4) lots] Yes NoMINOR [Four (4) lots or less] Yes No

III. TYPE OF RESIDENTIAL DEVELOPMENT

MULTI-FAMILY UNITS Yes NoSINGLE-FAMILY UNITS Yes NoMIXED RESIDENTIAL Yes No

IV. CONDITIONS FOR APPROVAL

CONFORMANCE WITH ZONING PLAN Yes No

V. REVIEW PROCESS

A. SKETCH PLAT Approved Date Approved Conditionally Date Disapproved Date

Date of Submittal Nature of Revisions (if applicable)

B. PRELIMINARY PLAT Approved Date REVISIONS Approved Conditionally Date

Disapproved Date Date of Submittal Nature of Revisions (if applicable)

C. FINAL PLAT Approved Date REVISIONS Approved Conditionally Date

Disapproved Date Date of Submittal Nature of Revisions (if applicable)

VI. FINAL DISPOSITION

PLANNING BOARD ACTIONApproved By Planning Board Date Approved Conditionally By Planning Board Date Disapproved By Planning Board Date

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TOWN COUNCIL ACTIONApproved By Town Council Date Approved Conditionally By Town Council Date Disapproved By Town Council Date

OTHER ACTION

REVIEW OFFICER DATE (Ord. passed 7-9-01)

DESIGN AND CONSTRUCTION STANDARDS

' 155.70 GENERAL.

(A) Each proposed subdivision shall include and contain the improvements specified in this subchapter, the Town Zoning Ordinance, applicable municipal ordinances, and state statutes, to the extent required. They shall be installed in accordance with the requirements of this chapter and as stated in the sentence immediately next preceding, and paid for by the subdivider, unless other means of financing is specifically stated in this chapter or the regulations set forth previously in this paragraph. Land shall be dedicated and reserved in each subdivision as may be required by the town. Each subdivision shall adhere to the design standards established by the town, as enunciated in this chapter and the Zoning Ordinance of the town, and other municipal ordinances to the extent applicable.

(B) The subdivider shall observe all design standards for land subdivision as herein provided and provided elsewhere in applicable municipal ordinances and state statutes/regulations. These standards shall be considered minimum standards and shall be varied from or waived only as provided in '' 155.60 through 155.65.

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(C) Land that the municipality finds to be unsuitable for subdivision or development due to flooding, environmental concerns, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features that will reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless and until adequate methods are formulated by the developer and approved, in writing, by the Town Planning Board and Town Council, upon written recommendation of the Town Engineer, to solve the problems created by the unsuitable conditions. Such land shall be set aside for uses as shall not involve any danger to public health, safety, and welfare.

(D) Design guides.

(1) Minimum lot size. All lots created after the date of adoption of this chapter shall conform to or exceed a minimum lot size as required by the Town Zoning Ordinance, and other applicable municipal ordinances, as amended and supplemented.

(2) Mitigation. Design and construction shall reduce, to the extent reasonably possible, the following:

(a) Volume of cut and fill;

(b) Area over which existing vegetation will be disturbed; especially on land adjoining a wetland, river, pond, or stream, or overlying easily eroded soils;

(c) Number of mature trees or percentage of tree cover removed;

(d) Extent of waterways altered or relocated;

(e) Number of driveways exiting onto existing streets;

(f) Alteration of groundwater or surface water elevations or chemical constituents;

(g) Disturbance of important wildlife habitats, outstanding botanical features, and scenic or historic envisions; and

(h) Soil loss or instability during and after construction (as per G.S. ' 113A-50).

(3) Enhancement. Design and construction shall increase, to the extent reasonably possible, the following:

(a) Vehicular use of collector streets to avoid traffic on streets providing house frontage;

(b) Visual prominence of natural features of the landscape;

(c) Legal and physical protection of views from public streets.

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(E) Access adequacy. Every lot shall have access to it that is sufficient to afford a reasonable means of ingress and egress for emergency vehicles as determined by the Fire Chief and Police Chief, as well as for all those likely to need or desire access to the property in its intended use.

(F) Easements. Easements shall be provided as follows:

(1) Utility easements. Written easements, with metes and bounds descriptions, for underground utilities shall be provided, where necessary, in or adjacent to street right-of-ways and shall be at least ten feet wide for municipal utilities, including but not limited to, water, sanitary sewer and electric lines, and as required by the companies involved for other utilities. Easements shall be provided where necessary along lot lines. The Town Council will determine whether one easement is sufficient or whether several easements are necessary to accommodate the various utilities and the subdivider shall provide the required easements at no cost to the town. These requirements may be modified only by written approval from the Town Council where a Planned Unit Development is involved.

(2) Drainage easements. Where a subdivision is traversed by a watercourse, drainage way, channel, swale, stream, or contains a water storage area or facility, there shall be provided, at no cost to the town, a storm water easement or drainage right-of-way of adequate width to conform substantially to the lines of said feature, and to provide for the possibility of flooding, protection of banks on adjacent properties, future maintenance and/or construction, and other necessary purposes. The width of said easement and/or right-of-way will be determined by the town in so far as sufficiency for its/their intended purposes. To the extent practicable, easements shall be Aalong lot lines.@

(3) Access, maintenance, and/or construction easements. The town, in the interest of its public health, safety, and welfare, may as a condition of approving a subdivision, require a permanent access, maintenance, and/or temporary construction easement on and over the property, which is the subject matter of the subdivision. The obtaining of these easements, as may be required, shall be at no cost to the town.

(4) Type of easement. All easements as depicted on a preliminary and/or final plat shall be so delineated on the preliminary and/or final plat as to the type of easement and shall contain a metes and bounds description.

(5) Easements, appurtenances/utility boxes and/or related structures. Where utility boxes or easement appurtenances and/or related structures are deemed necessary, it shall not be located directly in front of the dwelling, and shall be screened by plantings, blocking their view from both dwelling and street. Said planting and/or screening is the obligation of the developer and/or purchaser of the property, and shall be installed prior to the Certificate of Occupancy being issued.(Ord. passed 7-9-01)

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' 155.71 STREETS.

(A) To insure consistent quality and long-term maintenance, all streets or roads created after the date of this chapter shall be paved and dedicated as public streets or roads. The streets or roads shall conform to the minimum construction standards for subdivision roads as described by the North Carolina Department of Transportation Minimum Construction Standards for Subdivision Roads promulgated 2000 or later and/or with town requirements, whichever of the two is more stringent.

(B) Where the offer of dedication of a street is not to be accepted by the town or the state, at substantially the same time as the final plat approval, a written agreement with provisions acceptable to the Town Council for maintenance of the street shall be executed and made a part of the preliminary plat by being included by reference therein.

(C) All streets shown on the final plat shall be designated in accordance with G.S. ' 136-102.6, as amended and supplemented, and designation as public shall be conclusively presumed an offer of dedication to the public. Where streets are dedicated to the public but not accepted into a municipal or state system, a written statement explaining the status of the streets shall be included with the final plat.

(D) Design and layout (temporary streets, during construction, and permanent streets). The arrangement, character, extent, width, grade, and location of all streets shall be considered in their relation to existing and planned streets, to topographical and soil conditions, to public convenience and safety and in their appropriate relation to the proposed use of the land to be served by such streets.

(1) Coordination with surrounding streets. The proposed street layout within a subdivision shall be coordinated with the existing street system of the surrounding area and where possible, existing principle streets shall be extended.

(2) Access to adjacent property. Where the subdivision adjoins property susceptible to being subdivided, streets shall be carried to the boundaries of the tract proposed for subdivision. Temporary turn-arounds shall be provided. Reserve strips prohibiting access to streets or adjoining property shall not be permitted.

(3) Street intersections.

(a) Streets shall be laid out so as to intersect as nearly as possible at right angles. No street shall intersect any other street at less than 60 degrees.

(b) Centerline offsets for intersecting streets shall not be less than 150 feet.

(c) Through traffic discouraged on minor collector, frontage road, and local streets. Local streets shall be laid out in such a way that their use by through traffic will be discouraged. Streets shall be designed or walkways dedicated to assure convenient access to parks, playgrounds, schools, or other places of public assembly.

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(4) Cul-de-sacs. Permanent dead-end streets shall not exceed 500 feet in length unless necessitated by topography or property accessibility and in no case shall be permitted to be over 900 feet. Measurement shall be from the point where the centerline of the dead end street intersects with the center of a through street to the center of the turn-around of the cul-de-sac. Where one cul-de-sac intersects with another cul-de-sac, the end of each cul-desac shall be no more than 500 to 900 feet from a through street, measured as stated above. The distance from the edge of the pavement on the vehicular turn-around to the right-of-way line shall not be less than the distance from the edge of the pavement to the right-of-way line on the street approaching the turn-around. Cul-de-sacs shall not be used to avoid connection with an existing street or to avoid the extension of an important street.

(5) Half streets. Half streets (i.e., streets of less than the full required right-of-way and pavement width) shall not be permitted except where such streets, when combined with a similar street (developed previously or simultaneously) on property adjacent to the subdivision creates or comprises a street that meets the right-of-way and pavement requirements of this chapter.

(6) Block standards. Block lengths, widths and areas within bounding roads shall be such that:

(1) Adequate building sites suitable to the contemplated zoning use are provided;

(2) Minimum lot dimensions are as set forth in municipality zoning ordinance; and

(3) Lengths between intersecting stretches do not exceed 1,200 feet or are not less than 400 feet.

(4) Sufficient widths are provided to allow two tiers of lots except where single-tier lots are required to separate development from through traffic, water areas, common areas or public property.

(7) Lot standards. Lots shall be designed such that:

(1) Locally designated minimum lot dimensions as set forth in municipal zoning ordinances are met or exceeded as to each lot. Conformity to this zoning requirement means, amongst other things, that the smallest lot in the subdivision must meet all the dimensional requirements of the zoning ordinance. It is not sufficient merely for the average lot to meet the zoning requirements; and

(2) Double frontage lots shall be avoided except where essential to provide residential separation from through traffic or other incompatible uses.

(8) Driveways. Driveways shall be developed according to the N.C.

Department of Transportation=s APolicy on Street and Driveway Access on North Carolina Highways@ and/or town regulations, as amended and supplemented, whichever is applicable and/or more stringent.

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(9) Street names and house numbers. Street names shall be assigned by the developer subject to the pre-approval of the Town Manager and approval of the Washington County 9-1-1 Emergency Management as to names and numbers. Proposed streets that are obviously in alignment with existing streets shall be given the same name. Newly created streets shall be given names that neither duplicate nor are phonetically similar to existing streets within the town=s planning jurisdiction, regardless of the use of different suffixes. Building numbers shall be assigned by the town.

(10)Sidewalks. Sidewalks may be required by the Town Council on one or both sides of the street in areas likely to be subject to heavy pedestrian traffic such as near schools and shopping areas. Such sidewalks shall be constructed to a minimum width of four feet, and shall consist of a minimum thickness of four inches of concrete. Alternatively, an area sufficient in size for sidewalks is to be dedicated on the plan, which is to be recorded. All sidewalks shall be placed in the right-of-way, unless the development is platted as a planned unit or group development. Sidewalks shall consist of a minimum of six inches of concrete at driveway crossings.

(11)Street name signs. The subdivider shall be required to provide and erect, at no cost to the town, street name signs to town standards at all intersections within the subdivision. No Zoning Compliance Certificates shall be issued by the town until the street name signs are installed at no cost to the town, as required by this section.

(E) Classification. Streets within a subdivision shall be classed as noted in the Construction Standards for Subdivision Roads as promulgated 2000 or later by N.C. Department of Transportation and/or town regulations, whichever is applicable and/or more stringent.

(F) Street and drainage requirements. Streets shall be constructed with curb(s) and gutter(s) according to the Standards set by N.C. Department of Transportation, and/or the Town Engineer and approved, in writing, by the Planning Board. However, the Planning Board may permit six foot-wide shoulders and drainage swales in situations where topographic conditions make the installation of curb(s) and gutter(s) impermissible and/or highly impractical. The shoulder(s) and drainage swale(s) shall be approved, in writing, by the Town Council or its designee.

(G) Private streets. Except as provided in this section, all lots created after the effective date of this chapter shall abut a public street. No new final plat shall be recorded showing private streets.

(H) Construction. The design and construction of all streets within the jurisdiction of this chapter shall be in accordance with the accepted policies of the N.C. Department of Transportation (D.O.T.). The standards contained in the most recent edition of the D.O.T.=s AConstruction Standards for Subdivision Roads@ shall apply for any items not included in this chapter, or where stricter

than this chapter.

(1) Clearing and grubbing. Clearing and grubbing shall be performed to remove stumps, brush, roots, and like material from the area of the traveled way, shoulder, sidewalks, utility trenches, but elsewhere wherever feasible, as determined by the town, existing vegetation shall be protected.

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(2) Grading. Rights-of-way and roadways shall be graded in accordance with the standards and specifications of the D.O.T.=s, AMinimum Construction Standards for Subdivision Roads,@ as amended and supplemented, shall apply for any items not included in this chapter, or where stricter than this chapter.

(3) Street base. All roadways shall be improved with a base course to the required width of the D.O.T. All construction and materials shall meet the standards and specifications of the N.C.D.O.T., to the extent not provided for in this chapter, or where stricter than this chapter.

(4) Street surface. All streets shall be paved. The asphalt surface course shall meet the standards and specifications of the N.C.D.O.T., to the extent not provided for in this chapter, or where stricter than this chapter.

(5) Curb and gutter. Where curb and gutter is provided, such improvements shall meet the standards and specifications of the N.C.D.O.T., to the extent not provided for in this chapter, or where stricter than this chapter.

(6) Culvert pipe. All culvert pipe and pipe under drains shall be installed to the standards and specifications of the N.C.D.O.T., to the extent not provided for in this chapter, or where stricter than this chapter.

(7) Right-of-way widths. Right-of-way widths shall be shown in the Street Classification Table.

(8) Street widths. All streets shall be curbed and guttered with widths as shown in the Street Classification Table, except in the extraterritorial jurisdiction area. In the extraterritorial jurisdiction area, curb and gutter shall be required unless a North Carolina Registered Engineer prepares an alternate plan of drainage and certifies that the plan will properly remove water from the streets without curb and gutter, which plan of drainage must be reviewed and recommended for approval, in writing, by the Town Engineer to the Town Manager, who will make the ultimate decision with regard to requiring curb and gutter. The street may then be a minimum width of 20 feet from edge of pavement to edge of pavement in a 60 foot minimum right-of-way. The minimum cul-de-sac radius shall be 40 feet for pavement of curb and gutter.

[Street Classification Table appears on the following page.]

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STREET CLASSIFICATION TABLE

Street Classificatio

n

R/W or Easement*

Pavement Width

Average Daily Traffic

No. of Dwellings

Private Drive 50* 28 B/B < 400 < 70Frontage Road

50 28 B/B < 240 < 20

Minor Collector

60 36 B/B 240 - 3500 20 - 400

Major Collector

70 50 B/B 3500 - 5000 > 400

Minor Thoroughfare

80 65 B/B 5000 - 10,000 N/A

Major Thoroughfare

100+ Variable < 10,000 N/A

(9) Relationship to Greenway Plan. If any portion of the area proposed for subdivision lies within an area designated in the officially adopted greenway master plan as a greenway corridor, the area so designated shall be dedicated and/or reserved to the public at the option of the town.(Ord. passed 7-9-01)

' 155.72 STORM WATER MANAGEMENT.

(A) The Planning Board shall not recommend for approval any plat of subdivision that does not make adequate provision for storm and flood water runoff channels or basins. The storm water drainage system shall be separate and independent of any sanitary sewer system. Storm sewers, where required, shall be designed by the Rational Method, or other methods as approved by the Planning Board, and a copy of design computations shall be submitted along with plans. Inlets shall be proved so that surface water is not carried across or around any intersection, nor for a distance of more than 600 feet in the gutter. When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point, and basins shall be used to intercept flow at that point. Surface water drainage patterns shall be shown for each and every lot and block.

(B) The subdivider shall provide an adequate drainage system for the proper drainage of all surface water, which complies with N.C.A.C. Title 15, Chapter 4, ASedimentation Control@ and N.C.A.C. Title 15, 2H.1000, AStormwater Runoff

Disposal@. The design of such a system shall be subject to the written approval of the N.C. Division of Land Resources and the Town Engineer.

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(C) Nature of storm water facilities.

(1) Location. The applicant may be required by the Planning Board to carry away by pipe or open ditch any spring or surface water that may exist either previously to, or as a result of the subdivision. Such drainage facilities shall be located in the road right-of-way where feasible, as determined by the town, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the generally accepted construction standards and specifications of the town, or the state, whichever is more stringent.

(2) Accessibility to public storm sewers.

(a) Where a public storm sewer is accessible, the applicant shall, at no cost to the town, install storm sewer facilities, or if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of storm waters, subject to the specification of the Town Engineer. However, in subdivisions containing not less than 15,000 square feet in area and in business and industrial districts, underground storm sewer systems shall be constructed throughout the subdivisions and be conducted to an approved out-fall. Inspection of facilities shall be conducted by the Town Engineer.

(b) If a connection to a public storm sewer will be provided eventually, as determined by the Town Engineer and the Planning Board, the developer shall make arrangements for future storm water disposal by a public utility system at the time the plat receives final approval. Provision for such connection shall be incorporated by inclusion in the subdivision improvement agreement required for the subdivision plat.

(3) Accommodation of upstream drainage areas. A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Town Engineer shall determine the necessary size of the facility, based on the provisions of the construction standards and specifications assuming conditions of maximum potential watershed development permitted by the zoning ordinance and/or other applicable municipal ordinances.

(4) Effect on downstream drainage areas. The Town Engineer shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. Local government drainage studies together with such other studies as shall be appropriate, shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Planning Board may withhold approval of the subdivision until provision has been made for the expansion of the existing downstream drainage facility. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.

(5) Areas of poor drainage. Whenever a plat is submitted for an area that

is subject to flooding, the Planning Board may approve such subdivision provided that the applicant fills the affected area of the subdivision to an elevation sufficient to place the elevation of streets and lots at a minimum

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of 12 inches above the elevation of the 100 year floodplain, as determined by the Town Engineer. The plat of the subdivision shall provide for an overflow zone along the bank of any stream or watercourse, in a width that shall be sufficient in times of high water to contain or move the water, and no fill shall be placed in the overflow zone nor shall any structure be erected or placed in the overflow zone. The boundaries of the overflow zone shall be subject to approval by the Town Engineer. The Planning Board may deny subdivision approval for areas of extremely poor drainage.

(6) Floodplain areas. The Planning Board may, when it deems it necessary for the health, safety, or welfare of the present and future population of the area and necessary to the conservation of water, drainage, and sanitary facilities, prohibit the subdivision of any portion of the property that lies within the floodplain or any stream or drainage course. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading, or dumping of earth, waste material, or stumps, except at the discretion of the Planning Board.

(D) Dedication to drainage easements.

(1) General requirements. When a subdivision is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse, and of such width and construction as will be adequate for the purpose. Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.

(2) Drainage easements.

(a) Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual, unobstructed easements at least 15 feet in width for drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements, with metes and bounds descriptions, shall be indicated on the plat. Drainage easements shall extend from the road to a natural watercourse or to other drainage facilities.

(b) When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured, at no cost to the town, and indicated on the plat.

(c) The applicant shall dedicate, at no cost to the town, either in fee or by a drainage or conservation easement, land on both sides of existing watercourses to a distance to be determined by the Planning Board.

(d) Low-lying lands along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication,

shall be preserved and retained in their natural state as drainage ways. Such land or lands subject to periodic flooding shall not be computed in determining the number of lots to be utilized for average density procedures nor for computing the area requirement of any lot.(Ord. passed 7-9-01)

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' 155.73 UTILITIES.

(A) Water supply.

(1) Statement of purpose. To reinforce compliance with the provisions set forth in ' 155.03. It is the goal, to the extent this requirement would not be confiscatory, that all future development be connected to municipal water and sewer systems.

(2) Public supply standards. All new subdivisions shall connect to the Town Public Water System if any perimeter property line is within a reasonable distance of an existing water line, as determined by the town. The cost of connection shall be in accordance with town ordinances as amended and supplemented.

(3) Private supply standards. Where a private community water supply system is proposed, the preliminary plat shall be accompanied by a letter of approval from the North Carolina Division of Health Services. Where individual lots will be served by private wells, this situation will be duly noted on the preliminary and final plat. Wells must be located at least 100 feet from any ground absorption system.

(4) Design and construction.

(a) Water mains shall be designed and installed according to the town specifications.

(b) Before installation, a complete set of construction plans and specifications for the proposed system, prepared and sealed by a North Carolina Registered Professional Engineer, shall be submitted for approval by the Planning Board or its designee and a copy submitted to the North Carolina Division of Health Services.

(c) Water supply systems shall be approved by the Town Council as to location and size of mains.

(d) Water mains shall not be less than six inches in diameter, except that smaller mains may be used on permanent dead-end streets upon approval of the Planning Board.

(e) The town may require installation of oversize mains when it is in the interest of future development. The town may pay for the portion of the improvement which exceeds the standards of this chapter.

(B) Sewage disposal.

(1) Public disposal standards. All new subdivisions shall connect to the Town Public Sewer System if any perimeter property is within a reasonable

distance of an existing sewer line, as determined by the town. The cost of connection shall be in accordance with town ordinances as amended and supplemented.

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(2) Private disposal standards. Where a private package treatment system is proposed, the preliminary plat shall be accompanied by a letter of approval from the North Carolina Department of Environmental Management. A land application system, rather than surface water discharging system, is required when a private package system is proposed. Where individual lots will be serviced by septic systems, the preliminary plat shall be accompanied by documentation that the site has undergone a preliminary evaluation by the County Health Department. The final plat shall be accompanied by certification that all lots intended for development have been approved for septic tank usage.

(3) Design and construction.

(a) Sewer mains shall be designed and installed according to the town specifications.

(b) Before installation, a complete set of construction plans and specifications for the proposed system, prepared by a registered professional engineer, shall be submitted for approval by the town or its designee and a copy submitted to the North Carolina Department of Environmental Management.

(c) The town may require installation of oversize mains when it is in the interest of future development. The town may pay for the portion of the improvement which exceeds the standards of this chapter.

(4) Design criteria for sanitary sewers.

(a) General guidelines. These design criteria are not intended to cover extraordinary situations. Deviations will be allowed and may be required in those instances when considered justified by the Town Engineer.

(b) Design factors. Sanitary sewer systems should be designed for the ultimate tributary population. Due consideration should be given to the existing land use plan, current zoning regulations, within this chapter, and other municipal ordinances as to the extent applicable. Sewer capacities should be adequate to handle the anticipated maximum hourly quantity of sewage and industrial waste together with an adequate allowance for infiltration and other extraneous flow. The unit design flows presented below should be adequate in each case for the particular type of development indicated. Sewers shall be designed for the total tributary area using the wastewater flow rates established by the North Carolina Department of Environment and Natural Resources. Design flows shall be submitted to the Planning Board for all projects involving extensions or interconnections to the town system.

One- and Two-Family Dwellings .02 cubic feet per second (c.f.s.)/acreCommercial Small Stores, Offices, etc. Shopping Centers

.02 c.f.s./acre

.02 c.f.s./acre

High Rise As directed by Town Engineer

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Industrial As directed by Town EngineerApartments One and Two Story Three through Six Story

.02 c.f.s./acre

.03 c.f.s./acreThese design factors shall apply to watersheds of 300 acres or less. Design factors for watersheds larger than 300 acres and smaller than 1,000 acres shall be computed on the basis of a linear decrease from the applicable design factor for an area of 300 acres to a design factor of .01 c.f.s./acre for an area of 1,000 acres unless otherwise directed by the Town Engineer. Design factors for watersheds larger than 1,000 acres shall be .01 c.f.s./acre unless otherwise directed by the Town Engineer.

(c) Maximum size. The diameter of sewers proposed shall not exceed the diameter of the existing or proposed outlet, whichever is applicable, unless otherwise approved by the Town Engineer.

(d) Minimum size. No public sewer shall be less than eight inches in diameter.

(e) Minimum slope. All sewers shall be designed in conformance with the standards established by the North Carolina Department of Environment and Natural Resources.

(f) Alignment. All sewers shall be laid with strait alignment between manholes, unless otherwise directed or approved by the Town Engineer.

(g) Manhole location. Manholes shall be installed at the end of each line; at all changes in grade, size, or alignment; at all intersections; and at distances not greater than 400 feet.

(h) Manholes. The difference in elevation between any incoming sewer and the manhole invert shall not exceed 12 inches except where required to match crowns. The use of drop manholes will require approval by the Town Engineer. The minimum inside diameter of the manholes shall conform to those specified by the Town Engineer. Inside drop manholes will require special considerations; however, in no case shall the minimum clear distance be less than that indicated above. When a small sewer joins a larger one, the crown of the smaller sewer shall not be lower than that of the larger one. The minimum drop through manholes shall be 0.1 feet.

(i) Sewerage locations. Sanitary sewers shall be located within street or alley rights-of-way unless topography dictates otherwise. When located in easements on private property, access shall be to all manholes. A manhole shall be provided at each street or alley crossing. End lines shall be extended to provide access from street or alley right-of-way when possible. Imposed loading shall be considered in all locations. Not less than six feet of cover shall be provided over the top of pipe in street and alley rights-of-way or three feet in all other areas.

(j) Cleanouts and lampholes. Cleanouts and lampholes will not be

permitted.

(k) Water supply interconnections. There shall be no physical connection between a public or private potable water supply system and sewer which will permit the passage of any sewage or

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polluted water into the potable supply. Sewers shall be kept removed from water supply wells or other water supply sources and structures.

(l) Relation of sewers to water mains. A minimum horizontal distance of ten feet shall be maintained between parallel water and sewer lines. At points where sewers cross water mains, the sewer shall be constructed of cast iron pipe or encased in concrete for a distance of ten feet in each direction from the crossing, measured perpendicular to the water line. This will not be required when the water main is at least two feet above the sewer.

(C) Other utilities.

(1) Wiring. Underground wiring for electric, telephone, and cable TV is required unless the subdivider demonstrates, to the reasonable satisfaction of the town, that underground wiring is impractical due to soil characteristics and other local conditions.

(2) Street lighting. All public streets, sidewalks, and other community areas or facilities in subdivisions created after the effective date of this chapter shall be sufficiently illuminated, as determined by the town, to ensure the security and the safety of persons using such streets, sidewalks, and other common areas or facilities. To the extent that fulfillment of this requirement would normally require street lights installed along public streets, this requirement shall be applicable only to subdivisions located within the corporate limits of the town. The quantity, design, and location of all lighting shall be approved by the town.(Ord. passed 7-9-01)

' 155.74 OTHER IMPROVEMENTS.

(A) Survey. Survey, plat, monuments and control corners shall be provided in accordance with the latest edition of the AManual of Practice for Land Surveying in North Carolina@ by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors.

(B) Wheelchair ramps. Whenever curb and gutter construction is used on public streets, wheelchair ramps for the handicapped shall be provided at intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with the published standards of the N.C. Department of Transportation.

(C) Shade trees. Shade trees shall be preserved where possible; where they do not exist, the planting of appropriate trees is encouraged. Such trees shall be species which are resistant to damage and disease and which do not cause interference with utilities, street lighting or visibility at street intersections.(Ord. passed 7-9-01)

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' 155.75 OTHER REQUIREMENTS.

(A) Easements. Reserved for future use, other than as otherwise herein set forth.

(B) Clean-up. Upon completion of the work, the subdivider shall remove from the street and adjoining property all temporary structures, debris, tree stumps, loose rocks, and surplus materials which may have accumulated during the process of the work, leaving the subdivision in a neat and orderly condition.(Ord. passed 7-9-01)

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Documents

€¦ · Web view(F) The word (chapter( shall mean the official zoning chapter of the Town of Plymouth. (G) The words (town( or (city( shall mean Plymouth, North Carolina, a municipal