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'27 M !W ff IN 6 .@ORDINANCE CITY OF ELIZABETH CITY JUNE, 1982 STANDARD TITLE PAGE 1. Report NO. 2. Govt. Accession No. 3. Recipient's Catalo FOR TECHNICAL REPORTS 4. Title and Subtitle 5. Report Date ZONING ORDINANCE June, 1982 6. Performing Organization Code 7. Author(s) 8. Performing Organization Rept. No. Planning & Community Development Department 9. Performing Organization Name and Address 10. Project/Task/Work Unit No. City of Elizabeth City P. 0. Box 347 11. Contract/Grant No. Elizabeth City, NC 27909 9772 12. Sponsoring Agency Name and Address 13. Type of Report & Period Covered N. C. Dept. of Natl Resources. & Community Development P. 0. Box 27686 Ordinance Revision Raleigh, North Carolina 27611 14. Sponsoring Agency Code 15. Supplementary Notes The preparation of this document was financed in part through a grant provided by the NC Coastal Mgmt. Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the office of Coastal Zone Management, National Oceanic & Atmospheric Administration. 16. Abstract: This Zoning Ordinance contains the criteria for land use districting within the boundaries of Elizabeth City. A primary purpose of this Ordinance is to provide a means of assuring compatible development in all areas of the City. 17. Key Words and Document Analysis. (a). Descriptors 17b. Identifiers Open-Ended Terms 17c. COSATI Field Group. 18. Distribution Statement 19.Security Class(This Report) 21. No. of Pages Copies are available through the City of Eliza- UNCLASSIFIED 119 beth Planning & C.D. Dept, (Address above). 20. Security Class. (This Page) 22. Price UNCLASSIFIED Form CFSTI-35 (4-70) PREPARED FOR THE CITY OF ELIZABETH CITY, NORTH CAROLINA John F. Weeks, III, Mayor Tommy M. Combs, City Manager City Council Planning Commission W. G. Williams, Chairman R. L. Ford, Chairman Joseph B. Anderson Henry Parker, Vice-chairnan Garnie Banks Gerald E. Bray Ann Chory Earl Brite Thomas S. Griffin Bill McCain W. L. "Pete" Hooker A. Parker Midgett Prepared By: THE ELIZABETH CITY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT William S. Richardson, Planning Director Michael W. Avery, Community Development Coordinator Donna Lema Godfrey, Planning Technician Carmalite B. Hooper, Planning Secretary Goldie Wright, Clerical Assistant June, 1982 The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 19721, as amended, which is administered by the Office of Coastal Zone Management, National Oceanic & Atmospheric Administration. TABLE of CONTENTS PAGE ARTICLE 1. PURPOSE and AUTHORITY ----------------------- 1 Section 1. Purpose ------------------------------------ I Section 2. Authority ------------------------ I--------- I ARTICLE 11. APPLICATION -------------------------------- 2 Section 1. Territorial Limits ------------------------ 2 Section 2. Application ------------------------------- 2 Section 3. Continuing the Use of Non-Conforming Land--- 2 Section 4. Continuing the use of Non-Conforming Buildings and/or the Non-Conforming Use of Buildings -------------------------------- 3 ARTICLE III. ZONING MAP ADOPTED -------------------------- 6 Section 1. Official Zoning Map Adopted -------------- 6 Section 2. Interpretation of District Boundaries ---- 6 Section 3. Interpretation of District Regulations --- 7 ARTICLE IV. ESTABLISHMENT OF DISTRICT REGULATIONS ------ 8 Section 1. R-6, Residential District ---------------- 8 Section 2. R-8, Residential District ---------------- 12 Sect.ion 3. R-10, Residential District --------------- 16 Section-4. R-15, Residential District --------------- 19 Section 5. AD-1, Apartment District ------------------ 23' Section 6. RMH, Residential Mobile Home District ---- 26 Section 7. C-4, Commercial District (Central Business (District) -------------------------------- 30 Section 8. C-3, Commercial District ----------------- 33 .Section 9. C-6, Shopping Center District ------------ 36 Section 10. 0-7, Office and Institutional District --- 42 Section- 11..M-1, Restricted Manufacturing District --- 45 Section 12. M-2, Mixed Manufacturing District -------- 47 Section .13. HCL, Highway Commercial District - Large Lot -------------------------------------- 50 ARTICLE V. STANDARDS FOR STREET PLANTING STRIPS, BUFFERS,. AND LANDSCAPING ---------------------------- 56 Section 1. Street Planting Strips ------------------- 56 Section 2. Buffer.Requirement ----------------------- 58 TABLE OF CONTENTS (CONTINUED) ARTICLE V. STANDARDS FOR STREET PLANTING STRIPS, BUFFERS, AND LANDSCAPING (Continued) .Section 3. Landscaping ---------------------------------------- 59 Section 4. Review, Permits, and Exceptions -------------------- 60 ARTICLE VI. P.LANNED UNIT DEVELOPMENTS (PUD) CONDITIONAL USE ------------- 62 Section 1. Area and Bulk Requirements ------------------------- 62 Section 2. The North Carolina Unit Ownership Act -------------- 63 Section 3. PUD Site Planning: Exterior Relationships --------- 64 Section 4. PUD Site Planning: Interior Relationships --------- 64 ARTICLE VII. MOBILE HOME DEVELOPMENTS ------------------------------------ 67 Section 1. Application for Special Use Permit Required -------- 67 Section 2. Assurances of Completion As Planned and Approved For a Special Use Permit ------------------------------- 72 Section 3. Operating Licenses and Specific Requirements for Final Approval ------------------------------------- 73 Section 4. Mobile Home Development Standards ------------------ 74 Section 5. Mobile Home Development Improvements --------------- 78 Section 6. The Mobile Home Lot -------------------------------- 82 Section 7. Requirements for Mobile Home Park or Subdivision Management Program -- ------------------------------ 86 Section 8. Oth er Requirements or Restrictions ----------------- 88 ARTICLE VIII. OFF-STREET PARKING AND LOADING/UNLOADING REQUIREMENTS ------- 89 Section 1. Parking Space Defined ------------------------------ 89 Section 2. Minimum Off-street Parking Requirements ------------ 89 Section 3. Parking Spaces and Drives -------------------------- 90 Section 4. Combinations of Required Parking ------------------- 9 1 Section 5. Parking Lot Location ------------------------------- 91 Section 6. Design, Construction, and Maintenance -------------- 91 Section 7. Parking Lot Construction --------------------------- 94 Section 8. Maintenance ---------------------------------------- 95 Section 9. Off-street Loading and Unloading Requirements ------ 95 Section 10. Variances ------------------------------------------ 96 Section 11. Non-conforming Uses or Situations ------------------ 96 ARTICLE IX. ADMINISTRATION, ENFORCEMENT AND PENALTIES ------------------- 97 Section 1. Zoning Administrator ------------------------------- 97 Section 2. Building Permit Required --------------------------- 97 Section 3. Applic ation for Building Permit -------------------- 97 Section 4. Certificate of Compliance REquired ----------------- 98 Section 5. Enforcement Powers of the Zoning Administrator ----- 98 Section 6. Violations ----------------------------------------- 99 i i TABLE OF CONTENTS (CONTINUED) ARTICLE IX. ADMINISTRATION, ENFORCEMENT AND PENALTIES (Continued) Section 7. Cancellation of Permits ----------------------------- 100 Section 8. Temporary permit for Bazaars, Carnivals, Religious Revivals --------------------------------------------- 100 .ARTICLE X. CHANGES AND AMENDMENTS ------ ---------------- 101 Section 1. Action by the Applicant ----------------------------- 101 Section 2. Action by the Planning Commission ------------------- 102 Section 3. Action by the City Council -------------------------- 102 -ARTICLE X1. BOARD OF ZONING ADJUSTMENTS ------------------------------------- 109 Section 1. Creati ng the Board of Zoning Adjustments ------------- 109 Section 2. File and Notice of Appeal ---------------------------- 109 Section 3. Fee for Variance or Appeal -------------------------- 110 Section 4. Power and Duties ------------------------------------ 110 Section 5. Appeal from the Board of Zoning Adjustments --------- 113 ARTICLE XII. LEGAL PROVISIONS ---------- ----------------------------- 114 Section 1. Definitions ------------------------------ 114 Section 2. Severability of Ordinance --------------------------- 123 Section 3. Conflict with Other Laws ---------------------------- 123 -Section 4. Penalties -------------------------------------------- 124 Section 5. Effective Date -------------------------------- 124 AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR ELIZABETH CITY AND THE LEGALLY ADOPTED EXTRATERRITORIAL AREA: PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF; AND CREATING A BOARD OF ADJUSTMENTS IN ACCORDANCE WITH THE STATUTES OF NORTH CAROLINA GOVERNING MUNICIPAL ZONING. BE IT ORDAINED AND ENACTED by the City Council of Elizabeth City, State of North Carolina, as follows: ARTICLE 1. PURPOSE AND AUTHORITY Section 1. Purpose The zoning regulations and districts as herein set forth have been made in accordance with a comprehensive land use plan and development policies adopted by the City Council as part of the community's on-going land use planning process and participation in the State1s Coastal Management program. These regulations conform to an adopted Land Classification Map to ensure orderly development and management of land within the City's jurisdiction. They have been made to, among other things, protect and preserve valuable coastal resources such as wetlands and complex natural areas; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to-promote health, parcels and the general welfare; to provide adequate l.ight and air; to prevent the over- crowding of land; to provide undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Section 2. Authority The proyisions of this Ordinance are adopted under authority granted by the General Assembly to North Carolina municipalities. 2 ARTICLE H. APPLICATION Section 1. Territorial Limits The regulations presented in this Ordinance shall apply to all property within the corporate limits of Elizabeth City, North Carolina, and the City's officially adopted extraterritorial area as noted on the Official Zoning Map located in the office of the Planning and Community Development Director. All territory which may hereafter be included within the zoning jurisdiction of Elizabeth City shall be automatically classified as an R-15 district until other-- wise classified. Section 2. -Application The regulations set forth in this Ordinance affect all land:, every building, and every use of land and/or building and shall apply as follows:: 2.j New Uses or Construction After the effective-date of this Ordinance@all new construction shall conform with the use, area and bulk regulations for the district in which it is to be located. 2.2 Conforming Uses or Structures After the effective date of this Ordinance, land or structure!;, or the uses of land or structures which conform with the regu-- lations for the district in which it is located may be continued, provided that any structural alteration or change in use shall conform with the regulations herein specified for the district in which it is located. 2.3 Non-conforming Uses or Structures After the effective date of this Ordinance, land or structures, o@ the uses of land or structures which would be prohibited under the regulations for the district in which it is located shall be considered as non-conforming. It is the intent of 3 this Ordinance to permit these non-conformities to continue until they are removed, but not to encourage their continued use. Non-conforming structures or uses may be continued pro- vided they conform to the provisions of Section and 4 below. Section 3. Continuing the Use of Non-conforming Land The regulations set forth below provide the conditions under which the non-conforming use of land shall be continued. 3.1 Use of Non-conforming Lots The erection of a single-family dwelling shall be permitted on any lot of record-which contains area and/or width less than that required for a single-family dwelling.in the district in which such lot is located. Such lot must be in separate ownership and not a continuous frontage with other lots in the same ownership. Setbacks, side and rear yard dimensions as described in the district in which the lot is located shall apply. 3.2 Extensions of Use Non-conformi.ng uses of land shall not hereafter be enlarged. 3.3 Change of Use Any non-conformi.ng uses of land may be changed to any con- forming use, or with the approval of the Board of Zoning Adjust- ment to any use more in character with the uses permitted in the district. Section 4. Continuing the Use of Non-conforminq_Buildings and/or the Non-conforming Uses of Buildings The regulations set forth below provide the conditions under which non-conforming buildings and/or non-conforming uses of buildings shall be continued. 4 4.1 Extensions of Use Non-conformi.ng buildi.ngs shall not be enla,rged and non-conformi.ng use of buildings shall not hereafter be changed to other non- conforming uses. 4.2 Change of Use If no structural enla.r9ements are made, any non-conformi.ng builsing or use of buildings may be changed to any conforming use, or with the approval of the Board of Zoning Adjustments, to any use more in character with uses permitted in the district. In permitti.ng such cha.nge, the Board of Zoning Adjustments may require appropriate conditions and safeguards in accord with the provisions of this Ordinance. 4.3 Cessation of Use If the active operation.of a non-conforming use is discontinued for a continuous period of six (6) months, such non-conformi.ng use shall thereafter be occupied and used only for a conforming use. 4.4 Repair and Alteration - Normal maintenance, repair, and incidental alterations in a building occupied by a non-conforming use is permitted provided it does not increase the size or bulk of the building. 4.5 Damage or Destruction. If a building occupied by a non-conforming use or non-conforming building is destroyed by any means to an extent of more than 510 percent of its replacement cost at time-of destructionj such .buildi.ng may not be restored for any non-conformi.ng use. 4.6 Trade or Exchange of Mobile Homes No mobile home that is now located as a non-conforming use on 5 a single or private lot may be replaced except by approval of the Board of Zoning Adjustments after legal advertisement and a Public Hearing by the Board of Zoning Adjustments and a finding that such replacement would be improvement to the neighborhood by reason of an improvement in quality of the new unit over the replaced unit. Section 5. Commercial or Office Mobile Units A mobile unit with an approved seal may be placed for commercial or office and institutional use in zones permitting the intended use upon recommendation.of the Planning Commission and appro .val of the City Council after a Public Hearing has been held. Mobile classrooms shall be exempt from this regulation, when placed upon public school property. The above regulations are for temporary use only and renewal must be requested every year to continue the use. Section 6. Compliance with State Guidelines'for Areas of Environmental Concern Prior to the issuance of any Certificate of Compliance for zoning, building permit, or conditional use permit, the Zoning Administrator- and local AEC Permit Officer in consultation with the State AEC Field Consultant, shall determine whether the proposed use or struc- ture is located within an Area of Environmental Concern. This deter- mination shall result from an on-site invest.igation. If the proposed use or structure is located in an Area of Environmental Concern, the -Zoni.ng Administrator and local AEC Permit Officer-shall certify that the proposed use or structure complies with development standards of the State Guideline�'f6r Areas'6f Envitonmentbl'Cohcern.prior to issuing any building permit or Certificate of Compliance. 6 ARTICLE 111. ZONING MAP ADOPTED Section 1. Official Zoning Map Adopted Elizabeth City, North Carolina, is hereby divided into districts as shown on the Official Zoning Map, which is hereby adopted and declared to be a part of this Ordinance. The Official Zoning Map, as amended from time to time, shall be the final authority for current zoning and status of land and buildings in the City and extraterritorial area. All territory included within the zoning jurisdiction not heretofore zoned otherwise shall be zoned R-15. Section 2. Interpretation of District'Bdiundaries When uncertainty exists w.ith respect to the boundaries of districts shown on the Official Zoning Map, the following rules shall apply: 2.1 District boundary lines are intended to be the same as .-property lines or lot lines of a platted.addition and-to the center line of streets, alleys, railroads, easements, other rights-of-way, creeks.and streams, or other water channels. 2.2 In the absence of specified distances on the map, dimensions -or distances shall be determined by.the scale of the official map. 2.3 If a district boundary divides a lot, the requirements for the district in which the greater portion of the lot lies shall tie extended to the balance of the lot provided such extension shall not include any part of such lot which lies more than fifty (50) feet beyond the district boundary, and further provided that the remaining parcel shall not'be less than the minimum required for the district in which it is located.. 2.4 Where physical features existing on the ground are at variance with that shown on the Official Zoning Map or in other circumstances 7 not covered by subsections 2.1 through 2.3 above, the Board of Zoning Adjustments shall interpret the district boundaries of this Ordinance. Section 3. Interpretation of District Regulations R.E:gulations for each district shall be enforced and interpreted according to the following rules; 3-l'Uses by Right Uses not designated as permitted by r,ight or subject to addi- tional conditions shall be prohibited. Conditional uses are permitted according to the additional regulations imposed. Additional uses when in character with the district may be added to the Ordinance by amendment. 3.2 Minimum Regulations Regulations set forth by this Ordinance shall be minimum regu- lations.. If the district requirements set forth in this section are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or higher standard shall govern. 3.3 Land Covenants Unless restrictions established by covenants with the land are prohibited by or are contrary to the provisions of this Ordinance, nothing herein contained shall be construed to render such covenants inoperative. 8 ARTICLE IV. ESTABLISHMENT OF DISTRICT REGULATIONS District regulations limiting the use of buildings and/or land and the bulk and arrangement of buildings are set forth in this section and are hereby adopted for Elizabeth City, North Carolina, and its extraterritorial zoning jurisdictional area and may be amended as set forth in Article X. of this Ordinance. Section 1. R-6, Residential District This district is a quiet, medium density neighborhood consisting of single-family, two-family, and multi-family dwellings along with limited home! occupations and limited private and public community uses. 1 . I Permitted Uses The-following uses shall be permitted by right: I'*411 Apartment houses, multiple-family residences Residential single-family (not to include trailer or mobile home), Uses dwellings, two-family dwellings 1.12 Churches Kindergartens Community Clubs, private Nurseries, child Uses Community centers Hospitals Lodges, private Museums Nursing and rest homes Parks Playgrounds. Schools, public and private Swimming pools 1.2 Conditional Uses Permitted The following uses are permitted subject to the additional regulations imposed: 1.21 Public utility sub-stations or pumpi.ng stations shall be per- Utili-ty Installations mitted when authorized by the Board of Zoning Adjustments, provided-they are housed in buildings that harmonize with the character of the neighborhood and have adequate side yards, fences and other safety devices. 9 1.22 Existing railroads may continue to be operated and maintained Railroads in residential districts, but no new railroad construction shall be established except when so authorized by the Board of Zoning Adjustments, on finding that the character of the district and public safety are not impaired. 1.23 The following service-type uses,not involving retail sales, shall Home Occupations be permitted provided they comply with the following regulations in addition to the regulations under Section 1.3; maximum usable floor area shall be 400 square feet. No more than one person living off the premises shall be employed; no dust, outside storage, noise,, odors or other objectionable effects shall be produced or created outside the building. Barber shops Beauty shops Dance instruction Dress making Laundering and ironing Medical and professional offices Music instruction Room renting Ceramic instruction 1.24 Neighborhood grocery stores shall be permitted, provided they are Neighborhood Commercial housed in buildings that harmonize with the character of the neighborhood and have not more than 1,000 square feet floor area. 1.25 Accessory buildings shall be permitted for any home occupation Accessory Building permitted in this distri-ct when authorized by the Board of Zoning Uses Adjustments on findi.ng that no rental purpose is intended, or for personal resident.ial.purposes. 1.26 As required in Article V1. Planned Unit Developments 10 1.3 Area and Bulk Reg lations The following regulations limiting the bulk and arrangements of buildings are required f or all permitted and conditional uses in the district: 1.31 Minimum required lot area for the first dwelling unit: shall, Minimum Lot Size be 6,000 square feet. Minimum additional lot area for each dwelling unit in excess of one (1.) shall be 2,000 square feet. Minimum lot@lwidth for the first dwelling unit shall be fifty (50) feet measuredat the building line. Additional required lot width measured at the building Une per dwelli.ng unit in excess of one.0) shall be ten (10) feet.., 1.32 Minimum yard depth shall be twenty-five (25) feet for the Yard Requ I remen ts frontyard, twenty-five (25) feet for the rear yard, and seven each (7) feetjor two side yards. A carport may not be built closer than seven (7) feet to the side lot line. 1.33 Except for church spires, flagpoles, antennas, chimneys, Building Heights similar accessories to structures all buildings more than two (2) stories in height, or thirty (30) feet measured from the foundation at the center of the house, shall be required to increase the or.iginal side yard requirement by one.(l) foot for every additional foot of height. buildi gs hall not occupy more than ten CO) Accessory n s Accessory Building percent of the.gross lot area, must be built a minimum of three feet from any lot line and must be built to the rear of the principle building. 1.35 On corner lots, the side yard, on that side of the lot Corner Lots abutting the side street shall not be less than fifteen (15) feet. Accessory buildings on that side of the lot abutting the side street shall not project beyond the full front yard requirement on that side street. 1.36 On corner lots no obstruction of any kind or nature to the Corner Visibility visibility of vehicles on streets at intersections shall be erected, maintained or allowed to exist. This area of visibility shall be considered to be not more than three (3) feet higher than the curb level and not less than ten (10) feet from the property corner at the intersecting streets. 1.37 As required in Article Vill. Off-street Parking & Loading/Unloading 1.38 The conversion of any residential structure so as to provide Conversion of Residences additional units shall only be permitted if each dwelling unit has a minimum of 650 square feet of usable floor area and adequate sanitary facilities. 1.39 - The location of permitted and conditional uses within the Flood Plain Requirements district and all construction or alterations shall conform to the Elizabeth City Flood Plain Ordinance. -1.4o Signs shall conform to the Elizabeth City Sign Control Signs Ordinance. 12 1.41 As required in Article V Street Planting Strips, Buffers, Landscaping Section 2. R-8 Residential District This district is a quiet, medium density neighborhood-consisting of single-family, two-family, and multiple-family dwellings along with limited home occupations and limited private and public community uses. 2.1 Permitted Uses The followi.ng uses shall be permitted by right: 2.11 Apartment houses, multiple-:family residences, Residential Single-family (not to include trailers or mobile homes), Uses dwellings, two-family dwellings 2.12 Churches Community Clubs, private Uses Colleges Hospitals Kindergartens Libraries Lodges, private Museums Music instruction Nurses' homes Nurseries, child Parks Playgrounds Schools, private Swimming pools 2.2 Conditional Uses'P6emitted The following uses are permitted subject to the additional regulations imposed: 2.21 As required in Article VI -Planned Unit Developments 13 2.22 Public utility sub-stations or pumping stations shall be Utility Installations permitted when authorized by the Board of Zoning Adjustments, provided they are housed in buildings that harmonize with the character of the neighborhood and have adequate side yards, fences, and other safety devices. 2.23 Existing railroads may continue to be operated and maintained Railroads in residential districts, but no new railroad construction shall be established except when so authorized by the Board of Zoning Adjustments, on finding that the character of the district and public safety are not impaired. 2.24 The followi.ng service-type uses,not involvi.ng retail sales, Home Occupations shall be permitted provided they comply with the following regulations in addition to the regulations under Section 2.3; maximum usable floor area shall be 400 square feet. No more than one person living off the premises shall be employed, no dust, outside storage, noise, odors or other objectionable effects shall be produced or created outside the building. Barber and beauty shops Dance instruction Dressmaking Ironing and laundering Medical offices Music instruction Professional offices Room renting and the boarding of occupants Ceramics instruction 2.215 Accessory buildi.ngs shall be permitted for any home occupa- Accessory Building tions per(nitted in this district when authorized by the Board Uses of,Zoning Adjustments on finding that no rental purpose is intended, or for personal residential purposes. 2.3 Area and Bulk Regulations The followi.ng regulations limiting the bulk and arrangements of buildings are required of all permitted and conditional uses in this district. 2.31 Minimum required lot area for the first dwelling unit shall Minimum Lot Size be 8,000 square feet. Minimum additional lot area for each dwelling unit in excess of one shall be 2,000 square feet. Minimum lot width for the first dwelling unit shall be 65 feet measured at the building line. Additional required lot width measured at the building line per dwelling unit in excess of one sha-11 be ten (10) feet. 2.32 Minimum yard depth shall be twenty-five (25) feet for the Yard - Requirements front yard, twenty-five (25) feet for -the rear yard, and seven (7) feet each for two side yards. When.attached to: the'dwelli6g,!a carport may,not be built closer than seven (7)Jeet to the side lot line. 2.33 Except for church spires, flagpoles, antennas, chimneys, or Building Heights similar accessories to structures, all buildings more than two (2) stories in height or thirty (30) feet measured from the foundation at thec-en'terof the house, shall be required 01 to increase the original side yard requirements by one J1 foot for every additional foot of height. 15 2.34 Accessory buildings shall not occupy more than ten.00) Accessory Building percent of the gross lot area, must be built a minimum of three (3) feet from any lot line and must be built to the rear of the principle buildi,ng. 2.35 On corner lots, the side yard, on that side of the lot Corner Lots abutting the side street shall not be less than fifteen (15) feet. Accessory buildings on that side of the lot abutting the side street shall not project beyond the full front yard requirement on that'side street. 2.36 No obstruction of any kind or nature to the visibility of Corner Visibility vehicles on streets at intersections shall be erected, maintained or allowed to exist. This area of visibility shall be not more than three (3) feet higher than the curb level and not less than ten (10) feet from the property corner at the intersecting streets. 2.37 The conversion of any residential structure so as to pro- Cbnversion of vide additional units shall only be permitted if each Residence dwelling unit has a minimum of 650 square feet of usable floor area and adequate sanitary facilities. 2.38 Signs shall conform to the Elizabeth City Sign Control Signs Ordinance. 2.39 As required in ArticleVIII. Off@Street Parking and Loading/Unloading 2.40 Street Planting Strips, As required in Article V Buffers, Landscaping 16 2.41 The location of permitted and conditional uses within the Flood Plain Requirements district and all construction or alterations shall conform to the Elizabeth City Flood Plain Ordinance. Section 3. R-10 R6sidenti6l'District This district is a quiet, medi'um density neighborhood consisting of single-family, and two-family dwellings along with limited home occupations and limited private and public community uses. 3.1 Permitted Uses The following uses shall be permitted by right: 3.11 Stngle-family residences (not to include trailers or Residential Uses mobile homes); two-family dwellings 3.12 Churches Community Clubs, private Uses Colleges Community centers Hospitals Kindergartens Libraries Lodges, private Museums Nurseries, child Nurses'homes Parks Playgrounds Schools, public and private Swimmin9 pools 17 3.2 Conditional Uses Permitted The following uses are permitted subject to the additional regulations imposed: 3.21 As-required in Article V1. Planned Unit Developments 3.22 Public utility substations or pumping stations shall be Utility '. , " I i Installations permitted when authorized by the Board of Zoning Adjustments, provided they are housed in buildings that harmonize with the character of the neighborhood and have adequate side yards,fences, and other safety devices. 3.23 Existing railroads may continue to be operated and maintained Railroads in residential districts, but no new railroad construction shall be established except when so authorized by the Board of Zoning Adjustments, on findings that the character of the district and public safety are not impaired. 3.24 -Home service-type occupations,not involvi.ng retail sales, Home Occupations shall be authorized by the Board of Zoning Adjustments on findings that no more than one person livi.ng off the premises shall be employed, no dust, outside storage, noise, odors or other objectionable effects shall be produced or created outside the building. Barber and beauty shops Ceramic instruction Dance instruction Dressmaking Laundering and ironing Medical and professional offices Music instruction Room renting 45 3.25 Accessory buildings shall be permitted for any home Accessory Building occupations permitted in this district when authorized by the.Board of Zoning Adjustments on finding that no rental purpose is intended, or for personal residential purposes. 3.3 Area and Bulk Regulations The following regulations limiting the bulk and arra.rigemenits of buidlings are required of all permitted and conditional uses in this district. 3.31 Minimum required lot area where public water and septic tanks Minimum Lot are.used shall be 10,000 square feet for each single family Size dwelling. Any lot within any R-10 district not served by public water, but using a private well and septic tank shall conform to the lot area requirements required by the District Health Department. Minimum additional lot area for each dwelfin@:unit-in'excess of-onQ_(I-)-shall be 2,000 square feet..--.. Minimum lot width for the first dwelling unit shall be 65 feet rneasured at the building line. Additional required lot width measured at thebui.l.di.ng line per dwelling unit'in excess of one (1) shall be.ten.(10) feet. 3.32 Minimum yard depth shall be twenty-five (25) feet for the Ya rd RequTrements front yard, twenty-five (25) feet for the rear yard, and seven (7) feet each for two side yards. A carport may not be built closer than seven (7) feet to the side lot line. 19 3.33 Except for church spires, flagpoles, antennas, chimneys, or Building Heights similar accessories to structures all buildings more than two (2) stories in height or thirty (30) feet measured from the foundation at the center of the house, shall be required to increase the original side yard requirements by one.(]) foot for every additional foot of height. 3.34 Accessory buildings shall not occupy more than ten (10) percent Accessory Building of the gross lot area, must be built a minimum of seven (7) feet from any lot line, and except for attached garages, must be built to the rear of the principle building. 3.35 As required in Article VIII. Off-street Parking and Loading/Unloading 3.36 The location of permitted and conditional uses within the Flood Plain Requirements district and all construction or alterations shall conform to the Elizabeth City Flood Plain Ordinance. 3.37 Signs shall conforn, to the Elizabeth City S.i9n Control Ordinance, Signs 3.38 As required in Article V. Street Planting Strips, Buffers, Landscaping Section 4. R-15 Residential Districts The regulations of this district are intended to ensure that the residential development not having access to public water supplies and dependent upon septic tanks for sewage disposal will occur at sufficiently low densities to provide a healthful environment. 20 4.1 Permitted Uses The following uses shall be permitted by right: 4.11 Single family and two-family residences (not to include Residential Uses trailers or mobile homes). 4.12 Churches Community Golf Courses Uses Pla'y9rounds, public and private Recreation facilities Swimming pools- Nurseries, child 4.13 Bona fide farms and their customary appurtenances. Farm Uses 4.2 Conditional Uses Permitted The following uses are permitted subject: to the additional regulations imposed: 4.21 As required in Article V1, Planned Unit Developments 4.22 Utility sub-stations or pumping stations, housed in buildings utility Stations that harmonize with the character of the neighborhood and have adequate fences and other safety devices, 4.23 Existing railroads may continue to be operated and maintained Railroads in residential districts,- but no new railroad construction shall be established except when so authorized by the Board of Zoning Adjustments on finding that the character of the district and public safety are not impaired. 4.24 Home occupations, service type, not-involving retail sales, Home Occupations shall be permitted provided they shall be authorized by the Board of Zoning Adjustments on findi.ngs that no more than one person living off the premises shall be employed, no dust, outside storage, noise, odors or other 21 objectionable effects shall be produced or created outside the building. Barber and beauty shops Ceramic instruction Dance instruction Dressmaking Laundering and ironing Medical and professional offices Music instruction Room renting 4.25 Accessory buildings shall be permitted for any home occupa- Accessory Building tions permitted in this district when authorized by the Uses Board of Zoning Adjustments on finding that no rental purpose is intended, or for personal residential purposes. 4.3 Area and Bulk Regulations The following regulations limiting the bulk and arrangement of buildings are required of all permitted and conditional uses. 4.31 Minimum size lot required shall be fifteen thousand (15,000) Lot Requirements square feet with a minimum lot width of ninety (90) feet, for the first dwelling unit. Additional minimum lot area required for any dwelling unit in excess of one (1) shall be 2,000 square feet, with an additional ten (10) feet of lot width. .4.-32 - Minimum yard depth shall be thirty-five (35) feet for Yard Requirements front yard (measured from street f.ight-of-way line), twenty-five (25) feet for rear yard, and ten Ob) feet for each of two (2) side yards. 22 4.3-3 All structures, except church spires, fl -agpoles, antennas, Building Heights chimneys or similar accessories to structures more than one (1) story in height, or fifteen (15) feet from the foundation measured at the center of the house, shall be required to increase the original side yard requirements by one (1) foot for every additional foot of height. 4.3.4 Accessory buildings may occupy ten (10) percent of the gro!;s Accessory Buildings lot area, must be built a minimum of ten (10) feet from any lot line, and, except for attached garages, must be built to the rear of the principle building. 4.35 As required in Article V Street Planting Strips, Buffers, Landscaping 4.36 The location of permitted and conditional uses within the Flood Plain Requirements district and all construction or alterations shall conform to the Elizabeth City Flood Plain Ordinance. 4.37 On,corner lots',- the side yard, on"that side of the lot Corner Lots abutting the side street shall not be less than one-half (1/2) the front yard requirement on that side street. 4.38 No obstruction of any kind or nature to the visibility of Co rne r Visibility vehicles on streets at intersections shall be erected, maintained or allowed to exist. This area of visibility shall be considered to be not more than three feet higher than the curb level and not less than ten (10) feet fron. the property corner at the intersecting streets. 23 4.39 The conversion of any residential structure so as to provide Conversion of Residences one additional unit shall only be permitted if each dwelling unit has a minimum of 650 square feet of usable floor area and adequate sanitary facilities. 4.4o Signs shall conform to the Elizabeth City Sign Control Signs Ordinance. 4.41 As required in Article Vill. Off-Street Parking and Loading/Unloading Section 5. AD-1 Apartment Districts This district is designed for apartment projects along with limited private and public community uses. 5.1 Permitted Uses The following uses shall be permitted by right: 5.11 Multi-family apartment houses, and condominiums (units .Apartment under the North Carolina Unit Ownership Act), and multiple family structures with separate ownership of fee simple title to lots with connected structures erected with party walls over the interior property lines. 5.12 Clubs, private Community Commiunity centers Uses Kindergartens Libraries Lodges, private Museums Nurseries, child Parks Playgrounds Schools, public and private Swimming pools 24 5.2 Conditional Uses Permitted The following uses are permitted subject to the additional regulations imposed: 5.21 Public utility sub-stations or pumping stations shall be Utility Installations perimitted when authorized by the Board of Zoning Adjustments provided they are housed in buildings that harmonize with the character of the neighborhood and have adequate side yards, fences, and other safety devices. 5.22 Existing railroads may continue to be operated and maintained Railroads in residential districts, but no new railroad construction shall be established except when so authorized by the Board of Zoning Adjustments, on finding that the character of the district and public safety are not impaired. 5.23 As required in Article V1 Planned Unit Developments 5.3 Area and Bulk Regulations The folloaing regulations limiting the bulk, density and arranSements of buildings are required of all permitted and conditional uses in this district. 5.31 Minimum required lot or land area in the project or develop- Minimum Area Requirements ment for the first dwelling unit shall be 6,000 square feet. Minimuni required lot or land area in the project or develop- ment for each additional dwelling unit shall be 2,000 square feet. The minimum required lot or land area shall be land adjudged by the Planning Commission as suitable for develop- ment as building sites or for recreational or parking areas. 25 5.31 As a further limitation on the density of buildings, Minimum Area Requirements principle and accessory buildings shall not cover more than (Continued) 30% of the land in the project or development adjudged suit- able for development as building sites or for recrea- tional or parking areas and in no event shall the area or land in the project or development adjudged suitable for development as building sites or for recreational or parking areas have an average density of more than 15 dwellings units per acre (the total land owned by the developer and adjudged suitable for development as above and included in the plan of the project or development, when divided by the number of dwelling units to be erected, shall not pro- duce a figure of more than 15 dwelling units per acre). 5.32 Minimum yard depth shall be twenty@five (25) feet for the Yard Requirements front yard, twenty-five (25) feet for the rear yard, and .seven (7) feet each for two (2) side yards. A carport may not be built closer than seven (7) feet to the side lot line. 5.33 Except for flagpoles, antennas, chimneys, or similar accesso-ries Building Heights to structures all buildings more than two (2) stories in height or thirty (30) feet in height measured from the founda- tion at the center of the house, shall be required to increase the original side yard requirements by one (1) foot for every additional foot of height. 5.34 Accessory buildings shall not occupy more than ten (10) per- Accessory Buildings cent of the gross lot.,area, must be built a minimum of three (3) feet from any lot line, and except for attached garages must be built to the rear of the principle building. 5.35 On corner lots, the side yard, on that side of the lot Corner Lots abutting the side street shall not be less than fifteen (15) feet.- Accessory buildings on that side of the lot abutting the side street shall not project beyond the full front yard requirement on that side street. 5.36. No obstruction of any kind or nature to the visibility Corner Visibility of vehicles on streets at intersections shall be erected, maintained or allowed to exist. This area of visibility shall be not more than three (3) feet higher than the curb level and not less than ten feet from the property corner at the street intersection. 5.37 As required in Article Vill. Off-street Parking and Loading/Unloading 5.38 All signs shall conform to the Elizabeth City S.i9n Control Signs .Ordinance. 5.39 Recreation, Park and Open Space shall be provided in Recreation, Park, and accordance with Article V, Section.11, of the Elizabeth City Open Space Subdivision Regulations. 5.40 The location of permitted and conditional uses within the Flood Plain Requirements district and all,construction or alterations shall conform to the Elizabeth City Flood Plain Ordinance. 5.41 As required in Article V 5 tree t - P I an ti ng Strips, Buffers, Landscaping 26 5.42 The following procedures and requirements are established Adopting an Apartment for the development of an Apartment District District 5.5 Application Application for an Apartment District shall be made to the Planning Commission and shall include the following: An application for an Apartment shall be accompanied by a development plan showing: (a) the location; (b) dimensions, and proposed use of all property and buildings; (c) all existing or proposed public or private easements; (d) rights-of-way; (e) curb cuts; (f) driveways; (9) off-street parking areas with spaces delineated; (h) walkways; (i) proposed walls or fences; (j) the types of paving or other surfacing to be used; (k) landscaping plan showing -existing and proposed plant material; (1) surface water drainage plans; and (M) various other site information as may be necessary to describe completely the proposed development, for approval by the Planning Commission. Section 6. RMH Residential Mobile Home'District This district is a quiet, medium density neighborhood con- sisting of single-family, -'lio-family, rnultiple-family dwellings and mobile homes as well as limited home oc@zupations and limited private and public community uses. 6.1 Permitted Uses 6.11 Individual mobile home residences, Residential Uses single-family residences two-family dwellings, and r.10tiple-family residences 27 6.12 Clubs, private Community Cormunity centers Uses Churches Hospitals Kindergartens Libraries Lodges, private Museums Nurseries, child Nurses' homes Parks Playgrounds Rest homes Schools, public and private Swimming pools 6.2 Conditional Uses Permitted The following uses are permitted subject to the additional regulations imposed: 6.21 Public utility sub@stations or pumping stations shall be @Utility Installations permitted when authorized by the Board of Zoning AdjUStments, provided they are housed in buildings that harmonize with the character of the neighborhood and have adequate side yards, fences and other safety devices. 6.22 Existing railroads may continue to be cperated and maintained Railroads in residential districts, but no new railroad construction shall be established except when so authorized by the Board of Zoning Adjustments, on finding that the character of the district and public safety are not impaired. 6.23 The following home occupations shall be permitted provided Home Occupations they comply with the following regulations in addition to the regulations under Section 1.3; maximum usable floor area shall be 400 square feet.. No more than one person living ,off the premises shall be employed; no dust, outside storage, noise, odors or other objectionable effects shall be produced or created outside the building.- 28 Barber and beauty shops Ceramic instruction Dance instruction Dress making Ironing and laundering Music instruction Offices, medical and professional Room renting 6.24 Neighborhood grocery stores shall be permitted, provided Neighborhood Commercial they are housed in buildings that harmonize with the character of the neighborhood and have not more than 1,000 square feet of floor area. 6.25 Accessory buildings shall be permitted for any home occupa- Accessory Buildings tion permitted in this district or for personal residential purposes when authorized by the Board of Zoning Adjustments on finding that no rental purpose is intended. 6.26 Mobile home developm..ents shall be permitted by permit when Mobile Home Developments they conform to the Mobile Home Development Special Use requirements as contained in Article VII, Section 1, of this Ordinance. 6.27 -Bus Stations and/or Taxi Stands shall be permitted conditionally, Bus Stations Taxi Stands upon the approval of a final plat by the Planning Commission (showing the location of the building, entrance and exit drives, bus bays, off-street parking, and taxi stands). 6.3 Area and Bulk Regulations The following regulations limiting the bulk and arrangements of buildings are required of all permitted and conditional uses -in this district. 6.31 Minimum required lot area for a single-family dwelling shall be Minimum Lot Size 6,000 square feet. 29 6.31 Minimum additional lot area for each dwelling unit in excess Minimum Lot Sizes of one single-family dwelling unit shall be 2,000 square feet; (Continued) provided, however, mobile home two-family, and mobile home multi-family dwellings shall not be permitted, and not more than one (1) mobile home shall be placed on each 6,000 square foot lot. Minimum lot width for the first dwelling unit shall] be fifty (50) feet measured at the building line. 6.32 Minimum yard depth shall be twenty-five (25) feet for the front Yard Requirements yard, twenty-five (25) feet for the rear yard, and ten (10) feet each for two (2) side yards. A car,,:)ort may be built no closer than ten (10) feet to the side lot line. 6.33 Except for church spires, flagpoles, antennas, chimney, or Building Heights similar accessories to structures, all bjildings more than two (2) stories in height, or thirty (30) feet measured from the foundation at the center of the building, shall be required to increase the original side yard requirement by one (1) foot for every additional foot in height. 6.34 On corner lots, the side yard, on that side of the lot abutting Corner Lots the side street shall not be less than fifteen (15) feet. 6.35 Accessory buildings on that side of the lot abutting the Accessory Buildings side street shall not project beyond the full front yard requirement on that side street. Accessory buildings shall not occupy more than ten (10) percent of the gross lot area, must be built a minimum of three-0) feet from any lot line, and except for attached gar.ages, must be built to the rear of the principle building. 30 6.36 On corner lots no obstruction of any kind or nature to the Corner Visibility visibility of vehicles on streets at intersections shall be erected, maintained or allowed to exist. This area of visibility shall be considered to be not more than three (3) feet h.igher than the curb level and not less than ten (10) feet from the property corner. 6.37 As required in Article'vill. Off-street Parking & Loading/Unloading 6.38 The conversion of any existing residential structure so as Conversion of Residences to provide additional units shall only be permitted if each dwelling unit has a minimum of 650 square feet of usable floor area and adequate-sanitary facilities. 6.39 All signs shall conform to the Elizabeth City Sirn Control Signs Ordinance*.- 6.*4o As required in Article V Street Planting Strips, Buffers Landscaping 6.41 The location of permitted and conditional uses within the Flood Plain Requirements district and all construction or alterations shall conform to the Elizabeth City Flood Plain Ordinance. Section 7. C-4 Commercial District (Central Business District) This is the central business district which provides retailing, personal services, and office space for local and regional commer- cial activities. The regulations are designed to permit a concen- trated development of permitted facilities and to protect the district itself from over-intensive development and congestion. 31 7.1 Permitted Uses The following uses shall be permitted by right: 7.11 Apartment houses, multiple-family residences, single-family Residential Uses (not to include trailers or mobile homes) and two-family dwellings. 7.12 Business Offices Financial Governmental Medical and professional offices and agencies 7.13 Stores retailing: Primary Retail Books Stores Cameras Candy Clothing Craft goods Dry goods Drugs Flowers Gifts Hardward Hobby goods Jewelry Leather goods Magazines Musical instruments Notions Shoes Sporting goods Toys 7.14 Stores retailing: Secondary Retail Antiques Stores Appliances Automobiles Bicycles Electrical fixtures Farm machinery Furniture Motorcycles Paint Plumbing fixtures Uphols tery Wallpaper 32 7.15 Barber and beauty shops Services Bowling,alleys Bus stations Cab stands Cafeterias Churches Dry cleaning Funeral homes Hotels Laundry Motels Parking lots Pool halls Radio and television broadcasting studios Restaurants Shoe repair Theaters Marinas 7.2 Conditional'Uses Permitted These uses shall be permitted subject to the additional regulations imposed. 7.21 Service Stations shall have a minir-um lot area of 7,000 Service Stations square feet with a frontage of not less than 100 feet. No portion of a service station building or eqiupment shall be nearer than 25 feet to the front property line. All automobile repair or storage shall be performed inside a structure. 7.31 Nightclubs, beer halls, cocktail lounges, indoor amusement N igh,:tc I ubs, Beer halls, centers, and other similar activities operating as a Cocktail Lounges, primary use may be permitted by the Board of Zoning Indoor Amuse- ment Centers Adjustments, upon recommendation of the Planning Commission, provided that no part of the property so used shall be close enough to any residential district to cause a nuisance by reason of noise, vehicular congestion, or other objectionable characteristics, to 32a uses which may locate in the residential' district. Dis- tance, property orientation and other criteria shall be used in determining what should constitute a suitable relationship between the proposed conditional use and the residential area. A minimum separation of 50 feet from the nearest property line of any church:, school, child nursery, college, or university shall be required. 7,4 Area and Bulk Requirements The following regulations limiting the development and arrangement of bui I'd i'n_gs and/or land are required of all permitted and conditional uses in this district. 7.41 As required in Article V11L Off-street Parking and Loading/Unloading 7.42 Adequate sidewalks paralleling streets shall be required Sidewalks as determined by the Board of Zoning Adjustments. 33 7.43 Signs shall conform to the Elizabeth City Sign Control Signs Ordinances. 7.44 The location of permitted and conditional uses within the Flood Plain Requirements district and all construction or alterations shall conform to the Elizabeth City Flood Plain Ordinance. 7.45 As requi,red in Article'-V Street Planting Strip, Buffers, Landscaping Section 8. C-3 General Commercial District Thts is the general commercial district for the community providi.ngoffices,,personal services and the retailing of durable and convenience I goods. Because these commercial uses are subject to the public view which is a matter of important concern to the whole community, it should provide an appro- priate appearance, ample parking, controlled traffic movement and suitable land- scaping. The proper development of commercial uses in this district is not only a right under the law, but a responsibility to the entire community. 8.1 Permitted*Uses The following uses shall be permi tted by right: 8.11 Stores retailing: Retail Stores Antiques Appliances Automobiles Bicycles Drugs Electrical and plumbing fixtures Farm equipment Fish Furniture Groceries Hardware Meat Motorcycles Notions Paints Paint and wallpaper Upholstery Marinas 8.12 Barber and beauty shops Services Churches Drive@ins dispensi.ng food Dry cleaning and laundry Funeral homes Motels Offices' public and private, including post offices Radio and television repair Restaurants Service stations Shoe repair Tourist homes Off-street parking lots 8.2 Cohdi'tiohaI'Us&s*P6rmitted These uses shall be permitted subject to the additional regulations imposed: 8.21 As required in Article VI -Planned Unit Developments 8.22 Sales and repair of automobiles, trucks. and agricultural Motor Sales and Repairs implements shall be permitted provided all repair is per- formed inside a building and that all parking or storage of vehicles is provided off the public right-of-way and ten .(10) feet to the rear of the front property line. 8.23 Animal hospitals shall have a.minimum area of one (1) acre Animal Hospital with a frontage of not less than 300 feet. No animal storage shall be allowed within 100 feet of any residential use as measured from any point on the property line. 8.24 It is the intent of this section to permit existing Residences residences to continue until removed. No new residences shall be permitted. All structural alterations to existing residences shall be approved by the Board of Zohi.ng Adjust- ments. 8.9r, Building material sales and wholesale activities shall be 5 Building Material Sales allowed in the C-3 zoning district as a conditional use provided and Wholesale the following provisions are met: Commercial Activities 8.25(a) Retail or wholesale is a primary activity as indicated by an over-the-counter sales and display area of at least 1,000 square feet and over-the-counter sales amounting to approximately 50% of the business. 8.25(b) All building materials or other bulk supplies shall be stored in a complete enclosure, such as a shed, struc- ture, warehouse, or six to eight feet high opaque or translucent fence with planting where appropriate. 8.25(c) Such uses involving warehousing or truck and rail activities are not allowed within 150 feet of a resi- dential district or residential uses within such dis- trict. This 150 foot buffer shall be used for land- scaping, office, or landscaped parking facilities only. 8.25(d) No fabrication, manufacturing, or processing other than normal warehousing, storage, or sale activities, associated with the commercial use shall be permitted. 8.26 Nightclubs, beer halls, cocktail lounges, indoor amusement Nightclubs, Beer halls, centers, and other similar activities operating as a primary use Cocktail Lounges, may be permitted by the Board of Zoning Adjustments, upon recom- Indoor Amuse- ment-Center-s mendation of the Planning Commission, provided that no part of the property so used shall be close enough to any residential district to create a nuisance by reason of noise, vehicular congestion, or other objectionable characteristics,-to uses which may locate in the residential district. Distance, property orientation and other - __ - - - __ - -- - I II -.. -A I- - - I A suitable relationship between the proposed conditional use and the residential area. A minimum separation of 35 50 feet from the nearest property line of any church, school, child nursery, college, or uniyersilty shall be required. 8.3 Area and Bulk Regulations The following regulations limiting the development and arra-n_qement of building and/or land are required of all permitted and conditional uses in this district. 8.31 Minimum lot width shall be seventy-five (75) feet with a Lot Requirements minimum lot depth of one-hundred twenty.(120) feet. 8.32 Minimum f ront yard depth shall be sixty (60) feet from Yard Requirements the center line of the street. The fi-rst fifteen (15) feet from the property line shall be.developed for sidewalk, grass and plants and shall not be used for any purpose except the necessary drives and walks and shall not include off-street parking. There shall be no side yard requirement except when the property abuts a residential district on the side, then it shall be the on the abutting side or sides as required by that residential district. Minimum rear yard depth shall be fifteen (15) feet. 8.33 There shall be no building height requirements in this Building Height district. 8.34 As required in Article vill. Off-street Parking and Loading/Unloading 8.35 No portion of any driveway leading from a public street Cu-rb C=uts - shall be closer than fifteen-05) feet to the corner of any intersection measured from the r.ight@of-way line.. 36 The width of any entrance driveway leading from the public street shall not exceed thirty (30) feet at its intersection with curb or street line. No two (2) driveways leading from a public street shall be within twenty (20) feet of each other measured along the full height of the curb. 8.37 No obstruction of any kind or nature to the visibility Corner Visibility of vehicles on streets at intersections shall be erected, maintained or allowed to exist. This area of visibility shall be considered to be not more than three (3) feet higher than the curb level and not less than ten.(10) feet from the property corner. 8.38 As required in Article V. Street Planting Strips, Buffers, Landscaping 8.39 All signs shall conform to the Elizabeth City Sign Control Signs Ordinance. 8.4o The location of permitted and conditional uses within the Flood Plain Requirements district and all construction or alterations shall conform to the Elizabeth City Flood Plain Ordinance. Section 9. C-6 Shopping Center Districts This district permits the development of neighborhood, community and regional shopping centers in sca le with the surrounding market areas to meet the shopping needs of the public. It is intended to permit the establishment of such districts only where planned centers with carefully organized 37 buildi.ngs, service areas., parking areas and landscaped open space will clearly serve demonstrated public need, reduce traffic congestion and h-aza-rds below that which would result from strict commercial development along highways and protect property values in surrounding neighborhoods. .9.1 Permitted Uses 9.11 Stores retailing: Primary Retail Books Toys Stores Cameras Gifts Candy Groceries Clothing Meats Craft goods Sporting goods Dry goods Drugs Flowers Haraware Hobby goods Jewelry Leather goods Macia7ines Musical instruments Notions Shoes 9.12 Stores retailing: Secondary Retail Antiques Stores Appliances Automobiles Bicycles Electrical fixtures Farm machinery Furniture Motorcycles. Paint Plumbing fixtures Upholstery Wallpaper 9.13 Business Offices Governmental Medical and professional offices and agencies- 9.14 Appliance repair Services Barber and beauty shops Cafes Radio and television sales and service Restaurants Service Stations 38 9.14 Shoe repair Services Small laundry and dry cleaning shops (Continued) Washerettes 9.2 Conditional Uses Permitted The following uses shall be permitted subject to the additional requirements imposed: 9.21 Nightclubs, beer halls, cocktail lounges, indoor amusement Nightclubs, Beer Halls, centers, and other similar activities operating as a Cocktail Lounges, primary use may be permitted by the Board of Zoning Indoor Amuse- ment Centers Adjustments, upon recommendation of the Planning Commission, provided that no part of the property so used shall be close enough to any residential district to cause a nuisance by reason of noise, vehicular congestion, or other objectionable characteristics, to uses which may locate in the residential district. Distance, property orientation and other criteria shall be Used in determining what should constitute a suitable relationship between the proposed conditional use and the residential area. A minimum separation of 50 feet from the nearest property line of any church, school, child nursery, college, or university shall be required. 38a 9.3 Development Standards. The following regulations are required of every shopping center district: 9.31 The minimum land area for any shopping center district shall Minimum Land Area be two (2) acres. For purposes of calculating the miniMLIM dimensional and other requirements of this section no single C-6 Shopping Center District shall extend across a public street or alley and shall be contiguous in all parts. 9.32 No buildings shall be located closer than 50' to any street Required Yards right-of-way nor closer than 25' to any other property line. A buffer, as described in this Ordinance, is required where, the C-6 project abuts any residential district or major thorough- fare. 9-33 The total ground area covered by the principal buildings and Maximum. Land all accessory buildings including.all roofed areas shall not Coverage exceed 30% of the total site area. 9.34 Utilities All structures shall be serviced by underground utility lines. 9 35 As required in Article V Street Planting Strips, Buffers, Landscapirig The location of permitted and conditional uses within the Flood Plai.n Requirements district and-all construction and alterations shall conform to the Elizabeth City Flood Plain Ordinance. 39 9.27 As required in Article viti. Off Street Parking, Loading/Unloading 9.28 All signs shall conform to the Elizabeth City Sign Control Signs Ordinance. 9.3 'Adopting 6 Shopping Center District The following procedures and requirements are established for the development of a C-6, Shopping Center District: 9.31 Application for a shopping center district shall be made Application to the Planning Commission and shall include the following: 9.31a The applicant or developer shall show cause that the present and foreseeable population in the retail shopping center market area can adequately support the type of stores proposed for the shopping center district. A valid market analysis indicating the economic feasibility of such proposed development is sufficient to meet this requirement. It is a concern of the Planning Commission and City Council that such projects be successful and not pose a negative influence upon the community with vacant and underutilized stores. This requirement may be waived by the Planning Commission for neighborhood shopping centers. 9-31b A Plat showing the location of the area zoned or proposed to be zoned and sufficient extra area to provide ease of orientation. If the area developed or proposed to be developed is in an unplatted area, the plat shall include the legal description of the boundaries of the property proposed to be included in the area to be zoned or developed as a planned shopping center. 4o 9.31c Topography with contour intervals no, greater than 2'. 9-31d Sufficient proposed contour grade to interpret the intent of the developer. 9-31e The proposed off-street parking area, loading and unloadi.ng area, parking stalls, traffic channelization, driveways, curb cuts, pedestrian ways and other- such necessary to interpret the traffic circulation informationAand parking plans including a notation of the number of parking spaces required and proposed. 9-31f The proposed location and use of all bbildings. 9.319 Proposed location, height, and orientation of all signs other than signs flat on or attached to building facades. 9-31h Proposed location, height and orientation of all outdoor lighting. 9.31i Proposed malls, buffers, planting s-trips, fences and other landscaping features. 9.31j An indication of stages which will be followed in develop- ment. 9-31k A title given the owner or owners (or optionees), the date, the scale, the orientation and the person or firm preparing the plan. 9.311 The type of paving-or other surfacing material to be used. 9.31M Other site information as may be necessary to describe completely the proposed development. [email protected] and development plan for a C-6 Shopping Ceriter Review District shall.be reviewed by the Planning Commission. The Commission may require the applicant or- developer to submit a revised plan before final submission to the City Council. 41 The following items shall be.reviewed: 9.32(a) Adequate off-street parking and truck loading space to relieve traffic congestion in the streets. 0.32(131 An arrangement.of turning lanes, driveway entrances, and controlled traffic movement to adequately serve traffic generated by the shopping center. 9.32(c) Adequate safe and convenient sidewalks for pedes- tri'an circulation. 9.32(d) Landscaping and planting strips to screen or buffer the shopping center from surrounding residential and pedes- trian uses and to adequately shade parking areas. 9.32(e) Plans for utilities, storm drainage, outdoor signs, and I.ighti.ng to determine the effects on the surrounding properties. 9.4 Building Permits No building permit shall be issued for any building in a C-6 Shopping Center District until the development plan is approved by the City Council. No building permit shall be issued for any building not shown first on the approved development plan unless changes have been submitted to the Planning Commission and City Council for approval, at which time the Chief Building Inspector may issue building permits based on the revised development plan. Actual construction shall begin within one (1) year from the date final approval is granted, In the event the Planning Commission and City Council find that the intent of this section has not been met or construction is not begun within one (1) year, resubmission of the development plan shall be required. It is not the intent of this section to prohibit a reasonable 4:! Section 10. '0'7'Office and Ihstituti6fi6l'District This district provides for the development of' offices and community institutions which have similar development characteristics and requi.re locations closer to the more intensive commercial districts. 10.1 Permitted'Uses The followt.ng uses shall be permitted by r.ight: 10.11 Multi-family residences, Residences two-family dwellings,- and single-family residences 10.12 Business Offices Government Medical and professional offices and agencies Pharmacy - defined as providing 50%.of better of the business is prescription drugs or related items 10-13 Cemeteries Institutions Colleges Hospitals Institutions, public or semt@public (But not to include jails, reformatories or other correctional institutions) Schools, public or private io.14 Funeral homes Services Motels Parking lots Radio and television broadcasting stations 10.2 Conditional Uses*Permitted The following uses shall be permitted subject to the additional regulations imposed: 10.21 As required in Article'VI Planned Unit Developments 10.22 Utility offices shall be permitted when authorized by the Utilities Board of Zoni.ng Adjustments providi..ng that sufficient space for parking and storage of materials and vehicles is developed and screened from view. 43 10.22 Home occupations shall be permitted provided it shall not Home Occupations utilize more than 40 percent of all usable.floor area, not more than one.'(1) person livi.ng off the premises shall be employed, no dust, outsIde stor.age, noise, odors or other objectionable effects shall be produced or created outside the buildtng, 10.3 Development The following regulations limiting the development and the arrangement of but1dings and/or land are required of all permttted and conditional uses in this district. 10-31 Minimum lot width shall be 601 with a minimum lot depth Lot Requirements of 120'. 10-32 Minimum front yard depth shall be 15@ which shall be Yard Requirements developed for sidewalk,. grass and plants and shall be used .for any purpose other than the necessary drives and walks and shall not include off-street parking. No side yards are required in this district except when the property abuts a restdential district, then it shall be the same on the abutting side or sides as required by that residential district. Minimum rear yard depth shall be 15'. 10-33 No building shall exceed 361 in height unless the dept h Building Height s of the front and total width of the side yards required herein shall be increased by one (1) foot for each two (2) feet or fraction thereof of building height in excess of 36'. 44 10-34 As required in Article VIIL Off-Street Parking and Loadi ng/Unloading 10-35 No portion of any entrance drive leading from a public Curb Cuts street shall be closer than 151 to the property line corner of any intersection. The width of any entrance drive leading from the public street shall not exceed 30' at its intersection with the curb or street line. No- two (2) driveways, including driveways on adjacent property, shall be within 20' of each other measured along the full height of the curb. 10-36 No obstruction of any kind or natuee to the visibility Corner Visibility of vehicles on streets at intersections shall be erected, maintained or allowed to exist. This area of visibility shall be considered to be not more than three (3) feet higher than the curb level and not less than ten.00) feet from the property corner. 10-* 37 AH-si'gns shall conform to the El-izabeth City Sign Signs Ordinance. 10-38 The conversion of any residential structure so as to pro- Conversion of Residence vide additional units shall only be permitted if each dwelling unit has a minimum of 650 square feet of usable floor area and adequate sanitary facilities, 10-39' As required in Article*V Street Planting Strip, Buffers, Landscaping 45 10.40 The location of permitted and conditional uses within the Flood Plain Requirements district and.all construction and alterations shall conform to the Eli. zabeth.C[ty Flood Plain Ordinance. Section 11. M-I*Rest@ict6d'Mijfidf6dto@ifi@'Di@teidts This is an area primarily for industrial assembly, fabrication, and storage located on planned si'tes with access to major highways and with adequate utility facilities, The purpose of these regulations is to control land use and building densities in order to reduce the congestion of traffic and the adverse effects of industrial processes. 11.1 Permitted'Uses The following uses shall be permitted by right: 11.11 The manufacturing, processing, assembling, and Manufacturing fabrication of the following products: Appliances Clothing Hosiery Instruments, electrical and mechanical Textiles Upholstery 11.12 Distribution Service Railroad Industries Shipping Truck Utili.ty Warehousing Wholesaling 11.2 Conditional'Us6s Petmitted The.se uses shall be permitted-subject to the additional regulations imposed. 11.21 tt is the intent of this section to permit existing Residences residences and commercial uses to continue until removed. All structural alterations shall be approved by the Board of 7nnina AdiLJStmPntq- 46 .11.3 Area and Bulk Regulations The following regulations limittrig the development and arrangement.of buildings and/or land are required of all per- mitted and conditional us:es in this district. 11-31 Minimum lot width shall be one'hundred fifty. (150) feet. Lot Requirements Minimum lot depth shall be one hundred fifty (150) feet. 11-32 Minimum front yard depth shall be thirty-five (35) feet Yard Requirements from the property line and except for the necessary drive and. walks, shall not include off-street par-king. The front,yard shall be planted in grass and ornamental shrubs and trees. Minimum side yard.depth shall be twenty (20) feet on each side. Minimum rear yard depth shall be twenty (20) feet. .11-33 Maximum buildi.ng he.ight shall be fifty (50) feet. Building Height .11-34 The maximum total lot coverage by all structures shall be Lot Coverage forty (40) percent of the lot area. 11-35 As required in Article Vill. Off Street Parking and Loading/Unloading 11-36 No portion of any entrance driveway leading from a public CUrb Cuts street shall be closer than fifteen (1.5) feet to the property line corner of any intersection measured from the right-of-viay fine. The width.of any entrance,driveway leading from the public: street shall not exceed.thirty (30).feet at its intersection with the curb or street. 47 No two (2) driveways leading from a public street shall be within twenty,(_20).feet of each other measured along the full height.of the curb. 11-37 The location of permttted and conditional uses within the Flood Plain Requirements district and all construction and alterations shall conform to the Elizabeth City Flood Plain Ordinance. 11-38 As required in Artic4''*v Street Planting Strip, Buffers, Landscaping 11-39 No obstruction of apy kind or nature to the visibility of Corner Visibility vehicles on streets at intersections shall be erected, main- tained, or allowed to exist. This area of visibility shall be considered to be not more than three (3) feet higher than the curb level and not less than ten (10) feet from the property corner. ii.4o All signs shall conform to the Elizabeth City Sign Control Signs Ordinance. Section 12. M-2 Mixed Manufacturing Districts This is an area of mixed industrial uses. Regulations have been established for the mutual protection of all industrial users to control traffic congestion and encourage safety. 12.1 Permitted Uses The followi.ng industries shall be permitted by right; f Animal feed preparation Service Contractor's shops and yards Industries Freight yards, truck and bus terminals Ice manufacture., stor 'age and freezer lockers Lumber, buildi 'ng materials, and concrete products Machine shops, and sheet Tnetal shops Mailing Public utility installations, repair shops, or yards Wholesaling, distributing, warehousing, storage and shipping (including petroleum products) 48 12.2 Conditional UsetTermitted The following uses are permitted subject to the additional regulations imposed: 12.21 It is the intent of this section to permit existing Residences residences and commercial uses to continue until removed. All structura.1 alterations shall be approved by the Board of Zoning Adjustments. 12.22, The storage of petroleum or petroleum products may be Petroleum Storage permitted provided: 12.22(a) All storage tanks and loading facilities shall be located at least twenty-five (25) feet distance from',any ex,terior.oroperty line; and 12.22(b) All storage tanks and loadinci facilities shall be located at least one-hundred twenty (120) feet from any exterior property line bordering a resi- dential district. 12.23 Junk yards or salvage yards for purchase, sale, handling or Junk and Salvage storage of scrap paper, metals, rubber or rags, when enclosed- Yards by a solid fence, or open fence with shrubs planted in front. 12.24 Asphalt plants may be permitted provided: Asphalt Plants 12.24(a) They are equipped with filters and/or other equipment to prevent air pollution as required by the Building Inspector-, 12. 2-4 (.b)- -Any site location must be temporary and must be approved by.the Board of Zoh'i.ng Adjustments; and 12.24(cl All petroleum storage will have to be approved by the Chief of Fire Prevention,, 49 12.3 Area and'. Bu I k 116gulati6ns The followl.ng. r.egulations limiting 'the development and arrangement of buildings and/or lanj a-re required for all permitted and conditional 6ses.- 12-31 Minimum lot width s'hall be seventy-five (7.5) feet and -Lot Requirements minimum lo.t depth shall be one.-hundred fifty (150) feet. Minimum-front-yard shall be forty (40) feet from the Ya rd Requiremenfs center line of the street. This yard shall not be used. for any purpose other than the necessary drives and walks and shall-not be used for off-street parking. If side yards are provided, thdy shall be-at least fifteen, (15) feet, If the plot abuts a residential area there shall be a rear yard of at least fifteen (15) feet,and side.yards on the abutting side or sides as required by that residen- tial district. 12-33 The location of permitted and conditional uses within the Flood Plain Requirements district and all construction and alteratio.ns shall conform to the Elizabeth City Flood Plain Ordinance, 12-34 As required,in Article V Street Planting Strip, Buffers, Landscaping 12-35 As required in Article VI Off-Street Parking and Loading/Unloading 12-36 No portion of any entrance driveway leadi.ng from a public Curb Cuts street shall be closer than fifteen (15) feet to the property line corner of any intersection measured from the right-of-way line. 50 The width of any entrance driveway leadi.ng from the public six street shall not exceed thirty A36) feet at its intersection with the curb or street line. No two (2) driveways leading from a public street shall be within twenty (20) feet of each other measured along the full height of the curb. 12-37 No obstruction of any kind or nature to the visibility of Corner Visibility. vehicles on streets at intersections shall be erected, maintained or allowed to exist. This area of visibility shall be considered to be' not more than three (3) feet h,igher than the curb level and not less than ten (10) feet from the property corner. 12-38 All signs shall conform to the.Elizabeth City Sign Control Signs Ordinance. Section 13. HCL Highway Commercial-"Disteict - Large*Lol-. This district is established to allow commercial development for the retaili.ng of. goods and services and providing offices and personal services on the major thoroughfares of the City without creating strip development. Since such uses are dependent upon vehicular traffic and subject to the views of the motoring public, provisions for controlled traffic movement, ample parki.ng and loading and suitable landscaping are required to protect the health, safety, and welfare of citizens. 51 The Large Lot Highway Commercial District.0 acre minimum) is intended to permi't those commercial uses not appropriate for shopping centers which desire large lots frontifig on a Tnajor thoroughfare and do most of their business with the motoring public, These lots are of sufficient size and frontage that they do not promote strip development and its resulting auto congestion. 13.1 Permitted'Uses The following shall be permitted by right:.@. 13-11 Including, but not limited to, stores retailing: Retail Stores Antiques Appliances Automobiles & automobile supplies Bicycles Drugs Electrical and plumbi.ng fixtures Farm equipment Furniture Groceries Hardware Meat Motorcycles Notions Paints Paint and wallpaper Upholstery 13.12 Churches Services Drive-ins dispensing food Dry cleani ng and laundry Funeral homes Motels Offices, public and private, includi.ng post offices Restaurants Service Stations Tourist homes Marinas 13.2 Conditional*Uses Permitted These uses.shall be permitted subject to the additional regulations imposed; 13.21 As required in ArticI6'VI Planned Unit Developments 13.22 Sales and repair of automobiles, trucks, and.agricultural Motor Sales and Repairs implements shall be permitted provided all repair is per- formed inside a buildi.ng.and that all parki,ng or storage of vehi,cles is provided off the public right-of-way and ten (10) feet to the rear of the front property line. 13.23 No animal storage shall be allowed within one hundred (100) Animal Hospitals feet.of any resIdential use as measured from any point on the property li.ne. 13.24 It is the intent of thts section.to permit existi.ng residences Residences to continue until removed. No new residences shall be permitted. All structural alterations to existing residences shall be approved by the Board of Zoning Adjustments. 13.25 The followi.ng uses may be permitted by the Board of Zoni.ng Commercial Recreation Adjustments provided they meet at least the followi.ng require- ments: 13.25(a) Adequate turning lanes, driveway entrances, and off- street parking are provided to relieve traffic con- gestion in the street or h.ighway. 13.25(b) All facilities except parking are located at least two hundred (200) feet from any exterior propertY line bordering a residential district. Baseball batting Bus Stations Carnival ri*des Children's merry-go-round -Go@cart tracks Golf driving ranges' Miniature golf Taxi stands :)za 13.26 Nightclubs, beer halls, cocktail lounges, indoor amusement Nightclubs, Beer halls, centers, and other similar activities operating as a Cocktail Lounges, primary use may be permitted by the Board of Zoning Indoor Amuse- ment Centers Adjustments, upon recommendation of the Planning Commission, provided that no part of the property so used shall be close enough to any residential district to cause a nuisance by reason of noise, vehicular congestion, or other objectionable characteristics, to uses which may locate in the residential district. Dis- tance, property orientation and other criteria shall be used in determining what should constitute a suitable relationship between the proposed conditional use and the residential area. A minimum separation of 50 feet from the nearest property line of any church, school, child nursery, college, or university shall be required. 13.3 Area and-BUNReg6l6tions The followi.ng regulations limiti.ng the development and arrangement of butidings and/or land are. required of -all permitted and conditi,onal uses in this district. 13-31 Minimum lot area shall be one (1) acre. Minimum frontage Lot Requ i remen ts alo.ng the major thoroughfare shall be -two hundred (200) feet with a minimum lop'idepth.of one hundred (100) feet. 13-32 13-32(a) Minimum front yard depth shall be fifty (50) Yard Requirements feet from along the edge of the thor.ughfare right- of"way. 13-32(b) The first twenty"five (25) feet from the edge of the thoroughfare right-of-way shall be developed as a buffer and landscaping strip in accordance with Article V Section 1.1 , of this Ordinance and shall not be used for any purpose except for the necessary drives and walks and shall not include off-street parking. 13-32(c) There shall be no sideyard requirement except whE:n_ the property abuts a residential district on the side, then it shall be the same on the abutting side or sides as required by that residential district. Minimum rear yard depth shall be fifteen (15) feet. 13-33 There shall be no building height requirement in this district. Building Height- 13-34 As required in Articl6'VI It Off-street Parking and Loading/Unloading 54 13-35 13-35(a) No portion of any driveway providing ingress Curb Cuts and egress to a major thoroughfare shall be closer than one hundred (100) feet to the corner of any street intersection or thoroughfare access street measured from the right-of-way line. Where major thoroughfares intersect as identified by the Elizabeth City Thoroughfare Plan, no portion of any driveway shall be closer than two hundred (200) feet to the corner of the intersection measured from the right-of-way line. 13-35(b) No portion of any driveway providing ingress and egress to a major thoroughfare shall be closer than fifty (50) feet to the side property line measured from the street right-of-way line. 13-35(c) A minimum of one (1) curb cut per lot providing ingress and egress to a major thoroughfare shall be permitted. 13-36 No obstruction of any kind or nature to the visibility of Vehicle Visibility vehicles at curb cuts shall be erected, maintained, or allowed to exist. This area of visibility shall be con- sidered to be not more than three (3) feet higher than the curb level and not less than ten (10) feet from the property corner. 55 13-37 Sidewalks and planting strips according to City standards Sidewalks shall be provided along the front property line to protect pedes- triians and provided access. 13-38 Signs shall conform with the Elizabeth City Sign Control Signs Ordinance. 13-39 As required by Article VIII. Street Planting Strips, Buffers, Landscaping 13-40 The location of permitted and conditional uses within the Flood Plain Requirements district and all construction and alterations shall conform to the Elizabeth City Flood Plain Ordinance. 56 ARTICLE V. STANDARDS FOR STREET PLANTING STRIPS, BUFFERS, AND LANDSCAPING To provide glare reduction, provide a more attractive and healthful environment, reduce noise and air pollution, protect occupants and residents in all residential, commercial, institutional, manufacturing, and apartment districts, to prevent street heat build-up and subsequent surface deterioration, better control of street flooding, and generally make the City a healthier, safer, and more pleasing place.-in which to live, the followi.ng street planti.ng strips, buffers, and landscaping standards shall apply: Section 1. Street Planting Strips. In all zoning districts the following street planting strip stan- dards shall be followed unless otherwise set forth: 1.1 Width Requirements Except for the C-4 district, new development along all streets Street Planting Strip for New shall provide a 15' wide planting strip along the inside Development of all property lines abutting a public street., Additionally, all new development of lots abutting an existing or proposed major thoroughfare which is four-lane or proposed to be four- lane as identified in the Elizabeth City Thoroughfare Plan, including Highway 17 North and South, Hughes Boulevard, Weeksville Road, Halstead Boulevard, Ehringhaus Street, and Elizabeth Street, shall provide a 25' wide planting strip along the inside of all property lines abutting the major thoroughfare. 1.12 On pre-existing developed lots where sufficient road frontage Street Planting Strip for ' depth is not available for the required planting strip in 1.11 Pre-existing Development above, all available yard depth shall be utilized to provide 57 the required front planting strip width, Such planting strip area can be combined with other plant material on the site to provide attractive landscaping throughout.the property. 1.2 Planting Requirements 1.21 Required street planting strips shall consist of planted .Plant, Material shrubs, ground cover, hedges or other live plant material Requirements placed in combination with trees planted approximately 50' apart. For maximum protection for pollution and for noise control, such landscaping should consist of closely planted shrubs and hedges of increasing heights followed by larger shrubs and trees further from the street with such planting strip extending along the entire lot frontage abutting the street, except where prohibited or restricted by vehicular or pedestrian crossi.ngs or by other Zoning or Code requirements.. 'In cases of larger lots with deeper yards, the required land- scaping can be provided adjacent to the structure or in com- bination with other landscaping on the site. 1.22 Such street planting st.rips may be combined with landscaping Use of Right-of-way, by the applicant, within the City's right-of-way, provided such; plantings and the placement thereof have been approved by the City Council upon the recommendation of the Planning Commission. The Council may also reduce the requVred street planting strip width on the inside of the property line abutting the street one foot'(14) for each one foot W) utilized in the- City's right-of-way. 58 Section 2. Buffers Buffers are required for land use activities or districts to separate incompatible uses or reduce adverse conditions. Individual rezoning request which have been studied and evaluated for unique buffering situations may have requirements imposed above those indicated below. Such additional requirements shall be approved by the City Council upon Planning Commission recommendation and be so stated in any zoning approval. As a minimum, the following buffers and screening shall be provided: 2.1 Buffer Requirement 2.11 Where commercial uses or districts abut or are adjacent to Commercial Buffer Width a residential, institutional or apartment use or district, a 101 wide buffer shall be provided along the inside of the property line abutting the residential, institutional, or apartment use or district. 2.12 Such buffer shall consist of a 101 plant screen consisting of Buffer Plant Material closely planted hedge, shrubs, trees (approximately 50 to 100 feet apart) and other vegetation along the entire property -- Itne except where restricted by access or other zoning or Code restrictions. 2.13 Parking lots or open storage areas that abut a residential, Parking Lots/ Open Storage institutional or apartment use or district shall provide a Spaces 15' buffer alona the entire abutting.-property line, as set forth in Section 2.12 of this Ordinance. 59 2.14 In all industrial districts, a plant buffer strip shall be Industrial Buffers provided around that portion of the property or industrial district that abuts a residential, institutional, or apart- ment use or district as well as a street or any other portion of the property as indicated by the City Council upon Planning Commission recommendation. The minimal plant buffer shall not be less than 154 in width as set forth in Section 2.12 and may be increased in width according to industrial type, site landscapi.ng, parki.ng lot location, use, or other considera- tions as determined by the City Council upon Planning Commission recommendation. Section 3. Landscaping. All new development (excluding open;parking lots which shall meet. the requireinents of Article VIII) within coinmercial, industrial, institu- tional , and apartment districts, except the C-4 district, and in, all new multi@family development and planned unit developments, landscaping consisting of trees, shrubs, ground coverP grass and other plant material or area left in the natural state shall be provided on at least fifteen .05) percent of the site, 3-1 Landscaping Requirement 3.11 Any.required open space, @uffers,_,screenipg or street planting Area Requirement strips may'be used to satisfy the fifteen,'(15) percent land- scaping requirement. 3.12 Maximum effort shall be made to utilize a portion of the Shading required fifteen.-(.15) percent landscaping around primary use structures to eventually provide approximately thirty 60 (30) to fifty (50) percent shading of all exposed horizonta building surfaces and particularly southern walls adjoini.ng sidewalks and other pedestrian areas. Where possible, vege- tation types should be selected to minimize shading of struc- tures during the winter and maximize shading during the summer. Such areas should consist primarily of decidious types placed primarily alo,ng southern exposures. Additionally,pines.-.a6d - flowering plants, as well as mechanical shade devices can be utilized to provide shading for structures. 3.13 Shading of structures should be limited primarily to horizontal Solar Devices surfaces to allow for the potential use of solar energy systems on roof tops or peaks. Shading of such roof peaks or areas supporting or used for solar ene.rgy devices shall be avoided wherever possible and any adjoining shading, landscaping, or buffering requirements shall be located so as not to adversely interfere with the maximum available insolation upon such roof areas. Decidious trees should be utilized for shading of struc- tures providing for solar systems.. Section 4. Review, Permits, and Exceptions Except for single family development within residential districts where buffers, planting strips, and landscaping are required, a site or design plan shall be submitted to the Chief Building Inspector prior to issuance of a building permit oe Certificate of Compliance. This site or design plan may be a part of the plot plan required for an application for a building permit in accordance with Article Vill, Section 3. 61 4.1 Rev i ew The Chief Building Inspector shall review the landsca ping plan with the Planning Director and may request the Planning Commission to make any recommendations on- or approve the plan prior to making any final disposition. 4.2 Certificate of Compliance Where weather or season permits, 75% initial planting to satisfy buffer planting strip or landscaping requirements shall be evidence before the issuance of.a Certificate of Compliance. 4.3 Variances Variances from the above buffer, planting strip and land- scapi.ng requirements may'be. granted by the Board of Zoni.ng Adjustments on recommendation by the Planning Commission, provided the intent of this Article is preserved. 4.4 Non-conformin@ uses A-11 non-conformi.ng uses or situations-not in compliance with Sectionsl-3 of this Article, shall be required to comply with these provisions within ten (10).years followinr g the adoption of this Ordinance, unless an add i t i,ona Ireasonbble amortl@za- tion period or variance is granted upon appeal to the Board of Zoning.Adjustments. 62 ARTICLE VI. PLANNED UNIT DEVELOPMENTS (PUD) CONDITIONAL USE: The intent of the Planned Unit Development Conditional Use is to permit greater flexibility and, ultimately, more creative and imaginative design for the development of areas than. generally is possible under conventional zoning regulations. It is further intended to promote more economic and efficient use of the land while providing a more harmonious variety of dwelling choices, a higher level of urban amenities, and preservation of natural scenic qualities and open space. For the purpose of this Ordi'nance, the planned unit development (PUD) is designed as a land development project planned as an entity, by means of a site plan which permits flexibility in building siting, mixtures in housing types and land uses, useful open space and the preservation of significant natural features. Subject to the approval of the City Council, the design standards as set forth in this Ordinance may be modified by the Planning Commission and may consist of offices, institutions, stores, industries, townhouses, and residences or any desireable combination of these establishments. Proposed ownership of a planned unit development may be individual, partnership, corporation, cooperative, condomini.um,,orany desireable combination. Section 1. Area and Bulk Requirements The following regulations limiting the development and arrangement of buildings and/or land are required within this Article: 1.1 Lot Requirements Individual lot size may be varied, but the overall density of a planned unit development shall not exceed that permitted by the applicable zoning district. 63 Section 2. The North Carolina Unit Ownership Act Unit ownership may be created by the owner or co-owners of a building by an express declaration of their intention to submit such property to the provisions of the "Unit Ownership Act of North Carolina," which declaration shall be prepared in strict compliance with the North Carolina Unit Ownership Act, reviewed. and approved by the Planning Commission and recorded in the office of the County Register of Deeds. 2.1 Application Application for a RUD Conditional Use shall be made to the Planning Commission and shall include a site plan showing: 2.11 Location 2.12 Dimensions and proposed use of all property and buildings; 2.13 All existing or proposed public or private easements; 2.14 Base flood elevation line; 2-15 Rights-of-way; 2.16 Curb cuts; 2.17 Driveways; 2.18 Off-street parking and loading/unloading areas with spaces delineated; 2.19 Walkways; 2.20 Proposed walls, fences or other screen[ng materials; 2.21 Types of pavi.ng or other surfaci.ng to be used; 2.22 Surface water drainage plans; 2. 23 Any desi!3nated or potential Areas of Environmental Concern, marshes,. swamps, unique wooded areas and other natural con- dit.i,ons'affecti.ng the site; 2.24 Landscaping plans, showing proposed'plant materials; 2.25 Recreation/open space areas and proposed facilities; 2.26 Various other site information as may be necessary to describe completely the proposed development. 64 Section 3. PUD Site Planning: External'Relationships Site planning in the proposed PUD shall provide protection of the development from potentially adverse surrounding influences, and protection of surrounding areas from potentially adverse influences within the development. Consideration will be given to the location of uses, buffers, screening, set-backs, and street design and arrangement in the evaluation of the relationship of the development to its surrounding areas. Section 4. PUD Site Planning: Internal'Relationships 4.1 Service and emergenty'access. Access and circulation shall adequately proVide for fire fighting equipment, service deliveries, and refuse collec- tion. 4.2 Underground Utilities. 4.21 Planned unit developments shall provide for underground Electricity & Communications installation of utilities, including telephone and power,in both public and private rights-of-way, except when extreme physical conditions make this requirement unreasonable. 4.22 Provisions shall be made for acceptable design and construc- Storm Sewers tion of storm sewer facilities including grading, gutters, piping and treatment of turf to handle storm waters, prevent erosion and formation of dust. 4.3 Pedestrian Ways 4.31 Walkways shall form a logical, safe, and convenient system Walkway Location for pedestrian access to all dwelling units, project facilities 65 and principle off-site pedestrian desti[nations. -Walkways to be used by substantial numbers of children as play areas or routes to schools or othCr destinations shall be so located and safeguarded as to minimize contacts with normal automotive traffic. 4.32 Street crossings shall be held to a minimum. The use of Street Crossings pedestrian underpasses and/or overpasses is encouraged. 4.33 Wail'kways may be combined with other easements and Emergency/Service Vehicle used by emergency oIr service vehicles, but shall not be used Usage by other automotive traffic. 4.4 Open Space In PUD projects, fifteen (15) percent or more of the gross acreage shall be reserved as open space, designed and intended for the enjoyment or use of residents or patrons of the pro- posed development or for the general public, not including streets or off-street parking areas. 4.41 Common open space shalt be substantia-Ily free of structures Structures but may contain such improvements as are appropriate for the benefit of the users. Residential portions of a PUD must comply with Article 5, Section 11 (Recreation, Park and Open Space) of the Elizabeth Citv Subdivision Regulations. 4.42 The location, shape and character of the common open space Location must be suitable for the prpposed development. 66 4.43 Common open space shall be used only for amenity or recrea- Use tional (active or passive) purposes of a non-profit nature. However, this does not preclude a monetary charge for recrea- tional purposes, such as golf course, when such uses are primarily for the residents of the planned unit development. The uses authorized for the common open space must be appro- priate to the scale and character of the development, con- sidering its size, density, expected population, topography and the number and type of dwellings to be provided. 4.44 Common open space must be suitably improved for its intended Improvements use, but common open space containi.ng natural features clearly worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the area having regard to its topography and unimproved condition. 4.45 Provision for continuous maintenance of open space set aside Maintenance in accordance with the above regulation shall be made by the developer or through the establishment of a home owners' associa- tion, as set up in Article 5, Section 11(e), of the Elizabeth City Subdivision Regulations, or through dedication to the City, if acceptable. 67 ARTICLE VII. MOBILE HOME DEVELOPMENTS Because of the special problems related to mobile home develop- ments that are not necessarily associated with other developments, it is necessary to provide for separate standards relating to their construction so as to: (1) Pro- mote the safety and health of the residents of such communities and of other coal- munities; (2) Encourage economical and orderly development of such communities and other nearby areas; and (3) Provide appropriate locations with improved amenities within the community which are accessible to and specifically for mobile homes, including renter or owner units. Section 1. Application for Special U�6'Peemit Required It shall be unlawful for any person to construct, alter or extend any mobile home development within the planning and zoning juris- diction of Elizabeth City unless he obtains a special use permit approval for the specific construction, alteration, or extension proposed. Prior to consideration for a special use permit, the mobile home development parcel shall be zoned as a -residential mobile home district (RMH District). 1.1 All applications for special use permits shall contain the following: Specific Data 1.11(a) The area and dimensions of.the tract of land and Required relationship to adjacent areas; 1.11(b) The location of all mobile home lots or mobile home stands; 1.11(c) The location and width of roadways, including proposed, existing,-and adjacent access roads; 1.11(d) Plans and specifications of the water supply and sewage disposal facilities; 68 1.11(e) Plans and specifications for all community service buildings; 1.11(f) Surface water drainage plans'; 1.11(g) Sedimentation control plans; 1.11(h) All structures in the park site (present or proposed); 1.110) Recreation areas and proposed facilities; 1.11(j) Method of surfacing roads within the park; 1.11(k) The location of all utility lines, location and inten- sity of area lights, utility raiser di.agrams and typical utility connections to mobile homes or a statement indicating that the power or utility companies will be responsible for design and installa- of the electric or utility system; 1.11(l) Where City water and sewer are available, approval by the City of Elizabeth City or the applicable County agency for water and sewer for areas beyond the City's system; 1.11(m) Designated as potential Areas of Environmental Concern unique wooded areas, marshes, swamps, floodways and flood plains (as shown on the maps for the Federal Flood Insurance Admtnistratron of the applicabTe Flood Plain Ordinance) and other conditions affecting the site. 1.11(n) Zoning classification(s) for the park site and adjoining properties. 1.11(o) In the case of any park located wholly or partly within a flood p lain or floodway a-rea-as such plain or area is designated in any applicable flood plain or flood hazard ordinance, the Planning Commission 69 may require evidence which, in its ju,dgement, is satisfactory to show compliance with such Ordinance. 1.11(p) In the case of any park which is located wholly or partly within an "area of environmental concern" or conservation land classification, as such is desig- nated in the CityLandUse Plan and by the Coastal Resources Commission, the Planning Commission may require evidence which, in its ju.dgement, is satisfactory to show the issuance and compliance with any necessary permits or limitations. 1.11(q) In the case of any park involving land or facilities -dedicationa,-c- restrictive-covenants'.created by the developer, or a property owners' association (mobile home owners' or travel trailer owners' associ- ation) created by the developer, the Planning Conimis-' sion may require the submission of all legal docu- ments relating to such things and may also require the City Attorney to review such documents as to their legality,at the expense of the developer. 1_71 H_ 'In the case.of-any park involving any facility,-pro- ject, activity, undertaking, or development which may require a permit under any Federal, State, or local' laws or.re lations, the P -qu lanning Commission may require evidence which,in its judgement,is satis- factory to show the issuance of such-permit or the exemption of such facility, project or development from the requirement of such permit. 70 1.12 Any other information considered by either the developer or Other Data the Planning Commission to be pertinent to the approval of Required the application shall be submitted, including: 1.12(a) An environmental impact statement if the proposed park or expansion of an existing park exceeds two (2) acres in size and if the Commission deems it necessary due to the nature of the land or peculiar- ities of the proposed layout. 1.12(b) Advertising materials to be used in selling lots or dwellings. 1.12(c) Design da.ta and sale price ranges for any dwellings to be constructed or considered. 1.2 Application Review App I i cations for speci a I use permits shal If irst be reviewed by the Elizabeth City Planning Commission who shall make recommendations to the City Council. The Planning Commission may require resubmittal of a revised plan, if the proposed plan is not Enaccordance with the provisions of this Ordinance or considered not to meet the development standards. Failure on the part of the Planning Commission to act within sixty (60) days after the plat is submitted to the Planning Commis- sion shall be deemed as approval by the Planning Commission. A fee of one dollar ($1.00) per lot or a minimum of ten dollars ($10.00) (whichever is.greater) shall be cha.rged for processing a special- use permit application. 1.3 Application Decision Process 1.31 The City Council shall make the final decision. A public hearing may be held by the City Council to make a final decision. In 71 making a final decision, the City Council shall evaluate the special use application and make findings as follows: 1.'31(a) That the use will not materially endanger the public health or safety if located where proposed and developed according to plan submitted and approved; 1-31(b) That the use meets all required conditions and sped- fications. 1-'31(c) That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 1-31(d) That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in'general conformity with the Elizabeth City comprehensive plan. 1.32 Secondary In determining the findings, the City Council shall consider, Findings among other findings: 11-32(a) The potential adverse effect the mobile home del/el,-Pp-- ment might have on the- character of adjacent dis- tricts, property values, or any adverse effect on the development itself. 1-32(b) Any adverse impact the mobile home development might have on any special interest district or area such as the Downtown oir West Main Street Historic Districts or conservation easement areas. 1-32(c) Whether or not the proposed mobile home development meets the requirements of this Ordinance and all applicable local, State or Federal requirements,P 72 and is in keeping with the City's comprehensive plan, including the Land Use Plan. 1.4 Special_Use Permit Approval or Disapproval The City Council may require the developer to submit a revised plan, if the development is not approved or conditionally approved. If the development is not approved, the reasons for such action shall be. stated, and recommendations made on the basis of which the proposed development could be approved. Approval of the special use permit by the City Council shall be the authortzation for the mobile home development construc- tion to begin with authorization to proceed in obtaining necessary building permits. Appeals from the City Council's decision may be taken to the Pasquotank County Superior Court. Section 2. Assurance of Completion as Planned and Approved by the Special Use Permit Within one (1) year after approval of a special use permit, the mobile home development shall be completed as required for final approval and issuance of an operating permit. An extension of time may be granted by the City Council, but shall not exceed two (2) years from the date of approval of the special use permit. Additional time shall require reapplication for a special use permit for con- struction to continue. In certain cases, as determined by the City Council with recommenda- tions from the Planning Commission, guarantee of improvem ents shall be required as set forth in the Elizabeth City Subdivision Regulations. 73 Section 3. Operating Licenses and Specific Requirements for Final App-oval 3.1 Assuance*6f Ooeratih@'Licens& and Final Approval Upon completion of the mobile home development as planned and in accordance with this Ordinance, and upon a final inspec- tion by the Chief Building Inspector to insure compliance, an Operating License and Certificate of Compliance shall be issued by the.Chief Building Inspector as final approval. 3.11 It shall be unlawful for any mobile home development to occur, Operating Require ments operate, or be constructed, expanded, cor altered without:- 3.11(a) Being authorized by a special use permit, and 3.11(b) Holdi.ng an operati.ng license,,. issued upon final approval of-such development and renewed annually. 3.2 Mobile Home Park Final Approval For final approval of a mobile home park,the followi.ng elements shall be completed as planned and in compliance with this Ordinance: 3.21 The construction of the following items shall be completed Construction Requirements prior-to final approval: 7. @7 Streets, utilities (including primary and individual water-, sewer, and electrical systems), drainage ways, common and individual parking areas, mobile home stands, utility con-- nection facilities, recreation area, required special facilities, layout of lots, and required environmental amenities. 3.22 Prior to final approval,a mobile home development management Management -Program program shall be completed. 74 3.3 Mobile Home Subdivision For final approval of a mobile home subdivision, the following elements shall be complete as planned and in compliance with ,this ordinance: 3.31 Construction of streets, utilities (including primary distribu- Construction Requirements tion of water, sewer, and electrical system, but does not have to include individual utilities to or connections on individual lots or mobile home stands), drainage ways, common walks, recrea- tion areas, required special facilities, layout of lots, and required environmental amenities. 3.32 Operating licenses shall be renewed annually and shall be obtained Renewal & Fees upon annual.inspection and approval by the City Building Inspector. A fee of ten dollars ($10.00) shall be charged for inspection and issuance of each operating license. 3.33 Prior to final approval, a mobile home development management pro- Management Program gram shall be completed. Secti-on 4.-- Mobile Home Development Standards 4.1 The minimum area required for the development of a mobile home park or subdivision shall be one (1) acre. The area shall be zoned- as-a residential-mobi le home district (RMH) In addition, condition of soil,. ground water level, drainage and topography shall not create hazards to the property or the health or safety of the residents. The site shall not be exposed to objectionable smoke, dust, noise, odors, or other adverse influences, and no portion subject to predictable sudden floodi.ng or erosi on shall. be used for any purpose which would expose persons or property to hazards. 75 4.11 The minimum lot size for a mobile home park shall be at Minimum Lot least 6,000 square feet with a sixty".(60) foot width"for Size each mobile home. The minimum lot size for a mobile home subdivision shall be at least 8,000 square feet with an eighty (80) foot width for each. mobile home. These minimum lot sizes shall require both central water and sewer. The District Health Department lot size requirements shall prevail in s-ituations where central water or sewer are not provided. 4.2 General Development Standards The followi.ng.general standards for a mobile home development shall be met: 4.21 No mobile home shall be located closer than 20 feet from Mobile Home any other mobile home or permanent building within the mobile Placement home development, except in the case ol: accessory structures_ on the mobile home lot, in which case 10 feet shall -apply. All mobile homes shall be located at least 25 feet from the property boundary line and at least ten (10) feet from other boundary or lot lines of the development. 4.22 Mobile home stands shall not occupy an area in excess of Mob i le Home one-third (.1/3),of their respective lot area. The accumulated Stand Placement occupied area.of the mobile home and its accessory buildings on a mobile home lot shall not exceed two-thirds of the respective lot area. 76 There shall be a minimum distance of ten (10) feet between the mobile home stand and the local or access street. 4.23 Not less than eight (8) percent of any mobile home development Recreation Areas parcel shall be provided for a recreation area and facilities unless otherwise indicated. This area shall generally be provided in a central location suitable for such use. In larger developments or more than ten.(10) acres, recreational areas and facilities may be de-centralized, provided one large play area (to accomodate a ball or playing field) remains intact. Recreational areas may include space for community service facilities, such as indoor recreation, hobby and craft areas, service functions (laundry, office, and lavatories), and swimmi.ng pools. Recreational areas shall be permanently reserved by legal easement or dedicationiand require a legal and binding agreement for the provision and maintenance of recreational areas and facilities, Subject to City Council approval, the City of Elizabeth City Recreation Department may participate in any such agreements. Where individual lot areas are substantially above the minimum standards by fifty (50) percent or more, an exemption shall be granted in required recreation area to an extent that an absolute minimum of 100 square feet per lot shall be considered sufficient for the recreation area, provided that no recrea- tion area shall contain less than 6,000 square feet for a mobile home park and 8,000 square feet for a mobile home sub- division, However, the City Council may require the dedication and development of a larger central area in mobile home 77 developments of tenJ10) acres or more for purposes of a recreational area owned by a home owners' association or by the City. Where a mobile home development is less than two (2) acres, or has fewer than ten.(.10).mobile homes, the recreational area and facility requirements may be exempted by the Planning Commission and City Council. 4.24 A minimum area of twenty (20) feet wide -shall be reserved Screening and maintained for screening or bufferi.ng purposes around the entire mobile home development outer boundary or property line. This buffer or screen area shall not be deducted from any mobile home lot that borders the boundary. The screen or buffer area shall be provided as follows: 4..2k-(.a) All mobile home development boundaries adjacent to streets,, railroads, industrial or commercial uses, or any other use incompatible with residential development shall be provided with sufficient screening in the form of an eight (8) foot high fence or natural growth (trees, and l6ndscaped plan tings, or open space) to shield the mobile home development residents from adverse effects or incom- patible uses. 4.23(b) All mobile home park boundaries adjacent to residential uses shall be provided wifh screening in th e form of a fence or natural growth. 4.23(c) A buffer of open space without natural growth or 78 fence buffer may be sufficient along boundaries adjacent to the natural environment, such as water courses, forest, or open fields, provided adequate screening shall be provided at a future time if incompatible uses occur in these areas after the mobile home development occurs. Section 5. Mobile Home Development Improvements Mobile home development improvements, such as streets and related site improvements shall be provided as follows: 5.1 Traffic Circulation and Street Design All mobile home developments shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. Such access shall be provided by streets, driveways, or other means. 5.11 Entrances to mobile home developments shall have direct Entrances connection to a public street and shall be designed to allow free movement of traffic on such adjacent public streets. No parking shall be permitted on the entrance street for a distance of one-hundred (100) feet from its point of beginning. 5.12 The street system shall provide convenient circulation by means Circulation and Access of properly located and well-drained street layout with conven- -A-ent access provided'--to each mobile home stand and other facilities. The access to each stand on the mobile home lot shall be reserved for such use and kept free of immovable obstructions with the exception of small plantings. This access shall be 79 aligned and graded for safe and efficient movement of the mobile home, but need not be paved. 5.13 Dead-end streets shall be limited to 500 feet in length Dead-end Streets with their closed end provided with adequate turn arounds or cul-de-sacs consisti.ng of at least e.ighty (80) feet diameter. 5.14 The street system shall be designed and graded for adequate Street Des.ign drainage and provtde ample movement, turni.ng, and marieuverill.ng Layouts space for safe and efficient handling of any mobile home as well as normal traffic use. Tight corners, curves, or access spaces shall be avoided. 5.15 A minimal street r.ight-of-way of fifty (50) feet shall be .Street R.ight-of-way reserved to insure adequate unobstructed maneuvering space for traffic circulation, utility easements plantings, common walks, and street pavement with curbs or valley gutters. 5.16 Pavement shall be of appropriate material consisting of a Pavement Requirements prepared base or sub-base composed of a uniformly. graded, durable, well-drained, and compacted material two (2) to four (4) inches thick, and a smooth and hard wearing surface composed of bituminous concrete, cement with expansion joints, or oth'er dense and durable material one (1) to five (5) inches thick. Pavements-shall-be of adequate widths to accommodate any com- templated parking and traffic load. Minimum paving widths (face-to-face of curb) shall be twelve (12) feet per traffic lane with e.ight (8) feet for any parallel parking lane. 80 Pavement edges shall be protected by mountable curbs or con- crete valley. gutters to prevent edge raveli.ng and shifting on the base, as well as provide for drain.age. The surface. and curbs or gutters shall be maintained free of cracks or holes. 5.17 Street intersections should generally be at right angles Street Intersections with intersections of more than two (2) streets or off-sets at intersections avoided. 5.18 Street.grades shall be sufficient to insure adequate drainage Grading and safe traffic flow. 5.19 Lighting shall be located every 100-200 feet throughout the Lighting street system. Potentially hazardous locations, such as major street intersections, speed bumps, steps, or stepped ramps shall be individually illuminated. 5.2 Maintenance add Reservation 5.21 In addition to the street standards above, all streets Street Dedication intended for State maintenance shall also be designed to meet the Department of Transportation, Division of Highways Minimum Design and Construction Criteria. All streets intended for State or local maintenance shall be dedicated and approved as set forth by the Department of Trans- portation or Elizabeth City Subdivision Regulations. All streets considered for private maintenance shall be by written and legal agreement binding to all current or any 81 future owners of the development. All such streets shall be reserved thro.u9h dedication or easement to the appropriate authority or organization for the safe and convenient access to each mobile home lot or community service facility. 5.3 Parking Improved car parking spaces shall be provided to meet the needs of the mobile home occupants and guests, but shall not be less than two (2).car spaces for each lot. These spaces can be provided in tandem off-street, or as one-off-street and one on-street parki.ng facility. 5.3 Mobile Home Stbhd'DriV&Way An improved driveway at least ten (10) feet wide shall be provided where needed to allow access to the mobile home. The off-street parking space and driveway may be combined. 5.4 Walks 5.41 Common walks shall.be provided in locations where pedes- Common Walks trian traffic is concentrated, for example, between a con- of mobile homes and a community facility, office, or other important facilities, or where,.@pedestrian t rain traffic walks shall be at least three (3) feet wide without barriers to the handicapped., Sidewalks may be combined with street sides or curbs. 5.42 Individual walks may be provided at all mo4i.le.home stands Individual Walks and may be connected to common walks, or to streets, driveways:, or parking spaces. Such individual walks, where provided, shall be a minimum of one and one-half (1-21) feet in width. 82 5.5 Drainage Places for the collection and disposal of surface and sub- surface water shall be provided in the form of paved gutters, or drain lines. These drainage facilities shall, be construc- ted of adequate size, design and material to be durable and appropriate for proper drain.age. Drain.age facilities shall be located in public rights-of-way or dedicated easements, includi.ng street rights"of-way. All drainage facilities shall be enclosed,- included in curb des.ign, or attractively con- structed. Section 6. The Mobile Home Lot 6.1 . General Improvem6nts Each mobile home lot shall be provided with the following improvements prior to or at such time as the mobile home is located thereon. These provisions shall be made by the developer or owner of the mobile home park, or may, instead, be provided by the individual lot owner in a mobile home subdivision. 6.11 Each mobile home lot should be provided with an outdoor living Outdoor Living and and service area. Such area should be improved as necessary Service Area to assure reasonable privacy and comfort. A minimum area should be not less than 300 square feet with a least dimen- sion of fifteen (15) feet. Individual walks, parking spaces, and driveways shall be provided in accordance with Sections 5.2, 5.3, and 5.4, of thisArticle. 83 6.12 Amobile home stand shall be provided to serve as a Mobile Home fixed support for the mobile home and frame. The stand Stand shall be designed so as to remain intact without unsafe deformation or abnormal internal movement under the weight of the mobile home due to frost action, inadequate drainage, vibration, wind, or other forces acti.ng on the structure. The mobile home stand shall-be graded for adequate Surface drain.age. At a minimum, the stand shall contain runways along the entire stand length for the mobile home frame supports and shall be constructed of a suitable and durable material capable of supporting the weight of the trailer., during removal, placement, or normal use operation. Four (4) inches of reinforced cement or bituminous concrete are considered suitable material for the runways. The stand area shall be sized and shaped to fit the dimensions of the mobile home it will accommodate, and only the size mobile home that can be accommodated by the stand and runway size, and shape shall be allowed, unless provisions have been maide for stand expansion and the necessary expansion has been C-6mplet6d- The mobile home stand shall include adequate provisions for utility connections as set forth in-the State of North Carolina Regulations for Mobile Homes and Modular Housing and adminis- tered by-the Chief Building Inspector. 6.13 All such supports for mobile home development within the Flood Plain flood plain shall be elevated to insure that the mobile Requirements home floor is above the base flood elevation for that area 84 or insurance zone as administered by the Chief Building Inspector. 6.14 Provision for ground anchors shall be made along each Ground Anchors side of the mobile home stand to permit tie downs of mobile homes in accord with the State of North Carolina Regulations for Mobile Homes*6nd'M6duI6r Housing. 6.15 Lot corners shall be appropriately marked. Corner Markers 6.2 Utilities All utilitity connections, and sanitary facilities serving mobile homes shall be in accordance with the State of North Carolina Regulations for Mobile Homes and Modular Housing. Applicable County regulations and the following City require- ments shall apply: 6.21 Each mobile home development shall provide a water supply Water Supply in accordance with Article 5, Section 9(a) of the Elizabeth City Subdivision Regulations. The drinki-ng, cooking. laundry and general bathroom supply for each individual mobile home shall be obtained only from faucets or other such connections located within each mobile home. 6.22 Each mobile home development shall be Orovided with an ade- Sewage and Disposal quate sewage disposal system, in accordance wi.th.the.sewer system standards provided in Article 5, Section 9(b) of the Elizabeth City SObdivi@i6fi*Regul6ti6ns. 6.23 All. 9,arbage and-refuse in any mobile home park or subdivision Garbage Disp osal shall be stored in water tight and fly tight receptacles, in accordance with District Health Department regulations. No person shall throw or leave refuse upon the grounds. It shall be the duty of the mobile home park operator to make certain that all garbage and refuse is disposed of in a regular and sanitary manner within mobile home parks. All dumpsters utilized for garb.age and refuse shall be visually screened, 6.24 Except for mobile home developments of fewer than five (5) Underground Wiring mobile homes, all utility lines for local distribution of electric power and communications service shall be installed underground. Such underground wiring shall be installed in accordance with the standards and requirements of the appli7 cable electrical supplier and communications company. 6.25 Water supply and facilities shall be adequate for fire Fire Protection protection within the mobile home-development and shall be approved by the applicable,fire department having jurisdiC_ t T 6.3 Individual mobile home standards shall be as follows: 6.31"' Mobile homes-shall'be properly anchored or provided with Anchoring tie-downs, in accordance with the State of North Carolina Regulations for Mobi'16:Hom6s and Modular Housing. 86 6.32 All mobile home parks shall have temporary skirting installed Skirting in accordance with the instructions of the park management. All mobile homes within a mobile home subdivision shall have installed a permanent skirting of"brii.6k,cement block, aluminum or similar material. 6.34 Steps shall be provided to all mobile home entrances and shall Steps be durable, safe and convenient to maintain. 6.4 Special facilities required for a mobile home park of 20 or more mobile homes shall be as follows: 6.41 A management office consisting of offices and one restroom Management Office facility shall be provided. 6.42 Management storage facilities, for storing utility, accessories Management Storage and maintenance materials, supplies and equipment shall be Facilities provided. 6.43 Laundry and emergency toilets for each sex 0all be provided Laundry/ Emergency for every 50 mobile home units. The laundry facilities can be Sanitary Facilities coin operated and shall be required unless there is a conven@ent- o-r commercial laundry within close proximity or- if the -equirr;e-nt will not have sufficient use. The above facilities can be combined into a multi-purpose service building, mobile structure, or other structure. Section 7. Requirements fo'r'Mbbi le 'Home Park*or Subdivision Management Program A mobile home park or subdivision shall be required to have a manage- ment program. This program shall be as follows: 87 7.1 The owner or developer(s) of a mobile home park or subdivision shall be responsible for providing a person or manager in charge of a mobile home development whose duties shall be to: 7.11 Provide adequate supervision to maintain the community in Supervision compliance with this Ordinance and other appropriate local,, State and Federal regulations, and to keep its facilities and equipment, if any, in good repair and in a clean,, safe,, and sanitary condition. Notify development residents for all applicable regulations. Supervise and assist in the placement of each mobile home and mobile home stand to insure proper placement, stability, installation, connection, and compliance with all applicable requirements and regulations. 7.12 Maintain a record of all mobile home development residents Record Maintenance or owners identified by street or lot number. 7.13 Notify the property authorities or enforcing agency in the Enforcement event of a health, safety, or other serious problem. 7.2 The management 'P@ojram -shal I al'so-Include'-prov isions o_r: MaIntenance and upkeep provisions; Any specific park or subdivision regulations or maintenance standards; .-Responsibilities or requirements expected of the residents;. SoHd waste, including collection, and disposal where City or private disposal service is not available; Provisions for the control of rodents, debris, storage, growth or brush, weeds, or undergrowth, and other hazards or nuisances. -13-8 Section 8. Other Requirements or Restrictions 8.1 A mobile home park may contain up to two lots for the special purposes of providing temporary overnight facilities or hook up for travel trailers or campers, provided these lots are separated from other mobile homes and meet the District Health Department r.egulations. governi.ng travel trailers. 8.2 Existing Mobile Home Developments Existing mobile home developments shall not be allowed to expand unless such expansion meets the requirements of this Ordinance. 8.3 Completion of Mbbile'Home Development in Stages Mobile home developments may be constructed in stages, provided: 8.31 A special use permit is approved based upon the total proposed Special Use Permit development plan and an agreed upon construction schedule. 8.32 Operating permits are issued for that portion of the completed Operating Permit development. that. is, in comp) ian.ce with this Ordinance_. 8.33 Where the construction schedule is not maintained within a Special Use Permit reasonable time period, not to exceed one.0) year, the Reevaluation mobile home development shall require reevaluation for a special use permit. 89 ARTICLE VIII. OFF-@,STREET PARKING AND LOA DINQ/UNLOADING REQUIREMENTS There shall be provided, at the time.of erection of any buildi.ng or at the time any principal, building is enta,rged' or increased in capacity by the addition of dwelli.ng uni'ts,.quest rooms, seats, or floor area or before con-- version from one..(l), type use or occupancy to another, permanent off"street parking and unloadi,ng space in the amount specified by this Article. Parki.ng requirements for any use not specifically listed or implied shall be set by the Board of Zoning Adjustments. Section 1. Parking Space Defined A parking space is defined as an off-street space available for the parking of motor vehicles, the minimum dimensions of which shall be 9 in width and 18' in le.ngth, with a total of 162 square feet, exclusive of passage way s and driveways appurtenent thereto. Section 2. Minimum Off-Street Parking Requirements Except for the C-4 district, the number of spaces required as a minimum for a particular use shall be as follows: Primary Land Use Activity Required Number of Parking .--.Spaces. per 1000 Square Feet P imary U -'Floor*'Sp- r' - - -Ibse@ "'i ace: Unless Otherwise Stated (1) Retail stores including banks 5 Qffice or.professional 4 Churches, assembly areas, or theatres, including funeral.homes 1 space for every 5 seats Restaurants or other eating places 1 space for every 4 seats Automotive, appliances, furniture, 3 and equipment 90 Primary Land Use Activity Required Number of Parking Spaces Per 100 Square Feet of Primary Use Floor Space Unless Otherwise Stated (1) Medical centers 7 Manufacturing, warehousing, or I for every 3 employees and at least industry I visitor or customer space for each 5,000 square feet of pri- mary use floor space up to 50,000 square feet plus 4 per 100 square feet of office space. Residential,including motels, I per unit, motel room, dwelling single-family, and hotels unit or dwelling Libraries or museums 4 Recreation or communtty centers 30% capacity in persons Motor vehicle sales and other outdoor equipment sales 2 Government and institutional offices 3 Bus station or other trans- portation depots 5 Apartments and multi-family 2 per unit-or dwelling Hospitals or nursing homes I space for each 3 beds Private clubs or lodges 5 Shopping centers 5 Section 3. Parking Spaces-and Dr-iveways Driveways, in the absence of. garages or carports, shall be considered as providi.ng the required off-street parking space for single family and two-family dwellings provided that sufficient space is available in such driveways to meet the requirements of Section 2 of this Article. ----------------------------------------------- (1) Primary use floor space shall be defined as that portion of a structure or principljO building wherg,t@e,@rlma ITodluse isccondpctTg @Rgtn8Fdanot include subordinate use space w c incrihn ja or ac esso y primary use. Section 4. Combinations of Required'Paeking The required parking space for any number of specific uses may be combined in one,'(.1).Iot, but the required spaces ass.igned to one use may not be asstgned to another use except that one-half (1/2) of the parktrig space requi.rement for theatres, assembly halls, or- similar uses whose peak'attendance would be at n.ight or on Sunday may be assigned to a use which will be closed at night or on Sunday. Section 5. Parking Lot Location On all off-street parki.ng lots, the required space shall be required on the same lot with the use or on a lot separated therefrom by not more than 400 feet, except those for residential uses which must be provided on the same lot. Section 6. Design, Construction, and Maintenance 6.1 Design 6.11 Each application for a Building Permit or Certificate of Review of Plans Compliance submitted to the Chief Building Inspector as provided in Article IX, Administration, Enforcement and Penalties, shall include information as to the'location, buffering and designation of off-street parking and loading -and the.me' ns of-ingress space. a _,.and,'egress. to such spaces. This information shall be in sufficient detail to enable the Chief Building Inspector to determine whether or not the requirements of this Section are being met. 6.2 Off-Street Parking Facilities shall be designed as follows: 6.21 6.21(a) iiave physical access to open public streets maintained -Design Standards by the City or State. 92 6.21(i-1) Conform to.generally accepted geometric des.ign standards such as published by the Institute for Traffic Engineering. 6.21(c) To permit ingress and egress only by the forward motion of the vehicle. 6.21(d) To allow free movement into and out of each parking space without interferi:ng with fixed objects or other parked vehicles. 6-21(e) Minimize delay and interference with traffic on public streets and access drives; 6.21(f) Maximize site distances from parking lot exits and access drives. 6.3 Shading At least thirty (30) to fifty (50) percent of open parking lot area shall be covered by tree shade within fifteen (15) years of initial planting. Such tree shading requirements shall be accomplished by utilizing existing foliage on site,- and/or uniform planting of shade trees (a minimum-of. one (1) for every ten (10) parking spaces) throughout the open parking area to provide the required shade. 6.4 Buffering -6.41 Along the inside property lines of open park-i.ng lots that Residential, Institutional abut a public street, residential and institutional uses and Uses/Districts districts, a 15@ buffer strip shall be required to protect residences and institutional uses from light, glare, noise, 9.3 and fumes. This buffer sh.all be required except where limited or required to remain open for safe traffic or pedestrian move- ment or requi'red by other zoning or Code restrictions. Such buffer area may be used for the planti.ng of trees to meet the shadi.ng requirement, 6.42 Within the older, developed downtown section of the City Central. Business (Bounded by Elizabeth Street on the north, Ehri.nghaus Street District on the south., Cobb Street on the west, and the Pasquotank River on the east) where the requirements of this section may be excessive due to the intensely developed nature of the area, the Chief Building Inspector shall have the authority to reasonably reduce, but not eliminate, the 15' buffer require- ment so long as the intent of this section is accomplished and the 30 - 50 percent shading requirement in Section 6.3 is, met'. 6.43 Parking lot buffers along streets may be combined with land- Use of Rights-of-way scaping by the applicant within the City's street rights-of-way, provided such planting and placement have been approved by the City Council upon recommendation from the. Planni.ng Commission. Council may reduce the required planting strip width on the inside.of the property line a.long the street for every foot, -'s rig ts u ay t H i zed'n t he* C y -of -w* 94 Section 7. Parking Lot Construction 7.1 All parking lots shall meet the followi.ng construction req u i remen ts 7.11 All parking lots shall be graded and surfaced with either a Surfacing permeable (crushed aggregate, turf block), semi-permeable (gravel, cobble stone, semi-permeable tar/gravel mixture, brick) or a non-porous (concrete, asphalt) material. Materials used shall provide a durable and dustless surface, minimize runoff, and dispose of accumulated water into the City's storm drainage system, a natural water course, or drainage easement. 7.12 Where permeable or semi@permeable materials are used, a Curbing retaining border, such as concrete curbing, timbers, or other suitable material, shall be provided around parking lot area edges to stabilize and contain the surface material. 7.13 Where gravel or other crushed aggregatesare used, hard sur- Walkways face pedestrian walkways shall be provided where practical or appropriate to provide safe pedestrian access and movement to parking spaces, 7.14 Parking lots shall not drain onto or across public sidewalks Drainage .4 or onto adjacent property, except into a natural water course or a drainage easement, and shall meet the drain.age require- ments of Secti@on 7.11 above, 95 7.15 All parki ng spaces shall be marked with painted lines, Space Delineation curbs, or other similar treatment so as to be distin-- guishable. Section 8. Maintenance All parking facilities shall be permanently maintained by the owners or occupants as long as the parking facilities exist. All required parking facilities shall be continually provided and maintained as long as the uses they serve exist. Section 9. Off-Street Loading and Unloading Requirements 9.1 Each building or structure used for business, commerce, or trade hereafter allowed shall provide space as provided in this Section for the loading or unloading of vehicles off the street.or public alley. All loading/unloading space shall have access to an alley or, if,there is-no alley, to a street. 9.11 All ingress and egress shall be by the forward motion of Ingress/ Egress the vehicle. 9.12 For the purposes of this Section, an off-street loading Dimensions space shall have a minimum dimension of twelve (12) feet by twenty-fiv'e-(_25) feet and fourteen feet-'overh'ead' clearance. 9 'A -adi u e -2- -10 ng space need not be necessarily a f I I b rth; but shall be sufficient to allow normal loading and unloading operations of a kind and nature indicatIve of the property served thereby. 9.21 The Chief Building Inspector shall determine the sufficiency Determination of of loading space, but in no case shall the use of such space Sufficiency hinder the free movement of vehicles and pedestrians over a 96 9.3 For non-residential structures containi.ng not more than 25,000 square feet of. gross floor area, one.(1) berth shall be required. For non@residential structures containi.n9 25,000 or more square feet of gross floor space, the number of berths specified in the table below shall be provided. Square'Footage'ih Th60@6hds No. of Berths 25 - 4o I 40 - 100 2 100 - 160 3 16o - 24o 4 24o - 320 5 320 - 4oo, 6 each 90M above 4oom I Section 10. Variances Variances from the above parking space, shade tree coverage, buffering, or loading/unloading requirements may be granted by the Board of Zoning Adjustments on recommendation by the Planning Commission, provided the intent of this Article is preserved. Section.11. Non-conforming Uses or Situations All non-conforming uses or situations notAn compliance with the above standards shall be required to comply with the provisions of this Article within ten (10) years following the adoption of this Ordinance unless an additional reasonable amortization period is granted upon appeal to the Board of Zoning Adjustments. 97 ARTICLE IX. ADMINISTRATION,ENFORCEMENT AND PENALTIES Section 1. Zoning Administrator This Ordinance shall be administered and enforced by a Zoning Administrator, or his des,ignated representative, who shall be named by the City Manager and is hereby empowered. If a ruling of the Zoning Administrator is questioned, the aggrieved party or parties may appeal such ruling to the Board of Zoning Adjust- ments. Section 2. Building Permit'Re@Uired No building, sign or other structure shall be erected,, moved, extended, enlarged or structurally altered nor shall any excava- tion or filling of any lot for the construction of any buildi.ng be commenced until a building permit for such work,'in accor- dance with the requirements of this Ordinance, has been issued. Section 3. Application for Building'Petmit An application to the Zoning Administrator for a building permit shall be accompanied by plot plans drawn in duplicate showing: 3.1 The actual dimensions of the lot to be built upon; 3.2 The actual size and location of all buildings existing on the lot; 3.3 The proposed new construction, alteration, or addition, Anct'ading'driveways, off@s@fr'eet par in*g areas@,, and I oad ib@ spaces; 3A The-exist-Ing and intended use -of all parts-of the land or buildings, including all required street planting strips and/or buffers. 98 3.5 Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Ordinance. Section 4. Ceetifid-itEi'6f'C6ThOli6h66'R&00ieed A Certificate of Compliance, issued by the Zoning Administrator, is required in advance of: 4.1 Occupancy or use of a building hereafter erected, altered, or moved; and 4.2 The change of use of any building or land. A Certificate of Compliance shall not be issued unless the proposed use of the building or land conforms to the applicable provisions of this Ordinance. If the Certificate of Compliance is denied, the Zoning Administrator shall state, in writing, the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the Zoni.ng Administrator and copies shall be furnished upon request to any person wishing a copy.. The City of Elizabeth City Department of Public Utilities shall not provide a permanent electric hookup to any structure until a valid Certificate of Compliance is issued. Section 5. Enforcement Powers*of the Zoning Administrator The Zoning Administrator may provide for the enforcement of this Ordinance by means of withholding building permits or Certificates of Compliance. He may provide for enforcement by instituting injunc- 99 tions, mandamus, or other appropriate action or proceedinq to prevent unlawful erection, construction, construction, alterations, conversion, moving, maintenance, or use, to correct occupancy of said building, structure, or land. Section 6. Violations 6.1 Penalties for Violations Any person violating any provisions of this Ordinance shall be guilty of a misdeameanor and upon conviction shall be punished for each offense by a fine not exceeding fifty ($50.00) or by imprisonment not to exceed thirty (30) days. Each day such violation continues shall be deemed a separate offense. 6.2 Remedies In case any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this Ordinance, the Zoning Administrator, or any other appropriate City authority, or any person who would be damaged by such violation, in addi- tion to other remedies, may institute an action for injunc- tion or mandamus, or other appropriate action or proceeding to prevent such violation. 6.3 Complaints Regarding Violations When a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the cause and basis thereof and 100 shall be filed with the Zoni.n9 Administrator. He shall record properly such complaint, investigate it within ten (10) days, and take action thereon as provided in these regulations. Section Cancellation of Permits A building permit or Certificate of Compliance shall be cancelled by the Zoning Administrator when the method of movirig, construction, or use violates any provisions contained in these regulations. Upon such cancellation, any further work upon the moving, construction, alteration, or repair on said buildi.ng or structure, or further use of said building, structure, or land shall be deemed a violation of this Ordinance. Each and every day such unlawful moving, con- struction, alteration, or repair on said building or structure, or further use of said building,5tructure, or land continues shall be deemed a separate offense. Section Temporary Permit for Bazaars, Carnivals, Religious Revivals The Zoning Administrator may issue a temporary permit for bazaars, carnivals, religious revivals, and similar uses. Such certificate shall be issued for a fixed period of time, but not to exceed ninety (90) days, shall be subject to such limitations as the Zoning Adminis- trator may impose to protect the character..of the.di.strict affectc-d,. and may be considered for reapplication. 101 ARTICLE X. CHANGES AND AMENDMENTS The City Council may amend, supplement or cha.nge the text r.egulations and zoning district lines according to the following procedures: Section 1. Action by the Petitioner The following actions shall be taken by the petitioner: 1.1 Initiation of Amendments Proposed changes or amendments may be initiated by the City Council, Planning Commission, Board of Zoning Adjustments, or by one or more owners or leasees of property within the area proposed to be changed or affected. 1.2 Petition A Petition for any change or amendment shall contain a des- cription and/or statement of the present and proposed zoninSi regulation or district boundary to be applied, and the names. and addresses of the owner or owners of the property and a listing of adjacent property owners. Such application shall be filed not later than three (3) weeks prior to the meeting at which the application is to be considered by the City Council. Adjacent property owners shall be notified of any proposed district boundary changes. 1.3 Fee s fi@6 1-1 '15e 6 Vd -to the Y@' 5'. 0 p ee -a 'tweWt FVe $-2 -_&Ylar!@@ City of Elizabeth City, North Carolina, for each petition for an amendment, to cover the costs of advertising and other administrative expenses involved. luz 1.4 A petition for an amendment that has been denied shall not be instituted sooner than one (1) year from the date of the denial unless the City Council by a three-fourths vote of its total membership, after considering the advise of the Planni.nq Commission, shall find that there have been substantial cha.nges in conditions or circumstances bearing on the petition. Section 2. Action by the Planning Commission The following action shall be taken by the Planning Commission: 2.1 Planning Commission Considerations The Planning Commission shall consider and make recommendations to the City Council concerni.ng each proposed zoni.n9 amendment. The Planning Commission may hold separate public hearings or may sit concurrently with the public heari.ng held by the City Council. Section 3. Action by the City Council The following actions shall be taken by the City Council: 3.1 City Council Co'nsiderations The City Council shall consider changes and amendments to his Ordinance during their regularly scheduled monthly meetings. 103 3.2 Notice and Public Hearing No amendment shall be adopted by the City Council until after public notice and hearing. Notice of public hearing shall be published in a newspaper of general cFrculatton in Elizabeth City, at least once each week for two (2) successive weeks prior to hearing. In addition, notice may also be made by posting the property concerned or by mal ling notices to the owners of surrounding property. 3.3 City Council Action Refore tak.ing such lawful action as it may deem advisable, the City Council shall consider the Planning Commission's recommendations on each proposed Zoning Amendment. If no recommendation is received from the Planning Commission within thirty (30) days after public hearing by the City Council, the proposed amendment shall be deemed to have been approved by the Planning Commission. 1.o4 ARTICLE XI. BOARD OF ZONING ADJUSTMENTS Section 1. Creating the Board of Zoning Adjustments The Board of Zontng Adjustments is hereby created, which shall consist of ten (10) members. Five (5) members of the Board shall be appointed by the Board of Commissioners of Pasquotank County. All members shall be appointed for overlapping terms of three (3) years. Five members of the Board shall also be appointed by the City Council. The five (5) members appointed to the Board of Zoni.ng Adjustments by the Board of County Commissioners shall be residents of the extraterritorial jurisdiction surrounding the corporate limits of the City of Elizabeth City for a distance of approximately one (1) mile in all directions. As representatives of this area, they shall have equal rights, privi.leges, and duties with other members of the Board in all matters pertaining to regulations of the extraterritorial jurisdiction. On all matters pertaining to the incorporated area of Elizabeth City,only those Board members representing Elizabeth City shall vote. The Board shall adopt the necessary rules to conduct its affairs and shall elect one of its members from Elizabeth City as Chairman. Meetings of the Board shall be held at the call of the Chairman, and a public record of all findings and decisions shall be maintained. Section 2. Filing and*Nottc6 of an Appeal Appeals from the enforcement and interpretation of this Ordinance 1105 and requests for exceptions or variances, shall be filed with the Zoning Administrator specifying the ground thereof. The Zoning p Administrator shall transmi-t to the Board of Zoning Adjustments all applications and records pertaining to such appeals, variances or exceptions. The Board of Zoni.ng Adjustments shall fix a reasonable time for the hearing of the appeal,. give public notice thereof, published in a newspaper of general circulati'on in the City at least once each week for two (2) successive weeks prior to the hearini and . .9 give written notice to all property owners within 125 feet. An appeal stays all proceedilngs in furtherance of this action appealed from unless the Zoning Administrator certifies to the Board of Zoning Adjustments that by reason of facts stated in the record., a stay would, in his opinion, cause imminent peril to life and property; in which case the proceedings shall not be stayed otherwise than by an order from the Pasquotank County Superior Court. Section 3. Fee for Variance or Appeal A fee of ten (10) dollars shall be paid to the City of,Eli'zabeth City, North Carolina, for each application for a variance,, excep- tion or appeal, to cover the necessary administrative costs and ...-.costs-of advertising. Section 4. Powers and Duties The Board of Zoning Adjustmentsshall have the following powers and duttes: 106 4.1 Administrative Review To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by- the admi'nistrative.official in the enforcement of this Or6nance, a concurring vote of eight (8) members of the Board sh,all be necessary to reverse any order, requirement, decision, or determination of the Zoni.ng Administrator pertaining to property within the extraterritorial area, or concurring vote of four (4) members when pertaining to property within the City limits. 4.2 Spectal'Exc6pti6ns To hear and decide such special exceptions as the Board of Zoning Adjustments is specifically authorized to pass on by the terms of this Ordinance. 4.3 Variances To authorize upon appeal in specific cases such Ordinance from the dimensional regulations of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. In granting any variance, the Board of Zoning Adjustments mzy prescribe appropriate conditions and safeguards in conformity with this Ordinance. A variance from the terms of this Ordinance shall not be.granted by the Board of Zoning Adjustments unless and until it shall make a finding. 1107 4.31 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. 4.32 That literal interpretation of the dimensional provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance 4.33 That the special conditions and circumstances do not result from the actions of the applicant; 4.34 That granting a variance of the dimensional regulations will not confer on the applicant any special privilege that is denied by this ordinance to other land, structures, or buildings in the same district. 108 Section Appeal from the Board of Zoning Adjustments Appeal from the decisions of the Board of Zoning Adjustments shall be to the Pasquotank County Superior Court. 10!) ARTICLE XII. LEGAL PROVISIONS Section 1. Definitions Except where specifically defined herein all words used in this Ordinance shall carry their customary meanings. Words used in the present tense include the future tense; the singular number includes the plural; the word "building" includes the word "structure"; the word "lot" includes the word "plot" or "parcel"; the term "shall" is always mandatory; the words "used" or "occup.iedl' as applied to any land or building, shall be construed-to include the words "intended, arra.ng ed, or des.igned to be used or occupied". 1.1 Area of Environmental Concern Those areas in which uncontrolled or incompatible develop- ment might result in irreversible damage tocoia.sta] resources such as estua.r ies, public trust waters, coastal wetlands, and estuarine shorelines, the barrier dune system and the beaches. The preservation and management of the natural ec-D- logical conditions of these coastal resources will ensure development consistent with the capability of the land and water for development and safeguard and perpetuate their natural productivity and biological, economic and aesthetic values. Potential areas of environmental concern (estuarine waters, estuarine shoreline, _ublic trust areas, coastal wetlands),. have been generally identified on the Official Zoning Map. An on-site investigation is required for a specific deter- mination. 109a 1.2 Apartment House See Dwelli.ng, Multiple 1.3 Boarding House A building where, for compensation, lodging and/or meals are provided for not more than fourteen-04) persons. 1.4 Building Any structure enclosed and isolated by exterior walls constructed or used for residence, business, industry or other public or private purposes, or accessory thereto, and including tents, lunch wagons, dining cars, trailers, freestanding billboards and signs, and similar structures whether stationary or movable. 1.5 Building,_.Accessory A subordinate building, the use of which is incidental to that of a principle building on the same plot. 1.6 Building, Principle A building in which is conducted the principle use of the plot on which it is situated. 1.7 Building Line A line establishing the m-inim-um allowable distance-betwe .en the nearest portion of any building, excluding the outermost three (3)-feet of any uncovered porches, steps 110 1.7 gutters and similar fixtures, and the center line of any street when measured perpendicularly thereto. 1.8 Building, Height of The vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. 1.9 Community Water or Sewer System A community water or sewer system is required where there is no City water or sewer or County water and shall be approved by the District Health Department. The system is a central one that serves all dwellings. 1.10 District Any section of Elizabeth City in which zoning regulations are uniform. 1.11 Dwelling Any building, or portion thereof,which is designed for living and/or sleeping purposes. 1.12 Dwelling, Single-family A building arranged or desgned to be occupied by one (1) family, the structure having only one (1) dwelling unit. 1.13 Dwe I I i ng,_ Two-r-fam i I y A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units. 1 11; Dwelling, Multiple-family A building arranged or designed to be occupied by three (3) or more families. 1.15 Home Occupation An occupation customarily conducted for profit within a dwelling and carried on by the occupant thereof, which use is clearly secondary to the use of the dwelling for residential purposes. i.iC Hotel A building used as an abiding place of more than fourteen (14) persons who for compensation are lodged with or without meals and in which no provision is made for cooking in any individual room or suite, 1.17 Junk Yard Any land or area used, in whole or in part for commercial s.torage and/or sale of waste' paper, rags, scrap, metal or other junk, and including storage of motor vehicles and dis- mantling of such vehicles or machinery. 1.iG Lot A parcel of land occupied or to be occupied by a mai.n building 112 or group of main buildings and accessory buildings, together with such yards, open spaces, lot width and lot area as are required by this Ordinance, and having not less than the minimum required frontage upon a street, either shown on a plat of record, or considered as a unit of property and described by metes and bounds. 1.19 Lot, Depth of The average horizontal distance between front and rear lot lines. 1.20 Lot Width..' The average horizontal distance between side lot lines. 1.21 Mobile Home A fact6ry..built structure, transportable in one or more sections, which is eight (8) feet or more in width and thirty-two (32) feet or more in length, and which is built on a permanent chassis, and.when connected to required utilities is designed to be used as a complete dwelling unit with essen- tial living facilities and utilities, and is designed to be used with or without a permanent foundation. 1.22 Mobile Home Development A contiguous parcel of land containing one (1) acre or more, 'd impm' ed'-f r-the -placeme- t of which-has been planned an v 0 n more than two (2) mobile homes, and has been zoned the resi- dential mobile home (RMH) district. 1.23 Mobile Home DeVelo@mefit Mafia�emeht PE2'2ram A requirement that the owner or developer 113 of a mobile home development must provide so as to insure proper care and supervision of the mobile home develop- ment. 1.24 Mobile Home Lot A parcel of land of required size for purposes of mobile home placement and exclusive use of its occupant(s). 1.25 Mobile Horh6'P6rk That portion of a mobile home development containing more than two (2) mobile home lots with mobile home stands for rental purposes to accommodate a mobile home for occupancy. 1.26 Mobile Hbme*Stbnd That area of a mobile home lot which has been reserved and prepared for the placement of a mobile home. 1.27 Mobile Home Subdivision That portion of a mobile home development containing more than two (2) mobile home lots for purposes of sale for residential occupancy by mobile home owners. 1.28 Mobile Structure A transportable, prefabricated building constructed and designed for transportation on its own chassis after fabrication and intended for use other than residential. These buildings may or may not have toilet and washroom facilities and connections to plumbing outlets. Examples include, but are not limited to, mobile classrooms, mobile clinics, mobile professional offices, or mobile sales offices. These structures shall meet underwriters laboratory J14 certification and all State and local codes for mobile home registration, foundations, and anchoring. This definition does not include modular units transported on flatbeds or other trailers which meet conventional house construction standards. A converted or modified home does not meet the criteria of a mobile struct ure. 1.27 Modular or Sectiohal'Structures A factory-fabricated,transportable building not built on its own chassis and designed to be used by itself or to be incor- _porated with similar units and requiring a foundation at thesite. A sectional structure is a dwelling or other struc- made of two or more modular units transported to a building site, joined together, and placed on a foundation. Modular or sectional structures are distinguished from mobile homes by not having a permanently built on chassis and by requiri.ng a foundation for support. Modular or sec- tional structures as such do not fall under the provisions of Ar'ticle V1.1 MobIle Home Developments, but instead are considered dwellings or structures and shall meet appropriate zoning, subdivision, or building code requiremen 1.29 Motel or Motor Lodges A building or a group of buildings containing sleep _ing rooms,-., designed for or used temporarily* to-a*utomobile'"transients',' with garage or parking space conveniently located to each .unit. 1.30 Parking Space An off-street space available for the parking of motor vehicles, the minimum dimensions of which shall be nine (9) feet in width and eighteen (18) feet in length, with a total of 162 square feet, exclusive of passage ways and driveways appurtenent thereto. 1.31 Non-conforming Use A legal use of a building and/or of land that antedates the adoption of these regulations and does not conform to the regulations for the zone in which it is located. 1-32 Operating License An operating permit issued by the Chief Building Inspector to the developer, owner, or operator of a mobile home develop- ment upon completion of the development in compliance with the requirements of this Ordinance and in accordance with the agreed upon plan as approved by the special use permit. 1.33 Rooming House See Boarding House 1.34 Service Station Any building or land used for the dispensing, sale, or offering for sale at retail of any automobile fuels, lubricants, or tires, except that indoor car washing, minor motor adjust- ment and flat tire repair are only performed incidenn] to the conduct of the service'-station. 1.35 Sign Any graphic,11luminated or nonilluminated, or presentation by words, letters, figures, designs or pictures, permanently installed or situated merchandise (other than a structure); 116 an emblem; a painting; a banner; a pennant; a placard; a poster; a light (other than a device used primarily to illuminate a building or premises); which is designed or intended to adver- tise and is visible from a public right-of-way. For purposes of removal, "sign" shall also include sign structure. 1.36 Special Use Permit A permit authorized by the City Council for construction of a mobile home development to proceed as planned and in accordance with this Ordinance and with final approval by the Chief Building Inspector upon completion of the development. 1.37 Story That portion of a building, other than the basement, included between the surface of any floor and the surface floor next above it; or, if there be no floor above it, the space between the floor and the ceiling next above it, 1.38 Story, Half A space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. 1.39 Street A public thoroughfare which affords, principle means of access to abutting property. 1.40 Street line The dividing line between a street or road right-of-way and the contiguous property. 117 1.41 Structures Anythi.ng constructed or erected, the use of which requires permanent location on- the ground, or attachment to something having a permanent location on the ground, including adver- tising signs, and billboards. 1 42 Trave: I * Tra i I er A wheeled vehicular portable structure build on a chassis, designed to be used as a temporary dwelling for travel and/or recreational purposes, having a body width not exceeding eight (8) feet. This is also intended to include structures mounted on auto or truck bodies that are referred to as "campers". 1.43 Tourist Home A dwelling where lodging only is provided for compensation for not exceeding fourteen.(14) persons, in contradistinction to hotels and boarding houses, and open to transients. 1.44 Yard, Front An open space on the same lot with a building, between the front line of the building (exclusive of steps) and the front property or street r.ight-of-way line and extending across the full width of the lot. 1.45 Yard, Rear An open space between the rear line of,the principle building (exclusive of steps) and the rear line of the lot and extending the full width of the lot and may be used for accessory buildings. 1.46 Yard, Side An open, unoccupied space on the same lot with a buildi.ng between the side line of the building (exclusive of steps) and the side line of the lot and extending from the -front yard line to the rear yard line. Section 2. Sever6bility'6f Ordinance If for any reason any one or more sections, sentences, clauses or parts of this Ordinance are held invalid, such judgement shall not affect., impair or invalidate the remaini.ng provisions of this Ordinance, but shall be confied in its operation to the specific sections, sentences, clauses or parts of this Ordinance held invalid. The invalidity of any section, sentence, clauses or parts of this Ordinance tn any one or more instances shall not attest or preju- dice in any way the validity of this Ordinance in any other instance.- Section 3. Conflict with Other Laws Wherever the regulations made under authority of this article require a greater wtdth or size of yards or courts, or require a lower he,ight of building or less number of stories, or require a greater percentage of the lot to be left unoccupied, or impose other higher standards than that. required in any other statute or local (ordinance or regulation, theprovisions of the regulations made under authority of this article shall govern. Wherever the --f n- other _s_tatAe_"o"r"* lo' c'-a-Fordi nbnce@- r@quii e6@:a gresater provisions'd a y u width or size of yards or courts, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other h.igher standards than that required by the regulations made under authority of this article, the provisions of such statute or local ordinance or regulation shall govern. 119 .Section 4. Penalties Any person violating any provision of any article of the foregoing Ordinance, or who shall violate or fail to comply with any order made thereunder, or who shall falsify plans or statements filed thereunder, or who shall continue to work upon any structure after having recei'ved written notice from the Zoning Administrator to, cease work, shall be guilty of a misdeameanor. Punishment shall be at the discretion of the courts. Each day such violation shall be permitted to exist-shall constitute a separate offense. Notice of violation shall be sufficient if directed to such owner, the agent of the owner, or the contractor and left at his known place of residence or place of business. Section Effective Date This ordinance shall be in force from and after its passage and approval. Passed and Adopted this day of 198-. ATTEST: City Clerk Mayor NOAA COASTAL SERVICES CTR LIBRARY 3 6668 141116:30 3