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ORDINANCE PROVIDING FOR THE ZONING OF THE TOWN OF ST. PAULS, NORTH CAROLINA
THE BOARD OF COMMISSIONERS OF ST. PAULS, NORTH CAROLINA, DO ORDAIN AS
FOLLOWS:
SECTION 1. TITLE AND JURISDICTION
1.1 Title
This Ordinance shall be known as the “Zoning Ordinance” and the map herein
referred to, which is identified by the title “Zoning District Map”, shall
be known as the “Zoning Map”.
1.2 Jurisdiction
The provisions of this Ordinance shall be applicable within the corporate
limits of the municipality.
SECTION 2. DEFINITIONS AND WORD INTERPRETATIONS
Except where specifically defined herein, all words used in this Ordinance
shall carry their customary dictionary definitions:
All words used in the present tense shall include the future tense; all
words in the singular number shall include the plural number; and all words
in the plural number shall include the singular number unless the natural
construction of the wording indicates otherwise; the words “used for” shall
include the meaning “designed for”; the word “structure” shall include the
word “building”, the word “lot” shall include the words “plot” and “tract”
and the “shall” is mandatory.
1. Accessory Building. A subordinate use building customarily incidental to
and located upon the same lot occupied by the main use building.
2. Accessory Use. A use customarily incidental and subordinate to the
principal use or building and located on the same lot with such principal
use or building.
3. Alley. A roadway which affords only a secondary means of access to
abutting property and not intended for general circulation.
4. Antiques. Objects made fifty (50) years ago or more.
5. Apartment. A room or suite of one or more persons in a multiple dwelling
intended for use as a residence by a single family.
6. Apartment House. See Dwelling, Multiple.
7. Boarding House. A building other than a hotel or motel where for
compensation, meals and/or lodging are provided.
8. Bona Fide Farm. Any tract of land containing at least three acres which
is used for dairying or for the raising of agriculture products, forest
products, livestock or poultry, and including facilities for the sale of
such products on the premises where produced, provided that, a farm shall
not be construed to include commercial poultry and swine production, cattle
feed lots, and fur bearing animals.
9. Buffer Strip. A dense evergreen hedge to enclose, screen, or separate
certain uses as specified in this Ordinance.
10. 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, trailers, or
mobile homes, freestanding signs, and similar structures whether stationary
or movable.
11. Building, Height of. The vertical distance from the average sidewalk
grade or street grade, or finished grade at the building.
12. Building Setback Line. A line establishing the minimum allowable
distance between the nearest portion of any building, excluding uncovered
porches, steps, eaves and gutters, and the nearest right-of-way line of any
street when measured perpendicularly thereto.
13. Club or Lodge. An association of persons who are bona fide members
paying dues, which owns, hires or leases a building, or portion thereof; the
use of such premises being restricted to members and their guests. The
affairs and management of such “club or lodge” are conducted by a board of
directors, executive committee or similar body chosen by the members. It
shall be permissible to serve food and meals on such premises providing
adequate dining room space and kitchen facilities are available.
14. Conditional Use. See Use, Conditional.
15. Curb Cut. A lowered or cut-away curb for purposes of vehicle ingress or
egress to property abutting a public street.
16. District. Any territorial division of the Town of St. Pauls and its
extraterritorial jurisdiction area in which zoning regulations are uniform.
17. Dwelling. Any building structure or portion thereof, which is designed,
arranged, or used for permanent residential occupancy. The term “dwelling”
shall not be deemed to include a motel, hotel or tourist home, or other
structures designed for transient residence.
18. Dwelling, Multi-Family. A building arranged or designed for occupancy by
two or more families, with separate housekeeping and cooking facilities for
each.
19. Dwelling, Single Family. A detached residential dwelling unit, other
than a mobile home, designed for and occupied by one family only.
20. Drive-in. Is one which accommodates the patron’s automobile, from which
the occupant may bank, watch, purchase, eat, etc.
21. Family. Any number of individuals living together as a single
housekeeping unit.
22. Filling Station. See Service Stations.
23. Floor Area. The sum of the gross horizontal areas of the several floors
of the building, or portion thereof, devoted to such use. However, for the
purposes of measurement for off-street parking spaces, floor area devoted
primarily to storage purposes, loading facilities, or to basement floor area
other than that area devoted to retailing activities.
24. Frontage. All the property abutting on one (1) side of a street measured
along the street line.
25. Garage, Commercial. Any building or premises, except those described as
a private or parking garage, used for the storage or care of motor vehicles,
or where any such vehicles are equipped for operation, repaired, or kept for
remuneration, hire or sale.
26. Garage, Parking. Any building or premises, other than a private or
commercial garage, used exclusively for the parking of, or storage of motor
vehicles.
27. Garage, Private. A building or space used as an accessory to or a part
of the main building permitted in any residential district, and providing
for the storage of motor vehicles and in which no business, occupation or
service for profit is in any way conducted.
28. Guest House (Tourist Home). Any dwelling occupied by owner or operator
in which rooms are rented for guests and for lodging of transients and
travelers for compensation.
29. Home Occupation. Any profession or occupation carried on entirely within
a dwelling by one or more occupants thereof, providing that such use is
clearly incidental and secondary to the use of the dwelling for dwelling
purposes, that no more than twenty-five percent (25%) of the total floor
area is used for such purposes, that there is no outside or window display,
that no merchandise or commodity is sold on the premises, that no mechanical
equipment is installed or used other than is normally used for domestic or
professional purposes, and providing that no person not a resident of said
dwelling is employed in connection with the home occupation.
30. Hotel (Motel). A building or other structure kept, used, maintained,
advertised as or held out to the public to be a place where sleeping
accommodations are supplied for pay to transient or permanent guests or
tenants, where rooms are furnished for the accommodation of such guest; and
having or not having one or more dining rooms, restaurants, or cafes where
meals or lunches are served to such transient or permanent guest, such
sleeping accommodations and dining rooms, restaurants, or cafes, if
existing, being conducted in the same building or buildings in connection
therewith.
31. Inoperative Vehicle. Any vehicle, designed to be self-propelled, which,
by virtue of broken or missing component parts, is no longer capable of self
propulsion. For the purposes of this Ordinance, any vehicle which is
registered with the N. C. Division of Motor Vehicles and has a current North
Carolina Motor Vehicle Registration License affixed to it shall not be
considered inoperative.
32. Junk Yard. Any land or area used, in whole or in part, for storage
and/or sale of waste paper, rags, scrap metal, vehicles or other junk, and
including storage of motor vehicles and dismantling of such vehicles or
machinery.
33. Lot. A parcel of land occupied or to be occupied by a main building 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 or record, or considered as a unit of property and described
by metes and bounds.
34. Lot, Corner. A lot abutting upon two (2) or more streets at their
intersection.
35. Lot, Interior. A lot other than a corner lot.
36. Lot, Through. An interior lot having frontage on two parallel streets.
37. Lot, Depth. The depth of a lot is the average distance measured at right
angles to the frontage.
38. Lot Lines. Any boundary line of a lot.
39. Lot Width. The straight line distance between the points where the
building setback line intersects the two (2) side lot lines.
40. Lot of Record. A lot which is a part of a subdivision, a plat of which
has been recorded in the office of the county Register of Deeds, or a lot
described by metes and bounds, the description of which has been recorded in
the office of the Register of Deeds.
41. Mini-Storage Warehouse. A building or buildings designed to provide
separate access to individually rented storage compartments used exclusively
for storing non-toxic and non-hazardous materials.
42. Manufactured Home. A dwelling unit that is not constructed in accordance
with the standards set forth in the North Carolina State Building Code, and
is composed of one or more components, each of which was substantially
assembled in a manufacturing plant and designed to be transported to the
home site on its on chassis, and exceeds 850 feet of living area.
43. Manufactured Home, Class A. A manufactured home constructed after July
1, 1976 that meets or exceeds the construction standards promulgated by the
US Department of Housing and Urban Development that were in effect at the
time of construction and that satisfies the additional following criteria:
1. The manufactured home has a length not exceeding four times its width,
with length measured at the narrowest part of the other axis;
B. The manufactured home has a minimum of 960 square feet of enclosed and
heated living area;
C. The pitch of the roof of the manufactured home has a
minimum vertical rise of two and two tenths feet for each
twelve feet of horizontal run (2.2 feet and 12 feet) and the roof is
finished with a type of shingle that is commonly used in standard
residential construction;
D. All roof structures shall provide an eave projection of no less than six
inches, which may include a gutter;
E. The exterior siding consists predominantly of vinyl or
aluminum horizontal lap siding (whose reflectivity does not exceed that of
gloss white paint), wood or hardboard, durability to the exterior siding
commonly used in standard residential construction;
F. The manufactured home is set up in accordance with the
standards set by the North Carolina Department of Insurance and a
continuous, permanent masonry foundation or masonry curtain wall, unpierced
except for required ventilation and access, is installed under the perimeter
of the manufactured home;
G. Stairs, porches, entrance platforms, ramps and other means of entrance
and exit to and from the home shall be installed or constructed in
accordance with the North Carolina
Department of Insurance, attached firmly to the primary
structure and anchored securely to the ground;
H. The moving hitch, wheels and axles, and transporting lights have been
removed, and;
I. That the manufactured home be no more than twelve years
old.
44. Manufactured Home - Class B. A manufactured home constructed after July
1, 1976 that meets or exceeds the construction standards promulgated by the
US Department of Housing and Urban Development that were in effect at the
time of construction, and that meet or exceed criteria (F), (G), (H) and (I)
for Class A Manufactured homes and contains a minimum of 850 square feet of
living area.
45. Mobile Home Park. Any site or tract of land, of contiguous ownership,
upon which mobile home spaces are provided for mobile home occupancy
according to the requirements set forth in this Ordinance whether or not a
charge is made for such service.
46. Mobile Home Space. A plot of land within a mobile home park designed for
the accommodation of one mobile home in accordance with the requirements set
forth in this Ordinance.
47. Mobile Home Stand. That portion of the mobile home space intended for
occupancy by the mobile home proper, consisting of a rectangular plat of
ground at least 12 by 60 feet.
48. Modular Structure. A factory manufactured structure designed for
year-round residential or commercial use with major components or modules
pre-assembled and transported to a site for final assembly and utility
connection.
49. Nonconforming Use. The use of a building, mobile home, or land which
does not conform to the use regulations of this Ordinance for the district
in which it is located, either at the effective date of this Ordinance or as
a result of subsequent amendments which may be incorporated into this
Ordinance.
50. Open Space. Land held and developed as permanent open space or any land
dedicated to the public as parks, playgrounds, parkway median, landscaped
green space, or other similar area held in public ownership or covered by an
open space easement.
51. Open Storage. Unroofed storage areas, whether fenced or not.
52. Parking Lot. An area or plat of land used for the storage or parking of
vehicles.
1. Parking Space. An storage space of not less that eight (8) feet by twenty
(20) feet for one automobile, plus the necessary access space.
53. Principal Building. The main building for which a lot is designed,
arranged, or intended, and for which it is or may be used, occupied, or
maintained.
54. Private Road or Street. Any road or street within a mobile home park,
group housing project, commercial center, industrial park or other
development which is not publicly maintained and is used for access by the
occupants of the development, their guests and the general public.
55. Professional Offices. For the purposes of this Ordinance, professional
offices are defined as offices for licensed medical doctors, dentists, and
lawyers.
56. School. An institution for the teaching of students. A school does not
include day care centers, day nurseries, pre-schools and other similar uses.
57. Service Station. Any building or land used for the dispensing, sale or
offering for sale at retail, any automobile fuels, lubricants, tires and
accessories, except that car washing, mechanical and electrical repairs are
only performed incidental to the conduct of the service station and
performed indoors. Incidental activities shall not include tire retreading,
major body work, or major mechanical work.
58. Setback Line. The minimal horizontal distance between the front line of
a building or structure and the property line.
59. Shopping Center. A single parcel of land, or several contiguous parcels
of land, under the same ownership designed to accommodate, or accommodating,
several different business entities with shared parking, landscaping and
other common facilities.
60. Sign. An advertising device used to disseminate information concerning a
person, place or thing.
61. Sign, Flashing. Any illuminated sign on which the artificial light is
not maintained stationary or constant in intensity and color at all times
when such sign is in use. For the purpose of this Ordinance, any moving,
illuminated sign shall be considered a “flashing sign”.
62. Sign, Gross Area. The entire area within a regular geometric form or
combinations of regular geometric forms comprising all of the elements of
the matter displayed. However, such display area shall not include any
structural elements lying outside the limits of such sign and not forming an
integral part of the display.
63. Sign, Outdoor Advertising. A standard structural poster panel or painted
sign either free-standing or attached to a building, for the purpose of
conveying information, knowledge, or ideas to the public about a subject
unrelated to the premises upon which located.
64. Story. That portion of a building included between the surface of any
floor and the surface of the next floor above it, or if there be no floor
above it, then the space between such floor and the ceiling next above it.
In computing the height of buildings, the height of basement or cellar, if
below grade, shall not be included.
65. Street. A dedicated and accepted public right-of-way for vehicular
traffic which affords the principal means of access to abutting properties,
including avenue, place, way, drive, land, boulevard, highway, road, and any
other thoroughfare except an alley.
66. Street Line. The line between the street and abutting property.
67. Structure. Anything 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 buildings, fences, and signs.
68. Structural Alterations. Any change, except for repair or replacement, in
the supporting members of a building, such as bearing walls, columns, beams
or girders.
69. Temporary Operating Permit. A certificate issued by the Board of
Commissioners authorizing a nonconforming mobile home park to be maintained
and operated for a period of six (6) months subject only to the provisions
of this Ordinance made expressly applicable to the park.
70. Tiedowns. Galvanized steel cables or strapping which “tie” a mobile home
and its steel frame to anchors embedded in the ground.
71. Tourist Home. See Guest House.
72. Town Board. The Board of Commissioners of the Town of St. Pauls, North
Carolina.
73. Travel Trailer. Any vehicle or structure originally designed to be
transported and intended for human occupancy for short periods of time, such
vehicle usually containing limited or no kitchen and bathroom facilities.
Travel Trailers shall include the following:
1. House Trailer. A vehicular, portable structure built on a wheeled
chassis, designed to be towed by a self-propelled vehicle for the use of
travel, recreation, and vacation purposes, having a body width eight (8)
feet or less or a body length thirty-two (32) feet or less when equipped for
road travel.
2. Pick-Up Coach. A portable structure for use as a temporary dwelling for
travel, recreation, and vacation, designed to be mounted on a truck chassis
for a temporary dwelling while either mounted or dismounted.
3. Motor Home. A portable, temporary dwelling to be used for travel,
recreation, and vacation, constructed as an integral part of a
self-propelled vehicle. This definition shall include vans or panel trucks
equipped for camping.
4. Camping Trailer. A folding structure manufactured of metal, wood, canvas,
and/or other material, mounted on wheels and designed for travel,
recreation, and vacation use.
74. Use. Any continuous or continual occupation or activity taking place
upon a parcel of land.
75. Use, Accessory. A subordinate building or use, the use of which is
incidental to that of the principal building or use on the same lot. Under
no circumstances shall an accessory building be used for residential
occupancy.
76. Use, Conditional. A use which is unusual or not customarily permitted in
a district and is only allowed if expressly recommended by the Planning
Board and/or authorized by the Board of Commissioners.
77. Use, Principal. A use which is permitted outright in a district for
which a Building or Zoning Permit may be issued by the Town Administrator.
78. Variance. A modification of the existing Zoning Ordinance when strict
enforcement of this Ordinance would cause undue hardship owing to
circumstances unique to the individual property on which the variance is
granted.
79. Yard. An open space on the same lot with a building, unoccupied and
unobstructed from the ground upward, except by trees or shrubbery or as
otherwise provided herein.
80. Yard, Front. A yard across the full width of the lot, extending from the
front line of the building, excluding steps and uncovered porches, to the
front lot lines.
81. Yard, Rear. A yard extending across the full width of the lot and
measured between the rear line of the lot and the rear line of the main
building.
SECTION 3. GENERAL PROVISIONS.
3.1 Zoning Affects Every Building and Use
No building or land shall hereafter be used and no building or part thereof,
shall
be erected, moved or altered except in conformity with the regulation herein
specified for the district in which it is located, except as hereinafter
provided in
this Ordinance.
3.2 Required Yards Not to be Used by Another Building
The minimum yards or other open spaces required by this Ordinance for each
and
every building hereafter erected, moved, or structurally altered shall not
be
encroached upon or considered as meeting the yard or open space requirements
of
any other building.
3.3 Relationship of Building to Lot
Every building hereafter erected, moved, or structurally altered shall be
located
on a lot and in no case shall there be more than one principal residential
building
and its customary accessory building on the lot except in the case of
designed
complex of institutional, residential, commercial, or industrial buildings
in an
appropriate zoning district, ie schools, campus, cluster housing, shopping
center,
research park, etc.
3.4 Street Access
No building shall be erected on a lot, which does not abut a street or
public alley
for a distance of at least twenty (20) feet provided, that in a designed
shopping
center in the commercial district, or a planned project in a residential
district, a
building may be erected adjoining a parking area or other dedicated open
space,
used in common with other lots.
3.5 Reduction of Lot and Yard Areas
No yard or lot existing at the time of passage of this Ordinance shall be
reduced
in size or area below the minimum requirements set forth herein. Yards or
lots
created after the effective date of this Ordinance shall meet at least the
minimum
requirements established by this Ordinance.
3.6 Business Uses of Mobile Homes and Travel Trailers
No mobile home or travel trailer shall be used as an office or in any manner
for
business or commercial purposes except when used for temporary purposes,
such
as construction offices, blood mobiles, book mobiles, traveling museums, and
political offices for no more than forty-eight (48) hours at one site unless
obtaining a storage permit from the Building Inspector, or unless in
conjunction
with a permanent mobile home sales lot.
SECTION 4. ZONING DISTRICTS AND BOUNDARIES
4.1 Zoning Districts
In order to achieve the purposes of this Ordinance as set forth in the
introduction, the St. Pauls Zoning area is hereby divided into the zoning
districts listed below:
RA-20: Residential-Agricultural District
R-16: Residential District
R-12: Residential District
R-10: Residential District
R-8: Residential District
P: Professional District
CB: Central Business District
HB: Highway Business District
HSP: Hospitality District
NB: Neighborhood Business District
I: Industrial District
R: Recreation/Conservation
4.2 District Boundaries
The boundaries of the zones are shown upon the map accompanying this
Ordinance and made a part hereof, entitled “Zoning District Map, Town of St.
Pauls, North Carolina”. The Zoning Map and all the notations, references and
all
amendments thereto, and other information shown thereon are hereby made a
part
of this Ordinance the same as if such information set forth on the map were
all
fully described and set out herein. The Zoning Map properly attested is on
file in
the office of the Town Clerk and is available for inspection by the public.
4.3 Interpretation of District Boundaries
Where uncertainty exists as to boundaries of any zone shown on said map, the
following rules shall apply:
1. Where such zone boundaries are indicated as approximately following
street lines, alley lines, and lot lines, such lines shall be construed to
be such boundaries.
2. In unsubdivided property or where a zone boundary divides a lot, the
location of such boundary, unless the same is indicated by dimensions, shall
be determined by use of the scale appearing on the map.
3. In case any further uncertainty exists, the Planning Board of Adjustment
shall interpret the intent of the map as to location of such boundaries.
4. Where any street or alley is hereafter officially vacated or abandoned,
the regulations applicable to each parcel of abutting property shall apply
to that portion of such street or alley added thereto by virtue of such
vacation or abandonment.
SECTION 5. DISTRICT REGULATIONS
Within the districts as indicated on the Zoning Map, no building or land
shall be used and no building shall be erected or altered which is intended
or designed to be used in whole or in part for any use other than those
listed for that district in this section.
Moving any pre-existing, built residential structure onto property in the
Town of St. Pauls or the ETJ is a conditional use, no matter what the zoning
district is.
5.1 RA-20: Residential-Agricultural District
This district is established to promote low density residential and
agricultural
uses. The regulations of this district are intended to protect the
agricultural
sections of the community from an influx of uses likely to render them
undesirable for farms and future development, and to insure that residential
developments on private wells and septic tanks will occur at sufficiently
low
densities to insure a healthful environment. In promoting the general
purposes of
this Ordinance, the specific intent of this subsection is as follows:
1. To encourage the construction of and continued use of the land for low
density residential and light agricultural purposes;
2. To prohibit commercial and industrial use of the land and to prohibit any
other use which would substantially interfere with the development or
continuation of dwellings and light agriculture in the district;
3. To encourage the discontinuation of existing uses that would not be
permitted as new uses under the provisions of this subsection;
4. To discourage any use which would generate traffic on minor streets other
than normal traffic to serve the residences and small farms on those
streets;
5. To ensure that residential development not having access to public water
supplies and dependent upon septic tanks for sewage disposal will occur at
sufficiently low densities to insure a healthful environment;
6. Any commercial livestock or poultry growing operation will be limited to
a density of forty (40) animals per acre for livestock and one hundred (100)
birds for poultry, neither of which can be congregated on a smaller parcel
of land, with the balance of the land used for other purposes.
Permitted Uses
Single Family Dwellings.
Any form of agricultural, horticultural, or husbandry uses including the
sale of products on the property where produced, provided that no retail
stand or other commercial structure shall be located thereon, and no
greenhouse heating plant shall be operated within fifty (50) feet of any
front property line and not less than within ten (10) feet from any other
property line.
Churches.
Grounds and facilities for recreation and community center buildings,
lakes, parks and similar facilities operated on a nonprofit basis, not
including miniature golf courses.
Hospitals, nursing homes or sanitariums provided no buildings so used
shall be within three hundred (300) feet of any lot line.
Public or private stables.
Home Occupations.
Day nurseries.
Municipal or County owned buildings.
Public schools and private schools.
Public utility distribution lines, but no service, storage yards, or
transformer substations.
Radio and television transmitting stations and towers.
Type A Manufactured homes with the exception of the RA-20 zone in the NW
quadrant of the Town, bordered by Veterans Road and I-95, prohibits the
location of manufactured homes (type A or B) or any mobile home park.
Accessory uses clearly incidental to a permitted use and which will not
create a nuisance or hazard.
Conditional Uses
The following uses may be permitted as conditional uses by the Town Board
subject to the provisions of Section 12:
Cemeteries.
Funeral Homes.
Type B Manufactured homes, with the exception of the RA-20 zone in the NW
quadrant of the Town, bordered by Veterans Road and I-95, prohibits the
location of manufactured homes (type A or B) or any mobile home park.
Mobile home parks (refer to Section 13).
Planned unit developments.
An existing building that has been used for the purpose of a business may be
reopened for a similar use.
Dimensional Requirements
Within the RA-20 District as shown on the Zoning Map, all of the following
dimensional requirements shall be complied with:
Minimum lot area - 20,000 square feet (without public water and sewer).
10,000 square feet (with public water and/or sewer).
Minimum additional lot area for each dwelling unit in excess of one:
5,000 square feet.
Minimum lot width: 75 feet.
Minimum living area in any dwelling shall be 700 square feet.
Minimum required front yard: 30 feet measured from the front property line.
Minimum required side yard: 15 feet measured from the side property line.
Minimum required rear yard: 25 feet measured from the rear property line.
Maximum permissible lot coverage: The total ground area covered by the
principal building and all accessory buildings shall not exceed twenty (20)
percent of the total lot area.
Building Height Limits: 35 feet.
Location of Accessory Buildings
No accessory building shall be erected in any required front or side yard or
within
ten (10) feet of any lot line. An accessory building shall not be located
closer
than ten (10) feet to any other building.
Corner Visibility
On a corner lot, within the triangular area formed by the inside curb lines
or the
edge of the pavement lines of the intersecting streets and a line joining
points on
such lines at a distance of forty (40) feet from their intersection, there
shall be no
obstruction to vision between a height of two (2) feet and a height of ten
(10) feet
above the average center line grade of each street.
Signs
See Section 7.
Off-Street Parking
See Section 8.
5.2 R-16: Residential District
This district is established as a district in which the principal use of
land is for
medium density residential purposes.
Permitted Uses
Single Family Dwellings.
Home Occupations.
Churches.
Municipal or County owned buildings - town, county, state, or federal
grounds and facilities for recreation and community center buildings, lakes,
parks and similar facilities operated on a non-profit basis, but not
including miniature golf courses.
Public schools and private schools.
Public utility distribution lines and easements but not transmission lines
or substations.
Accessory uses clearly incidental to a permitted use and which will not
create a nuisance or hazard.
Conditional Uses
The following uses may be permitted as conditional uses by the Town Board
subject to the provisions of Section 12:
Planned unit developments (See additional regulations in Section 13).
Tennis and Swim Clubs.
Dimensional Requirements
Within the R-16 District as shown on the Zoning Map, all of the following
dimensional requirements shall be complied with:
Minimum lot area - 20,000 square feet (without public water and sewer).
10,000 square feet (with public water and/or sewer).
Minimum additional lot area for each dwelling unit in excess of one:
5,000 square feet.
Minimum lot width: 75 feet.
Minimum heated living area in any dwelling shall be 1,600 square feet.
Minimum required front yard: 30 feet measured from the front property line.
Minimum required side yard: 15 feet measured from the side property line.
Minimum required rear yard: 25 feet measured from the rear property line.
Building Height Limits: 35 feet.
Location of Accessory Buildings
No accessory building shall be erected in any required front or side yard or
within ten (10) feet of any line.
An accessory building shall not be located closer than ten (10) feet to any
other building.
Corner Visibility
On a corner lot, within the triangular area formed by the inside curb lines
or the edge of the pavement lines of the intersecting streets and a line
joining points on such lines at a distance of forty (40) feet from their
intersection, there shall be no obstruction to vision between a height of
two (2) feet and a height of ten (10) feet above the average center line
grade of such street.
Signs
See Section 7.
Off-Street Parking
See Section 8.
5.3 R-12: Residential District
This district is established as a district in which the principal use of
land is for medium density residential purposes.
Permitted Uses
Single Family Dwellings.
Home Occupations.
Churches.
Municipal or County owned buildings - town, county, state or federal grounds
and facilities for recreation and community center buildings, lakes, parks
and similar facilities operated on a non-profit basis, but not including
miniature golf courses.
Public schools and private schools.
Public utility distribution lines and easements but not transmission lines
or substations.
Accessory uses clearly incidental to a permitted use and which will not
create a nuisance or hazard.
Conditional Uses
The following uses may be permitted as conditional uses by the Town Board
subject to the provisions of Section 12:
Planned unit developments (See additional regulations in Section 13).
Tennis and Swim Clubs.
Dimensional Requirements
Within the R-12 District as shown on the Zoning Map, all of the following
dimensional requirements shall be complied with:
Minimum lot area - 20,000 square feet (without public water and sewer).
10,000 square feet (with public water and/or sewer).
Minimum additional lot area for each dwelling unit in excess of one:
5,000 square feet.
Minimum lot width: 75 feet.
Minimum heated living area in any dwelling shall be 1,250 square feet.
Minimum required front yard: 30 feet measured from the front property line.
Minimum required side yard: 15 feet measured from the side property line.
Minimum required rear yard: 25 feet measured from the rear property line.
Maximum permissible lot coverage: The total ground area covered by the
principal building(s) and all accessory buildings shall not exceed
thirty-five (35) percent of the total lot area.
Building Height Limits: 35 feet.
Location of Accessory Buildings
No accessory building shall be erected in any required front or side yard or
within ten (10) feet of any lot line.
An accessory building shall not be located closer than ten (10) feet to any
other building.
Corner Visibility
On a corner lot, within the triangular area formed by the inside curb lines
or the edge of the pavement lines of the intersecting streets and a line
joining points on such lines at a distance of forty (40) feet from their
intersection, there shall be no obstruction to vision between a height of
two (2) feet and a height of ten (10) feet above the average center line
grade of each street.
Signs
See Section 7.
Off-Street Parking
See Section 8.
5.4 R-10: Residential District
This district is established as a district in which the principal use of
land is for medium density residential purposes.
Permitted Uses
Single Family Dwellings.
Home Occupations.
Churches.
Municipal or County owned buildings - town, county, state or federal grounds
and facilities for recreation and community center buildings, lakes, parks
and similar facilities operated on a non-profit basis, but not including
miniature golf courses.
Public schools and private schools.
Public utility distribution lines and easements but not transmission lines
or substations.
Accessory uses clearly incidental to a permitted use and which will not
create a nuisance or hazard.
Conditional Uses
The following uses may be permitted as conditional uses by the Town Board
subject to the provisions of Section 12:
Planned unit developments (See additional regulations in Section 13).
Tennis and Swim Clubs.
Duplex Apartments.
Dimensional Requirements
Within the R-10 District as shown on the Zoning Map, all of the following
dimensional requirements shall be complied with:
Minimum lot area - 20,000 square feet (without public water and sewer).
10,000 square feet (with public water and/or sewer).
Minimum additional lot area for each dwelling unit in excess of one:
5,000 square feet.
Minimum lot width: 75 feet.
Minimum heated area in any dwelling shall be 1,000 square feet.
Minimum required front yard: 30 feet measured from the front property line.
Minimum required side yard: 15 feet measured from the side property line.
Minimum required rear yard: 25 feet measured from the rear property line.
Maximum permissible lot coverage: The total ground area covered by the
principal building(s) and all accessory buildings shall not exceed
thirty-five (35) percent of the total lot area.
Building Height Limits: 35 feet.
Location of Accessory Buildings
No accessory building shall be erected in any required front or side yard or
within ten (10) feet of any lot line.
An accessory building shall not be located closer than ten (10) feet to any
other building.
Corner Visibility
On a corner lot, within the triangular area formed by the inside curb lines
or the edge of the pavement lines of the intersecting streets and a line
joining points on such lines at a distance of forty (40) feet from their
intersection, there shall be no obstruction to vision between a height of
two (2) feet and a height of ten (10) feet above the average center line
grade of each street.
Signs
See Section 7.
Off-Street Parking
See Section 8.
5.5 R-8: Residential District
This district is established as a district in which the principal use of
land is for a
mixture of single-family dwelling units and mobile homes.
Permitted Uses
Single-Family Dwelling Units.
Duplexes - Two Family Dwelling Units.
Multi-Family Dwelling Units.
Grounds and facilities for recreation and community center buildings,
lakes, parks, and similar facilities operated on a non-profit basis, but not
including miniature golf courses.
Home Occupations.
Churches.
Schools.
Public utility distribution lines and easements but not transmission lines
or substations.
Accessory uses clearly incidental to a permitted use and which will not
create a nuisance or hazard.
Conditional Uses
The following uses may be permitted as conditional uses by the Town Board
subject to the provisions of Section 12:
Planned unit developments ( see additional regulations in Section 13).
Mobile Home Parks (upon consent of all property owners within 200 feet,
see additional regulations in Section 13).
Tennis and Swim Clubs.
Day Care Centers.
Boarding Houses.
Type A Mobile Homes - individual mobile homes must meet tiedown and
underpinning requirements contained in Section 13.
Dimensional Requirements
Within the R-8 District as shown on the Zoning Map, all of the following
dimensional requirements shall be complied with:
Minimum required lot area - 8000 square feet.
Minimum additional lot area for each dwelling unit in excess of one -
5,000 square feet.
Minimum required lot width - 75 feet.
Minimum heated living area in any dwelling shall be 700 square feet.
Minimum required front yard - 30 feet measured from the
front property line.
Minimum required side yard - 15 feet measured from the
side property line.
Minimum required rear yard - 25 feet measured from the
rear property line.
Maximum permissible lot coverage - The total ground area covered by the
principal
building (s) and all accessory
buildings shall not exceed
thirty-five (35) percent of the
total lot area.
Building Height Limits: 35 feet.
Corner Visibility
On a corner lot, within the triangular area formed by the inside curb lines
or the
edge of the pavement lines of the intersecting streets and a line joining
points on such lines at a distance of forty (40) feet from their
intersection, there shall be no obstruction to vision between a height of
two (2) feet and height of ten (10) feet above the average center line grade
of each street.
Location of Accessory Buildings
No accessory building shall be erected in any required front or side yard or
within ten (10) feet of any lot line. An accessory building shall not be
located
closer than ten (10) feet to any other building.
Signs
See Section 7.
Off-Street Parking
See Section 8.
5.6 P: Professional District
This district is established as a district in which the principal use of
land is for
professional offices.
Permitted Uses
Offices of licensed medical doctors.
Dentist offices.
Lawyers offices.
Single family dwellings - minimum 1,600 square feet heated area.
Home Occupations.
Churches.
Dimensional Requirements
Within the P District as shown on the Zoning Map, all of the following
dimensional requirements shall be complied with:
Minimum lot area: 10,000 square feet.
Minimum lot width: 75 feet.
Minimum required front yard: 30 feet measured from the front property line.
Minimum required side yard: 15 feet measured from the side property line.
Minimum required rear yard: 25 feet measured from the rear property line.
Maximum permissible lot coverage: The total ground area covered by the
principal building and all accessory buildings shall not exceed thirty-five
(35) percent of the total area.
Building Height Limits: 35 feet.
Corner Visibility
On a corner lot, within the triangular area formed by the inside curb lines
or the edge of the pavement lines of the intersecting streets and a line
joining points on such lines at a distance of forty (40) feet from their
intersection, there shall be no obstruction to vision between a height of
two (2) feet and a height of ten (10) feet above the average center line
grade of each street.
Buffers
Buffer strips shall be required where a professional office abuts land zoned
residential.
The buffer strip shall be of continuous evergreen composition and grow to a
height of six (6) feet within a three year period.
The buffer requirements may be waived by the Board of Adjustment upon
recommendation of the Planning Board along any boundary which is naturally
screened by evergreen plant materials or topography, or may be deferred in
isolated areas.
Signs
See Section 7.
Off-Street Parking
See Section 8. Also, one off-street space required for every 200 gross feet
of floor area for any non-residential use.
5.7 CB: Central Business District
The CB District is designed to accommodate those retail and office uses
which are characteristic of the major business center of the town.
Permitted Uses
Banks, financial institutions.
Professional and business offices.
Retail sales establishments.
Parks and playgrounds.
Dry cleaning and laundry pick-up stations, laundry and dry cleaning
establishments.
Publishing and printing establishments.
Restaurants, except drive-ins.
Motels, hotels, and guest houses.
Florist shops.
Food stores.
Indoor theaters.
Laboratories.
Repair shops for radios and televisions, for small appliances, shoes, and
the like.
Artist and craftsmen studios, displays, or shops.
Municipal or County Owned Buildings.
Taxi stands.
Radio and television broadcasting studios.
Funeral homes.
Accessory uses clearly incidental to a permitted use and which will not
create a nuisance or hazard.
Personal service establishments.
Antique shops.
Conditional Uses
The following uses may be permitted as conditional uses by the Town Board
subject to the provisions of Section 12:
Automobile service stations and garages.
Cartage and express facilities.
Civic, charitable, political, fraternal, social, and religious
organizations.
Drive-in type facilities and other financial institutions.
Family dwellings on upper floors of commercial buildings.
Public utility and service uses.
Warehousing and wholesale establishments and storage other than accessory to
permitted retail uses.
Pawn Shops (also required: a Town Pawn Application to be approved by the
Town Board.)
Video Game Rooms. (Arcades and Video Game Rooms cannot be located within
1500 feet of each other.)
RULES FOR OPERATION OF A GAME ROOM
GAME ROOMS MAY NOT OPEN BEFORE 12:00 NOON ON ANY DAY OF THE WEEK.
GAME ROOMS MAY OPEN ON SUNDAY ONLY BETWEEN THE HOURS OF 1:00 P.M. AND 6:00
P.M.
GAME ROOMS TO CLOSE AT 11:00 P.M. ON MONDAYS, TUESDAYS, WEDNESDAYS, AND
THURSDAYS.
GAME ROOMS TO CLOSE AT 12:00 MIDNIGHT ON FRIDAY AND SATURDAY NIGHTS.
GAME ROOMS SHALL BE CLOSED TO ALL MINORS DURING NORMAL SCHOOL HOURS (THAT
IS, WHILE ANY PUBLIC SCHOOL IS IN SESSION).
THERE MUST BE AN ADULT (21 YEARS OF AGE OR OLDER) MANAGING A GAME ROOM
BUSINESS AT ALL TIMES.
Dimensional Requirements
Within the CB District as shown on the Zoning Map, all of the following
dimensional requirements shall be complied with:
Minimum lot area: There shall be no minimum area requirement for lots in
this district.
Minimum required front yard: The minimum front yard depth shall
be the average of the front yard depths which have been established by
buildings in one or both adjoining side lots. In all cases there shall be
sufficient setback from the street curb line to provide space for a minimum
eight (8) foot sidewalk.
Minimum required side yard: No side yard is required, except
where a lot abuts a residentially zoned lot. In such an instance, the
abutting side yard shall be at least fifteen (15) feet wide.
Minimum required rear yard: Ten (10) feet measured from the rear
property line. No rear yard is required where a public alley abuts the rear
property line.
Building Height Limits: 35 feet.
Buffers
Buffer strips shall be required where any use permitted in this district
abuts land zoned residential.
The buffer strip shall be of continuous evergreen composition and grow to a
height of six (6) feet within a three year time period.
The buffering requirements may be waived by the Board of Adjustment upon
recommendation of the Planning Board along any boundary which is naturally
screened by evergreen plant materials or topography, or may be deferred in
isolated areas.
Signs
See Section 7.
Off-Street Parking
See Section 8.
Off-Street Loading
See Section 9.
5.8 HB: Highway Business District
This district is intended for the use of those businesses which are properly
and necessarily located along major highways. Business uses permitted in
this district are those retail and service facilities that provide goods and
services for the traveling public.
Permitted Uses
All uses permitted in the CB, Central Business District, with the exception
that residential uses, including homes for the aged, nursing homes and the
like, are not permitted.
Restaurants, including drive-ins.
Drive-in theaters.
Greenhouses.
Warehouses.
Professional Offices.
Wholesale merchants.
Public utility storage or service yards and substations.
Building materials sale and storage.
Radio and television transmitting stations and towers.
Animal Hospitals.
Motels.
Bus Stations.
Automobile sales and service.
Mobile home, travel trailer, boat, and motorcycle sales and service.
Travel Trailer campgrounds.
Accessory uses clearly incidental to a permitted use and which will not
create a nuisance or hazard.
Conditional Uses
The following uses may be permitted as a conditional use by the Town Board
subject to the provisions of Section 12:
Body Repair Garages.
Car Washes.
Day Care Centers.
Planned Unit Developments.
Auction Houses (with the following requirements):
1. All operations and storage take place indoors;
2. Operation may not take place after 10:00 p.m. on Monday through Thursday
and 11:00 p.m. on Friday and Saturday. No operations to be allowed on
Sunday; and
3. The building the auction house is located in may not be within 300 feet
of any church or residency.
Dimensional Requirements
Within the HB District as shown on the Zoning Map, all of the following
dimensional requirements shall be complied with:
Minimum lot area: 20,000 square feet (without public water and sewer).
10,000 square feet (with public water and/or sewer).
Minimum lot area for planned unit developments which are conditionally
approved: 10,000 square feet plus 5,000 square feet for each
dwelling unit in excess of one.
Minimum lot width: 100 feet.
Minimum required front yard: 30 feet measured from the front property line.
Minimum required side yard: No side yard is required, except where a lot
abuts a residentially zoned lot. In such an instance, the abutting side yard
shall be at least 15 feet wide.
Minimum required rear yard: 20 feet measured from the rear property line.
Maximum permissible lot coverage: The total ground area covered by the
principal building (or buildings in the case of a conditionally approved
planned unit development) and all accessory buildings shall not exceed
thirty-five (35) percent of the total lot area.
Building Height Limits: 35 feet.
Location of Accessory Buildings
No accessory building shall be erected in any required front or side yard or
within ten (10) feet of any lot line.
Corner Visibility
On a corner lot within the triangular area formed by the inside curb lines
or the edge of the pavement lines of the intersecting streets and a line
adjoining points on such lines at a distance of forty (40) feet from their
intersection, there shall be no obstruction to vision between a height of
two (2) feet and a height of ten (10) feet above the average center line
grade of each street.
Buffers
Buffer strips shall be required where any permitted use in this district
abuts land zoned residential. The buffer strip shall be of continuous
evergreen composition and grow to a height of six (6) feet within a three
year time period.
The buffering requirement may be waived by the Board of Adjustment upon
recommendation of the Planning Board along any boundary which is naturally
screened by evergreen plant materials or topography, or may be deferred in
isolated areas.
Signs
See Section 7.
Off-Street Parking
See Section 8.
Off-Street Loading
See Section 9.
5.9 HSP: Hospitality District
This district is designed for commercial establishments serving transients
using only the major highway systems traversing the town. The range of
retail and service uses in this district are restricted to those essential
to the traveler. The district is customarily located near the intersection
of limited access facilities and major arterial streets.
Permitted Uses
Accessory Uses already incidental to a permitted use and which will not
create a nuisance or hazard.
Automobile off-street parking, commercial lots.
Automobile and Truck Rental.
Automotive Service Station Operations.
Churches and similar religious facilities.
Curio and Souvenir Sales.
Delicatessen Operations, including catering.
Eating or Drinking Facilities, operated as commercial enterprises.
Motels, Hotels and other transient lodging (excluding trailer parks, RV
parks or campgrounds).
Newsstand Sales.
Public and community utility stations or substations.
Recreation or Amusement Enterprise - conducted inside a building and for
profit, and not otherwise listed herein.
Swimming Pools, incidental to a permitted principal use.
Temporary Construction Buildings.
Theater Productions, indoor, which show only films previously submitted to
and rated by the Motion Picture Association of America.
Conditional Uses
The following uses may be permitted as a conditional use by the Town Board
subject to the provisions of Section 12:
Beauty Shops.
Manufacturer’s Outlet Sales.
Mini-Storage Warehouse.
Retail Sales.
Dimensional Requirements
Within the HSP District as shown on the Zoning Map, all of the following
dimensional requirements shall be complied with:
Minimum lot area: 20,000 square feet (without public water and sewer).
10,000 square feet (with public water and/or sewer).
Minimum lot width: 100 feet.
Minimum required front yard: 30 feet.
Minimum required side yard: 5 feet except where a lot abuts a residentially
zoned lot. In such an instance the abutting side yard shall be at least
fifteen (15) feet wide.
Minimum required rear yard: 20 feet except where a lot abuts a residentially
zoned lot. In such instances the abutting rear yard shall be at least fifty
(50) feet wide.
Maximum permissible lot coverage: The total ground area covered by the
principal building and all accessory buildings shall not exceed thirty-five
(35) percent of the total lot area.
Building Height Limits: 35 feet.
Location of Accessory Buildings
No accessory building shall be erected in any required front or side yard or
within ten (10) feet of any lot line.
Corner Visibility
On a corner lot within the triangular area formed by the inside curb lines
or the edge of the pavement lines of the intersecting streets and a line
adjoining points on such lines at a distance of forty (40) feet from their
intersection, there shall be no obstruction to vision between a height of
two (2) feet and a height of ten (10) feet above the average center line
grade of each street.
Buffers
Buffer strips shall be required where any permitted use in this district
abuts land zoned residential. The buffer strip shall be at least two (2)
feet high when planted, and grow to a height of six (6) feet within a three
(3) year time period; or a fifteen (15) foot wide strip of natural wooded
area; or a twenty-five (25) foot wide area landscaped with grass or other
ground cover and at least three (3) trees and five (5) shrubs for each one
hundred (100) feet, or portion thereof, of boundary abutting property zoned
residential.
Existing trees and shrubs in the buffer area may be used toward the required
landscaping. Planted trees which are of an evergreen variety must be at
least three (3) feet in height. Other trees must be at least four (4) feet
in height. Planted shrubs must be at least twelve (12) inches in height.
Any nondecorative fence or wall, such as a chain-link fence or concrete
block wall, shall be located between the commercial or industrial use and
the buffer, rather than along the property line.
Signs
See Section 7.
Off-Street Parking
See Section 8.
Off-Street Loading
See Section 9.
5.10 NB: Neighborhood Business District
This district is established as a district in which the principal use of
land is for commercial and service uses to serve the surrounding residential
district.
Permitted Uses
Branch banks.
Barber and beauty shops.
Drug stores.
Professional Offices.
Grocery stores (convenience type).
Laundry facilities.
Accessory uses clearly incidental to a permitted use and which will not
create a nuisance or hazard.
Conditional Uses
The following uses may be permitted as a conditional use by the Town Board
subject to the provisions of Section 12:
Automobile service stations.
Craft and antique shops.
Day Care Centers.
Retail Florist Shops.
Dimensional Requirements
Within the NB District as show on the Zoning Map, all of the following
dimensional requirements shall be complied with:
Minimum lot area: 20,000 square feet (without public water and sewer).
10,000 square feet (with public water and/or sewer).
Minimum lot width: 50 feet.
Minimum required front yard: 20 feet, measured from the front property line.
Minimum required side yard: No side yard is required, except where a lot
abuts a residentially zoned lot. In such an instance, the abutting side yard
shall be at least 15 feet wide.
Minimum required rear yard: 20 feet measured from the rear property line.
Maximum permissible lot coverage: The total ground area covered by the
principal building and all accessory buildings shall not exceed thirty-five
(35) percent of the total lot area.
Building Height Limits: 35 feet.
Location of Accessory Buildings
No accessory building shall be erected in any required front or side yard or
within ten (10) feet of any lot line.
Corner Visibility
On a corner lot within the triangular area formed by the inside curb lines
or the edge of the pavement lines of the intersecting streets and a line
adjoining points on such lines at a distance of forty (40) feet from their
intersection, there shall be no obstruction to vision between a height of
two (2) feet and a height of ten (10) feet above the average center line
grade of each street.
Buffers
Buffer strips shall be required where any permitted use in this district
abuts land zoned residential. The buffer strip shall be of continuous
evergreen composition and grow to a height of six (6) feet within a three
(3) year time period.
The buffering requirements may be waived by the Board of Adjustment upon
recommendation of the Planning Board along any boundary which is naturally
screened by evergreen plant materials or topography, or may be deferred in
isolated areas.
Signs
See Section 7.
Off-Street Parking
See Section 8.
5.11 I: Industrial District
This district is established to promote and protect both existing industrial
activities and sites where urban services are available and which are
considered suitable for future industrial use.
Permitted Uses
Manufacturing, assembling and processing industries provided that all
operations are conducted within an enclosed structure and that there is no
outside storage except in the rear yard.
Industrial Parks.
Wholesale, warehouse, and transfer activities.
Farms and agricultural uses.
Service stations and other auto-oriented business establishments.
Public utility lines and facilities.
Municipal or County owned buildings.
Accessory uses clearly incidental to a permitted use and which will not
create a nuisance or hazard.
Conditional Uses
The following uses may be permitted as conditional uses by the Town Board
subject to the provisions of Section 12:
Outdoor Advertising Signs (See Section 7).
Junkyards. Junkyards along interstate and primary highways shall meet the
requirements of the Junkyard Control Act of 1967.
Automobile wrecking yards and similar types of used material industries when
conducted within a structure or on a lot enclosed by a solid fence at least
six (6) feet in height.
Circuses, carnivals, and fairs.
Fertilizer manufacture or sale.
Wholesale storage of gasoline or bulk terminal plants provided no
above-ground storage tank shall be closer than fifty (50) feet to any
property lines, and that the uses are in conformity with the state and local
regulations governing the storage of combustible fuels.
Dimensional Requirements
Within the I District as shown on the Zoning Map, all of the following
dimensional requirements shall be complied with:
Minimum lot area: 1 acre.
Minimum lot width: 150 feet.
Minimum required front yard: 25 feet measured from the front property line.
Minimum required side yard: 15 feet except where a lot abuts a residentially
zoned lot. In such an instance the abutting side yard shall be at least
fifty (50) feet wide.
Minimum required rear yard: 20 feet except where a lot abuts a residentially
zoned lot. In such instances the abutting rear yard shall be at least fifty
(50) feet wide.
Building Height Limits: 50 feet.
Location of Accessory Buildings
No accessory building shall be erected in any required front or side yard or
within ten (10) feet of any lot line.
Corner Visibility
On a corner lot within the triangular area formed by the inside curb lines
or the edge of the pavement lines of the intersecting streets and a line
adjoining points on such lines at a distance of forty (40) feet from their
intersection, there shall be no obstruction to vision between a height of
two (2) feet and a height of ten (10) feet above the average center line
grade of each street.
Buffers
Buffer strips shall be required where any permitted use in this district
abuts land zoned residential. The buffer strip shall be of continuous
evergreen composition and grow to a height of six (6) feet within a three
(3) year time period.
The buffering requirement may be waived by the Board of Adjustment upon
recommendation of the Planning Board along any boundary which is naturally
screened by evergreen plant materials or topography, or may be deferred in
isolated areas.
Signs
See Section 7.
Off-Street Parking
See Section 8.
Off-Street Loading
See Section 9.
5.12 R: Recreation/Conservation District
The Recreation/Conservation District is established as a district in which
the primary use of land is reserved for flood control, public recreations,
natural or man-made bodies of water, forests, and other similar open spaces
uses. In promoting the general purposes of this Ordinance, the specific
intent of this subsection is as follows:
1. To encourage the preservation of, and continued use of the land for
conservation purposes.
2. To prohibit residential, commercial, and industrial use of land, and to
prohibit any other use which would substantially interfere with the
preservation of this district.
3. To encourage the discontinuance of uses that would not be permitted as
uses in the district.
Permitted Uses
The following uses shall be permitted in the Recreation/Conservation
district subject to the various provisions of this section:
Golf Courses.
Parks and recreational activity.
Municipal or County owned buildings.
Nature preserves.
Farming.
Parking facilities.
Open space land.
Conditional Uses
The following use may be permitted as a conditional use by the Town Board
subject to the provisions of Section 12:
Cemeteries.
Dimensional Requirements
Within the Recreation/Conservation District, as shown on the Zoning Map,
there shall be no minimum lot areas, widths, or yards required due to the
exceptional physical characteristics of this district.
Signs
One per lot, which may be illuminated if no direct light is cast on the
adjoining property and if all lighting is non-flashing in design. Maximum
surface area:
cemeteries and parks - 15 square feet; real estate - 6 square feet.
Off- Street Parking
See Section 8.
SECTION 6. EXCEPTIONS
AND MODIFICATIONS
The dimensional requirements of this Ordinance shall be complied with in all
respects except that under the specific conditions as outlined in this
Section, the requirements may be waived or modified as stated; and in
addition, the dimensional requirements may be changed or modified by the
Planning Board as provided for in Section 14.
6.1 Front Yard Modifications in Residential Districts
Where forty (40) percent or more of the frontage in any block face is
composed of lots which have been developed with buildings whose front yards
are less than the minimum required front yard as specified in the District
Regulations, the required front yard shall be the average depth of front
yards of the developed lots, or the minimum front yard as specified in
Section 5, District Regulations, whichever is less. Provided further that if
any lot lies between two buildings which are less than 100 feet apart, the
required front yard for such lot shall be no greater than the average front
yard of the two adjoining lots.
6.2 Other Yard Modifications
Architectural features such as open or enclosed fire escapes, cornices,
eaves, steps, gutters, buttresses, outside stairways, balconies and similar
features, but not covered porches may project not more than thirty (30)
inches into any required side yard and not more than four (4) feet into any
required front yard or any required rear yard. Unenclosed and detached
carports and garages may extend to five (5) feet of a side property line.
Sidewalk canopies are exempt from this regulation.
6.3 Height Limit Exceptions
Chimneys, water tanks or towers, ornamental towers or spires, wireless or
broadcasting towers, monuments, cupolas, domes, false mansards, parapet
walls, and similar structures and necessary mechanical appurtenances may be
erected to heights exceeding the maximum of this Ordinance, upon
recommendation of the Building Inspector and approval of the Town Board of
Commissioners.
6.4 Lot of Record
Except as set forth in 6.5 below, if a lot, which was recorded prior to the
passage of this Ordinance, fails to meet lot area or width requirements or
both in a district where single family residences are permitted, such lot
may be used as the location of a single-family dwelling with related
accessory buildings. However, there shall be no alteration of minimum yard
requirements on such lots except where the Planning Board finds, after
public hearing, that the value of neighboring properties would not be unduly
depreciated nor the public safety or welfare unduly affected by such an
action. In no case shall the Planning Board reduce the yard requirements by
more than twenty percent.
6.5 Adjoining and Vacant Lots of Record
If two or more adjoining and vacant lots of record are in a single ownership
at any time after the adoption of this Ordinance and such lots individually
have less frontage or area than the minimum requirements of the district in
which such lots are located, the lands involved shall be considered to be an
undivided parcel for the purposes of this Ordinance, and no portion of said
parcel shall be used which does not meet lot width and area requirements
established by this Ordinance.
SECTION 7. SIGN REGULATIONS
The purpose of these regulations is to minimize any detrimental effects of
signs on adjacent land uses, and to insure that permitted signs do not
become a public nuisance or hazard. All signs erected, altered, relocated or
maintained shall be in accordance with the provisions of this Section.
7.1 Signs Prohibited
1. Signs not to Constitute Traffic Hazards - No sign or advertising
structure shall be erected or maintained at the intersection of any streets
or roads so as to obstruct free and clear vision; or at any location where,
by reason of the position, illumination, shape or color, it may impair,
obstruct the view or be confused with any authorized traffic sign, signal,
or device; or which makes use of the words “stop”, “look”, “drive-in”,
“danger”, or any other word, phrase, symbol or character in such manner as
to interfere with, mislead or confuse traffic.
2. Signs Erected on Public Streets - No sign shall be erected or maintained
within any public street right-of-way nor be allowed to extend over or into
any public street, provided that this section shall not apply to public
signs necessary in the performance of a governmental function or required to
be posted by law.
3. Obstruction of Ingress or Egress of Building - No sign shall be erected
or maintained that obstructs ingress and/or egress to or from any window,
door, fire escape, stairway, ladder, or opening intended to provide light,
air, ingress or egress to or from any room or building as required by law.
4. Obscene Matter Prohibited - No sign shall be erected or maintained which
bears or contains statements, words, or pictures of an obscene character.
5. Signs on Private Property; Consent Required - No sign may be erected by
any person on private property of another person without first obtaining the
verbal or written consent of such owner.
6. Mobile Signs - Signs or advertising structures having the capability of
being transported from one site to another shall be prohibited.
7.2 Signs Permitted in All Districts
The following signs shall be permitted in all zoning district:
1. Directional and Information Signs erected and maintained by public
agencies and governmental bodies.
2. Temporary Real Estate Signs not to exceed twelve square feet in area
displayed on the property proposed for sale or lease and located on private
property behind the property line. Such signs may be indirectly illuminated
in non-residential districts.
3. Bulletin Boards - Churches, schools, community centers, and other public
and institutional uses may erect one sign or bulletin board not exceeding
forty (40) square feet in area for the purpose of displaying the name of the
institution and related information. Such signs shall be used as wall signs
or shall be located a minimum of ten (10) feet from the street lot line and
side lot or property lines. Where side yards are required, no such sign
shall be permitted in the required side yards. Such signs may be indirectly
illuminated.
D. Temporary Construction Signs which denote the architect, engineer,
contractor, or builder of the project or which describe the name and
proposed use of the project may be placed on the site until construction is
completed.
E. Identification Signs not to exceed six square feet in display area
bearing only addresses or names of occupants of the premises and located on
privately owned property.
6. Memorial Plaques, cornerstones, historical tablets, and similar signs.
7. Instructional Signs, erected on private property, not to exceed six
square feet in display area, erected strictly for the direction, safety or
convenience of the public, including signs which identify restrooms, parking
area entrances or exits, height entrances and similar devices, warning,
danger and no trespassing signs.
8. Temporary Political Signs erected on private property during periods of
National, State and Local elections. Political Posters are allowed on Public
Property on Election Day within the same block as the polling places and may
be put up as early as twelve (12) hours prior to the polls opening.
9. Temporary Street Banners
10. Professional Office Signs - Professional offices may erect one sign not
exceeding twelve square feet in area for the purpose of displaying the name
of the professional(s) and related information.
7.3 Business Signs
Business signs and name signs shall be permitted on the premises of the
business in districts in which the principal use is permitted subject to the
following limitations:
1. Signs for customary home occupations shall not exceed six square feet in
display area.
2. Business signs shall not project more than eight (8) feet from any
building wall or canopy. Projecting signs shall not exceed forty (40) square
feet in display area or come to within one foot of a lot line.
A. If suspended from a canopy, the sign must be at least eight (8) feet
above the sidewalk level.
3. Non-illuminated signs shall have a total surface area in square feet per
establishment no greater than three times the street frontage of the lot, in
feet, but in no case greater than 100 square feet per side.
4. Illuminated signs shall have a total sign surface area in square feet per
establishment no greater than three time the street frontage of the lot, in
feet, but in no case greater than 100 square feet. Display lighting shall be
shielded so as to prevent a direct view of the light source from a residence
in a residential district. No intermittent lighting effects may be utilized.
5. Freestanding signs, including overhang, shall be located no closer than
ten (10) feet off the curb line, and shall not encroach upon any street
right-of-way. The surface area of a freestanding business sign shall be no
greater than 150 square feet per side. No freestanding sign shall be located
in a required side yard or within ten (10) feet of the side property line. A
planter constructed at the base of a freestanding sign does not constitute a
part of the sign.
6. Attached signs. The surface area in square feet of a business sign which
is attached to a building shall be no greater than three times the frontage
of the building.
7. Signs in shopping centers shall be subject to the following limitations:
(1) Each shopping center may provide not more than one freestanding sign
that displays the name of the shopping center.
(2) Detached buildings that are designed to contain not more than one
business, may display not more than two business signs.
(3) Businesses located in attached buildings may display not more than one
business sign.
I. Signs in the Hospitality District shall be subject to the following
limitations:
A freestanding sign may have a height greater than forty and one-tenth
(40.1) feet, but no greater than eighty (80) feet measured from the adjacent
ground level. No freestanding sign shall have a height between twenty-five
and one-tenth (25.1) feet and forty (40) feet. A single side of a
freestanding sign having a height greater than forty and one-tenth (40.1)
feet may not exceed six (6) square feet for each foot in height.
7.4 Outdoor Advertising Signs - Industrial District
Outdoor advertising signs are permitted as a conditional use in the
Industrial District subject to the following limitations:
1. The maximum size of the display area of outdoor advertising signs shall
be 300 square feet for single-face signs and 300 square feet for each face
of double face signs.
2. They must meet all requirements of the district applying to the principal
structures with regard to yards, setbacks, and height requirements. Further,
the minimum height of the lowest portion of any display surface shall be
elevated to a height of eight (8) feet from the ground level.
3. Such signs shall not be located within 100 feet of any residential
district.
4. Such signs shall not be permitted within 300 feet of an existing
advertising sign or structure.
5. No outdoor advertising sign shall be erected or maintained within 600
feet of the nearest edge of the right-of-way of interstate or primary
highways, except as allowed by the North Carolina General Statutes.
Lighting
(1) Display lighting of signs shall be shielded so as to prevent the
direction of such light into any structure used primarily for residential
purposes.
(2) No rotating, revolving or intermittent lighting devices shall be
attached to, or made a part of, any outdoor advertising sign.
7.5 Outdoor Advertising Signs - Hospitality District
Outdoor advertising signs are permitted as a conditional use in Hospitality
Districts subject to the following limitations:
1. Three (3) single faced signs per premise not to exceed 32 square feet
each in area and sign to be attached to a permanent building or fence. If
signs are attached to a fence, fence is to run at least 50% of the side
property line. No sign shall extend beyond the building or fence nor be
higher than eight (8) feet above the ground.
2. Outdoor advertising signs shall be located no closer than ten (10) feet
from the curb line and shall not encroach on any street right-of-way.
3. Such signs shall not be located within one hundred (100) feet of any
residential district, unless said signs are single faced and do not face the
residential district.
4. No outdoor advertising sign shall be erected or maintained within 660
feet of the nearest edge of the right-of-way of interstate or primary
highways, except as allowed by the North Carolina General Statutes.
5. Lighting
(1) Display lighting of signs shall be shielded so as to prevent the
direction of such light into any structure used primarily for residential
purposes.
7.6 Permits
No person shall construct or maintain any sign within 600 feet of the
nearest edge of the right-of-way of the interstate or primary highway system
without first obtaining a permit from the North Carolina Department of
Transportation as required by the North Carolina General Statutes.
SECTION 8. OFF-STREET PARKING
At the time of the erection of any building, or at the time any principal
building is enlarged or increased in capacity by adding dwelling units,
guest rooms, seats or floor area, permanent off-street parking space shall
be provided in the amount specified by this Section. Such parking space may
be provided in a parking garage or properly graded open space. The following
blocks, comprising the original central business district, are exempt from
the parking requirements: Block 1, lots 11, 12, 13; Block 2; Block 3, lots
1, 2, 3, 4, 5, 6; Block 5; Block 6; Block 9; Block 10, lots 11, 12, 13, 24,
25, 26; Block 11; Block 14; Block 15; Block 18, lots 5, 6, 7, 8; Block 19,
lots 2, 3, 4; Block 33, lots 1, 2, 7, 8; Block 34, lots 8, 9, 10, 19, 20,
21; Block 81, lots 7, 8, 9, 10, 11, 12; Block 82, lots 1, 2, 3, 4.
8.1 Certification of Minimum Parking Requirements
Each application for a Certificate of Occupancy shall include information as
to the location and dimensions of off-street parking and the means of
ingress and egress to such space. This information shall be in sufficient
detail to enable the Town to determine whether the requirements of this
Section are met.
8.2 Combination of Required Parking Space
The required parking space for any number of separate uses may be combined
in one (1) lot but the required space assigned to one (1) use may not be
assigned to another use, except that one-half (1/2) of the parking space
required for churches, theaters or assembly halls, whose peak attendance
will be at night or on Sundays, may be assigned to a use which will be
closed at night and on Sundays.
8.3 Remote Parking Space
If the off-street parking space required by this Ordinance cannot be
reasonably provided on the same lot on which the principal use is located,
such space may be provided on any land within 500 feet of the main entrance
to such principal use, provided such land is in the same ownership as the
principal use.
8.4 Requirements for Parking Lots in Residential Districts
Where parking lots for more than five (5) cars are permitted or required in
residential districts, the following provisions shall be complied with:
1. The lot may be used only for parking and not for any type of loading,
sales, dead storage, repair work, dismantling or servicing.
2. All entrances, exits, barricades at sidewalks, and drainage plans shall
be approved and constructed before occupancy.
3. A strip of land five (5) feet wide adjoining any street line or any lot
zoned for residential uses shall be reserved as open space, guarded with
wheel bumpers and planted in grass and/or shrubs.
4. Only one (1) entrance and one (1) exit sign no larger than two (2) square
feet prescribing parking regulations may be erected at each entrance or
exit. No other signs shall be permitted.
8.5 Minimum Parking Requirements
The number of off-street parking spaces required by this section shall be
provided on the same lot with the principal use except as provided in
Subsection 8.3 and the required number of off-street parking spaces
specified for each use shall be considered as the absolute minimum. In
addition a developer shall evaluate his own needs to determine if they are
greater than the minimum specified by this Ordinance; an off-street parking
space shall be no less than 160 square feet in area plus adequate ingress
and egress provided for each off-street parking space.
Land Uses Required Parking
Auditorium One (1) parking space for each four (4) seats in the largest
assembly room.
Public or private clubs One (1) parking space for each 200 square feet of
gross floor space.
Public utility buildings One (1) parking space for each employee.
Office One (1) parking space for each 500 square feet of gross floor space.
Bank One (1) parking space for each 200 square feet of gross floor space,
plus one (1) space for each two (2) employees.
Filling Station Five (5) parking spaces for each grease rack and five (5)
spaces for each wash rack.
Theater One (1) parking space for each four (4) seats in the auditorium.
Funeral Home One (1) parking space for each four (4) seats in the chapel or
parlor.
Retail use not otherwise listed One (1) parking space for each 100 square
feet of gross floor area.
Wholesale One (1) parking space for each employee on the largest shift.
Warehouse One (1) parking space for each employee on the largest shift plus
one (1) space for each 150 square feet of selling space.
Shopping Center One (1) parking space for each 150 square feet of gross
floor area.
Retail Food Store One (1) parking space for each 150 square feet of gross
floor area.
Department Store One (1) parking space for each 150 square feet of gross
floor area.
Single-family dwelling Two (2) parking spaces per unit.
Multi-family dwelling Two (2) parking spaces per dwelling unit.
Rooming or Boarding House One (1) parking space for each two (2) rooms to be
rented.
Tourist home, motel, motor court One (1) parking space for each room to be
rented plus one (1) additional parking space for each two (2) employees.
Hotels One (1) parking space for each four (4) rooms to be rented plus one
(1) additional parking space for each two (2) employees.
Professional office or home occupation One (1) parking space for each
employee plus two (2) extra spaces for patients or clients.
Hospitals One (1) parking space for each two (2) beds intended for patient
use, plus one (1) parking space for each employee.
Clinic Three (3) parking spaces for each doctor plus one (1) parking space
for each employee.
Nursing Home One (1) parking space for each five (5) beds intended for
patient use.
Church One (1) parking space for each four (4) seats in the sanctuary.
Elementary School and Junior High One (1) parking space for each classroom
and administrative office, plus one (1) space for each school bus.
Senior High School One (1) parking space for each twenty (20) students for
which the building was designed, plus one (1) parking space for each
classroom and administrative office, plus one (1) parking space for each
school bus.
Beauty and Barber Shops One (1) parking space for each service chair plus
one (1) additional parking space for each employee.
Eating and Drinking Establishments One (1) parking space for each four (4)
seats at tables, one (1) parking space for each two (2) seats at counters or
bars, plus one (1) parking space for each two (2) employees.
Professional Offices in Professional District One (1) parking space per
employee. Also, one (1) parking space for each 200 gross feet of floor area.
8.6 Mobile Home and Travel Trailer Parking and Storing
It shall be unlawful to park or otherwise store for any purpose whatsoever
any mobile home or travel trailer within the Town of St. Pauls lying within
its zoning jurisdiction except as follows:
1. At a safe, lawful, and non-obstructive location on a street, alley,
highway, or other public place, provided that the trailer or mobile home
shall not be parked overnight.
2. Within a mobile home park, provided however, the mobile home shall either
have a North Carolina or a HUD Label of Compliance permanently attached
thereto.
3. On any other lot or plot provided that:
(1) A storing permit for any mobile home to be parked or stored for longer
than ten (10) days shall be obtained from the Building Inspector.
(2) The mobile home shall be parked outside of any authorized mobile home
park only for the purposes of storing the vehicle itself, and no facilities
of such mobile home shall be used for any purposes of storage or of human or
animal occupancy whatsoever, nor any business conducted therein except as
provided in Section 3.6.
(3) The lot is located in a R-8 residential zoning district in which case
the mobile home may be used as a dwelling.
(4) Travel trailers, as defined in Section 2, may be stored providing no
facilities of such travel trailer may be used for human or animal occupancy
and providing as follows: House and camping trailers shall be stored in a
garage or carport or in the rear or side yard. Pick-up coach and motor homes
may be parked in the driveway as well, but in no other portion of the
required front yard.
4. This section shall not be construed to prohibit the parking and/or
storing for the purpose of sale of any mobile home or trailer by any owner
or licensed dealer upon any lot, piece, or parcel of land upon which the
sale of such vehicle is permitted and/or licensed under the codes and
ordinances of the Town, provided that no living quarters be maintained in
any of the travel trailers or mobile homes so parked.
8.7 Inoperative Vehicles
Residential Districts: No inoperative vehicle shall be permitted to be
parked or stored longer than twenty-four (24) hours.
Business Districts: Inoperative vehicle shall be permitted to be parked or
stored while undergoing repairs in the CB (Central Business), NB
(Neighborhood Business), HB (Highway Business), P (Professional), and HSP
(Hospitality) Districts, if permission is granted by the Chief of Police.
SECTION 9. OFF-STREET LOADING SPACE
Where off-street loading space is required under the functional requirements
of a particular activity, one or more loading berths or other spaces shall
be provided for standing, loading and unloading operations either inside or
outside a building and on the same or adjoining premises with every building
or structure erected after the enactment of this Ordinance. A loading berth
shall have the following minimum dimensions; width fifteen (15) feet; length
eighty (80) feet; and overhead clearance fifteen (15) feet. A loading space
need not be necessarily a full berth but shall be sufficient to allow normal
loading operations of a kind and magnitude appropriate to the property
served thereby. In no case shall the use of such space hinder the free
movement of vehicles and pedestrians over a street, sidewalk, or alley.
SECTION 10. NON-CONFORMING USES
Upon the effective date of this Ordinance, and any amendment thereto,
existing and lawful uses of any building or land which do not meet the
minimum requirements of this Ordinance for the district in which they are
located or which would be prohibited as new development in the district in
which they are located shall be considered as non-conforming uses to
continue until they are removed, discontinued, or destroyed, but not to
encourage such continued use, and to prohibit the expansion of any
non-conformance.
10.1 Non-Conforming Use of Buildings
The non-conforming use of a building may be extended throughout the building
provided no structural alterations, except those required by law or
ordinance or ordered by an authorized officer to secure the safety of the
building, are made therein but no such use shall be extended to occupy any
land outside such building. If such non-conforming use of such building is
discontinued for a continuous period exceeding 120 days, every future use of
such premises shall be in conformity with the provisions of this Ordinance;
provided that this provision shall not apply to any non-conforming
commercial or industrial use which normally operates less than ninety (90)
calendar days in any given calendar year; provided, further, that this
provision shall not prevent the restoration of a non-conforming use which
has been destroyed to the extent of not more than fifty (50) percent of its
replacement value, but only if such building is restored within one (1) year
of the date of its destruction. The non-conforming use which normally
operates less than ninety (90) calendar days in any given year, i.e., a
seasonal operation, shall not be continued after one season has passed
without operation.
10.2 Non-Conforming Use of Land
The non-conforming use of land shall not be enlarged or increased, nor shall
any non-conforming use be extended to occupy a greater area of land than
that occupied by such use at the time of the passage of this Ordinance. If
any non-conforming use of land, other than for location of a mobile home, is
discontinued for a continuous period exceeding 120 days, any future use of
said land shall be in conformity with the provisions of this Ordinance. If
the non-conforming use of land for location of a mobile home is
discontinued, either by destruction of the mobile home or by removal
thereof, any further use of said land shall be in conformity with the
provisions of this Ordinance.
SECTION 11. CONDITIONAL USES
11.1 Purposes
The development and execution of this Ordinance is based on the division of
the Town and its zoning jurisdiction into districts within which the use of
land and buildings and the bulk and location of buildings and structures in
relation to the land are substantially uniform. It is recognized, however,
that there are some land uses which are basically in keeping with the intent
and purposes of the district where permitted, but which may have an impact
on the area around them which can only be determined b review of the
specific proposal. These uses may be established, under certain conditions
and with proper controls, in such a manner as to minimize any adverse
effects. In order to insure that these uses, in their proposed locations,
would be compatible with surrounding development and in keeping with the
purposes of the district shall not be as a matter of right, but only after
review and approval of a Conditional Use Permit as hereinafter provided.
11.2 Application and Fees
Applications for Conditional Use Permits, signed by the applicant, shall be
addressed to the St. Pauls Board of Commissioners. A fee for such
application shall be paid at the time of application according to the
schedule of fees adopted by the Town Board.
Each application shall contain or be accompanied by such legal descriptions,
maps, plans and other information so as to completely describe the proposed
use and existing conditions.
11.3 Procedure for Reviewing Conditional Use Applications
The conditional uses, as specified in the various districts may be
established only after approval by the Board of Commissioners of the Town of
St. Pauls.
The Town Board of Commissioners shall hold a public hearing on the
application for a Conditional Use Permit to be held within sixty (60) days
after the application is filed. The Board shall cause notice of the hearing
to be published once a week for two (2) successive calendar weeks. The
notice shall be published for the first time not less than fifteen (15) nor
more than twenty-five (25) days before the date fixed for the hearing.
The Planning Board shall review the application prior to the public hearing
and shall present its recommendations to the Board of Commissioners at the
public hearing. The Planning Board may revise its recommendations following
the public hearing and present such revised recommendations to the Board of
Commissioners before action is taken by that Board. The Town Board shall
approve, modify, or deny the application for Conditional Use Permit
following the Board, with due regard to the nature and state of all adjacent
structures, uses and the district within which same is located, shall make
written findings that the following are fulfilled:
1. The use requested is listed among the conditional uses in the district
for which application is made; or is similar in character to those listed in
that district.
2. The requested use will not impair the integrity or character of the
surrounding or adjoining district, nor adversely affect the safety, health,
morals, or welfare of the community or of the immediate neighbors of the
property.
3. The requested use is essential or desirable to the public convenience or
welfare.
4. The requested use will be in conformity with the Land Use Plan.
5. Adequate utilities, access roads, drainage, sanitation and/or other
necessary facilities have been or are being provided.
6. That adequate measures have been or will be taken to provide ingress and
egress so designed as to minimize traffic congestion in the public streets.
7. That the conditional use shall, in all other respects, conform to the
application regulations of the district in which it is located.
11.4 General Provisions Concerning Conditional Use Permits
1. Compliance with Other Codes. Granting of a Conditional Use Permit does
not exempt the applicant from complying with all of the requirements of
building codes and other ordinances.
2. Revocation. In any case where the conditions of a Conditional Use Permit
have not been or are not being complied with, the Building Inspector shall
give the permittee notice of intention to revoke such permit at least ten
(10) days prior to a Board of Commissioners review thereof. After conclusion
of the review, the Town Board may revoke such permit.
3. Expiration. In any case where a Conditional Use Permit has not been
exercised within the time limit set by the Town Board or within one (1) year
if no specific time limit has been set, then without further action, the
permit shall be null and void. “Exercised” as set forth in this Section
shall mean that binding contracts for the construction of the main building
have been let; or in the absence of contracts that the main building is
under construction to a substantial degree; or that prerequisite conditions
involving substantial investment are contracted for, in substantial
development, or completed (sewerage, drainage, etc.). When construction is
not a part of the use, “exercised” shall mean that the use is in operation
in compliance with the conditions set forth in the permit.
4. Duration of Conditional Use. Any conditions imposed on a conditional use
authorized and exercised shall be perpetually binding upon the property
unless expressly limited by the Conditional Use Permit or subsequently
changed or amended by the Town Board after a public hearing.
5. Conditions and Guarantees. Prior to the granting of any conditional use
the Town Board may stipulate such conditions and restrictions upon the
establishment, location, reconstruction, maintenance and operation of the
conditional use as it deems necessary for the protection of the public
interest and to secure compliance with the standards and requirements
specified in this Ordinance. In all cases in which conditional uses are
granted, the Town Board shall require such evidence and guarantees as it may
deem necessary as proof that the conditions stipulated in connection
therewith are being and will be complied with.
(1) Such conditions may include a time limitation.
(2) Conditions may be imposed which require that one or more things be done
before the use requested can be initiated. For example, “that a solid board
fence be erected around the site to a height of six (6) feet before the use
requested is initiated”.
(3) Conditions of a continuing nature may be imposed. For example, “exterior
loud speakers shall not be used between the hours of 10:00 p.m. and 9:00
a.m.”.
SECTION 12. PLANNED UNIT DEVELOPMENTS
Planned developments are of such substantially different character from
other conditional uses that specific and additional standards and exceptions
are hereby established to guide the recommendations of the Planning Board
and the action of the Board of Commissioners.
12.1 Purposes
Some specific purposes of the planned development procedure are:
1. Residential Planned Unit Development - To offer recreational
opportunities close to home, to enhance the appearance of neighborhoods by
the conservation of streams and local spots of beauty, to add to the sense
of spaciousness through the preservation of natural green spaces, to
counteract the effects of urban monotony and congestion in the streets, to
encourage cooperative relationships between neighbors and participation by
all age groups in the use and care of local open space tracts in new
residential subdivisions, to promote harmonious architecture between
adjacent dwellings or institutional buildings and to encourage the placement
of structures in proper relationship to the natural characteristics of the
site.
2. Business Planned Unit Development - To promote the cooperative
development of business centers each with adequate off-street parking, to
control access points on thoroughfares, to separate pedestrian and
automobile traffic, to aid in stabilizing property values, to develop
centers of size and location compatible with the market potential, to buffer
adjacent residential areas with landscaped green spaces and to encourage
harmonious architectural treatment of adjacent commercial structures and
compatibility between homes and commercial structures.
12.2 Required Information
The developer shall be required to submit the following information and any
other information that may be required by the Planning Board or the Board of
Commissioners.
1. A site plan drawn to a scale of at least 400 feet to an inch indicating
the arrangement and tentative location of buildings, uses permitted, land to
be preserved as permanent common open space, parking and loading spaces and
other special features of the development plan. Such site plan shall also
show in detail the sizes and location of all utilities (water and sewer
lines) in conformance with and having the approval of the Administration of
the Town of St. Pauls. The plan shall also show all necessary drainage
systems for the development and for the protection of adjoining properties.
2. A draft of the proposed protective covenants whereby the owner proposes
to regulate land-use and otherwise protect the proposed development.
3. A draft of any proposed incorporation agreement and a draft of any
by-laws or easement declarations concerning maintenance of recreational and
other common facilities.
12.3 Use Exceptions
The Planning Board may recommend and the Board of Commissioners may
authorize that there be in part of the area of such development, and for the
duration of such development, specified uses not permitted by the use
regulations of the district in which said development is located, provided
that the Planning Board and Board of Commissioners shall find:
1. That the uses permitted by such exception are not of such a nature or so
located as to exercise a detrimental influence on the surrounding
neighborhood.
2. That not more than thirty (30) percent of the ground area nor more than
fifty (50) percent of the gross floor area of such development shall be
devoted to the use permitted by said exception.
3. That if the sign regulations of this Ordinance are too restrictive for
such a planned unit development, in which case specific exceptions, both as
to type and degree, shall be set down in writing as conditions to the
conditional use.
12.4 Bulk Regulations
In the case of any planned unit development, the Planning Board may
recommend and the Town Board may authorize exceptions to the applicable bulk
regulations of this Ordinance within the boundaries of such development,
provided that the Planning Board and Town Board shall find:
1. That such exception shall be solely for the purpose of promoting an
integrated site plan no less beneficial to the residents or occupants of
such development as well as the neighboring property, than would be obtained
under the bulk regulations of this Ordinance for buildings developed on
separate zoning lots.
2. That spacing between principal buildings shall be at least equivalent to
such spacing as would be required between buildings similarly developed
under the terms of this Ordinance on separate zoning lots: It does not apply
in corner-to-corner placement of buildings where perpendicular wall
exposures do not overlap, due consideration being given to the openness
normally afforded by intervening streets and alleys.
3. That along the periphery of such planned unit developments, yards shall
be provided as required by the regulations of the district in which said
development is located.
4. That in a residential planned unit development the maximum number of
dwelling units permitted shall be determined by dividing the net development
area by the minimum lot area required by the district or districts in which
the area is located, and then increasing this number by fifteen (15)
percent. Net development area shall be determined by subtracting the area
set aside for nonresidential uses from the gross development area and
deducting ten (10) percent of the remainder for streets regardless of the
amount of land actually required for streets. The area of land set aside for
common open or recreational use may be included in determining the number of
dwelling units permitted.
12.5 Designation of Permanent Common Open Space
No plan for a planned unit development shall be approved unless such plan
provides for permanent open space equivalent to twenty (20) percent of the
total area in single-family residential planned unit developments, thirty
(30) percent in multiple-family planned unit developments and five (5)
percent in business planned unit developments.
SECTION 13. MOBILE HOME PARK REQUIREMENTS
Mobile home parks are permitted as a conditional use only, and may be
developed following approval of an application for a conditional use permit.
The following conditions must be met before approval of a conditional use
permit for a mobile home park:
13.1 Mobile Home Park Requirements
1. Area. The area of the mobile home park shall be a minimum of two acres,
and the park shall have a minimum of five (5) mobile home spaces available
at first occupancy.
2. Density. Each mobile home shall be on a plot at least 5,000 square feet
in area, have a width of at least 50 feet and a depth of at least 100 feet.
3. Utilities. The mobile home park and all occupied units located in it must
be connected to the municipal water and sewerage systems or other systems
approved by the Robeson County Health Department or the NC Department of
Human Resources and the NC Department of Natural Resources and Community
Development, Division of Environmental Management.
4. Access and Parking. Paved, privately maintained, roadways must be
provided for access to individual units and other facilities located within
the park. Required parking spaces are not required to be paved.
5. Other Permitted Uses. Service buildings, recreation buildings, and other
areas or structures providing laundry, sanitation, and managerial facilities
are permitted subject to approval of the Board of Commissioners. Such
facilities shall serve only the park in which it is located. No such
facility shall have direct access to a public street but shall be served by
the privately maintained roadway.
6. Buffers. A densely planted buffer strip of continuous evergreen
composition not less than six feet in height or less than three feet in
width shall be provided along all rear and side property lines of the park.
13.2 Mobile Home Space Requirements
Mobile home units shall be located only in spaces which meet the following
requirements:
1. Access. Each space shall have access to an interior roadway with a paved
width of at least eighteen (18) feet. No space shall have direct access to a
public street.
2. Clearance. Each space shall be designed so that at least thirty (30) feet
clearance will be maintained between units and other structures within the
park.
3. Setbacks. Mobile home units shall be located so that a fifteen (15) foot
setback is maintained from the center line of the private interior roadway.
4. Utilities. Each space shall have hook-up facilities for water, sewer,
electricity, and telephone services. All occupied mobile home units shall
have and use approved sanitary facilities within the mobile home unit.
5. Parking. At least one and one half parking spaces shall be located on or
adjacent to each mobile home plot.
13.3 Additional Requirements
1. Recreational Areas. When a mobile home park shall contain at least twenty
(20) lots, a recreation area will be developed and maintained that shall
include not less than eight (8) percent of the total park area. The minimum
size of any recreation area shall be 2,500 square feet. Lakes, ponds,
rivers, streams, swamps, and marsh lands shall not be considered as meeting,
in part or in whole, the recreation area requirements of this section.
2. Tie Down and Anchoring Requirements. Mobile homes shall be securely
anchored to the ground by means of a tie down system. When the mobile home
is factory equipped with a tie down system designed by a registered
architect or engineer, then the owner is to use the manufacturer’s set of
instructions as the standard of proper tie-down procedures. If no such set
of instructions is available or if the system has not been designed by a
licensed architect or engineer, then the Building Inspector is to enforce
standards listed in the “State of North Carolina Regulations for Mobile
Homes” booklet published by the North Carolina Department of Insurance.
3. Storage Building. Each mobile home lot may be equipped with a storage
building not to exceed ten feet by ten feet (10' x 10') provided that all
such buildings are located adjacent to the rear lot line.
4. Storage of Possessions. Storage of possessions and equipment in the area
beneath a mobile home shall be prohibited.
5. Underpinning. The space under each mobile home shall be properly
underpinned