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					                          TABLE
                       OF CONTENTS
Chapter                                                          Page

1    General Provisions……...……….….…...……….……….....……………........ 1-1
2    Zoning Districts…….……………………………………..……………………… 2-1
3    Special Requirements.……………………….…………..….………...……...... 3-1
4    Overlay Districts………………………………………..………………………… 4-1
5    Landscaping, Bufferyards, & Shading………………..…….………………….. 5-1
6    Environmental Protection……………………………………………………….. 6-1
7    Signs………………………………………...……………..……………………… 7-1
8    Parking.………………..……………………………..…………………………… 8-1
9    Infrastructure………………..………………………….………………………… 9-1
10   Subdivision Requirements……...……………………..……………………….. 10-1
11   Permit & Site Plan Requirements…...……………..…………………………... 11-1
12   Map & Text Amendments……….………………….…………………………… 12-1
13   Board of Adjustment…….…………………………….…………………………. 13-1
14   Planning Board & Board of Commissioners….....…………………………….. 14-1
15   Administration………………………………………..…………………………... 15-1
16   Nonconformities………………….……………………...……………………….. 16-1
17   Definitions…………………………………………………………………………. 17-1




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                Currituck County Unified Development Ordinance
                   CHAPTER 1:
                GENERAL PROVISIONS
Section                                                           Page

1.1    Purpose & Authority…………………………………….……………………….. 1-2

1.2    Title………………………………………………………………………………… 1-2

1.3    Applicability……………………………………………………………………….. 1-2

1.4    Conflict with Other Laws………………………………..……………………….. 1-3

1.5    Effective Date……………………………………………..……………………… 1-4

1.6    Official Zoning Map………………………………………..…………………….. 1-4

1.7    Relationship to Land Use Plan………………………………..………………... 1-5

1.8    Conformity with Ordinance…………………………………….………………... 1-6

1.9    Fees…………………………………………………………………………..…… 1-6

1.10   Computation of Time……………………………………………………............. 1-6

1.11   Fractional Requirements...……………………………………………............... 1-7

1.12   Delegation of Authority……………………………………………….……......... 1-7

1.13   Use of Words………………………………………………………….……......... 1-7

1.14   Severability…………………………………………………………..…………… 1-7

1.15   Incorporation of Planning Documents…...………………………..…………… 1-7




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                Currituck County Unified Development Ordinance
CHAPTER 1: GENERAL PROVISIONS

Section 1.1 Purpose & Authority

A.   In accordance with G.S. 153A-340 (Zoning) the purpose of this ordinance is to
     promote health, safety, morals and the general welfare. This ordinance is adopted
     pursuant to the authority contained in North Carolina General Statutes Chapter 153A,
     Article 18 (Planning and Regulation of Development); and Chapter 113A, Article 4
     (Sedimentation Pollution Control). See Chapter 6 for Statutory Authorization for
     floodplain management regulations for participation in the National Flood Insurance
     Program.

B.   Whenever any provision of this ordinance refers to or cites a section of the North
     Carolina General Statutes and that section is later amended or superseded, this
     ordinance shall be deemed amended to refer to the amended sections(s) of the North
     Carolina General Statutes or the section(s) that most nearly corresponds to the
     superseded Sections(s) of the North Carolina General Statutes.

C.   These regulations are made in accordance with a land use plan and designed to
     lessen congestion in the streets, to secure safety from fire, panic and other dangers;
     to prevent the overcrowding of land, to avoid undue concentration of population; and,
     to facilitate the adequate provision of transportation, water, sewage, schools, parks
     and other public requirements, to promote desirable living conditions and the
     sustained stability of neighborhoods, to protect property against blight and
     depreciation, and to promote aesthetic quality of the community.

D.   See Chapter 6 of this ordinance for effective date details regarding language for
     regulating development in the special flood hazard areas, as required for participation
     in the National Flood Insurance Program.


Section 1.2 Title
This ordinance shall be known and may be cited as the "Currituck County Unified
Development Ordinance" and the map adopted herein, which is identified by the title
"Currituck County Zoning Map".


Section 1.3 Applicability

1.3.1 Affected Territory
This ordinance shall apply to all lands within the County of Currituck borders.

1.3.2 Bona Fide Farms Exempt

A.   The provisions of this ordinance shall not apply to bona fide farms, except that a farm
     property used for non-farm purposes shall not be exempt from regulation; and the
     floodplain management provisions of Chapter 6 of this ordinance, regulating
     development in the special flood hazard areas, as required for participation in the

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                   Currituck County Unified Development Ordinance
                                                    CHAPTER 1: GENERAL PROVISIONS

     National Flood Insurance Program, shall apply to all development including bona fide
     farms located within special flood hazard areas of Currituck County.

B.   For purposes of this ordinance, a bona fide farm is any tract or tracts of land, one of
     which must contain at least ten acres, which meets the following criteria:

     1.   On such property an owner or leasee is actively engaged in a substantial way in
          the commercial production or growing of crops, plants, livestock, or poultry;
          and,

     2.   Such property has produced or yielded, during each of the three immediately
          preceding years, a gross income from the above-described commercial
          production or growing of crops, plants, livestock, or poultry (including payments
          received under Soil Conservation or Land Retirement Programs, but not land
          rents paid to a non-resident owner) of at least $1,000.

C.   Uses exempted from regulation except in accordance with Chapter 6 Floodplain
     Administration regulations shall include any dwelling which is or will be the permanent
     residence of the owner or owner-occupant of the farm, the permanent residence of
     the son, daughter, mother, father, grandfather, or grandmother of the owner or the
     permanent residence of the individual and his/her family where the individual earns at
     least 75 percent of his/her income from employment on the farm.

1.3.3 Relationship to Previously Adopted Provisions
To the extent that the provisions of this ordinance are the same in substance as the
previously adopted provisions that they replace in the County's Zoning, Subdivision, or
Flood Damage Prevention Ordinances, they shall be considered as continuations thereof
and not as new enactments unless otherwise specifically provided. In particular, a
situation that did not constitute a lawful nonconforming situation under the previously
adopted zoning ordinance does not achieve lawful nonconforming status under this
ordinance merely by the repeal of the zoning ordinance.


Section 1.4 Conflict with Other Laws

A.   When regulations made under authority of this ordinance require a greater width or
     size of yards or courts, or require a lower height of a building or fewer number or
     stories, or require a greater percentage of a lot to be left unoccupied, or impose other
     higher standards than are required in any other statute or local ordinance or
     regulation, the regulations made under authority of this ordinance shall govern.

B.   In the event this ordinance conflicts with other provisions of local, state or federal law,
     that law which provides the greatest protection to environment and natural features
     shall govern. Where that intent is not clear from a superficial reading of the
     ordinance and laws, that law or ordinance which is most restrictive shall apply.



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                    Currituck County Unified Development Ordinance
CHAPTER 1: GENERAL PROVISIONS




Section 1.5 Effective Date

A.   The provisions in this ordinance are hereby adopted and effective on September 4,
     2007. Upon such date, these regulations shall supersede, repeal, and replace the
     previous “Currituck County Unified Development Ordinance” as adopted on
     November 16, 1992 and amended through June 2007.

B.   Any subdivision or planned unit development having been given a minimum of sketch
     plan approval from the Planning Board prior to April 2, 1989 and which has
     preliminary plat approval for one or more sections and made improvements costing
     more than five percent of the total project costs shall be subject to the subdivision
     and planned unit development design standards in effect as of January 1, 1989. This
     provision shall not apply to sections of those subdivisions or planned unit
     developments reserved as future development sites where no lot lines are shown. In
     addition, development occurring on lots within subdivisions and planned unit
     developments subject to January 1, 1989 subdivision design standards, shall be in
     accordance with the provisions of these regulations. In areas where multifamily
     housing and hotel development was designated but no building layout was shown,
     the density as indicated on the most recently approved plat shall be allowed provided
     the developer meets current standards to the greatest extent possible.

C.   Any subdivision having been given sketch plan approval prior to April 2, 1989 which
     has not obtained preliminary plat approval for one or more sections and made
     improvements costing more than five percent of the total project costs shall be
     deemed void except as provided by law (vested rights).

D.   See Section 6.2 for effective date details regarding language for regulating
     development in the special flood hazard areas, as required for participation in the
     National Flood Insurance Program.


Section 1.6 Official Zoning Map

1.6.1 Establishment
The location and boundaries of zoning districts established by this ordinance are shown on
a geographic coverage layer entitled “Zoning” that is maintained as part of the County’s
geographic information system (GIS) under the direction of the Planning Director. This
“Zoning” geographic coverage layer constitutes Currituck County’s official zoning map, and
is as much a part of the ordinance as if actually depicted within the pages of this
ordinance. The Planning Director must direct revisions to the official zoning map to reflect
its amendment as soon as possible after the effective date of zoning map amendments.
No unauthorized person may alter or modify the official zoning map. The Planning
Director may authorize printed copies of the official zoning map to be produced, and must

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                   Currituck County Unified Development Ordinance
                                                 CHAPTER 1: GENERAL PROVISIONS

maintain digital or printed copies of superseded versions of the official zoning map for
historical reference.


1.6.2 Map Interpretation

A.   Where uncertainty exists as to the boundaries of districts as shown on the official
     zoning map the following rules shall apply:

     1.   Boundaries indicated as approximately following the centerlines of alleys,
          streets, highways, streams, or railroads shall be construed to follow such
          centerlines;

     2.   Boundaries indicated as approximately parallel to the centerlines of streets or
          other rights-of-way shall be construed as being parallel thereto and at such
          distance there from or as indicated on the zoning map;

     3.   Boundaries indicated as approximately following lot lines, city limits or
          extraterritorial boundary lines, shall be construed as following such lines,
          limits or boundaries;

     4.   Boundaries indicated as following shorelines shall be construed to follow such
          shorelines, and in the event of change in the shoreline shall be construed as
          following such shorelines;

     5.   Where a district boundary divides a lot or where distances are not specifically
          indicated on the official zoning map, the boundary shall be determined by
          measurement, using the scale of the official zoning map; and,

     6.   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.

B.   Interpretations of the location of floodway and floodplain boundary lines may be
     made by the Administrator as provided in Chapter 6, Environmental Protection.


Section 1.7 Relationship to the Land Use Plan
It is the intention of the Board of Commissioners that this ordinance implement the
planning policies adopted by the board for the county as reflected in the land use plan
and other planning documents. While the Board reaffirms its commitment that this
ordinance and any amendment to it be in conformity with adopted planning policies, the
board hereby expresses its intent that neither this ordinance nor any amendment to it
may be challenged on the basis of any alleged nonconformity with any planning
document, except to the extent that consistency between the plan and ordinances that

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                   Currituck County Unified Development Ordinance
CHAPTER 1: GENERAL PROVISIONS

affect areas of environmental concern is required by NCGS 113A-111(Effect of Land
Use Plan).


Section 1.8 Conformity with the Ordinance

 A. No person may use, occupy, or sell any land or buildings or authorize or permit the
    use, occupancy, or sale of land or buildings under his control except in accordance
    with all of the applicable provisions of this ordinance except in nonconforming
    situations as described in Chapter 16 of this ordinance. For purposes of this section,
    the "use" or "occupancy" of a building or land relates to anything and everything that
    is done to, on, or in that building or land.

B.   No building, land or portion thereof shall be erected, used, moved, or altered
     except in conformity with the regulations specified for the district in which it is
     located.

C.   No lot existing upon adoption of this ordinance shall be reduced in size or area
     below the minimum requirements of the regulating district. Yards or lots created
     after the effective date of this ordinance shall meet the minimum requirements
     established by this ordinance.


Section 1.9 Fees
Reasonable fees sufficient to cover the costs of administration, inspection, publication of
notice and similar matters may be charged to applicants for zoning permits, sign
permits, conditional use permits, special use permits, floodplain development permits,
subdivision plat approval, zoning amendments, variances, and other administrative
relief. The amount of the fees charged shall be as set forth in the county's budget or as
established by resolution of the Board of Commissioners filed in the office of the County
Manager and shall be paid upon submission of a signed application or notice of appeal.


Section 1.10 Computation of Time

A.   Subject to Subsection (C) below, the time within which an act is to be done shall be
     computed by excluding the first and including the last day. If the last day is a
     Saturday, Sunday, or legal holiday, that day shall be excluded. When the period of
     time prescribed is less than seven days, intermediate Saturdays, Sundays, and
     holidays shall be excluded.

B.   Whenever a person has the right or is required to do some act within a prescribed
     period after the service of a notice or other paper upon him and the notice or paper
     is served by mail, three days shall be added to the prescribed period.




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                   Currituck County Unified Development Ordinance
                                                   CHAPTER 1: GENERAL PROVISIONS

C.   Whenever the administrator or other person is required to take certain action (e.g.,
     mailing or publishing a notice) on or before a specified number of days prior to the
     occurrence of an event (e.g., a public hearing), then in computing such period, the
     day of the event shall not be included but the day of the action shall be included. For
     example, if notice of a public hearing is required to be published at least ten days
     before the hearing, then notice published on the first of the month would be
     satisfactory for a hearing on the eleventh. The provisions of Subsection (A) above
     shall not apply to this subsection.


Section 1.11 Fractional Requirements
When any requirement of this ordinance results in a fraction of a unit, the fraction shall
be disregarded.


Section 1.12 Delegation of Authority
Whenever a provision appears requiring the head of a department, administrator, or
another officer or employee of the county to perform an act or duty, that provision will be
construed as authorizing the department head or officer to delegate that responsibility to
others over whom he has authority. Delegation of authority is not allowed when the
provisions of this ordinance expressly prohibit such delegation.


Section 1.13 Use of Words

A.   As used in this ordinance, words importing the masculine gender include the
     feminine and neuter.

B.   Words used in the singular in this ordinance include the plural and words used in
     the plural include the singular.


Section 1.14 Severability
The sections, paragraphs, sentences, clauses, and phrases of this ordinance are
severable, and if any such section, paragraph, sentence, clause, or phrase is declared
unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid
judgment or decree, such unconstitutionality or invalidity shall not affect any of the
remaining sections, paragraphs, sentences, clauses, or phrases of this ordinance since
the same would have been enacted without the incorporation into this ordinance of such
unconstitutional or invalid section, paragraph, sentence, clause or phrase.


Section 1.15 Incorporation of Planning Documents (PB 08-44, 11-3-08) (PB 09-21, 7-20-09)
The following manuals or plans have been adopted by resolution of the Board of
Commissioners and are incorporated herein by reference. While the Board of
Commissioners affirms its commitment that this ordinance be in conformity with any

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                   Currituck County Unified Development Ordinance
CHAPTER 1: GENERAL PROVISIONS

adopted manual or plan, the board hereby expresses its intent that neither this
ordinance nor any amendment to it, or any future action taken by the board, may be
challenged on the basis of any alleged nonconformity or inconsistency with any
planning document referenced in this section.

A.   Development Review Process Manual

B.   Maple-Barco Small Area Plan




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                 Currituck County Unified Development Ordinance
                   CHAPTER 2:
                 ZONING DISTRICTS
Section                                                        Page

2.1   Purpose …………………………………………………………………………...2-2

2.2   Base Zoning Districts …………………………………………………………….2-3

2.3   Conditional Zoning……………………………………………………………….. 2-5

2.4   Permitted Uses…………...…………………………………………………….… 2-8

2.5   Permitted Uses Table……………………………………………………………..2-11

2.6   General Lot Provisions……………………………………………………………2-18

2.7   Dimensional Requirements………………………………………………………2-23

2.8   Accessory Structure Setbacks………………………………………….………..2-27




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              Currituck County Unified Development Ordinance
CHAPTER 2: ZONING DISTRICTS


Section 2.1 Purpose & Interpretation

2.1.1 Purpose
In accordance with NCGS 153A-342, the county, as shown on the zoning map
accompanying this ordinance, is hereby divided into zoning districts which shall be
governed by all of the uniform use and dimensional requirements of this ordinance. The
purposes of establishing the following zoning districts are:

A.   To implement adopted plans;

B.   To promote public health, safety, and general welfare;

C.   To provide for orderly growth and development;

D.   To provide for the efficient use of resources;

E.   To facilitate the adequate provision of services.

2.1.2 Interpretation
Each zoning district has uses permitted by right, uses permitted with special
requirements, conditional uses, and special uses. Tables are shown for each district
placing uses under one of the four categories. In addition to the individual district
tables, is a detailed Permitted Uses Table showing the uses allowed in each district.
The following describes the processes of each of the three categories that the uses are
subject to:

A.   Permitted by Right: Administrative review and approval subject to district
     provisions and other applicable requirements only.

B.   Permitted with Special Requirements: Administrative review and approval subject
     to district provisions, other applicable requirements, and special requirements
     outlined in Chapter 3.

C.   Permit with Conditional Use Permit: Administrative review and recommendation,
     Board of Adjustment review and approval of conditional use permit subject to
     district provisions, other applicable requirements, and conditions of approval.
     Some conditional uses may also be subject to special requirements outlined in
     Chapter 3.

D.   Permitted with Special Use Permit: Administrative review and recommendation,
     Planning Board review and recommendation, Board of Commissioners review and
     approval of special use permit subject to district provisions, other applicable
     requirements, and conditions of approval. Some special uses may also be subject
     to special requirements outlined in Chapter 4.



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                   Currituck County Unified Development Ordinance
                                                       CHAPTER 2: ZONING DISTRICTS

2.1.3 Other Requirements
In addition to zoning district regulations see the following sections for other
requirements:

See Chapter 3 for Special Requirements for specific uses.
See Chapter 4 for Overlay District Requirements.
See Chapter 5 for specifications on Landscaping and Buffering.
See Chapter 6 for specifications on Environmental Protection.
See Chapter 7 for specifications on Signs.
See Chapter 8 for specifications on Parking and Loading.
See Chapter 9 for specifications on Infrastructure.
See Chapter 10 for specifications on Subdivisions & Open Space.
See Chapter 11 for specifications on Permits.


Section 2.2 Base Zoning Districts
Base zoning districts are created to provide comprehensive land use regulations
throughout Currituck County. There are 11 base zoning districts that provide for a
variety of uses that are appropriate to the character of the areas in which they are
located. For the purpose of this ordinance, Currituck County is hereby divided into the
following base zoning districts. These districts shall comply with all of the general and
specific requirements of this ordinance.

A:     Agricultural District
RA:    Mixed Residential District
R:     Basic Residential District
RO1:   Outer Banks Standard Residential District
RO2:   Outer Banks Limited Access Residential District
RR:    Residential Recreational District
GB:    General Business District
C:     Commercial District
LBH:   Limited Business Hotels Allowed District
LM:    Light Manufacturing District
HM:    Heavy Manufacturing District

2.2.1 Reserved
This section is reserved for future use.

2.2.2 Residential Districts Established
Each of these districts is designed and intended to secure for the persons who reside
there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered
from incompatible and disruptive activities:

A.   Agricultural (A) District: The Agricultural (A) district is designed to secure the
     agricultural integrity of the areas so classified. The uses encouraged in this district
     are agricultural or related to and dependent on agriculture. This district also

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                    Currituck County Unified Development Ordinance
CHAPTER 2: ZONING DISTRICTS

     includes vacant lands whose soils are unsuitable for development with septic
     systems.

B.   Mixed Residential (RA) District: The Mixed Residential (RA) district is designed to
     provide for mixed residential development on the mainland including site built,
     modular, double-wide, and (in existing mobile home subdivisions and mobile home
     parks) single-wide mobile homes. This district is intended to provide moderate
     cost housing options for residents and restrict the encroachment of mixed
     residential types in other districts and the encroachment of incompatible business
     uses (farm related or other) in established residential areas.

C.   Basic Residential (R) District: The Basic Residential (R) district is designed to
     provide for low-density residential development on the mainland in areas that do
     not intrude into areas primarily devoted to agriculture.

D.   Outer Banks Standard Residential (RO1) District: The Outer Banks Standard
     Residential (RO1) district is designed to accommodate residential development
     (other than mobile homes) within the portion of the Currituck Outer Banks that is
     accessible by a state maintained road.

E.   Outer Banks Limited Access Residential (RO2) District: The Outer Banks Limited
     Access Residential (RO2) district is designed to accommodate low density
     residential development (other than mobile homes) within the portion of the
     Currituck Outer Banks that is not accessible by a state maintained road.

F.   Residential/Recreational (RR) District: The Residential/Recreational (RR) district is
     designed to provide for some existing campgrounds and camper subdivisions and
     is retained for the purpose of regulating these existing uses. It is not intended that
     this district be expanded except in cases where:

     1.   An existing property containing an RR designation is split by zoning lines; and

     2.   The expansion only occurs within the lot boundaries as such boundaries
          existed as of April 2, 1989; and

     3.   The campground/camper subdivision meets all criteria established in Chapter
          3 in addition to not exceeding an overall maximum density of 5.5 units
          (includes campers and motel rooms) and beds (includes group sleeping
          quarters) per acre.

2.2.3 Commercial Districts Established
Each of these districts is designed and intended to provide safe and attractive services
conveniently located to serve the needs of surrounding residents without disrupting the
character of nearby residential areas:




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                   Currituck County Unified Development Ordinance
                                                      CHAPTER 2: ZONING DISTRICTS

A.   General Business (GB) District: The General Business (GB) district is the least
     restricted commercial district and is designed to accommodate the widest range of
     businesses.

B.   Commercial (C) District: The Commercial (C) district is similar to the GB district
     except that most residential uses are not permitted in this zoning district.

C.   Limited Business, Hotels Allowed (LBH) District: The Limited Business, Hotels
     Allowed (LBH) district is generally designed to accommodate smaller scale
     businesses that primarily serve local clientele rather than regional needs. Land will
     generally be zoned LBH when:

     1.   Because of its location (e.g. at the intersection of two state maintained
          highways), it is undesirable as a site for residential development.

     2.   There is a demand for commercially zoned property at that location.

2.2.4 Industrial Districts Established
Each of these districts is intended primarily to accommodate enterprises engaged in the
manufacturing, processing, creating, repairing, renovating, painting, cleaning, or
assembling of goods, merchandise, or equipment:

Light Manufacturing (LM) District: The Light Manufacturing (LM) district is designed to
accommodate enterprises engaged in the manufacturing, processing, creating,
repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or
equipment. Certain types of manufacturing uses that tend to have significant adverse
impacts on surrounding properties are excluded from the LM district.

Heavy Manufacturing (HM) District: The Heavy Manufacturing (HM) district is designed
to accommodate enterprises engaged in the manufacturing, processing, creating,
repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or
equipment. Certain types of manufacturing uses that tend to have significant adverse
impacts on surrounding properties are made permissible only within the HM district.


Section 2.3 Conditional Zoning (PB 07-76, 12/17/07)

2.3.1 Purpose
Conditional zoning districts are zoning districts in which the development and use of the
property is subject to standards, regulations, or other conditions imposed as part of the
legislative decision creating the district and applying it to the particular property. A
conditional zoning district allows particular uses to be established in accordance with
specific standards and conditions pertaining to each individual development project.
Some land uses are of such a nature or scale that they have significant impacts on both
the immediate surrounding area and on the entire community, which cannot be
predetermined and controlled by general district standards.             There are also

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                   Currituck County Unified Development Ordinance
CHAPTER 2: ZONING DISTRICTS

circumstances in which a general district designation allowing such a use by right would
not be appropriate for a particular property even though the use itself could, if properly
planned, be appropriate for the property consistent with the objectives of these
regulations, the Currituck County Land Use Plan, and other adopted plans.

2.3.2 Parallel Conditional Zoning Districts Established
A parallel conditional zoning district is a zoning district in which the potential permitted
use or uses are, except as limited by the conditions imposed on the district, of the same
character or type as the use(s) permitted in a general zoning district having a parallel
designation or name. A conditional zoning district, bearing the designation “CD” is
hereby established as a parallel district for every zoning district established in this
ordinance. All regulations which apply to a general zoning district shall also apply to the
parallel conditional zoning district.

2.3.3 Pre-application Meeting Required
It is required the applicant hold a pre-application meeting with the administrator prior to
submission of an application for a conditional zoning district. The administrator can
assist the applicant in determining preliminary assessments regarding the
appropriateness of proposed conditions with respect to existing zoning and surrounding
land use(s).

2.3.4 Community Meeting Required (PB 08-49, 4/20/09)
Before a hearing is held on an application for a conditional zoning district, it is required
that the applicant hold at least one community meeting. The applicant shall indicate on
the application, or at the hearing, that a community meeting was held and file a report
with the Planning Board. The report should include, among other things, the manner
and date of contact, the date, time and location of the meeting, a roster of the persons
in attendance at the meeting, a summary of issues discussed at the meeting, and a
description of any changes to the rezoning application made by the applicant as a result
of the meeting.

2.3.5 Conditions, Plans, and Other Information to Accompany Application

A.   Only the property owner(s) of all the property to be included in the district shall be
     eligible to apply for rezoning to a conditional zoning district.

B.   The owner shall submit an application that specifies the use(s) of the property and
     shall propose additional conditions to ensure compatibility between the
     development and the surrounding neighborhood. The information to accompany
     the application shall include (as applicable):

     1.   Verification of community meeting.

     2.   A boundary survey and vicinity map showing the property’s total acreage, its
          zoning classification(s), and the general location in relation to streets,
          railroads, and waterways.

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                    Currituck County Unified Development Ordinance
                                                       CHAPTER 2: ZONING DISTRICTS


     3.   All existing easements and rights-of-way.

     4.   Areas in which structures will be located.

     5.   Proposed use of all land and structures, including the number of residential
          units and the total square footage of any nonresidential development.

     6.   All yards, buffers, screening, and landscaping required by these regulations
          or proposed by the applicant.

     7.   All existing and proposed points of access to public streets.

     8.   Delineation of areas within the regulatory floodplain as shown on the Official
          Flood Hazard Boundary Maps for Currituck County.

     9.   Proposed phasing, if any.

     10. The location of existing and proposed storm drainage patterns and facilities
         intended to serve the proposed development.

     11. Generalized traffic, parking, and circulation plans.

C.   The administrator has the authority to waive any application requirement where the
     type of use or scale of proposal makes providing that information unnecessary or
     impractical.

D.   A site plan or any supporting text shall constitute part of the application for all
     purposes under this section.

2.3.6 Application Approval

A.   In approving an application for the reclassification of property to a conditional
     zoning district, the Planning Board may recommend, and the Board of
     Commissioners request, that reasonable and appropriate conditions be attached to
     approval of the application. Any such conditions should relate to the relationship of
     the proposed use(s) to surrounding property, proposed support facilities such as
     parking areas and driveways, pedestrian and vehicular circulation systems,
     screening and buffer areas, the timing of development, street and right-of-way
     improvements, water and sewer improvements, storm water drainage, the
     provision of open space, and other matters that the board may find appropriate or
     the applicant may propose. The applicant shall have a reasonable opportunity to
     consider and respond to any such conditions prior to final action by the Board of
     Commissioners.




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B.   Any conditions attached to the approval of the application may not be less
     restrictive than would otherwise be required by this Ordinance.

2.3.7 Scope of Approval

A.   Any conditions in association with a conditional zoning district and so authorized
     shall be perpetually binding upon the property included in such conditional zoning
     district unless subsequently changed or amended as provided for in this
     Ordinance.

B.   No condition on a conditional zoning district application shall have the effect of
     removing or amending any requirement of this Ordinance.

C.   If for any reason any condition imposed pursuant to these regulations is found to
     be illegal or invalid, or if the applicant should fail to accept or violate any of the
     conditions of approval, the conditional zoning district shall be deemed null and void
     and the Board of Commissioners shall initiate proceedings to rezone the property
     to its previous zoning classification.

2.3.8 Alterations to Approval
Except as provided below, changes to an approved application or to the conditions
attached to the approved application shall be treated the same as amendments to these
regulations or to the zoning map and shall be processed in accordance with the
procedures in this ordinance.


Section 2.4 Permitted Uses

2.4.1 Uses that Do Not Require a Zoning, Conditional Use, or Special Use Permit
No zoning, special use, or conditional use permit is necessary for the following uses.
However a Land Disturbance Permit, Building Permit, and/or Flood Development Permit
may be required per Chapter 11.

A.   Streets

B.   Electric power, telephone, telegraph, cable television, gas, water, and sewer lines,
     wires or pipes, together with supporting poles or structures, located within a public
     street right of way

C.   Neighborhood utility facilities located within a public street right-of-way with the
     permission of the owner of the right-of-way

D.   Electric power distribution lines located within a utility easement other than major
     transmission lines




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2.4.2 Change in Use

A.   A substantial change in use of property occurs whenever the essential character or
     nature of the activity conducted on a lot changes as follows:

     1.    The change involves a change from one use category to another.

B.   A mere change in the status of property from unoccupied to occupied or vice-versa
     does not constitute a change in use. Whether a change in use occurs shall be
     determined by comparing the two active uses of the property without regard to any
     intervening period during which the property may have been unoccupied, unless
     the property has remained unoccupied for more than 180 consecutive days or has
     been abandoned.

C.   A mere change in ownership of a business or enterprise or a change in the name
     shall not be regarded as a change in use.

2.4.3 Combination Uses
When a combination use comprises two or more principal uses that require different
types of permits (Zoning, Special Use, or Conditional use), then the permit authorizing
the combination use shall be:

A.   A conditional use permit if any of the principal uses combined requires a
     conditional use permit but none requires a special use permit;

B.   A special use permit if any of the principal uses combined requires a special use
     permit and,

C.   A zoning permit in all other cases.

2.4.4 Mixed Uses
When two or more uses occupy the same building, the more restrictive requirements
applicable to any such uses in the district which the lot is located shall apply to such
buildings.

2.4.5 Uses Expressly Prohibited
The following uses are specifically prohibited in all districts:

A.   Use of a motor vehicle parked on a lot as a structure in which, out of which, or from
     which any goods are sold or stored, any services are performed, or other business
     is conducted, except for the following purposes:

     1.    Retail sale of food products, with an Albemarle Regional Health Services
           certification, from a vehicle that is removed from the site each day after
           completion of the sales;



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     2.   Retail sale of goods and merchandise manufactured, created, or produced by
          the seller, so long as the vehicle is removed from the site each day after the
          completion of sales; or,

     3.   Use of a truck trailer for temporary purposes at a construction site, in
          accordance with Chapter 3.

B.   Package treatment plant waste water disposal systems that discharge to surface
     waters;

C.   Use of a boat, houseboat, or other floating structure as a temporary or permanent
     residence (this shall not prevent the overnight occupancy of a vessel temporarily
     docked while in transit on navigable waters);

D.   Use of a travel trailer as a permanent residence and use of a travel trailer as a
     temporary residence outside of a campground, except in accordance with Chapter
     3.

E.   Commercial businesses or any part thereof (i.e. horseback riding, hang gliding,
     etc.) operating on the beach strand, excluding those commercial operations that
     are considered an accessory use (i.e. umbrella rentals at PUD beach club) and
     commercial fishing operations. Commercial businesses operated out of an
     appropriately zoned area that only drop-off customers at the beach strand with
     their rental item are not subject to this provision but shall be subject to the zoning
     regulations affecting their base operations. For purposes of this subsection, beach
     strand shall be defined as that area of beach extending from the dune line to the
     waters edge.

2.4.6 Board of Adjustment Jurisdiction Over Uses Otherwise Allowed With a
Zoning Permit

A.   Whenever the Table of Permissible Uses provides that a use in a nonresidential
     zone or a nonconforming use in a residential zone is allowed with a zoning permit,
     a conditional use permit shall nevertheless be required if the Administrator finds
     that the proposed use would have an extraordinary impact on neighboring
     properties or the general public.

B.   In making this determination, the administrator shall consider, among other factors,
     whether the use is proposed for an undeveloped or previously developed lot,
     whether the proposed use constitutes a change from one principal use
     classification to another, whether the use is proposed for a site that poses peculiar
     traffic or other hazards or difficulties, and whether the proposed use is substantially
     unique or is likely to have impacts that differ substantially from those presented by
     other uses that are permissible in the zoning district in question.




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Section 2.5 Permitted Uses Table

2.5.1 Intent
The Permitted Uses Table contains a listing of uses which may be permitted in one or
more of the various zoning districts. Uses are listed in alphabetical order within nine
categories as follows:

Residential
Civic & Government
Institutional
Office & Service
Retail
Recreation & Entertainment
Industrial, Manufacturing, Warehousing, Distribution, & Solid Waste
Agriculture & Livestock
Other

2.5.2 Table Key
The following is a list of the meanings of table entries:

A.   “Z”-indicates that the use is permitted by right in the zoning district and only
     requires a zoning permit

B.   “C”-indicates that the use is permitted with a conditional use permit in the zoning
     district

C.   “S”-indicates that the use is permitted with a special use permit in the zoning
     district

D.   “ZS or “ZC” indicates that such developments require a zoning permit if the lot to
     be developed is less than five acres in size and a special or conditional use permit,
     respectively, if the lot is five acres or larger in area.

E.   “SR”- a section number listed in the column indicates that the use has special
     requirements for the zoning district in which it is permitted. The section number
     refers to the regulations in Chapter 4

F.   “LUC” – a roman numeral listed in the column indicates the land use code for each
     use and determines the required bufferyard established in the Table of Bufferyard
     Requirements in Chapter 5

G.   If a use is not listed in the Permitted Uses Table, the administrator shall classify it
     with that use that is most similar to it. In doing so, the administrator shall primarily
     rely upon similarity of operational characteristics and similarity of impacts on
     adjacent properties. If the administrator determines that a use is not listed and is
     not similar to a use in the Permitted Uses Table, then such use is prohibited.

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                    Currituck County Unified Development Ordinance
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Use                                                LUC                        Zoning Districts                       Special
Residential Uses                                          A   RA   R   RO1   RO2 RR GB         C   LBH   LM   HM   Requirements
Accessory Dwellings (apartment)                     II         S                         Z
Accessory Structures (residential)                   I    Z    Z   Z    Z     Z    Z     Z          Z                  3.2.1
Accessory Uses                                        I   Z    Z   Z    Z     Z    Z     Z          Z                  3.2.2
Assisted Living Facilities                          II    C   C                          Z
Boarding House, Rooming House                        II   C    C                         C          C
Family Care Homes                                    I    Z    Z   Z   Z      Z    Z     Z          Z                  3.2.4
Home Occupations (accessory use)                     I    Z    Z   Z   Z      Z    Z     Z          Z    Z             3.2.2
Home Occupations (non-accessory use)                 II   C    C   C   C      C    C     Z          Z    C    C        3.2.3
Hunting & Fishing Lodges                            II    Z    Z   Z   Z           Z     Z          Z
Mobile Homes (Class A)-1 unit per lot                I    Z    Z   Z               Z     Z          Z                  3.2.5
Mobile Homes (Class A)-2 units per lot               I    Z    Z   Z               Z     Z          Z                  3.2.5
Mobile Homes (Class B)-1 unit per lot                 I   C    C   C               C     C          C    C    C     3.2.5, 3.2.8
Mobile Homes (Class B)-2 units per lot               I    C   C                                                     3.2.5, 3.2.8
Multi-family (townhomes, condos, apartments)        II                                   S                             3.2.6
Multi-family (duplex)                               II        S                          Z                             3.2.6
Multi-family Conversion                             II        S                          Z                             3.2.6
Nursing Care Facilities                             III   C   C                          Z
Resident Manager/Caretaker Dwellings                  I                                        C         C    C
Single Family, detached-1 unit per lot               I    Z   Z    Z    Z     Z     Z    Z          Z
Single Family, detached-2 units per lot              I    Z   Z    Z                Z    Z          Z                  2.6.2
Temporary Emergency, Construction, & Repair
                                                     I    Z   Z    Z    Z     Z     Z    Z     Z    Z    Z    Z        3.2.7
Residences
Use                                                LUC                        Zoning Districts                       Special
Civic & Government                                        A   RA   R   RO1   RO2 RR GB         C   LBH   LM   HM   Requirements
ABC Stores                                          III                 C                Z     Z    Z
Civil Defense Operations                            III   S   S    S    S     S    S     S     S    S    S    S

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Government Offices                                           III   Z   Z    Z    Z     Z     Z    Z       Z    Z    Z    Z
Law Enforcement & Emergency Services                         III   S   S    S    S     S     S    S       S    S    S    S
Schools (elementary & secondary) & Associated Uses           II    Z   Z    Z    Z     Z     Z    Z       Z    Z
Security Training Operations & Services Facilities           III   S                                                              3.3.1
Use                                                         LUC                        Zoning Districts                         Special
Institutional                                                      A   RA   R   RO1   RO2 RR GB         C     LBH   LM   HM   Requirements
Cemeteries, Family and Church                                 II   Z    Z   Z    Z     Z    Z     Z     Z      Z     Z    Z       3.4.1
Cemeteries (principal use)                                    II   C   C                                             Z    Z
Colleges, Universities, & Associated Uses                     II   S    S                                            S    S
Correctional Facilities                                      III                                                     S    S
Crematoriums                                                  II                                                          S
Daycare Centers                                              III   C   C    C   C                 Z       Z    Z    Z     Z
Hospitals & Clinics (not more than 10,000 sq. ft.)           III   C   C    C   C                 Z       Z    Z    Z     Z
Hospitals & Clinics (greater than 10,000 sq. ft.)            III       S                          S       S         S     S
Institutions for the Mentally Ill                            III       S                                            S     S
Museums, Libraries, Art Galleries, Art Centers, & Similar
                                                             II    S   S    S   C                 Z       Z    Z    Z    Z
Uses
Religious Institutions                                        I    Z   Z    Z    Z     Z     Z    Z       Z    Z    Z    Z
Residential Care Institutions                                III       S                          S       S         S    S
Schools (private instructional)                               II                                  C       C   C     Z    Z
Schools (trade or vocational)                                II    S   S                          S       S   S     S    S
Social, Fraternal, Civic Organizations                        II   Z   Z    C                     Z       C   C     Z    Z
Use                                                         LUC                        Zoning Districts                         Special
Office & Service                                                   A   RA   R   RO1   RO2 RR GB           C   LBH   LM   HM   Requirements
Animal Services (no outdoor kennels)                         III   Z                              Z       Z          Z    Z
Animal Services (with outdoor kennels)                       III   C                              C       C          Z    Z       3.5.1
Animal Services (with explosives training)                   III   S                                                              3.5.2
Automotive Services & Repair                                 III                                  Z       Z         Z    Z        3.5.3

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Bed & Breakfast Inns                             II   C   C    C   C           C     Z          Z                 3.5.4
Boat Ramps (publicly owned)                     III   S   S    S   S      S    S     S     S    S    S    S
Boat Ramps (privately owned)                    III                      Z/C  Z/C   Z/C Z/C
Boat Services & Repair                          III                                  Z     Z   Z     Z    Z
Car Washes                                      III                                  Z     Z   Z     Z    Z
Drive-thru Uses                                 III                                  C     C   C     Z    Z
Dry Cleaning & Laundromats                      III                                  Z     Z   Z     Z    Z
Funeral Homes                                   III                                  Z     Z   Z     Z    Z
Heavy Equipment Services & Repair               III                                  C     C         C    C        3.6.1
Hotels/Motels                                   III                                 Z/C Z/C    Z/C                 3.5.5
Marinas (privately owned)                       III                       C    C     C     C    C                  3.5.6
Professional Offices                            III   C   C    C   C      C          Z     Z    Z    Z    Z        3.5.7
Tattoo and Body Piercing Studios                IV                                   C     C         C    C        3.5.8
Taxi Service                                    III   C                              Z     Z    Z                  3.5.9
Use                                            LUC                        Zoning Districts                       Special
Retail                                                A   RA   R   RO1   RO2 RR GB         C   LBH   LM   HM   Requirements
Auction Houses                                  III                                  C
Automotive Sales & Rental                       III                                  C     C         C    C        3.6.1
Boat Sales & Rental                             III                                  C     C         C    C        3.6.1
Convenience Stores                              III                                  Z     Z   Z
Drive-thru Uses                                 III                                  Z     Z   C     Z    Z
Farmer or Craft Markets                         III   C                              Z     Z   Z     Z    Z
Flea Markets                                    III                                  C     C   C     C    C        3.6.2
Heavy Equipment Sales & Rental                  III                                  C     C         C    C        3.6.1
Manufactured/Modular Home Sales                 III                                  C     C         C    C        3.6.1

Nurseries or Greenhouses                         II   Z   Z                         Z    Z      Z    Z    Z


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Pawn Shops                                          IV                                           S          S     S
Restaurants (with drive-through)                    III                                  Z       Z   C      Z     Z
Restaurants (without drive-through)                 III                                  Z       Z   Z      Z     Z
Retail Uses                                         III                                  Z       Z   C     Z/S   Z/S
Shopping Centers                                    III                                  S       S                         3.6.3
Use                                                LUC                        Zoning Districts                           Special
Recreation & Entertainment                                A   RA   R   RO1   RO2 RR GB           C   LBH   LM    HM    Requirements
Adult Establishments                                IV                                                            S        3.7.1
Athletic & Exercise Facilities (indoor)             III                                  C       C   C     Z      Z
Automotive & Motorcycle Racing Tracks               IV                                                            S
Bars & Nightclubs                                   III                                  C       C   C     C      C
Campgrounds, Recreation (private)                   III                             S                                     3.7.2
Campgrounds, Recreation (public)                    III   S   S    S   S      S     S    S       S    S    S     S        3.7.2
Entertainment Uses (indoor)                         III                                  Z       Z    Z    Z     Z
Entertainment Uses (outdoor)                         II                                  S       S         S     S
Horseback Riding, Schools, Boarding                 III   C   C    C          S          C       C         C     C
Indoor Recreational Facilities (temporary)          III                                  S       S    S    S     S        3.10.6
Outdoor Recreational Facilities (private)            II   S   S    S   S      S    S     S       S    S    S     S
Outdoor Recreational Facilities (public)             II   Z   Z    Z   Z      Z    Z     Z       Z    Z    Z     Z
Recreation Grounds                                  III                            S                                      3.7.3
Use                                                LUC                        Zoning Districts                           Special
Industrial, Manufacturing, Warehousing,
                                                          A   RA   R   RO1   RO2   RR   GB       C   LBH   LM    HM    Requirements
Wholesaling,& Solid Waste Uses
Incinerators                                        IV                                                           S
Junk Yards & Salvage Yards                          IV                                                           S         3.8.1
Landfills & Convenience Centers, County Owned or
                                                    IV    S   S    S    S     S     S    S       S    S    S     S
Operated Sanitary

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                                        Currituck County Unified Development Ordinance
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Landfills, Demolition                               IV    S   S    S                     S       S   S     S    S
Landfills, Reclamation                              IV    C   C    C    C     C     C    C       C   C     C    C
Manufacturing, Light                                III   C   C                          C       C   C     Z    Z        3.8.2
Manufacturing, Heavy                                IV    C                                                Z    Z
Mining & Quarrying Operations                       IV    S   S                                            S    S       3.8.3
Mini Warehousing                                    III                                  C       C         Z    Z
Office Warehouses                                   III                                  Z       Z         Z    Z
Warehousing & Distribution                          III   C                                                Z    Z
Wholesale Trade                                     III                                  C       Z    Z    Z    Z
Use                                                LUC                        Zoning Districts                         Special
Agriculture & Livestock                                   A   RA   R   RO1   RO2 RR GB           C   LBH   LM   HM   Requirements
Agribusinesses                                      III   C    C                         Z       Z          Z    Z       3.9.1
Agricultural Uses (nonexempt without livestock)     III   Z    Z   Z    Z     Z    Z     Z       Z    Z     Z    Z
Agricultural Uses (nonexempt with livestock)        III   Z    Z              Z                             Z    Z
Land Applications of Commercial Sludge & Septage    IV    C                                                             3.9.2
Silvicultural Operations                            III   Z   Z    Z                Z    Z       Z    Z    Z    Z
Stockyards, Slaughterhouses, & Rendering            IV    C                                                     C
Use                                                LUC                        Zoning Districts                         Special
Other                                                     A   RA   R   RO1   RO2 RR GB         C     LBH   LM   HM   Requirements
Adaptive Reuse of Historic Properties               III   C    C   C    C     C    C     C     C      C     C    C      3.10.1
Airports (county-owned or operated)                 IV    S    S   S    S     S    S     S     S      S     S    S
Airports or Airstrips (private)                     IV    S             S                                   S    S
Automobile Parking                                  III                                  C       C   C      Z    Z
Crabshedding                                        III   Z   Z    Z                Z                       Z    Z      3.10.2
Lifeguard Stations with Accessory Beach Rentals,
                                                     I                  Z
County Authorized
Outdoor Display                                     III                                  Z       Z    Z    Z    Z       3.10.3
Outdoor Storage                                     III                                  Z       Z    Z    Z    Z       3.10.3

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                                        Currituck County Unified Development Ordinance
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Special Events                                            I    S   S    S    S      S       S   S     S    S   S   S     3.10.4
Temporary Construction & Sales Office                     I    Z   Z    Z    Z      Z       Z   Z     Z    Z   Z   Z     3.10.5
Temporary Storage, Offices, Caretaker dwellings           I    Z        Z                       Z     Z        Z   Z
Temporary Tents & Tent Sales                              I    Z   Z    Z     Z     Z       Z   Z     Z    Z   Z   Z     3.10.6
Telecommunications Towers (50 feet or less)              III   Z   Z    Z     Z     Z       Z   Z     Z    Z   Z   Z     3.10.7
Telecommunications Towers (more than 50 feet)            III   C   C                            C     C        C   C     3.10.7
Telecommunications Towers (non-commercial amateur
                                                         III   C   C    C    C      C       C   C     C    C   C   C     3.10.7
100 feet or less)
Towers, Other Including Water (50 feet or less)          III   Z   Z    Z     Z     Z       Z   Z     Z    Z   Z   Z
Towers, Other Including Water (more than 50 feet)        III   C   C                            C     C        C   C
Utility Facilities                                       III   Z   Z    Z    Z      Z       Z   Z     Z    Z   Z   Z     3.10.8
Wind Energy Facilities, Small System                     III   Z   Z    Z    Z      Z       Z   Z     Z    Z   Z   Z     3.10.9
Wind Energy Facilities, Large Scale                      III   S   S    S    S      S       S   S     S    S   S   S     3.10.9
Wind Energy Facilities, Utility Scale                    III   S   S    S    S      S       S   S     S    S   S   S     3.10.9

Amended: (PB 07-68, 1-22-08); (PB 08-49, 10/20/08); (PB 08-55, 5/18/09); (09-06, 8/17/09)




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                                         Currituck County Unified Development Ordinance
CHAPTER 2: ZONING DISTRICTS

Section 2.6 General Lot Provisions

2.6.1 Street Access
No building, structure, or use of land for other than agricultural purposes shall be
established on a lot which does not abut a state maintained street or road or private
street as permitted in these regulations, other than lots in the RO2 zoning district,
except as provided below:

A.   A permit for construction or use within any residential development may be allowed
     on a lot that does not abut a public or private street, provided such development is
     platted in accordance with these regulations, the original development tract, or lot
     abuts a public or private street in accordance with these regulations, and the
     resulting lots are provided direct access to a public or private street across
     common property perpetually maintained for such purposes. Examples include
     townhome, condominium, and other multi-family residential developments.

B.   A permit for construction or use within any office, commercial, and industrial
     development may be allowed on a lot that does not abut a public or private street,
     provided such development is platted in accordance with these regulations, the
     original development tract or lot abuts a public or private street in accordance with
     these regulations, and the resulting lots are provided direct access to a public or
     private street across common property perpetually maintained for such purposes.
     Examples include office park and shopping center developments.

C.   Every lot shall have access to it that is sufficient to afford a reasonable means of
     ingress and egress for emergency vehicles as well as for all those likely to need or
     desire access to the property in its intended use which access shall be no less
     than 20 feet in width. With respect to lots within the R02 District, what is a
     "reasonable means of ingress and egress" shall be determined in light of the fact
     that no state maintained road extends into this district and that access to all lots in
     this district is generally available only to 4 wheel drive vehicles and no access shall
     be created in the RO2 District which is less than 20 feet in width.

2.6.2 More Than One Principal Structure Per Lot

A.   Except as allowed in Subsection B below and in individual districts for non-
     residential and mixed use developments, only one principal building and its
     customary accessory building(s) shall be located on any lot.

B.   Only one single-family detached dwelling unit is permitted per lot, except that a
     second detached dwelling on a lot is permitted in all districts pursuant to the
     Permitted Uses Table provided that the following criteria are met:

     1.   The lot must have double the minimum road frontage on a state maintained
          street or approved, improved subdivision street and square footage equal to
          twice the minimum specified for the zone in which it is located.

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     2.    Structures and dwellings must be located on the property such that the lot could
           be divided into two lots with adequate square footage, frontage and setbacks
           as specified for the zone in which it is located; and,

     3.    Dwellings must each be provided with independent well and septic systems, or
           independently connected to central water and sewer.

2.6.3 Lot Requirements (PB 08-49, 10/20/08) (PB 08-41, 11/17/08)

A.    Residential driveways on corner lots shall not be allowed ingress or egress onto
      the most traveled road. This will be controlled through a five foot non-
      ingress/egress easement along the property line of the most traveled road.

B.    Cul-de-sac lots shall have a minimum of 35 feet of frontage along a proposed
      street right-of-way. Lots fronting on cul-de-sacs shall have at least 80 percent of
      the minimum lot width within 75 feet of the street right-of-way.

C.    CAMA wetland area may not be counted as part of the minimum square footage
      required of any lot for development nor for any requirement for open space.

D.    One-half of all 404 wetlands as determined by the US Army Corps of Engineers
      may be counted as part of the minimum lot area required of any lot.

E.    Flag lots may be permitted subject to the following:

      1.    No more than five percent of lots within a proposed subdivision may be flag
            lots as defined within this chapter;

      2.    The area within the arm; shall not be included in determining the minimum lot
            area as demonstrated within Chapter 17 Definitions;

      3.    Flag lots are prohibited wherever their effect would be an increase in the
            number of lots accessing collector or arterial roads.

F.    Lot boundaries shall be made to coincide with natural and pre-existing man-made
      drainage ways to the extent practical to avoid the creation of lots that can be built
      upon only by altering such drainage ways. Lots shall be arranged with due
      consideration given to not disturbing wetlands and other such natural features.
      Side lot lines shall be at, or near, right angles or radial to street lines.

G.    Lots in all subdivisions, except lots within major open space subdivisions in the
      RO-2 District, shall not have a depth greater than four times the width measured at
      the front building setback line except where the board finds that the physical
      dimensions of the tract provide no other practical alternative. Lots within major



                                           2-19
                     Currituck County Unified Development Ordinance
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     open space subdivisions in the RO-2 District shall not have a depth greater than
     seven times the width measured at the front building setback line.

H.   Double frontage lots shall establish a five foot non ingress/egress easement on the
     most traveled roadway.

I.   Notwithstanding the foregoing subsections, the maximum percentage of the portion
     of any lot or tract located in an Estuarine Shoreline Area of Environmental Concern
     (lands within 75 feet landward of the mean high water level, or normal water level
     of estuarine waters) that may be covered by impervious surfaces (including
     principal and accessory buildings as well as any paved parking area regardless of
     the paving material used) is 30 percent.

2.6.4 Setback Requirements

A.   Fill is not allowed within ten feet of either side on rear property lines. Fill is not
     allowed within ten feet of the front (street) property line except for driveway
     improvements and as approved by the county engineer. Lots within planned unit
     developments are exempt from these regulations.

B.   Residential drive aisles and parking spaces shall not be located any closer than
     ten foot from the front property line, excluding residential lots within planned unit
     developments (PUD).

C.   For lots located along Major Arterials (US 158, NC 168, NC 34, NC 136, NC 615
     and NC 12), the minimum structure setback shall be increased by 30 feet (except
     for NC 12 where a 100 foot right-of-way exists). However, the increased setback
     shall not apply to bank automated teller machines, gas pumps with associated
     canopies and vehicular areas serving the gas pumps, and covered parking and
     service areas associated with drive-in restaurants, provided a minimum 20 foot
     setback is maintained along major arterials.

D.   The location of required front, side and rear yards on irregularly shaped lots shall
     be determined by the administrator. The determination will be based on the spirit
     and intent of this ordinance to achieve an appropriate spacing and location of
     buildings and structures on individual lots.

E.   Corner lots shall be considered to have two front yards and shall utilize the
     minimum front setback for each street frontage. No structure shall be located
     within the sight triangle as defined by this ordinance.

F.   Setback distances shall be measured from the property line, street right-of-way
     line, or recorded vehicular easement line, whether public or private, to a point on
     the lot that is directly below the nearest extension of any part of the structure,
     excluding:



                                         2-20
                   Currituck County Unified Development Ordinance
                                                      CHAPTER 2: ZONING DISTRICTS

     1.   The outermost 3 feet of any uncovered porch, step, eaves, gutter, canopy,
          concrete or wooden deck, patio and sidewalk extending more than 12 inches
          above the ground or similar fixture; No encroachments are allowed within ten
          feet of any property line.

     2.   The outermost five feet of any concrete or wooden deck, patio and sidewalk if
          no portion of the same extends more than 12 inches above the ground; No
          encroachments are allowed within ten feet of any property line.

     3.   Any structure that is not a part of the building itself but is a mere appendage
          to it, such as a flagpole, etc. No encroachments are allowed within ten feet of
          any property line.

     4.   Handicapped ramps. No encroachments are allowed within ten feet of any
          property line.

     5.   Public walkways, neighborhood walkways and walkways shared between 2
          or more property owners that extend more than 12 inches above the ground
          and that may contain a dune deck or gazebo authorized by CAMA.

     6.   Piers, walkways, dune deck or gazebo authorized by CAMA.

G.   A roof over a pre-existing stoop may encroach into required setbacks provided the
     roof does not cover more than 40 square feet in area.

H.   Guard gates may be placed within a right-of-way with permission of the owner of
     that right-of-way and provided the location does not constitute a hazard to the
     public.

I.   Where a future right-of-way has been identified, street setbacks shall be measured
     from the future right-of-way.

J.   Arbors may be located within 20 feet of a major arterial road.

K.   In accordance with this ordinance, when two or more parcels share a common
     driveway in order to reduce the number of curb cuts, the adjoining side yard
     setbacks shall not apply provided all fire code regulations are met and adequate
     utility and drainage easements are provided.

L.   Where land acquisition for a public purpose reduces a yard of developed
     properties such that the minimum standards of the Unified Development Ordinance
     cannot be met, minimum principal structure setbacks for that yard may be reduced
     by 25 percent. Reductions of greater than 25 percent shall not be allowed except
     by a variance granted from the Board of Adjustment; and,




                                         2-21
                   Currituck County Unified Development Ordinance
CHAPTER 2: ZONING DISTRICTS

M.   Where a lot is within 500 feet of developed properties on the same side of the road
     that contain two or more legally nonconforming principal structures in terms of front
     yard setbacks, the front yard setback for that lot shall be the average setback of all
     conforming and legally nonconforming principal structures on the same side of the
     road within 500 feet of the lot in question. However, under no circumstance may
     the front yard setback be less than the furthest setback on the adjoining lot or be
     reduced more than 25 percent of the minimum required except by a variance
     granted from the Board of Adjustment.

2.6.4 Height Requirements

A.   For purposes of this section, the height of a building is measured as the vertical
     distance measured from grade plane to the average height of the highest roof
     surface.

B.   Grade plane is a reference plane representing the average of finished ground level
     adjoining the building at exterior walls. Where the finished ground level slopes
     away from the exterior walls, the reference plane shall be established by the lowest
     points within the area between the building and a point six feet from the building.

C.   The average height of the roof is the mid-height between the roof eave and the
     roof ridge of the highest roof surface, regardless of the shape of the roof. The
     average height of multiple roof levels is not to be used to determine the building
     height.

D.   There shall be no more than three habitable floors.

E.   The following features are exempt from the district height limitations set forth in the
     dimensional requirements subsection provided the minimum required setback for
     the feature is increased by one foot for every 1 foot in height the feature exceeds
     35 feet:

     1.   church spires, elevator shafts, chimneys, (residential chimneys shall not be
          subject to increased setbacks stated above), and decorative architectural and
          similar structural appendages not intended as places of occupancy or storage
          (but parapets and similar structural appendages as well as decks and
          observation platforms shall not be exempt);

     2.   flagpoles;

     3.   heating and air conditioning equipment, solar collectors, and similar
          equipment, fixtures and devices;

     4.   poles supporting utility lines;

     5.   windmills for nonresidential uses;

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                    Currituck County Unified Development Ordinance
                                                       CHAPTER 2: ZONING DISTRICTS


     6.   hydraulic cranes used for bungee jumping operations provided no bungee
          jumping activities are within 500 feet of any property line containing a
          residential use and within 400 feet of any major arterial street;

     7.   water towers for approved water systems;

     8.   asphalt and concrete batching and mixing towers; and

     9.   bulk storage silos and storage towers.

F.   The following features are exempt from the district height limitations set forth in the
     dimensional requirements subsection provided the minimum required setback for
     the feature is increased by one foot for every one foot in height:

     1.   towers, antennas, and wind turbines (to the extent such uses are allowed in
          the Permitted Uses Table).

G.   Structures located in the vicinity of the Currituck County Airport may be subject to
     the Airport Area Height Restrictions of the Currituck County Code of Ordinances
     and the official Currituck County Airport Area Height Restriction Zone Map.


Section 2.7 Dimensional Requirements

2.7.1 Dimensional Tables (PB 08-49, 10/20/08) (PB 09-10, 4/20/09)
The following tables depict the allowable lot size, width, coverage, setbacks and height
for a given use. The table should be used as a guide for development, taking into
consideration the footnotes that are referenced. In some cases a specific use may be
required to meet a specific requirement as set forth in Chapter 3. The first table; Table
of Area, Separation and Height, provides information specific to underlying, or base,
zoning districts as described in Chapter 2, while the second table; Table of Overlay
District Area and Width, provides information exclusive to Overlay Districts as defined
in Chapter 4, which also governs lot size and width.

The densities set forth in this Section are permissible only if and to the extent that water
and sewer facilities are or will be made available to serve the proposed density in
accordance with the provisions of Chapter 9 of this Ordinance (Infrastructure) or if water
and sewer facilities are not available to serve the proposed density, then such density
shall be limited by the availability of conventional individual water wells and septic
systems, being approved for the particular lot or parcel. In addition, nothing in this
Section shall be interpreted as authorizing a type of use (e.g., multi-family) in a district
(e.g., R, RO1 or RO2) where such uses are not permitted under the Permitted Uses
Table.




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                    Currituck County Unified Development Ordinance
CHAPTER 2: ZONING DISTRICTS

In determining the number of dwelling units permissible on a tract of land fractions shall
be dropped.




                                         2-24
                   Currituck County Unified Development Ordinance
                                                                                                                           CHAPTER 2: ZONING DISTRICTS

                                                        TABLE OF AREA, SEPARATION AND HEIGHT
                                                                                                                                                                      (7)
                              Minimum Lot Size (acres and square feet)                                                                         Min. Setbacks (feet)
       Individual Lots &                                                                                  Max. Lot Coverage
                                 Conventional            Conservation                                                   (9)
             Minor                                                                     Other               (percentage)               Floor
                                  Subdivisions           Subdivisions                                                                                                          Max.
       Subdivisions (up                                                                                                               Area
                                 (up to 40 lots)       (41 lots or more)                                                                                                      Height
           to 5 lots)                                                                                                                 Ratio
Zone                                                                                                                                    (10)   Front     Side     Rear        (feet)
                                                                                                                 10,000
        Lot         Lot         Lot             Lot     Lot                                             <                     >
                                                                     Lot        Lot         Lot                     –
        Size       Width        Size           Width    Size                                          10,000                19,000
             (1)     (2)          (3)           (8)       (4)       Width       Size       Width                 19,000
                                                                                                      sq. ft.               sq. ft.
                                                                                                                 sq. ft.
A(5)   3 acres      125       3 acres
                                        (6)
                                                125    20,000        100       3 acres         125       45        35         30         -       20       15       25          35
                                     (6)
RA     40,000       125       40,000            125    20,000        100       40,000          125       45        35         30         -       20       15       25          35
                                     (6)
 R     40,000       125       40,000            125    20,000        100       40,000          125       45        35         30         -       20       15       25          35
                                     (6)
RO1    20,000       125       20,000            125    20,000        100       40,000          125       45        35         30         -       20       15       25          35
                                         (6)             1.5
RO2    120,000      125      120,000            125                  100       120,000         125       45        35         30         -       20       15       25          35
                                                        acres
                                        (6)
 RR    40,000       125       40,000            125    20,000        100       40,000          125       45        35         30         -       20       15       25          35
GB        -          -            -              -        -           -        40,000          125                 65                  .400      20       15       25          35
  C       -          -            -              -        -           -        40,000          125                 65                  .400      20       15       25          35
LBH       -          -            -              -        -           -        40,000          125                 65                  .400      20       15       25          35
LM        -          -            -              -        -           -        40,000          125                 65                  .400      20       15       25          35
HM        -          -            -              -        -           -        40,000          125                 65                  .400      20       15       25          35

       (1)   In a Family Subdivision (Minor), one lot may be created per year for a total of five lots. Lots shall have a minimum of 40,000 square feet except in the RO2
             District where the minimum lot size shall apply.
       (2)   Corner lots shall be 10 feet wider than the required minimum lot width in order to accommodate the additional setback requirement.
       (3)   A Conventional Subdivision may be developed without open space if each of the lots is five acres or more and the minimum lot width is 200 feet.
       (4)   See Section 10.4 for density bonuses.
       (5)   Each parcel as it existed on April 2, 1989 may create a total of five 40,000 square foot lots. If that parcel has been recombined with another parcel or
             parcels at some later date or is adjacent to another parcel under the same ownership, each parcel shall be allowed to create five parcels of 40,000 square
             feet, however the subdivision may be subject to the major subdivision review process.
       (6)   The required lot size may be reduced to 20,000 square feet (1.5 acres in the case of RO2) if the lot size reduction is applied to the open space area.
       (7)   Any lot shown within a subdivision or PUD granted a minimum of sketch plan approval from the Planning Board prior to April 2, 1989 shall: (i) have a ten
             foot side yard setback; and, (ii) have a ten foot rear setback where the rear lot line abuts a common open space area.
       (8)   Five acre lot conventional subdivisions shall require a minimum lot width of 200 feet.
       (9)   The total lot coverage may be increased by 15 percent if: (i) 50 percent of the maximum allowable lot coverage is in Turfstone™ or equivalent porosity as
             determined by the county engineer; or, (ii) the development is served by an approved and functional stormwater management plan as determined by the
             county engineer.
       (10) The floor area ratios set forth in Subsection (1) shall not apply to residential uses within the listed districts except with respect to lots that also contain
             buildings used for nonresidential purposes (in which case the FAR's shall be applicable to all buildings on such lots).
       * See Chapter 4 for additional dimensional requirements for development located in overlay districts.
       * See Chapter 5 for additional buffer yard setbacks for nonresidential uses.


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                                                       Currituck County Unified Development Ordinance
CHAPTER 2: ZONING DISTRICTS

                                    DIAGRAM OF LOT INFORMATION




                                                    2-26
                              Currituck County Unified Development Ordinance
                                                                   CHAPTER 2: ZONING DISTRICTS

                     TABLE OF OVERLAY DISTRICT AREA AND WIDTH
             Overlay           Minimum District Area Minimum Lot Width (ft.)
  Planned Unit Development
                                                  50 acres                               65
             (PUD)
      Residential Airpark
                                                  40 acres                              125
      Development (RAD)
   Planned Adult Retirement
                                                  10 acres                               50
             (RET)
    Residential Multifamily
                                                  5 acres                               125
      Development (RMF)
(PB 08-49, 10/20/08)

     (1) May be reduced to 7,500 square feet if the lot size reduction is added to the required open space
     area



Section 2.8 Residential Accessory Structure Location and Setbacks

A.     Unless otherwise noted in Chapter 3, Special Requirements, accessory structures
       in residential districts shall meet the following setbacks:

       1.    Front: 20 feet

       2.    Side: 10 feet

       3.    Rear: 10 feet

B.     Boat houses and docks requiring a CAMA permit, may located in accordance with
       that CAMA permit and not be subject to rear yard setback requirements.




                                              2-27
                        Currituck County Unified Development Ordinance
                       CHAPTER 3:
                  SPECIAL REQUIREMENTS
Section                                                                                                Page

3.1   Purpose ………………………………………………………………………… 3-3

3.2   Residential Uses……………………………………………………………… 3-3
      Accessory Structures………………………………………………………….. 3-3
      Accessory Uses………………………………………………………………….. 3-3
      Home Occupations (non-accessory use)……………………………………… 3-6
      Family Care Homes……………………..…………..…………………………... 3-7
      Mobile Homes       ……………………………………………………………... 3-8
      Multi-Family……………………………………………………………………….. 3-10
      Temporary Emergency Construction or Repair Residences………………. 3-12
      Temporary Class B Mobile Home……………………………………………… 3-12

3.3   Civic and Government Uses………………………………………………… 3-13
      Security Training Operations and Services Facility………………………… 3-13

3.4   Institutional Uses……………………………………………………………….. 3-16
      Cemetery, Family and Church…………………………………………………. 3-16

3.5   Office and Service Uses……………………………………………………….. 3-18
      Animal Services (with outdoor kennels)……………………………………… 3-18
      Animal Services (with explosives training)…………………………………... 3-18
      Automobile Services and Repair…………...…………………………………... 3-19
      Bed and Breakfasts in Residential Districts…………………………………. 3-19
      Hotels/Motels..…………………………………………………………………... 3-19
      Marinas………………………………………………………………………….. 3-20
      Professional Offices…………………………….……………………………….. 3-20
      Tattoo and Body Piercing Studios….……………………………………………3-21
      Taxi Service………………………………………………………………………..3-22

3.6   Retail Uses………………………………………………………………………                                                           3-22
      Automotive/Boat/Heavy Equipment/Manufactured Home Sales and
             Services…….............................................................................   3-22
      Flea Markets………………………………………………..……………...                                                         3-23
      Shopping Centers………………………………………………………………..                                                       3-23

3.7   Recreation and Entertainment Uses……………………………………….. 3-26
      Adult Establishments………………… …………………..…………………….. 3-26
      Campgrounds, Recreation……………..……………………………………... 3-29
      Recreation Grounds……………………………………………………………... 3-31

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                      Currituck County Unified Development Ordinance
CHAPTER 3: SPECIAL REQUIREMENTS


3.8    Industrial, Manufacturing, Warehousing, Wholesaling,
       and Solid Waste Uses………………………………………………………… 3-32
       Junkyards and Salvage Yards………………………………………………….. 3-32
       Manufacturing, Light……………………………………………………………. 3-33
       Mining……………………………………………………………………………... 3-34

3.9    Agriculture and Livestock Uses……………………………………………. 3-39
       Agribusinesses.………………………………………………………………….. 3-39
       Land Application of Commercial Sludge and Septage……………………… 3-39

3.10   Other Uses………………………………………………….…………………. 3-41
       Adaptive Reuse of Historic Properties………………………………………... 3-41
       Crabshedding……………………………………………………………………. 3-42
       Outdoor Display and Outdoor Storage………………………………………… 3-42
       Special Events…………………………………………………………………… 3-42
       Temporary Construction and Sales Offices………………………………….. 3-43
       Temporary Tents………………………………………………………………… 3-44
       Telecommunication Towers….……………………………………………….. 3-46
       Utility Facilities……………………………………………………………………. 3-52
       Wind Energy Facilities………………………………………………………….. 3-53




                                     3-2

                Currituck County Unified Development Ordinance
                                                  CHAPTER 3: SPECIAL REQUIREMENTS

Section 3.1 Purpose

Currituck County finds that there are certain uses that exist which may be constructed,
continued, and/or expanded provided they meet certain mitigating conditions specific to
their design and/or operation. Such conditions ensure compatibility among uses so that
they may by located in proximity to one another without adverse affects to either. This
chapter specifies those requirements that must be met by all the uses listed in the
Permitted Uses Table in Chapter 2 with an entry in Special Requirements column.

Each use shall be permitted in compliance with all conditions listed for the use in this
chapter. Certain uses are also classified as Conditional Uses which require Board of
Adjustment approval or Special Uses which require Board of Commissioners approval.
The approval processes for these uses are detailed in Chapter 11.


Section 3.2 Residential Uses

3.2.1 Accessory Structures

A.   A vehicle, trailer, or manufactured home shall not be used as an accessory
     structure.

B.   Mailboxes, newspaper boxes, walls, birdhouses, doghouses, flagpoles (less than
     35’) and pump covers may be placed in any yard, and no zoning permit is needed
     for these structures.

C.   Fences are permitted provided they do not exceed eight feet in height for
     residential uses.      Fences that are substantially opaque, located along lot
     boundaries adjacent to public street rights-of-way, and exceed six feet in height are
     prohibited within the setback area. Barbed wire and electric fences are prohibited
     in residentially platted subdivisions not intended to accommodate livestock.

3.2.2 Accessory Uses
Whenever an activity is conducted in conjunction with another principal use and
constitutes only an incidental or insubstantial part of the total activity that takes place on
a lot, or is commonly associated with the principal use and integrally related to it, then
the activity may be regarded as an accessory use and may be carried on underneath
the umbrella of the permit issued for the principal use.

     3.2.2.1 Residential Accessory Uses

     A.   An accessory use home occupation that is conducted by a person on the
          same lot where such person resides is permitted provided that:

          1.    The business activity is clearly incidental and subordinate to the
                residential use of the property;
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                    Currituck County Unified Development Ordinance
CHAPTER 3: SPECIAL REQUIREMENTS

        2.   There is no substantial visible evidence that a business is being
             conducted on the premises;

        3.   No vehicular or pedestrian traffic is generated in excess of that which is
             reasonable for a private residence;

        4.   Not more than one truck, van, car, or other vehicle which is visibly for
             commercial use if kept on the property, nor any such vehicle or trailer
             which is larger than 8' x 32';

        5.   No open storage is maintained on the property; and,

        6.   No sign or advertisement of any type other than a temporary sign for
             sale of produce, etc. shall be maintained on the property indicating the
             presence of a business. Signs giving the family name, address, property
             name are permitted.

   B.   Hobbies or recreational activities of a non-commercial nature are permitted.

   C.   Yard sales or garage sales are permitted, so long as such sales are not
        conducted on the same lot for more than three days (whether consecutive or
        not) during any 90 day period.

   D.   Receive-only earth stations are permitted, as long as:

        1.   Any dish antenna is less than 14 feet in diameter;

        2.   There are no more than one dish antenna per single-family detached
             units; and no more than one dish antenna per four dwelling units on
             other lots;

        3.   The station is situated to the rear of the front building facade, shall be
             allowed to extend up to one foot (measured from the outermost portion
             of the dish) to the principle structure and must comply with all remaining
             accessory building setback requirements (ten feet from side and rear
             property lines), and is screened so that:

             a.   it will be screened from the road right-of-way to the front of the lot
                  with Type B screen; and,

             b.   in the event that the unit is not placed on a roof, it will be screened
                  with a Type B screen from adjacent residential dwelling units
                  except to the extent that screening would interfere with satellite
                  reception within the area.


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                  Currituck County Unified Development Ordinance
                                            CHAPTER 3: SPECIAL REQUIREMENTS


E.   The sale of agricultural products (either in a "roadside stand" or on a "pick
     your own" basis) is permitted from property where such products were grown
     or from land that is all part of the same farm or farming operation as the land
     where such products were grown shall be regarded as accessory to an
     agricultural operation.

F.   Storage of up to four boats for personal use is permitted. Storage of more
     than four boats for personal use is permitted when there is at least one acre
     of land per each additional boat stored over four and such storage is
     screened from adjacent residential dwellings. Nothing in this subsection shall
     be deemed to permit uses that could be classified as junkyards.

G.   The placement of an accessory building on a lot where no residential dwelling
     is located, but where one is intended to be built, for the storage of equipment
     related to the upkeep of that lot is permitted.

H.   Horse stables are permitted, provided that when located in an "R" zoning
     district the following standards shall be met:

     1.   All horses boarded on that premises shall belong to or be leased by the
          individual who owns and/or leases the land on which the stable is
          located (mares under breeding contract are exempt).

     2.   The land on which the stable is located is at least two acres in size.

     3.   No stable is within 200 feet of any existing adjoining residential dwelling
          and 100 feet from any adjoining water source (well) being used for
          human consumption.

     4.   A dwelling is not required on the property where the stable is located.

     5.   Stables must be operated and maintained in a healthy and safe manner.
          Healthy and safe is defined as, but not limited to: fences kept in good
          repair; potable water available on demand; protection from wind or rain;
          a sign posted indicating the name and phone number of the person to be
          contacted in case of emergency.

I.   Piers located on lots where no residential dwelling is located is permitted
     when used for the recreational enjoyment of the property owner shall be
     considered as an accessory use to the lot.




                                      3-5

              Currituck County Unified Development Ordinance
CHAPTER 3: SPECIAL REQUIREMENTS

    3.2.2.2 Temporary Keeping of Livestock
    Temporary keeping of livestock as an educational project, approved and
    sponsored by a youth organization in an R (Residential) zoning district subject to
    the following:

    A.   The market livestock project must be approved by a bona fide educational or
         agricultural association for youths, such as the 4-H Livestock Club and similar
         organizations. Prior written notice of intent to participate in a livestock project
         shall be provided to the zoning officer no less than 14 prior to the
         commencement of the project. The notice shall specify the address at which
         the project will be conducted, the name of the association sponsoring the
         project, the type of animal to be kept on the premises and the lot acreage. In
         addition, the zoning officer may require verification that any livestock project
         to be conducted in accordance with this section has been approved and is
         sponsored by a bona fide educational or agricultural association for youths.

    B.   A market livestock project shall only be conducted as an accessory use to a
         principal use of the property for residential purposes. All pens, shelters and
         animal quarters shall be located behind the residential structure. Pen, shelters
         and animal quarters shall be located 75 feet from any occupied dwelling and
         100 feet from any well and must maintain a distance of 25 feet away from all
         abutting property lines.

    C.   The market livestock project shall be limited to the temporary keeping of
         young cattle, hogs, sheep and goats. Cattle and hogs shall be permitted in
         the A (Agricultural) and RA (Residential/Agricultural) zoning districts only, with
         a minimum land area of one acre or more. Sheep and goats may be kept on
         any residential lot or parcel of land with a lot area of 20,000 square feet or
         more.

    D.   No market livestock project may commence on residential zoned property
         prior to December 1st and must be completed by April 30th. All livestock must
         be removed from residential zoned property by April 30th.

    E.   All pens, stalls and grazing areas shall be maintained in a sanitary manner
         free from noxious odors.

3.2.3 Home Occupations (non-accessory use)

    3.2.3.1 Use

    A.   The use does not disturb or intrude on the residential character of the subject
         property or the surrounding neighborhood.



                                           3-6

                  Currituck County Unified Development Ordinance
                                              CHAPTER 3: SPECIAL REQUIREMENTS

     B.   On-premises retail sales of goods not produced on-site are prohibited except
          when the home occupation is located on a lot with direct access to US
          Highway 158, NC Highway 168, NC Highway 34, NC Highway 136, or NC
          Highway 615.

     C.   The use shall not create objectionable noise, fumes, odor, dust or electrical
          interference.

     3.2.3.2 Dimensional and Location Requirements
     A home occupation shall comprise less than 25 percent of the total gross floor area
     of residential buildings plus other buildings housing the home occupation, or less
     than 1,000 square feet of gross floor area (whichever is less).

     3.2.3.3Additional Requirements

     A.   Open storage which must be fenced with opaque fencing.

     B.   No more than two non-resident persons may be employed in connection with
          the home occupation.

     C.   No more than one motor vehicle shall be used in connection with the home
          occupation.

     D.   One on-premise advertising sign shall be allowed but shall not exceed six
          square feet in area or four feet in height. Additionally, one off-premise
          advertising sign shall be allowed subject to the requirements of Chapter 7 of
          this ordinance.

     E.   An accessory building or addition built for the purpose of a home occupation
          must conform in appearance to existing primary or accessory structures and
          may not have a commercial appearance.

3.2.4 Family Care Homes
In accordance with NC General Statute Chapters 122C, 131D, and 168, this section
applies to family care homes for the handicapped. These uses are deemed residential
uses and are permitted in all residential districts subject to the following conditions:

A.   No more than six residents other than the homeowner and the homeowner’s
     immediate family are permitted to live in a Family Care Home.

B.   A Family Care Home must be licensed with the NC Department of Health and
     Human Services Division of Facility Services before operating.

C.   No Family Care Home may be located within a one-half mile radius of any other
     residential care home.

                                            3-7

                   Currituck County Unified Development Ordinance
CHAPTER 3: SPECIAL REQUIREMENTS

D.   No lockdown, violent, or dangerous residents are permitted.

E.   Only incidental and occasional medical care may be provided.

3.2.5 Mobile Homes

     3.2.5.1 Use

     A.   Mobile homes may not be used as storage or accessory structures.

     B.   No mobile home may be parked for storage on any lot, tract or parcel except
          in business or manufacturing districts or in an approved mobile home park
          storage site. When mobile homes are stored in a GB, LBH, LM, or HM
          district, such storage site shall be completely surrounded by a wall or fence
          which a person cannot see through (visually opaque) at least eight feet in
          height and no mobile home may be stored in any district for more than six
          months. Mobile home sales lots which have employees actively engaged in
          mobile home sales on the site daily shall be exempt from the six month
          limitation.

     C.   Two or more mobile homes shall not be joined or connected together as one
          dwelling nor may a mobile home be attached to any accessory building.

     3.2.5.2 Class “A” Mobile Homes
     Class “A” mobile homes are permitted in all approved mobile home parks and
     mobile home park subdivisions with a zoning permit provided underpinning of all-
     weather base material is placed around the mobile home when located in a mobile
     home park subdivision. Further, with a zoning permit, Class “A” mobile homes shall
     be permitted in accordance with the Permitted Uses Table on individual lots
     subject to the following:

     A.   The home has a length not exceeding three times its width;

     B.   The pitch of the home's roof has a minimum vertical rise of one foot for each
          five feet of horizontal run, and the roof is finished with a type of shingle that is
          commonly used in standard residential construction;

     C.   The exterior siding consists of wood, hardboard, or aluminum (or covered or
          painted, but in no case exceeding the reflectivity of gloss white paint)
          comparable in composition, appearance, and durability to the exterior siding
          commonly used in standard residential construction;

     D.   A continuous, permanent masonry curtain wall, unpierced except for required
          ventilation and access, is installed under the home after placement on the lot
          and before final occupancy; and,

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E.   The tongue, axles, transporting lights, and removable towing apparatus are
     removed after placement on the lot and before final occupancy.

3.2.5.3 Class “B” Mobile Homes

A.   Class "B" mobile homes may be located in all approved mobile home parks
     and mobile home park subdivisions with a zoning permit provided
     underpinning of all-weather base material is placed around the mobile home
     when located in a mobile home park subdivision. Further, Class "B" mobile
     homes may be located in accordance with the Permitted Uses Table.

B.   When land on which a Class "B" residential mobile home is located is
     acquired by a governmental agency for a public purpose and the remaining
     land is insufficient to support the mobile home, then the property owner may
     relocate the residential mobile home to any other area in the county zoned A
     or RA with a conditional use permit (the government entity acquiring the
     property is responsible for the conditional use permit fee).

C.   In the event that a building inspector has found a site built home as being
     unfit for human habitation, such dwelling unit may be replaced with a class B
     mobile home subject to the following:

     1.   A conditional use permit must be obtained from the Board of Adjustment.
          If granted, the conditional use permit shall be in the applicants name and
          shall not run with the land. The right to maintain a class B mobile home
          under these provisions shall not be transferred to another owner or
          occupant;

     2.   The conditional use permit shall be valid for one year and may be
          renewed annually by the Zoning Administrator provided the replacement
          home has not been completed. The administrator may renew the permit
          up to a maximum of four times after which the mobile home must be
          removed from the property;

     3.   The class B mobile home shall be removed within 30 days after the
          replacement home is occupied; and,

     4.   The class B mobile home shall meet the following appearance criteria:

          a.   Roofing material: the roofing material must be compatible with
               residential construction within the area in which it is to be located;

          b.   Exterior finish: the exterior materials shall be of a color, material
               and scale comparable with those existing in residential construction
               and in no case shall the degree of reflectively of exterior finishes

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                   exceed that of gloss white paint. Siding, trim and features should
                   be compatible with residential construction;

              c.   The wheels shall not be removed;

              d.   Transportation lights shall be removed; and,

              e.   The mobile home shall be underpinned with removable materials to
                   allow easy removal of the mobile home from the lot.

    3.2.5.4 Additional Requirements

    A.   Any mobile home which is located in the county for any purpose whatsoever
         except for approved temporary storage of the unit must be anchored and tied
         down or otherwise secured according to the manufacturer's standards of the
         North Carolina Department of Insurance.

    B.   Mobile homes, attached, and detached structures shall be tied down onto
         block piers with anchors according to the manufacturer's standards or the
         standards of the North Carolina Department of Insurance, and in no case
         shall be placed upon a permanent foundation in any mobile home park or
         other location where the location of individual mobile home units is not made
         with reference to individual lot lines which are shown on a plat approved by
         the county.

    C.   Before any mobile home is located on any lot, tract or parcel, the following
         permits must be obtained:

         1.   Improvements permit from County Sanitarian;

         2.   Zoning permit from the administrator; and,

         3.   Mobile home location permit from the Planning Department.


3.2.6 Multi-Family (townhomes, condos, apartments, duplexes, conversions)

    3.2.6.1 Use

    A.   Multi-family and two-family residences are permissible in accordance with the
         Permitted Uses Table.

    B.   Multi-family and two-family residences may be located only on lots fronting on
         a state maintained road or a street constructed to meet state standards and
         offered for dedication to the state.

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          3.2.6.2 Dimensional Requirements
          Lots in multi-family residential developments as allowed in the Permitted Uses
          Table shall meet the following minimum dimensional requirements:


 Number of                       Minimum Size                   Minimum Yard Requirements                  Max.
Dwelling Units                                                                                            Height
                                    Min. Lot    Min. Lot       Front         Side           Rear         Structure
                     Min. Lot        Width       Width        Setback       Setback        Setback        Height
                       Size         (overall)   (units)         (ft.)         (ft.)          (ft.)          (ft.)
      2              80,000 sf      125 feet    16 feet          20            15             25             35

     3-7            106,000 sf      125 feet    16 feet    20 (exterior)       20             25            35
                     +5,000 for                                             (exterior)     (exterior)
                        each                               40 (building
                     additional                            separation)     20 (building   40 (building
                    unit up to 7                                           separation)    separation)
                        units
     8+             133,000 sf      125 feet    16 feet    20 (exterior)       20             25            35
                    plus 17,000                                             (exterior)     (exterior)
                      for each                             40 (building
                    unit over 8                            separation)     20 (building   40 (building
                        units                                              separation)    separation)

          A.    In determining the number of dwelling units permissible on a tract of land
                fractions shall be dropped.

          B. No accessory structure shall be less than ten feet from another structure.

          C. No two units or structures shall be considered attached unless such units or
             structures share at least five feet of common wall.

          D. No improved recreation area shall be located within required exterior setbacks
             or within 20 feet of any dwelling unit.

          E. No building shall exceed a length of 160 feet.

          F. 30 percent of the area shall be reserved as common open space.

          G. A building that, (i) was in existence prior to April 1, 1985 and, (ii) contained at
             least 2,000 square feet of heated floor area may be converted into a multi-
             family or two-family dwelling in accordance with the Permitted Uses Table
             without regard to the minimum lot size requirements of this Section, but subject
             to the following:

               1.   The off-street parking requirements of Chapter 8 must be satisfied;



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        2.   If the lot does not contain the minimum number of square feet required,
             the building may not be enlarged in the conversion process to an extent
             greater than ten percent of the heated floor area of the original building;

        3.   The building may not contain more than nine bedrooms and no more than
             six dwelling units.

3.2.7 Temporary Emergency, Construction or Repair Residences

A.   Temporary residences used on construction sites of nonresidential premises shall
     be removed immediately upon the completion of the project.

B.   Permits for temporary residences to be occupied by persons intending to live in
     such permanent residence pending the construction, repair, or renovation of the
     permanent residential building on a site shall expire within six months after the
     date of issuance, except that the administrator may renew such permit for one
     additional period not to exceed three months if he determines that such renewal is
     reasonably necessary to allow the proposed occupants of the permanent
     residential building to complete the construction, repair, renovation or restoration
     work necessary to make such building habitable.

C.   Temporary emergency, construction, or repair residences shall consist of campers,
     travel trailers, recreational vehicles and Class "B" mobile homes.

3.2.8 Temporary Class B Mobile Homes (Conditional Use Permit Only)
A Class B mobile home as a temporary use shall be used for the principal residence of
an immediate family member of the applicant (grandparent, parent, child, or grandchild)
or health care provider when a certified physician deems such services are necessary
or in the event that a building inspector has found a site built home as being unfit for
human habitation, such dwelling unit may be replaced with a Class B mobile home
subject to the following:

A.   The lot on which the mobile home is to be placed must be owned by the applicant,
     must be the same lot on which the applicant's principle residence is located and
     must contain a minimum of three acres or may be located on an abutting lot
     provided both lots are owned by the applicant, one of the two lots contain the
     applicant's principle residence and both lots meet the minimum dimensional
     requirements of the district in which they are located.

B.   A conditional use permit may be granted by the Board of Adjustment and shall
     expire one year from the date of its issuance and may be renewed by the
     administrator provided an application for renewal is filed prior to expiration of the
     conditional use permit and the conditions under which the conditional use permit
     was originally issued have not changed. The administrator may renew the permit
     up to a maximum of four times after which the mobile home must be removed from
     the property. However, when the mobile home is located on the property due to
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     health care related purposes as deemed necessary by a certified physician, then
     the mobile home may remain on the lot so long as the medical condition exists and
     the administrator shall renew the permit every two years to ensure compliance with
     this provision.

C.   The wheels shall not be removed.

D.   The temporary Class B mobile home shall meet the following appearance criteria:

     1.   The roofing material must be compatible with residential construction within
          the area in which it is to be located;

     2.   The exterior materials shall be of a color, material and scale comparable with
          those existing in residential construction and in no case shall the degree of
          reflectively of exterior finishes exceed that of gloss white paint. Siding, trim
          and features should be compatible with residential construction;

     3.   Transportation lights shall be removed; and,

     4.   The mobile home shall be underpinned with removable materials to allow
          easy removal of the mobile home from the lot.


Section 3.3 Civic and Government Uses

3.3.1 Security Training Operations and Services Facilities (Special Use Permit
only) (PB 08-54, 12/15/08)
A minimum lot size for this use shall be 3,500 contiguous acres. All areas within the
proposed Security Training Operations and Services Facility, including but not limited to
firing area(s), backstops, downrange safety zones, parking and accessory areas,
parachute landing zone, driver training area, etc. shall be under uniform control or
ownership. The Security Training Operations and Services Facility shall also be subject
to the following requirements:

A.   Firearms and Explosive Training

     1.   The design criteria for all firearms ranges cited in the Military Handbook –
          Range Facilities and Miscellaneous Training Facilities other Than Buildings
          (MIL-HDBK-1027/3B), as amended or superseded shall be met.

     2.   The proposed firearms ranges shall be reviewed by and comments received
          from the Currituck County Sheriff’s Department.

     3.   No firing or explosive training activities shall occur prior to 7 a.m. or after 10
          p.m. EST daily Monday through Saturday and on Sundays prior to 9 a.m. or

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        after 10 p.m. EST. No firing or explosive training activities shall occur on
        Christmas Day.

   4.   The immediately adjacent areas to the proposed training areas and ranges
        shall be predominately undeveloped and shall be at least 5,280 feet (one
        mile) from any property line located in Currituck County regardless of the
        direction of fire and operated in compliance with the Currituck County Noise
        Ordinance.

   5.   The maximum downrange safety area for each range and shooting area shall
        be essentially fan-shaped, with its vertex being 100 meters each side of the
        end firing point and extending to the maximum range of the type of firearm
        being used as shown on Table 4 of the MIL-HDBK-1027/3B, 10 degrees from
        the firing line, plus an additional 100 meters running parallel to the 10 degree
        line, as shown in Figure 2.2-1 of MIL-HDBK-1027/3B. The safety area shall
        not encompass any public right-of-way or other property not owned by range
        operator or owner.

   6.   Weapon types will be restricted to pistol, rifle and shotgun, or similar. No
        automatic assault type weapon shall be used by the general public but will be
        allowed by any law enforcement, military or federal agency group duly
        authorized to use these style weapons. Limits on caliber size shall be in
        accordance with the MIL-HDBK-1027/3B subject to the physical constraints of
        the property.

   7.   Concussion type explosives will be permitted for use by law enforcement,
        military or federal agency group duly authorized to use these types of
        explosives.

   8.   Military, para-military or militia type activities or maneuvers, including but not
        limited to hand-to-hand combat training, maritime training, swamp, or guerilla
        warfare techniques, incendiary type firings, infiltration course type training,
        etc. permitted for use by law enforcement, military or federal agency groups
        only.

   9.   All actual firing activities will be directed toward either moving or stationary
        targets only.

   10. Any overnight or temporary storage of weapons, ammunition and explosives
       shall meet the Department of Defense storage and stand-off safety standards.

   11. In no case shall any explosive material be stored, either inside or outside a
       “magazine,” closer than 1,250 feet to a property line or dwelling unit and 300
       feet to any roadway.


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     12. The maximum amount of explosives on-site at any one time shall not exceed
         100 pounds stored and 10 pounds utilized during any one evolution.

     13. A listing of the type, amount, and physical location of all explosive material
         shall be provided by the applicant to the county annually at the special use
         renewal hearing.

     14. The County Fire Marshal shall be authorized by the applicant to inspect the
         site and shall not be required to give advance notice of his inspection date for
         the purpose of determining compliance with all required permits and
         regulations including but not limited to: Alcohol, Tobacco and Firearms
         (ATandF) permits, National Fire Protection Association standards, Volume 5
         of the NC State Building code (Fire Prevention Code), and local ordinances.
         The facility shall be inspected annually for the first three years and thereafter
         a minimum of once every five years. Additionally, upon receipt of a formal
         complaint regarding the use of the firearms ranges, the administrator shall be
         authorized by the applicant to request range logs or records for review, which
         must be provided in a timely manner.

     15. The facility and all individuals working with explosives within the facility shall
         be certified and permitted by Alcohol, Tobacco and Firearms (ATandF) to
         conduct such operations in compliance with its permits.

B.   Driver Training and Vehicle Maintenance

     1.   The immediately adjacent areas to the driver training area shall be
          predominately undeveloped and shall be at least 5,280 feet (one mile) from
          any property line located in Currituck County and operated in compliance with
          the Currituck County Noise Ordinance.

     2.   Burning of non-vegetative matter and disposal of toxic/hazardous matter is
          prohibited.

     3.   Stockpiling of tires and vehicles is prohibited.

     4.   No driver training is permitted on any public road and all driver training may
          only be conducted in clearly marked designated driving areas.

C.   Rotary and Fixed-Wing Aircraft Operations and Parachute Operations

     1.   Any training or operations involving rotary or fixed wing aircraft shall comply
          with FAA Part 91 and any and all other applicable FAA regulations or any
          other applicable state or local ordinance that governs the use and operation
          of rotary and fixed wing aircraft.

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     2.   Any and all parachute operations shall comply with FAA Part 105 and any
          and all other applicable FAA regulations or any other applicable State or local
          ordinance that governs parachute operations, including any and all federal,
          state or local rules and regulations related to a parachute landing zone.

D.   Dining Facility and Lodging
     1. Construction of dormitory type structures to house not more than 120 persons
          at any one time shall be permitted to provide overnight accommodations to
          those people training at the Security Training Operations and Services
          Facility; provided that all state, county and relevant agency permits, approvals
          and licenses are obtained in connection with the construction and operation of
          such structure.
     2. All state, county and relevant agency permits, approvals and licenses must be
          obtained in connection with the operation of a dining facility.
     3. Sleeping and dining accommodations to persons not utilizing or otherwise
          associated with the Security Training Operations and Services Facility shall
          not be permitted.

E.   Miscellaneous
     1. The site or area used as a Security Training Operations and Services Facility
         shall be enclosed by a six foot fence or otherwise restricted by natural
         physical features (i.e. swamps, bodies of water, canals, and large expanses
         of densely vegetated areas, etc.) so that access to the site is controlled to
         insure the safety of patrons, spectators and the public at large. Warning signs
         shall be posted along access points.
     2. The special use permit is non-transferable and will be reviewed annually for
         the first three years after approval and then every five years thereafter.
     3. The special use permit does not waive any requirement for compliance with
         any applicable federal, state and local rules, regulations, permits, and other
         required licenses and permits to conduct any of the aforementioned
         operations or to construct any building or improvement.
     4. The operators of a Security Training Operations and Services Facility must
         provide proof of coverage by adequate accident and liability insurance
         companies. A minimum coverage of $2,000,000 shall be established.
     5. That any activity not specifically mentioned within the foregoing shall be
         prohibited.


Section 3.4 Institutional Uses

3.4.1 Cemeteries, Family and Church
Cemeteries that are not subject to the North Carolina Cemetery Act, including family
cemeteries and church cemeteries, are permitted in all zoning districts in accordance
with the following requirements:


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A.   Lots proposed to be used for a family or church cemetery shall be a minimum of
     two acres in size. The cemetery site located within the lot has no minimum area
     requirement.

B.   The following dimensional requirements shall be met:

                               Dimension                        Requirement
                          Min. Road Frontage                      125 feet
                Burial Plot Setback from Local Roads              20 feet
                   Burial Plot Setback from Arterials              50 feet
          (US158, NC168, NC34, NC136, NC615, and NC12)
                    Burial Plot Setback from Sides                 15 feet
                     Burial Plot Setback from Rear                 25 feet
            Burial Plot Setback from Potable Water Supply          50 feet
             Burial Plot Setback from CAMA Water Body              75 feet

C.   The property owner shall provide a road or path for the purpose of access to and
     from the cemetery.

D.   The cemetery shall not be owned or operated as a business for profit.

E.   The cemetery shall be maintained in conformance with the Code of Ordinances,
     section 9-7 Certain Conditions Declared Nuisance.

F.   The applicant requesting to establish or enlarge a family cemetery shall submit the
     following minimum information on the site plan:

     1.   lot dimensions;

     2.   all property line setback requirements;

     3.   all existing physical features (structures, buildings, streets, roads, grave sites,
          etc.);

     4.   location and dimension of cemetery boundaries; including number of grave
          sites or burial plots;

     5.   location and dimension of the road or path used to access the family
          cemetery;

     6.   location of all potable water supplies within 50 feet of the family cemetery;
          and,

     7.   location of all water bodies and major drainage ways (sounds, creeks, river,
          canals, etc.) within 75 feet of the family cemetery.


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 G.    The site plan as approved by the Planning Department showing the location of
       and access to the cemetery shall be recorded with the Register of Deeds as an
       addendum to the deed for the subject property.


Section 3.5 Office and Service Uses

3.5.1 Animal Services (no outdoor kennels)

A.    The operation shall observe the Currituck County Noise Ordinance (Chapter 9,
      Article II- Noise Control Ordinance).

B.    The minimum lot size for this use shall be two acres.

C.    All fenced runs or training areas maintain a 25 foot setback from the property line
      and 50 foot setback adjacent to any existing single family dwellings.

D.    Runs and training areas must have at least six foot high fences completely
      surrounding them.

E.    All gates and entrances to the runs, kennel, and training area must be kept locked
      when not in use and maintained in escape-proof condition.

F.    The maximum number of dogs on site shall not exceed 20 dogs at any time.


3.5.2 Animal Services (with explosives training) (Special Use Permit only)

A.    The minimum lot size for this use shall be 20 acres.

B.    In no case shall any explosive material be stored, either inside or outside a
      “magazine,” closer than 400 feet to a property line or dwelling unit and 300 feet to
      any roadway.

C.    The maximum amount of explosives for K-9 training at any time shall not exceed
      100 pounds.

D.    A listing of the type, amount, and physical location of all explosive material shall be
      provided by the applicant to the county annually at the special use renewal
      hearing.

E.    The County Fire Marshal shall be authorized by the applicant to inspect the site
      and shall not be required to give advance notice of his inspection date for the
      purpose of determining compliance with all required permits and regulations
      including but not limited to: Alcohol, Tobacco and Firearms (ATandF) permits,
      National Fire Protection Association standards, Volume 5 of the NC State Building
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                    Currituck County Unified Development Ordinance
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     Code (Fire Prevention Code), and local ordinances. The facility shall be inspected
     annually for the first three years and thereafter a minimum of once every five
     years.

F.   The facility and all individuals working with explosives within the facility shall be
     certified and permitted by ATandF to conduct such operations in compliance with
     its permits.

G.   The maximum number of dogs on the site shall not exceed 40 at any time.

H.   The special use permit, which may or may not be granted by the Board of
     Commissioners, is non-transferable. The permit will be reviewed annually for the
     first three years and then every five years thereafter.

3.5.3 Automobile Services and Repair

A.   All wrecked vehicles and parts shall be visually screened from exterior property
     lines and right of ways.

3.5.4 Bed and Breakfast Inns in Residential Districts (Conditional Use Permit only)

A.   A bed and breakfast inn shall take place within a building that, before November 5,
     1984, was designed and used as a single-family detached dwelling and consist of
     a single dwelling unit together with the rental of one or more dwelling rooms on a
     daily or weekly basis to tourists, vacationers, or similar transients, where the
     provision of meals, if provided at all, is limited to the breakfast meal.

B.   A bed and breakfast inn shall be operated primarily by persons who reside within
     the dwelling unit, with the assistance of not more than the equivalent of one, full-
     time employee.

C.   The building that houses the dwelling unit may not be expanded by more than ten
     percent of its original floor area, nor may rooms for rent be added onto or created
     within accessory buildings.

D.   Not more than one sign advertising the existence of a bed and breakfast operation
     may be erected on the lot where such a use is located. No side of this sign may
     exceed six square feet in surface area nor be located within a street right-of-way.
     The sign may not be internally illuminated.

3.5.5 Hotels/Motels

A.   In no case may the number of lodging units exceed the number per acre indicated
     as follows:


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                   Currituck County Unified Development Ordinance
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     1.   In the GB zoning district there shall be a maximum of 40 lodging units per
          acre; and,

     2.   In the C and LBH zoning districts there shall be a maximum of 20 lodging
          units per acre.

3.5.6 Marinas (Conditional Use Permit only)

A.   Marinas shall be planned in such a manner as to minimize the risk of water
     pollution.

B.   Marinas shall be located in areas where there is a high rate of water "turnover" (the
     time required for tidal action or water flow to replace water of a boat basin with new
     water from another source). Ideally, marinas should have a water turnover rate of
     two to four days.

C.   Marinas in upland areas shall be encouraged.

D.   Marina access channels shall be designed to maximize circulation and avoid dead-
     end spots.

E.   Marina designs must incorporate facilities for the proper handling of sewage,
     waste, and refuse.

F.   Marinas shall minimize alteration of existing shoreline configurations and
     disturbance of vital habitat areas.

G.   Dredging operations shall not occur during critical periods of fish migration and
     breeding.

H.   The method of dredging shall be chosen that will have the least environmental
     impact, and all dredged materials shall be placed in a manner so as not to pollute
     surrounding areas.

I.   Proposals for marina development shall be accompanied by a modeling study
     indicating expected flushing where applicable.


3.5.7 Professional Offices in Residential Districts (Conditional Use Permit only)

A.   The proposed use must front on a paved public street except in the RO2 district.

B.   The size, scale, and nature of the proposed use do not make it incompatible with
     surrounding residential uses. In making this determination, it shall be recognized
     that the primary intent of this section is to allow the kinds of small scale,
     professional offices that have traditionally been permitted in residential districts
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                   Currituck County Unified Development Ordinance
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     along major thoroughfares in Currituck County, such as the individual offices of
     doctors, attorneys, and real estate brokers. This section is not intended to
     authorize in residential districts general office buildings rented to multiple tenants.

3.5.8 Tattoo and Body Piercing Studios

A.   Definitions:

     1.   Body piercing studio: any establishment or business wherein body piercing is
          practiced.   Specifically excluded from this definition are retail jewelry
          businesses offering ear piercing as a complimentary service.

     2.   Tattoo studio: any establishment or business engaged in the business or
          practice of dyeing, staining, or producing scars in, on, or under the living
          human skin.

B.   Tattoo and Body Piercing Studios shall be subject to the following restrictions:

     1.   Tattoo and body piercing studios may be located only in a GB, C, LM, or HM
          zoning district provided a conditional use permit is obtained.

     2.   No Tattoo or body piercing studio shall be permitted in any building:

          a.   Located within 500 feet in any direction from a building in which a
               sexually oriented business is located.

          b.   Located within 500 feet in any direction from a building used as a
               church, synagogue, or other house of worship.

          c.   Located within 500 feet in any direction from a building used as a public
               school or as a state licensed day care center.

          d.   Located within 500 feet in any direction from any lot or parcel on which a
               public playground, public swimming pool, or public park is located.

     3.   Except for signs as permitted in Chapter 7, promotional displays and
          presentations shall not be visible to the public from sidewalks, walkways, or
          streets.

     4.   Determination of parking requirements shall be the responsibility of the zoning
          administrator who shall use the table found in Chapter 8 as a guide.

C.   Any tattoo and/or body piercing studio lawfully operating on the effective date of
     this ordinance, that is in violation of this ordinance shall be deemed a
     nonconforming use. Any use, which is determined to be nonconforming by
     application of the provisions of this section, shall be permitted to continue for a
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     period not to exceed two years. Such nonconforming uses shall not be increased,
     enlarged, extended, or altered except that the use may be changed to a
     conforming use. If a nonconforming use is discontinued for a period of 180 or
     more it shall not be reestablished. If two or more tattoo and/or body piercing
     studios are within 500 feet of one another and otherwise in a permissible location,
     the business which was first established and continually operating at its present
     location shall be considered the conforming use and later-established business(es)
     shall be considered nonconforming. A tattoo and/or body piercing studio lawfully
     operating as a conforming use shall not be rendered nonconforming by the
     subsequent location of a church, house of worship, day care center, school,
     playground, public swimming pool, or pubic park within 500 feet of the body
     piercing studio and/or tattoo studio.

3.5.9 Taxi Service (PB 08-55, 5/18/09)

A. The following special requirements shall apply in the GB, C, and LBH Districts:

     1.   The taxi shall display no form of advertising other than that of the taxi
          company itself.

     2.   When not in service, vehicles shall be stored in a secure compound, fully
          enclosed with a fence and gate. The compound surface area shall be paved
          or graveled to not less than three inches deep and compacted and graded for
          proper drainage.

     3.   The taxi service compound shall be fully screened from adjacent rights-of-way
          and residentially zoned properties using a combination of opaque fencing
          and/or evergreen plant materials.

B.   The following special requirements shall apply in the A District:

     1.   The use shall not disturb or intrude on the residential character of the
          surrounding neighborhood.

     2.   No more than two motor vehicles associated with the taxi service shall be
          permitted on the subject property.

Section 3.6 Retail Uses

3.6.1 Automotive/Boat/Heavy Equipment/Manufactured and Modular Home Sales
and Service (PB 08-49, 10/20/08)

A.   The following minimum dimensional requirements shall apply:



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                    Dimension                          Requirement
                   Min. Lot Area                     40,000 square feet
               Min. Road Frontage                         125 feet
            Front Display Area Setback                     20 feet
            Side Display Area Setback                     10 feet
            Rear Display Area Setback                      25 feet

B.   No vehicle or boat shall be stored or displayed within the right-of-way of any public
     street.

C.   All outdoor vehicle and boat display areas shall be graded and paved with concrete
     or asphalt.

D.   All major repairs shall be within enclosed buildings. For the purposes of this
     section “major repairs” shall be defined as any disassembling of the engine or
     drive-train or the changing of petroleum based fluids or the removal or assembly of
     sheet metal or fiberglass.

E.   A minimum of 20 percent of the vehicle or boat display areas shall be allocated for
     the landscaping of the site. This provision shall exempt the requirements of
     Chapter 5 when a landscaping plan demonstrating compliance with this section
     has been approved by the permit issuing authority.

F.   Once authorized, the conditional use permit can be transferred.




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G.   Wrecked, damaged or inoperable vehicle, boat, heavy equipment, or manufactured
     home storage areas shall be located behind the principal structure and shall not be
     visible from any public right-of-way.

H.   Designated parking areas for customers and employees shall be provided in
     accordance with Chapter 8.

I.   Permanent restroom facilities shall be provided in accordance with NC Building
     Code.

J.   No accessory buildings or storage shall be located between the public right-of-way
     and principle building on the site.

K.   There shall be no above ground or below ground storage facilities intended for
     hazardous vehicular fluids greater than 550 gallons on the site.

L.   When adjacent to a residential use an exterior lighting plan shall be submitted and
     approved prior to issuance of any required permit. The lighting of the parking
     areas and buildings shall meet the requirements of Chapter 9, Lighting
     Requirements for Nonresidential structures greater than 20,000 square feet.


3.6.2 Flea Markets (Conditional Use Permit only)

A.   Flea markets are open at least 3 days within a 90 day period.

B.   Off street parking shall be provided with a minimum of three spaces per stand or
     rented space.

C.   Sanitary facilities shall be provided with facilities for both the male and female
     gender.

D.   There shall be provisions for garbage or trash removal for each day such flea
     market is open to the public.

E.   Hours of operation shall be determined by the Board of Adjustment.

F.   All rental spaces and buildings shall maintain a 50 foot setback from all
     residentially used property lines and meet the setbacks for principle uses along all
     other property lines.

3.6.3 Shopping Centers (Special Use Permit only)

     3.6.3.1 Use
     All uses permitted in the zoning district in which the shopping center is located are
     also permitted in a shopping center.
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   3.6.3.2 Dimension and Location Requirements

   A.    The minimum tract size shall be four acres.

   B.    The maximum lot coverage shall be 65 percent of the tract inclusive of any lot
         located within the development.

   C.    The side and rear lot boundary setbacks for buildings and all other uses of
         property (i.e. parking, storage, mechanical equipment, etc.) shall be 20 feet
         except where provisions of this code require greater setbacks. Setbacks do
         not apply to side and rear lot lines located within the interior of the tract
         provided all fire codes are met and all lots are provided with adequate utility
         easements.

   D.    Driveways shall be provided as follows. These provisions apply to the
         boundaries of the original tract and are inclusive of any out parcels created.
         Further, depending upon the traffic impact analysis, deceleration lanes may
         be required. All accesses shall be located in such a way as to prevent traffic
         hazards, congestion or other negative impacts.

                  Length of                                Max. Number of Driveways
               Street Frontage                                 per Street Frontage
              Less than 600 feet                                          1
                 600-800 feet                                             2
              More than 800 feet                                          3
                                                          (original tract not a corner lot)

   E.    Driveways shall meet the following dimensional criteria:

                   Criteria                                         Dimension

                   Max. Width                                         36 feet
        Distance from Street Intersections                           150 feet
           Setback from Property Line                                 50 feet
   Distance between Access Driveways to Site                         400 feet
                                                  (may be reduced to 150 feet when driveways
                                                  are aligned with existing streets or driveways)

   3.6.3.3 Additional Requirements

   A.    The tract shall be separated from adjoining streets by a curb, otherwise
         known as an access barrier.

   B.    These provisions apply to the boundaries of the original tract and are
         inclusive of any out parcels created. Further, depending upon the traffic
         impact analysis, deceleration lanes may be required. All accesses shall be


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     located in such a way as to prevent traffic hazards, congestion or other
     negative impacts.

C.   All parking areas and access ways shall be floodlighted at night during
     business hours. All outside lighting shall be arranged and shielded to prevent
     glare or reflection, nuisance, inconvenience, or hazardous interference of any
     kind on adjoining streets or residential properties.

D.   Traffic Impact Analysis: a traffic impact analysis shall be submitted containing
     the following information:

     1.   General site and land use description;

     2.   The number of trips to be generated; the volume of existing/background
          traffic on roads adjacent to and within one-half mile of the tract; the
          heaviest hourly volume of traffic expected to be generated by the site;
          and the volume ratio of inbound and outbound trips to the site;

     3.   Directional distribution of the vehicle trips;

     4.   Assignment of vehicle trip volumes to the roadway network; and,

     5.   Capacity analysis to include among other things a discussion on traffic
          volumes, driveway locations, spacing between intersection signals,
          thoroughfare plans, internal traffic flow and parking layout, pedestrian
          access, steps taken to alleviate traffic circulation problems and any other
          information as deemed necessary by the administrator.

E.   A market analysis shall be submitted containing the following information:

     1.   Trade area of the proposed shopping center;

     2.   Population of the trade area, present and projected;

     3.   Effective buying power in the trade area; and,

     4.   Net potential customer buying power for stores in the proposed shopping
          center and on the basis of such buying power, the recommended store
          types and store floor area.




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Section 3.7 Recreation and Entertainment Uses

3.7.1 Adult Establishments (Special Use Permit only) (PB 09-02, 3/2/09)

A.   The provisions of these regulations are adopted by the Currituck County Board of
     Commissioners under authority granted by the General Assembly of the State of
     North Carolina, in Chapter 153A, (45-50) and further Article VI of Chapter 153A,
     Section 135 of the General Statutes. From and after the effective date of
     September 19, 1994, these regulations shall apply to every building, lot, tract, or
     parcel of land within Currituck County. For the purpose of promoting the health,
     safety, morals and general welfare of the citizenry of Currituck County, these
     regulations are adopted by the Board of Commissioners to regulate adult
     establishments and sexually oriented businesses, as hereby defined, located in
     Currituck County. Further, these regulations have been made with reasonable
     consideration among other things, as to the character of the county and its areas
     and their peculiar suitability for these businesses.

B.   These regulations shall not repeal, impair, abrogate, or interfere with any existing
     easements, covenants, deed restrictions, setback requirements, rules, definitions,
     regulations previously adopted pursuant to law in any established zoning district in
     Currituck County. However, where these regulations impose greater restrictions,
     the provisions of these regulations shall govern.

C.   For the purpose of these regulations Adult Establishments and Sexually Oriented
     Businesses as defined in Chapter 17: Definitions shall apply.

D.   Adult establishments and sexually oriented businesses shall be subject to the
     following restrictions:

     1.   Adult establishments may be located only in an HM (Heavy Manufacturing)
          zoning district provided a special use permit is obtained.

     2.   No adult establishment shall be permitted in any building:

          a.   Located within 1500 feet in any direction from a building used as a
               residential dwelling and any R and RA zoning district.

          b.   Located within 1500 feet in any direction from a building in which an
               adult establishment or a sexually oriented business is located.

          c.   Located within 1500 feet in any direction from a building used as a
               church, synagogue, or other house of worship.

          d.   Located within 1500 feet in any direction from a building used as a public
               school or as a state licensed day care center.

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          e.   Located within 1500 feet in any direction from any lot or parcel on which
               a public playground, public swimming pool, or public park is located.

     3.   Except for signs as permitted in Chapter 7, promotional displays and
          presentations shall not be visible to the public from sidewalks, walkways or
          streets.

     4.   Determination of parking requirements shall be the responsibility of the zoning
          administrator who shall use the table found in Chapter 8 as a guide (i.e. adult
          motion picture theaters shall provide parking as is required for other motion
          picture theaters; adult businesses shall provide parking as is required for
          dance halls, bars and nightclubs, etc.).

E.   Any adult establishment or sexually oriented business lawfully operating on
     September 19, 1994, which is in violation of this ordinance shall be deemed a
     nonconforming use. Any use which is determined to be nonconforming by
     application of the provisions of this section shall be permitted to continue for a
     period not to exceed two years. Such nonconforming uses shall not be increased,
     enlarged, extended, or altered except that the use may be changed to a
     conforming use. If a nonconforming use is discontinued for a period of 180 days or
     more it shall not be reestablished.




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F.   If two or more adult establishments or sexually oriented businesses are within
     1500 feet of one another and otherwise in a permissible location, the business
     which was first established and continually operating at its present location shall be
     considered the conforming use and the later-established business(es) shall be
     considered nonconforming.

G.   An adult establishment or sexually oriented business lawfully operating as a
     conforming use shall not be rendered nonconforming by the subsequent location of
     a church, house of worship, day care center, school, playground, public swimming
     pool, or public park within 1500 feet of the adult business and sexually oriented
     business.

3.7.2 Campgrounds, Recreation (Special Use Permit only)

     3.7.2.1 Use
     The following uses are permitted in Campgrounds, Recreational:
     A. Use of transportable recreational housing not intended for long term
          occupancy or dwelling units.

     B.   One accessory building (not to exceed 100 square feet) may be erected per
          camper lot provided district setbacks are met.

     C.   Establishments for the sale of rental of supplies or for provisions of services,
          for satisfaction of daily or frequent needs of campers, within the district may
          be permitted. Such establishments include those providing groceries, ice,
          sundries, bait, fishing equipment, self-serving laundry equipment and the like,
          but not sale of designed to serve only the needs of campers within the
          campground, but shall not, including their parking areas, occupy more than
          two percent of the area of the campground and shall not be so located as to
          attract patronage from outside the grounds, nor to have adverse effects on
          surrounding land uses.

     D.   The following uses will be allowed on platted camper lots within the county
          provided all lots are serviced by either a private or county operated central
          water and sewer system:

          1.   One camper lot - uses allowed include one camper (sited in the center of
               the lot); a raised walkway (maximum width not to exceed five feet) will be
               allowed provided proper county setback minimums can be maintained;
               one accessory building (not to exceed 100 square feet) may be erected
               provided proper county setback minimums can be maintained; canvas
               awnings shall be allowed; no permanent additions shall be allowed,
               temporary additions such as roll-up canvas awnings shall be allowed
               provided proper county minimum setbacks can be maintained; proper
               CAMA permits must be obtained, if necessary; accessory buildings shall
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              be located to the rear of the primary structure or camper; open air decks,
              those without roofs or walls, will be allowed up to a maximum of 100
              square feet provided all county setbacks are maintained;

        2.    Two camper lots - uses allowed will be the same as for one camper lot, if
              lots are used separately. If lots are used jointly, as one lot, uses
              permitted shall include one camper, site built homes, modular homes,
              class "A" and class "B" mobile homes (up to two bedroom limit),
              accessory buildings (of any size), screened or unscreened porches,
              walkways and decks provided all county minimum setbacks are met, lot
              coverage shall not exceed 35 percent and proper CAMA permits shall be
              obtained, if necessary; additions to site built homes, modular homes and
              mobile homes such as rooms or accessory buildings will be permitted
              provided they do not increase the number of bedrooms or bathrooms;
              accessory buildings shall be located to the rear of the primary structure
              or camper;

        3    Three camper lots - uses allowed will be the same as for two camper lots
              with the following exception: site built modular or class "A" or "B" mobile
              homes will be allowed with a three bedroom maximum; and,

        4    All building permit requests for a principal structure, or room additions to
             a principal structure, must be accompanied by a certificate of use issued
             by the applicable sanitation district or organization managing the sewage
             treatment, stating there is adequate sewage treatment available for this
             structure.

        5     All permanent structures located on a camper lot prior to November 7,
              1989, may continue and be maintained in good condition. Any damage
              equaling 25 percent or more of the total structure's replacement cost
              may be replaced only in compliance with the requirements of this section
              and shall not be subject to the replacement provisions of Chapter 16.

   3.7.2.2 Dimensional Requirements

   A.   The minimum area for creation of a recreational campground shall be ten
        acres under single ownership or control. At the opening of any recreational
        campground for occupancy by units, all required facilities and improvements
        shall have been completed.

   B.   The minimum number of spaces available and ready for occupancy shall be
        20. The minimum size for a single camper space shall be 3,000 square feet.

   C.   Lot coverage shall not exceed 35 percent and proper CAMA permits shall be
        obtained.

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     D.   Not less than eight percent of the area of the recreational campground shall
          be devoted to recreational area. Such recreation area may include space for
          common walkways and related landscaping in block interiors provided that
          such common open space is at least 20 feet in width, as passive recreation
          space, but shall include at least half of the total required recreational area in
          facilities for active recreation such as swimming pools or beaches, ball fields,
          shuffleboard courts, play lots for small children and the like, of a nature so
          designed to serve the type of campers anticipated and so located as to be
          readily available from all spaces and free from traffic hazards.

     E.   No camper larger than 8’ x 40’ including the tongue will be located on a
          designated camper lot.

     F.   All camper sites will be permitted to have up to a maximum 100 square foot
          platform 12 inches or less in height from the existing grade except for
          handicap accessibility.

     3.7.2.3 Additional Requirements

     A.   Campers may be parked or stored on any lot, tract or parcel with an
          established dwelling in any zoning district, or in an approved campground, or
          approved camper storage lot, provided such equipment shall not be used for
          overnight occupancy or as a dwelling unit.

     B.   Additions to campers are not permitted, nor may campers be used as an
          addition to any structure.

     C.   Campers may not have wheels removed and be blocked so as to make it a
          permanent structure, nor will underpinning be allowed.

     D.   An approved sewage disposal system shall be provided in all campgrounds
          that are designed for campers or that allow use by campers.

     E.   Camping is a permitted use of land only in camper subdivisions and
          recreational campgrounds.


3.7.3 Recreation Grounds (Special Use Permit only)
Recreation grounds (not including Campgrounds, Recreation) may be permitted
provided that the following conditions are met:

A.   The recreation ground must be operated by a non-profit organization.

B.   Minimum area for creation of a recreation ground shall be 20 acres under single
     ownership or control.

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C.   Cottages, cabins or dormitory buildings must be constructed of such a nature that
     they will not be feasibly adaptable for year round occupancy.

D.   The minimum size of cottage, cabin or dormitory building shall be not less than 640
     square feet.

E.   There shall be a buffer of not less than 100 feet between all building and the
     nearest property line.

F.   The facilities shall not accommodate more than ten persons per acre for overnight
     occupancy.


Section 3.8 Industrial, Manufacturing, Warehousing, Wholesale, Distribution, and
Solid Waste Uses

3.8.1 Junkyards and Salvage Yards (Special Use Permit only)

A.   A junkyard may not be placed within 1000 feet of a primary highway right-of-way.

B.   Junkyards shall be screened so as not to be visible from (i) any state maintained
     road using a minimum six foot privacy fence; (ii) screening from adjacent
     residential or non-residential properties is also required.

C.   Burning of non-vegetative matter shall not be permitted.

D.   Disposal of garbage unrelated to motor vehicles shall be in an approved container
     and regularly maintained. Open dumping of garbage shall be prohibited.

E.   Disposal of toxic/hazardous matter is prohibited anywhere in the county without a
     state permit, and a conditional use permit from the county, in an approved site.

F.   Stock piling of tires and batteries is prohibited.

G.   Drainage of junkyards shall be adequate to assure that no standing water shall
     exist.

H.   Weeds and vegetation shall be kept at a height not to exceed 12 inches.

I.   Storage of vehicles shall be so arranged as to permit easy access to all such junk
     for fire fighting purpose.

J.   A Soil Erosion and Sedimentation Control Plan shall be submitted according to the
     North Carolina Erosion and Sedimentation Control Act and a copy must be kept on
     file in the administrator's office.

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3.8.2 Manufacturing, Light

A.   For all light manufacturing uses located within a commercial zoning district, the
     following shall apply:

     1.   Light manufacturing use must include retail sales on the premises.

     2.   Where the use abuts a residential use or a residential zone an opaque (Type
          A) screen shall be installed to shield neighboring property from the view of
          any building. If a fence is used to accomplish the opaque screen, evergreen
          vegetation shall be planted outside of the screen such that within six years
          the fence will not be visible from a distance of at least ten feet. A semi-
          opaque (Type B) screen shall be required along all street right-of-ways.
          Existing vegetation shall be preserved to the maximum extent possible.

     3.   Buffer and setback areas in the side and rear may not be used for parking.

     4.   No open storage shall be permitted. All materials, supplies or products shall
          be stored under roof or shall be screened from view with opaque fencing. This
          shall not apply to finished products presented in the open for display and sale.

     5.   The use shall not generate more noise, smoke, odor, fumes, vibrations or
          other disturbance than is characteristic of permitted business uses located
          within 1,000 feet in any direction when observed, measured, or monitored
          from the closest property line. In cases where such monitoring, measuring or
          observation is required, it shall be the responsibility of the applicant to provide
          adequate information to the Board of Adjustment.

B.   For all light manufacturing uses located within the A and RA Districts, the following
     shall apply:

     1.   No retail sales of products shall be permitted.

     2.   Structures shall be setback a minimum of 75 feet from any street right-of-way
          and 25 feet from all other property lines.

     3.   Within 500 feet of any building there are no residences that are occupied or
          held ready for occupancy or under construction on the day the permit is
          issued.

     4.   An opaque (Type A) screen shall be installed to shield neighboring property
          from the view of any building. If a fence is used to accomplish the opaque
          screen, evergreen vegetation shall be planted outside of the screen such that
          within six years the fence will not be visible from a distance of at least ten
          feet. A semi-opaque (Type B) screen shall be required along all street right-

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          of-ways. Existing vegetation shall be preserved to the maximum extent
          possible.

     5.   The proposed use will not require and will not allow truck pick-up or delivery
          traffic before 7:00 a.m. or after 7:00 p.m. All parking and loading areas shall
          be located on the side or rear of the structure. All parking and loading areas
          shall be setback a minimum of 15 feet from any side or rear property line.
          Only one driveway shall be permitted per site unless public safety would be
          better served with a second driveway.

     6.   The total gross floor area of any buildings may not exceed 2,000 square feet.
          However, cabinet shops in the A zoning district may exceed 2,000 square
          feet.

     7.   The proposed use will not substantially injure the value of adjoining or
          neighboring properties, and the burden of proof on this issue lies with the
          applicant. However, if the applicant presents a petition, signed by the owners
          of all properties entitled to receive notice of the hearing on the application
          pursuant to Chapter 11, and stating that such property owners believe their
          property values will not be adversely affected by the proposed use, this shall
          be sufficient evidence from which the Board of Adjustment may make the
          required finding.

     8.   All structures shall be constructed in a manner so as to blend in with the
          character of the area taking into consideration height, size, exterior materials,
          windows, doors, and other related exterior features. All applications must be
          accompanied by building elevations of proposed structures and a lighting
          plan.

     9.   All refuse containers shall be located at the rear of the structure.

     10. The maximum square footage of sign surface area advertising the proposed
         use shall be 16 square feet for a wall mounted sign and 10 square feet for a
         freestanding sign. Not more than one sign may be erected on the site. The
         maximum height for a freestanding sign shall be five feet.

3.8.3 Mining (Special Use Permit only)
The special use permit may be issued only if the applicant receives the State of North
Carolina mining permit and complies with the general standards and following specific
standards:
A. Any mine activity affecting more than one acre (including excavation, area where
     overburden is placed, area used processing or treatment and settling ponds,
     access roads, etc.) shall be subject to these regulations and require a special use
     permit. In the event that one acre or less is disturbed, excluding haul roads, such
     use shall be permitted by right with a zoning permit in all zoning districts subject to
     a minimum 100 foot excavation area setback from all property lines, a maximum
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     3:1 slope above the water, a maximum 2:1 slope in the water, an a average
     minimum depth of four feet, and a $1,000 bond posted with the Planning
     Department to ensure proper reclamation of the mine.

B.   If at any time a state agency suspends or revokes any permits it has issued for the
     mining operation, the revocation or suspension shall cause the special use permit
     to become void until such permit is reinstated by the state.

C.   No more than 30 percent of the total site shall be excavated at any given time
     during the mining operation and after completion. With approval of the Board of
     Commissioners, additional area within the site can be mined provided previously
     mined areas are reclaimed with non-contaminated soils to the original ground
     elevation in accordance with state standards. Setbacks established by these
     regulations shall be met at all times. All reclaimed land shall be identified on a
     map recorded in the register of deeds.

D.   All state permits and applications for state permits associated with the mining
     activity, including permit modifications, shall be filed within ten working days of
     issuance or submittal in the Planning Department by the applicant.

E.   The special use permit shall be valid for a period of ten years from the date it is
     granted or for a shorter duration as deemed appropriate by the Board of
     Commissioners. In the event the property owner desires to continue the mining
     operation thereafter, he shall again petition the Board of Commissioners for a new
     permit.

F.   The hours of operation of all mining related facilities and activities on the mining
     site shall be established by the Board of Commissioners to minimize: (a) traffic
     delays and interruptions on public roads; (b) noise levels and sound disturbances
     to adjoining property owners and the community at large. In no case shall the
     hours of operation be beyond dawn to dusk nor shall mining activity occur on
     Sundays.

G.   Appropriate buffers and screens for mining activities shall be determined by the
     Board of Commissioners in order to minimize the negative impacts on adjoining
     properties and street right-of-ways. The use of earth berms and vegetation for
     visual screening shall be encouraged where appropriate. In order to establish a
     visual screen, mined materials shall not be stored in excess of 25 feet in height.

H.   No activities associated with the mine, including but not limited to excavation
     activities, vehicular access (except for driveways providing access to the site) and
     detention ponds shall be located within 100 feet of any property line and 300 feet
     of any residence, school, church, hospital, commercial or industrial building, public
     road or cemetery.

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I.   Setbacks may be reduced by 50 percent when there is a complete visual screen at
     least six feet in height and an intermittent visual screen to a height of at least 20
     feet between the mining activity and the adjoining use. Further, the Board of
     Commissioners may reduce non-modified setbacks by 50 percent when the mining
     activity adjoins a vacant parcel or farmland. Where mining activities remove four
     feet or less of soil and maintain at least one foot above the seasonal high water
     table, the mining activity setback shall not be less than 25 feet from any property
     line or use.

J.   At least 200 feet of continuous pavement shall be required onsite starting at the
     point the access road intersects with a public street or highway unless such public
     street is not paved. Acceleration and deceleration lanes shall be required by the
     county when it determines, subject to input from the North Carolina Department of
     Transportation, that such lanes will enhance public safety. All access roads should
     intersect with public streets at right angles, but in no case be less than 60 degrees.
     All streets and roads utilized to access the mining site shall be maintained free of
     dust and sediment and shall be properly graded and drained.

K.   Where two or more accesses to the mining operation exist, traffic shall be routed to
     the access having the least negative impact on adjoining properties.

L.   All trucks hauling mined materials (i.e. sand, clay, topsoil) shall be covered with a
     tarpaulin.

M.   Overburden to be used for future reclamation shall be placed where it will not be
     disturbed by normal mining activities and shall be stabilized to reduce wind and
     water erosion. Use of overburden for earth berms is encouraged to reduce the
     impact of the mining operation on adjoining properties.

N.   No bulk waste, hazardous waste, commercial waste, garbage, construction or
     demolition waste shall be placed on site.

O.   Discharging of water from the mine site shall be permitted subject to obtaining a
     state permit. The county may take random samples and have the results tested for
     settable solids, turbidity, and pH at the operators’ expense. Such testing shall not
     exceed six tests per year. Discharging without proper state permits will result in
     initiating procedures to revoke the special use permit.

P.   No trespassing signs shall be posted around the site being mined at a minimum
     distance of 250 feet apart indicating that a mining operation is being conducted on
     the property.

Q.   Reclamation shall be conducted simultaneously with mining operations. Annual
     reclamation reports shall be submitted to the Planning Department within ten days
     of being filed with the state.

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R.   Drainage patterns shall not be altered so as to cause flooding off-site while the
     permit is valid and after reclamation.

S.   All provisions of state and local permits issued for the operation shall be met.

T.   No mining activities shall adversely affect surrounding in use wells. A hydrological
     report as provided below shall be required and the board may consider that report
     in adjusting setbacks or imposing other conditions on the applicant. Such
     conditions shall be designed to avoid adverse impacts on in use well owners,
     including but not limited to requiring monitoring wells, additional hydrological
     studies, or surety to protect in use well owners from loss. Any person owning or
     operating a mining site in a manner that adversely affects an in use well through
     contamination or diminution of groundwater shall provide the well owner with a
     replacement water supply of equal quantity and quality. A rebuttal is permitted that
     contamination or diminution of water has been caused by the mining activity.

U.   A plan shall be submitted for review with the following information:

     1.   Name of mine;

     2.   Mine manager, address and phone number;

     3.   Mining methods;

     4.   Steps taken to maintain haul roads when appropriate;

     5.   Description of day to day operations;

     6.   Statement of timing of reclamation;

     7.   Description of project stages at beginning, half way through and reclamation
          (size, timing, status of site);

     8.   Description of sedimentation control measures and drainage patterns;

     9.   All state permits issued and all materials turned in to obtain such permits;

     10. Proposed use after mining along with site plans and a description of how
         sewage will be handled;

     11. Boundaries of pit(s);

     12. Location of haul roads;

     13. Buffers, existing vegetation on site and berms;

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   14. Width of streets and bridge weight limits within 0.75 mile radius of mining
       excavation;

   15. Location of constructed and natural drainage ways and streams within .75
       mile radius of the excavation;

   16. Hydrological study prepared by a qualified and licensed engineer showing
       impact of mining on existing private in use wells located within a 2,000 foot
       radius of the excavation area, addressing impact on quality and quantity of in
       use wells. The study shall include findings as to any adverse impact the
       excavation will have on these in use wells in addition to recommended
       mitigation action;

   17. Estimated noise levels at exterior property lines;

   18. Future use plan including proposed site layout; dates when restoration will
       commence and finish; cross sections showing final depth and grade slopes
       after restoration activities; description of use and ownership of site after
       completion; assumption of legal responsibility for any environmental pollution
       that occurs on-site after excavation activities are complete. Further, a reserve
       fund shall be established, to be held by the property owner, to finance the
       initial capital expenses of establishing the anticipated future use of the
       property. The plan shall include estimates of the amount of such capital
       expenses, based upon present costs and an assumed inflationary rate of five
       percent per year and timetable showing the expected life of the mining site.
       The estimates shall be reviewed for reasonableness by the county. At
       minimum, the estimated capital expense shall be in amount equal to $1,000
       times the number of acres in the total site. The owner shall place funds in the
       reserve annually in amounts equal to the capital cost estimates provided
       above divided by the number of years the mining site will be open. The first
       payment shall be made prior to commencement of excavation activities and
       evidence of such payment, in the form of a notarized statement by the
       property owner, must be presented to the administrator. Such evidence shall
       be submitted annually, along with the total balance of reserve funds, to the
       administrator on or before the anniversary of the initial notarized statement. In
       the event the mining operation permanently discontinues before the expected
       timetable submitted, the owner shall pay all remaining amounts to the reserve
       fund as evidenced by a notarized statement to the administrator. Any funds
       held by the State of North Carolina pursuant to G.S. 74-54 will be credited
       towards the amount required under the section. Funds shall be forfeited
       unless the development cannot proceed due to county governmental
       restriction, in which case the funds shall be returned. In the event the funds
       are forfeited and the state held bond for reclaiming the land to state standards
       is insufficient to cover reclamation costs, those forfeited funds may be used
       for reclamation. Acceptance of the future use plan and subsequent funds
       shall not be deemed an approval of the future use plan. That plan shall be
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          reviewed and considered under the regulations in effect at the time of official
          submittal.


Section 3.9 Agriculture and Livestock Uses

3.9.1 Agribusinesses

A.   No building or structure that houses any part of the agribusiness use may be
     located within 500 feet of any pre-existing residence (other than a residence
     owned by the applicant) that is occupied, held ready for occupancy, or under
     construction on the date the permit is issued.

B.   For the A and RA districts in which a conditional use permit is required, the
     proposed use will not substantially injure the value of adjoining or neighboring
     properties, and the burden of proof on this issue lies with the applicant. However,
     if the applicant presents a petition, signed by the owners of all properties entitled to
     receive notice of the hearing on the application pursuant to Chapter 11, and stating
     that such property owners believe their property values will not be adversely
     affected by the proposed use, this shall be sufficient evidence from which the
     Board of Adjustment may make the required finding.

C.   The maximum square footage of sign surface area advertising the proposed use
     shall be 32 square feet, and not more than one freestanding sign may be erected.

3.9.2 Land Application of Commercial Sludge and Septage (Conditional Use
Permit only)

A.   A permit must be obtained by the applicant from the appropriate county or state
     agency which has authority to issue required permits prior to land application of
     sludge or septage. All conditions stated in the appropriate county or state permit
     shall be strictly adhered to.

B.   The conditional use permit requirement shall not be intended to place restrictions
     on livestock and poultry practices.

C.   The site shall be inspected by Albemarle Regional Health Services every two
     months. Further, septage operations shall have soil tested annually. Soil shall be
     tested semi-annually if lime is used for stabilization.

D.   The applicant must notify Albemarle Regional Health Services at least ten days
     prior to beginning land application of sludge and at least ten days prior to
     beginning further sludge operations if operations are conducted on an intermittent
     basis and have ceased for more than 30 days.


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E.   The applicant shall submit to Albemarle Regional Health Services copies of all
     reports submitted to the appropriate state permitting agency concerning land
     application operations.

F.   Soil erosion and runoff for the site shall be in accordance with 10 NCAC 10G.0908,
     Septage Management Rules of North Carolina.

G.   "No Trespassing" signs shall be posted at access roads or paths crossing or
     leading to the disposal area and a legible sign of at least two foot by two foot (2' x
     2') stating, '"Septage" or "Sludge Disposal Area"' shall be posted at the entrance to
     the disposal area.

H.   Land application of sludge shall occur only during daylight hours. Septage shall be
     applied so as to have no standing surface collection of liquid within 24 hours after
     application.

I.   Upon issuance of the conditional use permit, the property owner shall record the
     conditional use permit in the Currituck County Register of Deeds and have it
     indexed under the record owner's name as grantor.

J.   The conditional use permit, if issued, shall be non-transferable.

K.   Failure to properly abide by the aforementioned conditions will result in the
     immediate revocation of the conditional use permit.

L.   For Commercial Sludge setbacks shall be:

     1.   Within 1000 - 1500 feet of an existing residential or commercial structure
          there shall be a 1000 foot setback with appropriate vegetated/woodland buffer
          as deemed suitable by the Board of Commissioners.

     2.   Within 1500 - 2000 feet of an existing residential or commercial structure a
          vegetated/woodland buffer may be required by the Board of Commissioners.

     3.   Greater than 2000 feet to an existing residential or commercial structure no
          buffer shall be required.

     4.   The setback shall be 1,000 feet from private or public water well.

     5.   The setback shall be 100 feet from any property line.

M.   For Commercial Septage setbacks and other standards shall be:

     1.   500 feet from an existing residential or commercial structure; however, if
          excessive complaints from neighbors arise, then setback of 1000 feet or lime
          stabilization may be required.
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     2.   100 feet from any property line under separate ownership or control and any
          public right-of-way.

     3.   500 feet from potable water (well or spring).

     4.   200 feet from wells other than monitoring.

     5.   50 feet from abandoned wells.

     6.   In accordance with 10 NCAC 10G.0907, Septage Management Rules of
          North Carolina;

     7.   100 feet from ground water lowering ditches and devices.

     8.   Septage disposal sites shall not be located on a slope greater than 12
          percent.

     9.   Soil texture, soil wetness and depth to rock standards shall be in accordance
          with 10 NCAC 10G.0907, Septage Management Rules of North Carolina.

     10. No hazardous wastes shall be disposed of on-site; industrial or solid wastes
         shall not be disposed of on-site without prior approval by the state.

     11. Soil pH shall be maintained at 6.5 or greater at all times.


Section 3.10 Other Uses

3.10.1 Adaptive Reuse of Historic Properties (Conditional Use Permit only)

A.   The tract for which the conditional use permit is sought contains property that is
     listed on the National Register of Historic Places.

B.   Any property proposed to be covered in the conditional use permit that is not part
     of the tract listed on the Register is integrally related to such property such that its
     coverage under the conditional use permit is warranted for aesthetic, planning, or
     economic reasons.

C.   Uses otherwise permissible in the district where the property is located do not
     seem to provide a practical opportunity or offer sufficient incentive to renovate and
     reuse the historic property.

D.   The property can be developed for the use proposed without creating any
     substantially adverse impact on surrounding properties, or any adverse impact is
     outweighed by the benefits of preserving the historic character of the property.

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3.10.2 Crabshedding
The requirements set forth in this section shall apply only to crabshedding operations
conducted in residential zoning districts and shall not apply to other districts where this
use is allowed.

A.    All phases of the operation must be conducted not less than 10 feet from the
      property line and not less than 50 feet from any neighboring residence;

B.    No odor, fumes or excessive noise or traffic shall be allowed;

C.    On-premise freezing, packing and preparation for shipping shall be allowed;

D.    No storage, sale or purchase of hard crabs or bait shall be allowed; and,

E.    No more than one truck, van, car or other vehicle, or part of a vehicle, which is
      visible for commercial use may be kept on the property, nor any such vehicle or
      trailer which is larger than 8’ x 32’.

F.    In the A, RA, and RR Districts:

      1.   A sign not exceeding six square feet is permitted;

      2.   On-premise sale of soft crabs or peeler crabs allowed; and,

      3.   Open storage must be fenced with opaque fencing.

G.    In the R District:

      1.   No sign or advertisement of any type shall be maintained on the property;

      2.   No on-premise purchase or sale of soft crabs or peeler crabs shall be
           allowed; and,

      3.   No open storage shall be allowed.

3.10.3 Outdoor Display and Outdoor Storage (PB 09-06, 8/17/09)

     A. Outdoor Display

           1. Outdoor display is permissible in association with any retail use following
              technical review committee evaluation of a site plan illustrating the extent
              of the proposed area for outdoor display.




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      2. Outdoor display areas shall be located immediately adjacent to the
         storefront and are prohibited in parking lots, fire lanes, drive aisles, loading
         zones, CAMA setbacks, zoning setbacks, and buffer yards. Display areas
         are only permissible adjacent to the building or structure in which the
         business is located.

      3. The area lawfully allowed to be utilized for outdoor display may be defined
         by an approved container or rack provided the container or rack can be
         moved inside or anchored for 120 mph winds in the event of inclement
         weather.

      4. No merchandise shall be attached to a building’s wall surface, column,
         roof, light post, flagpole, etc., and shall be confined to the designated
         display area.

      5. At minimum, a clear path equal to the width of the door shall be
         maintained in order to allow safe passage to the parking lot and adjacent
         businesses.

      6. A minimum of 36 inches along the parking lot side of the display area shall
         be maintained free of obstruction to allow for pedestrian movement, such
         that pedestrians are not forced to enter the parking lot, loading zone or
         drive aisle to walk around the display area.

      7. No additional signage, except with an approved sign permit, shall be
         permitted in association with outdoor display areas.

      8. Outdoor display areas shall cover no more than one half of the total linear
         feet of store frontage.

      9. Seafood stands, vegetable stands, and farmer’s markets are exempt from
         outdoor display regulations.

B. Outdoor Storage

      1. Outdoor storage is permissible in association with any retail, service, or
         industrial use following technical review committee evaluation of a site
         plan illustrating the extent of the proposed area for outdoor storage.

      2. Outdoor storage is prohibited in fire lanes, drive aisles, loading zones,
         CAMA setbacks, zoning setbacks, required parking spaces, site triangles,
         and buffer yards.




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         3. In the General Business (GB), Commercial (C), and Limited Business-
            Hotels Allowed (LBH) districts the following requirements shall apply to
            outdoor storage areas that exceed ten percent of the gross floor area of
            the principal structure:

                a. In addition to applicable buffer yard requirements of Chapter 5:
                   Landscaping, Bufferyards & Shading, outdoor storage areas shall
                   be screened a minimum of six feet in height from ground level view
                   from adjacent residential properties and public rights-of-way by a
                   wall, semi-opaque fence, berm, landscaping, or combination
                   thereof.

                b. Outdoor storage areas are prohibited between the front plane of the
                   principle building or structure and any rights-of-way. Storage areas
                   shall be located to the sides or rear of the principle building.

                c. The requirements of subsection (3) shall not apply to the storage of
                   landscape nursery products, motor vehicles, and pre-fabricated
                   structures (e.g., storage buildings) offered for individual sale.

         4. In the Light Manufacturing (LM) and Heavy Manufacturing (HM) districts
            the following requirement shall apply:

                a. In addition to applicable buffer yard requirements of Chapter 5:
                   Landscaping, Bufferyards & Shading, outdoor storage areas shall
                   be screened a minimum of six feet in height from ground level view
                   from NC 168, US 158, and NC 12 by a wall, semi-opaque fence,
                   berm, landscaping, or combination thereof.

         5. Seafood stands, vegetable stands, and farmer’s markets are exempt from
            outdoor storage regulations.


3.10.4 Special Events (Special Use Permit only)

A.   The hours of operation allowed shall be compatible with the uses adjacent to the
     activity.

B.   The amount of noise generated shall not disrupt the activities of adjacent land
     uses.




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C.   The applicants shall guarantee that all litter generated by the special event be
     removed at no expense to the county.

D.   Parking generated by the event shall be accommodated without undue disruption
     to or interference with the normal flow of traffic or with the right of adjacent and
     surrounding property owners to the beneficial use and enjoyment of their property.

E.   In cases where it is deemed necessary, the board may require the applicant to
     post a bond to ensure compliance with the conditions of the special use permit.

F.   If the permit applicant requests the county to provide extraordinary services or
     equipment or if the county otherwise determines that extraordinary services or
     equipment should be provided to protect the public health or safety, the applicant
     shall be required to pay to the county a fee sufficient to reimburse the county for
     the costs of these services. This requirement shall not apply if the event has been
     anticipated in the budget process and sufficient funds have been included in the
     budget to cover the costs incurred.

3.10.5 Temporary Construction and Sales Offices

     3.10.5.1 Use

     A.   Within any district, a temporary building may be located on any lot or tract that
          is being developed so long as such building:

          1.   Is used as a construction or field office related to the development of the
               tract where the office is located or as a place of storage for materials
               used in the development of such tract; or,

          2.   Is used as a sales office solely in connection with the development
               where such temporary building is located; and,

          3.   Is removed within 30 days after completion of construction work on the
               tract where the building is located or within 30 days after 95 percent of
               the lots or units have been sold.

     B.   Within any real estate development offering lots or units for sale, a temporary
          sales office may be established in a model or display unit that is or will be for
          sale and within any permanent building (such as a clubhouse or recreation
          facility) that will remain as part of the development after sales were completed
          so long as such temporary sales office is used solely in connection with
          marketing development where such building is located.


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     3.10.5.2 Dimensional and Location Requirements
     Temporary buildings under this section shall observe the setback requirements
     applicable to permanent buildings within the district where such temporary
     buildings are located.

     3.10.5.3 Additional Requirements
     Permits must be secured from the building inspector and administrator prior to the
     location of any temporary buildings. Permits shall remain valid for 12 months and
     may be renewed for additional 12 month period upon a showing that the building is
     being used in conformity with this section and reasonable progress is being made
     toward completion of the project.

3.10.6 Temporary Tents (08-31, 9-15-08)

     3.10.6.1 General

     A.   Temporary tents shall only be utilized for temporary purposes and shall not be
          used as a permanent principal structure or permanent accessory structure.

     B.   Temporary tents shall be constructed of fire retardant materials. All tents shall
          display a fire retardant certificate and be inspected by the fire marshal,
          building inspector, or his designee prior to occupancy.

     C.   Temporary tents shall be setback not less than ten feet from any property
          line. Tents shall not be located in any easement, existing or future right-of-
          way, vehicular access area, required vehicular parking space, sight-distance
          area, septic area or other similar area.

     D.   Temporary tents shall be adequately braced and anchored to prevent weather
          related collapse and shall not contain a permanent foundation.

     E.   Temporary tents shall be maintained in good condition. Damaged tents shall
          be repaired, replaced, or removed.

     F.   When applicable, all tents shall meet North Carolina Fire Code and North
          Carolina Building Code.

     G.   The following temporary tents shall be exempt from the provisions of this
          subsection:

          1.   Temporary funeral tents at grave sites;

          2.   Temporary private event tents as an accessory activity to a residential
               dwelling;


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                   Currituck County Unified Development Ordinance
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     3.    Temporary recreational camp tents as an accessory activity to a
           residential dwelling or within an approved campground;

     4.    Temporary tents for church/non-profit related functions;

     5.    Tents erected in conjunction with a special event which has been
           granted a special use permit by the Board of Commissioners.

3.10.6.2 Temporary Tents For Recreation Uses

A.   This subsection shall apply to temporary tents utilized for indoor recreation
     uses as allowed in the Permitted Uses Table.

B.   Temporary tents must be placed on property that contains a permanent
     principle structure with a minimum enclosed area of 10,000 square feet.

C.   Any such tent must be a minimum of 6,000 sq. ft. in size.

D.   A special use permit will be required for such tents erected on a property for a
     period of time that exceeds 30 days. The special use permit issued for the
     temporary structure shall expire in five years and may not be renewed.

E.   All such tents shall maintain a minimum setback of 20 feet from any street
     right-of-way and meet all other accessory structure setbacks for the property.

F.   The maximum building coverage including principle structures, accessory
     structures, and the temporary tent shall not exceed 10 percent of the
     property. The tent shall not exceed the total square footage of the existing
     principle structure.

G.   Tents located within 50 feet of a public street shall provide a semi-opaque
     landscape buffer between the right-of-way and the tent. The screen or barrier
     shall meet the following minimum requirements:

                                 Minimum Plant Materials
 Minimum   Plant Material Required Per 100
                                             Minimum Planting Height or Caliper     Maximum Spacing
   Width    Linear Feet of Street Frontage
 10 Feet   3 Large Shade Trees               Large Shade Trees: 2 Inch Caliper    Trees: 50 Feet
           30 Evergreen Shrubs               Evergreen Shrubs: 24 Inch Height     Shrubs: 6 Feet


3.10.6.3 Temporary Tent Sales

A.   Temporary tent sales must be commonly associated with the commercial use
     established on the property and shall be considered as an accessory to the
     principal use. Any temporary tent sale not commonly associated with the
     established commercial use on the same lot shall not be permitted under this
     section.
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                 Currituck County Unified Development Ordinance
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    B.   No temporary tent sales shall be used for a period of time which exceeds 30
         days in any 12 month period.

    C.   There shall not be more than two tents erected for purposes of a temporary
         sale on any parcel. In no case shall the tent(s) exceed 1,000 square feet of
         total area or the maximum permitted by the lot coverage requirement.

    D.   A building and zoning permit shall be required for each separate occurrence.
         The zoning permit shall specifically limit the number of days the sale will
         occur and the tent(s) will be erected. The tent(s) shall be removed from the
         property at such time the zoning permit becomes invalid. For purposes of this
         section, an occurrence shall be defined as any single incident of erecting a
         tent.

3.10.7 Telecommunication Towers

    3.10.7.1 Intent
    The county recognizes that Currituck County desires to encourage the orderly
    development of wireless communication technologies for the benefit of the county
    and its citizens. The county also recognizes the character of the communities of
    the county. As a matter of public policy the county aims to encourage the delivery
    of new wireless technologies throughout the county while controlling the
    proliferation of communication towers. Such development activities will promote
    and protect the health, safety, prosperity and general welfare of persons living in
    Currituck County. Specifically, the Wireless Communication Facility Development
    Standards are designed to achieve the following:

    A.   Provide a range of locations for wireless communication facilities throughout
         the county;

    B.   Encourage the location of wireless communication facilities onto existing
         structures to reduce the number of new communication towers needed within
         Currituck County;

    C.   Encourage co-location and site sharing of new and existing wireless
         communication facilities;

    D.   Establish adequate development and design criteria to enhance the ability of
         providers of telecommunications services to provide service to the community
         quickly, effectively, and efficiently;

    E.   Protect residential, historic preservation areas, and scenic corridors from the
         uncontrolled development of wireless communications facilities by requiring
         reasonable siting conditions;


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                  Currituck County Unified Development Ordinance
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F.   Promote the use of suitable lands for the location of wireless antennae,
     towers, and/or wireless communication facilities;

G.   Insure the harmonious, orderly and efficient growth and development of
     wireless communication facilities within the county;

H.   Provide development standards for the development of wireless
     communication facilities which are consistent with the requirements of the
     Federal Telecommunications Act of 1996 and in the best interest of the future
     of Currituck County; and,

I.   Provide clear performance standards addressing the siting of wireless
     communication facilities.

3.10.7.2 Use and Location

A.   Non-commercial amateur radio towers and antenna up to a maximum height
     of 100 feet shall be allowed subject to meeting only required setback and
     landscaping (if required) standards and by filing the prevailing conditional use
     permit fee and application.

B.   Antenna attachments onto existing support structure(s), including but not
     limited to water tanks, utility poles/structures, buildings, etc. or onto an
     attached wireless communication facility shall be permitted by administrative
     approval subject to the development criteria of this ordinance.

C.   Wireless communication facilities with support structures shall only be
     permitted on all other lands by means of approval of a conditional use permit.
     Prior to applying for a conditional use permit, the applicant shall provide the
     county with adequate information to establish that lands included in
     Subsection B above can not be made suitable for wireless communication
     facility locations.

D.   A proposal for a new wireless communication facility shall not be approved
     unless the Board of Adjustment finds that the equipment planned for the
     proposed tower cannot be accommodated on existing or approved towers,
     buildings or alternative structures within a one mile search radius of the
     proposed wireless communications facility due to one or more of the following
     reasons:

     1.   The planned equipment would exceed the structural capacity of the
          existing or approved tower, building or structures, as documented by a
          qualified and licensed North Carolina professional engineer, and the
          existing or approved tower, building or structure cannot be reinforced,
          modified or replaced to accommodate planned or equivalent equipment
          at the reasonable cost.
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         2.   The planned equipment would cause interference materially impacting
              the usability of other existing or planned equipment at the tower, building
              or other structure as documented by a qualified and licensed North
              Carolina engineer and the interference cannot be prevented at a
              reasonable cost.
         3.   Existing or approved towers, buildings or other structures within the
              search radius, or combinations thereof, cannot accommodate the
              planned equipment at a height necessary to function reasonably as
              documented by a qualified and licensed North Carolina professional
              engineer.
         4.   Other unforeseen reasons that make it infeasible to locate the planed
              telecommunication equipment upon an existing or approved tower,
              building or other structure.

   E.    Development standards for wireless communication facilities, in addition to
         the general standards as noted within this ordinance, will include the following
         development standards:

         1.   Wireless communication facilities shall be spaced a minimum of one-half
              mile apart unless an existing tower is full and another tower is erected on
              the same property.
         2.   Towers or antennas proposed for local business internal communication
              purposes only shall be exempt from the one mile search radius required.

   F.    Antennas placed on existing structures, excluding existing towers, shall be
         considered accessory uses that are permitted by right subject to a zoning
         permit provided they are no higher than 20' above the structure to which they
         are attached and a qualified and licensed professional engineer certifies the
         existing structure can suitably accept the antenna. No additional setbacks
         shall be required for antennas placed on existing structures excluding existing
         towers.

   3.10.7.3 Dimensional Requirements (09-05, 5-4-09)

    A.   Towers and antennas shall be required to maintain a one foot setback from
         front, side, and rear property lines for every one foot of tower height. Guy
         wires, when applicable, shall conform to district setback provisions. There
         shall be no setback requirements from structures located on the subject
         property.

    B.   Tower height on existing towers may increase up to ten percent of the tower
         height for the collocation of antennae with no increase in setbacks provided
         that reasonable evidence is submitted showing that the need for an additional
         tower is eliminated. A North Carolina licensed engineer must certify that the
         extension’s fall zone will not encroach on adjoining property and FAA

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     approval must be granted for the extension. The one foot setback for every
     one foot in height shall be maintained from existing dwellings on adjoining
     properties but does not include the subject property. Continuous proof of at
     least $1 million in liability insurance must be maintained and filed with the
     Planning Department on an annual basis.

C.   Attached wireless communication facilities shall not add more than 20 feet to
     the height of the existing building or structure to which it is attached
     (Attachment Structure).     However, antenna attachments to existing
     communication towers shall not increase the height of tower above the
     maximum original permitted height of that tower.

3.10.7.4 Design and Appearance

A.   All utility buildings and accessory structures to towers and antennas shall be
     architecturally designed to blend in with the surrounding environment.

B.   Every tower affixed to the ground and guy wires shall be protected to
     discourage climbing by unauthorized persons. The base of the tower along
     with any individual guy wires shall be enclosed by a commercial grade chain
     link fence (or some other fence of equal or greater quality) a minimum of eight
     feet in height, and in addition to, shall include a minimum of two strands of
     barbed-wire and/or razor wire affixed to the top of the fence.

C.   Antenna array attachments shall be designed so as to be compatible with the
     tower and antenna facility to which it is to be affixed; including but not limited
     to, matching the proposed array with existing structural design, facade colors,
     and camouflage technology.

D.   New towers and antenna shall be designed to be compatible with existing
     structures and surroundings to the extent feasible. The proposed tower or
     antenna should be consistent with the tower and antenna type and height
     standards for similar properties in similar locations; including but not limited
     to, considerations of scale and space of the immediate vicinity of the new
     facility, placement in a location which is consistent with proper functioning of
     the tower or antenna facility, and the use of compatible or neutral colors, and
     camouflage technology.

E.   All new tower and antenna facilities (other than those proposed for local
     business utilization) shall be engineered, designed and constructed to be
     capable of sharing the facility with other applicants, to co-locate with other
     existing tower and antenna facilities and to accommodate the future co-
     location of other tower and antenna facilities. A Tower Antenna Use
     Application (TAA) shall not be issued until the applicant proposing a new
     tower and antenna facility shall demonstrate that it has made a reasonable
     good faith attempt to locate its tower and antenna facility onto an existing
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              Currituck County Unified Development Ordinance
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         structure. Competitive conflict and financial burden alone are not deemed to
         be adequate reasons against co-location.

    F.   All towers and antenna facilities (other than those proposed for local business
         utilization) with a support structure up to a height of 150 feet shall be
         engineered and constructed to accommodate at least three antenna array.
         All towers and antenna facilities with support structures up to a height of 150
         feet or greater shall be engineered and constructed to accommodate at least
         four antenna array.

    G.   Towers and antenna with support structures shall be constructed to the
         Electronics Industries Association/Telecommunications Industries Association
         (EIA/TIA) 222 Revision F Standard entitled “Structural Standards for Steel
         Antennas Towers and Antenna Support Structures” (or equivalent), as it may
         be updated and amended. Each support structure shall be capable of
         supporting multiple antenna arrays.

    H.   The following lighting requirements shall apply to all towers and antenna
         installations. Towers and antenna shall not be artificially illuminated, directly
         or indirectly, except for:

         1.   Security and safety lighting of equipment buildings if such lighting is
              appropriately down shielded to keep light within the boundaries of the
              site;

         2.   Such illumination of the towers and antenna as may be required by the
              FAA or other applicable authority installed in a manner to minimize
              impacts on adjacent residences; and,

         3.   Unless otherwise required by the FAA or other applicable authority, the
              required light shall be red and a type of lens used to reduce ground
              lighting when the site is within 100 feet of a residential dwelling.

    I.   Towers and antenna shall not display any signage, logos, decals, symbols or
         any messages of a commercial or noncommercial nature, except for a small
         message containing provider identification and emergency telephone
         numbers and such other information as may be required by local, state or
         federal regulations governing tower and antenna facilities.

    J.   Landscaping requirements are as follows:

         1.   When deemed appropriate to minimize the potential impact on
              surrounding properties, the Board of Adjustment may require
              landscaping around the tower, antenna, guy wires, and associated
              buildings.

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     2.   Existing mature tree growth and natural land form on the site shall be
          preserved to the extent feasible; provided however, that vegetation that
          causes interference with the antennas or inhibits access to the
          equipment facility may be trimmed or removed;

     3.   Existing vegetation on a tower or antenna site may be used in lieu of
          required landscaping when approved by the administrator; and,

     4.   Grading for the new tower or antenna shall be minimized and limited
          only to the area necessary for the new facility.

3.10.7.5 Additional Requirements

A.   No unusual sound emissions such as alarms, bells, buzzers or the like are
     permitted.

B.   Abandoned or unused towers and antennas shall be removed within 180 days
     of cessation of operations. If the tower or antenna is not removed within 60
     days of receipt of notice from Currituck County informing the owner of such
     abandonment, the county may remove the tower and/or antenna and place a
     lien upon the property for the costs of removal.

C.   No new or existing tower and antenna service shall interfere with public safety
     telecommunications. Further, where it can be shown that telecommunication
     service interferes with reception received by surrounding properties, the
     permit holder shall be responsible for taking reasonable steps to eliminate
     that interference in accordance with FCC regulations.

D.   Prior to obtaining a building permit, the applicant shall submit proof of
     compliance with FAA and FCC regulations and any other documentation to
     demonstrate compliance with state building code regulations.

E.   Electromagnetic radiation levels shall maintain compliance with requirements
     of the FCC, regarding emission of electromagnetic radiation. Within 30 days
     of completion of the tower or antenna, and within 30 days of installation of any
     additional equipment in the future, the tower or antenna owner shall provide
     documentation of emission levels in relation to FCC standards.

F.   The Federal Telecommunications Act of 1996 gives the FCC jurisdiction of
     the regulation of Radio Frequency (RF) emissions, and towers and antenna
     that do not exceed the FCC standards shall not be conditioned or denied on
     the basis of RF impact.

G.   In order to provide information to its citizens, copies of ongoing FCC
     information concerning towers and antenna facilities and RF emissions

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              Currituck County Unified Development Ordinance
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          standards may be requested from time to time. Applicants for towers and
          antenna facilities shall be required to provide information with the application
          on the measurement of the effective radiated power of the facility and how
          this meets the FCC standards.

     H.   All applicants for towers and antenna facilities (other than those proposed for
          local business utilization) are required to submit a statement with the
          application agreeing to allow and reasonably market co-location opportunities
          to other tower and antenna facility users. The statement shall include the
          applicant’s policy regarding co-location of other providers and the
          methodology to be used by the applicant in determining reasonable rates to
          be charged other providers. The Co-location Agreement shall be considered
          a condition of issuance of a Tower Antenna Use Application (TAA). A TAA
          shall not be issued unless the applicant complies with the collocation policy.

     I.   In the course of its consideration of an application, the county may deem it
          necessary, in complex situations, to employ an engineer(s) or other
          consultant(s) qualified in the design and installation of tower and antenna
          facilities to assist the county in the technical aspects of the application. In
          such cases, any additional reasonable costs incurred by the county not to
          exceed $1,500 for the technical review and recommendation shall be
          reimbursed by the applicant prior to the final county hearing on the TAA.

     J.   No person, firm or corporation shall install or construct any towers and
          antenna facility unless and until a Tower Antenna Use Application (TAA) has
          been issued pursuant to the requirements of this ordinance.

     K.   Any towers and antenna facility located or proposed to be located in airport
          areas governed by the Federal Aviation Administration shall also comply with
          the provisions of all applicable local, state and federal airport regulations.

     L.   Maintenance or Structural Integrity Certification shall be submitted to the
          county on all tower and antenna facilities (other than those proposed for local
          business utilization) every five years or when a storm event occurs generating
          winds which exceed 75 miles per hour, whichever occurs first.


3.10.8 Utility Facilities

A.   Utility Facilities owned by a public utility as defined in Chapter 62 of the General
     Statutes are permissible in all zoning districts with a zoning permit.

B.   Storage of vehicles or equipment outside the storage building shall be permitted
     only within the area that is screened as provided in this section.


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                                                 CHAPTER 3: SPECIAL REQUIREMENTS

C.   The utility facility shall be fully screened on all sides by opaque fencing from the
     ground to a height of at least eight feet. The opaque screening may consist of a
     wall, fence, retained vegetation, or planted vegetation. If planted vegetation is
     used, it must satisfy the standard set forth herein within three years after planting.
     Continued maintenance of the screening (including replanting, if necessary) shall
     be a continuing condition of the permit. Screening shall not be required if there is
     no outside storage of vehicles or equipment and if the building is designed and
     constructed (including types of exterior materials) so that it is compatible with other
     residences in the subdivision.

D.   Utility Facilities that are 4’ x 4’ x 4’ or smaller will be allowed to setback five feet
     from all side and rear property lines; all utility facilities 100 square feet or less may
     be located ten feet from all side and rear property lines; all others will comply with
     the setbacks as contained within this ordinance.

E.   Driveways and parking areas shall be provided as required in this ordinance,
     including the installation of concrete or asphalt aprons where driveways abut public
     streets.

3.10.9 Wind Energy Facilities (PB 07-68, 1-22-08) (PB 08-35, 9-15-08)

A.   An anemometer(s) may be installed with the issuance of a zoning permit and must be
     setback from all property lines a distance equal to one linear foot for every foot of
     height. The zoning permit is valid for a period of one year and is renewable.

B.   Zoning Permit Application

     1.   The application shall demonstrate that the proposed wind energy facility will
          comply with this ordinance and shall contain at a minimum the following:

          a. A narrative describing the proposed wind energy facility, including an
             overview of the project;

          b. The approximate generating capacity of the wind energy facility;

          c. The specific number, representative types and height or range of heights of
             wind turbines to be constructed, including their generating capacity,
             dimensions and respective manufacturers, and a description of ancillary
             facilities;

          d. Identification and location of the properties on which the proposed wind
             energy facility will be located;

          e. A site plan showing the planned location of each wind turbine, property lines,
             setback lines, access road and turnout locations, substation(s), electrical
             cabling from the wind energy facility to the substation(s), ancillary equipment,
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            buildings, and structures, including permanent meteorological towers,
            associated transmission lines, and location of all structures and properties
            within the geographical boundaries of any applicable setback;

         f. Evidence of compliance with applicable Federal Aviation Administration
            regulations;

         g. Signed and approved copies of any negotiated power purchase agreement
            and the utility company’s approved schematics;

         h. An Environmental Impact Study (EIS) for utility scale wind energy facilities,
            which shall include review and comments from applicable state and federal
            agencies, including, but not limited to, NC Department of Environment and
            Natural Resources, US Army Corps of Engineers, US Fish and Wildlife
            Service, and the NC Wildlife Resources Commission;

         i. Other relevant studies, reports, certifications and approvals as may be
            reasonably requested by Currituck County to ensure compliance with this
            ordinance;

         j. Decommissioning plans that describe the anticipated life of the wind power
            project, the estimated decommissioning costs in current dollars, the method
            for ensuring that funds will be available for decommissioning and restoration,
            and the anticipated manner in which the wind power project will be
            decommissioned and the site restored; and,

         k. Signature of the property owner(s) and the facility owner/operator of the wind
            energy facility.

  2. Throughout the permit process, the applicant shall promptly notify Currituck County
     of any changes to the information contained in the permit application.

  3. Changes to the pending application that do not materially alter the initial site plan
     may be adopted administratively.




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C. Setbacks

    1. The following dimensional requirements shall apply to the installation of wind
       turbines and/or wind energy facilities:

                                             Minimum Setback Requirements ¹
  Wind                                                                                               Maximum
 Energy        Minimum       Occupied       Occupied                      Public/                     Height
                                                                                       HWY 158,
 Facility      Lot Size      Buildings      Buildings        Property     Private                      from
                                                                                       HWY 168,
  Type                        (Subject      (Adjacent         Lines ²    Right-of-                    grade
                                                                                      and NC 12 ²
                             Property) ²   Property) ² ³                   Way ²

 Small          20,000
                                0.0            1.5             1.0          1.5            2.5         120 ft.
 System          sq. ft.
 Large
               5 Acres          1.0            2.0             1.0          1.5            2.5         250 ft.
 System
 Utility
               25 Acres         1.5            2.5             1.5          1.5            2.5         500 ft.
 Scale
1. Measured from the center of the wind turbine base to the property line, right-of-way, or nearest point on
   the foundation of an occupied building.
2. Calculated by multiplying the required setback number by the wind turbine height.
3. This setback proposes to reduce noise and shadow flicker impacts to any previously existing occupied
   buildings on adjacent properties.

    2. As part of the Special Use Permit or Zoning Permit approval process, setback
       provisions may be waived if the following conditions are met:

           a. Property owners may waive the occupied building setback requirements on both
              the subject property and/or adjacent properties, and the property line setback
              requirements for Small System wind turbines with a tower height of 60 feet or
              less, by executing a signed waiver that sets forth the applicable setback
              provisions and proposed changes.

           b. The written waiver shall notify applicable property owners of the setback required
              by this ordinance, describe how the proposed wind turbine and/or wind energy
              facility is not in compliance, and state that consent is granted for the wind turbine
              and/or wind energy facility to not be setback as required by this ordinance.

           c. Any such waiver shall be signed by all affected property owners and be recorded
              in the Currituck County Registrar of Deeds Office. The waiver shall describe the
              properties benefited and/or burdened, and advise all subsequent purchasers of
              any burdened property that waiver of setback shall run with the land and may
              forever burden the subject property.


D. Installation and Design


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  1. The installation and design of the wind energy facility shall conform to applicable
     industry standards, including those of the American National Standards Institute.

  2. All electrical and mechanical components of the wind energy facility shall conform to
     relevant and applicable local, state and national codes.

  3. Any on-site transmission or power lines shall, to the maximum extent possible, be
     placed underground.

  4. The visual appearance of wind energy facilities shall at a minimum:

     a. Maintain a galvanized finish and be a non-obtrusive color such as white, off-white
        or gray;

     b. Not be artificially lighted, except to the extent required by the Federal Aviation
        Administration or other applicable authority that regulates air safety; and,

     c. Not display advertising (including flags, streamers or decorative items), except
        for identification of the turbine manufacturer, facility owner and operator.

E. Decommissioning or Abandonment

  1. The wind energy facility owner, and/or operator and/or property owner shall have
     3 months to complete decommissioning of the facility if no electricity is generated
     for a continuous period of 12 months.

  2. Decommissioning shall include removal of wind turbines, buildings, cabling,
     electrical components, roads, and any other associated facilities.

  3. Disturbed earth shall be graded and re-seeded, unless the landowner requests in
     writing that the access roads or other land surface areas not be restored.




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                            CHAPTER 4:
                         OVERLAY DISTRICTS
Section                                                                                                     Page

4.1   Purpose ……………………………………………………………………………..4-2

4.2   RESERVED.………………………………………………………………………...4-2

4.3   Planned Unit Development Overlay………………………………………………4-2

4.4   Residential Airpark Development Overlay……………………………………….4-9

4.5   Planned Adult Retirement Overlay……………………………………………….4-10

4.6   Residential Multi-Family Development Overlay…………………………………4-12

4.7   Outer Banks Overlay.......................................................................................4-16




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CHAPTER 4: OVERLAY DISTRICTS

Section 4.1 Purpose (PB 08-49, 10/20/08)
Overlay districts are created to provide additional development standards for specially
identified areas. Overlay districts combine with the regulatory provisions of the
underlying base zoning district to provide additional or supplementary standards. The
following overlay districts are created for this purpose:

PUD    Planned Unit Development Overlay
RAD    Residential Airpark Development Overlay
RET    Planned Adult Retirement Overlay
RMF    Residential Multi-family Overlay
OB     Outer Banks Overlay


Section 4.2 RESERVED (PB 08-49, 10/20/08)
This section is reserved for future use.


Section 4.3 Planned Unit Development (PUD) Overlay

4.3.1 Intent
The purpose of the planned unit development (PUD) is to allow mixed residential and
commercial development as a unit and where a more efficient use of the land and
additional on-site amenities can be achieved. Planned unit developments (PUD’s) are
permitted only on sites of at least 50 acres in areas located within the R, RA and RO1
zoning districts.

4.3.2 Uses

A.    The plans for the PUD shall indicate the particular portions of the tract that the
      developer intends to develop for residential and commercial purposes as
      applicable. Each portion of the lot shall then be treated as if it were a separate
      district, zoned to permit either residential or commercial uses.

B.    One element of each PUD district shall be the residential element that directly
      corresponds to the specific zoning district, R, RA, or RO1 that it is developed in.
      Within that portion of the PUD that is developed for residential purposes, all
      development is bound to, and must comply with, all other residential requirements
      except for lot size requirements as outlined within this ordinance.

C.    The second element of each PUD district shall be the commercial element,
      specifically the LBH zoning district. Within that portion of a PUD district that is
      developed for a commercial purpose, all development is bound to and must comply
      with all other commercial requirements except for lot size and frontage


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requirements as outlined within this ordinance. Within any area developed as a PUD,
not more than 10 percent of the total lot area may be developed for purposes that are
permissible only in a LBH zoning district (whichever corresponds to the PUD zoning
district in question).

D.   The three PUD districts shall carry the following designations to indicate their
     component elements:

     1.    R/LBH
     2.    RA/LBH
     3.    RO1/LBH

4.3.3 Dimensional & Density Requirements (PB 08-49, 10/20/08)

A.   Net acreage shall be determined by on-site evaluation by technical staff,
     eliminating all areas designated by CAMA as wetlands. Preliminary plats shall
     require net and gross acreages to be shown by actual survey based upon CAMA
     designated wetland perimeters.

B.   Residential driveways located in planned unit developments shall maintain a 5 foot
     side setback at the front property lines when possible and may taper back to no
     less than 1 foot off side property lines 20 feet back of the front property line.

C.   The below dimensional requirements shall apply to individual lots within the PUD
     Overlay:
                                                                                               Min.
                                Minimum                        Minimum               Max.
PUD Overlay    Density                                                                          Lot
                                Lot Size                  Yard Requirements         Height
                                                                                               Width
                          Min. Lot      Min. Lot
                            Size          Size
                            (with         (with       Front     Side      Rear     Structure   Linear
               Max.
                         centralized   centralized   Setback   Setback   Setback    Height     Width
R, RA, RO1     Density
                          water &       water &        (ft.)     (ft.)     (ft.)      (ft.)     (ft.)
components
                           on-site       sewer)
                           sewer)
                3 DUA     20,000sf     10,000sf*         20      15        25         35        65
    LBH
                                     See Base Zoning District Requirements
 Component
*May be reduced to 7,500 square feet if lot size reduction is added to open space per requirements in
Section 10.5.4

4.3.4 Overlay Special Requirements

A.   Subdivisions within a PUD Overlay are subject to the issuance of a special use
     permit and the requirements of Chapter 10, Major Subdivisions.


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                      Currituck County Unified Development Ordinance
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B.   A special use permit may be approved showing the portion of the tract proposed
     for commercial uses reserved for future development. No construction on any land
     may take place within such areas until the special use permit is amended to
     approve specific plans for such areas.

C.   The two-family and multi-family portions of any PUD may be occupied only in
     accordance with a schedule approved as part of the special use permit by the
     Board of Commissioners during the subdivision process relates occupancy of such
     non-residential portions of the PUD to the completion of a specified percentage
     number of phases or sections of the residential portion of the development. The
     purpose and intent of this provision is to ensure that the PUD procedure is not
     used, intentionally or unintentionally, to create nonresidential uses in areas
     generally zoned for residential uses except as part of an integrated and well-
     planned, primarily residential development. In approving a proposed schedule the
     Board may consider, among other factors, the number of dwelling units proposed
     for the residential portion of the PUD, the nature and scope of the nonresidential
     portions of the PUD, the physical relationship of the nonresidential components of
     the PUD to neighboring properties not within the PUD and whether the
     nonresidential uses are to be located within pre-existing buildings or is new
     construction.

D.   All developable lots less than 20,000 square feet in size within a planned unit
     development shall be connected and serviced by a package tertiary treatment
     plant.

E.   For developments in a PUD Overlay of 100 or more lots, the developer shall set
     aside space for community facilities, namely one acre of land with soils suitable for
     development for each 100 lots. This requirement shall be in excess of the required
     open space as set forth in Chapter 10. In lieu of dedication of land for open space
     and/or dedication of land for community facilities, the developer may, at the
     county's option, make a payment to the county of an amount of money equal in
     value to the land, as it would be appraised following its subdivision.

F.   Adequate provisions for the collection and disposal of garbage and refuse shall be
     provided in such a manner that a PUD will be maintained in a clean and orderly
     appearance.

G.   No buildings or structures shall be allowed to be built in CAMA or adjacent 404
     wetlands other than viewing platforms, raised nature walks, boat ramps, piers,
     docks and other similar structures.




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                   Currituck County Unified Development Ordinance
                                                     CHAPTER 4: OVERLAY DISTRICTS

H.   Developers shall not destroy buildings or structures of cultural or historic
     significance as determined by county technical staff in consultation with state
     preservation officials.

4.3.5 Patio Home Developments
Patio home developments may be created within all districts in planned unit
developments. The following design standards and development criteria shall apply to
all patio home developments:

A.   The minimum lot size shall be 3,000 square foot.

B.   The maximum allowable lot coverage shall be 80 percent.

C.   The following setbacks shall be required:

     1.   The minimum front setbacks from the edge of the roadway, or access
          easement, shall be 22 feet.

     2.   The minimum separation of principal structures shall be 20 feet as measured
          wall to wall.

     3.   Setbacks to principal structures from NCDOT right-of-ways and exterior
          property lines shall be in accordance with Chapter 2.

     4.   Where the rear lot line abuts a common open space area, the minimum rear
          yard may be reduced to not less than ten feet. For purposes of this section,
          common open space means land that (i) is owned by federal, state, or county
          government, or the developer of the lot in question or a homeowners
          association, or is a golf course (ii) is undeveloped for at least a distance of 30
          feet from the lot line, excluding golf courses, and (iii) is legally accessible to
          the owner of the lot in question. Land within a street right-of-way or street
          easement shall not be regarded as common open space.

     5.   No eaves or gutters shall extend over the property line.

     6.   Pools, either detached or attached, shall be setback a minimum of five feet
          from buildings and lot lines.

     7.   Any concrete or wooden deck, patio and sidewalk, if no portion of the same
          extends more than 12 inches above the finished grade, shall be setback a
          minimum of 2 feet from the property line.

     8.   No portion of the front or rear of a structure shall be less than 40 feet from the
          rear or front of another principal structure.

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                   Currituck County Unified Development Ordinance
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     9.   Accessory structures shall have a minimum ten foot separation from another
          structure.

D.   One structure, containing a maximum of four bedrooms, is permitted on each lot.

E.   A minimum of two parking spaces, meeting the dimensional requirements of
     Chapter 8, shall be required for each structure.

F.   Unless otherwise specified by this ordinance, sidewalks a minimum of four foot in
     width shall be provided along at least one side of all roadways for pedestrian
     access.

G.   Additional fire hydrants shall be installed in accordance with recommendations
     made by the Currituck County Fire Marshall.

H.   Where easements are required to access structures, the easement shall have a
     minimum width of 24 feet and be marked “No Parking Fire Lane” and signs
     provided and maintained. Pavement length shall be 150 foot maximum.

4.3.6 PUD Variances

A.   An application for a variance from planned unit development overlay requirements
     shall be submitted to the Board of Commissioners by filing a copy of the
     application in the office of the administrator.

B.   A variance from planned unit development overlay requirements may be granted
     by the Board of Commissioners if it finds the proposed change:

     1.   Will not endanger the public health or safety;

     2.   Will not injure the value of adjoining or abutting property;

     3.   Will be in harmony with the area in which it is located;

     4.   Will be in conformity with the Land Use Plan, Thoroughfare Plan, or other
          plan officially adopted by the board; and,

     5.   Will not exceed the county's ability to provide adequate public facilities,
          including, but not limited to, schools, fire and rescue, law enforcement, and
          other county facilities. Applicable state standards and guidelines shall be
          followed for determining when public facilities are adequate. Such facilities
          must be in place or programmed to be in place within two years after the
          initial approval of the sketch plan.


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                   Currituck County Unified Development Ordinance
                                                     CHAPTER 4: OVERLAY DISTRICTS

C.   In granting variance the Board of Commissioners may attach additional conditions
     or requirements that will, in its judgment, secure the objective of the standards or
     requirements so varied or modified.


Section 4.4 Residential Airpark Development (RAD) Overlay

4.4.1 Intent
Any one or more property owners having 40 or more contiguous acres of land, at least
one of which is adjacent to the Currituck County Airport, may request the Residential
Airpark Development (RAD) Overlay.

4.4.2 Uses
Permitted uses shall be the same as found in the Agricultural (A) district.

4.4.3 Dimensional & Density Requirements

A.   Residential density shall not exceed 1 unit per 40,000 square feet.

B.   Minimum lot width is 125 feet.

4.4.4 Overlay Special Requirements

A.   There shall be no more than two points of entry onto the airport property, the
     location of which must be approved by the airport authority prior to submittal of the
     sketch plan.

B.   Where more than one property owner is involved, cross access easements for
     aircraft and vehicles shall be provided and shown on proposed plats. Where lot
     lines are unknown in areas designated for future development, then notations shall
     be entered onto plats noting the intent to have cross access easements as the
     property develops.

C.   Right-of-ways that will accommodate aircraft traffic shall be at least 60 feet wide.
     Right-of-ways may be used by both vehicles and aircraft.

D.   All improvements onto airport property shall be paved and maintenance shall be
     the responsibility of the developers of the residential airpark development or their
     assigns.




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CHAPTER 4: OVERLAY DISTRICTS

Section 4.5 Planned Adult Retirement (RET) Overlay

4.5.1 Intent
The Planned Adult Retirement Overlay District (RET) may be used only in conjunction
with planned adult retirement and/or assisted living community development subject to
the issuance of a special use permit. RET designation can be applied for within the
following base zoning districts: A, RA, R, RO1, RR and GB. A planned adult retirement
community is a tract of land consisting of 10 acres or more under common ownership,
containing residential dwelling units (single family, two-family, apartments,
condominiums, and similar multi-family dwellings), necessary accessory buildings, and
required or permitted social, cultural, recreational, retail, medical, and other commercial
type facilities intended for retired adults. Properties located within the planned adult
retirement overlay will be subject to the requirements of this section in addition to the
requirements of the base zoning district.

4.5.2 Uses

A.   A planned adult retirement community may contain assisted living or residential
     care facilities, and residents may receive long-term and short-term health care and
     other related services, including but not limited to food service, housekeeping
     service, and recreational, social and cultural facilities.

B.   Appropriate shops for the convenience of the residents and their guests only, may
     be part of the development at a ratio of one commercial unit per ten living units not
     to exceed a maximum of five commercial units. Each commercial unit shall not
     exceed 1,000 square feet in size.

4.5.3 Dimensional & Density Requirements

A.   Maximum density: the maximum density shall not exceed the following:

     1.   The density of the base underlying zoning district; or

     2.   In the case of conversion of a mobile home park or RV park that has a valid
          conditional use permit or special use permit, one half of the density allowed
          by the conditional use permit or special use permit, not to exceed a total of
          250 dwelling units; and

     3.   In that portion of the development designated for nursing care institutions
          density shall not exceed 20 beds per acre.




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B.   Lot size and coverage is shown in the table below:

                                     Lot Size & Coverage
                                           Min.
                               Area                    Max.
                                           Width
                              (sq. ft.)            Lot Coverage
                                            (ft.)
                               5,000      50         60%*

                               *with an approved, engineered
                               stormwater management system

C.   Setback requirements shall be in accordance with district requirements.          The
     minimum separation between single-family structures shall be ten feet.

4.5.4 Overlay Special Requirements

A.   Permanent residents of such facilities must be at least 55 years of age, except that
     the spouse or an immediate member of the family, or a live-in domestic,
     companion, or nurse may be a permanent resident regardless of age except in the
     case of a child. No person under 18 years of age shall reside in any dwelling unit
     for a period of time exceeding 90 days. The homeowners’ association documents
     and restrictive covenants shall state the age restrictions within the development in
     order that the association shall enforce those provisions. It is the responsibility of
     the residents/association to provide evidence that the age restrictions are being
     met.

B.   The fire marshal of the county shall review each application and make appropriate
     recommendations for fire protection requirements which may be more stringent
     than those specified by the uniform standard building code.                These
     recommendations may be made conditions of the special use permit by the Board
     of Commissioners.

C.   Developments shall be required to be connected to the county water system.

D.   A centralized wastewater treatment system must be utilized where soils are
     unsuitable for on-site septic systems.

E.   Planned adult retirement communities shall comply with the development criteria
     for planned unit developments. Exceptions may be applied to developments which
     are being converted from mobile home parks or RV parks.

F.   In the interest of safety and security, communities may be gated.          Therefore
     access to adjacent properties need not be provided.

G.   The development shall have shaded sidewalks or shaded paved walking paths
     throughout the development for the safety of the residents.
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H.   Street lighting shall be part of the development for security.

I.   Applicants must provide a source of back up for essential utilities (electric and
     water) to ensure that minimal service can be maintained during periods of outages.

J.   Full disclosure of services provided is to be given to each prospective buyer.


Section 4.6 Residential Multi-Family Development (RMF) Overlay (PB 09-19, 8/17/09)

4.6.1 Intent and Location

A.   The residential multi-family development overlay is designed to provide for medium
     density residential development with some associated non-residential uses in close
     proximity to major thoroughfares and commercial zones on the Currituck County
     mainland. The RMF overlay is designed to have insignificant adverse impacts on
     surrounding single-family residential development.

B.   The Residential Multi-Family Overlay District shall only be applied for within the
     Residential and General Business zoning districts (R, RA, RR and GB with
     overlay).

C.   A special use permit shall be required for all residential multi-family developments.

4.6.2 Uses Allowed

A.   Apartments, condominiums, townhomes, and duplexes are permitted in a multi-
     family residential development.

B.   Within any multi-family residential development, not more than ten percent of the
     total site area may be developed for small scale commercial, service or
     professional office uses.

4.6.3 Dimensional Requirements

A.   The following dimensional requirements shall be met. For the purposes of this
     section, “development area” refers to the total area of contiguous land proposed
     for development as a single unit; and “lot” refers to a subdivided lot within the
     development area that accommodates an individual dwelling unit (e.g., townhome
     or duplex lot):




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                              Apartments or       Townhomes          Duplexes        Nonresidential
   Dimensional Criteria       Condominiums                                            Structures
Development Area
Requirements
                                5 contiguous      5 contiguous      5 contiguous
 Min. Area                                                                                  -
                                    acres            acres             acres
                                1 unit/10,000     1 unit/10,000     1 unit/10,000
 Density1                                                                                   -
                                    sq. ft.           sq. ft.           sq. ft.
 Max. Number of Dwelling
                                        90                  90            90                 -
 Units2
 Min. Road Frontage                   200’                 200’          200’                -
 Max. Building Length                 160’                 160’            -               160’
 Min. Perimeter Street
                                       50’                 50’            50’               20’
 Setback
 Min. Perimeter Property
                                       50’                 30’            30’               30’
 Line Setback
 Min. Vehicular Area Setback           25’                 25’            25’               25’
 Max. Building Height                  35’                 35’            35’               35’
Lot Requirements
 Min. Area                               -             1,000 sq. ft. 10,000 sq. ft.  10,000 sq. ft.
 Min. Width                              -                 16’            65’               50’
 Max. Lot Coverage                       -                100%           40%               80%
 Min. Building Separation              40’                  20’           20’                -
    a. CAMA wetlands and adjacent 404 wetlands may not be included in calculating density.
    b. Mixed housing types shall be permitted; however, the cumulative number of dwelling units
        shall not exceed 90 for the multi-family development.

B.   Interior setbacks shall meet the underlying zoning district requirements or be
     established by the developer and approved by the Board of Commissioners as part
     of the special use permit.

4.6.4 Development Standards

A.   There shall be a maximum of one entrance allowed per development onto US
     Highway 158, NC Highway 168, NC Highway 34, NC Highway 136 or Tulls Creek
     Road.

B.   Interior streets shall meet North Carolina Department of Transportation, Division of
     Highways construction standards.

C.   All parking and vehicular use areas shall be paved with either concrete or asphalt.
     On-street parking is permitted subject to Technical Review Committee approval.

D.   Perimeter development area bufferyards shall be provided in accordance with
     Chapter 5: Landscaping, Bufferyards & Shading. Individual lot bufferyards shall be
     established by the administrator.


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E.   All multi-family residential developments shall be required to be serviced by the
     county public water system.

F.   All multi-family residential developments shall be required to be serviced by a
     private centralized or de-centralized waste-water system that serves the
     development or the county owned system (if available). Waste-water treatment
     facilities shall be located a minimum of 30 feet from exterior property lines and
     shall be designed to be architecturally compatible with the residential buildings on
     the site.

G.   All new on-site utilities shall be located underground unless required by the utility
     to be otherwise.

H.   On-site garbage dumpsters shall be provided subject to the following:

     1.   Dumpsters must be located to the rear of the principal structure(s);

     2.   Dumpsters shall be screened on three sides with eight foot tall opaque
          fencing; and,

     3.   Dumpsters shall be located to be sufficiently accessed by service vehicles.

I.   All multi-family buildings shall be designed to be architecturally compatible with the
     surrounding area to the greatest extent possible. Building elevations shall be
     approved by the Board of Commissioners prior to the issuance of any special use
     permit subject to the following:

     1.   Structures shall include vertical and horizontal relief in buildings (roof lines,
          eaves, bump-outs); variation in exterior architectural materials (siding,
          roofing); variation in housing styles and types; and inclusion of front porches,
          projecting bays, or vestibules; and,

     2.   The general roof shape, ridge and eave heights, and material characteristics
          proposed shall be visually compatible with the coastal vernacular of the
          general area (gable and hip roofs, roof dormers, approximate 8/12 roof pitch).

J.   Signage for the multi-family development shall not exceed 1 per entrance, with a
     maximum size of 32 square feet and maximum height of 8 feet.

K.   There must be one ground-level handicapped accessible dwelling unit required per
     every ten units. Such handicapped unit shall meet all applicable building code and
     Americans with Disabilities Act requirements.

L.   Access to any multi-family residential development shall not be through an existing
     single-family detached residential subdivision.

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4.6.5 Open Space and Amenities

A.   35% of the development area must be preserved as open space and meet the
     minimum open space standards of Chapter 10: Subdivision Requirements.

B.   A portion of the required open space shall be designated and improved for active
     recreation. Determination of suitable improved active recreation shall be based on
     the character of the open space land, the estimated age and the recreation needs
     of persons likely to reside in the development, the costs of installation and
     maintenance of recreation facilities, and the proximity to existing recreational
     areas.

C.   Areas of open space reserved for active recreation shall be accessible to all
     residents through a combination of interconnected sidewalks, multimodal paths, or
     trails.

4.6.6 Nonresidential Design Standards

A.   No individual nonresidential building shall exceed 10,000 square feet in size.

B.   Nonresidential buildings shall be accessible to all residents through a combination
     of interconnected sidewalks, multimodal paths, or trails. Additionally, internal
     pedestrian circulation shall be required within all commercial areas through the use
     of clearly defined walkways.

C.   All nonresidential structures, including mixed use buildings, shall be designed to be
     architecturally compatible with the residential buildings onsite. Building elevations
     shall be approved by the administrator prior to the issuance of any zoning permit
     subject to the following:

     1.   Large expanses of blank walls shall be avoided. Facades shall incorporate
          architectural elements that add visual interest, including but not limited to
          variation in exterior materials; functioning windows and doorways; and,
          projecting elements such as eaves, cornices, canopies, bays, shadow lines,
          overhangs, porticos and colonnades.

     2.   Roofs pitches (approximately 4/12 or greater) and other variations consisting
          of dormers, bump outs, or entrance features shall be incorporated as
          architectural features.

     3.   Corrugated metal building materials shall not be permitted.        Architectural
          grade finished metal may be used as an accent material.

D.   Nonresidential signage shall be limited to 1 freestanding sign not to exceed 32
     square feet in size or 8 feet in height. Wall signage shall be allowed in accordance
     with Chapter 7: Signs.
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Section 4.7 Outer Banks (OB) Overlay

4.7.1 Intent
The purpose of the outer banks overlay is to preserve and protect unique aspects of the
Outer Banks area that do not exist elsewhere in Currituck County, as well as to provide
protection from potential hazards associated with the outer banks environment. The
base zoning districts of the Currituck Outer Banks are RO1, RO2, GB, and LBH.
Properties located within the outer banks overlay will be subject to the requirements of
this section in addition to the requirements of the base zoning district.

4.7.2 Uses

A.   Class "A" and Class "B" mobile homes are not permitted uses in this overlay.

B.   Drive-in or drive-through restaurants and restaurants where a majority of sales is
     by delivery service proposed within the outer banks overlay district shall require a
     special use permit and shall meet the following requirements:

     1.   Outdoor speakers shall be setback 50 feet from any property line containing a
          residential dwelling and shall be subject to the noise ordinance of Currituck
          County.

     2.   The materials, scale, height, building facade and colors of the proposed
          structure shall not dramatically contrast with the predominate style of
          surrounding structures.

     3.   The location and type of lighting fixtures utilized shall be the minimum
          necessary to provide for public safety on-site. Lighting shall be shielded so as




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          to be directed onto the site and not spill-over onto adjoining properties and
          street right-of-ways.

     4.   Where feasible, parking shall be located at the side and rear of the building.

     5.   A traffic impact report shall be submitted addressing methods of ordering,
          time to process the order, arrival rate of customers, peak demand hour,
          expected traffic volumes, and the projected impact on existing roads.

C.   Moped rentals, hang gliding businesses, and horseback riding, schooling, and
     boarding facilities may be permitted with a special use permit provided all activities
     (i.e. money collection, rides, parking, etc.) occur only on the property under control
     of the operator either by ownership or lease. Such uses shall only be permitted in
     zoning districts as allowed in the Permitted Uses Table, but shall require a special
     use permit as opposed to a conditional use permit.

D.   Use or placement of metallic underground storage tanks is prohibited. State or
     federal approved fiberglass tanks may be installed underground and state or
     federal approved metallic storage tanks may be installed above ground. Upon the
     installation of any underground tank, a building permit must be acquired, the
     county's fire marshal shall be notified and a survey prepared by a North Carolina
     registered land surveyor must be obtained which shows the exact location of such
     tank, which survey must be recorded in the office of the Currituck County Register
     of Deeds prior to the final inspection and a copy forwarded to the fire marshal's
     office. Metallic water storage tanks and L.P. Gas underground tanks are permitted
     uses provided the above cited requirements are met (survey recorded).

4.7.3 Dimensional & Density Requirements
Dimensional & Density requirements shall be the same as the base zoning district or
other applicable overlay.

4.7.4 Special Sign Requirements for the Outer Banks Overlay District

     4.7.4.1 Applicability
     These regulations shall apply only to the Outer Banks Overlay District (RO1) within
     Poplar Branch Township.

     4.7.4.2 Purpose and Intent

     A.   To protect the public welfare as well as property values by preserving the
          aesthetic qualities of the unique natural environment (especially along NC 12)
          that distinguishes the Currituck Outer Banks;

     B.   To preserve the environment from excessive and obtrusive signs in support of
          the Currituck Outer Banks resort and tourism industry;
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    C.   To promote the safety of persons and property by providing that signs do not
         create traffic hazards or hazards due to collapse, fire, collision, decay, or
         abandonment; and

    D.   To promote the efficient transfer of general public and commercial
         identification or information and maintain a viable business community
         throughout the year by improving the legibility and effectiveness of signs
         through the control of their number, location, size, appearance, illumination,
         and animation.

    4.7.4.3 Definitions
    Unless specifically defined below, words or phrases used within this chapter shall
    be interpreted so as to give them the meaning they have in common usage and to
    give it most reasonable application.

    Awning: A plastic, canvas, or metal porch or shade supported by a frame and
    often foldable that is placed over a storefront, doorway, or window (see also wall
    sign).




    Awning Sign: Any message printed on an awning.




    Billboard: An off-premise sign owned by a person, corporation, or other entity that
    engages in the business of selling and advertising space on that sign.




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Combination Use: A use consisting of a combination on one lot of two or more
principal uses separately listed in the Permitted Uses Table, Chapter 2. Under
some circumstances a second principal use may be regarded as accessory to the
first, and thus a combination use is not established. In addition, when two or more
separately owned or separately operated enterprises occupy the same lot, and all
such enterprises fall within the same principal use classification, this shall not
constitute a combination use.

Commercial Area: A group of commercial establishments that include off-street
parking that encompass less than four acres of area. A commercial area will
include combination uses on one lot.

Commercial: Any activity involving the sale of goods or services carried out for
profit.

Community Event Sign: A temporary sign announcing a specific occurrence taking
place within the overlay district

Community Identification Sign: A sign at the entrance of a designated residential
area identifying the name of the community.




Contractor Sign: A temporary sign erected on the premises on which construction
is taking place, during the period of such construction, indicating the names of the
architects, engineers, landscape architects, contractors, or similar artisans, and the
owners, financial supporters, sponsors, and similar individuals or firms having a
role or interest with respect to the structure or project.




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    Cottage Sign: A sign placed on a dwelling displaying the name of the house or
    cottage.




    Directional Sign: An off-premise sign that displays the name of a business or other
    location or activity and the direction in which it is location (e.g. church or open
    house).




    Designated Residential Area: A generally recognized residential community or
    development such as, but not limited to, Pine Island, Spindrift, Currituck Club,
    Ocean Sands, Crown Point, Buck Island, Whalehead Beach, Monteray Shores,
    Corolla Light, Ocean Hill-1, The Villages at Ocean Hill, and all North Beach areas.



    Display Board: that portion of a sign where the message changes by way of lights
    or some other mechanical means (e.g. time and temperature displays).




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Freestanding Sign: A sign that is attached to, erected on, or supported by some
structure, such as pilings, that is not itself an integral part of a building or other
structure.




Governmental Sign: A sign erected and maintained pursuant to and in discharge
of any governmental functions or required by law, ordinance, or other
governmental regulation.

Illegal Sign: Any sign that does not have a valid permit.

Inflatable Sign: Any display capable of being expanded by air or other gas and
used on a permanent or temporary basis to advertise a product or event.




Internally Illuminated Neon Sign: A sign where the source of illumination is inside
the sign and light emanates through the message of the sign, rather than being
reflected off the surface of the sign from an external source. Without limiting the
generality of the foregoing, signs that consist of or contain tubes that (i) are filled
with neon or some other gas that glows when an electrical current passes through
it and (ii) are intended to form or constitute all or part of the message of the sign,
rather than merely providing illumination to the parts of the sign that contain the
message, shall also be considered an internally illuminated sign.



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    Landscape Sign: A sign placed on the lawn of a residential or commercial property
    advertising the company that landscapes and maintains the property.




    Nonconforming Sign: A sign that on the effective date of this ordinance does not
    conform to one or more of the regulations that would qualify it for a permit or an a
    exemption.

    Off-premise Sign: A sign that draws attention to or communicates information
    about a business, service, commodity, accommodation, attraction, or other
    enterprise or activity that exists or is conducted, sold, offered, maintained or
    proved at a location other than the premises where the sign is located.

    Off-premise Directional Sign: An off-premise sign that displays the name of a
    business or other location or activity and the direction in which it is location (e.g.
    church or open house). The off-premise directional sign is similar in size and style
    to street name signs.




    On-premise Sign: A sign that draws attention to or communicates information
    about a business, service, commodity, accommodation, attraction, or other



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enterprise or activity that exists or is conducted sold, offered, maintained, or
provided on the premises where the sign is located. On-premises signs are bolted
to or otherwise affixed to the ground or a permanent structure in some other
substantially permanent way and are built to state building codes and have valid
building permits issued for their construction.




Open House/Model Home Sign: A sign placed along the highway pointing toward
a model home or a home that is for sale or placed in front of the home for sale and
open for public viewing.




Out-Parcel: A lot or pad site within a commercial area or shopping center that is
zoned for commercial use and functions as a separate unit.

Political Sign: A temporary sign announcing or supporting political candidates or
issues in connection with any national, state, or local election.




Portable Sign: A sign that is not permanent, affixed to a building, structure, or the
ground (e.g. sandwich/tent signs).



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    Public Road: Roads maintained by North Carolina Department of Transportation.

    Railing Sign: Any sign attached to a railing (see wall sign).




    Real Estate For Sale Sign: A sign placed on a property for sale, identifying the real
    estate company or agent and a phone number.




    Rental Sign: A sign placed on a residentially zoned building that is in a rental
    program offered by a rental company or private owner.




    Roof Sign: A sign that is mounted on the roof of a building or that is wholly
    dependent upon a building for support and that projects above the top walk or




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edge of a building with a flat roof, the eave line of a building with a gambrel, gable,
or hip roof, or the deck line of a building with a mansard roof.




Security Sign: A sign placed on the lawn of a residential or commercial property
advertising the company that provides security services for the property.

Sandwich/Tent Sign: A temporary sign regulated by season.




Shopping Center: A group of commercial establishments planned, developed
and/or managed as a unit with off-street parking provided on the property that is
located on a tract of land at least four acres in area.




Sight Triangle:      A triangular shaped portion of land established at street and
driveway intersections in which nothing is erected or placed in such a manner as to
limit or obstruct the line of sight of motorists entering or leaving an intersection or




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    business. The site triangle is 10 feet x 70 feet where public road rights-of-way
    intersect and, 10 feet x 35 feet where driveways intersect with road rights-of-way.



                                                                             Sight
                                                                             Triangle




    Sign: any device that (i) is sufficiently visible to persons not located on the lot
    where such device is located to accomplish either of the objectives set forth in
    subdivision two of this definition, and (ii) is designed to attract the attention of such
    persons or to communicate information to them.

    Sign Area: The entire face of a sign, including the advertising surface and any
    framing, trim, or molding but not including the supporting structure.

    Special Event: A circus, fair, carnival, festival, or other type of special event that
    (i) runs for longer than one day but not longer than two weeks, (ii) are intended to
    or likely to attract substantial crowds, and (iii) are unlike the customary or usual
    activities generally associated with the property where the special event is to be
    located.

    Suspended Sign: A sign hanging down from a marquee, awning, or porch that
    would exist without the sign.




    Temporary Sign: A sign or advertising display designed or intended to be
    displayed for a short period of time.




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Wall Sign: A sign fastened to or painted on the wall of a building or structure in
such a manner that the wall becomes the supporting structure for, or forms the
background surface of, the sign and that area does not project more than 12
inches from such building or structure. Railing and awning signs are also included
in this definition.




Window Sign: Any sign attached to the window glass of a commercial building.




4.7.4.4 General Provisions

A.   Except as otherwise provided, no sign clearly visible, legible, and
     distinguishable from a public right-of-way including Currituck Sound may be
     constructed, erected, moved, enlarged, illuminated, or substantially altered
     except in accordance with the provisions of this ordinance.

B.   A two-sided or multi-sided sign shall be regarded as one sign so long as:

     1.   With respect to V-type signs, the two sides are at no point separated by
          a distance that exceeds six feet; and


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         2.   With respect to double-faced (back to back) signs the distance between
              the backs of each face of the sign does not exceed 12 inches.

    C.   Unless otherwise provided, no sign shall be located within any public or
         private right-of-way or within 10 feet of any side or rear property line.

    D.   Signs not visible from a public right-of-way shall be governed by individual
         community or commercial development restrictive covenants.

    E.   No person may cause, suffer, or permit a sign that is in conformity with the
         provisions of this ordinance on its effective date to thereafter become
         nonconforming.

    F.   No sign may be located within the site distance triangle as defined above.

    G.   Lights shall not shine into the street right-of-way or adjoining properties.

    H.   No business may arbitrarily attach a sign to the structure of a lawfully
         permitted sign without submitting an application to the administrator in
         accordance with a sign permit pursuant to this ordinance.

    I.   All signs shall have a professional design and appearance and be
         constructed with durable materials such as finished wood or metals. Signs
         constructed with fabric, cardboard, or paper are prohibited (except awning
         signs).

    J.   All signs shall be adequately secured or stabilized to minimize the danger that
         either the sign or the supporting structure may be moved by the wind or other
         forces of nature and cause injury to persons or property. Signs shall meet all
         applicable building code standards.

    K.   Only externally illuminated signs are permitted. The light source shall not be
         visible from any public or private street right-of-way. Further, no sign shall be
         erected which contains, employs, or utilizes lights or lighting which rotates,
         flashes, moves or alternates. All sign lighting shall be in compliance with this
         section. No sign lighting shall exceed 15 foot candles at any location on the


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     property and the maximum illumination at the property line shall not exceed
     1.5 foot-candles measured at the ground level. All illuminated signs shall be
     turned off during non-operating hours to decrease unneeded lighting in
     compliance with the above referenced lighting ordinance with the exception of
     those used for safety or security purposes.

4.7.4.5 Prohibited Signs
The following signs are expressly prohibited in the Outer Banks Overlay District:

A.   Off-premises signs except special event signs as permitted by this ordinance.

B.   Signs or portions of signs designed to move by any means or signs that give
     the appearance of movement in any manner except for flags as described in
     this Ordinance.

C.   Any sign which emits a sound, odor or visible matter such as smoke or vapor.

D.   Roof signs

E.   Sign or sign structure which obstructs the view of, or may be confused with, a
     traffic directional/safety sign.

F.   Any sign painted on or attached to trees, bushes, other natural features, or
     utility poles.

G.   Any sign located on any land subject to periodic inundation by tidal saltwater.

H.   Any sign abandoned for more than six months or dilapidated signs where the
     costs to renovate or repair the sign is 25 percent or more of the sign
     replacement cost.

I.   Any sign which exhibits statements, suggestive words or pictures of an
     obscene or pornographic nature.

J.   Inflatable signs or balloons of any type that are used by their movement or
     message to attract attention.

K.   Internally illuminated signs or signs which contain a visible light source for
     exterior signs only. Interior lights within a store are not regulated by this
     ordinance.

L.   Banners, all flags (except those exempted in this ordinance), pennants,
     streamers, propellers, whirligigs, umbrellas with logos or commercial
     messages, and display boards.

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    M.   Any sign which requires a permit and does not meet the requirements of this
         ordinance or where a permit has been denied or revoked.

    N.   Any billboard.

    O.   Integral decorative or architectural features of buildings that represent the
         commercial use of the building depicted as a sign.

    P.   Off-premise signs advertising the existence of a roadside stand.

    Q.   Free hanging or suspended signs capable of movement in any way.

    R.   Rooms for rent signs.

    S.   Outside display of merchandise unless granted a special use permit by the
         Board of Commissioners.

    T.   Signs on vehicles and trailers that are parked in a location which is visible to
         the public and for a period of time which indicates that the principal use of the
         vehicle is for advertising rather than transport. (PB 08-10, 3/17/08)


    4.7.4.6 Signs Excluded from Regulation
    The following signs are excluded from regulation in all zoning districts:

    A.   Signs erected by or on behalf of or pursuant to the authorization of a
         governmental body, including legal notices, identification and informational
         signs, and traffic, directional or regulatory signs;

    B.   Official signs of a non-commercial nature erected by public utilities; and

    C.   Governmental flags, pennants, or insignia of any governmental organization.

    D.   Trademarks or product names which are displayed as part of vending
         machines, dispensing machines, automatic teller machines, and gasoline
         pumps.

    E.   Flags, pennants or insignia of any governmental or non-profit organization
         when NOT displayed in connections with a commercial promotion or as an
         advertising device.




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4.7.4.7 Signs Permitted in All Zoning Districts Without a Sign Permit
The following signs are permitted in all zoning districts within the Outer Banks
overlay zone without securing a sign permit:

A.   Real estate signs less than six square feet in area not to exceed three feet
     above natural grade and at least ten feet from a public or private right-of-way.




B.   Political signs no greater than six square feet in area not to exceed three feet
     above natural grade. Such signs shall be removed within ten days following
     the election or conclusion of the campaign.

C.   Contractor Sign. One on-premise sign, not to exceed six square feet in area
     and shall not exceed three feet above natural grade. The purpose of the sign
     is to identify the contractor performing the construction. A contractor sign
     must be removed upon the issuance of a Certificate of Occupancy or
     Certificate of Compliance.




D.   Landscape Sign. One on-premise sign not to exceed one square foot in area
     and two feet above natural grade is permitted per parcel. Such signs may be
     placed on the lawn or landscaped area of the property only with the property
     owner’s permission.

E.   Security Sign. One on-premise sign not to exceed one square foot in area
     and two feet above natural grade is permitted per parcel. Such signs may be
     placed on the lawn or landscaped area of the property only with the property
     owner’s permission.




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                                                                       Top of Sign

                                     Max. 1 sf

                                     2’ Max. Height
                                                                        Grade


    F.   Open House Directional Sign.         One Off-Premise directional sign, not to
         exceed two feet in width and three feet in height and shall not exceed four
         feet above natural grade is permitted at the entrance to a community and one
         arrow directional sign not to exceed one foot in height by two feet in width is
         permitted at intersections identifying the location of an open house or model
         house for sale for the duration of each day the house is open for inspection.




    G.   Open House Flags. Two allowed per major entrance to subdivision not to
         exceed six feet in height and to be removed at the close of each business
         day.




    H.   Open Flags. One flag indicating a business is open is permitted per
         nonresidential or business use along NC12 or other public roads. Such flags
         shall contain no words other than “Open”; shall be displayed only when said
         business is open and operating; shall be anchored only to the wall of the
         subject business. If the subject business is surrounded by a covered porch or
         deck, the flag may be attached to one of the support posts and if a post is not
         available, it may be anchored to the deck or porch railing. Flags shall not be



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     attached to any roof structure or free standing sign. Open Flags must be
     removed at the close of business each day.




I.   For Sale Sign. One On-Premise “For Sale” sign per lot not to exceed six
     square feet in area and shall not exceed three feet above natural grade is
     permitted on the property for sale. For Sale signs shall not be placed on a
     structure and must be removed upon sale.




J.   Cottage For Rent Sign. One on-premise “For Rent” sign not exceeding two
     square feet in area (normally 12 inches x 24inches) is permitted per lot. Such
     signs shall be attached to the residence when possible.




K.   Cottage Name Sign. One sign displaying the name of a cottage no larger
     than 12 square feet in area and attached to the house is permitted per lot.




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    L.   Church Directional Sign. One off-premise directional sign (arrow type), no
         larger than two square feet in area and no higher than six feet above natural
         grade may be placed at an intersection along NC12 pointing toward the
         church.
                                                                   Top of Sign


                                         Church
                     Max. 6’                                            Max. 2 sf


                                                                        Natural Grade

    M.   Temporary Sign (Sandwich/Tent Signs).       Each business unit within a
         Shopping Center, Commercial Area, or Out-Parcel may have one Temporary
         On-Premise Sign, not to exceed two feet in width by three feet in height
         (measured from natural grade). The sign may be double sided. Such signs
         are further restricted by the following:

         1.   The sign shall rest on the ground without legs or other means of support;

         2.   The sign shall be displayed only if the unit is open for business. The sign
              may be displayed one day before the store is open for business, and
              does not have to be removed daily if the store remains open on
              consecutive days. If the store is closed for two or more consecutive days
              the sign must be removed until the store is again open;

         3.   The sign shall have a professional appearance and shall not contain
              reflective lettering;

         4.   The sign is permitted along NC12 and private or public roads only from
              October 1 to May 1. The October to May restriction applies only to signs
              visible from NC12. The placement of these signs within a shopping
              center is controlled by shopping center rules and may be allowed year
              around;

         5.   The sign must be on the property where the business is located and
              shall not reference additional locations of the business; and,




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     6.   The sign shall be placed outside the site triangle at driveways so as not
          to block views, and shall not be lighted.

N.   Real Estate “Open House”, “Agent on Duty” and “Open” signs are
     allowed along NC12, or other public right-of-way in front of Real Estate
     Offices or other Businesses only from October 1 to May 1. Such signs
     shall not exceed two feet in width by three feet in height (measured from
     natural grade). The business must be open and the temporary sign must be
     on the property where the business is located. The sign shall be placed
     outside the site triangle at driveways so as not to block views, and shall not
     be lighted.

4.7.4.8 Signs in Residential Zoning Districts
The following signs are permitted in all residential zoning districts within the Outer
Banks Overlay District (RO-1) with approved sign permits in accordance with the
following standards:

A.   Community Identification Sign. One free standing on-premise sign not
     exceeding 48 square feet in area and no higher than 6 feet above natural
     grade is permitted at each major entrance. No such sign may be located
     within ten feet of any side or rear property line.

                                                                 Top of Sign
                                  Max. 6’                             Max. 48 sf

                                                              Natural Grade

B.   Church, School or other Semi-public Institution Signs. One free standing on-
     premise sign not exceeding 48 square feet in area or 6 feet above natural
     grade is permitted.

C.   Special/Local Event Sign. Up to a maximum of four off-premise signs and
     two on premise signs are permitted. Each sign shall not exceed six square
     feet in area and shall not exceed four feet above natural grade. This type of
     sign is for identifying a special/local event such as a library book sale, art
     exhibit or other noncommercial event. Such signs may be erected up to 72
     hours before the event and must be removed within 48 hours after the event.
     Such signs shall display no commercial messages or logos.

D.   Heritage Park Community Event Sign. Two off premise and one on premise
     signs each not to exceed 32 square feet in area and not greater that six feet
     in height may be erected up to seven days prior to a Heritage Park
     community event and must be removed within 48 hours following the event.
     Such signs shall display no commercial messages or logos.

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    E.   Developer On-Premise Free Standing For Sale or For Lease Sign. One On-
         Premise Sign is permitted per new subdivision and the sign size shall not
         exceed 48 square feet in area, and shall not exceed six feet above natural
         grade. These signs are allowed for advertising the sale, lease, availability, of
         residential lot(s) provided the sign is located within the boundaries of the
         subdivision. Limited to three years from permit issuance and must be
         renewed annually thereafter by the administrator.


    4.7.4.9 Signs in Commercial Zoning Districts
    The following signs are permitted in all commercial zoning districts within the Outer
    Banks overlay district (GB, C, LBH) with approved sign permits in accordance with
    the following standards:

    A.   Commercial Area (including combination uses).

         1.   Total Permitted Signage. Total signage in a commercial area as defined
              above including wall, window, and free-standing signs shall not exceed 1
              square foot in area for each 2.5 linear feet of frontage along a street or
              right-of-way, not to exceed a combined total of 80 square feet in area.

         2.   Free Standing Signs (On-Premise).

              a.   Commercial areas with less than 200 linear feet of road frontage
                   may not erect a free standing sign.

              b.   Other commercial areas with over 200 linear feet of road frontage
                   may erect one free standing sign not to exceed 48 square feet in
                   area and 6 feet above natural grade.

              c.   Where a commercial area maintains an entrance on more than one
                   road frontage, additional free standing signs may be erected at
                   each entrance excepting however that no more than 1 free standing



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               sign may be erected per road frontage and the total signage area of
               80 square feet shall not be exceeded.

     3.   Wall Signs. Wall signs shall be anchored directly to the wall if possible.
          The sign shall not project or be offset more than 12 inches from the
          intended wall nor shall it extend above the roof line. Signs painted on
          building surfaces are not permitted. Wall signs shall be placed on a wall
          that is oriented toward a public street, public vehicular access, or public
          drive aisle leading to public parking or public entrance.

     4.   One wall sign (including awning signs) not exceeding 32 square feet in
          area that is compliant with the applicable total combined signage
          allowance above is permitted per business front.

     5.   Railing signs located no further than ten feet from the building shall
          count toward the total allowable wall sign area.

     6.   Window Signs. Business identification window signs shall not exceed 25
          percent of the total pane area that contains the sign. Trademark signs
          and merchandise displayed for sale shall not be included in the total
          window sign area.

B.   Shopping Center

     1.   Total Permitted Signage. Total signage in a commercial area as defined
          above including wall, window, and free-standing signs shall not exceed
          one square foot in area for each two and one-half linear feet of frontage
          along a street or right-of-way.

     2.   Free Standing Signs (On-Premise).

          a.   Commercial areas with less than 200 linear feet of road frontage
               may not erect a free standing sign.
          b.   All other commercial areas may erect one free standing sign not to
               exceed 48 square feet in area and 6 feet above natural grade.
          c.   Where a commercial area maintains an entrance on more than one
               road frontage, additional free standing signs may be erected at
               each entrance excepting however that no more than one free
               standing sign may be erected per road frontage.

     3.   Wall Signs. Wall signs shall be anchored directly to the wall if possible.
          The sign shall not project or be offset more than 12 inches from the
          intended wall nor shall it extend above the roof line. Signs painted on
          building surfaces are not permitted. Wall signs shall be placed on a wall

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                 that is oriented toward a public street, public vehicular access, or public
                 drive aisle leading to public parking or public entrance.

                 a.   For each unit within a shopping center less than 5,000 square feet
                      in floor areas, 1 wall sign (including awning signs) not exceeding 32
                      square feet in area that is compliant with the applicable total
                      combined signage allowance above is permitted per business front.

                 b.   For each unit within a shopping center measuring 5,000 square feet
                      or greater of gross floor area is permitted to have one wall sign per
                      business front not to exceed 54 square feet in area that is
                      compliant with the total combined signage area permitted.

                 c.   Railing signs located no further than ten feet from the building shall
                      count toward the total allowable wall sign area.

         4.      Window Signs. Business identification window signs shall not exceed 25
                 percent of the total pane area that contains the sign. Trademark signs
                 and merchandise displayed for sale shall not be included in the total
                 window sign area.

         5.      Developer On-Premise Free Standing For Sale or For Lease Sign. One
                 On-Premise Sign is permitted per new subdivision and the sign size shall
                 not exceed 48 square feet in area, and shall not exceed 6 feet above
                 natural grade. These signs are allowed for advertising the sale, lease,
                 availability, of commercial lot(s) provided the sign is located within the
                 boundaries of the subdivision. Limited to three years from permit
                 issuance and must be renewed annually thereafter.

         6.      Internally illuminated Neon “Open” signs may be placed on the interior
                 window pane, but only one per business and must be turned off at the
                 end of the business day or whenever the business is closed.

    4.7.4.10 Permitting Requirements
    Except as otherwise provided, no sign may be constructed, erected, moved,
    transferred, enlarged, illuminated, or substantially altered without obtaining
    necessary permits and approvals.

    A.        Application Process.

         1.      The administrator shall process all sign applications and issue all sign
                 permits in accordance with this ordinance.



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     2.   An application for a sign permit shall be submitted to the administrator.
          The administrator may require the applicant to complete a form supplied
          by the county and submit necessary information, including plans and
          specifications, if reasonably required by the staff to determine whether
          the proposed sign will comply with the provisions of this chapter.
     3.   A sign permit from the building inspector, certifying that the sign
          complies with the North Carolina State Building Code, will also be
          needed in most every case, even when the sign is exempt under this
          ordinance. Building inspector will not certify sign compliance at permit
          issuance. Certification is given at final inspection.
     4.   The department shall issue the requested sign permit if he determines
          that the sign, if constructed, erected, moved, enlarged, illuminated, or
          altered in accordance with the plans submitted, will comply with the
          provisions of this chapter. All illuminated signs shall comply with the
          Outer Banks overlay district lighting ordinance.

B.   The administrator shall post sign permit fees as specified by the Board of
     Commissioners. An application for a sign permit shall be accompanied with a
     permit fee in the amount specified by the Board of Commissioners.
C.   Except as otherwise provided, a permit to erect a new sign shall expire within
     six months of the date of issuance unless within that time the work authorized
     by the permit has been started. Applicants shall have 12 months to complete
     construction.
D.   If a sign permit expires as provided in subsection (1), no further work to
     construct, erect, move, enlarge, illuminate, or alter the sign may take place
     unless a new sign permit is obtained. The applicant shall be subject to all
     regulations applicable at the time a new application is submitted.

4.7.4.11 Standards for Maintenance of Signs

A.   All signs and all components thereof, including without limitation supports,
     braces, and anchors, shall be kept in a state of good repair.
B.   If a sign advertises a business, service, commodity, accommodation
     attraction or other enterprises or activity that is no longer operating or being
     offered or conducted that sign shall be considered abandoned and shall,
     within 30 days after such abandonment, be removed by the sign owner,
     owner of the property where the sign is located, or other party having control
     over such sign.
C.   If the message portion of a conforming sign is removed, leaving only the
     supporting "shell" of a sign or the supporting braces, anchors, or similar


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              Currituck County Unified Development Ordinance
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         components, the owner of the sign or the owner of the property where the
         sign is located or other person having control over such sign shall, within 30
         days of the removal of the message portion of the sign, either replace the
         entire message portion of the sign or remove the remaining components of
         the sign.

    D.   The area within ten feet in all directions of any part of a sign shall be kept
         clear of all debris.

    4.7.4.12 Unlawful Cutting of Trees or Shrubs
    No person may, for the purpose of increasing or enhancing the visibility of any
    sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation
    located:

    A.   Within the right-of-way of any public street or road, unless the work is done
         pursuant to the express written authorization of the North Carolina
         Department of Transportation;

    B.   On property that is not under the ownership or control of the person doing or
         responsible for such work, unless the work is done pursuant to the express
         authorization of the person owning the property where such trees or shrubs
         are located; and /or

    C.   In any area where such trees or shrubs are required to remain under a permit
         issued under t h i s o r d i n anc e .

    4.7.4.13 Nonconforming Signs

    A.   Nonconforming signs shall be governed by the provisions of this section.
         Where these regulations refer to nonconforming signs, this shall mean to
         include nonconforming on-premise and off-premise signs. Where these
         regulations refer nonconforming on-premise or off-premise signs, then the
         applicable section shall apply only to that type of sign.

    B.   Pre-existing nonconforming signs which have a valid permit shall be allowed
         to remain.

    C.   When the Administrator determines that a nonconforming sign is removed or
         damaged by 25 percent or more of the sign replacement cost then such
         nonconforming sign may not be relocated or replaced except in compliance
         with this ordinance.




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D.   If a nonconforming off-premise sign or on-premise sign advertises a business,
     service, commodity, accommodation, attraction or other enterprise or activity
     that is no longer operating or being offered or conducted, that sign shall be
     considered abandoned and shall be removed within 30 days after such
     abandonment by the sign owner, owner of the property where the sign is
     located, or other party having control over such sign.

4.7.4.14 Penalties for Noncompliance

A.   The enforcement of a violation shall be in accordance with Chapter 15 of this
     ordinance.

B.   Revocation of Permit for Nonconformance. Permit revocation for the signs
     located within the Currituck County Outer Banks Overlay District shall be in
     accordance with the following provisions:

     1.   The administrator shall revoke any sign permit issued under this chapter
          for any of the following reasons:

          a.   Issuance of the permit under a mistake of material fact when, had
               the correct fact been known, the permit would not have been
               issued;

          b.   Misrepresentation of a material fact by the applicant for a sign
               permit; and; and/or,

          c.   Failure to comply with any of the provisions of this chapter, except
               that a permit for a nonconforming sign may not be revoked so long
               as the nonconforming situation is allowed to continue pursuant to
               Chapter 16.

     2.   Before revoking a sign permit, the administrator shall give the sign owner
          30 days notice by certified mail of his intent to revoke the permit and shall
          inform such persons of the reasons for the proposed revocation and of
          his right to obtain an informal hearing on the allegations. If the permit is
          revoked, the administrator shall provide to the owner a written statement
          of the decision and the reasons thereof. The administrator shall also
          inform the owner of his right to appeal the decision to the Board of
          Adjustment.

     3.   No person may continue to operate, maintain, or leave standing any sign
          or part or component thereof for more than ten days after the permit
          authorizing such sign has been revoked under this section or has
          expired.

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4.7.5 Special Lighting Requirements for the OB Overlay

    4.7.5.1 Purpose & Applicability

    A.   The intent of these regulations is to allow installation of exterior lighting that
         provides adequate illumination for the performance of necessary tasks in the
         illuminated areas while reducing a dangerous or disabling glare, avoiding the
         illumination of adjacent or nearby properties, streets and roadways and
         avoiding the illumination of the night sky. It is also the intent of these
         regulations to require the conservation of energy and to preclude a utility
         emergency.

    B.   The following lighting is exempt from the requirements of this section:

         1.   Holiday lighting during the months of November, December and January
              provided the lighting does not create disabling glare onto adjacent rights-
              of-way

         2.   Communication tower lighting

         3.   Airport or airstrip lighting for navigational purposes

         4.   Currituck Beach Lighthouse beacon

         5.   Uplighting of the United States flag, North Carolina flag, or the official
              Currituck County flag

         6.   Governmental buildings

    4.7.5.2 Prohibited Lighting

    A.   Light fixtures that imitate an official highway or traffic control light or sign are
         prohibited.

    B.   Light fixtures in the direct line of vision with any traffic control light or sign are
         prohibited.

    C.   Light fixtures that have a flashing or intermittent pattern of illumination, except
         for time and temperature displays are prohibited.

    D.   Privately owned light fixtures located in the public right-of-way are prohibited.



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E.   Light fixtures that are a source of glare by their design, orientation or intensity
     are prohibited.

F.   Searchlights are prohibited except when used by federal, state or local
     authority.

G.   Illumination of public beach and estuarine waters from uses that are not water
     dependent shall be prohibited.

H.   Uplighting of windsocks, fountains, or flags is prohibited excepting the United
     States flag, North Carolina State flag or the official Currituck County flag.

I.   Structure highlighting is prohibited.

J.   Lights illuminating freestanding residential house signs are prohibited.

4.7.5.3 Compliance

A.   All new lighting installed after the effective date of this ordinance shall be
     installed in compliance with the requirements of this ordinance. Any lighting
     in existence before the effective date of this ordinance that does not comply
     with the requirements of this ordinance shall be considered legally
     nonconforming and may remain.           All nonconforming lighting shall be
     governed by the requirements of this chapter and not Chapter 16
     Nonconforming Situations.

B.   When poles and support structures are removed and replaced they must be
     replaced with poles, support structures and luminaries that comply with the
     requirements of this chapter.

C.   When luminaries are replaced, they must be replaced with luminaries that
     comply with all provisions of this chapter.

D.   All additions to vehicular accommodation areas shall comply with the
     requirements of this chapter.

E.   All additions to existing structures shall comply with the requirements of this
     chapter. When an addition exceeds 30 percent of the total floor area of the
     existing buildings on the property or 1,000 square feet, whichever is less, then
     the entire exterior site lighting (building, security, and property) must be
     upgraded, as necessary, to comply with the requirements of this chapter.

F.   Additions or replacements to exterior lighting will be designed to avoid harsh
     contrasts in color or lighting levels.

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    G.   Whenever the permit issuing authority allows or requires a deviation from the
         presumptive lighting requirements set forth in this ordinance, such deviation
         shall be allowed solely for health, safety and crime prevention. The deviation
         shall be in accordance with the light levels, fixture style and placement
         governed by the Illumination Engineering Society of North America (IESNA)
         Lighting Handbook 2000 Edition. Certification from a North Carolina Licensed
         Engineer shall be required for any deviation from this ordinance.

    H.   When a change in use occurs and the new use is the same or lower land use
         classification than the previous use as found in the Permitted Uses Table then
         the applicant shall not be required to bring the exterior lighting into
         compliance with this chapter. When the change in use occurs, and the new
         use is of a higher classification than the previous use as found in the
         Permitted Uses Table, then exterior site lighting shall comply with the
         requirements of this chapter.

    I.   When a site has been unoccupied for a consecutive period of 270 days the
         site lighting shall be upgraded to fully comply with this chapter prior to any
         reoccupation of the site.

    J.   Lighting for signage shall be governed by the requirements contained in
         Chapter 7 and not the requirements of this chapter.

    4.7.5.4 Lighting Design Standards

    A.   All exterior lighting, excluding security lighting, shall be reduced by a
         minimum of 50 percent after operating hours to decrease unneeded lighting.

    B.   When practicable, all lighting installations will include timers, dimmers and
         sensors to reduce overall energy consumption.

    C.   All exterior luminaries, including security lighting, shall be full cut-off fixtures.
         In no case shall lighting be directed above a horizontal plane through the
         lighting fixture.

    D.   Vehicular accommodation area lighting (parking area) shall be designed to
         provide minimum lighting necessary to ensure adequate vision and safety.
         Such lighting shall not cause disabling glare or direct illumination onto
         adjacent properties. Lighting levels shall be reduced by a minimum of 50
         percent after operating hours.




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E.   The maximum height for exterior light fixtures shall be 25 feet above natural
     grade; but, shall not exceed the building height if the building(s) are less than
     25 feet.

F.   Lighting levels for canopies (including gas pump and drive-through banking
     facilities) shall not be used to attract attention to the business. All canopy
     lighting shall be recessed into the canopy ceiling so that the bottom of the
     fixture is flush with the ceiling or shall be a full cut-off fixture. No luminary
     shall exist on the top or side of the canopy. Lighting levels shall be reduced
     by a minimum of 50 percent after operating hours.

4.7.5.5 Interior Lighting
Where interior lighting shining through glass areas is excessive and it illuminates
the exterior areas adjacent to the structure, then exterior lighting regulations shall
apply when such interior lighting is considered to create an annoying, dangerous or
disabling glare.

4.7.5.6 Outdoor Recreational Facility Lighting
Light fixtures for the recreational use shall include timers to reduce energy
consumption. All light fixtures shall be turned off no later than 11:00 p.m., unless
otherwise specified.

4.7.5.7 Lighting Measurements

A.   Lighting levels shall be measured in foot-candles.

B.   All lighting fixtures, excluding street lighting, shall be designed installed and
     maintained to prevent light trespass. The maximum illumination at the
     property line shall not exceed 1.5 foot-candles measured at ground level by a
     measuring device.

C.   The maximum permitted foot-candle shall not exceed 15 at any location on
     any commercial site.

D.   Measurements of newly installed light fixtures shall account for a light loss
     factor of 0.75 figured into the calculation. For example, a newly installed
     fixture that has a meter reading of one initial foot-candle and a light loss factor
     of 0.75 would calculate to 0.75 maintained foot-candle.

4.7.5.8 Lighting Plan
All nonresidential developments shall submit a lighting plan produced by the
lighting manufacturer, registered architect or engineer as part of the site plan
review process. The lighting plan shall include:

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     A.   A site plan drawn to a scale of not more than 1 inch equaling 50 feet
          indicating areas to be illuminated, including but not limited to, building(s),
          sign(s), vehicular accommodation areas and the locations of all proposed
          exterior light fixtures.

     B.   Drawings of proposed building elevations showing the building height and
          location and type of light fixtures.

     C.   Proposed mounting height of all exterior light fixtures.

     D.   Specifications and descriptions for all proposed exterior light fixtures including
          photometric data, reflectors, angle of cut-off, supports, and poles.

     E.   Locations and descriptions of all proposed exterior light fixtures and hours of
          operation

     F.   Analysis and luminance level plans in the form of an iso foot candle or point-
          by-point grid diagram drawn to scale. The submitted grid plan shall plot
          lighting levels at ten foot intervals or less. The iso foot candle diagram shall
          plot foot candles in increments of 0.5 foot-candle or less.

4.7.6 Dune Development

A.   No development or use of the significant dunes (any dune which is 25 feet or more
     in height above sea level) known as Lewark's Hill or Three Sister's Hill (located on
     the west side of NC 12) may occur.

B.   No development or use of property containing any significant dune(s) may occur
     until the Administrator is assured that:

     1.   No public or private street will be located in relation to a significant dune such
          that the street is likely to be damaged by erosion or become hazardous due to
          infiltration of sand; and,

     2.   No property may be subdivided so as to create lots that, if developed, would
          be endangered by the natural migration of sand from a significant dune or
          would damage or otherwise impair the natural state of the dune (including its
          evolutionary growth and movement and its natural vegetation).

C.   Any person seeking to subdivide, develop or otherwise use any property containing
     a significant dune or likely to be effected by a significant dune must present to the
     Administrator a statement from a licensed geologist containing a geological
     analysis of the likely impact of the significant dune upon the proposed use or


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     development and certifying whether the conditions set forth in this section are
     satisfied, given the proposed plans for development.

D.   If, after the statement required above has been submitted, the permit issuing
     authority concludes that enforcement of the requirements this section above would
     unduly restrict the property owner's reasonable use of the property, less restrictive
     means of preserving the significant dune(s) and protecting future development
     from its hazardous effects shall be recommended. Such property owner shall
     employ the alternative that will cause the least possible damage or disruption to
     the significant dune(s) without unduly restricting the reasonable use of the property
     provided all CAMA and Federal regulations are adhered to. Alternatives to the
     requirements this section shall include but are not limited to:

     1.   Avoiding removal or disruption of any existing vegetation on or around the
          significant dune;

     2.   Stabilizing the significant dune by planting and maintaining vegetation
          especially designed to provide stabilization (See UNC Sea Grant Publication
          82-05);

     3.   Decreasing the size of the significant dune; and,

     4.   Removing the significant dune, where no other method of minimizing its
          potentially hazardous impact of the proposed use or development is feasible.

E.   No person may remove sand from a significant dune, whether in connection with
     the development or use of the property upon which the significant dune is located,
     or in connection with the use or development of any other property, or for any other
     reason.

4.7.7 Maritime Forest Guide
In order to aid barrier island stabilization and to protect the barrier islands of the county
from the adverse effects of storms and salt spray; to conserve groundwater, wildlife and
recreational resources and to safeguard and enhance property values and public and
private investment; the following maritime forest guide is adopted:

A.   Applicability: all development on the Outer Banks subject to the provisions of this
     ordinance shall comply with the maritime forest guide. For purposes of this guide,
     clearing of maritime forest is broken down into two stages; one for the developer
     and the other for the builder. The developer's stage is herein called "Overall Site
     Preparation and Development" and the builder's stage is referred to as "Individual
     Lot Design and Building Construction". Further, foresting of timber within a
     maritime forest shall be subject to the "Overall Site Preparation and Development"
     standards and shall require sketch plan approval in accordance with this guide.

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B.   Overall Site Preparation and Development: before any land clearing or excavation
     of maritime forest can begin, agencies involved in the plat review process shall be
     provided sufficient information to assess how the development adheres to the
     recommendations of this guide. The overriding concern should be to minimize
     alterations of forest vegetation, topography, and ground water systems. Evaluation
     of site clearing will be subject to the following general principles:

     1.   The developer shall be encouraged to leave the largest contiguous area of
          maritime forest intact, creating as few edges as possible, and to concentrate
          development in less sensitive areas away from sheer zones, wetlands, and
          other ecologically important vegetation. Preserved maritime forest will be
          counted in the open space requirements. Evaluation of site suitability will use
          the following criteria:

          a.   Unforested land areas shall be considered the most suitable building
               sites unless such selection would threaten living vegetation by
               stimulating dune migration or cause extensive salt mist intrusion into the
               maritime forest or would involve alterations otherwise prohibited;

          b.   The most suitable sites will necessitate the least disturbance of living
               trees and vegetation. The density, height and variety of the vegetation
               to be removed shall be considered so as to preserve those forest stands
               which will provide the most protection from storm and salt spray and
               maintain the natural diversity of plant species. Reforestation should be
               considered when deemed necessary;

          c.   Site topography will be evaluated for overall development suitability so
               that, if possible, all proposed structures can be constructed in harmony
               with the existing tree cover while maintaining setback requirements.
               Dune stabilization is encouraged;

          d.   Clearing of forest undergrowth by "bushhogging", burning or any other
               method is not recommended unless it is absolutely necessary for
               functional, utilitarian or aesthetic reasons such as nature trails,
               recreational areas, access to sound or access for spraying;

          e.   Filling of a forest area where approved undergrowth clearing has been
               permitted is discouraged. However, if it is absolutely necessary, such as
               for drainage of surface water, then filling is considered appropriate
               provided that necessary steps are taken to protect remaining vegetation,
               which may include, but is not limited to, the installation of bulkheads;
               and,



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          f.   The following is not recommended unless it can be shown to have no
               adverse effect on the specific site's maritime forest: dredging, filling or
               otherwise altering of wetlands and ponds from their natural state except
               as specifically allowed by the county. Minor road crossings over
               wetlands should be avoided except for the sole purpose of providing
               driveway access to individual lots. Impervious surfaces should not be
               located within 20 feet of any pond, wetland or navigable waters. No
               ground absorption waste-water treatment should be located within 50
               feet of any pond or wetland.

     2.   No more than 20 percent of the maritime forest should be cleared for
          infrastructure purposes such as roads and utilities. Development should be
          concentrated in such a way that the maximum amount of contiguous forested
          area remains undisturbed. If the clearing maximum cannot be met, a
          mitigation plan should be prepared.

     3.   Right-of-way widths within the maritime forest should not exceed 45 feet
          including land cleared for shoulders and drainage, and should follow the
          natural contours of the land insofar as possible. Curb and gutters should not
          be installed

C.   Individual Lot Design and Building Construction: before any land clearing or
     excavation of maritime forest can begin, agencies involved in the building site plan
     approval process should be provided sufficient information to assess how the
     development adheres to the recommendations of this guide. As part of the site
     approval process and before a building site clearing permit is issued, the planning
     department shall apply the following criteria and limitations on clearing of maritime
     forest:

     1.   Trees and undergrowth should not be removed except as required for
          construction of structures, recreational facilities, accessory use, parking area,
          driving access, individual or central septic systems and utility service.
          Likewise, soil disturbing activities and site alteration should not exceed what
          is necessary to provide for the location of structures, accessory use
          improvements, driveway access and utility service improvements;

     2.   Specific lot development and associated forest clearing should be limited by
          the following maximum allowable clearing percentages based on individual
          building lot size:
                      Individual Lot Size Square  Permissible Forest Cleaning
                                  Foot
                   59,999 or less                35%
                   60,000 to 79,999              30%
                   80,000 or more                25%
                 * If these clearing maximums cannot be met, a mitigation plan should be prepared;

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     3.   The permanent drawdown of ground water, except for wells and alteration of
          natural drainage patterns, beyond an individual property line is not
          recommended;

     4.   Removal of vegetation providing storm or salt mist protection or acting to
          stabilize soil or limit dune migration should be minimized; and,

     5.   To the maximum extent feasible, utilities should be located to the edge of
          areas that have been cleared for access and building purposes.

D.   Mitigation Guide: in order to protect and re-establish natural vegetation during and
     after construction, the following actions are suggested:

     1.   In any areas where vegetation removal will expose bare ground, a ground
          stabilization plan should be prepared. Suitable native vegetation cover
          should be established as soon as possible.          While re-forestation is
          encouraged, the planting of undesirable or exotic vegetation which threatens
          the remaining native vegetation is not recommended ; and,

     2.   To avoid pest and disease damage to remaining vegetation, any broken limbs
          and scraped or scarred bark occurring during construction should be promptly
          attended to using accepted horticultural practices.

4.7.8 Outdoor Storage
Storage located outside of a completely enclosed structure in the RO2 zoning district
shall be completely screened from adjoining properties and street right-of-ways.




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          CHAPTER 5: LANDSCAPING,
          BUFFERYARDS & SHADING
Section                                                           Page

5.1   Applicability and Purpose……………………………………………………….. 5-2

5.2   General Provisions for Bufferyards…………………………………………..... 5-3

5.3   Bufferyard Classification………………………………………………………… 5-4

5.4   Table of Bufferyard Requirements……………………………………………... 5-4

5.5   Description of Bufferyards………………………………………………………. 5-5

5.6   Flexibility in Administration ………………………………………………………5-14

5.7   Bufferyard Maintenance…………………………………………………………. 5-14

5.8   Shading……………………………………………………………………………. 5-15

5.9   Planting Guide……………………………………………………………………. 5-18




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                 Currituck County Unified Development Ordinance
CHAPTER 5: LANDSCAPING, BUFFERYARDS & SHADING

Section 5.1 Applicability & Purpose

5.1.1 Applicability

A.   Bufferyard requirements established in this chapter apply to all new and expanded
     developments except where specific landscaping requirements are established for
     certain uses. Bufferyards are not required along those areas where there are 500
     feet or more separating adjoining property lines or street right-of-way lines from
     any improved area, accessory structure, storage area or use of land including but
     not limited to extraction activities and storm water detention areas. Bufferyards are
     not intended to separate mixed uses within a single development or on a single lot.

B.   Shade tree requirements established in this chapter apply to all new and expanded
     developments except where specific landscaping requirements are established for
     certain uses.

5.1.2 Purpose

A.   The purpose of bufferyards is to:

     1.   Reduce noise, dust, visual pollution, and glare between two lots;

     2.   Provide visual and physical separation of spaces;

     3.   Encourage the preservation of existing trees and vegetation;

     4.   Safeguard and enhance property values by shielding neighboring properties
          from any adverse external effects of adjacent uses, streets, or railroads;

     5.   Stabilize the ecological balance of the County; and,

     6.   Safeguard the public health, safety and welfare.

B.   The purpose of shade trees is to:

     1.   Produce oxygen, reduce carbon dioxide, and play a vital role in purifying the
          air we breathe by transpiring water;

     2.   Play important role in neutralizing waste water passing through the ground
          from the surface to ground water tables and lower aquifers;

     3.   Stabilize the ground water tables and improve soil conservation, erosion
          control and flood control;

     4.   Provide a physical, aesthetic, and psychological counterpoint to a developed
          setting, making life more comfortable by providing shade and cooling the air

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          and land, reducing noise levels and glare and breaking the monotony of
          human developments on the land, particularly parking areas;

     5.   Improve desirability of land and protect property values; and,

     6.   Protect the health, safety, and welfare of all persons living or working within
          the County of Currituck.


Section 5.2 General Provisions for Bufferyards

A.   Prior to issuance of a building permit, an applicant must propose and receive
     approval for a bufferyard plan.

B.   No vegetative screening or barriers required by this section shall be planted on
     property subject to utility or drainage easements without the written consent of the
     easement holder.

C.   When a drainage ditch separates property lines, all vegetation and fencing
     required by this Section shall be provided. However, in no case shall the required
     vegetation and fencing be located in less than five feet of land area from the outer
     edge of the drainage ditch.

D.   Required landscaping materials, fencing and berms shall not encroach within
     future thoroughfare rights-of-way.

E.   If at the time of the request for a certificate of occupancy, the required bufferyard
     vegetation is not in place due to the unavailability of plant material or unsuitable
     weather, then the developer/owner shall post a performance bond for 115 percent
     of the total cost of improvements.

F.   In the event the required bufferyard occupies over 35 percent of the lot width, then
     the bufferyard may be reduced proportionally in order that does not exceed 35
     percent of the lot width.

G.   Landscaping required by this chapter, including shading provisions, shall be
     planted in accordance with the following minimum planting heights:

     Large trees:   4’
     Small trees:   3’
     Shrubs:        1’




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CHAPTER 5: LANDSCAPING, BUFFERYARDS & SHADING


Section 5.3 Bufferyard Classification

A.   To determine the type of bufferyard required between adjacent land uses, the
     following steps shall be taken:

     1.    Identify the Land Use Classification of the proposed land use and of each
           existing adjacent land use(s) by using the Permitted Uses Table in Chapter 2.

     2.    Use the Table of Bufferyard Requirements (Section 5.4) to determine the
           appropriate letter designation for each bufferyard.

     3.    Match the letter designation obtained from the Table of Bufferyard
           Requirements with the Bufferyard Type (Section 5.5) to determine the amount
           of landscaping required.


Section 5.4 Table of Bufferyard Requirements (08-49, 10/20/08)

A.   Below is the Table of Bufferyard Requirements used to determine bufferyards
     between adjacent land uses. If the use adjacent to the proposed development is a
     nonconforming use in its zoning district, then the Adjacent Type column shall be
     used to determine the bufferyard type.

                  Adjacent Development           Adjacent Type
                          Class             (adjacent nonconforming     Adjacent
 Proposed
                (adjacent use conforming)              use)             Public or   Adjacent
Development
                                                                         Private    Railroad
   Class                                                    Non-
                 I      II     III    IV    Residential                  Street
                                                          Residential

     II          A      B      C      C         B             C            C           B

     III         A      A      C      C         B             C            C           C

     IV          D      A      B      C         A             B            A           C


B.   When two or more parcels share a common driveway in order to reduce the
     number of curb cuts, the adjoining yard landscaping shall not apply provided all fire
     code regulations are met and adequate utility and drainage easements are
     provided.

C.   When a religious institution adjoins an existing residential dwelling, then vegetation
     as provided for Class C bufferyards shall be required along that property line.

D.   In determining the landscaping requirements that apply between a combination
     use and another use, the permit issuing authority shall proceed as if the principal


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     uses that comprise the combination use were not combined and reach its
     determination accordingly.

E.   When two or more principal uses are combined to create a combination use,
     landscaping shall not be required between the component principal uses unless
     they are clearly separated physically and screening is determined to be necessary
     to satisfy the standards of this section.


Section 5.5 Descriptions of Bufferyards

The following four basic types of bufferyards are hereby established. Plant types shall
be chose from the Planting Guide in Section 5.9.

A.   Opaque Bufferyard, Type "A":

     1.   Buffer Width: Type "A" bufferyards shall be a minimum 25 feet in width.
          Within the prescribed width, no encroachments by vehicular areas, buildings,
          exterior storage, dumpsters or mechanical equipment shall be permitted.

     2.   Buffer Composition: Landscaping that is opaque from the ground to a
          height of at least six feet, with intermittent visual obstructions from the opaque
          portion to a height of at least 20 feet. An opaque landscaping is intended to
          exclude completely all visual contact between uses and to create a strong
          impression of spatial separation. The opaque landscaping may be composed
          of a wall, fence, landscaped earth berm, planted vegetation, or existing
          vegetation. Compliance of planted vegetative screens or natural vegetation
          will be judged on the basis of the average mature height and density of
          foliage of the subject species, or field observation of existing vegetation. The
          opaque portion of the screen must be opaque in all seasons of the year. At
          maturity, the portion of intermittent visual obstructions should not contain any
          completely unobstructed openings more than ten feet wide. The portion of
          intermittent visual obstructions may contain deciduous plants. Below is a
          suggested guideline for developers.

          When a fence or wall is used to augment a vegetative buffer, such wall or
          fence shall not be a part of any building or structure, must be constructed so it
          is visually opaque, and must comply with the following appearance criteria:

          (a)   Must be constructed of new uniform materials from end to end and from
                top to bottom so as to present a uniform appearance;

          (b)   Must be constructed so as to be sturdy enough to withstand storm wind
                loads and the general destructive tendencies of annual weather patterns;




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        (c)   Must be constructed so as to be expected to have a useful life of ten
              years or more;

        (d)   Must be maintained in a constant state of good repair;

        (e)   Must be constructed of materials and in a manner generally accepted as
              proper in the building industry or by N.C. State Building Codes; and,

        (f)   Fences of the chain link type with plastic inserts or filler strips shall not
              comply with this section unless deemed appropriate by the administrator.

   3.   Options for Type “A” Bufferyards

        Option 1:
           •    Six foot tall evergreen shrubs opaque from the ground to a height of
                at least six feet with intermittent visual obstructions from the opaque
                portion to a height of at least 20 feet; and,
           •    Small trees planted 30 on center.




        Option 2:
           •    Large evergreens trees planted, staggered, and branches touching the
                ground.




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                             CHAPTER 5: LANDSCAPING, BUFFERYARDS & SHADING

           Option 3:
              •    Six foot tall solid screen fence; and,
              •    Large trees planted 40 feet on center.
           •




B.    Semi-Opaque Bufferyard, Type "B":

      1.   Buffer Width: There is no minimum buffer width.

      2.   Buffer Composition: Landscaping that is 50 percent opaque from the
           ground to a height of three feet, with intermittent visual obstruction from
           above the opaque portion to a height of at least 20 feet. The semi-opaque
           landscaping is intended to partially block visual contact between uses and to
           create a strong impression of the separation of spaces. The semi-opaque
           landscaping may be composed of a wall, fence, landscaped earth berm,
           planted vegetation, or existing vegetation. Compliance of planted vegetative
           screens or natural vegetation will be judged on the basis of the average
           mature height and density of foliage of the subject species, or field
           observation of existing vegetation. At maturity, the portion of intermittent
           visual obstructions should not contain any completely unobstructed openings
           more than 20 feet wide. The zone of intermittent visual obstruction may
           contain deciduous plants.

     3.    Options for Type “B” Bufferyards

           Option 1:
              •    Three foot tall evergreen shrubs planted at three feet on center; and,
              •    Small trees planted at 30 feet on center.




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      Option 2:
           •    Three foot tall evergreen shrubs planted at three feet on center; and,
           •    Large trees planted at 40-50 feet on center.




      Option 3:
           •    Three foot tall seeded berm; and,
           •    Small trees planted at 30 feet on center.




      Option 4:
           •    Three foot tall fence that is at least 50 percent opaque; and,
           •    Small trees planted at 30 feet on center




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C.   Broken Bufferyard, Type "C":

     1.   Buffer Width: There is no minimum buffer width.

     2.   Buffer Composition: Landscaping composed of intermittent visual
          obstructions from the ground to a height of at least 20 feet. The broken
          landscaping is intended to create the impression of a separation of spaces
          without necessarily eliminating visual contact between the spaces. It may be
          composed of a wall, fence, landscaped earth berm, planted vegetation, or
          existing vegetation. Compliance of planted vegetative screens or natural
          vegetation will be judged on the basis of the average mature height and
          density of foliage of the subject species, or field observation of existing
          vegetation. The screen may contain deciduous plants.

     3.   Options for Type “C” Bufferyards

          Option 1:
             •    Three foot tall split rail fence; and,
             •    Small trees planted at 40 feet on center.




          Option 2:
             •    Evergreen shrubs planted intermittently at a rate of not less than 10 per 100
                  feet; and,
             •    Small trees planted at 60 feet on center.




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          Option 3:
             •    Small trees planted at 30 feet on center




D.   Opaque Bufferyard, Type "D":

     1.   Buffer Width: Type "D" bufferyards shall be a minimum 50 feet in width.
          Within the prescribed width, no encroachments by vehicular areas, buildings,
          exterior storage, dumpsters or mechanical equipment shall be permitted.

     2.   Buffer Composition: Landscaping that is opaque from the ground to a
          height of at least six feet, with intermittent visual obstructions from the opaque
          portion to a height of at least 20 feet. An opaque landscaping is intended to
          exclude completely all visual contact between uses and to create a strong
          impression of spatial separation. The opaque landscaping may be composed
          of a wall, fence, landscaped earth berm, planted vegetation, or existing
          vegetation. Compliance of planted vegetative screens or natural vegetation
          will be judged on the basis of the average mature height and density of
          foliage of the subject species, or field observation of existing vegetation. The
          opaque portion of the screen must be opaque in all seasons of the year. At
          maturity, the portion of intermittent visual obstructions should not contain any
          completely unobstructed openings more than ten feet wide. The portion of
          intermittent visual obstructions may contain deciduous plants. Below is a
          suggested guideline for developers.

          When a fence or wall is used to augment a vegetative buffer, such wall or
          fence shall not be a part of any building or structure, must be constructed so it
          is visually opaque, and must comply with the following appearance criteria:

          a.   Must be constructed of new uniform materials from end to end and from
               top to bottom so as to present a uniform appearance;

          b.   Must be constructed so as to be sturdy enough to withstand storm wind
               loads and the general destructive tendencies of annual weather patterns;

          c.   Must be constructed so as to be expected to have a useful life of ten
               years or more;



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     d.   Must be maintained in a constant state of good repair;

     e.   Must be constructed of materials and in a manner generally accepted as
          proper in the building industry or by N.C. State Building Codes; and,

     f.   Fences of the chain link type with plastic inserts or filler strips shall not
          comply with this section unless deemed appropriate by the administrator.

3.   Options for Type “D” Bufferyards

     Option 1:
        •    Six foot tall evergreen shrubs opaque from the ground to a height of
             at least six feet with intermittent visual obstructions from the opaque
             portion to a height of at least 20 feet; and,
        •    Small trees planted 30 on center.




     Option 2:
        •    Large evergreens trees planted, staggered and branches touching the
             ground.




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       Option 3:
          •    Six foot tall solid screen fence; and,
          •    Large trees planted 40 feet on center.
       •




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        CHAPTER 5: LANDSCAPING, BUFFERYARDS & SHADING

    DIAGRAM OF LANDSCAPING YARDS




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Section 5.6 Flexibility in Administration

A.   The permit issuing authority may permit deviations from the presumptive
     requirements of this chapter and may require either more intensive or less
     intensive landscaping whenever it finds such deviations are more likely to satisfy
     the standard set forth in Sections 5.4 and 5.5 without imposing unnecessary costs
     on the developer.

B.   Without limiting the generality above, the permit issuing authority may modify the
     presumptive requirements for:

     1.   Commercial developments located adjacent to residential uses in business
          zoning districts; and,

     2.   Commercial uses located adjacent to other commercial uses within the same
          zoning district.

C.   Whenever the permit issuing authority allows or requires a deviation from the
     presumptive requirements of this chapter, it shall enter on the face of the permit
     the landscaping requirement that it imposes to meet the standard set forth in this
     chapter and the reasons for allowing or requiring the deviation.

D.   The administrator may allow a reduction in the planting heights along an adjoining
     vacant property line or where smaller planting heights is deemed best in light of the
     plant materials chosen.


Section 5.7 Bufferyard Maintenance

A.   The property owner shall be responsible for maintaining all vegetation required by
     this chapter in a healthy condition. Any dead, unhealthy or missing vegetation shall
     be replaced upon written notice of noncompliance by the county to insure
     compliance with all bufferyard requirements. Replacement must occur upon
     notification by the county of any dead, unhealthy or missing vegetation and shall
     be planted in accordance with the provisions of this chapter. Replacement shall
     occur at the earliest suitable planting season.

B.   To insure that landscape materials do not constitute a driving hazard, 10’ x 70’
     sight distance will be observed at all public street intersections and a 10’ x 35’ sight
     distance will be observed where driveways intersect with streets. Within this sight
     triangle, no landscape material, fencing or berms exceeding 30 inches above the
     adjacent street shall be permitted.




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                            CHAPTER 5: LANDSCAPING, BUFFERYARDS & SHADING

C.   To ensure that fencing will be maintained in a safe and aesthetic manner, the
     following maintenance requirements must be observed for all fencing required by
     this ordinance:

     1.   No fence shall have more than 20 percent of its surface area covered with
          disfigured, cracked, or missing materials or peeling paint for a period of more
          than 30 successive days.

     2. No fence shall be allowed to remain with bent or broken supports or be allowed
         to stand more than 15 degrees away from perpendicular for a period of more
         than 30 successive days.


Section 5.8 Shading

5.8.1 Retention and Protection of Large Trees

A.   The retention or protection of trees 18 inches in diameter or more as provided
     below, unreasonably burdens a development if, to accomplish such retention or
     protection, the desired location of improvements on a lot or the proposed activities
     on a lot would have to be substantially altered and such alteration would work an
     unreasonable hardship upon the developer.           Inconvenience to equipment
     operators does not constitute an unreasonable burden.

B.   No excavation or other subsurface disturbance may be undertaken within the drip
     line of any tree 18 inches in diameter or more, and no impervious surface may be
     located within 12.5 feet (measured from the center of the trunk) of any tree 18
     inches in diameter or more.

C.   If space that would otherwise be devoted to parking cannot be used because of the
     requirements of this section, and as a result, the parking requirements set forth in
     Chapter 8 cannot be satisfied, the number of required spaces may be reduced by
     the number of spaces "lost" because of the provisions of this chapter up to a
     maximum of 15 percent of the required spaces.

5.8.2 Protection of Trees During Construction

A.   The permit recipient shall be responsible for ensuring that all existing trees
     specifically shown on approved plans as being retained are protected during the
     construction process from removal, destruction, or injury. The developer shall
     ensure that, before any excavation takes place on the site, a barrier is erected
     around the dripline of all such trees sufficient to put on notice all construction
     personnel that the area within the dripline of such trees is not to be disturbed.

B.   If a violation of this section occurs and as a result a tree is removed or dies within
     two years after a certificate of occupancy is granted then the developer (or his

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     successor) shall be required to replace the tree with one at least of equal diameter,
     up to a diameter of four inches. Such replacement must take place within one year
     after the death or removal of the tree occurs, and this obligation shall be a
     continuing condition of the validity of the permit.

C.   In order to better ensure the survival of existing trees, the developer should heed
     the following guidelines:

     1.   Protect trees with fencing and armoring during the entire construction period.
          The fence should enclose an area ten feet square with the tree at the center.

     2.   Avoid excavations beneath the crown of the tree.

     3.   Avoid compaction of the soil around existing trees due to heavy equipment.
          Do not pile dirt or other materials beneath the crown of the tree.

     4.   Keep fires or other sources of extreme heat well clear of existing trees.

     5.   Repair damaged roots and branches immediately. Exposed roots should be
          covered with topsoil. Severed limbs and roots should be painted. Whenever
          roots are destroyed, a proportional amount of branches must be pruned so
                             t
          that the tree doesn' transpire more water than it takes in. Injured trees must
          be thoroughly watered during the ensuing growing year.

     6.   All existing trees which will be surrounded by paving should be pruned to
          prevent dehydration.

     7.   No paving or other impermeable ground cover should be placed within the
          dripline of trees to be retained.

5.8.3 Street Trees
Along both sides of all newly created streets that are constructed in accordance with the
public street standards set forth in this ordinance, the developer shall either plant or
retain sufficient trees so that between the paved portion of the street and a line running
parallel to and 50 feet from the centerline of the street, there is for every 30 feet of street
frontage, an average of one small deciduous, native pine or cedar tree shall be planted,
or for every 50 feet of street frontage a minimum of one deciduous, native pine or cedar
large tree shall be planted. When trees are planted by the developer pursuant to this
Section, the developer shall choose trees that meet the suggested standards set forth in
Chapter.

5.8.4 Shade Trees in Parking Areas

A.   Parking areas must be shaded by deciduous trees (either retained or planted by
     the developer) When trees are planted by the developer to satisfy the requirements



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     of this section, the developer shall choose trees that meet the standards suggested
     in this chapter.

B.   Each tree shall be presumed to shade a circular area having a radius of 15 feet
     with the trunk of the tree as the center, and there must be sufficient trees so that,
     using this standard, 20 percent of the parking area will be shaded. The following is
     an elementary formula for determining the number of shade trees required to
     satisfy the requirement:

     a= area to be shaded = square footage of vehicle accommodation area x .20

      b = area shaded by existing trees to be retained in and around the vehicle
        accommodation area + area shaded by required screening trees + area
                           shaded by required street trees

                         If b>a, the shading requirement is met

     If b<a, use the following formula to determine the required number of shade
                                     trees required

C.   Shaded area may be calculated as follows:

                          3.14 x (crown radius)2 = shaded area

     Trees planted within the vehicle accommodation area are credited with shading
     707 sq. ft., based on crown radius of 15 ft. New or existing trees on the perimeter
     of the parking lot are credited for having only half a crown over the vehicle
     accommodation area (e.g., new perimeter trees will be crediting for shading 354
     sq. ft.). Generally all trees planted in compliance with the screening requirements
     and the street tree requirements will be considered perimeter trees. When smaller
     trees such as Dogwoods are planted, the credited shading area will be adjusted
     downward to 314 sq. ft. for interior trees and 157 sq. ft. for perimeter trees, based
     on a crown radius of 10 ft.

D.   Trees shall be setback far enough from parking areas so as not to cause an
     unhealthy situation for the plant material selected.

E.   Parking areas shall be laid out and detailed to prevent vehicles from striking trees.
     Vehicles will be presumed to have a body overhang of 3.5 feet.




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5.8.5 Standards for Street and Parking Area Trees
Trees planted in compliance with this section should have most or all of the following
qualities. The trees recommended or referenced in this section represent the best
combinations of these characteristics.

A.   Hardiness:

     Resistance to extreme temperatures
     Drought resistance
     Resistance to storm damage
     Resistance to air pollution
     Ability to survive physical damage from human activity

B.   Life cycle:

     Moderate to rapid rate of growth
     Long life

C.   Foliage and Branching:

     Tendency to branch high above the ground
     Wide spreading habit
     Relatively dense foliage for maximum shading

D.   Maintenance:

     Resistance to pests
     Resistance to plant diseases
     Little or no pruning requirements
     No significant litter problems


Section 5.9 Planting Guide

5.9.1 Guide For Planting Trees
The trees recommended or referenced in this section have minimal maintenance
requirements. However, all trees must receive a certain degree of care, especially
during and immediately after planting. In order to protect an investment in new trees,
the developer and his or her agents should follow these guidelines when planting:

A.   The best times for planting are early spring and early fall. Trees planted in the
     summer run the risk of dehydration.

B.   Plant all trees at least 3 ½ feet from the end of head-in parking spaces in order to
     prevent damage from car overhangs.



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C.   Dig the tree pit at least one foot wider than the root ball and at least six inches
                          s
     deeper than the ball' vertical dimension.

D.   Especially in areas where construction activity has compacted the soil, the bottom
     of the pit should be scarified or loosened with a pick ax or shovel.

E.   After the pit is dug, observe sub-surface drainage conditions. Most soils in the
     area are poorly drained. Where poor drainage exists, the tree pit should be dug at
     least an additional 12 inches and the bottom should be filled with coarse gravel.

F.   Backfill should include a proper mix of soil, peat moss and nutrients. All rooms
     must be completely covered. Backfill should be thoroughly watered as it is placed
     around the roots.

G.   Immediately after it is planted, the tree should be supported with stakes and guy
     wires to firmly hold it in place as its root system begins to develop. Staked trees
     will become stronger more quickly. Remove stakes and ties after one year.

H.   Spread at least three inches of mulch over the entire excavation in order to retain
     moisture and keep down weeds. An additional three inch saucer of mulch should
     be provided to form a basin around the trunk of the tree. This saucer helps catch
     and retain moisture.

I.   The lower trunks of new trees should be wrapped with burlap or paper to prevent
     evaporation and sun scald. The wrapping should remain on the tree for at least
     one year.

J.   Conscientious post-planting care, especially watering, pruning and fertilizing, is a
     must for street and parking lot trees. Branches of new trees may be reduced by as
     much as a third to prevent excessive evaporation.

5.9.2 Guide for Planting Shrubs

A.   Shrubs planted for screening purposes should be given a proper culture and
     sufficient room in which to grow. Many of the guidelines for tree planting listed in
     this Section also apply to shrubs. However, because specific requirements vary
     considerably between shrub trees, this section does not attempt to generalize the
     needs of all shrubs.

B.   For detailed planting information or individual species, refer to: Landscape Plants
     of the Southeast by R. Gordon Halfacre and Anne R. Shawcroft.

5.9.3 Lists of Recommended Trees and Shrubs
The following list indicates plantings which will meet the landscaping and shading
requirements of this Chapter. The list is by no means comprehensive and is intended
for landscaping and shading purposes. Plants were selected for inclusion on these lists

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according to four principal criteria: general suitability for the coastal section of North
Carolina, ease of maintenance, tolerance of county conditions and availability from area
nurseries. When selecting new plantings for a particular site, a developer should first
consider the types of plants which are thriving on or near that site. Accordingly, native
North Carolina species should often be favored. However, if an introduced species has
proven highly effective for landscaping or shading in coastal areas, it too may be a
proper selection.

A.   Small Trees for Partial Screening
     The following trees are recommended for use in all types of screens. Each of
     these trees should reach a height of at least 20 feet. Selections marked with an (*)
     are also recommended as shade trees and may be credited for meeting the 20
     percent shading requirement for parking lots.

     1.   RIVER BIRCH (Betula nigra)
                        ;
          Height: 20-40'Spread: 8-16'
          The River Birch is a native tree which usually grows along stream banks. In
          landscape design, it is adaptable to either high or low locations, but still
          requires a lot of moisture. This tree has an interesting, papery bark and a
          graceful branching habit. It has no special pest or maintenance problems.

     2.   *AMERICAN HORNBEAM (Carpinus carolinia)
                         ;
          Height: 20-30'Spread: 15-20'
          This native tree has a natural yet refined appearance. It is slow growing, but
          at maturity it serves as an excellent small shade tree. Its fluted, "muscular"
          trunk is an interesting feature. In the wild, the American Hornbeam is
          common in moist rich soil, yet, when used in landscape design, it is soil
          tolerant and does not require an unusual amount of water. It has no pests
          and no special maintenance problems.

     3.   EASTERN REDBUD (Cercis canadensis)
                        ;
          Heights: 20-30'Spread: 12-25'
          This native tree is covered by beautiful pink flowers in the spring and
          develops a dense round crown when allowed to grow in direct sunlight. The
          Redbud has some pests, and its fruits pods may present a litter problem, but
          it recommends itself for being drought resistant and tolerant of polluted
          County air.

     4.   *FLOWERING DOGWOOD (Cornus florida)
                          ;
          Height: 15-30'Spread: 15-20'
          The Dogwood is a native woodland tree which is very popular for landscape
          planting. It is considered to be a fairly hardy tree, but, when planted in direct
          sun, it must be frequently watered. A healthy Dogwood will develop attractive
          horizontal branches and a bushy crown. Dogwoods look best when planted in
          groups or when used as an accent in borders. These trees should be
          guarded against borers and other pests.

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5.   WASHINGTON HAWTHORN (Crataegus phaenophyrum)
                   ;
     Height: 25-30'Spread: 25-30'
     Hawthorns generally require spraying to prevent disease and insect
     infestation. However, they are an excellent choice for screening because of
     their extremely dense and thorny branches. They have proved to be
     excellent as a headlight screen on highway medians and, when planted close
     together, they form an impenetrable living fence. They prefer sun and are
     tolerant of most types of soil. The Washington Hawthorn is generally
     considered to be the best of the Hawthorns.

6.   RUSSIAN OLIVE (Elaegnus augustifolia)
                   ;
     Height: 15-20'Spread: 20-30'
     The Russian Olive can withstand severe exposure and will grow in almost any
     soil. Its toughness and wide spreading habit make it an exceptional
     screening plant. The foliage is an attractive silver-gray color and its flowers,
     thought inconspicuous, are very fragrant. The Russian Olive is especially
     notable for its rapid growth. It has no pest problems but it may require
     periodic trimming of dead twigs.

7.   MOUNTAIN SILVERBELL (Halesia monticola)
                    ;
     Height: 20-40'Spread: 20'
     Silverbells are attractive multi-stem trees which are native to the southeastern
     United States. They are excellent plants for a natural effect and are best
     placed where their small flowers and pods will be closely observed.
     Compared to other trees on this list, its crown is more open and irregular.
     The Mountain Silverbell has no pests, no maintenance problems, and no
     special soil requirements.

8.   AMERICAN HOLLY (Ilex opaca)
                    ;
     Height: 15-30'Spread: 10-20'
     This familiar native tree possesses a pyramidal evergreen crown with
     abundant red berries in the winter. It grows best in full sun and prefers moist
     yet well drained soils. If the lower limbs are allowed to grow naturally, they
     will branch to the ground. Hollies should be protected from high winds. The
     American Holly is a relatively slow grower.

9.   GOLDEN RAIN TREE (Koelreuteria paniculata)
                    ;
     Height: 20-30'Spread: 15-20'
     This is an extremely hardy tree, tolerant of county conditions, drought
     resistant, and capable of growth in most kinds of soil. It bears beautiful yellow
     flowers and interesting seed pods on its rounded crown. The Golden Rain
     Tree is a rapid grower but is relatively short lived.

10. CRAPE MYRTLE (Lagerstroemia indica)
                 ;
    Height: 15-25'Spread: 15-20'

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          This popular flowering tree is decorative and interesting in all seasons.
          However, it should not be expected to stand alone as a screen. It is most
          effective against an evergreen background. It grows best in direct sun and
          may develop mildew problems when planted in shade. Crape Myrtle may be
          pruned to a desired shape, but when left on its own it will form a densely
          branching crown.

     11. SOURWOOD (Oxyndrum arboreum)
                        ;
         Height: 20-30'Spread: 10-15'
         Sourwoods are handsome native trees which are most effective in landscape
         design when planted in groups. They are easy to transplant and as each tree
         matures it assumes a slender form with upright branches. Sourwood prefers
         relatively dry acid soils. Its only special maintenance problems may be
         infestations of webworms.

     12. CAROLINA CHERRY-LAUREL (Prunus caroliniana)
                       ;
         Height: 20-30'Spread: 15-20'
         This tree is prized for its dense evergreen foliage. It may be trimmed as a
         hedge, but also serves as an excellent screen in its natural form. The Cherry-
         Laurel grows rapidly and has no pests. However, it may not be as cold hardy
         as other trees on this list.

     13. *CALLERY PEAR (Pyrus calleryana)
                         ;
         Height: 20-40'Spread: 20-30'
         The Callery Pear has recently gained popularity as a county road tree
         because it is impervious to air pollution. Furthermore, it will grow in relatively
         infertile soils. It is a beautiful, upright tree which grows rapidly and is long
         lived. However, it may be subject to an assortment of pests and diseases.
         The "Bradford" variety is recommended for its vigorous habit of growth.

B.   Large Trees for Evergreen Screening
     The following trees are ideal for screening large scale areas such as shopping
     centers and industrial sites. They are also effective in combination with other,
     smaller screening plants. All seven are moderate to fast growers. They are not
     considered to be shade trees.

     1.   DEODAR CEDAR (Cedrus deodara)
                          ;
          Height: 40-150'Spread: 30'   +
          The Deodar Cedar is a useful and attractive evergreen. It should be allowed
          plenty of room in order to assume its beautiful natural form. Its pendulous
          branches should be allowed to touch the ground. It prefers relatively dry soils,
          grows rapidly, and is easy to maintain. "True Cedars" such as the Deodar are
          not native to North America, but they have become quite popular in the South
          as a landscape tree.




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2.   SOUTHERN MAGNOLIA (Magnolia grandiflora)
                    ;
     Height: 40-60'Spread: 25'    +
     Magnolias are striking trees which serve well as screens when their branches
     are allowed to grow to the ground. Generally, this tree does well in county
     conditions, but it should be planted in quite rich acidic soils and it requires a
     lot of moisture. Furthermore, Magnolias require ample space for growth. If
     planted in full sunlight, they will grow rapidly. Because it drops large waxy
     leaves, seed pods, and flowers, the Magnolias may present a litter problem.

3.   CAROLINA HEMLOCK (Tsuga caroliniana)
                      ;
     Height: 30-70'Spread: 20'     +
     This native of rocky locations in the North Carolina mountains adapts well to
     County locations. It may be sheared or pruned to any shape, but when it
     grows naturally, its graceful branches form an excellent high screen. The
     Hemlock prefers cooler, partially shaded locations and does best in highly
     fertile soils. It grows quite rapidly.

4.   LONG-LEAF PINE (Pinus palustris)
                    ;
     Height: 80-100'Spread: 30'   +
     Excellent in mass or as specimen for suburban areas, roadsides or lawns.
     Ascending branches and open, round head. Deep taproot which is difficult to
     transplant except when young. Planting is at medium depth and requires
     well-drained soils with medium fertility and moisture.

5.   WHITE PINE (Pinus strobus)
                      ;
     Height: 100-150'Spread: 50'   +
     Excellent in mass or as specimen for suburban areas, roadsides or lawns.
     Ascending branches and open, round head. Deep taproot which is difficult to
     transplant except when young. Planting is at medium depth and requires
     well-drained soils with medium fertility and moisture.

6.   SCOTCH PINE (Pinus sylvestris)
                     ;
     Height: 60-150'Spread: 40'   +
     Valued for its picturesque character; useful as specimen or in masses.
     Symmetrically pyramid with short spreading branches in youth. At maturity
     lower branches die off and specimen becomes picturesque and open. Deep
     taproot with wide-spreading laterals. Planting is at medium depth and
     requires well-drained, soils with medium fertility and moisture.

7.   LOBLOLLY PINE (Pinus taeda)
                       ;
     Height: 90-100' Spread: 30'  +
     Useful in masses or free-standing as specimen and shade tree. Ascending
     branches and rounded head. Extensive laterals and difficult to transplant.
     Planting is at medium depth and requires well-drained soils with medium
     fertility and moisture.



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C.   Large Trees for Shading
     The following trees may be used for screening, but they are recommended
     especially for shading trees and parking lots. Unless otherwise noted, they will
     grow rapidly. Each species will attain a mature spread of at least 30 feet.

     1.   NORWAY MAPLE (Acer platanoides)
                          ;
          Height: 40-50'Spread: 50'   +
          Maples as a group are not particularly tolerant to county conditions. The
          Norway Maple is an exception, however, as it is relatively invulnerable to air
          pollution and has no special maintenance requirements. This tree assumes a
          wide spreading form and provides very dense shade. In the autumn, the
          leaves are a brilliant red and yellow. The Norway Maple grows rapidly, but it
          is subject to ice and wind damage. Plenty of room should be available for its
          shallow roots and it should be given ample water.

     2.   RED MAPLE (Acer rubrum)
                         ;
          Height: 40-50' Spread: 25'     +.
          This tree is an example of a Maple which is not recommended where there
          will be high concentrations of air pollution. However, with its excellent
          shading characteristics and beautiful colors, it should not be ignored. This
          tree grows rapidly, but, unlike the Norway Maple, it does not become brittle
          with age. The Red Maple is a native tree which is usually found in moist,
          even swampy areas, but it adapts well to a variety of situations. Although
          subject to Maple insects and diseases, it is usually a long lived tree.

     3.   GINKGO or MAIDENHAIR TREE (Ginkgo biloba)
                          ;
          Height: 40-80'Spread: 30'   +
          The Ginkgo is a tree which is recommended for several outstanding reasons.
          It is one of the oldest surviving species of trees. It is adaptable to any soil,
          climate, or degree of exposure to the sun. It does quite well in the county. It
          has no pests, no diseases, and no pruning requirements. In sum, it is a tree
          of exceptional vitality. The N.C. Department of Forest Resources calls the
          Ginkgo, "probably the best all around street tree." Two reservations are worth
          stating; however, first, only male trees should be planted because female
          Ginkgos bear a messy, malodorous fruit and second, the Ginkgo is a slow
          grower. When young, it has a rather gangly appearance. It takes 25 to 30
          years to assume its mature, symmetrically spreading form.

     4.   HONEYLOCUST (Gleditisia triacanthos)
                        ;
          Height: 50-75'Spread: 25'  +
          Its open, spreading form and feathery leaves may give the Honeylocusta frail
          appearance, but it is in fact a quite sturdy tree, notable for its resistance to
          County conditions. Grass and shrubs thrive beneath a Honeylocust because
          it casts light shade. This tree is especially useful for its ability to be
          transplanted at a relatively advanced age. Accordingly, it may be used for
          immediate effect in a landscape design. The Honeylocust has its own pests

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     and diseases, but it is fairly hardy. Thornless and fruitless varieties such as
     "Moraine" are recommended.

5.   SWEET GUM (Liquidamber styraciflua)
                     ;
     Height: 60-100'Spread: 50'  +
     The Sweet Gum is a native bottomland tree which adapts to a variety of soils.
     Its dense foliage and balanced form make it an excellent shade tree for large
     open areas. The Sweet Gum needs sun and plenty of room to achieve
     maximum size and beauty. In the fall, its leaves turn a brilliant wine and gold
     color. Other than clean up of its prickly seed balls, the Sweet Gum poses no
     special maintenance problems.

6.   LONDON PLANE-TREE (Platanus acerifolia)
                       ;
     Height: 70-100'Spread: 30'      +
     The London Plane-Tree is excellent for streets and parking lots for a variety of
     reasons. It puts out its branches high enough above the ground so as not to
     obstruct traffic. Its broadly spreading crown makes it especially useful along
                                                           s
     wide roads. The London Plane is one of the world' hardiest trees in polluted
     air. Although it needs plenty of sun and moisture, it is undemanding about
     soil. Finally, it is very long lived. The London Plane-Tree is a hybrid of the
     Sycamore, and like the Sycamore, it may suffer from certain diseases.
     However, it is more resistant to leaf blight than the Sycamore.

7.   SYCAMORE (Platanus occidentalis)
                      ;
     Height: 70-100'Spread: 60'    +
     The Sycamore is probably the fastest growing shade tree on this list. Within
     10 years, it can grow to a height of between 30 and 40 feet. It is easily
                                                                      s
     transplanted, but it needs plenty of space. As one of nature' most massive
     trees, Sycamores have been known to grow to a height of 170 feet with a
     trunk 10 feet across. The Sycamore is a native tree which typically grows in
     flood plains, but it thrives in a variety of situations. Its tolerance of severe
     conditions has long made it a favorite choice as a street tree. Sycamores are
     susceptible to fungi and leaf blight and their large leaves and seed balls may
     present a litter problem.

8.   EASTERN RED OAK (Quercus rubra)
                    ;
     Height: 50-70'Spread: 40'  +
     This tree grows faster than any other Oak, two feet or more per year. It is
     prized as a tree because its high branching habit gives it an ideal shape. The
     Red Oak grows in almost any average soil and presents no special
     maintenance problems.

9.   WILLOW OAK (Quercus phellos)
                   ;
     Height: 60-80'Spread: 30'   +
     This is another rapidly growing Oak. It has proven to be quite successful as a
     street and parking lot tree. Its slender leaves give it a finer texture than that

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          of other Oaks, but it still casts excellent shade. The Willow Oak is native to
          bottomland soils, and thus it needs plenty of moisture. It often spreads
          majestically as it matures so it should be given ample room to grow. No
          significant pests or diseases afflict the Willow Oak.

     10. SCARLET OAK (Quercus coccinea)
                        ;
         Height: 60-80'Spread: 40'    +
         This is a third Oak which grows rapidly and is easy to maintain. The Scarlet
         Oak is more difficult to transplant than the Red or the Willow, but it may be a
         worthwhile selection for its excellent foliage.

     11. LAUREL OAK (Quercus laurifolia)
                       ;
         Height: 40-60'Spread: 30'  +
         The Laurel Oak grows more slowly than the other Oaks listed above, but it
         has the advantage of being nearly evergreen in coastal sections of North
         Carolina. It has proven to be a good street tree and does quite well under
         County conditions. It presents no special maintenance problems.

     12. LITTLELEAF LINDEN (Tilia cordata)
                        ;
         Height: 30-50'Spread: 25'   +
         Lindens are notable for their exceptional symmetry and their ability to grow in
         poor soils. The Littleleaf Linden requires plenty of moisture, but it has proven
         to be useful for County planting and is especially recommended as a street
         tree. With its many thick branches and abundant foliage, the Linden provides
         very dense shade. It should be sprayed for aphids in order to prevent sticky
         droppings from the leaves.

D.   Small Shrubs for Evergreen Screening
     The following shrubs are recommended for informal (unclipped) hedges or
     screens. Each species grows to a height of less than six feet; therefore, these
     shrubs are appropriate for semi-opaque screens.

     1.   GLOSSY ABELIA (Abelia grandiflora)
                      ;
          Height: 4-6'Spread: 3-5'
          Abelia is quite common in local nurseries and tends to be less expensive than
          other shrubs on this list. It bears pale pink flowers throughout the summer.
          Although it has proven quite popular for informal hedges, it has several
          drawbacks. Abelia should be pruned and thinned to maintain its best form. It
          may drop its leaves due to low temperatures, lack of pruning, or starvation.

     2.   WARTY BARBERRY (Barberis verruculosa)
                      ;
          Height: 3-4'Spread: 3-4’
          Barberrys as a group have proven to be excellent as hedge plants. With their
          dense, spiny limbs, they are effective barriers in public places. The Warty
          Barberry is a shrub with a neat, compact habit. It is soil tolerant and has no



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     special maintenance requirements. It grows slowly, but it will reach a height
     of three to four feet within five years.

3.   WINTERGREEN BARBERRY (Berberis julianae)
                 ;
     Height: 4-6'Spread: 2-5'
     This is another Barberry which forms an impenetrable thorny hedge. In fact, it
     grows even more densely than the Warty Barberry. It is pest resistant and is
     very hardy. No pruning is required. Because it is fairly slow growing, it will
     take eight to ten years to reach a height of five to six feet.

4.   DWARF HORNED HOLLY (Ilex cornuta '           rotunda' )
               ;
     Height: 3'Spread: 3-4'
     This shrub is an excellent selection for a low hedge. It is soil tolerant and
     requires no pruning or other special care once established. With its spiny
     leaves, this plant appears to be and is in fact rugged. Like all Hollies, it grows
     best in full sun, but unlike others of its species, it produces bright red berries
     without both sexes being present.

5.   LITTLELEAF JAPANESE HOLLY (Ilex crenata '          microphylla')
                 ;
     Height: 4-6'Spread: 5-7'
     This Holly is a good substitute for the more finicky and often more expensive
     Boxwood. It withstands pruning, but is quite attractive in its natural form.
     Although considered to be slow growing, it will form a stiff six feet tall hedge
     within ten years. The Littleleaf Japanese Holly grows well in both sun and
     shade and does well in County conditions.

6.   CONVEXA JAPANESE HOLLY (Ilex crenata '                  )
                                                      convexa'
                ;
     Height: 4-6'Spread: 3-5'
     The Convexa Japanese Holly is another good Boxwood substitute. This shrub
     is considered to be one of the most attractive, hardy and serviceable Hollies
     for landscape use. It is attractive in either a clipped or unclipped form. It
     grows faster than the Littleleaf Japanese Holly.

7.   INDIA HAWTHORN (Raphiolepis indica)
                 ;
     Height: 3-4'Spread: 4-5'
     With its spreading, irregular branches, the India Hawthorn makes an excellent
     informal hedge. It is tolerant of a variety of soils and is fairly drought
     resistant. However, it may not be as cold tolerant and pest resistant as other
     shrubs on this list.

8.   AZALEAS and RHODODENDRONS (Rhododendron species)
               +;
     Height: 3' Spread: 3' +
     Many varieties of Azaleas and Rhododendrons are dense and evergreen and
     are, therefore, good screening material. The universal popularity of this large
     shrub family belies the fact that its members must not be planted
     indiscriminately. As a group, Rhodadendron species prefer cool, moist, well

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          drained, acidic soil which has a fairly high organic content. They do best in
          shade or partial shade particularly when they are planted in extremely hot or
          windy locations. If planted in full sun, they should receive plenty of water. In
          spite of these requirements, once established in good soil with the correct
          culture and water, both Rhododendrons and Azaleas tend to take care of
          themselves. Some relatively hardy and vigorous species are: Kurume
          Azaleas (R. obtusum), Snow Azaleas (R. mucronatum), Indian Azaleas (R.
          indicum), and the native Carolina Rhododendron (R. carolinianum).

     9.   JAPANESE YEW (Taxus cuspidata)
                      ;
          Height: 4-6'Spread: 5-7'
          The versatile Yew is commonly available from local nurseries in a wide variety
          of sizes and shapes. The Japanese Yew serves as excellent screening
          material in either a clipped or unclipped form. It tolerates poor growing
          conditions and flourishes in almost any kind of soil. (Soggy soil may hamper
          its growth, however.) It is comparatively pest free and is hardy under trying
                                        s
          winter conditions. The Yew' best feature is its rich shiny green needles
          which grow densely on all varieties.

E. Large Shrubs For Evergreen Screening
   The following shrubs are recommended for high hedges or screens. Each species
   grows to a height of more than six feet; therefore, these shrubs are appropriate for
   opaque screens.

     1.   THORNY ELAENGUS (Elaengus pungens)
                         ;
          Height: 8-10'Spread: 6-10'
          This shrub is tolerant of many adverse conditions. It will grow rapidly in
          relatively infertile, dry soils. Its dense thorny branches form an excellent
          natural hedge. It is one of the most common evergreen shrubs in the south.

     2.   BURFORD HOLLY (Ilex cornuta '              )
                                            Burfordii'
                       ;
          Height: 8-15'Spread: 6-8'
          The Burford Holly has been called, "one of the best and most serviceable of
          all broad leafed evergreens for general planting in the South." It is soil
          tolerant, grows rapidly, requires no pruning, and usually has no pest
          problems. Its dark green leaves lack the usual Holly spines.

     3.   YAUPON HOLLY (Ilex vomitoria)
                       ;
          Height: 5-15'Spread: 6-12'
          This is another versatile Holly, slower growing than the Burford, but equally as
          adaptable to adverse conditions. It is a native shrub which has proven to be
          one of the most drought resistant of all Hollies. It may be clipped to maintain
          any desired height. The Yaupon Holly is very heavily fruited and will attract
          birds.




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                   Currituck County Unified Development Ordinance
                            CHAPTER 5: LANDSCAPING, BUFFERYARDS & SHADING

     4.   LAUREL or SWEET BAY (Lauris nobilis)
                        ;
          Height: 10-12'Spread: 8-10'
          Laurel is a tough low maintenance shrub which does best in fertile, well
          drained soils. Pruning is not required but it may be sheared to any desired
          form. It screens well with a single row planting. The Laurel has been a
          popular landscaping plant since ancient times.

     5.   JAPANESE PRIVET (Ligustrum japonicum)
                        ;
          Height: 6-10'Spread: 5-6'
          The Japanese Privet will survive almost any adversity including heat, cold,
          drought, air pollution, and poor soil. Accordingly, it is one of the most popular
          hedge plants in America. This and other Ligustrums are fast growing and
          remarkably pest free. They are ideal as a high screen in large scale areas. It
          has been said that if a Ligustrum will not grow in a particular location, then
          nothing will.

     6.   FORTUNE TEA OLIVE (Osmanthus fortunei)
                        ;
          Height: 9-12'Spread: 5-7'
          This Osmanthus hybrid is a popular, though non-descript, shrub. With its
          vigorous growth, it will form an excellent screen or border. It is soil tolerant.
          The Fortune Tea Olive is most notable for its inconspicuous yet highly
          fragrant flowers.

     7.   RED PHOTINIA (Photinia glabra)
                        ;
          Height: 6-10' Spread: 4-5'
          This low maintenance shrub is often selected for its glossy saw toothed
          leaves which are a bright red when they first appear. Photinia forms a good
          hedge when planted in full sun. It has somewhat looser foliage than other
          plants on this list. In recent years, Red Photinia has become very popular in
          the Southeast.

     8.   LAURESTINUS VIBURNUM (Viburnum tinus)
                        ;
          Height: 10-12'Spread: 10-12'
          This Viburnum is prized for its luxuriant dark green foliage. It is valuable for
          screens and, though sometimes clipped as a formal hedge, it can remain
          uncut for years and still keep its good form. It grows best in medium fertile
          soils and prefers dry conditions in the late summer. All Viburnums withstand
          county conditions well.

F.   Assorted Shrubs for Broken Screens
     The following is a sampling of shrubbery which would be appropriate in a broken
     screen. Because many of these plants are deciduous, they are not suitable for
     opaque and semi-opaque screens.

     1.   JAPANESE BARBERRY (Barberis thunbergii)
                     ;
          Height: 3-5'Spread: 3-5'

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                   Currituck County Unified Development Ordinance
CHAPTER 5: LANDSCAPING, BUFFERYARDS & SHADING

        The following is an extremely common deciduous shrub is considered to be
        one of the toughest members of the Barberry family. It survives drought, poor
        soils, exposure, and the worst County conditions. With its many thorns, the
        Japanese Barberry is often used as an impenetrable barrier, but is attractive
        enough to stand alone as a specimen plant. It requires no special
        maintenance and, when planted singly, needs no pruning.

   2.   FRINGETREE (Chioanthus virginicus)
                       ;
        Height: 10-30'Spread: 8-10'
        The Fringetree is known for its profusion of beautiful flowers. It is considered
        to be one of the most striking native American shrubs. It is relatively difficult to
        transplant, but once established it does well in counties as it endures heavy
                                                    s
        smoke and dust. The mature Fringetree' only drawback is that its leaves
        appear rather late in the spring.

   3.   BORDER FORSYTHIA (Forsythia intermedia)
                      ;
        Height: 8-10'Spread: 7-10'
        Forsythias are well known shrubs which bloom bright yellow quite early in the
        spring. There are two commonly available forms of this shrub: the weeping
        Forsythia suspensa and the more upright Forsythia intermedia. The latter is
        preferred for screening purposes. With its graceful branches, the Border
        Forsythia presents a good deciduous foliage mass and should be given plenty
        of room to grow. It transplants easily and withstands poor growing conditions.
        It should be thinned occasionally to ensure vigorous growth.

   4.   VERNAL WITCH HAZEL (Hamamelis vernalis)
                    ;
        Height: 4-6'Spread: 2-3'
        This rapidly growing native shrub is excellent for bordering and naturalizing.
        It assumes a dense, upright form, thriving in even the most polluted air. Other
        than plenty of watering, the vernal Witch Hazel requires no special
        maintenance.

   5.   COMMON WITCH HAZEL (Hamamelis virginiana)
                     ;
        Height: 8-15'Spread: 7-14'
        This shrub is a larger version of Vernal Witch Hazel with many of the same
        qualities. It is another native woodland plant which has adapted well to
        landscaping uses. The Common Witch Hazel is recommended for shady
        areas, but when planted in the sun it grows to be a splendid well rounded
        specimen. It is especially useful in large areas.

   6.   PFITZER JUNIPER (Juniperus chinensis '               )
                                                  Pfitzeriana'
                    ;
        Height: 4-6'Spread: 6-9'
        This evergreen is recommended for Broken Screens rather than full fledged
        hedges because its form lends itself to massing rather than row planting.
        Pfitzer Juniper has been known to grow six feet high and spread 10 to 15 feet
        within 10 years. Thus it should be given plenty of room to grow. Despite its

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                 Currituck County Unified Development Ordinance
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     exotic appearance, it is a commonly used landscape plant. Junipers, as a
     group, withstand hot, poor, dry soils of county areas probably better than any
     other evergreens. However, they do suffer from certain pest problems and
     should therefore be watched closely once they are planted.

7.   DROOPING LEUCOTHOE (Leucothoe fontanesiana)
                  ;
     Height: 3-4'Spread: 4-6'
     Drooping Leucothoe is a moundlike shrub which is good for planting in front of
     and between other flora and beneath trees. It is hardy in county conditions
     and gives a natural effect when planted along borders. This native evergreen
     is graceful and attractive in all seasons. It is easy to transplant but requires
     heavy mulch and should be provided with at least partial shade. Old
     branches should be pruned occasionally to stimulate new growth.

8.   WINTER HONEYSUCKLE (Lonicera fragrantissima)
                   ;
     Height: 6-8'Spread: 6-8'
     The only resemblance between this shrub and the more familiar Honeysuckle
     vine is its extremely fragrant flowers. The Winter Honeysuckle has a leathery
     semi-evergreen leaves and assumes a globe shape as it rapidly grows. It is a
     tough plant, soil tolerant and virtually maintenance free.

9.   STAR MAGNOLIA (Magnolia stellata)
                   ;
     Height: 10-12'Spread: 8-10'
     This handsome specimen shrub is considered to be the hardiest of all the
     Magnolias. It forms a broad, rounded mass. It becomes tree-like with age
     but continues to branch to the ground. Early in the spring, it produces
     numerous fragrant white flowers. The Star Magnolia should not be planted
     adjacent to shallow rooting trees. It should be allowed plenty of sun.

10. NORTHERN BAYBERRY (Myrica pensylvanica)
                 ;
    Height: 3-6'Spread: 3-8'
    This shrub, often used for windbreaks at the beach, is also effective for shrub
    masses in coastal areas. Its ability to tolerate salt and sands translates into a
    quality for withstanding the rigors of county life. Bayberry normally forms a
    dense, spreading mound. While it is evergreen at the shore, it may annually
    drop its leaves in less temperate climates.

11. JUDD VIBURNUM (Viburnum juddii)
                  ;
    Height: 8'Spread: 6'
    Viburnums are sturdy shrubs which are commonly available in area nurseries.
    The Judd Viburnum is rounded and dense. It bears loose clusters of fragrant
    white flowers in the early spring. If given plenty of water, it will grow rapidly.
    Its fall fruit is attractive to birds.




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              Currituck County Unified Development Ordinance
CHAPTER 5: LANDSCAPING, BUFFERYARDS & SHADING

   12. DOUBLEFILE VIBURNUM (Viburnum plicatum tomentosum)
                     ;
       Height: 8-10' Spread: 8-10'
       The Doublefile Viburnum grows larger than the Judd and is noted for its
       strong horizontal branching habit. It is a very serviceable accent plant in
       shrub borders. The Doublefile Viburnum should be carefully watered in
       periods of extended drought.




                                      5-32
                Currituck County Unified Development Ordinance
                 CHAPTER 6:
          ENVIRONMENTAL PROTECTION
Section                                                                     Page

6.1    Statutory Authorization, Findings of Fact, Purpose and Objectives ……… 6-2

6.2    General Provisions ……………………………………………………………… 6-3

6.3    Floodplain Administration…..……….…………………………………………. 6-4

6.4    Provisions for Flood Hazard Reduction ……………………………………… 6-13

6.5    Special Provisions for Subdivisions………………………………………...... 6-22

6.6    Legal Status Provisions……………………………………………………......... 6-23

6.7    Natural Drainage System Utilized to Extent Feasible ……………………….. 6-24

6.8    Developments Must Drain Properly …………………………………………… 6-24

6.9    Storm Water Management…………………………………………………….                          6-24

6.10   Sedimentation and Erosion Control ………………………………………….. 6-26

6.11   Mandatory Standards for Land Disturbance Activities, Excluding
       Residential Lots within Planned Unit Developments ….…………………… 6-26




                                         6-1
                  Currituck County Unified Development Ordinance
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Section 6.1 Statutory Authorization, Findings of Fact, Purpose and Objectives

6.1.1 Statutory Authorization
The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143;
Parts 3 and 4 of Article 18 of Chapter 153A; and Part 121, Article 6 of Chapter 153A of
the North Carolina General Statutes, delegated the responsibility to local governmental
units to adopt regulations designed to promote the public health, safety, and general
welfare of its citizenry.

Therefore, the Board of Commissioners of the County of Currituck, North Carolina, does
ordain as follows:

6.1.2 Findings of Fact

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

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

6.1.3 Statement of Purpose
It is the purpose of this ordinance to promote public health, safety, and general welfare
and to minimize public and private losses due to flood conditions within flood prone
areas by provisions designed to:

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

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

C.   Control the alteration of natural floodplains, stream channels, and natural
     protective barriers, which are involved in the accommodation of floodwaters;

D.   Control filling, grading, dredging, and all other development that may increase
     erosion or flood damage; and,




                                          6-2
                   Currituck County Unified Development Ordinance
                                          CHAPTER 6: ENVIRONMENTAL PROTECTION

E.   Prevent or regulate the construction of flood barriers that will unnaturally divert
     floodwaters or which may increase flood hazards to other lands.

6.1.4 Objectives
The objectives of this ordinance are:

A.   To protect human life and health;

B.   To minimize expenditure of public money for costly flood control projects;

C.   To minimize the need for rescue and relief efforts associated with flooding and
     generally undertaken at the expense of the general public;

D.   To minimize prolonged business losses and interruptions;

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

F.   To help maintain a stable tax base by providing for the sound use and
     development of flood prone areas; and,

G.   To ensure that potential buyers are aware that property is in a Special Flood
     Hazard Area.


Section 6.2 General Provisions

6.2.1 Lands to Which this Ordinance Applies
This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of the
County of Currituck.

6.2.2 Basis for Establishing the Special Flood Hazard Areas
The Special Flood Hazard Areas are those identified under the Cooperating Technical
State (CTS) agreement between the State of North Carolina and FEMA in its Flood
Insurance Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM) for
Currituck County dated December 16, 2005, and as amended thereafter which, with
accompanying supporting data, are adopted by reference and declared to be a part of
this ordinance.

6.2.3 Establishment of Floodplain Development Permit
A floodplain development permit shall be required in conformance with the provisions of
this ordinance prior to the commencement of any development activities within Special
Flood Hazard Areas as determined in this chapter. See Chapter 11 for further
requirements.



                                          6-3
                   Currituck County Unified Development Ordinance
CHAPTER 6: ENVIRONMENTAL PROTECTION


6.2.4 Compliance
No structure or land shall hereafter be located, extended, converted, altered, or
developed in any way without full compliance with the terms of this ordinance and other
applicable regulations.

6.2.5 Abrogation and Greater Restrictions
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.

6.2.6 Interpretation
In the interpretation and application of this ordinance, all provisions shall be:

A.   Considered as minimum requirements;

B.   Liberally construed in favor of the governing body; and,

C.   Deemed neither to limit nor repeal any other powers granted under state statutes.

6.2.7 Warning and Disclaimer of Liability
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering consideration. Larger
floods can and will occur. Actual flood heights may be increased by man-made or
natural causes. This ordinance does not imply that land outside the Special Flood
Hazard Areas or uses permitted within such areas will be free from flooding or flood
damages. This ordinance shall not create liability on the part of Currituck County or by
any officer or employee thereof for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.

6.2.8 Penalties for Violation
See Chapter 15, Administration for a complete description of Enforcement procedures.


Section 6.3 Floodplain Administration

6.3.1 Designation of Floodplain Administrator
The Planning Director or their designee, hereinafter referred to as the Floodplain
Administrator, is hereby appointed to administer and implement the provisions of this
ordinance.




                                           6-4
                    Currituck County Unified Development Ordinance
                                            CHAPTER 6: ENVIRONMENTAL PROTECTION

6.3.2 Duties and Responsibilities of the Floodplain Administrator
The floodplain administrator shall perform, but not be limited to, the following duties:

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

B.   Advise permittee that additional Federal or State permits (Wetlands, Endangered
     Species, Erosion and Sedimentation Control, CAMA, Riparian Buffers, Mining,
     etc.) may be required, and require that copies of such permits be provided and
     maintained on file with the floodplain development permit.

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

D.   Assure that maintenance is provided within the altered or relocated portion of said
     watercourse so that the flood-carrying capacity is not diminished.

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

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

G.   Obtain the actual elevation (in relation to mean sea level) to which the new or
     substantially improved structures and all utilities have been floodproofed.

H.   Obtain actual elevation (in relation to mean sea level) of all public utilities.

I.   When floodproofing is utilized for a particular structure, obtain certifications from a
     registered professional engineer or architect.

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

K.   When Base Flood Elevation (BFE) data has not been provided, obtain, review, and
     reasonably utilize any Base Flood Elevation (BFE) data, along with floodway data
     or non-encroachment area data available from a federal, state, or other source,



                                           6-5
                    Currituck County Unified Development Ordinance
CHAPTER 6: ENVIRONMENTAL PROTECTION

     including data developed pursuant to Section 6.4.3.B.2, in order to administer the
     provisions of this ordinance.

L.   When Base Flood Elevation (BFE) data is provided but no floodway nor non-
     encroachment area data has been provided, obtain, review, and reasonably utilize
     any floodway data or non-encroachment area data available from a federal, state,
     or other source in order to administer the provisions of this ordinance.

M.   When the exact location of boundaries of the Special Flood Hazard Areas conflict
     with the current, natural topography information at the site, advise the property
     owner of the option to apply and be approved for a Letter of Map Amendment
     (LOMA) by FEMA. Maintain a copy of the Letter of Map Amendment (LOMA)
     issued by FEMA in the floodplain development permit file.

N.   Permanently maintain all records that pertain to the administration of this ordinance
     and make these records available for public inspection.

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

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

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




                                          6-6
                   Currituck County Unified Development Ordinance
                                         CHAPTER 6: ENVIRONMENTAL PROTECTION

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

S.   Follow through with corrective procedures.

T.   Maintain a current map repository to include, but not limited to, the FIS Report,
     FIRM and/or other official flood maps /studies of this ordinance, including any
     revisions thereto including Letters of Map Change, issued by State and/or FEMA.
     Notify State and FEMA of mapping needs.

6.3.3 Floodplain Development Application
Application for a floodplain development permit shall be made to the floodplain
administrator prior to any development activities located within Special Flood Hazard
Areas. The following items shall be presented to the floodplain administrator to apply
for a floodplain development permit:

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

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

     2.   The boundary of the Special Flood Hazard Area as delineated on the FIRM or
          other flood map as determined in this chapter, or a statement that the entire
          lot is within the Special Flood Hazard Area;

     3.   Flood zone(s) designation of the proposed development area as determined
          on the FIRM or other flood map as determined in this chapter;

     4.   The boundary of the floodway(s) or non-encroachment area(s) as determined
          in this chapter;

     5.   The Base Flood Elevation (BFE) where provided as set forth in this chapter;

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

     7.   The boundary and designation date of the Coastal Barrier Resource System
          (CBRS) area or Otherwise Protected Areas (OPA), if applicable;



                                          6-7
                   Currituck County Unified Development Ordinance
CHAPTER 6: ENVIRONMENTAL PROTECTION

     8.   Lots 20,000 square feet or smaller, shall require a professional survey/site
          plan, excluding the placement of mobile homes in mobile home parks and
          accessory structures.

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

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

     2.   Elevation in relation to mean sea level to which any non-residential structure
          in Zone AE, A or AO will be flood-proofed.

     3.   Elevation in relation to mean sea level to which any proposed utility systems
          will be elevated or floodproofed.

C.   If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) along with
     detailed back-up computations and operational plans that specify the location on a
     FIRM panel of floodproofing measures, the entity responsible for transportation
     and installation according to the design within the warning time available, and
     maintenance of floodproofing measures assuring their effectiveness when
     installed. Floodproofing certificate and back-up computations and operational
     plans shall be certified by a registered professional engineer or architect to ensure
     that the non-residential floodproofed development will meet the floodproofing
     criteria in Section 6.4.2.B.

D.   A foundation plan drawn to scale which shall include details of the proposed
     foundation system to ensure all provisions of this ordinance are met. These details
     include but are not limited to:

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

     2.   Openings to facilitate equalization of hydrostatic flood forces on walls in
          accordance with Section 6.4.2.D, when solid foundation perimeter walls are
          used in Zones A, AO, AE, and A1-30.

     3.   The following, in Coastal High Hazard Areas, in accordance with Section
          6.4.2.D and Section 6.4.6:

          a.   V-zone Certification form with accompanying plans and specifications
               verifying the engineered structure and any breakaway wall designs;




                                          6-8
                   Currituck County Unified Development Ordinance
                                           CHAPTER 6: ENVIRONMENTAL PROTECTION

          b.   Plans for open wood latticework or insect screening, if applicable;

          c.   Plans for non-structural fill, if applicable.

E.   Usage details of any enclosed areas below the regulatory flood protection
     elevation.

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

G.   Copies of all other local, state, and federal permits required prior to floodplain
     development permit issuance (Wetlands, Endangered Species, Erosion and
     Sedimentation Control, CAMA, Riparian Buffers, Mining, etc.).

H.   Documentation for placement of recreational vehicles and/or temporary structures,
     when applicable, to ensure Section 6.4.2.F & G of this ordinance are met.

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

6.3.4 Floodplain Development Permit Requirements
The floodplain development permit shall include, but not be limited to:

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

B.   The Special Flood Hazard Area determination for the proposed development per
     available data specified in this chapter.

C.   The regulatory flood protection elevation required for the reference level and all
     attendant utilities.

D.   The regulatory flood protection elevation required for the protection of all public
     utilities.

E.   All certification submittal requirements with timelines.

F.   A statement that no fill material shall encroach into the floodway or non-
     encroachment area of any watercourse, as applicable.

G.   The minimum opening requirements, if in Zone A, AO, AE or A1-30.



                                           6-9
                    Currituck County Unified Development Ordinance
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H.   Limitations of below BFE enclosure uses (if applicable). (i.e., Parking, Building
     Access and Limited Storage only).

I.   A statement, if in Zone VE or V1-30, that there shall be no alteration of sand dunes
     which would increase potential flood damage.

J.   A statement, if in Zone VE or V1-30, that there shall be no fill used for structural
     support.

6.3.5 Certification Requirements (08-49, 9-15-08)

A.   Elevation Certificates

     1.   An Elevation Certificate (FEMA Form 81-31) or Floodproofing Certificate
          (FEMA Form 81-65) is required after the reference level is established.
          Within seven calendar days of establishment of the reference level elevation,
          it shall be the duty of the permit holder to submit to the floodplain
          administrator or their designee shall review the certification of the elevation of
          the reference level, in relation to mean sea level. Elevation certification shall
          be prepared by, or under the direct supervision of, a registered land surveyor
          or professional engineer and certified by same. Any work done within the
          seven day calendar period and prior to submission of the certification shall be
          at the permit holder’s risk. The floodplain administrator or their designee shall
          review the certificate data submitted. Deficiencies detected by such review
          shall be corrected by the permit holder immediately and prior to further work
          being permitted to proceed. Failure to submit the certification or failure to
          make required corrections shall be cause to issue a stop-work order for the
          project.

     2.   A Final As-Built Elevation Certificate (FEMA Form 81-31) is required after
          construction is completed and prior to Certificate of Compliance/Occupancy
          issuance. It shall be the duty of the permit holder to submit to the floodplain
          administrator or their designee a certification of final as-built construction of
          the elevation of the reference level and all attendant utilities. Elevation
          certification shall be prepared by, or under the direct supervision of, a
          registered land surveyor or professional engineer and certified by same. The
          floodplain administrator or their designee shall review the certificate data
          submitted. Deficiencies detected by such review shall be corrected by the
          permit holder immediately and prior to Certificate of Compliance/Occupancy
          issuance. In some instances, another certification may be required to certify
          corrected as-built construction. Failure to submit the certification or failure to
          make required corrections shall be cause to withhold the issuance of a
          Certificate of Compliance/Occupancy.




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

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

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

E.   Certification Exemptions. The following structures, if located within Zone A, AO,
     AE or A1-30, are exempt from the elevation/floodproofing certification
     requirements specified above:

     1.   Recreational Vehicles meeting requirements of Section 6.4.2;

     2.   Temporary Structures meeting requirements of Section 6.4.2; and

     3.   Accessory Structures less than 150 square feet meeting requirements of
          Section 6.4.2.

F.   A completed V-Zone Certification form with back up design plans and
     specifications is required prior to issuance of a Floodplain Development permit
     within coastal high hazard areas. It shall be the duty of the permit applicant to
     submit to the floodplain administrator said certification data to ensure the design
     standards of this ordinance are met. A registered professional engineer or
     architect shall develop or review the structural design, plans, and specifications for
     construction and certify that the design and methods of construction to be used are
     in accordance with accepted standards of practice for meeting the provisions of this
     ordinance. This certification is not a substitute for an Elevation Certificate.



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6.3.6 Corrective Procedures

A.   Violations to be Corrected: When the floodplain administrator finds violations of
     applicable state and local laws, it shall be his or her duty to notify the owner or
     occupant of the building of the violation. The owner or occupant shall immediately
     remedy each of the violations of law pertaining to their property.

B.   Actions in Event of Failure to Take Corrective Action: If the owner of a building or
     property shall fail to take prompt corrective action, the floodplain administrator shall
     give the owner written notice, by certified or registered mail to the owner’s last
     known address or by personal service, stating:

     1.   That the building or property is in violation of the Flood Damage Prevention
          Ordinance;

     2.   That a hearing will be held before the floodplain administrator at a designated
          place and time, not later than 10 days after the date of the notice, at which
          time the owner shall be entitled to be heard in person or by counsel and to
          present arguments and evidence pertaining to the matter; and,

     3.   That following the hearing, the floodplain administrator may issue an order to
          alter, vacate, or demolish the building; or to remove fill as appears
          appropriate.

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

D.   Appeal: Any owner who has received an order to take corrective action may
     appeal the order to the Board of Adjustment by giving notice of appeal in writing to
     the floodplain administrator and the clerk within 10 days following issuance of the
     final order. In the absence of an appeal, the order of the floodplain administrator
     shall be final. The Board of Adjustment shall hear an appeal within a reasonable
     time and may affirm, modify and affirm, or revoke the order.

E.   Failure to Comply with Order: If the owner of a building or property fails to comply
     with an order to take corrective action for which no appeal has been made or fails
     to comply with an order of the governing body following an appeal, he or she shall
     be guilty of a misdemeanor and shall be punished at the discretion of the court.



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Section 6.4 Provisions for Flood Hazard Reduction

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

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

B.   All new construction and substantial improvements below the regulatory flood
     protection elevation shall be constructed with materials and utility equipment
     resistant to flood damage.

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

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

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

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

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

H.   Any alteration, repair, reconstruction, or improvements to a structure, which is in
     compliance with the provisions of this ordinance, shall meet the requirements of
     “new construction” as contained in this ordinance.

I.   Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of
     a building or structure existing on the effective date of this ordinance and located
     totally or partially within the floodway, non-encroachment area, or stream setback,
     provided that the bulk of the building or structure below the regulatory flood
     protection elevation in the floodway, non-encroachment area, or stream setback is
     not increased and provided that such repair, reconstruction, or replacement meets
     all of the other requirements of this ordinance.


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

K.   All development proposals shall be consistent with the need to minimize flood
     damage.

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

M.   All development proposals shall have adequate drainage provided to reduce
     exposure to flood hazards.

6.4.2 Specific Standards
In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data is available
as provided in this Ordinance, the following provisions are required:

A.   Residential Construction. New construction or substantial improvement of any
     residential structure (including manufactured homes) shall have the reference
     level, including basement, elevated no lower than the regulatory flood protection
     elevation.

B.   Non-Residential Construction. New construction or substantial improvement of
     any commercial, industrial, or other non-residential structure shall have the
     reference level, including basement, elevated no lower than the regulatory flood
     protection elevation. Structures located in A, AO, AE and A1-30 Zones may be
     floodproofed to the regulatory flood protection elevation in lieu of elevation
     provided that all areas of the structure below the required flood protection elevation
     are watertight with walls substantially impermeable to the passage of water, using
     structural components having the capability of resisting hydrostatic and
     hydrodynamic loads and the effect of buoyancy. A registered professional
     engineer or architect shall certify that the standards of this subsection are satisfied.
     Such certification shall be provided to the official, along with the operational and
     maintenance plans.

C.   Manufactured Homes:




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     1.   New or replacement manufactured homes shall be elevated so that the
          reference level of the manufactured home is no lower than the regulatory
          flood protection elevation.

     2.   Manufactured homes shall be securely anchored to an adequately anchored
          foundation to resist flotation, collapse, and lateral movement in accordance
          with the State of North Carolina Regulations for Manufactured/Mobile Homes,
          1995 Edition, and any revision thereto adopted by the Commissioner of
          Insurance pursuant to NCGS 143-143.15 or a certified engineered foundation.
          Additionally, when the elevation would be met by an elevation of the chassis
          36 inches or less above the grade at the site, the chassis shall be supported
          by reinforced piers or engineered foundation. When the elevation of the
          chassis is above 36 inches in height, an engineering certification is required.

     3.   All foundation enclosures or skirting shall be in accordance with Section
          6.4.2.D.

     4.   An evacuation plan must be developed for evacuation of all residents of all
          new, substantially improved or substantially damaged manufactured home
          parks or subdivisions located within flood prone areas. This plan shall be filed
          with and approved by the floodplain administrator and the local Emergency
          Management coordinator.

D.   Elevated Buildings. Enclosed areas, of new construction or substantially improved
     structures, which are below the regulatory flood protection elevation:

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

     2.   Shall be constructed entirely of flood resistant materials below the regulatory
          flood protection elevation;

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

          a.   Provide a minimum of two openings on different sides of each enclosed
               area subject to flooding;

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

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

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

        e.   Openings may be equipped with screens, louvers, or other opening
             coverings or devices, provided they permit the automatic flow of
             floodwaters in both directions; and,

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

   4.   Shall allow, in Coastal High Hazard Areas (Zones VE and V1-30), breakaway
        walls, latticework or insect screening below the regulatory flood protection
        elevation, provided it is not part of the structural support of the building and is
        designed so as to breakaway, under abnormally high tides or wave action,
        without causing damage to the structural integrity of the building on which
        they are to be used, provided the following design specifications are met:

        a.   Material shall consist of open wood latticework or insect screening; or,

        b.   Breakaway walls shall meet the following design specifications:

              i.     Design safe loading resistance of each wall shall be not less than
                     10 nor more than 20 pounds per square foot; or,

             ii.     Breakaway walls that exceed a design safe loading resistance of
                     more than 20 pounds per square foot (either by design or when
                     so required by State or local codes) shall be certified by a
                     registered professional engineer or architect certifying that the
                     designed wall will collapse from a water load less than that which
                     would occur during the base flood event, and the elevated portion
                     of the building and supporting foundation system shall not be
                     subject to collapse, displacement, or other structural damage due
                     to the effects of wind and water loads acting simultaneously on all
                     building components (structural and non-structural). The water



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                      loading values used shall be those associated with the base flood.
                      The wind loading values used shall be those required by the
                      North Carolina State Building Code.

E.   Additions/Improvements.

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

          a.   Not a substantial improvement, the addition and/or improvements must
               be designed to minimize flood damages and must not be any more non-
               conforming than the existing structure.

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

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

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

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

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

     4.   Where a fire wall or independent perimeter load-bearing wall is provided
          between the addition and the existing building, the addition(s) shall be
          considered a separate building and only the addition must comply with the
          standards for new construction.

F.   Recreational Vehicles. Recreational vehicles placed on sites within a Special
     Flood Hazard Area shall either:

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



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     2.   Meet all the requirements for new construction, including anchoring and
          elevation requirements.

G.   Temporary Non-Residential Structures. Prior to the issuance of a floodplain
     development permit for a temporary structure, applicants must submit to the
     floodplain administrator a plan for the removal of such structure(s) in the event of a
     hurricane, flash flood or other type of flood warning notification. The following
     information shall be submitted in writing to the floodplain administrator for review
     and written approval;

     1.   A specified time period for which the temporary use will be permitted. Time
          specified should be minimal with total time on site not to exceed one year;

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

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

     4.   A copy of the contract or other suitable instrument with a trucking company to
          ensure the availability of removal equipment when needed; and,

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

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

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

     2.   Accessory structures shall not be temperature-controlled;

     3.   Accessory structures shall be designed to have low flood damage potential;

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

     5.   Accessory structures shall be firmly anchored;

     6.   All service facilities such as electrical shall be installed in accordance with
          Section 6.4.1.D;



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     7.   Openings to relieve hydrostatic pressure during a flood shall be provided
          below regulatory flood protection elevation in conformance with Section
          6.4.2.D.1.; and,

     8.   An accessory structure with a footprint less than 150 square feet that satisfies
          the criteria outlined above does not require an elevation or floodproofing
          certificate. Elevation or floodproofing certifications are required for all other
          accessory structures.

6.4.3 Standards for Floodplains without Established Base Flood Elevations
Within the Special Flood Hazard Areas, where no Base Flood Elevation (BFE) data has
been provided by FEMA, the following provisions, in addition to the standards above,
shall apply:

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

B.   The BFE used in determining the regulatory flood protection elevation shall be
     determined based on one of the following criteria set in priority order:

     1.   If Base Flood Elevation (BFE) data is available from other sources, all new
          construction and substantial improvements within such areas shall also
          comply with all applicable provisions of this ordinance and shall be elevated
          or floodproofed.

     2.   All subdivision, manufactured home park and other development proposals
          located within Special Flood Hazard Areas shall provide Base Flood Elevation
          (BFE) data if development is greater than 5 acres or has more than 50
          lots/manufactured home sites. Such Base Flood Elevation (BFE) data shall
          be adopted by reference to be utilized in implementing this ordinance.

     3.   When Base Flood Elevation (BFE) data is not available from a Federal, State,
          or other source as outlined above, the reference level shall be elevated above
          the highest adjacent grade as required in the regulatory flood protection
          elevation definition.

6.4.4 Standards for Riverine Floodplains with BFE but without Established
Floodways or Non-Encroachment Areas
Along rivers and streams where BFE data is provided but neither floodway nor non-
encroachment areas are identified for a Special Flood Hazard Area on the FIRM or in



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the FIS report, the following requirements shall apply to all development within such
areas:

A.   Standards outlined in Section 6.4.1 & 6.4.2; and

B.   No encroachments, including fill, new construction, substantial improvements, or
     other development, shall be permitted unless certification with supporting technical
     data by a registered professional engineer is provided demonstrating that the
     cumulative effect of the proposed development, when combined with all other
     existing and anticipated development, will not increase the water surface elevation
     of the base flood more than one foot at any point within the community.

6.4.5 Floodways and Non-Encroachment Areas
Areas designated as floodways or non-encroachment areas are located within the
Special Flood Hazard Areas. The floodways and non-encroachment areas are
extremely hazardous areas due to the velocity of floodwaters that have erosion potential
and carry debris and potential projectiles. The following provisions, in addition to
standards outlined in Sections 6.4.1 and 6.4.2, shall apply to all development within
such areas:

A.   No new structures shall be permitted in areas designated as floodways or non-
     encroachment areas.

B.   Substantial improvements, new encroachments (other than structures), fill, and
     other developments shall not be permitted unless it has been demonstrated
     through hydrologic and hydraulic analyses performed in accordance with standard
     engineering practice that the proposed encroachment would not result in any
     increase in the flood levels during the occurrence of the base flood. Such
     certification and technical data shall be presented to the floodplain administrator
     prior to issuance of floodplain development permit.

C.   If Section 6.4.5.B is satisfied, all development shall comply with all applicable flood
     hazard reduction provisions of this ordinance.

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

     1.   The anchoring and the elevation standards of Section 6.4.2.C; and

     2.   The no encroachment standard of Section 6.4.5.B are met.

6.4.6 Coastal High Hazard Areas (Zones VE and V1-30)




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Coastal High Hazard Areas are Special Flood Hazard Areas designated as Zones VE or
V1-30. These areas have special flood hazards associated with high velocity waters
from surges and; therefore, in addition to meeting all other provisions in this ordinance
with the exception of floodway and non-encroachment area provisions, the following
provisions shall apply:

A.   All development shall:

     1.   be located landward of the reach of mean high tide;

     2.   be located landward of the first line of stable natural vegetation; and,

     3.   Comply with all applicable CAMA setback requirements.

B.   All new and substantially improved structures shall be elevated so that the bottom
     of the lowest horizontal structural member of the lowest floor (excluding pilings or
     columns) is located no lower than the regulatory flood protection elevation.
     Floodproofing shall not be utilized on any structures in Coastal High Hazard Areas
     to satisfy the regulatory flood protection elevation requirements.

C.   All space below the regulatory flood protection elevation shall be open so as not to
     impede the flow of water with the following exceptions:

     1.   Open wood latticework or insect screening may be permitted below the
          regulatory flood protection elevation for aesthetic purposes only and must be
          designed to wash away in the event of abnormal wave action and in
          accordance with Section 6.4.2.D.2. Design plans shall be submitted in
          accordance with Section 6.4.2.D.4; or

     2.   Breakaway walls may be permitted below the regulatory flood protection
          elevation provided they meet the criteria set forth in Section 6.4.2.D.2.
          Design plans shall be submitted in accordance with Section 6..4.2.D.4.

D.   All new and substantial improved structures shall be securely anchored on pilings
     or columns. All pilings and columns and the structures attached thereto shall be
     anchored to resist flotation, collapse, and lateral movement due to the effect of
     wind and water loads acting simultaneously on all building components.

     1.   Water loading values used shall be those associated with the base flood.

     2.   Wind loading values used shall be those required by the current edition of the
          North Carolina State Building Code.

E.   A registered professional engineer or architect shall certify that the design,
     specifications and plans for construction are in compliance with the provisions



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     contained in this Chapter on the current version of the North Carolina “National
     Flood Insurance Program V-Zone Certification” form.

F.   Fill shall not be used for structural support. Limited non-compacted and non-
     stabilized fill may be used around the perimeter of a building for
     landscaping/aesthetic purposes provided the fill will wash out from storm surge,
     thereby rendering the building free of obstruction prior to generating excessive
     loading forces, ramping effects, or wave deflection. Design plans shall be
     submitted in accordance with this ordinance. The floodplain administrator may
     approve design plans for landscaping/aesthetic fill only after the applicant has
     provided an analysis by an engineer, architect, and/or soil scientist which
     demonstrates that the following factors have been satisfied:

     1.   Particle composition of fill material does not have a tendency for excessive
          natural compaction;

     2.   Volume and distribution of fill will not cause wave deflection to adjacent
          properties; and’

     3.   Slope of fill will not cause wave run-up or ramping.

G.   There shall be no alteration of sand dunes which would increase potential flood
     damage.

H.   No manufactured homes shall be permitted except in an existing manufactured
     home park or subdivision. A replacement manufactured home may be placed on a
     lot in an existing manufactured home park or subdivision provided the anchoring
     and elevation standards are in compliance with this section of ordinance.

I.   Recreational vehicles may be permitted in Coastal High Hazard Areas provided
     that they meet the Recreational Vehicle criteria of Section 6.4.2.F and the
     Temporary Structure provisions of Section 6.4.2.G.




Section 6.5 Special Provisions for Subdivisions

A.   An applicant for a special use permit authorizing a major subdivision and an
     applicant for minor subdivision final plat approval shall be informed by the
     Administrator of the use and construction restrictions contained in this chapter if
     any portion of the land to be subdivided lies within a floodplain.




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B.   Final plat approval for any subdivision containing land that lies within a floodway or
     floodplain may not be given unless the plat shows the boundary of the floodway or
     floodplain and contains in clearly discernible print the following statement: "Use of
     land within a floodway or floodplain is substantially restricted by Chapter 6 of the
     Currituck County Unified Development Ordinance."

C.   Subject to the following sentence, a major development permit for a major
     subdivision and final plat approval for any subdivision may not be given if:

     1.   The land to be subdivided lies within a zone where residential uses are
          permissible and it reasonably appears that the subdivision is designed to
          create residential building lots;

     2.   Any portion of one or more of the proposed lots lies within a floodway; and,

     3.   It reasonably appears that one or more lots described in subdivisions (a) and
          (b) of this subsection could not practicably be used as a residential building
          site because of the restrictions set forth in this chapter. The foregoing
          provision shall not apply if a notice that the proposed lots are not intended for
          sale as residential building lots is recorded on the final plat, or if the developer
          otherwise demonstrates to the satisfaction of the authority issuing the permit
          or approving the final plat that the proposed lots are not intended for sale as
          residential building lots.


Section 6.6 Legal Status Provisions

6.6.1 Effect on Rights and Liabilities under the Existing Flood Damage Prevention
Ordinance
This ordinance in part comes forward by re-enactment of some of the provisions of the
flood damage prevention ordinance enacted July 18, 1984 as amended, and it is not the
intention to repeal but rather to re-enact and continue to enforce without interruption of
such existing provisions, so that all rights and liabilities that have accrued there under
are reserved and may be enforced. The enactment of this ordinance shall not affect
any action, suit or proceeding instituted or pending. All provisions of the flood damage
prevention ordinance of Currituck County enacted on July 18, 1984, as amended, which
are not reenacted herein, are repealed.


6.6.2 Effect upon Outstanding Floodplain Development Permits
Nothing herein contained shall require any change in the plans, construction, size, or
designated use of any development or any part thereof for which a floodplain
development permit has been granted by the floodplain administrator or his or her
authorized agents before the time of passage of this ordinance; provided, however, that
when construction is not begun under such outstanding permit within a period of six



                                         6-23
                   Currituck County Unified Development Ordinance
CHAPTER 6: ENVIRONMENTAL PROTECTION

months subsequent to the date of issuance of the outstanding permit, construction or
use shall be in conformity with the provisions of this ordinance.


Section 6.7 Natural Drainage System Utilized to Extent Feasible

A.   To the extent practicable, all development shall conform to the natural contours of
     the land and natural and pre-existing man-made drainage ways shall remain
     undisturbed.

B.   To the extent practicable, lot boundaries shall be made to coincide with natural and
     pre-existing man-made drainage ways within subdivisions to avoid the creation of
     lots that can be built upon only by altering such drainage ways.


Section 6.8 Developments Must Drain Properly

A.   All developments shall be provided with a drainage system that is adequate to
     prevent the undue retention of surface water on the development site. Surface
     water shall not be regarded as unduly retained if:

     1.   the retention results from a technique, practice or device deliberately installed
          as part of an approved Sedimentation or Storm Water Runoff Control Plan; or,

     2.   The retention is not substantially different in location or degree than that
          experienced by the development site in its pre-development stage, unless
          such retention presents a danger to health or safety.

B.   No surface water may be channeled or directed into a sanitary sewer.

C.   Whenever practicable, the drainage system of a development shall coordinate with
     and connect to the drainage systems or drainage ways on surrounding properties
     or streets.

D.   Construction specifications for drainage features are contained in the Drainage
     Plan Requirements Section of Chapter 11.


Section 6.9 Storm Water Management

A.   All developments shall be constructed and maintained so that adjacent properties
     are not unreasonably burdened with surface waters as a result of such
     developments. More specifically:




                                         6-24
                   Currituck County Unified Development Ordinance
                                         CHAPTER 6: ENVIRONMENTAL PROTECTION

     1.   No development may be constructed or maintained so that such development
          unreasonably impedes the natural flow of water from higher adjacent
          properties across such development, thereby unreasonably causing
          substantial damage to such higher adjacent properties; and,

     2.   No development may be constructed or maintained so that surface waters
          from such development are unreasonably collected and channeled onto lower
          adjacent properties at such locations or at such volumes as to cause
          substantial damage to such lower adjacent properties.

B.   A combination of storage and controlled release of stormwater runoff is required
     with the release rate of stormwater not to exceed the lesser of: (1) the
     predevelopment rate, or (2) the runoff predicted by a ten year storm event.
     Accepted methods for calculating storm runoff are as follows:

      1. Rational Method

      2. USGS Method

      3. TR55 Method

      4. Combination of the above methods

C.   All stormwater removal systems within the subdivision shall be designed: (i) to
     handle a ten year storm event or (ii) to meet NCDOT road drainage specifications.

D.   Plans must address the maintenance of the drainage system and the responsible
     party. The engineer must certify the stormwater installation was performed as
     designed and verified by an as-built survey. The subdivider is responsible for
     maintenance of the drainage system until the Homeowners Association (or other
     responsible entity) assumes the responsibility for maintenance.

E.   Downstream drainage impediments that restrict flow to a point of making
     development prohibitive must be addressed by the subdivider. This problem shall
     be corrected by: (i) storing excess stormwater on site; or (ii) improving downstream
     flow with the consent of all property owners adjacent to the drainage way.

F.   No fill of any kind shall be allowed within ten feet of any property line, except as
     associated with a driveway improvements located within ten feet of the front
     (street) property line and/or a bulkhead for shoreline protection, with the exception
     of lots within planned unit developments.

G.   Fill shall not encroach on natural water courses, their floodplains or constructed
     channels in a manner to adversely affect water bodies or adjacent property
     owners. Sediment traps, basins and other control measures for limiting erosion



                                         6-25
                   Currituck County Unified Development Ordinance
CHAPTER 6: ENVIRONMENTAL PROTECTION

     shall be installed per a state approved Erosion and Sedimentation Control Plan
     and shall be reviewed and inspected by county technical staff members

H.   Any development that requires a CAMA Major Development Permit or a
     Sedimentation and Erosion Control plan shall be subject to the state stormwater
     runoff policies promulgated in 15 NCAC 2H Section .1000, unless exempted by
     those regulations.


Section 6.10 Sedimentation and Erosion Control

A.   No zoning, special use, or conditional use permit may be issued and final plat
     approval for subdivisions may not be given with respect to any development that
     would cause land disturbing activity requiring prior approval of an erosion and
     sedimentation control plan by the N.C. Sedimentation Control Commission under
     GS 113A-57(4) [Mandatory Standards for Land Disturbing Activity] unless the
     commission has certified to the county, either that:

     1.   An erosion and sedimentation control plan has been submitted to and
          approved by the commission; or,

     2.   The commission has examined the preliminary plans for the development and
          it reasonably appears that an erosion and sedimentation control plan can be
          approved upon submission by the developer of more detailed construction or
          design drawings. However, in this case, construction of the development may
          not begin (and no building permits may be issued) until the commission
          approves the erosion and sedimentation control plan.

B.   For purposes of this section, "land disturbing activity" means any use of the land by
     any person in residential, industrial, educational, institutional or commercial
     development, highway and road construction and maintenance that results in a
     change in the natural may cause or contribute to sedimentation except activities
     that are exempt under GS 113A-52(6) [Definitions]. Sedimentation occurs
     whenever solid particulate matter, mineral or organic, is transported by water, air,
     gravity, or ice from the site of its origin.


Section 6.11 Mandatory Standards for Land Disturbance Activities, Excluding
Residential Lots within Planned Unit Developments

A.   The provisions of this section shall apply to any land disturbance activity
     regardless of the size of the disturbed area. A land disturbance permit (Chapter
     11) is required when filling/grading above any adjacent grade is proposed.




                                         6-26
                   Currituck County Unified Development Ordinance
                                           CHAPTER 6: ENVIRONMENTAL PROTECTION

B.   Land disturbing activities, excluding clearing, grubbing and vegetable gardens,
     shall not be permitted within ten feet from any property line with the exception of
     drainage and stormwater improvements and underground utilities. Landscaping
     and fences located within this area are permitted as long as they do not impede
     the flow of stormwater. Land disturbances on front (street) property lines for
     driveways shall be limited to culvert, drainage, and driveway improvements and
     shall comply with all provisions of this ordinance

C.   Fill is not allowed within ten feet of any side or rear property line. Fill is not allowed
     within ten feet of the front (street) property line except for driveway improvements
     and as approved by the county engineer.

D.   Stormwater ponds, either wet or dry, shall not be located within the ten foot no fill
     zone, except as approved by the county engineer.

E.   A lot shall not be filled/graded higher than the adjacent grades except for the
     following:

     1.   When Albemarle Regional Health Services (ARHS) determines that fill is
          necessary for a septic system to function properly, the fill area shall be limited
          to the septic system and drainfield areas and the maximum fill shall not
          exceed 24 inches.

     2.   An additional 12 inches of fill above the septic system and drainfield fill may
          be allowed for the house pad to ensure adequate flow from the building to the
          septic system.

     3.   When fill is required to raise the lot elevation to the base flood elevation.

     4.   When fill is essential to meet the required pad elevation as shown on an
          approved preliminary plat/grading plan.

F.   All fill shall be established at a slope not to exceed 3:1 (three feet horizontal run for
     every one foot vertical rise). The toe of the slope shall meet the ten foot setback
     requirement from all property lines. A permanent ground cover, sufficient to
     prevent erosion, must be established on all fill slopes as follows:

     1.   Prior to issuance of the certificate of compliance for construction projects; or,

     2.   For projects where land disturbance activity has ceased for more than six
          months, whichever occurs first.

G.   Bulkheads or retaining walls shall not be allowed as a method to stabilize or
     contain fill, except bulkheads established for the purpose of shoreline protection
     and as otherwise permitted by the county engineer. This shall not include retaining
     walls used to stabilize or contain existing natural grade when a driveway or
     walkway is cut into a lot at an elevation lower than existing natural grade.
                                          6-27
                    Currituck County Unified Development Ordinance
CHAPTER 6: ENVIRONMENTAL PROTECTION


H.   Any lot requiring a land disturbance permit shall install erosion and sediment
     control measures to prevent sediment from leaving the site. The erosion and
     sediment control measures shall be implemented on the site prior to the
     commencement of land disturbing activities and shall be continuously maintained
     during the land disturbance phase of development.

I.   In cases of substantial natural grade differences between adjoining lots of the
     subject property, the county engineer may accept a certified, engineered
     stormwater plan that deviate from these requirements. The stormwater plan shall
     verify that the proposed development will not create flooding or nuisance
     conditions on the lower adjacent lots. In no case shall the rear and side yard no fill
     zones be encroached upon with fill.

J.   A fill permit issued by the North Carolina Division of Water Quality shall be required
     to fill any 401 wetlands.

K.   A fill permit issued by the US Army Corp of Engineers shall be required to fill any
     404 wetlands.




                                         6-28
                   Currituck County Unified Development Ordinance
                         CHAPTER 7:
                           SIGNS
Section                                                          Page

7.1   Purpose and Applicability……………………………………………………….. 7-2

7.2   Signs Excluded from Regulation……………………………………………….. 7-2

7.3   Determining the Number and Area of Signs………………………………….. 7-4

7.4   On-Premise Signs……………………………………………………………….. 7-5

7.5   On-Premise Shopping Center Signs……………………………………………7-7

7.6   Temporary, Off-Premise Signs…………………………………………………. 7-8

7.7   Miscellaneous Restrictions and Prohibitions………………………………….. 7-9




                                      7-1
               Currituck County Unified Development Ordinance
CHAPTER 7: SIGNS

Section 7.1 Purpose and Applicability

7.1.1 Purpose
The purpose of this section is to support and complement the various land uses allowed
in Currituck County by the adoption of policies and regulations concerning the
placement of signs. The erection of signs is controlled and regulated in order to
promote the health, safety, welfare, convenience, and enjoyment of travel on roadways,
as well as protect the public investment in such roadways. The provisions of this
section are also intended to promote the reasonable, orderly, and effective display of
such signs, displays, and devices.

7.1.2 Permit Required
Except as otherwise provided in this ordinance, it shall be unlawful for any person to
erect, construct, enlarge, move, or replace any sign, without first having obtained a
zoning permit for such sign from the administrator as provided for in Chapter 11.

7.1.3 Additional Sign Requirements

A.   Additional sign requirements for specific uses are in Chapter 3.

B.   Additional sign requirements for overlay districts are in Chapter 4.


Section 7.2 Signs Excluded from Regulation
The following signs are exempt from regulation under this chapter, but are subject to
Miscellaneous Restrictions and Prohibitions contained in this chapter:

A.   Signs erected by, or on behalf of, or pursuant to, the authorization of a
     governmental body, including legal notices, informational signs that identify public
     property or convey public information, and traffic, directional or regulatory signs.
     (PB 08-10, 3/17/08)

B.   Official signs of a non-commercial nature erected by public utilities.

C.   Flags, pennants, or insignia of any governmental or non-profit organization when
     not displayed in connection with a commercial promotion or as an advertising
     devise.

D.   Displays of merchandise offered for sale or rent on the premises where displayed.
     Only merchandise of the type that is actually for sale or rent, and not pictorial or
     other representation of such merchandise, falls within this exemption.

E.   Church directional signs, so long as such signs:

     1.   Do not exceed one per abutting street.

     2.   Are not internally illuminated.

                                            7-2
                     Currituck County Unified Development Ordinance
                                                                     CHAPTER 7: SIGNS


     3.   Do not exceed eight square feet in area.

F.   Signs painted on or otherwise permanently attached to currently licensed motor
     vehicles that are not primarily used as signs.

G.   Signs proclaiming religious, political, or other non-commercial messages other
     than those that do not exceed 1 per lot and 32 square feet in area and that are not
     internally illuminated.

H.   Signs advertising the sale, lease, availability, development or prospective
     development of a subdivision provided the sign is located within the boundaries of
     the subdivision and the sign:

     1.   Shall not exceed 75 square feet in area.

     2.   Shall be spaced not less than 500 feet apart.

     3.   Shall not exceed 10 feet in height.

I.   Signs that do not exceed three square feet in area and bear only property
     numbers, post office box numbers, names of occupants of premises, or other
     identification not having commercial connotations.

J.   Integral decorative or architectural features of buildings, except letters, trademarks,
     moving parts or moving lights.

K.   Signs directing and guiding traffic and parking on private property, but bearing no
     advertising matter.

L.   A sign identifying parties responsible for construction activities at a development
     site.

M.   On premise “for sale" or "for rent" signs.

N.   Subdivision entrance, subdivision directory and multi-family development entrance
     signs. At the entrance to a subdivision or multi-family development, there may be
     not more than 2 such signs (not on the same lot) with a maximum area of 60
     square feet and a maximum height of 15 feet. In cases where such signs are
     mounted on decorative walls, the wall area shall not be utilized to calculate the
     sign surface area.




                                          7-3
                   Currituck County Unified Development Ordinance
CHAPTER 7: SIGNS

Section 7.3 Determining the Number and Area of Signs

A.   For the purpose of determining the number of signs, a sign shall be considered to
     be a single display surface or display device containing elements organized,
     displayed in a random manner without organized relationship of elements, each
     element shall be considered as a single sign.

B.   A two-sided or multi-sided sign shall be regarded as one sign so long as:

     1.   With respect to V-type signs, the two sides are at no point separated by a
          distance that exceeds 15 feet.

     2.   With respect to double faced (back to back) signs, the distance between the
          backs of each face of the sign does not exceed three feet.

C.   Sign area shall be determined by drawing the smallest geometric form to
     encompass the extreme limits of the writing, representation, emblem, color, or
     other display, together with any material or color forming an integral part of the
     background of the display or used to differentiate the sign from the backdrop or
     structure against which it is placed. Sign area shall not include any supporting
     framework, bracing, or decorative fence or wall when such fence or wall otherwise
     meets the UDO regulations and is clearly incidental to the display itself.




                                          7-4
                   Currituck County Unified Development Ordinance
                                                                                   CHAPTER 7: SIGNS

Section 7.4 On-Premise Signs

7.4.1 Dimensional and Location Requirements by Sign Type
On-premise signs where one or more businesses are on one or more lots, excluding
shopping centers, shall be subject to the standards listed below.

  Criteria                 Freestanding Sign                                   Wall Sign
Number            • 1 sign per street frontage for                               n/a
                    frontages up to 500 feet.
                  • 3 signs for frontages greater than
                    500 feet.
Spacing           • 100 feet spacing between signs                                n/a
                    located on the same property.
                                     1
Area              • 100 square feet                         • 30% of wall area.
                                     2
                  • 250 square feet                         • 200 square feet max. for each building less
                                                              than 5,000 square feet of gross floor area.
                                                            • 400 square feet max. for each building
                                                              between 5,000 square feet and 9,999
                                                              square feet of gross floor area.
                                                            • 600 square feet max. for each building
                                                              greater than 10,000 square feet of gross
                                                              floor area.
                      1
Setback           •  0 feet from right-of-way for signs                          n/a
                    up to 100 square feet and 10 feet
                    in height.
                    2
                  • 10 feet from right-of-way for signs
                    over 100 square feet and/or 10 feet
                    in height.
                  • 10 feet from any side property line.
Location          Located outside 10’ x 35’ site triangle   Must be oriented toward a public street and
                                                            cannot be facing directly to an adjacent
                                                            residential dwelling within a residential zoning
                                                            district.
                      1
Height            •    10 feet max.                         May not project above roof line.
                      2
                  •    25 feet max. above road bed but
                     in no case greater than 30 feet.
Temporary Signs: A total of two temporary signs are permitted per property. The total maximum size of
one sign or two signs combined cannot exceed 40 square feet. If the property contains more than one
street front, one additional temporary sign per street front is permitted not to exceed 40 square feet. The
maximum height is 10 feet. The sign shall maintain a 0 setback from the street right-of-way and 10 feet
from side property lines. Temporary signs may not be located within the 10’ x 35’ site triangle.



7.4.2 On-Premise Sign Additional Requirements

A.     No more than 50 percent of the area of a sign can be a message board or reader
       board or electronically controlled message sign. The message must remain
       stationary for a minimum of five seconds, except for time and temperature. (PB 08-
       10, 3/17/08)




                                                 7-5
                          Currituck County Unified Development Ordinance
CHAPTER 7: SIGNS

B.   Flags shall be permitted and used in accordance with these provisions. These
     provisions shall not apply to governmental flags, flags of non-profit or charitable
     organizations, or private residences.

     1.   Flags shall not encroach into the right-of-way. Further, flags shall not be
          permitted within the designated site triangle.

     2.   Flags are permitted at a size of one square foot of flag for every two lineal
          feet of road frontage as determined from the site plan or tax records. Further,
          there is a limit of 1 flag permitted for every 40 lineal feet of street frontage for
          the first 200 feet and 1 flag per 100 lineal feet of street frontage thereafter.

     3.   Flags subject to these provisions shall not exceed 20 feet in height.

     4.   Flag poles shall observe established side yard setbacks. Further, flag poles
          shall be spaced at least two feet apart from each other and shall contain no
          more than one flag per pole.

     5.   Flags shall be attached to a singular pole and shall have no other means of
          support (i.e. be free-flying).

     6.   Flags that are shredded, torn, tattered and/or frayed must be replaced and/or
          removed within 15 calendar days of receiving written notification. Flagpoles
          shall be straight, appropriately placed, in good working order, and have a
          good coat of paint or finish, natural or otherwise. All enforcement provisions
          as established in these regulations may be used.

C.   Pennants and streamers are permitted for maximum of 30 days for each of the
     following events. A zoning permit for the pennants/streamers is required at no cost
     in order to establish the start/finish date of the display. Pennants and streamers
     shall not be attached to any road sign or telephone pole and shall not encroach
     into the street right-of-way.

     1.   Grand Openings.

     2.   Seasonal Openings (for those businesses who are closed during one or more
          seasons).

     3.   Going out of Business.




                                          7-6
                   Currituck County Unified Development Ordinance
                                                                                  CHAPTER 7: SIGNS

Section 7.5 On-Premise Shopping Center Signs

7.5.1 Dimensional and Location Requirements by Sign Type
On-premise shopping centers signs shall be subject to the standards listed below.

 Criteria      Freestanding Shopping                 Freestanding                  Wall Sign
                      Center Sign                   Outparcel Sign
Number       1 per street frontage            1 per street frontage                    n/a


Area         160 square feet max.             100 square feet max.           1.5 square feet per 1
                                                                             foot of building width
                                                                             or 50 square feet
                                                                             whichever is greater,
                                                                             not to exceed 30
                                                                             percent of wall area.
Setback      • 0 feet from right-of-way for   •   0 feet from right-of-way             n/a
               signs up to 100 square             for signs less than 10
               feet and 10 feet in height         feet in height
             • 10 feet from right-of-way      •   10 feet from right-of-
               for signs over 100 square          way for signs more than
               feet                               10 feet in height
             • 30 feet from adjoining         •   10 feet from interior
               property lines                     property lines

Location     Located outside 10’x35’          Located outside 10’x35’        • Must be oriented
             sight triangle                   sight triangle                   toward a public
                                                                               street, public
                                                                               vehicular access,
                                                                               or public drive aisle
                                                                               leading to public
                                                                               parking or public
                                                                               entrance
                                                                             • May not project
                                                                               more that 3 feet
                                                                               from wall face
Height         • 20 feet max above             20 feet max                   May not project
                  roadbed                                                    above roof line
               • 25 feet max.
Temporary Signs: A total of two temporary signs are permitted per property. The total maximum
size of one sign or two signs combined cannot exceed 40 square feet. If the property contains
more than one street front, one additional temporary sign per street front is permitted not to
exceed 40 square feet. The maximum height is 10 feet. The sign shall maintain a 0 setback from
the street right-of-way and 10 feet from side property lines. Temporary signs may not be located
within the 10’ x 35’ site triangle.




                                             7-7
                      Currituck County Unified Development Ordinance
CHAPTER 7: SIGNS

7.5.2 On-Premise Sign Additional Requirements
On-premise shopping center signs shall meet additional requirements of Section 7.4.2.


Section 7.6 Temporary, Off-Premise Signs

A.   The following temporary off-premises signs are permitted without a sign permit or
     the payment of fees:

     1.   Signs erected in connection with elections or political campaigns. Such signs
          shall be removed with 10 days following the election or conclusion of the
          campaign. No such sign may exceed 32 square feet in surface area.

     2.   Off-premises signs indicating that a special event such as a fair, carnival,
          circus, festival or similar happening is to take place on a lot other than the one
          where the sign is located. Such signs may be erected no earlier than 30 days
          before the event and must be removed no later than 10 days after the event.

     3.   Off-premise signs advertising the existence of:

          a.   A roadside stand selling fruits or vegetables.

          b.   A farm or tract upon which are grown fruits or vegetables that may be
               picked or gathered by the purchaser.

          c.   No sign may exceed 32 square feet in surface area. Such signs may not
               be erected more than 30 days before the seasonal opening of such
               enterprise and shall be removed no later than 30 days after the
               enterprise closes for the season.

B.   Temporary off-premises signs not covered in the foregoing categories, so long as
     such signs meet the following restrictions:

     1.   Not more than one such sign may be located on any lot.

     2.   No such sign may exceed six square feet in surface area.

     3.   Such sign may not be displayed for longer than 3 consecutive days and not
          more than 10 days out of any 365-day period.

C.   Home occupation directional signs; subject to the following:

     1.   The home occupation shall have a valid conditional use permit authorized by
          the Board of Adjustment.

     2.   There shall be no more than one such sign.

                                          7-8
                   Currituck County Unified Development Ordinance
                                                                     CHAPTER 7: SIGNS


     3.   Such sign shall not exceed eight square feet in area and four feet in height.

     4.   Such sign shall not be illuminated by any means.

     5.   Such sign shall not be located within any public street right-of-way, sight
          distance triangle, easement, vehicular area or other similar area.

     6.   Such sign shall only be located along US 158, NC 168, NC 34 or NC 615.

     7.   The message of any such sign shall be limited to the business name,
          location, telephone number and distance. There shall be no additional
          commercial advertisement of any kind.

     8.   Written permission from the owner of the property on which the sign will be
          erected shall be required.

D.   Other temporary off-premises signs not listed in this section shall be regarded and
     treated in all respects as permanent signs.


Section 7.7 Miscellaneous Restrictions and Prohibitions

A.   No person may cause, suffer, or permit a sign that is in conformity with the
     provisions of this chapter on its effective date to thereafter become nonconforming.

B.   No sign may be located within the site distance triangle (10' x 70' at the  )
     intersections of public right-of-ways. Further, no sign shall be located within a site
     distance triangle of 10'x 35'at a point where driveways and private road right-of-
     ways intersect with public and private road right-of-ways.

C.   Signs that revolve or are animated or that utilize movement or apparent movement
     to attract attention of the public are prohibited (with the exception of message
     boards, reader boards, and electronically controlled message signs subject to the
     regulations in this chapter). Without limiting the foregoing; banners, streamers,
     animated display boards, pennants, and propellers are prohibited but signs that
     only move occasionally because of wind are not prohibited if their movement: (PB
     08-10, 3/17/08)

     1.   Is not a primary design feature of the sign;

     2.   Is not intended to attract attention to the sign.

     The restriction of this subsection shall not apply to signs specified in Section 7.2
     (C) or (D) or to signs indicating the time, date or weather conditions and other such
     signs as specifically provided in these regulations, such as temporary signs and


                                              7-9
                       Currituck County Unified Development Ordinance
CHAPTER 7: SIGNS

     message board, reader board, and electronically controlled message signs. (PB 08-
     10, 3/17/08)

D.   No sign may be erected so that by its location, color, illumination, size, shape,
     nature or message it would tend to obstruct the view of or be confused with official
     traffic signs or other signs erected by governmental agencies.

E.   Freestanding signs shall be adequately secured or stabilized to minimize the
     danger that either the sign or the supporting structure may be moved by the wind
     or other forces of nature and cause injury to persons or property.

F.   No sign shall be attached to any traffic sign, utility pole, structure or tree.

G.   Lights shall not shine into the street right-of-way or adjoining properties. If
     necessary, lights can be shielded by shrubs or decorative features on the sign.

H.   Off-premises advertising (billboards) are expressly prohibited.

I.   Signs on vehicles and trailers that are parked in a location which is visible to the
     public and for a period of time which indicates that the principal use of the vehicle
     is for advertising rather than transport. (PB 08-10, 3/17/08)




                                          7-10
                    Currituck County Unified Development Ordinance
                   CHAPTER 8:
               PARKING & DRIVEWAYS
Section                                                          Page

8.1    General Design Requirements………………………….…………………….... 8-2

8.2    Parking Area Dimensions…………………………….……….…………..…….. 8-2

8.3    Number of Parking Spaces Required………………….………………………. 8-4

8.4    Table of Parking Requirements………………………………………………… 8-6

8.5    Flexibility in Administration……………………………………………………… 8-11

8.6    Parking Area Surfaces…………………………………………………………... 8-11

8.7    Joint Use of Required Parking Spaces………………………………………... 8-12

8.8    Satellite Parking………………………………………………………………….. 8-12

8.9    Loading and Unloading Areas………………………………………………….. 8-13

8.10   Driveways…………………………..…………………………………………….. 8-14




                                       8-1
                Currituck County Unified Development Ordinance
 CHAPTER 8: PARKING & DRIVEWAYS

Section 8.1 General Design Requirements

A.   Parking areas shall be designed so that vehicles may exit such areas without
     backing onto a public street. This requirement does not apply to parking areas
     consisting of driveways that serve single family or two family dwelling units,
     although backing onto arterial streets is discouraged.

B.   Parking areas of all developments shall be designed so that sanitation, emergency,
     and other public service vehicles can serve such developments without the
     necessity of backing unreasonable distances or making other dangerous or
     hazardous turning movements.

C.   Every parking area shall be designed so that vehicles cannot extend beyond the
     perimeter of such area onto adjacent properties or public rights-of-way. Such
     areas shall also be designed so that vehicles do not extend over sidewalks or
     bump against or damage any wall, vegetation, or other obstruction.

D.   Commercial parking areas shall be located no less than 20 feet from the front
     property line and 10 feet from the side and rear property lines.

E.   Circulation areas shall be designed so that vehicles can proceed safely without
     posing a danger to pedestrians or other vehicles and without interfering with
     parking areas.

F.   Whenever a fire hydrant is located adjacent to any portion of a parking area
     required to be paved, the pavement shall be clearly marked to indicate that parking
     within 15 feet of such hydrant is prohibited.

G.   Provisions relating to parking for the handicapped are set forth in the North
     Carolina State Building Code, and all parking areas shall comply with such
     requirements to the extent they are applicable.


Section 8.2 Parking Area Dimensions

8.2.1 Parking Space Dimensions
All districts and uses except for RO1 and RO2 single family and two family residences
shall meet the following dimensions:

         Space Type                  Minimum Width               Minimum Length
Perpendicular or Angled                  10 feet                      20 feet
Compact                                  7.5 feet                     15 feet
Parallel                                  9 feet                      22 feet




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RO1 and RO2 single family and two family residences:

      Space Type                   Minimum Width           Minimum Length           Minimum Aisle
                                                                                        Width
Perpendicular or Angled                8 feet                      15 feet               15 feet
Parallel                               8 feet                      20 feet               15 feet

A.   No residential parking space within the RO1 and RO2 zoning district shall be
     designed to require any vehicle to be moved to access a required parking space.

B.   Lines demarcating parking spaces may be drawn at various angles in relation to
     curbs or aisles, so long as the parking spaces so created contain within them the
     rectangular area required by this section. Where wheel stops or curbing exists, a
     two foot bumper overhang credit will be given provided that area is clear from
     obstruction.

8.2.2 Parking Aisle Dimensions

Parking area aisle widths (except for residential lots within planned unit developments)
shall conform to the following table, which varies the width requirement according to the
angle of parking.

                                           Angle of Parking Spaces (degrees)
Aisle Direction     0 (parallel)         30            45             60            90 (perpendicular)

One-Way            13 feet wide      14 feet wide   15 feet wide     18 feet wide      24 feet wide

Two-Way            19 feet wide      20 feet wide   21 feet wide     23 feet wide      24 feet wide




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                      Currituck County Unified Development Ordinance
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                          DIAGRAM OF ANGLED PARKING




                     DIAGRAM OF PERPENDICULAR PARKING




Section 8.3 Number of Parking Spaces Required

A.   All developments in all zoning districts shall provide the number of parking spaces,
     as specified in the Table of Parking Requirements.

B.   Developments must comply with the minimum parking requirements of the Table of
     Parking Requirements. If these requirements are met, then the development is in
     compliance. However, the Table of Parking Requirements is only intended to

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     establish a presumption and should be flexibly administered as provided in Section
     8.5.

C.   When determination of the number of parking spaces required by this table results
     in a requirement of a fractional space, any fraction of one-half or less may be
     disregarded, while a fraction in excess of one-half shall be counted as one parking
     space.

D.   The Table of Parking Requirements cannot cover every possible situation that may
     arise. Therefore, in cases not specifically covered, the permit issuing authority is
     authorized to determine the parking requirements using this table as a guide.

E.   In parking areas containing 10 or more parking spaces, up to 20 percent of the
     parking spaces may be compact spaces in accordance with the Parking Space
     Dimensions table in Section 8.2.




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                                                                                          CHAPTER 8: PARKING & DRIVEWAYS

Section 8.4 Table of Parking Requirements

                        Use Description                                               Parking Requirement
Residential Uses
Assisted Living Facilities                               3 spaces for every 5 beds
Boarding Houses, Rooming Houses                          1 space for each bedroom
Family Care Homes                                        3 spaces for every 5 beds except for uses exclusively serving children under 16,
                                                         in which case 1 space for every 3 beds shall be required
Home Occupations                                         4 spaces for offices of physicians or dentists; 2 spaces for attorneys, 1 space for
                                                         all others
Hunting and Fishing Lodges                               1 space for each room to be rented plus 2 spaces for the residential dwelling
Multi-Family Residence                                   2 spaces per dwelling unit, except that
                                                         • Accessory apartments only require 1 space.
                                                         • Five or more dwelling units that share a common parking area, the number of
                                                              spaces may be reduced by 20%.
                                                         • Multi-family units limited to persons of low or moderate income or the elderly
                                                              require only 1 space per unit.
Residential Care Home/Nursing Care Facilities            3 spaces for every 5 beds except for uses exclusively serving children under 16,
                                                         in which case 1 space for every 3 beds shall be required.
Single Family, Detached                                  • Excluding RO1 and RO2: 2 spaces per dwelling unit
                                                         • RO1 and RO2 District: 2 spaces per dwelling unit except for dwelling units
                                                             with more than 4 bedrooms which shall require 1 space for each bedroom as
                                                             determined by the district health department/building inspector
Two Family, Attached (Duplex)                            • Excluding RO1and RO2: 2 spaces per dwelling unit
                                                         • RO1 and RO2 District: 2 spaces per dwelling unit except for dwelling units
                                                             with more than 4 bedrooms which shall require 1 space for each bedroom as
                                                             determined by the district health department/building inspector
Civic & Government
ABC Stores                                               1 space per 150 square feet of gross floor area
Civil Defense Operations                                 1 space per 200 square feet of gross floor area
Government Offices                                       1 space per 200 square feet of gross floor area
Law Enforcement and Emergency Services                   1 space per 200 square feet of gross floor area


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Schools (Elementary and Middle)                            1.75 spaces per classroom
Schools (High)                                             5 spaces per classroom
Institutional
Cemeteries (Accessory or Principal Use on same lot as      1 space per 200 square feet of gross floor area
church)
Colleges and Universities                                  1 space per 150 square feet of gross floor area
Correctional Facilities                                    1 space for every 2 employees on maximum shift
Crematorium                                                1 space per 200 square feet of gross floor area
Day Care Centers                                           1 space per employee plus 1 space per 200 square feet of gross floor area
Hospitals and Clinics (Greater than 10,000 square feet)    2 spaces per bed or 1 space per 150 square feet of gross floor area, whichever is
                                                           greater
Museums, Libraries, Art Galleries, Art Centers & Similar   1 space per 300 square feet of gross floor area
Uses
Religious Institutions                                     1 space for every 4 seats used for services
Residential Care Institutions                              • 3 spaces for every 5 beds
                                                           • Multi-family units sponsored by public or non-profit agency for limited income
                                                              families or the elderly – 1 space per unit
                                                           • 1 space for every 2 employees on maximum shift
Schools (Instructional, Trade, or Vocational)              1 space per 100 square feet of gross floor area
Social, Fraternal, Civic Organizations                     1 space per 300 square feet of gross floor area
Office & Service
Animal Services                                            1 space per 200 square feet of gross floor area
Automotive Services and Repairs (includes gas sales)       1 space per 200 square feet of gross floor area plus sufficient parking area to
                                                           accommodate vehicles at pumps without interfering with other parking spaces
Bed & Breakfast Inns                                       1 space for each room to be rented plus 2 spaces for the residential dwelling
Car Washes                                                 Conveyer type-1 space for every 3 employees on the maximum shift plus reserve
                                                           capacity equal to 5 times the capacity of the washing operation.
                                                           Self-service type-2 spaces for drying and cleaning purposes per stall plus 2
                                                           reserve spaces in front of each stall
Drive-thru windows or Drive-in                             5 stacking spaces per window (10 stacking spaces if window serves two stations)
                                                           in addition to parking spaces required for main building use
Funeral Homes                                              1 space 100 square feet of gross floor area
Hotels / Motels                                            1 space for each room to be rented

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Offices                                                    •  Office/Clinic of Physician or Dentist <10,000 square feet : 1 space per 150
                                                              square foot of gross floor area
                                                           • Customer/Client Traffic : 1 space per 200 square feet of gross floor area
                                                           • Minimal or No Customer/Client Traffic: 1 space per 400 square feet of gross
                                                              floor area
                                                           • Office/Warehouse: 1 space per 750 square feet of gross floor area
Tattoo and Body Piercing                                   1 space per 200 square feet of gross floor area
Sales and Rental
Auction House                                              1 space per 300 square feet of gross floor area
Automotive, Heavy Equipment, Mobile Home Sales and         1 space per 200 square feet of gross floor area
Rental
Boat Sales & Rental                                        1 space per 200 square feet of gross floor area
Convenience Stores                                         1 space per 150 square foot of gross floor area
Drive-thru windows or Drive-in                             5 stacking spaces per window (10 stacking spaces if window serves two stations)
                                                           in addition to parking spaces required for main building use
Flea Markets                                               3 spaces per stand or rented space
Nursery or Greenhouses                                     1 space per 200 square feet of gross floor area
Open Air Markets, Farm Markets, Craft Markets              1 space per 1,000 square feet of lot area used for storage, display, or sales
Pawn Shops                                                 1 space per 200 square feet
Retail Uses                                                • High volume: 1 space per 200 square feet of gross floor area
                                                           • Low volume: 1 space per 400 square foot of gross floor area
Restaurants                                                • 1 space per 3 indoor seats
                                                           • 1 space per 4 outdoor seats
                                                           • 1 space per 2 employees on greatest shift
                                                           • drive-thru: 3 stacking spaces at the pick-up window plus 5 stacking spaces at
                                                               the order board
Shopping Centers                                           1 space per 200 square feet of gross floor area for 80% of building
                                                           RO1 District: 1 space per 200 square feet gross floor area except for
                                                           restaurants, theaters, and outdoor recreation uses where applicable standards
                                                           apply
Recreation & Entertainment
Adult Establishments                                       1 space per 100 square foot of gross floor area.
Athletic and Exercise Facilities (indoor)                  1 space per every 3 persons that the facilities are designed to accommodate

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                                                           when fully utilized plus 1 space per 200 square feet of gross floor area used in a
                                                           manner not susceptible to such calculation
Automobile and Motorcycle Racing Tracks                    1 space per every 3 seats
Bars & Nightclubs                                          1 space per 100 square feet of gross floor area plus 1 space for every 4 outdoor
                                                           seats
Campgrounds (Private)                                      1 space per camping space
Drive-in Theaters                                          1 space per speaker outlet
Entertainment/Recreation Uses                              • 1 space per every 3 persons the facility is designed to accommodate when
                                                               fully utilized plus 1 space per 200 square feet of gross floor area for remaining
                                                               area
                                                           • Miniature Golf, Skate Park, Water Slides and Similar Uses: 1 space per 300
                                                               square feet of area plus 1 space per 200 square feet of building gross floor
                                                               area
                                                           • Driving Ranges: 1 space per tee plus 1 space per 200 square feet of building
                                                               gross floor area
                                                           • Par Three Courses: 2 spaces per golf hole plus 1 space per 200 square feet
                                                               of building gross floor area.
Horseback Riding, Schooling, and Boarding Facilities       1 space per horse that could be kept at the stable when occupied to maximum
                                                           capacity
Movie Theaters (Indoor)                                    1 space for every 4 seats
Industrial, Manufacturing, Warehousing, Distribution & Solid Waste
Junkyards & Salvageyards                                   1 space per 200 square feet of gross floor area
Landfills, demolition                                      1 space per 100 square feet of gross floor area
Landfills, sanitary and Convenience Centers                1 space for every 2 employees on the maximum shift
Manufacturing, Heavy                                       1 space per 2 employees on maximum shift except if permissible in the
                                                           commercial districts such uses may provide 1 space per 200 square feet of gross
                                                           floor area.
Manufacturing, Light                                       1 space per 400 square feet of gross floor area
Warehouses                                                 1 space per 2 employees on maximum shift but not less than 1 space per 5,000
                                                           square feet of area devoted to storage
Wholesale Trades                                           1 space per 400 square feet of gross floor area
Agriculture & Livestock
Agribusiness                                               1 space per 200 square feet of gross floor area

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                                           Currituck County Unified Development Ordinance
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Agricultural, Silvicultural, Mining, Quarrying Operations   1 space for every 2 employees on the maximum shift
Stockyards, Slaughterhouses, & Rendering                    1 space per 200 square feet of gross floor area
Other
Airports or Airstrips                                       1 space per 200 square feet of gross floor area
Crabshedding                                                1 space per non-resident employee engaged in crabshedding operation
Outdoor Storage (Non-Residential)                           1 space for every 2 employees on the maximum shift but not less than 1 space
                                                            per 5,000 square feet of area devoted to storage (whether inside or outside)
Temporary Construction and Sales Offices                    1 space per employee plus 1 space per 200 square feet of gross floor area




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                                             Currituck County Unified Development Ordinance
                                                 CHAPTER 8: PARKING & DRIVEWAYS

Section 8.5 Flexibility in Administration

A.   The board recognizes that due to the particularities of any given development, the
     inflexible application of the parking standards set forth in Section 8.4 may result in
     a development with inadequate parking space or excess parking space. The
     permit issuing authority may permit deviations from the presumptive requirements
     of Section 8.4 and may require more parking or allow less parking whenever it
     finds that such deviations are more likely to satisfy the standard set forth in Section
     8.4.

B.   The permit issuing authority may allow deviations from the parking requirements
     set forth in Section 8.4 when it finds that:

     1.   A residential development is irrevocably oriented toward the elderly; or

     2.   A business or recreational facility is primarily oriented to walk-in trade or is
          located within a planned unit development and is closed to the general public.

C.   Whenever the permit issuing authority allows or requires a deviation from Section
     8.4, it shall enter the parking requirement imposed and the reasons for allowing or
     requiring the deviation on the permit.

D.   Minor deviations to the provisions of Section 8.2 may be permitted to achieve one
     or more goals established in these regulations, provided the parking area
     substantially meets the intentions of that section. By illustration, if significant
     vegetation on a site can be preserved by having parking spaces nine feet in width,
     then the aisle width can be increased by two feet to ensure proper vehicular
     movement area.


Section 8.6 Parking Area Surfaces

A.   Parking areas shall be graded and surfaced with asphalt, concrete, crushed stone,
     gravel or other suitable material (as deemed appropriate by the public works
     director) that will provide equivalent protection against potholes, erosion, and dust.
     Places of worship shall be exempted from the surface material requirements
     except as required for handicapped spaces. Parking for uses associated with
     places of worship, such as day care centers and schools and when parking spaces
     are in joint use shall not be exempted from the surface material provisions.

B.   Parking areas paved with asphalt shall be constructed in the same manner as
     street surfaces. If concrete is used as the paving material, parking areas shall be
     similarly constructed except that six inches of concrete shall be used instead of two
     inches of asphalt. The public works director may allow other paving materials to
     be used so long as the equivalent level of stability is achieved.



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C.   When crushed stone, gravel, or other suitable material is used, the perimeter of
     such parking areas shall be defined by bricks, stones, railroad ties, or other similar
     devices. However, delineation is not required where parking areas are to be used
     exclusively by employees of the business in question and/or for deliveries and are
     not intended for use by the general public. In addition, whenever such a parking
     area abuts a paved street, the driveway leading from such street to such area (or,
     if there is no driveway, the portion of the parking area that opens onto such
     streets), shall be surfaced with asphalt or 6 inches of concrete for a distance of 15
     feet back from the edge of the paved street. This subsection shall not apply to
     single family or two family residences or other uses that are required to have only
     one or two parking spaces, or the uses within the RO2 District.

D.   Parking spaces shall be appropriately demarcated with wheel stops, painted lines,
     landscape timbers, railroad ties or other markings. Where applicable, all
     handicapped parking spaces shall be marked in accordance with state law.

E.   Parking areas shall be properly maintained in all respects. In particular, parking
     area surfaces shall be kept in good condition (free from potholes, weeds, etc.) and
     parking space lines or markings shall be kept clearly visible and distinct.


Section 8.7 Joint Use of Required Parking Spaces
One parking area may contain required spaces for several different uses, but except as
otherwise provided in this section, the required space assigned to one use may not be
credited to any other use. Developments which operate at different times may make
joint use of the same parking spaces, and the same spaces may be credited to both
uses. For example, if a parking lot is used in connection with an office building on
Monday through Friday but is generally 90 percent vacant on weekends, another
development that operates only on weekends could be credited with 90 percent of the
spaces on that lot. Or, if a church parking lot is generally occupied only to 50 percent of
capacity on days other than Sunday, another development could make use of 50
percent of the church lot's spaces on those other days.


Section 8.8 Satellite Parking

A.   If the number of off-street parking spaces required by this ordinance cannot
     reasonably be provided on the same lot where the principal use associated with
     these parking spaces is located, then spaces may be provided on adjacent or
     nearby lots in accordance with the provisions of this section. These off-site spaces
     are referred to in this section as "satellite" parking spaces. This provision shall not
     apply to single family and two family residences in the RO1 and RO2 districts.

B.   All such satellite parking spaces (except spaces intended for employee use) must
     be located within 300 feet of the public entrance of the principal building housing
     the use associated with such parking, or within 300 feet of the lot on which the use

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                   Currituck County Unified Development Ordinance
                                               CHAPTER 8: PARKING & DRIVEWAYS

     associated with such parking is located if the use is not housed within any principal
     building. Satellite parking spaces intended for employee use must be located
     within 500 feet.

C. Persons wishing to take advantage of the provisions of this section must present
   satisfactory written evidence that he has the permission of the owner or other
   person in charge of the satellite parking spaces to use such spaces. The developer
   must also sign an acknowledgment that the continuing validity of his permit depends
   upon his continuing ability to provide the requisite number of parking spaces.

D. Persons who obtain satellite parking spaces in accordance with this section shall be
   held accountable for ensuring that the satellite parking areas from which they obtain
   their spaces satisfy the design requirements of this chapter.


Section 8.9 Loading and Unloading Areas

A.   Whenever the normal operation of any development requires that goods,
     merchandise, or equipment be routinely delivered to or shipped from that
     development, a sufficient off-street loading and unloading area must be provided in
     accordance with this section to accommodate the delivery or shipment operations
     in a safe and convenient manner.

B.   The loading and unloading area must be of sufficient size to accommodate the
     numbers and types of vehicles that are likely to use this area, given the nature of
     the development in question. The minimum size of such spaces is 12 feet by 55
     feet with an overhead clearance of 14 feet from street grade. The following table
     indicates the minimum number and size of loading spaces that presumptively
     satisfy the standard set forth in this section. However, the permit issuing authority
     may require more or less loading and unloading spaces if reasonably necessary to
     satisfy the foregoing standard. Add one space to the minimum indicated for each
     additional 72,000 square feet or fraction thereof.

      Gross Leasable Area (square feet)                    Number of Spaces
                1,000-19,999                                      1
               20,000 - 79,999                                    2
              80,000 -127,999                                     3
              128,000 -191,999                                    4
              192,000 -255,999                                    5
              256,000 -319,999                                    6
              320,000 -391,999                                    7

C.   Loading and unloading areas shall be so located and designed that the vehicles
     intended to use them can maneuver safely and conveniently to and from a public
     right of way, and complete the loading and unloading operations without
     obstructing or interfering with any public right-of-way or any parking space or
     parking lot aisle.

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D.   No area allocated to loading and unloading facilities may be used to satisfy the
     area requirements for off-street parking, nor shall any portion of any off-street
     parking area be used to satisfy the area requirements for loading and unloading
     facilities.


Section 8.10 Driveways

8.10.1 General Provisions

A.   Specifications for driveway entrances shall be in accordance with all applicable
     state regulations unless otherwise provided.

B.   All driveway entrances and other openings onto streets shall be constructed so
     that:

     1.   vehicles can enter and exit from the lot in question without posing any
          substantial danger to themselves, pedestrians, or vehicles traveling in
          abutting streets; and,

     2.   Interference with the free and convenient flow of traffic in abutting or
          surrounding streets is minimized.

C.   A sight-distance triangle of 10 feet by 35 feet is required where vehicular areas
     intersect with street right-of-ways. Nothing over 24" or less than 7' in height shall
     be located within this area.

D.   Excluding residential lots within planned unit developments, driveways shall
     maintain a ten foot setback from any side and rear property line, except for
     required shared driveways, cul-de-sac lots, and camper lots where it is determined
     by the administrator that the setbacks cannot reasonably be met. Residential
     driveways shall extend ten feet into the property before establishing drive aisles
     and parking spaces. Commercial and manufacturing driveways shall extend 20
     feet into the property before establishing drive aisles and parking spaces.

8.10.2 Driveway Widths

A.    Driveways shall not be less than 10 feet in width for one-way traffic and 18 feet in
     width for two-way traffic. However, ten foot wide driveways are permissible for
     two-way traffic when:

     1.   the driveway is not longer than 75 feet;

     2.   it provides access to not more than six spaces; and,



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                                               CHAPTER 8: PARKING & DRIVEWAYS

     3.   Sufficient turning space is provided so that vehicles need not back into a
          public street;

     4.   Or, if the administrator determines that not more than ten trips per day will be
          generated to and from the vehicular area being served by that driveway and
          such vehicular area is not used by the general public.

B.   Residential driveways shall not exceed 24 feet in width measured at the front
     (street) property line. Commercial and manufacturing driveways shall not exceed
     36 feet in width measured at the front (street) property line. The maximum
     driveway width shall not apply to fire stations.




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                   Currituck County Unified Development Ordinance
                        CHAPTER 9:
                  INFRASTRUCTURE
Section                                                        Page

9.1   Street Standards ………………………………………………………………… 9-2

9.2   Utility Standards ………………………………………..………………………... 9-17

9.3   Fire Protection Standards……………………………………………..………... 9-24

9.4   Lighting Standards ………………………………………………….…………… 9-26

9.5   Garbage and Refuse Collection..………………………………………………. 9-30

9.6   Drainage Plan Requirements …………………………………………………... 9-31




                                     9-1
              Currituck County Unified Development Ordinance
CHAPTER 9: INFRASTRUCTURE

Section 9.1 Street Standards

9.1.1 Street Classification

     9.1.1.1 Criteria
     In all new developments, streets that are dedicated to public use shall be classified
     based upon:

     A.   The function of the street and projected volume of traffic to be carried by the
          street, stated in terms of the number of trips per day;

     B.   Whenever a street within a new development continues an existing street that
          formerly terminated outside the development or it is expected that a new
          street will be continued beyond the development at some future time, the
          classification of the street will be based upon the street in its entirety, both
          within and outside of the development; and,

     C.   The number of dwelling units to be served by the street may be used as an
          indicator of the number of trips but is not conclusive.

     9.1.1.2 Types
     The classification of streets shall be as follows:

     A.   Arterial: a street whose principal function is to carry large volumes of traffic at
          higher speeds through the county or from one part of the county to another.
          Specifically, the following streets shall be considered arterials: US 158, NC
          168, NC 34, NC 136, NC 615 and NC 12 (Ocean Trail).

     B.   Arterial access street: a street that is parallel to and adjacent to an arterial
          street and that is designed to provide access to abutting properties so that
          these properties are somewhat sheltered from the effects of the through traffic
          on the arterial street and so that the flow of traffic on the arterial street is not
          impeded by direct driveway access from a large number of abutting
          properties.

     C.   Collector: a street whose principle function is to carry traffic between local
          streets and arterial streets but that may also provide direct access to abutting
          properties. It generally serves or is designed to serve, directly or indirectly,
          more than one hundred (100) dwelling units and is designed to be used or is
          used to carry more than eight hundred (800) trips per day.

     D.   Cul-de-sac: a street that terminates in a vehicular turnaround.

     E.   Local: a street whose primary function is to provide access to abutting
          properties. It generally serves or is designed to serve less than 100 dwelling
          units and handles less than 800 trips per day.

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                    Currituck County Unified Development Ordinance
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     F.   Loop street: a street that has its beginning and points on the same road.

9.1.2 Coordination with Surrounding Streets

A.   The street system of a development shall be coordinated with existing, proposed
     and anticipated streets outside the development or out-side the portion of a single
     tract that is being divided into lots (hereinafter, "surrounding streets") as provided
     in this section.

B.   Arterial and collector streets shall intersect with surrounding collector or arterial
     streets at safe and convenient locations.

C.   Local streets shall connect with surrounding streets where necessary to permit the
     convenient movement of traffic between residential neighborhoods or to facilitate
     access to neighborhoods by emergency service vehicles or for other sufficient
     reasons, but connections shall not be permitted where the effect would be to
     encourage the use of such streets by substantial through-traffic.

D.   Whenever connections to anticipated or proposed surrounding streets are required
     by this section, the street right-of-way shall be extended and the street developed
     (paved) to the property line of the property being developed (or to the edge of the
     remaining undeveloped portion of a single tract) at the point where the connection
     to the anticipated or proposed street is expected. In addition, the permit issuing
     authority may require temporary turnarounds to be constructed at the end of such
     streets pending their extension when such turnarounds appear necessary to
     facilitate the flow of traffic or accommodate emergency vehicles.

E.   In any case where a proposed subdivision fronts on a street that does not meet the
     minimum requirements of this ordinance, the subdivider shall be responsible for
     upgrading the existing street to the standards within this section to allow for the
     development of the proposed subdivision, except in the RO2 District.

9.1.3 Relationship of Streets to Topography

A.   Streets shall be related appropriately to the topography. In particular, streets shall
     be designed to facilitate the drainage and storm water runoff objectives set forth in
     Section 6.9.

B.   Street grades shall conform as closely as practicable to the original topography but
     shall be governed by DOT requirements.




                                          9-3
                   Currituck County Unified Development Ordinance
CHAPTER 9: INFRASTRUCTURE

9.1.4 General Layout of Streets

A.   Cul-de-sacs and loop streets are encouraged so that through traffic on residential
     streets is minimized. Similarly, to the extent practicable, driveway access to
     collector streets shall be minimized to facilitate the free flow of traffic and avoid
     traffic hazards.

B.   All permanent dead-end streets shall be developed as cul-de-sacs in accordance
     with the standards set forth in this chapter.

C.   Half streets (i.e., streets of less than the full required right-of-way and pavement
     width) shall not be permitted except where such streets, when combined with a
     similar street (developed previously or simultaneously) on property adjacent to the
     subdivision, creates or comprises a street that meets the right-of-way and
     pavement requirements of this ordinance.

D.   Except where no other alternative is reasonably practicable or when necessary to
     avoid direct access of lots onto arterial streets, streets shall be arranged to avoid
     double frontage.

9.1.5 Access to Major Arterial and Minor Collector Streets

     9.1.5.1 Applicability
     These provisions shall apply to the following roads: Minor Arterial Streets - US 158
     and NC 168; Minor Collector Streets - SR 1222-Tulls Creek Road and Poplar
     Branch Road (SR 1131).

     9.1.5.2 Sufficient Frontage on Another Street
     Whenever a tract proposed for a non-residential subdivision, major residential
     subdivision borders on or contains an existing or proposed major arterial or minor
     collector street as listed above, then all lots created out of such tract must have
     sufficient frontage on another street (either pre-existing or created as part of the
     subdivision) so that direct access to such lot need not be provided by the arterial
     street or collector street unless compliance with this requirement cannot
     reasonably be accomplished due to the size or the shape of the tract to be divided.
     The final plat creating the subdivision shall indicate a limitation on driveway access
     to the major arterial street for those lots which have alternate access in the form of
     a five foot non-access easement.




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                                            Individual Residences



                                          Individual driveways
Parallel Access
     Road


                                         Arterial or Collector Street


                  9.1.5.3 Driveway Spacing Requirements
                  The following provisions are an attempt to protect the public interest and safety of
                  highway users by achieving access control when that objective is not achieved this
                  chapter either because a proposed development is not a subdivision or because
                  compliance with this section above cannot reasonably be accomplished. The
                  provisions of this subsection do not apply to single-family residential dwellings on
                  lots approved prior to June 17, 1996 or minor and private access residential
                  subdivisions. In addition, these provisions do not apply where there is an existing
                  curb cut along the street.

                  A.   The spacing between driveways or between driveways and intersections will
                       be required to achieve the following limitations:

                         Number of Driveways                             Frontages
                                  1                     For frontages less than 500 feet
                                  2                     For frontages between 500 fee and 1,000
                                                        feet
                                    3                   For frontages greater than 1,000 feet

                  B.   Where highway speed is 55 mph, driveway spacing should be at 300 foot
                       intervals or greater. Where highway speed is 45 mph or less, spacing should
                       be at 230 foot intervals or greater. All other driveway installation details (i.e.
                       width, curve radius, etc.) shall be in accordance with NCDOT standards.

                  C.   Adjacent or adjoining lots with small highway frontages are encouraged to
                       combine access to one driveway.

                  D.   Whenever separate or single parcels are assembled under one purpose,
                       plan, entity or usage, consolidation of existing direct access shall be required
                       to the extent feasible. Approval depends on the developer’s plans to use the
                       existing driveway(s), close other existing driveway(s) and/or redesign and
                       rebuild some existing driveway(s). However, the number of access points
                       should not exceed the limits set based on highway frontage.
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   E.   Deviations from the foregoing standards may be authorized when the permit
        issuing authority determines, upon advice of the North Carolina Department
        of Transportation, that a particular development design or technique can still
        achieve a satisfactory level of access control consistent with the objectives of
        this Section.

   9.1.5.4 Access for Lots Recorded Prior to June 17, 1996
   In order to provide incentives for shared access on adjacent lots subdivided before
   June 17, 1996 that are used for non-residential purposes, any adjoining yard
   landscaping required in Chapter 5 and adjoining yard setback required in Chapter
   2 may be waived when adjoining lots owners choose an option to share driveways
   subject to the provisions below.

   A.   The maximum number of shared driveways permitted to take advantage of
        this subsection shall be:


               Number of Driveways                            Frontages
                        1                     For frontages less than 500 feet
                        2                     For frontages between 500 fee and 1,000
                                              feet
                          3                   For frontages greater than 1,000 feet

   B.   Deviations from the foregoing standards may be authorized when the permit
        issuing authority determines, upon advice of the North Carolina Department
        of Transportation, that a particular development design or technique can still
        achieve a satisfactory level of access control consistent with the objectives of
        this Section;

   C.   A cross access easement approved by the zoning administrator shall be
        recorded in the Register of Deeds to ensure the right of access to all lots;
        and,

   D.   All fire code regulations must be met and adequate utility and drainage
        easements must be provided.




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                     Individual Residential Lots




                             Shared Driveways


9.1.6 Required Deceleration Lanes

A.   Any use capable of generating more than 60 trips per peak hour, estimated by
     using NCDOT guidelines (Institute of Traffic Engineers Trip Generation Manual),
     shall provide at least one deceleration lane per street front in accordance with
     NCDOT standards when such use is located along US 158 or NC 168. Deviations
     from the foregoing standards may be authorized when the permit issuing authority
     determines, upon advice of the North Carolina Department of Transportation, that
     a particular development design or technique can still achieve a satisfactory level
     of access control consistent with the objectives of this section.

B.   All subdivisions proposing to have over 40 lots with frontage on Tulls Creek Road
     (SR 1222) or Poplar Branch Road (SR 1131) shall be required to install left turn
     and deceleration lanes into the subdivision.
C.   All residential subdivisions proposing to have over 40 lots, and as recommended
     by NCDOT, all non-residential subdivisions that have access onto major arterials
     (US 158, NC 168, NC 34, NC 136, NC 615, and NC 12) shall be required to install
     a deceleration turn lane in accordance with NCDOT standards, except in the RO2
     District.

9.1.7 Streets to Meet NCDOT standards
All streets shall be constructed in accordance with the current Subdivision Roads
Minimum Construction Standards, established for the particular type of street in
question by the North Carolina Department of Transportation, Division of Highways
(hereinafter, "DOT standards"), unless otherwise exempted in this ordinance or a higher
or more restrictive standard is established by this ordinance. If a higher or more
restrictive standard is required, the street shall meet that higher or more restrictive
standard. The term "constructed" as used in this chapter in reference to DOT standards
refers to all standards of design and construction, including right-of-way widths. Curb

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and gutter shall not be required, but if installed shall be in accordance with NCDOT
standards.

    9.1.7.1 Unsubdivided Developments.

    A.   Within unsubdivided developments, all private roads and accessways shall be
         designed and constructed to facilitate the safe and convenient movement of
         motor vehicle and pedestrian traffic. Specific standards concerning width,
         use of curb and gutter, and paving specifications shall be determined by the
         provisions of the street standards in this chapter.

    B.   Whenever a road in an unsubdivided development connects two or more
         collector or arterial streets in such a manner that any substantial volume of
         through traffic is likely to make use of this road, such road shall be
         constructed in accordance with state standards applicable and shall be
         dedicated.

    C.   The term "unsubdivided development" shall mean all construction of
         structures upon land under common singular ownership where such
         construction does not involve the sale of individual lots or parcels of land and
         the streets and ways are intended for use by the public or occupants of the
         development (examples: shopping center and apartment project).

   9.1.7.2 Attention to Handicapped in Street and Sidewalk Construction.

    A.   As provided in G.S. 136-44.14, whenever curb and gutter construction is used on
         public streets, wheelchair ramps for the handicapped shall be provided at
         intersections and other major points of pedestrian flow. Wheelchair ramps and
         depressed curbs shall be constructed in accordance with D.O.T. standards.

    B.   In unsubdivided developments, sidewalk construction for the handicapped shall
         conform to the requirements of the North Carolina State Building Code.




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                  Currituck County Unified Development Ordinance
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9.1.8 Subdivision Streets (PB 08-49, 10/20/08)

      9.1.8.1 All subdivision streets shall meet the following standards:

                             Street Standards for Subdivisions
                   Right-   Pavement/Shoulder         Pavement/Shoulder     NCDOT        NCDOT
                    of-          Width –               Width – Collector    Design     Construction
                   Way1        Local Road                    Road          Standards    Standards
                    20’
Family                              16’/2’                     N/A            No           No
                    min.
Private             45’
                                    18’/4’2                    N/A            No           Yes
 Access             min.
Conventional
Subdivision         45’
                                    18’/6’3                   20’/8’         Yes           Yes
Up to 10 Lots       min.
& 5+ Ac Lots
Conventional
                    45’
Non-                                20’/6’3                   20’/8’         Yes           Yes
                    min.
Residential
                    45’
Conservation                        18’/6’3                   20’/8’         Yes           Yes
                    min.
                    30’          20’/N/A OR
PUD                                                            N/A            No           Yes
                    min.       1 Way - 14’/N/A
Residential         45’
                                    18’/6’2                    N/A           Yes           Yes
Airpark Dev.        min.

1. 100’ Right-of-way required for NC 12 within the RO1 zoning district
2. Non-Residential pavement width shall be 20’
3. May reduced to 4’ with NCDOT approval




                            Typical Street profile for 19 lots or Less


      9.1.8.2 Street Design Requirements
      All streets, whether intended for public dedication or private usage, shall be
      required to meet the following requirements:


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   A.   In any new subdivision, the street layout shall conform to the arrangement,
        width, and location indicated on any official adopted plans or maps for
        Currituck County. In areas for which such plans have not been completed,
        the streets shall be designed and located in proper relation to existing and
        proposed streets, to the topography, natural features such as streams and
        tree growth, to public convenience and safety, and to the proposed land use
        to be served by such streets;

   B.   All streets shall provide for the continuation or appropriate extension of
        principal streets in surrounding areas and provide reasonable means of
        ingress and egress for surrounding acreage tracts where the county deems
        appropriate;

   C.   Whenever connections to anticipated or proposed surrounding streets are
        required by this section, the street right-of-way shall be extended and the
        street developed (paved) to the property line of the property being developed
        (or to the edge of the remaining undeveloped portion of a single tract) at the
        point where the connection to the anticipated or proposed street is expected.
        In addition, the permit issuing authority may require temporary turnarounds to
        be constructed at the end of such streets pending their extension when such
        turnarounds appear necessary to facilitate the flow of traffic or accommodate
        emergency vehicles.

   D.   Except in the RO2 District, all proposed subdivision streets shall have direct
        access to an improved street that meets NCDOT design and construction
        standards or one that has been accepted for maintenance by NCDOT;

   E.   All streets within a proposed development shall be classified and developed
        according to the function of the proposed street, as defined in Section 9.1.1,
        Street Classification;

   F.   Streets shall be laid out so as to:

        1.   Intersect as nearly as possible at right angles and shall not intersect any
             other street at an angle less than 60 degrees. Not more than two streets
             shall intersect at any one point, unless the North Carolina Division of
             Highways certifies to the permit issuing authority that such an
             intersection can be constructed with no extraordinary danger to public
             safety;

        2.   Street jogs with centerline offsets of less than 400 feet shall not be
             permitted;

        3.   Intersections with an arterial street shall be at least 1,000 feet apart.
             Intersections with all other streets shall be at least 400 feet apart. All



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                           measurements shall be taken from the centerlines of each intersecting
                           street;

                    4.     Minimum sight triangles for stopping conditions when connecting new
                           local, or collector, residential streets to existing streets is 70 feet along
                           the existing right-of-way and 10 feet along the new street right-of-way;

                         Recommended Road Connection – Typical Intersection:


                                                                            **Note: 50 ft. taper shall be
                                                                              Preferred design
   Note: Additional right-of-way                                            required when the width (W) is
   may be required to                                                       less than 26 ft.
   accommodate tapers, turn lanes,
   and median islands




                         70’                                              70’
Right-of-way                           R=30’      30’ Min                                        Sight Triangle
                                                                                    10’


                                                                          R=30’


       Edge of pavement                        Existing roadway




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                                Currituck County Unified Development Ordinance
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    Poor Design – unacceptable if angle is less than 70 degrees                 Preferred design




         Poor intersection design:         Minimum design requirement:                Preferred design:

        The jog in the roadway forces     Intersections shall be separated by     By slightly curving 1 of the
        precarious turning movements       a minimum of 400 feet between             unaligned intersecting
                                                      centerlines                 streets, a dangerous jog can
                                                                                            be avoided




                                                     125 ft




   G.    Permanent dead-end streets shall be developed as cul-de-sacs. No cul-de-
         sac shall exceed 1,000 feet, nor be less than 100 feet, in length as measured
         from the closest street intersection centerline. The entrance into the cul-de-
         sac shall be flared by sufficient width to ensure proper turning radius for
         emergency vehicles upon entering and exiting the cul-de-sac. Cul-de-sacs
         shall not be used to avoid connections;

   9.1.8.3 Dedication (PB 08-49, 10/20/08)
   All streets shall be designated as being intended for dedication to NCDOT for
   maintenance or for maintenance by an established homeowners association in
   accordance with the provisions of this ordinance. A maintenance guarantee of
   fifteen percent of the construction cost is required to cover maintenance expenses
   until the streets are accepted by NCDOT. If the street is to be dedicated to a
   homeowners association, refer to Section 10.5 for maintenance requirements.

   9.1.8.4 Traffic Control Devices
   Traffic control signs, and signals if deemed necessary by NCDOT, shall be erected
   and maintained by the developer at each street intersection within the subdivision.
   In addition, traffic control signs shall be installed where subdivision streets intersect

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                     Currituck County Unified Development Ordinance
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with an improved or state maintained street. Signs shall comply with county and
the NCDOT regulations with regards to size, shape, color, location, and information
contained thereon. At least two or more traffic control signs shall be placed at
each four-way street intersection and at least one at each "T" intersection. Signs
shall be installed free of visual obstruction.

9.1.8.5 Sidewalks (PB 08-49, 10/20/08)
Within all residential subdivisions over 19 lots, the subdivider shall be required to
install concrete sidewalks along both sides of all proposed streets in accordance
with NCDOT regulations, except in the RO2 District.

9.1.8.6   Exemptions to street standards (PB 08-49, 10/20/08)

A.   Streets within private access subdivisions and planned unit developments
     (PUD) shall be exempt from NCDOT design standards in regards to allowable
     road curvature, right-of-way and pavement widths to allow flexibility in the
     subdivision design.




B.   Family subdivisions are exempt from NCDOT design and construction
     standards. The minimum access way standard shall be a compacted,
     graded, and drained roadbed with a three inch minimum gravel surface for
     access to the lots.




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9.1.9 One-way Streets
One-way streets shall only be developed in situations where the applicant can show that
public safety would not be jeopardized. In developing a one-way street the travel way
shall not be less than 14 feet excluding parallel parking bays.

9.1.10 Street Standards within the RO2 District (PB 08-41, 11/17/08)

A.   It is not the intent of Currituck County to require hard surfaced roads and streets in
     the RO2 district. Roads in RO2 district are therefore exempt from NCDOT design
     and construction standards, but shall be graded, drained and stabilized in
     accordance with the provisions of this ordinance. The design of such roadways
     shall be approved by the County Engineer or their designee.

B.   The developer shall stabilize and maintain the rights-of-way so established outside
     of the travel way of such street by establishment of vegetation or other means to
     the extent reasonably possible under the circumstances.

C.   The developer shall comply with all the rules, regulations and requirements of
     Chapter 10 of this Ordinance with regard to major subdivisions.

D.   If access to the beach requires crossing a dune line, the developer shall obtain all
     proper CAMA Permits and if legally possible, establish a graded beach access.

E.   The developer shall stabilize and maintain the rights-of-way adjoining and along
     the travel ways of the road or street by establishment of vegetation or other means
     to the extent reasonably possible.



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                   Currituck County Unified Development Ordinance
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F.   Whenever a developer wishes to subdivide a tract or parcel of land which is within
     the future alignment of Ocean Pearl, Ocean Trail, Sandfiddler, and/or Sandpiper,
     the developer shall comply with the following regulations:

     1.   Establish a right-of-way of a minimum width of 100 feet that is capable to
          connect to and follow the lines of the roads mentioned above;

     2.   All streets shall be oriented/designed to connect with existing or proposed
          streets shown on previously recorded plats to provide for a continuous right-
          of-way to adjoining properties;

     3.   No developer shall be required to maintain more than one major access street
          or road of 100 feet in width through his subdivision to adjoin with adjoining
          properties. Any streets which are not necessary for continuous access
          through the developer's property and which may have been shown on
          previously recorded plats, may be abandoned or deleted by the developer so
          long as one continuous access of 100 feet in width is maintained through his
          property to adjoin the neighboring properties to provide for continuous and
          contiguous access north and south parallel with the Atlantic Ocean.

G.   The amount of the security shall be determined by the Administrator in all
     subdivisions in the RO2 District including private access subdivisions and major
     subdivisions.

H.   In the RO2 District, the Administrator shall determine the amount of such bond in
     view of all of the surrounding conditions and circumstances.

I.   Prior to the Final Plat Approval, the developer shall demonstrate to the reasonable
     satisfaction of the Administrator that the private roads proposed in such
     development will be properly maintained. Such demonstration shall include a
     written plan that explains who will maintain the streets, how they will be stabilized
     and maintained, and how such maintenance shall be financed.

J.   When a private road is created under this section, the developer shall establish a
     homeowners association that satisfies the criteria spelled out in Section 10.6,
     convey to that association title to the right-of-way of such streets and roads, and
     obligate the homeowners association to maintain such streets.

K.   No final plat that shows lots served by roads or streets authorized under this
     section may be recorded unless the final plat contains the following notation:

     "Further subdivision of any lot shown on this plat as served by a road or street may
     be prohibited by the Currituck County Unified Development Ordinance unless the
     roads or streets shown on this plat are improved to state standards. These roads
     do not meet state standards for the assumption of maintenance due to inadequate
     right-of-way and/or construction or lack of public dedication. It is not the function of
     county government in the State of North Carolina to construct or maintain roads.
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                    Currituck County Unified Development Ordinance
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     There may be areas of standing water on the lots after ocean overwash or periods
     of heavy rains that may impede access to the individual homesites. It is the sole
     responsibility of the owners to provide an improved access to their properties."

L.   Developer shall furnish the initial purchaser of a newly created lot in the RO2
     District a disclosure statement outlining the maintenance responsibilities for the
     road as provided in GS 136-102.6(f) and as set forth in this section. Said
     disclosure statement shall fully and completely disclose the status (whether public
     or private) of the street upon which the house or lot fronts. If the street is
     designated by the developer and seller as a private street, the developer and seller
     shall include in the disclosure statement an explanation of the consequences and
     responsibility as to maintenance of a private street, and shall fully and accurately
     disclose the party or parties upon whom responsibility for construction and
     maintenance of such street or streets shall rest, and shall further disclose that the
     street or streets will not be constructed to minimum standards, sufficient to allow
     their inclusion on the State highway system for maintenance.

M.   In order to minimize the flooding of streets and to assure proper drainage within
     the RO2 zoning district, all subdivision plats, including private access subdivisions
     shall submit a drainage plan prior to final plat approval.

N.   The developer shall comply with the following regulations for creation of a private
     access subdivision in the RO2 District in addition to the other requirements of
     private access subdivisions in other districts:

     1.   When possible, a 45 foot right-of-way shall be given, but in no event shall the
          access be less than 20 feet in width; and,

     2.   The right-of-way serving the lots must have a graded and drained surface and
          stabilized shoulder area.

O.   No single right-of-way may serve more than five lots, including any residual
     parcels, if any, regardless of size and require plat approval by the administrator.

P.   All proposed Vehicle Right-of-Ways east of Sandfiddler Road within the RO-2
     district shall meet a minimum 30 foot width.


9.1.11 Bridges
All bridges shall be constructed in accordance with the standards and specifications of
the North Carolina Department of Transportation, except that bridges on roads not
intended for public dedication may be approved if designed by a N.C. licensed architect
or engineer.




                                         9-16
                   Currituck County Unified Development Ordinance
                                                           CHAPTER 9: INFRASTRUCTURE

9.1.12 Street Names

A.   Street names shall be assigned by the developer subject to the approval of the GIS
     Coordinator. Proposed streets that are obviously in alignment with existing streets
     shall be given the same name. Newly created streets shall be given names that
     neither duplicate nor are phonetically similar to existing streets within the county,
     regardless of the use of different suffixes.

B.   Street names shall include a suffix such as the following:

     1.   circle: a short street that returns to itself;

     2.   court or place: a cul-de-sac or dead-end street;

     3.   loop: a street that begins at the intersection with one street and circles back to
          end at another intersection with the same street; and,

     4.   Street or road: all public streets not designated by another suffix.

C.   Appropriate street name signs that meet county specifications shall be placed at all
     intersections by and at the expense of the developer.

D.   Building numbers shall be assigned by the county where appropriate.

E.   The developer shall be responsible for purchasing and installing all appropriate
     street name signs that meet county specifications at all intersections. The county
     shall assign building numbers where appropriate.


Section 9.2 Utility Standards

9.2.1 Utility Easements

A.   Each subdivision must provide utility and drainage easements along the proposed
     lot lines. For the rear and side lot lines an easement of ten feet in width shall be
     required. Along the front lot line a fifteen 15 foot wide easement shall be required.
     Where a development concept is approved which requires zero lot line
     development, alternative easement locations may be considered.

B.   In any case in which a developer installs or causes the installation of water, sewer,
     electrical power, telephone, or cable television facilities and intends that such
     facilities shall be owned, operated or maintained by a public utility or any entity
     other than the developer, the developer shall transfer to such utility or entity the
     necessary ownership or easement rights to enable the utility or entity to operate
     and maintain such facilities.



                                          9-17
                    Currituck County Unified Development Ordinance
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9.2.2 Underground Utilities

A.   Whenever a development is hereafter constructed on a lot, parcel or tract that is
     undeveloped on the effective date of this ordinance, then all electric power,
     telephone, gas distribution, and cable television lines installed to serve the
     development that are located on the development site outside of a previously
     existing public street right-of-way shall be placed underground in accordance with
     the specifications and policies of the respective utility companies.

B.   No electric power, telephone, cable television, or other utility lines may be installed
     over the waters of the Currituck Sound, areas of environmental concern or
     wetlands and no utility poles may be erected within the waters of Currituck Sound
     areas of environmental concern or wetlands.

C.   The provisions of this section shall not operate to require the underground
     installation of any lateral service line in excess of 200 feet to serve a single-family
     residence.

9.2.3 As-built Drawings Required
Whenever a developer installs or causes to be installed any utility line in any public
right-of-way, the developer shall, as soon as practicable after installation is complete,
and before acceptance of any water or sewer line, furnish the county with a copy of a
drawing that shows the exact location of such utility lines (this should be accomplished
during final plat review). Such drawings must be verified as accurate by the utility
service provider. Compliance with this requirement shall be a condition of the continued
validity of the permit authorizing such development. Further, as-built drawings are
required for all water and /or sewer treatment plants and any changes that may be
made to such systems in the future.

9.2.4 Utilities to be Consistent with Internal and External Development

A.   Whenever it can reasonably be anticipated that utility facilities constructed in one
     development will be extended to serve other adjacent or nearby developments,
     such utility facilities (e.g., water or sewer lines) shall be located and constructed so
     that extensions can be made conveniently and without undue burden or expense
     or unnecessary duplication of service.

B.   All utility facilities shall be constructed in such a manner as to minimize
     interference with pedestrian or vehicular traffic and to facilitate maintenance
     without undue damage to improvements or facilities located within the
     development.

9.2.5 Reserved

9.2.6 Water Supply Standards



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                                                    CHAPTER 9: INFRASTRUCTURE

9.2.6.1 Water Supply System Required (PB 08-12, 4/7/08, PB 08-49, 10/20/08)

A.   Every principal use and every lot within a subdivision, excluding a family
     subdivision, shall be served by a means of water supply that is adequate to
     accommodate the reasonable needs of such use or subdivision lot and that
     complies with all applicable health regulations.

B.   The permit issuing authority may, before issuing any permit under this
     ordinance, make such investigation and require the developer to submit such
     information as appears reasonably necessary to ensure that the developer or
     his successor will be able to comply with this section.

C.   All developable lots within planned unit developments shall be connected and
     serviced by a central water system.

D.   Whenever it is legally possible and practicable in terms of topography to
     connect to a county water line (other than a line owned by the Ocean Sands
     Water and Sewer District) by running a connecting line not more than the
     distance set forth below, then the subdivider shall install water lines in the
     subdivision, excluding a family subdivision, so that all lots to be developed will
     be able to connect to the county water system. The developer shall provide
     all the necessary pipes and accessories for installation of the water lines as
     set forth herein and all materials and pipes so provided must meet or exceed
     the requirements established for the county water system. Individual lots
     within a subdivision given initial sketch plan approval after March 4, 1996
     shall be required to connect to the county water system. (PB 08-12, 4/7/08)

9.2.6.2 Water System Requirements (PB 08-12, 4/7/08)

 A. All lots within a subdivision submitted after April 16, 1990, excluding a family
    subdivision and the areas of Fruitville Township and Moyock – Gibbs Woods
    Township, shall connect to a centralized water system by running a water
    main in accordance with the standards set forth below. The subdivider shall
    install water mains in the subdivision such that all lots to be developed will be
    able to connect to the centralized water system. Water mains shall be
    installed in road right-of-ways or dedicated water easements.

 B. If the proposed development is for residential purposes, excluding family
    subdivisions, then the distance which the connection must be made shall be
    as follows: 100 feet per unit for the first ten residential units plus an additional
    20 feet for each additional unit. For example, a proposed subdivision with 30
    residential lots would have to be located over 1,400 feet from an existing
    water main to qualify for this exemption (10 units x 100) + (20 units x 20). In
    multi-family developments, each individual dwelling unit shall be counted as
    one residential unit.



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     C. If the tract in question is proposed to be developed for non-residential
        purposes, then the distance within which connection must be made shall be
        determined by projected water demand and then equated to an equivalent
        number of average residential units using the formula outlined above.

     D. In determining units in a proposed development, the potential of the total
        number of units is determined by calculating the maximum number of units
        allowable for each proposed lot.

     E. In determining the number of dwelling units proposed in a phased
        development, the number of residential units for water services relates to the
        total number of proposed residential units for the entire tract rather than a
        single phase of the proposed project.

     F. The subdivider shall be required to submit detail drawings with the
        preliminary plat showing the installation of the required water main. Such
        drawings shall be prepared and stamped by a certified and licensed engineer.

   9.2.6.3 County Long Range Water Extension Plan (PB 08-12, 4/7/08)
   If a public water supply system is to be provided to the area within a five-year
   period as indicated in the county’s long range water extension plan, official map, or
   other official document, the county may require installation of a capped system, or
   dry lines (mains only), within the road right-of-way; or the county may require a
   payment in lieu of the improvement. This provision shall apply to all subdivisions,
   excluding family subdivisions, submitted after March 4, 1996 when the subdivision
   is within a distance of proposed water lines as follow: 100 feet per unit for the first
   ten units plus 20 feet for each unit in excess of 10 units.

   9.2.6.4 Fees (PB 08-49, 10/20/08)
   All connection fees shall be paid for each residential lot that is required to be
   connected to the county water system prior to final plat approval. All connection
   fees shall be paid for each commercial lot required to be connected to the county
   water system at the time of issuance of the building permit authorizing construction
   to begin.

   9.2.6.5 Exceptions (PB 08-12, 4/7/08)

   A.     Individual lots within a subdivision having been given a minimum of sketch
          plan approval prior to March 4, 1996 which remains valid, shall not be
          required to connect to the county water system.

   B.     Excluding family subdivisions, in cases where there is no centralized water
          system within a given area, or the distance from a proposed subdivision to
          an existing water main exceeds the formula above, the subdivider shall be
          exempted from connecting to the centralized water system but shall submit
          payment for the water improvements as determined by the Water

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          Department (including fire hydrants, laterals, service lines, meter boxes, and
          yokes) at a rate of cost + 20% to be installed at a later date. The county
          shall place the payment amount within an escrow account and use it for
          installing water mains in the subdivision when connection to the centralized
          water system becomes available. Connection of individual lots to the future
          water main within an existing subdivision shall be the responsibility of the lot
          owner.

    C.    Connection to a centralized water system is not required in the areas of
          Fruitville Township and Moyock – Gibbs Woods Township.

9.2.7 Sewage Disposal Standards

    9.2.7.1 Sewage System Required (PB 08-49, 10/20/08)

    A.   Every principal use and every lot within a subdivision intended to be
         developed shall be served by a sewage disposal system that is adequate to
         accommodate the reasonable needs of such use or subdivision lot and that
         complies with all applicable health regulations established by Albemarle
         Regional Health Services and the state.

    B.   No lots requiring over 24 inches of fill to attain required separation for on-site
         septic system shall be developed or used for building purposes.

    C.   All developable lots within planned unit developments shall be connected and
         serviced by a package tertiary treatment plant.

    D.   The applicant shall provide assurances/commitments from service providers
         that water and sewer will be available to serve the proposed development.
         These commitments are required at the time of Amended Sketch Plan,
         Preliminary Plat and Final Plat application.

    9.2.7.2 Sewage System Requirements

    A.   Every principal use and every lot within a subdivision intended to be
         developed shall be served by a sewage disposal system that is adequate to
         accommodate the reasonable needs of such use or subdivision lot and that
         complies with all applicable health regulations.

    B.   No sewage treatment system that discharges into surface waters shall be
         allowed.

    C.   Whenever any major subdivision in any residential zoning district proposes to
         provide sewer disposal facilities by using septic tanks or other ground
         absorption systems subject to the regulatory jurisdiction of the Albemarle
         Regional Health Services (A.R.H.S), no special use permit may be issued (i.e.
         Preliminary Plat approval may not be granted) until A.R.H.S. has certified that
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                  Currituck County Unified Development Ordinance
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        each lot shown on the preliminary plat has been inspected and found suitable
        for a septic tanks or other ground absorption system capable of serving at
        least a three bedroom house.

   D.   Final plat approval for any major subdivision that proposes to provide sewer
        disposal facilities by using septic tanks or other ground absorption systems
        under the A.R.H.S. regulatory jurisdiction may not be granted until the
        A.R.H.S has certified that each lot shown on such final plat has been
        inspected and found suitable for a waste treatment system capable of serving
        the intended or likely use of such lot. A.R.H.S. certification under Subsection
        C shall suffice to comply with this subsection so long as there has been no
        substantial change between the preliminary and final plats of the subdivision
        in question.

   E.   Whenever a development proposes to provide sewer disposal facilities with a
        sewage treatment system not subject to the regulatory jurisdiction of the
        Albemarle Regional Health Services, any development permit issued under
        this ordinance shall be regarded as issued contingent upon the developer (I)
        obtaining necessary approvals for such sewage treatment system from the
        appropriate regulatory agencies, and (ii) properly installing such system to
        serve the development. All permits shall be obtained prior to preliminary plat
        approval. No final plat approval shall be issued until all utilities including
        water and sewer treatment systems are operational to the satisfaction of the
        county.

   F.   Where sand lined trench waste water treatment systems are used to provide
        sewer disposal facilities installation of the system shall not be required until
        such time as a building permit is requested and a building is constructed.

   G.   Every residential development containing more than 20 lots or dwelling units
        served by septic tanks shall reserve an area, in addition to the open space
        area required herein, suitable in terms of size, location, soil type, topography,
        and other relevant factors to accommodate a community sewage treatment
        facility if one becomes necessary in the future due to septic tank failure or
        other reasons. This area is referred to as reserve utility open space. It shall
        be the burden of the developer to provide plans and specifications to provide
        adequate reserve utility open space to the satisfaction of the county engineer
        and Board of Commissioners.

   H.   All required septic system improvements and requirements including, but not
        limited to the septic tank, drain lines, repair area and pumps shall be located
        on the individual lot they are designed to serve.




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     9.2.7.3    Sewage Treatment System

      A.   For each subdivision proposed to be serviced by an existing treatment plant,
           a permit letter shall be provided from the Division of Water Quality stating that
           the plant has the capacity to serve the number of units to be located in the
           development.

      B.   Whenever a development proposes to comply with this section using a new
           package treatment plant or centralized sewer system, any development
           permit issued under this ordinance shall be required to provide the following
           for the preliminary plat:

           1.    A detailed explanation of who shall be responsible for the perpetual
                 maintenance and upkeep of the facility;
           2.    State approval of the proposed system;
           3.    The expected life of the facility and the establishment of a reserve fund
                 to support the continued maintenance, upkeep and replacement of the
                 facility.

      C.   The system shall be regarded as issued contingent upon the developer (i)
           obtaining necessary approvals for such sewage treatment system from the
           appropriate regulatory agencies, and (ii) properly installing such system to
           serve the development. All permits shall be obtained prior to preliminary plat
           approval. No final plat approval shall be issued until all utilities including
           water and sewer treatment systems are operational to the satisfaction of the
           county. Where sand lined trench waste water treatment systems are used to
           satisfy this section in minor private access and family subdivisions, installation
           of the system shall not be required until such time as a building permit is
           requested and a building is constructed.

9.2.8 Water/Sewer Districts Required
Whenever a private water and/or sewer treatment system is utilized to service a
development, a water and/or sewer district shall be established in accordance with state
law encompassing the boundaries of the development. The district shall be established
prior to the first final plat approval and shall be structured in a manner that will ensure
the long term viability of the water and /or sewer treatment system.

9.2.9 Backwash or Discharge into Water Bodies

A.    No discharge of any nature (except discharges approved under a state stormwater
      permit or as provided in Subsection B below) what so ever of water, chemicals,
      treated water, backwash from reverse osmosis systems, or other discharge shall
      be deposited directly or indirectly into the waters of Currituck Sound, Albemarle
      Sound, or their adjoining tributaries, rivers, streams, creeks, canals or other
      connecting water ways. This prohibition shall not apply to reverse osmosis system
      discharges into the North River performed by any unit of government (federal,

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                     Currituck County Unified Development Ordinance
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     state, county) which has all the necessary federal, state, and local permits for such
     discharges and having undertaken the necessary studies including but not limited
     to an “Environmental Assessment (EA); a “Draft Environmental Impact Statement”
     (DEIS) and/or “A Finding of No Significant Impact: (FONSI)”). A developer
     intending to use reverse osmosis or other water purification system shall comply in
     all respects to state requirements for the operation and maintenance of such
     systems but in no event shall such water system discharge any substance or water
     what so ever in to the waters of Currituck or Albemarle Sounds or adjacent waters.

B.   Pumping of stormwater into water bodies may be allowed in emergency situations
     (i.e. flooding of roads, septic systems, wells, dwellings) where public safety is
     threatened, or significant property damage is imminent. This provision does not
     allow for repeated pumping from an area or areas that flood on a frequent basis.
     Areas such as these will be required to install a state and/or county approved
     stormwater drainage system. All requests for emergency pumping shall be
     directed to Currituck Soil and Water Conservation. Members of the Currituck
     County Technical Staff (N. C. Div. of Coastal Management, N. C. Div. of Water
     Quality, NCDOT, Albemarle Regional Health Services and Currituck Soil & Water
     Conservation) shall review such request, and when deemed appropriate, give
     approval for the location, method and duration of pumping. This approval process
     is intended for emergency situations only and does not necessarily remove
     responsibility to comply with existing laws and regulations of the federal, state or
     local government. It shall be the sole responsibility of the applicant to pay for all
     costs associated with the pumping of the stormwater.


Section 9.3 Fire Protection Standards

9.3.1 General Provisions

A.   Every subdivision, excluding a family subdivision, that is served by a county owned
     water system or central water system shall include a system of fire hydrants
     sufficient to provide adequate fire protection for the buildings located or intended to
     be located within such development. Fire hydrants must be located such that
     every proposed lot is within 500 feet of a hydrant. However, the permit issuing
     authority may authorize or require a deviation from this standard if another
     arrangement more satisfactorily complies with the standard set forth in this
     ordinance. (PB 08-12, 4/7/08)

B.   For each structure, fire hydrants must be located according to the N.C. State
     Building Code.

C.   The permit issuing authority, after consultation with local fire officials, shall
     determine the precise location of all fire hydrants. Preferably, fire hydrants shall be
     placed six feet behind the curb line of publicly dedicated streets that have curb and
     gutter and must be placed within ten feet of a public or private road or street.


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D.   The permit issuing authority shall, after consultation with local fire officials,
     determine the design standards of all hydrants based on fire flow needs. Unless
     otherwise specified, all hydrants shall have two 2 1/2 inch hose connections and
     one 4 1/2 inch hose connection. The 2 1/2 inch hose connections shall be located
     at least 21 1/2 inches from the ground level. All hydrant threads shall be national
     standard threads.

E.   Water lines that serve hydrants shall be at least six inch lines, and, unless no other
     practicable alternative is available, no such lines shall be dead-end lines.

9.3.2 Water Supply for Fire Protection when not Served by Public Water Supply
System
Every residential development containing 20 or more lots and every non-residential
subdivision containing 10 or more lots shall provide a supply of water that is sufficient to
provide adequate fire fighting capability with respect to every building that is reasonably
expected to be constructed within such development.

A.   The administrator shall determine the types, sizes, dimensions, and spatial
     relationships of buildings anticipated within the development by using the best
     information available, including, without limitation, market experience, the
     developer’s plans, and the list of permissible uses and other requirements set
     forth in this ordinance;

B.   The developer may provide the required water supply by resort to ponds, wells,
     cisterns, above ground storage tanks, water lines (where a community water
     supply system is installed), any combination of the foregoing, or any other means
     so long as such facilities satisfy the requirements of this section;

C.   The water supply facilities may be located on or off the site of the development.
     However, off-site facilities shall be acceptable only if the developer has a sufficient
     legal interest in such facilities to ensure that such facilities will be available to serve
     the development until a centralized water system is available;

D.   The water supply facilities must be of such size and so located that within 2,500
     feet of every anticipated building in such development, a sufficient volume of water
     must be available at all times of the year to supply the water flow needed to
     suppress a fire on each building for a period of two hours at a rate of 500 gallons
     per minute;

E.   In determining needed water flow for anticipated buildings, the Administrator shall
     be guided by the standards promulgated by the Insurance Service Office, which
     standards shall be available in the office of the administrator. However, the
     administrator may modify these standards warranted upon the advice of the chief
     of the applicable volunteer fire department to the end that the basic objective of
     this section set forth above might most reasonably be satisfied;



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F.   Water supply sources shall be so located so that fire fighting vehicles will have
     ready access to such sources at all times. A hard surfaced roadway shall be
     provided to the water source as well as a hard surfaced, turnaround area of
     sufficient dimensions to facilitate access by fire fighting vehicles to and from the
     water source;

G.   Water supply sources shall be provided with the necessary equipment and
     connections (e.g., dry hydrants in ponds) to ensure that fire fighting equipment can
     draw water from such sources in the most efficient manner reasonably possible as
     determined by the fire marshal; and,

H.   The developer or his successor shall be responsible for ensuring that all water
     supply sources, access roadways, and other facilities or equipment required under
     this subsection are maintained.



Section 9.4 Lighting Standards

9.4.1 General Provisions

A.   Private roads, public roads dedicated to the North Carolina Department of
     Transportation, sidewalks, and other common areas or facilities in developments
     may be illuminated to ensure the security of property and the safety of persons
     using such roads, sidewalks, and other common areas or facilities. Illumination
     shall be in accordance with a plan designed by the utility company.

B.   In all residential subdivisions over 40 lots the subdivider shall install street lighting
     at every major entrance.

C.   All street lights shall be full cut-off fixtures of 3,300 lumen sodium vapor mounted
     on non-corrosive poles with underground wiring.

D.   The design of the street light units shall be selected with the requirement that the
     design shall be standard throughout the subdivision and be of compatible design
     with surrounding street lights.

E.   All entrances and exit areas in buildings used for non residential purposes and in
     two-family or multi-family residential developments containing more than four
     dwelling units shall be adequately lighted to ensure the safety of persons and the
     security of the buildings.

F.   Illumination requirements must be met prior to final plat approval or prior to the
     issuance of an occupancy permit where final plat approval is not required by this
     ordinance.



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                                                            CHAPTER 9: INFRASTRUCTURE

9.4.2 Prohibited Lighting
The following lighting is prohibited:

A.   Lighting within any lot that unnecessarily illuminates any other lot and substantially
     interferes with the use or enjoyment of such other lot.

B.   Light fixtures that imitate an official highway or traffic control light or sign.

C.   Light fixtures in the direct line of vision with any traffic control light or sign.

D.   Light fixtures that have a flashing or intermittent pattern of illumination, except for
     time and temperature displays.

E.   Privately owned light fixtures located in the public right-of-way.

F.   Light fixtures that are a source of glare by their design, orientation or intensity.

G.   Searchlights are prohibited except when used by federal, state or local authority.

9.4.3 Lighting Requirements for Non-residential Structures Greater than 20,000
Square Feet, Excluding Outer Banks Overlay in Poplar Branch Township

     9.4.3.1 Purpose

     A.   The intent of these regulations is to allow installation of exterior lighting that
          provides adequate illumination for the performance of necessary tasks in the
          illuminated areas while reducing a dangerous or disabling glare, avoiding the
          illumination of adjacent or nearby properties, streets and roadways, and
          avoiding the illumination of the night sky. It is also the intent of these
          regulations to require the conservation of energy and to preclude a utility
          emergency.

     B.   The lighting regulations will only apply to buildings that are greater than
          20,000 square feet of heated space.

     9.4.3.2 Compliance

     A.   All new lighting fixtures installed after the effective date of this ordinance for
          nonresidential structures greater than 20,000 square feet shall be in
          compliance with the requirements of this ordinance. Any lighting in existence
          before the effective date of this ordinance that does not comply with the
          requirements of this ordinance shall be considered legally nonconforming and
          may remain.        All nonconforming lighting shall be governed by the
          requirements of this chapter and not Chapter 16 Nonconformities.

     B.   All Nonresidential structures in the Outer Banks Overlay District in Poplar
          Branch Township shall be regulated under Section 4.7.5.
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                     Currituck County Unified Development Ordinance
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   C.   When poles and support structures are removed and replaced they must be
        replaced with poles, support structures and luminaries that comply with the
        requirements of this chapter.

   D.   When luminaries are replaced, they must be replaced with luminaries that
        comply with all provisions of this chapter.

   E.   All additions to parking areas shall comply with the requirements of this
        article.

   F.   When a building addition, after the effective date of this ordinance, to a
        nonresidential structure creates a structure that exceeds 20,000 square feet
        in heated floor area, it shall comply with this lighting ordinance.

   G.   Whenever the permit issuing authority allows or requires a deviation from the
        presumptive lighting requirements set forth in this ordinance, such deviation
        shall be allowed solely for health, safety and crime prevention. The deviation
        shall be in accordance with the light levels, fixture style and placement
        governed by the Illumination Engineering Society of North America (IESNA)
        Lighting Handbook 2000 Edition. Certification from a North Carolina Licensed
        Engineer shall be required for any deviation from this ordinance.

   9.4.3.3 Design Standards

   A.   Exterior lighting for nonresidential structures greater than 20,000 square feet
        of heated floor area, excluding security lighting, shall be reduced by a
        minimum of 50 percent after operating hours to decrease unneeded lighting.

   B.   When practicable, all lighting installations will include timers, dimmers and
        sensors to reduce overall energy consumption.

   C.   Parking area lighting shall be designed to provide minimum lighting necessary
        to ensure adequate vision and safety. Such lighting shall not cause disabling
        glare or direct illumination onto adjacent properties.

   D.   The maximum height for exterior light fixtures shall be 25 feet above natural
        grade; but, shall not exceed the building height if the nonresidential structure
        is less than 25 feet.

   9.4.3.4 Measurements

   A.   Lighting levels shall be measured in foot-candles.

   B.   All lighting fixtures, excluding street lighting, shall be designed, installed and
        maintained to prevent light trespass. The maximum illumination at the
        property line shall not exceed three foot-candles measured at ground level by
        a measuring device.

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                 Currituck County Unified Development Ordinance
                                                    CHAPTER 9: INFRASTRUCTURE

C.   The maximum permitted foot-candle shall not exceed 25 at any location.

D.   Measurements of newly installed light fixtures shall account for a light loss
     factor of 0.75 figured into the calculation. For example, a newly installed
     fixture that has a meter reading of one initial foot-candle and a light loss factor
     of 0.75 would calculate to 0.75 maintained foot-candle.

9.4.3.5 Interior Lighting
Where interior lighting shining through glass areas is excessive and it illuminates
the exterior areas adjacent to the structure, then exterior lighting regulations shall
apply when such interior lighting is considered to create an annoying, dangerous or
disabling glare.

9.4.3.6 Exemptions (PB 09-07, 3/2/09)

A.   Holiday lighting during the months of November, December and January shall
     be exempt from the lighting requirements of this article provided the lighting
     does not create disabling glare onto adjacent rights-of-way.

B.   Property in the Outer Banks Overlay District in the Poplar Branch Township
     are exempt.

C.   Exterior lighting for public outdoor recreational facilities are exempt from the
     requirements of this section provided the lighting does not create disabling
     glare onto adjacent rights-of-way or directly illuminate adjacent properties.

9.4.3.7 Lighting Plan

A.   Applicants regulated by this ordinance shall submit a lighting plan produced
     by the lighting manufacturer, registered architect or engineer as part of the
     site plan review process. The lighting plan shall include:

     1.   a site plan drawn to a scale of not more than one inch equaling 50 feet
          indicating areas to be illuminated, including but not limited to, building(s),
          sign(s), vehicular accommodation areas and the locations of all
          proposed exterior light fixtures;

     2.   drawings of proposed building elevations showing the building height
          and location and type of light fixtures;

     3.   proposed mounting height of all exterior light fixtures;

     4.   specifications and descriptions for all proposed exterior light fixtures;

     5.   locations and descriptions of all proposed exterior light fixtures and
          hours of operation; and,


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          6.   Analysis and luminance level plans in the form of an iso foot candle or
               point-by-point grid diagram drawn to scale. The submitted grid plan shall
               plot lighting levels at ten-foot intervals or less. The iso foot candle
               diagram shall plot foot candles in increments of one-half (0.5) foot-
               candle or less.

     B.   The installation of the lighting and footcandle readings at the property line
          shall be certified by a registered architect or engineer before a certificate of
          occupancy is issued for the structure.


Section 9.5 Garbage and Refuse Collection

A.   All nonresidential development shall be required to provide one or more dumpsters
     for solid waste collection that are:

     1.   Located so as to facilitate collection and minimize any negative impact on
          persons occupying the development site, neighboring properties, or public
          rights-of-way;

     2.   Constructed according to specifications established by the public works
          director to allow for collection without damage to the development site or the
          collection vehicle; and,

     3.   The size and location of the site shall be approved by the public works
          director prior to preliminary plat approval and/ or site plan approval.

B.   All such dumpsters shall be screened if and to the extent that, in the absence of
     screening, they would be clearly visible to:

     1.   Persons located within any dwelling unit on residential property other than
          that where the dumpster is located;

     2.   Occupants, customers, or other invitees located within any building on non-
          residential property other than that where the dumpster is located, unless
          such other property is used primarily for purposes permitted exclusively in an
          LM or HM Zoning District; and,

     3.   Persons traveling on any public street, sidewalk, or other public way.

C.   When dumpster screening is required under this section, such screening shall be
     constructed, installed, and located to prevent or remedy the conditions requiring
     the screening.

D.   Each applicant for a permit shall provide a plan for the disposal of solid waste and
     such plan must be approved by the public works director or his assign.

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Section 9.6 Drainage Plan Requirements

Drainage plans and associated narratives shall be submitted for all major subdivisions
and commercial site plans. The plans shall be reviewed and inspected by county
technical staff members. The drainage plans shall show, at a minimum, the following
information:

A.   Elevation survey of entire tract with topographic lines shown at one foot intervals.

B.   The following culvert information shall be provided: (1) a design elevation for all
     culverts to be installed by the developer; (2) a design profile for all ditches showing
     bottom elevations. These profiles are to be used for controlling any future culvert
     installations, i.e. driveway culverts, by the landowner.

C.   Direction of stormwater runoff.

D.   Two storm flow analysis are required: (1) an upstream flow analysis to prevent
     upstream flow restrictions by the development; (2) a downstream flow analysis to
     determine drainage capacity to the outlet (creek, stream, river, canal). No direct
     discharge shall be permitted into sound waters.

E.   A flood prevention and stormwater analysis showing: (1) the predicted water
     surface elevation for a ten year storm event throughout the subdivision using the
     maximum downstream drainage capacity as a reference; (2) building pad
     elevations required to prevent flooding from the ten year event; (3) water storage
     areas (swales, ditches, canals, wetlands) throughout the subdivision where water
     may pond at a predicted water surface elevation for the ten year storm event.

F.   For all major subdivisions, minimum finished floor elevations for all houses shall be
     shown on the preliminary and final plat and shall be a minimum 18 inches above
     the predicted 10 year storm water elevations or above the 100 year base flood
     elevation, whichever is greater. For properties located within floodplains, the
     lowest floor shall be elevated above the base flood elevation. Refer to Article 16
     for further restrictions.

G.   Property line swales shall be required along all side property lines. Roadside and
     side lot line swales that do not convey major stormwater through the subdivision
     shall have a minimum 3:1 slope. Swales that convey major stormwater drainage
     shall be a minimum of 6:1 side slopes. Adequate drainage easements shall be
     shown and centered over the swales.

H.   Maintenance access drainage easements shall be required for all waterway
     conveyance systems (i.e., ditches, canals, streams, creeks, and major waterways).
     Said easements shall include the width of the waterway and extend from top of
     embankment to top of embankment. In addition, for all ditches, a minimum 25 foot
     wide maintenance area is required, extending from top of embankment. Canals,

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     streams, creeks, and similar major waterways will require a minimum 50 foot wide
     easement from top of embankment. When a property is traversed by a major
     waterway, a 50 foot easement shall be required on both sides of the waterway,
     extending from top of embankment.

I.   No fences or structures shall be placed within drainage easements.

J.   Prior to the issuance of a certificate of compliance, all newly installed driveway
     culverts and the ditch section fronting the property shall be certified by a licensed
     surveyor or civil engineer as being installed in accordance with approved drainage
     plan. If there is no approved drainage plan, the culvert shall be certified as being
     on grade with the existing roadside ditch as verified by upstream and downstream
     culvert inverts.

K.   Stormwater ponds, either wet or dry, shall not be located within ten foot of any
     property line, except as approved by the county engineer.




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                   Currituck County Unified Development Ordinance
                 CHAPTER 10:
           SUBDIVISION REQUIREMENTS
                               (Amended 11/03/08)


Section                                                                  Page

10.1   Purpose and Applicability.………...………..……………………...…………… 10-2

10.2   Minor Subdivisions…….…….……………………………………………………10-3

10.3   Major Subdivisions……. ……………………………………………………........10-5

10.4   Open Space Standards………………………………………………………….. 10-18

10.5   Surety Guarantee and Homeowners Associations for Subdivisions……….. 10-26




                                      10-1

                  Currituck County Unified Development Ordinance
CHAPTER 10: SUBDIVISION REQUIREMENTS

Section 10.1 Purpose and Applicability

10.1.1 Purpose
The purpose of this chapter is to establish an orderly process to subdivide land within
Currituck County. It is also the intent of this chapter to provide a clear and
comprehensible subdivision process that is fair and equitable to all interests including
the petitioners, affected neighbors, county staff, related agencies, the Planning Board,
and the Board of Commissioners.

10.1.2 Applicability

A.   As provided in North Carolina General Statutes no person may subdivide their land
     except in accordance with all of the provisions of this ordinance. In particular, no
     person may subdivide land until a final plat of the subdivision has been approved in
     accordance with the provisions of this ordinance and recorded in the Currituck
     County Register of Deeds. As provided in North Carolina General Statutes the
     Currituck County Review Officer shall not certify a plat of any subdivision within the
     county’s subdivision jurisdiction unless the plat has been approved in accordance
     with the provisions of this ordinance.

B.   A ‘subdivision’ is the division of a tract or parcel of land into two or more lots,
     building sites or other divisions for the purpose, whether immediate or in the future,
     of sale or building development and shall include all divisions of land involving the
     dedication of a new street or a change in existing streets. The following types of
     subdivisions shall not be subject to the review process established within this
     ordinance; however, any map or plat to be recorded pursuant to any such
     exclusion shall bear the notation “no approval required” and the signature of the
     subdivision administrator or his designee prior to being presented for certification
     by the review officer:

     1.   The combination or recombination of portions of previously platted lots where
          the total number of lots is not increased and the resultant lots are equal to or
          exceed the standards of the county as shown by the regulations prescribed
          by this ordinance;

     2.   The division of land into parcels greater than ten acres where no street right-
          of-way dedication is involved. Each resultant parcel must be greater than ten
          acres;

     3.   The public acquisition by purchase of strips of land for the widening or
          opening of streets; or,

     4.   The division of a tract in single ownership whose entire area is no greater
          than two acres into not more than three lots, where no street right-of-way
          dedication is involved and where the resultant lots are equal to or exceed the
          standards of the county, as shown by the subdivision regulations contained in
          this ordinance.

                                         10-2

                       Currituck County Unified Development Ordinance
                                          CHAPTER 10: SUBDIVISION REQUIREMENTS

     Any proposed subdivision falling under these exemptions shall still be required to
     meet all applicable requirements for the granting of zoning and building permits as
     established within this section, and all other relevant chapters of this ordinance.

10.1.3 Division Transfer to Government Entity (PB 09-08, 3/2/09)

The division of a tract or parcel transferred to the county, state, or federal government
shall not be subject to the requirements and review processes provided in this
ordinance. The transferred tract or parcel shall be for the conservation of natural
resources, utilities, or other public purposes, and upon establishment of a use must
comply with the provisions of this ordinance to the greatest extent practicable. The
subsequent transfer of government property to a non-governmental entity, further
division of the property for non-public uses, and any resultant lot shall be subject to the
requirements prescribed in this ordinance.




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Section 10.2 Minor Subdivisions
10.2.1 Review Process

A.   A minor subdivision is defined as a subdivision where all of the following conditions
     exist:
     1. No public right-of-way dedication; and,

     2.   The resultant subdivision will produce five or fewer lots.

     3.   A maximum of five lots may be created with administrative approval on any
          separate tract in existence on April 2, 1989.

B.   The review process is as follows. The numbers in the flow chart correspond to the
     numbered details below the chart.


                                    1 Pre-application
                                 Meeting and Sketch Plan
                                 Review by Planning Staff




                                         2 Final Plat
                                          Submittal




               3 Administrator                                   4 TRC
                  Review                                Review, if required by the
                                                             Administrator




                                 5 Final Plat Administrative
                                           Action




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     1.   Pre-application Meeting
          The applicant shall submit a sketch plan to the subdivision administrator for a
          determination of whether the approval process authorized under this section
          can be utilized. The subdivision administrator may require the applicant to
          submit additional information as necessary to make this determination,
          including having the technical review committee or other agencies involved in
          reviewing the submission.

     2.   Final Plat Submittal
          The applicant shall submit a final plat in accordance with the requirements set
          forth in this section and the development review process manual. The
          applicant shall also submit with the plat an application, fee, and any other
          documentation required by the administrator.

     3.   Administrator Review
          The subdivision administrator shall review the plat in accordance with the
          requirements of this ordinance.

     4.   Technical Review Committee Review
          The technical review committee shall review the plat in accordance with the
          requirements of this ordinance, if required by the administrator.

     5.   Final Plat Administrative Action
          Following successful revision of the final plat by the applicant in accordance
          with subdivision administrator and technical review committee comments, the
          subdivision administrator shall approve the final plat by obtaining the
          applicable signatures as required by this section.

10.2.2 Minor Subdivision General Provisions

A.   Applicants proposing a subdivision of five lots or less are required to obtain all
     necessary permits certifying compliance with local and state agencies including,
     but not limited to, NCDENR approval when connecting to existing central sewer
     systems or public water system prior to the approval of the subdivision plat.

B.   Approval of any plat is contingent upon the plat being recorded within 90 days after
     the date the certificate of approval is signed by the subdivision administrator. If a
     plat is not recorded within the 90 day period, it shall be null and void.

C.   Permits from state agencies including the Division of Water Quality (stormwater),
     DENR (soil erosion, sedimentation control, and CAMA), and/or NCDOT
     (encroachment agreement) may be required prior to any earth disturbing activity.




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10.2.3 Private Access Subdivisions
Private Access Subdivisions (PAS’s) are a type of minor subdivision and shall meet the
following requirements:

A.   PAS’s shall be developed exclusively for individual lots fronting on a private street.

B.   All private streets shall be constructed in accordance with Chapter 9.

C.   All PAS streets shall connect to an NCDOT maintained street and a NCDOT
     driveway permit shall be obtained for this connection.

10.2.4 Family Subdivisions
Family subdivisions (FS’s) are a type of minor subdivision and shall meet the following
requirements in addition to all other applicable requirements of this ordinance:

A.   FS’s shall be developed exclusively for single-family dwellings located on individual
     lots fronting on a private access-way or a public street, but shall not be on an
     arterial or major arterial. If the lot has frontage on two streets, one of which is an
     arterial or major arterial, a five foot non-access easement is required along the
     arterial/major arterial property line.
B.

C.   No private access way shall serve more than five lots, including existing lots of any
     size.

D.   No private access way shall adjoin more than one public street.

E.   A lot owner may create one lot per year for a total of five lots.

F.   Streets shall be constructed according to the family subdivision standards in
     Chapter 9.


Section 10.3 Major Subdivisions

10.3.1 Review Process
A major subdivision is defined as a subdivision that creates six or more lots and is
subject to the improvement standards in this ordinance.

A.   All major subdivisions are subject to the issuance of a special use permit by the
     Board of Commissioners at the time of preliminary plat review.




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B.      The review process is as follows.


                                         1 Pre-application Meeting
                                         and Sketch Plan Submittal




              2 Planning Staff                                                      3 TRC
                Sketch Plan                                                      Sketch Plan
        Review and Recommendation                                              Review and Action




                                4 Preliminary Plat/SUP Submittal and/or Pre-
                                       Construction Review Submittal




     5 Planning Staff Preliminary Plat/SUP                                6 TRC Preliminary Plat/SUP
           and/or Construction Plans                                  Review and Recommendation and/or
         Review and Recommendation                                    Construction Plans Review and Action




                                            7 Planning Board
                                           Preliminary Plat/SUP
                                       Review and Recommendation




                                   8 Board of Commissioners Preliminary
                                       Plat/SUP Review and Action




                                             9 Final Plat Submittal




       10 Planning Staff Final Plat Review and                  11 TRC Final Plat Review and Action
                 Recommendation




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10.3.2 Pre-application Meeting
Before submitting any plans, including the sketch plan, to the county for review the
applicant shall be required to schedule a pre-application meeting with the administrator.
The purpose of this conference is to provide assistance and guidance to the developer
to outline the review process and regulations that will have an impact on the proposal.
The pre-application meeting is a non-binding and informal review of a development
proposal intended to provide information to the applicant on the procedures and policies
of Currituck County and does not confer upon the applicant any development rights.

10.3.3 Sketch Plan

A.   Sketch plans for subdivisions shall meet the requirements of this ordinance and the
     development review process manual. The purpose of the sketch plan is to review
     the conceptual aspects of the proposed development.

B.   Sketch Plan and Application Submittal

     1.   After the pre-application conference, the developer shall submit a completed
          application form, sketch plan, and all required supplementary materials and
          fees to the Planning Department subject to the dates as called out on the
          Currituck County Submittal Schedule.

      2. A yield plan shall be submitted for conservation subdivisions and any
         subdivision reducing lot area and adding reduction to open space at the
         sketch plan pre-application conference as indicated in the plan submission
         requirements. The purpose of the yield plan is to determine the maximum
         permissible density that shall be allowed on the parcel(s) of land to be
         subdivided. Permissible density shall be calculated using the underlying
         zoning district(s). Yield plans shall be conceptual in nature and are not
         intended to involve significant engineering costs. They shall be realistic and
         not show development in areas that would not ordinarily be legally permitted
         in a conventional layout (i.e. the location of streets or residential lots in
         wetland areas or within identified areas of environmental concern).

C.   Planning Staff Sketch Plan Review and Recommendation
     Planning staff will review the plan and provide a report and recommendation to the
     Technical Review Committee.

D.   Technical Review Committee Sketch Plan Review and Action

     1.   A technical review committee meeting shall be coordinated by the Planning
          Department to review the sketch plan after receipt of the completed
          application and materials. The purpose of the technical review committee
          meeting at this stage of review is to allow the applicant to discuss


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                                        CHAPTER 10: SUBDIVISION REQUIREMENTS

          development issues with committee members and review alternatives to
          address identified concerns. The technical review committee will take action
          on the sketch plan.

     2.   Sketch plan approval shall remain valid for 24 months.

10.3.4 Preliminary Plat/Special Use Permit (SUP)

A.   Preliminary Plat/SUPs for subdivisions shall meet the requirements of this
     ordinance and the development review process manual. The purpose of the
     preliminary plat/SUP is to review the specific aspects of the proposed development
     and establish a site specific development plan.

B.   Preliminary Plat/SUP and Application Submittal

     1. After the pre-application conference, the developer shall submit a completed
        application form, preliminary plat/SUP, and all required supplementary
        materials and fees to the Planning Department subject to the dates as called
        out on the Currituck County Submittal Schedule.

     2. The applicant shall submit a letter of commitment from centralized water and
        sewer service provider stating their system capacities, capabilities, and
        commitment to service the proposed subdivision up to full build out.

     3. If a development is constructed in phases, the developer shall submit plans that
        clearly show the various phases or stages of the proposed development and
        the requirements of this ordinance that will be satisfied with respect to each
        phase or stage.

     4. If a development that is to be built in phases includes improvements that are
        designed to relate to, benefit, or be used by the entire development, then, as
        part of his application for development review, the developer shall submit a
        proposed schedule for completion of such improvements. The schedule shall
        relate completion of one or more phases or stages of the entire development.
        Once a schedule has been approved, no land may be used, no buildings may
        be occupied, and no subdivision lots may be sold except in accordance with the
        schedule approved as part of the permit.

B.   Planning Staff Preliminary Plat/SUP Review and Recommendation
     Planning staff will review the plan and provide a report and recommendation to the
     Technical Review Committee and Planning Board.

C.   Technical Review Committee Preliminary Plat/SUP Review and Recommendation

     1.   The Planning Department shall be responsible for coordinating a technical
          review committee meeting to review the preliminary plat/SUP. The purpose


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          of the technical review committee meeting at this stage of review is to finalize
          recommendations concerning the formal development of a proposed
          subdivision. The technical review committee shall check the preliminary
          plat/SUP against all applicable design standards and plat requirements.

     2.   Once the technical review committee has reviewed the preliminary plat/SUP
          and made a recommendation, it shall be placed on the next regularly
          scheduled Planning Board meeting agenda for review and comment.

D.   Planning Board Preliminary Plat/SUP Review

     1.   Planning Board members shall discuss with the developer any and all
          changes deemed advisable and the kind and extent of improvements to be
          made to the parcel of property. Upon reviewing the comments of the staff,
          technical review committee, and developer, the Planning Board shall approve,
          approve conditionally, or disapprove the preliminary plat/SUP.

     2.   Prior to the start of construction, the developer shall receive pre-construction
          review and approval from the TRC and obtain a construction permit/letter
          authorizing the commencement of construction.             Failure to obtain a
          construction permit/letter from the Planning Department prior to the start of
          any earth disturbing activity may result in the revocation of the preliminary
          plat/SUP approval.

     3.   If the preliminary plat/SUP is disapproved, the Planning Board Chairman or
          his designee shall specify the reasons for such action in writing. One copy
          will then be attached and forwarded to the developer and one copy will be
          retained by the Planning Department.

     4.   Preliminary plat/special use permit approval shall remain valid for 24 months
          in accordance with the provisions of Chapter 11. The subdivider may submit
          a written request to the Board of Commissioners for an extension of the
          original plat approval. The extension shall only be for two years and only one
          extension shall be granted for a preliminary plat/SUP. No extension may be
          granted unless applied for before original preliminary plat/SUP approval has
          expired.

     5.   Any change to the approved preliminary plat/SUP, or construction plans, shall
          be consistent with the requirements of Section 11.9, Amendments to Permits.

E.   Board of Commissioners Preliminary Plat/Special Use Permit Public Hearing and
     Action

      1. Notice of public hearing shall be in accordance with the requirements for a
         special use permit per Section 11.7.



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                                            CHAPTER 10: SUBDIVISION REQUIREMENTS

        2. The Board of Commissioners shall schedule a public hearing to review and
           take action on the preliminary plat and special use permit in accordance with
           established county policy following receipt of the Planning Board
           recommendation. During the public hearing, the Board of Commissioners
           shall review any and all remarks presented by the developer, staff comments
           and recommendations, technical review committee comments, and others.

        3. The Board of Commissioners shall discuss with the developer, or their agent,
           changes deemed advisable, if any, and the kind and extent of improvements
           to be made by the applicant. If it is determined that adequate public facilities
           do not currently exist to serve the entire proposed development, the Board of
           Commissioners may allow for the phased development of the proposed
           subdivision as adequate public facilities become available. Upon conclusion
           of the public hearing, the Board of Commissioners may approve, approve
           conditionally, disapprove, or table the request as set forth in the Board of
           Commissioner's Rules of Procedures and by state law. This shall not
           constitute an official action of approval of the subdivision for recordation, but it
           shall grant vested right status to a proposed development. In addition, the
           Board of Commissioners may place limiting conditions on the timing and
           extent of development pursuant to the county’s adequate public facilities
           ordinance provisions. Receiving approval from the Board of Commissioners
           shall allow the developer to proceed with submission of all materials and
           information required for the pre-construction review or final plat review
           process and to seek all permits as required under this chapter. A final plat
           shall be submitted for review within 24 months from the date the preliminary
           plat is approved by the Board of Commissioners. Failure to submit a final plat
           within the allotted time shall void the preliminary plat/special use permit
           approval.

10.3.5 Pre-Construction Review

   A.    Pre-construction drawings for subdivisions shall meet the requirements of this
         ordinance and the development review process manual. The purpose of the
         pre-construction review is to allow necessary technical review committee
         members to review detailed construction drawings and state permits prior to
         final plat submittal.

   B.    Pre-Construction Review Submittal

    1.     After the pre-application meeting, the developer shall submit a completed
           application form, detailed construction sheets, and all required supplementary
           materials to the Planning Department subject to the dates as called out on the
           Currituck County Submittal Schedule.

    2.     Preliminary plat/SUP and pre-construction review submittals may be
           submitted simultaneously.


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C.   Planning Staff Pre-Construction Review and Recommendation
     Planning staff will review the plan and provide a recommendation to the technical
     review committee.

D.   Technical Review Committee Pre-Construction Review and Action
     The technical review committee shall discuss with the developer, or their agent,
     changes deemed advisable, if any, and the kind and extent of improvements to be
     made by the applicant. The technical review committee may approve, conditionally
     approve, or deny the construction drawings. Receiving approval from the technical
     review committee shall allow the developer to proceed with submission of all
     materials and information required for the final plat review process and to seek all
     permits as required under this chapter. A pre-construction review approval is valid
     so long as the preliminary plat is valid.

10.3.6 Final Plat

A.   Final plats for subdivisions shall meet the requirements of this ordinance and the
     development review process manual. The purpose of the final plat is to allow the
     recordation of a subdivision and transfer of individual lots for construction
     purposes.

B.   Final Plat Submittal

     1.   After the pre-application conference, the developer shall submit a completed
          application form, final plat, and all required supplementary materials and fees
          to the Planning Department as called out on the Currituck County Submittal
          Schedule.

     2.   The final plat shall be submitted before the expiration of the preliminary
          plat/SUP, otherwise such approval shall be null and void.

     3.   Final plats shall include the entire area approved for construction as
          delineated on the preliminary plat.

C.   Planning Staff Final Plat Review and Recommendation
     Planning staff will review the plan and provide a recommendation to the technical
     review committee.

D.   Technical Review Committee Final Plat Review and Action

     1.   The Planning Department shall be responsible for coordinating a technical
          review committee meeting to review the final plat. The technical review
          committee shall check the final plat against the preliminary plat and all
          applicable plat requirements.



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                     Currituck County Unified Development Ordinance
                                    CHAPTER 10: SUBDIVISION REQUIREMENTS

2.   Once the technical review committee has reviewed the final plat and made a
     recommendation, it shall approve, conditionally approve, or deny the final
     plat.

3.   No final plat shall be approved unless the developer has installed all required
     improvements for the area shown on the preliminary plat and approved for on
     the final plat.

4.   The administrator shall secure from the developer a maintenance guarantee
     security document in which said developer shall agree to maintain the
     required improvements (See this chapter for the requirements) until such time
     as:

     a.   The state Division of Highways accepts the maintenance of any
          dedicated streets. The developer of any subdivision containing streets
          intended for public dedication shall post a letter of credit or other
          sufficient surety to guarantee that such streets shall be properly
          maintained until the offer of dedication is accepted by the NC
          Department of Transportation (NCDOT). The amount of the security
          shall constitute 15 percent of the total cost of the improvements. The
          developer shall provide information sufficient to determine the cost of the
          improvements;

     b.   The required improvements are accepted for maintenance by a property
          owners or homeowners association that is recognized and approved by
          the Board of Commissioners and established in accordance with the
          procedures established within this ordinance;

 5. Upon approval of the final plat the developer shall have authorization to file
    the plat with the Register of Deeds. Approval shall be null and void for any
    plat not recorded within 90 days.

 6. Approval of a plat shall not constitute acceptance by the county or other
    public agency of the offer of dedication of any streets, sidewalks, parks, or
    other public facilities shown on a plat. However, the county or other public
    agency may, to the extent of its statutory authority, accept such offer of
    dedication by resolution of the governing body or by actually exercising
    control over and maintaining such facilities.

 7. For any replatting or resubdivision of land, the same procedures, rules, and
    regulations contained within this ordinance shall apply as prescribed for any
    subdivision. Lot sizes may, however, be varied on an approved final plat after
    recording, provided that: no lot or tract shall be created or sold that is smaller
    than the size shown on the approved plat; drainage easements shall not be
    changed; right-of-ways shall not be changed; street alignment and block sizes



                                          10-12

                Currituck County Unified Development Ordinance
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          shall not be changed; the rear portion of the lots shall not be subdivided from
          the front part; and the character of the area shall be maintained.

10.3.7 Major Subdivision General Provisions

A.   Any expenses involved in the improvement of any property prior to the written
     receipt of preliminary plat approval by the Currituck County Board of
     Commissioners shall be incurred solely at the risk of the owner/developer.
     Preliminary plat approval shall in no way be construed as constituting an official
     action of approval for recording of the subdivision as required by this ordinance.

B.   Concurrent submittals of preliminary and final plats may be allowed by the
     Planning Department when no improvements, such as street construction or
     extension of utility lines to service a new lot of record, are required.

C.   It is not intended that these regulations repeal, impair, abrogate, or interfere with
     any existing easements, covenants, deed restrictions, agreements, rules,
     regulations, or permits previously adopted or issued pursuant to law.

D.   The Board of Commissioners has the authority to allocate the number of lots that
     can go to final plat at one time based upon the adequacy of public facilities.

E.   Cultural and historic: the developer shall not destroy buildings, structures,
     archeological, or cultural features listed (or eligible to be listed) on national, state,
     or county registers or inventories of cultural or historic significance without an
     inventory or survey. The significance shall be determined by county technical staff
     in consultation with state preservation officials. Plans shall be reviewed by the
     appropriate agency within the Department of Cultural Resources as part of the
     technical review committee process.

F.   In approving a preliminary plat/SUP, the Board of Commissioners may at its own
     discretion, or upon request from the subdivider, modify any standard or
     requirement of this section where it is determined that an equal or better
     performance will result. In modifying any standard or requirement, the evaluation
     shall be made with regard to the overall performance in carrying out the purposes
     of these regulations. In approving a modification, the Board of Commissioners
     may attach additional conditions or requirements as part of the special use permit
     that will secure the objectives, standards, or requirements modified. Modifications
     shall not include varying zoning provisions. Any modifications or waivers shall
     require findings of fact issued by the Board of Commissioners.

10.3.8 Conventional Subdivisions
Conventional subdivisions are residential or non-residential subdivisions where all lots
front on a public or private street and have less than 40 lots, unless all lot sizes are 5
acres or more. See Chapter 2 for dimensional requirements in each zoning district.



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10.3.9 Conservation Subdivisions

A.   The purpose of conservation subdivision design is to preserve agricultural and
     forestry lands, natural and cultural features, and rural character that would be likely
     lost through conventional development approaches. To accomplish this goal,
     greater flexibility and creativity in design of such developments is encouraged.
     This type of subdivision allows the developer to decrease lot sizes and leave the
     land “saved” as common open space, thereby lowering development costs and
     increasing the amenity of the project without increasing the density beyond what
     would be permissible is the land were to be developed into lots using the
     conventional subdivision standards.

B.   Subdivisions with more than 40 lots are required to meet the conservation
     subdivision standards, unless all lot sizes are five acres or more. See Chapter 2
     for dimensional requirements in each zoning district.

C.   On sites not served by public sewerage or a centralized private sewage treatment
     facility, soil suitability for individual septic systems shall be demonstrated at the
     time of sketch plan submission. The planning staff and Albemarle Regional Health
     Services shall select ten percent of the lots to be tested, in areas considered to be
     marginal. Costs for the tests shall be the responsibility of the applicant. If tests on
     the sample lots pass the soil test as conducted by Albemarle Regional Health
     Services, the applicant’s other lots shall also be deemed suitable for septic
     systems, for the purpose of calculating total lot yield. However, if any of the
     sample lots fail, several others of the county’s choosing shall be tested, until all the
     lots in a given sample pass.

D.   For conservation subdivisions, the developer may utilize the following density
     bonuses. Conservation subdivisions within the RO2 District are not eligible for a
     density bonus.

     1.   For all conservation subdivisions, the total number of lots may be increased
          above what the yield plan will allow, by up to 20 percent in an Agricultural (A)
          zoning district and 5 percent in the other zoning districts.

     2.   For conservation subdivisions in which 50 percent of the required open space
          (excluding primary conservation areas) is being actively farmed and
          remaining under the ownership of the developer, farmer or farm preservation
          trust and is protected from future development by a permanent conservation
          easement, the total number of lots my be increased by 5 percent above what
          the yield plan will permit.

     3.   For conservation subdivisions in the residential and agricultural zoning
          districts, the total number of lots my be increased by 5 percent above what
          the yield plan will permit if at least 20 acres of land outside of the required
          open space is donated and accepted for county facilities.


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E.   An existing features analysis plan showing existing conditions and that analyzes
     each site’s special features is required at the sketch plan stage as indicated in the
     plan submission requirements in this chapter for all proposed conservation
     subdivisions.

F.   Each sketch plan for a conservation subdivision shall follow a four-step design
     process as described below. When the conceptual sketch plan is submitted,
     applicants shall be prepared to demonstrate to the county that these four design
     steps were followed by their site designers in determining the layout of the
     proposed streets, house lots, and greenway lands.

     1.   During the first step all potential conservation areas (both primary and
          secondary) shall be identified, using the existing features analysis. Primary
          conservation areas shall consist of CAMA and adjacent 404 wetlands.
          Secondary conservation areas shall comprise 50 percent of the remaining
          land, and it shall include the most sensitive and noteworthy natural, scenic,
          and cultural resources on that remaining half of the property.

     2.   During the second step, potential house sites are tentatively located.
          Because the proposed location of the houses within each lot represents a
          significant decision with potential impacts on the ability of the development to
          meet the subdivision standards, applicants shall identify tentative house sites
          on the conceptual sketch plan. House sites should generally be located not
          closer than 50 feet to primary conservation areas.

     3.   The third step consists of aligning proposed streets to provide vehicular
          access to each house in the most reasonable and economical way. When
          lots and access streets are laid out, they shall be located in a way that avoids,
          or at least minimizes, adverse impacts on both the primary and secondary
          conservation areas. Wetland crossings shall be avoided. Street connections
          shall be provided to minimize the number of cul-de-sacs and to facilitate easy
          access to and from homes in different parts of the property (and on adjoining
          parcels). Where cul-de-sacs are necessary, those serving five or fewer
          homes may be designed with “T-intersections” facilitating three-point turns.
          Cul-de-sacs shall be designed with a central island containing indigenous
          trees and shrubs (either conserved on site or planted).

     4.   The fourth step is simply to draw in the lot lines where applicable.

G.   Prior to review of the sketch plan, the applicant shall submit to the planning staff a
     “preliminary engineering certification” stating that the approximate layout of
     proposed streets, house lots, and open space lands complies with the county
     regulations, particularly those sections governing the design of subdivision streets
     and stormwater management facilities. This certification requirement is meant to



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                     Currituck County Unified Development Ordinance
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     provide the county with assurance that the proposed plan is able to be
     accomplished within the current regulations of the county.
H.   In evaluating the layout of lots and open space, the following design principles will
     be considered by the county as indicating design appropriate to the site’s natural,
     historic, and cultural features, and meeting the purpose of this ordinance. The
     county shall evaluate proposals to determine whether the proposed development:

     1.   Provides a 50 foot buffer with wildlife plantings along open space utilized as
          active farmland;

     2.   Protects and preserves all floodways and wetlands;

     3.   Preserves and maintains mature woodlands, existing fields, pastures,
          meadows, and orchards, and creates sufficient buffer areas to minimize
          conflicts between residential and agricultural uses;

     4.   Maintains or creates an upland buffer of natural native species vegetation of
          at least 50 feet in depth adjacent to wetlands and surface waters, including
          creeks, streams, springs, lakes, and ponds;

     5.   Protects wildlife habitat areas of species listed as endangered, threatened, or
          of special concern by the U.S. Environmental Protection Agency and/or by the
          North Carolina Department of Environment, Health, and Natural Resources;

     6.   Designs around and preserves sites of historic, archaeological, or cultural
          value, and their environs;

     7.   Protects rural roadside character and improves public safety and vehicular
          carrying capacity by avoiding development fronting onto existing public roads
          and establishes buffer zones along the scenic corridor of rural roads with
          historic buildings, hedgerows, etc;

     8.   Landscapes common areas (such as community greens), cul-de-sac islands,
          and both sides of new streets with native specie shade trees and flowering
          shrubs with high wildlife conservation value;

     9.   Provides active recreational areas in suitable locations offering convenient
          access by residents, and adequately screened from nearby house lots;

     10. Includes a pedestrian circulation system designed to assure that pedestrians
         can walk safely and easily on the site, between properties and activities or
         special features within the neighborhood open space system. All roadside
         footpaths should connect with off-road trails, which in turn should link with
         potential open space on adjoining undeveloped parcels (or with existing open
         space on adjoining developed parcels, where applicable); and,


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     11. Provides open space that is reasonably contiguous. Fragmentation of open
         space shall be minimized so that these resource areas are not divided into
         numerous small parcels located in various parts of the development. Open
         space shall generally abut existing or potential open space land on adjacent
         parcels, and shall be designed as part of larger contiguous and integrated
         greenway systems.

10.3.10 Planned Unit Development (PUD) Subdivisions

A.   In PUD subdivisions, mixed residential and commercial developments are planned
     as a unit and are allowed in a PUD overlay district. See Chapter 4 for overlay
     district requirements.

B.   The plans for the PUD shall indicate the particular portions of the tract that the
     developer intends to develop for residential and commercial purposes as
     applicable. Each portion of the lot shall then be treated as if it were a separate
     district zoned to permit either residential or commercial uses.

C.   A special use permit may be approved showing the portion of the tract proposed
     for commercial uses reserved for future development. No construction on any land
     may take place within such areas until the special use permit is amended to
     approve specific plans for such areas.

D.   The nonresidential portions of any PUD may be occupied only in accordance with
     a schedule approved by the Board of Commissioners that relates occupancy of
     such non-residential portions of the PUD to the completion of a specified
     percentage number of phases or sections of the residential portion of the
     development. The purpose and intent of this provision is to ensure that the PUD
     procedure is not used, intentionally or unintentionally, to create nonresidential uses
     in areas generally zoned for residential uses except as part of an integrated and
     well-planned, primarily residential, development.         In approving a proposed
     schedule the board may consider, among other factors, the number of dwelling
     units proposed for the residential portion of the PUD, the nature and scope of the
     nonresidential portions of the PUD, the physical relationship of the nonresidential
     components of the PUD to neighboring properties not within the PUD, and whether
     the nonresidential uses are to be located within pre-existing buildings or new
     construction.

E.   In granting modifications the Board of Commissioners may attach additional
     conditions or requirements that will, in its judgment, secure the objective of the
     standards or requirements so varied or modified.

10.3.11 Residential Airpark Development (RAD) Subdivisions
Residential development adjoining the Currituck County Airport may be planned to
provide for right-of-ways to be used for both motor vehicles and taxiing aircraft in a RAD
Overlay District. See Chapter 4 for overlay district requirements.


                                          10-17

                     Currituck County Unified Development Ordinance
                                        CHAPTER 10: SUBDIVISION REQUIREMENTS

Section 10.4 Open Space Standards

10.4.1 Applicability and Definition

A.   All major subdivisions shall provide permanent open space. This shall not apply to
     subdivisions with 20 lots or less or where all the lots are 5 acres or larger.

B.   The location of open space shall be consistent with the policies contained in these
     provisions and other long range documents adopted by the Currituck County Board
     of Commissioners.

C.   For purposes of this section, open space means an area that:

     1.   Is not encumbered with any structure unless such structure is for recreational
          purposes available and accessible to all residents of the subdivision or
          general public, including indoor tennis courts, swimming pool, and other
          facilities;

     2.   Is not contained within a street right-of-way or otherwise devoted to use as a
          roadway, parking area not associated with the use of open space, or above
          ground waste disposal facilities;

     3.   Is legally and practicably accessible to the residents of the development out
          of which the open space is taken;

     4.   Is not encumbered by underground septic lines, any part of a sewage
          disposal system, or any above ground or below ground structure;

     5.   May include farmland and tree farms;

     6.   Is capable of being used and enjoyed for passive recreation, such as walking,
          jogging, or being improved for more active recreational use;

     7.   Does not include any CAMA wetlands; and,

     8.   Includes any part of any man-made or natural lakes or ponds provided they
          are completely surrounded by the development and under the ownership of
          the developer or homeowners association.

D.   Within the RO-2 district in major open space subdivisions, the transfer of existing
     lots that do not meet the current minimum lot size and width requirements; and
     existing or proposed lots or proposed open space areas, are permitted to transfer
     across rights-of-way between adjacent undeveloped parcels in order to facilitate
     subdivision design, for development of detached single-family dwellings that is
     appropriate for the district.



                                         10-18

                     Currituck County Unified Development Ordinance
CHAPTER 10: SUBDIVISION REQUIREMENTS

10.4.2 Minimum Open Space Requirements (not including Conservation
Subdivisions)
Open space shall be dedicated in accordance with the table below. Percentages are
based on total development area. At least 50 percent of the open space required shall
be lands suitable for development and shall not include, among other things, wetlands
(CAMA, 404, 401), and swamps. Recreational amenities, such as water front access
sites and picnic areas, shall be allowed within required open space areas. Portions of
required open space shall also be allowed for dedication to the county for the
development of necessary public facilities such as schools.


                          Number of Units/            Minimum Percent
                         Development Type               Open Space
                                 0-20
                             Single-family                   0
                                21-30
                             Single-family                 20%
                                31-40
                             Single-family                 30%
                                 40+
                             Single-family                 45%*
                       Multi-family, two-family,
                       or mixed residential (no
                             Subdivision)                  30%

                            PRD or PUD                    35%**
                          Other Residential
                           Development                     15%

*see Section 10.4.4 for additional Conservation Subdivision Open Space requirements
**see Section 10.4.5 for additional PUD Open Space requirements

10.4.3 Open       Space    Design       Requirements        (not   including   Conservation
Subdivisions)

A.   A portion of the required open space shall be improved for recreational use (i.e.
     ball fields, children's playground, swimming pools, tennis courts, etc.) taking into
     consideration:

     1.   The character of the open space land;

     2.   The estimated age and the recreation needs of persons likely to reside in the
          development;

     3.   The cost of recreation facilities; and,

     4.   The proximity to existing recreational areas.




                                              10-19

                      Currituck County Unified Development Ordinance
                                          CHAPTER 10: SUBDIVISION REQUIREMENTS

10.4.4 Conservation Subdivision Open Space Requirements

A.   Subdivisions shall be designed around both the primary and secondary
     conservation areas, which together constitute the total required open space.

B.   Both primary and secondary conservation areas required to be preserved for open
     space shall be placed in undivided preserves, which may adjoin housing areas that
     have been designed more compactly to create larger areas that may be enjoyed
     equally by all residents of the development.

C.   For conservation subdivisions, a minimum of 45 percent of the total tract area shall
     be designated as permanent open space. This calculation shall be made after
     deducting the following unbuildable land:

     1.   Primary conservation areas;

     2.   Lands required for street right-of-ways (10 percent of the net tract); and

     3.   Land under permanent easement prohibiting future development (including
          easements for drainage, access, and utilities).

D.   In addition to the requirements and open space requirements for all subdivisions,
     open space in conservation subdivisions shall be comprised of two types of land:

     1.   Primary conservation areas consisting of CAMA and 404 adjacent wetlands.
          These environmentally sensitive resources form the core of the open space
          that is required to be protected;

     2.   Secondary conservation areas consisting of the following: isolated 404
          wetlands, soils unsuitable for septic systems as identified by onsite analysis
          or by using the USDA Soil Conservation Survey for Currituck County; mature
          woodlands; significant wildlife habitat; prime agricultural farmland; historic,
          archeological and cultural features listed (or eligible to be listed) on national,
          state or county registers or inventories; significant views into and out from the
          site; and aquifers and their recharge areas. Secondary conservation areas
          typically consist of upland forest, meadows, pastures, and farm fields as part
          of the ecologically-connected matrix of natural areas significant for wildlife
          habitat, water quality protection, and other resources. Secondary
          conservation areas are intended to include the most sensitive and noteworthy
          natural, scenic, and cultural resources on the property.

     3.   Although resource lands listed as potential secondary conservation areas
          may comprise more than half of the remaining land on a development parcel
          (after primary conservation areas have been deducted), no applicant shall be
          required to designate more than fifty percent of that remaining land as a
          secondary conservation area. Full density credit shall be allowed for land in


                                               10-20

                     Currituck County Unified Development Ordinance
CHAPTER 10: SUBDIVISION REQUIREMENTS

          this category that would otherwise be buildable under local, state and federal
          regulations, so that their development potential is not reduced by this
          designation. Such density credit may be applied to other unconstrained parts
          of the site.

E.   All primary conservation areas and designated undivided open space shall be
     restricted from further subdivision through a permanent conservation easement, in
     a form acceptable to the county and duly recorded in the County Register of
     Deeds Office or protected by covenants under control of a homeowners
     association recorded in the County Register of Deeds Office.

F.   A minimum of 2,000 square feet per dwelling shall be designated and improved for
     active recreation. Determination of suitable improved active recreation shall be
     based on the character of the open space land, the estimated age and the
     recreation needs of persons likely to reside in the development, the costs of
     installation and maintenance of recreation facilities, and the proximity to existing
     recreational areas.

G.   No more than 50 percent of the minimum required open space, subject to (C)
     above, shall be utilized for active recreation (excluding golf course developments)
     in order to preserve a reasonable proportion of natural areas on the site.

H.   Acceptable modifications to natural areas include: reforestation, pasture or
     cropland use; buffer area, landscaping, shoreline protection, and wetlands
     management. The purposes for which open space areas are proposed shall be
     documented by the applicant.

I.   Undivided open space shall be directly accessible and interconnected to the
     largest practicable number of lots within an open space development. The majority
     of house lots should abut undivided open space in order to provide direct views
     and access. Safe and convenient pedestrian access to the open space from all
     lots not adjoining the open space shall be provided (except in the case of
     farmland, or other resource areas vulnerable to trampling damage or human
     disturbance). Where the undivided open space is designated as separate, non-
     contiguous parcels, no parcel shall consist of less than three acres in area, except
     such areas that are specifically designed as village greens, ball fields, upland
     buffers to wetlands, water bodies or watercourses, or designed as trail links.

10.4.5 PUD Open Space Requirements
The minimum lot sizes set forth in Chapter 4 for Planned Unit Developments may be
reduced from 20,000 square feet to 7,500 square feet if the additional area is added to
the minimum open space required in this ordinance.




                                         10-21

                     Currituck County Unified Development Ordinance
                                          CHAPTER 10: SUBDIVISION REQUIREMENTS

10.4.6 Open Space Ownership and Maintenance

A.   Open space may be owned or administered by one or a combination of the
     following methods:

     1.   Fee simple ownership by a unit of government or private non-profit land
          conservancy;

     2.   Owned by a homeowners association; and/or,

     3.   By individual private ownership such as a farmer, developer, or other private
          entity that maintains the open space in accordance with the purposes of this
          chapter. (i.e. farming, equestrian facility, etc. excluding confined livestock
          operations).

B.   Open space, man-made ponds, and reserve utility open space required to be
     provided by the developer in accordance with this chapter shall not be dedicated to
     the public except upon written acceptance by the county, but shall remain under
     the ownership and control of the developer (or his successor) or a homeowners
     association or similar organization.

C.   The owner of dedicated open space shall be responsible for the continuing upkeep
     and proper maintenance of the same. Determination of proper continuing upkeep
     and maintenance shall be the responsibility of the administrator.

D.   The developer shall place in a conspicuous manner upon the final plat of the
     subdivision prior to final plat approval a notation concerning control of open space.

E.   The developer will provide proof of registration of the articles of incorporation with
     the appropriate state agency for the formation of the homeowners association to
     the Planning Department.

F.   Although it is encouraged that the developer turnover any common properties to
     the homeowners association at the earliest date, the following requirements shall
     be placed within the homeowners association documents filed with the Currituck
     County Register of Deeds to ensure a proper transition:

     1.   At 25 percent of total lot sales of the development or first phase receiving final
          plat approval, it shall be the responsibility of the developer to have
          established a functioning homeowners association board of directors along
          with the selection of officers; and,

     2.   At 51 percent of total lot sales of the development or first phase receiving final
          plat approval, it shall be the responsibility of the developer to turnover control
          of all common areas to be assigned to the homeowners’ association board of



                                               10-22

                     Currituck County Unified Development Ordinance
CHAPTER 10: SUBDIVISION REQUIREMENTS

          directors. If this is a phased development, the developer may only turnover
          that portion of common properties assigned to that phase.

G.   Homeowners' associations or similar legal entities that are responsible for the
     maintenance and control of open space areas and common areas shall be
     established by the developer who shall record in the Register of Deeds a
     declaration of covenants and restrictions that will govern the association or similar
     legal entity. A copy of the recorded document shall be provided to the administrator
     and such document shall include, but not be limited to, the following:

     1.   Provision for the establishment of the association or similar entity is required
          before any lot in the development is sold or any building occupied and
          membership shall be mandatory for each homeowner and any successive
          buyer.

     2.   The association or similar legal entity has clear legal authority to maintain and
          exercise control over such common open space areas.

     3.   The association or similar legal entity has the power to compel contributions
          from residents of the development to cover their proportionate shares of the
          costs associated with the maintenance and upkeep of such common areas.
          Further, assessments levied can become a lien on the property if allowed in
          the master deed establishing the homeowners association or similar legal
          entity.

     4.   The open space restrictions must be permanent, not just for a period of years.

     5.   The association or similar legal entity must be responsible for liability
          insurance, applicable taxes, and the maintenance open space and other
          facilities under their control.

     6.   The association or similar legal entity must be able to adjust the assessment
          to meet changing needs.

     7.   The association shall be responsible for maintaining all public storm water
          drainage systems and easements within the subdivision not being maintained
          by the county, state, or other approved entity.

     8.   It shall be expressly stated within the restrictive covenants/homeowners
          association documents that it will be the responsibility of the developer or
          successors or assigns to enforce such covenants or restrictions until such
          time as control has been transferred to the Homeowners Association Board of
          Directors. It shall be the sole responsibility of the developer, successor, or
          assigns to correct any deficiencies prior to transfer of control over to the
          Homeowners Association Board of Directors.



                                          10-23

                     Currituck County Unified Development Ordinance
                                          CHAPTER 10: SUBDIVISION REQUIREMENTS

10.4.7 Water Access for Subdivisions

A.   For subdivisions of more than 20 lots, where the property being subdivided abuts
     public trust or estuarine waters, adequate areas suitable for access to those waters
     by the property owners shall be established. At a minimum, this area shall include
     20,000 square feet in area and shall be contiguous to the tract being developed
     and accessible to all property owners.

B.   No developer may usurp, abolish, or restrict public access areas to the waters of
     the Currituck Sound or other local bays, sounds, creeks, rivers, or canals which
     public access has been historically enjoyed by the people of Currituck County.

10.4.8 Utility Open Space Reservation
Every residential development containing more than twenty lots or dwelling units served
by septic tanks shall reserve an area, in addition to the open space area required
herein, suitable in terms of size, location, soil type, topography, and other relevant
factors to accommodate a community sewage treatment facility if one becomes
necessary in the future due to septic tank failure or other reasons. This area is referred
to in this chapter as reserve utility open space. It shall be the burden of the developer
to provide plans and specifications to provide adequate reserve utility open space to the
satisfaction of the county engineer and Board of Commissioners.

10.4.9 School Site Reservation
If a development plan submitted for approval includes a proposed school site that has
been designated in the Land Use Plan (in accordance with G.S. 153A-331 [Contents
and Requirements of Ordinance]) or some other long range document adopted by the
Board of Commissioners, the county shall immediately notify the Board of Education. If
the Board of Education does not wish the site to be reserved, no site may be reserved.
If the Board of Education does wish the site to be reserved, the development shall not
be approved without the reservation. As provided in G.S. 153A-331 [Contents and
Requirements of Ordinance], the Board of Education must acquire the site within 18
months after the date the site is reserved, and if it fails to do so the developer may treat
the land as freed of the reservation.

10.4.10 Flexibility in Administration

A.   The requirements set forth in this open space section concerning the amount, size,
     location, and nature of open space to be provided in connection with residential
     developments are established by the board as standards that presumptively will
     result in the provision of that amount of open space that is consistent with or
     generally recognized standards relating to the need for such areas. The board
     recognizes, however, that due to the particular nature of a tract of land, or the
     particular type or configuration of development proposed, or other factors, the
     underlying objectives of this chapter may be achieved even though the standards
     are not adhered to with mathematical precision. Therefore, the permit issuing body
     is authorized to permit minor deviations from these standards whenever it


                                             10-24

                      Currituck County Unified Development Ordinance
CHAPTER 10: SUBDIVISION REQUIREMENTS

     determines that: (i) the objectives underlying these standards can be met without
     strict adherence to them; and (ii) because of peculiarities in the developer's tract of
     land or the particular type or configuration of development proposed, it would be
     unreasonable to require strict adherence to these standards.

B.   Whenever the permit issuing board authorizes some deviation from the standards
     set forth in this section, the official record of action taken on the development
     application shall contain a detailed statement of the reasons for allowing the
     deviation.


Section 10.5 Surety Guarantees and Homeowners Associations for Subdivisions

10.5.1 Surety Guarantee Required for Maintenance

A.   The developer shall deliver a surety guarantee in the form of cash or an
     irrevocable letter of credit payable to Currituck County to cover the costs that
     would be incurred to maintain common area to meet applicable local and state
     agency requirements in the event the homeowners association fails to maintain all
     common property in a safe condition in accordance with local and state guidelines
     including, but not limited to North Carolina Building Code and Currituck County
     nuisance regulations. This surety agreement shall be reviewed and approved by
     the county attorney prior to the approval of the final plat.

B.   The surety guarantee shall contain provisions granting the county, or other
     designated agency, the authority to go onto the property and upgrade/maintain the
     common areas. The total amount of the surety guarantee shall be estimated by
     the developer and approved by county staff, in consultation with local and state
     officials, to cover the amount such improvements would cost to bring them up to
     required standard based upon 20 percent of the improvement cost.

C.   In cases where a subdivider is not proposing to request dedication of
     improvements, such as private streets and open space, to the county, state, or
     another entity for maintenance and upkeep, then the county shall require a
     homeowners association to be created to guarantee the perpetual maintenance
     and upkeep of all improvements and/or open space.

10.5.2 Homeowners Associations

A.   The subdivider shall be required to submit to the county, prior to review of the final
     plat, a declaration of restrictive covenants, deed restrictions, and by-laws that, at a
     minimum, establish the following provisions:

     1.   The establishment of a homeowners association responsible for the
          enforcement of the covenants and deed restrictions;



                                             10-25

                      Currituck County Unified Development Ordinance
                                   CHAPTER 10: SUBDIVISION REQUIREMENTS

2.   Language establishing the common ownership of all on-site improvements
     not offered to any local or state agency for dedication to include, but not
     limited to, streets, drainage systems, open space, and community
     recreational facilities;

3.   A full set of by-laws requiring every owner within the development, and their
     successors, to make regular payments of adequate fees and assessments to
     the homeowners association for the purpose of supporting financially all
     improvements not formally offered for dedication;

4.   The establishment of a reserve fund to support the continued maintenance
     and upkeep of all identified common property;

5.   The establishment of regulations allowing for the increasing of the mandatory
     fees or assessments when necessary;

6.   The establishment of the legal procedure for the transfer of the maintenance
     requirements for all common area from the subdivider to the homeowners
     association.




                                    10-26

                Currituck County Unified Development Ordinance
           CHAPTER 11:
PERMIT AND SITE PLAN REQUIREMENTS
              (Amended 11/3/08)



Section                                                           Page

11.1   Purpose and Applicability.………...………..……………………...…………… 11-2

11.2   Development Permits…………………………………………………………… 11-2

11.3   Board Approved Permits……………………………….……………………….. 11-2

11.4   Zoning Permits…………………………………………………………………….11-3

11.5   Land Disturbance Permit……….……………………………………………….. 11-5

11.6   Flood Development Application and Permit………………….…………………11-7

11.7   Special Use Permits………………………………………………………...….... 11-8

11.8   Conditional Use Permits.………………………………………………….......... 11-15

11.9   Amendments to Permits…………………………………………………………. 11-21

11.10 Expiration of Permits…………………………………………………………….. 11-22

11.11 Effect of Permit on Successors and Assigns………………………………….. 11-24

11.12 Vested Rights…………………. ………….………………………………………11-24

11.13 Site Plan Requirements…………………………………………………………..11-26




                                     11-1
                 Currituck County Unified Development Ordinance
CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS


Section 11.1 Purpose and Applicability

11.1.1 Purpose
The purpose of this chapter is to establish an orderly permitting process and a clear and
comprehensive development process that is fair and equitable to all interests including
the petitioners, affected neighbors, county staff, related agencies, the Planning Board,
the Board of Adjustment, and the Board of Commissioners. The permitting section of
this chapter is divided into two categories: Development permits and board approved
permits.

11.1.2 Applicability
No clearing, grading, filling, excavating land, constructing, moving, substantially altering
buildings, signs, property, or structures may commence, and the use made of property
may not be substantially changed, except upon issuance of and in accordance with one
of the following permits:


Section 11.2 Development Permits

Development permits are issued by the administrator, the county engineer, or the
floodplain administrator. They are typically issued in conjunction with the development
process and are generally tied to a specific parcel, the type of disturbance that will be
taking place, and the physical features of the particular property that is being developed.

The following permits are considered development permits and are administratively
approved:

A.   Zoning Permit – Issued by the administrator for uses represented by a “Z” in the
     Table of Permitted Uses (including signs);

B.   Land Disturbance Permit - Issued by the county engineer or his designee (for all
     instances of grading or filling higher than the adjacent grades); and,

C.   Flood Development Permit - Issued by the floodplain administrator (for any
     development activities located within special flood hazard areas, in conjunction
     with Chapter 6 of this ordinance).


Section 11.3 Board Approved Permits

Board approved permits are generally required for land uses which have unique
qualities which warrant review and approval by either an appointed or elected board.
They are considered part of the overall approval process and must proceed under a
detailed approval process. These permits are approved quasi-judicially.


                                           11-2
                      Currituck County Unified Development Ordinance
                               CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

The following permits are considered board approved permits:

A.   Special Use Permit - Issued by the Board of Commissioners for uses represented
     by an “S” in the Permitted Uses Table; and,

B.   Conditional Use Permit – Issued by the Board of Adjustment for uses represented
     by a ‘C” in the Permitted Uses Table.


                             DEVELOPMENT PERMITS

Section 11.4 Zoning Permits

For new uses or a change of use permitted by right and indicated by a “Z” in the
Permitted Uses Table or signs the following administrative review process shall apply:


                              1 Application and Site
                                      Plan
                                   Submittal




                                                 3 TRC and Other
                2 Administrator                Applicable Agencies or
                   Review                               Board
                                                       Review
                                                 (if required by the
                                                    Administrator)




                                 4 Zoning Permit
                               Administrative Action




                                        11-3
                    Currituck County Unified Development Ordinance
CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

A.   Application and Site Plan Submittal

     1.   A complete application and site plan meeting the requirements of this chapter
          shall be submitted by the applicant. An application is complete when it
          contains all of the information that is necessary for the permit issuing authority
          to decide whether or not the development, if completed as proposed, will
          comply with all of the requirements of this ordinance. The administrator may
          require the applicant to submit additional information as necessary to make
          this determination. The applicant will be required to sign the zoning form as
          being a true reflection of what is existing and what is being proposed.

     2.   Upon receipt of a formal application for a zoning permit the administrator shall
          review the application and confer with the applicant to ensure that he
          understands the administrator’s interpretation of the applicable requirements
          of this Ordinance, that he has submitted all of the information that he intends
          to submit, and that the application represents precisely and completely what
          he proposes to do.

     3.   It is not necessary that the application contain detailed construction drawings,
          so long as the plans provide sufficient information to allow the administrator to
          evaluate the application. However, detailed construction drawings may be
          required if certain elements of construction are involved. Failure to observe
          this requirement may result in permit revocation or other penalty as provided
          in Chapter 15.

     4.   Prior to the issuance of a zoning permit, verification must be submitted by the
          applicant that the lot will be served by either a state approved package plant
          or public sewer facility or a waste treatment system complying with the
          requirements of the Albemarle Regional Health Services, where applicable.
          This requirement shall not apply to camper lots in existence on the effective
          date of this ordinance, where the electrical power is interrupted on a seasonal
          basis and an electrical permit is required prior to resumption of power.
          Evidence of securing an improvements permit shall not constitute evidence of
          compliance with the requirements of any general use or overlay district within
          this ordinance.

B.   Administrator Review
     The administrator shall review the application and site plan for compliance with the
     applicable requirements of this ordinance and the Development Review Process
     manual and inform the applicant of any deficiencies.

C.   TRC and Board Review
     In cases other than residential uses, the planning staff may choose to have the
     Technical Review Committee or other agencies involved to review the submission.




                                           11-4
                     Currituck County Unified Development Ordinance
                                CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

D.   Zoning Permit Administrative Action
     The administrator shall issue the zoning permit unless he finds, after reviewing the
     application and consulting with the applicant as provided in this chapter that:

     1.   The use on the application is not permitted according to the Permitted Uses
          Table;

     2.   The application is incomplete; or,

     3.   If completed as proposed in the application, the development will not comply
          with this ordinance (not including those requirements concerning which a
          variance has been granted or those that the applicant is not required to
          comply with under the circumstances specified in Chapter 16
          Nonconformities.

11.4.1 General Provisions for Zoning Permits

A.   Issuance of a zoning permit authorizes the recipient to commence the activity
     resulting in a change in use of the land or (subject to obtaining a building permit),
     to commence work designed to construct, erect, move, or substantially alter
     buildings or other substantial structures.

B.   Applications for zoning permits shall be submitted by persons having the legal
     authority to take action in accordance with the permit. The administrator may
     require an applicant to submit evidence of his authority to submit the application
     whenever there appears to be a reasonable basis for questioning this authority.

11.4.2 Certificate of Compliance

A.   For all developments, excluding single-family residential uses, prior the issuance of
     a certificate of compliance, the administrator or his designee shall conduct a final
     zoning inspection to ensure that the approved plan has been followed and all
     required improvements have been installed to county standards.


Section 11.5 Land Disturbance Permits

A land disturbance permit, excluding residential lots in a PUD, shall be required for
filling and/or grading a lot above adjacent grades. This permit shall be issued by the
county engineer or his/her designee.

A.   The land disturbance permit application shall be filed with the county engineer or
     his designee prior to any site work being done. Five copies of the land disturbance
     permit plan shall be filed with the permit application.




                                          11-5
                     Currituck County Unified Development Ordinance
CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

B.   All land disturbance permit plans shall be prepared by a North Carolina licensed
     Professional Engineer (PE), licensed surveyor or landscape architect and contain
     architectural and engineering drawings, maps, assumptions, calculations, and
     narrative statements as needed to adequately describe the proposed development
     of the property and the measures planned to comply with the requirements of this
     ordinance. The land disturbance plan shall include, but not be limited to:

     1.   Adjacent property grades;

     2.   Approximate depth of seasonal high water table;

     3.   Existing elevations sufficient to determine the drainage patterns on site and
          on adjoining sites;

     4.   Locations and elevations of the adjoining street pavement, shoulders, ditches,
          drainage systems, upstream and downstream driveway culverts;

     5.   Proposed elevations of the top of bank and toe of slope and limits for fill
          necessary to construct the dwelling, including driveway access, shall be
          delineated;

     6.   Proposed stormwater management improvements;

     7.   Location of proposed improvements including septic systems; and,

     8.   Certification of Stormwater Management:
          On the site plan entitled ___________________, stormwater drainage
          improvements shall be installed according to these plans and specifications
          and approved by Currituck County.           Currituck County assumes no
          responsibility for the design, maintenance or the guaranteed performance of
          the stormwater drainage improvements.
          __________________________________                 ______________
          Registered Land Surveyor/Civil Engineer            Date

C.   Prior to issuance of the land disturbance permit, an on-site inspection of the project
     site may be scheduled by the county engineer or his designee to evaluate the pre-
     disturbed conditions of the site and review and discuss the proposed land
     disturbance activity.

D.   After issuance of the land disturbance permit, an on-site inspection shall be
     conducted by the county engineer or his designee to ensure adequate erosion
     control measures and project activities are in compliance with this ordinance.
     When the county engineer or his designee determines that erosion and
     sedimentation will likely continue, despite installation and maintenance of
     protective practices, the person conducting the land disturbance activity will be



                                          11-6
                     Currituck County Unified Development Ordinance
                              CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

    required to undertake such additional protective measures as are required to meet
    permit requirements.


Section 11.6 Flood Development Permit

See Section 6.3 for Flood Development Permit Requirements.




                                        11-7
                    Currituck County Unified Development Ordinance
CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS


                            BOARD APPROVED PERMITS

Section 11.7 Special Use Permits

A special use permit, which is issued by the Board of Commissioners, allows the
applicant to make use of property in accordance with requirements of this ordinance, as
well as any additional requirements imposed by the board through the review process.
A special use permit is quasi-judicial in nature and must follow the process described in
the following subsections.

11.7.1 Review Process
For uses permitted with special use permits and indicated by an “S” in the Permitted
Uses Table in Chapter 2, the following process shall apply. Subdivisions that require a
special use permit shall follow the major subdivision review process as set forth in
Chapter 10 but are subject to the other provisions of this section.

                                    1 Pre-application
                                         Meeting
                                    with Administrator




                               2 Application and Site Plan
                                       Submittal




                  3 Administrator                            4 TRC
                    Review and                             Review and
                 Recommendation                          Recommendation




                                    5 Planning Board
                                      Review and
                                    Recommendation



                                6 Board of Commissioners
                                 Public Hearing and Action




                                          11-8
                     Currituck County Unified Development Ordinance
                                CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS


A.   Pre-application Meeting

     The applicant shall meet with the administrator for a determination of whether the
     approval process authorized under this section can be utilized.

B.   Application and Site Plan Submittal

     1.   A complete application and site plan meeting the requirements of Section
          11.13 shall be submitted by the applicant. An application is complete when it
          contains all of the information that is necessary for the permit issuing authority
          to decide whether or not the development, if completed as proposed, will
          comply with all of the requirements of this ordinance. The administrator,
          Technical Review Committee, Planning Board, or Board of Commissioners
          may require the applicant to submit additional information as necessary to
          make this determination.

     2.   It is recognized that each development is unique, and therefore the permit
          issuing authority may allow less information or require more information to be
          submitted according to the needs of the particular case. The applicant may
          rely in the first instance on the recommendations of the administrator as to
          whether more or less information should be submitted.

     3.   The administrator shall develop application forms, instructional sheets,
          checklists, or other techniques or devices to assist applicants in
          understanding the application requirements and the form and type of
          information that must be submitted. In classes of cases where a minimal
          amount of information is necessary to enable the administrator to determine
          compliance with this ordinance, the administrator shall develop standard
          forms that will expedite the submission of the necessary plans and other
          required information.

C.   Administrator Review and Recommendation
     The administrator shall present a written report with his findings concerning the
                s
     application' compliance with this ordinance, the development review process
     manual, as well as any staff recommendations for additional requirements to be
     imposed by the board. If the staff report proposes a finding or conclusion that the
     application fails to comply with this ordinance, it shall identify the requirement in
     question and specifically state supporting reasons for the proposed findings or
     conclusions.

D.   TRC Review and Recommendation
     The TRC’s recommendation shall be included in the written staff report.




                                           11-9
                     Currituck County Unified Development Ordinance
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E.   Planning Board Review and Recommendation

     1.   The planning staff will mail a notice to all adjacent property owners within 200
          feet of the subject property a minimum of 10 days prior to the Planning Board
          meeting at which the request is to be heard.

     2.   The Planning Board shall have two months from the initial referral of the
          request by the administrator to forward its recommendation to the Board of
          Commissioners. If the Planning Board should fail to act on any proposed
          amendment within two months after it is referred to the board, then the
          request shall be forwarded to the Board of Commissioners without a
          recommendation. In addition, at the request of the Planning Board, the board
          may continue the public hearing to allow more time to consider the
          application.

     2.   The Planning Board may, in its discretion, hear from the applicant or
          members of the public.

     3.   After reviewing the application, the Planning Board shall report to the Board of
                                                                               s
          Commissioners whether it concurs in whole or in part with the staff' proposed
          findings and conditions, and to the extent there are differences the Planning
          Board shall propose its own recommendations and the reasons therefore.

     4.                                          s
          In response to the Planning Board' recommendations, the applicant may
          modify his application prior to submission to the Board of Commissioners, and
          the staff may likewise revise its recommendations.

F.   Board of Commissioners Public Hearing and Action on Special Use Permit

     1.   The Board of Commissioners may not hold a public hearing on a special use
          permit application until the Planning Board has had an opportunity to consider
          the original application.

     2.   Notice of the public hearing shall be given as follows:

          a.   The planning staff shall mail a notice to all property owners within 200
               feet of the extreme limits of the subject site as their names appear in the
               county tax record at least 10 days, but not more than 25 days, prior to
               the hearing. The notice shall include the date, time, and place of the
               Board of Commissioners hearing; and the nature of the application.

          b.   The department shall provide notice to the general public of the public
               hearing by publishing the date, time, place, and nature of the application
               at least ten days, but not more than 25 days, prior to the hearing in a
               newspaper of general circulation in the county.



                                          11-10
                     Currituck County Unified Development Ordinance
                            CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

     c.   The department will also post a notice outlining the date, time, place,
          and nature of the application in a conspicuous location on the property.

     d.   All required notices shall include the following:

           i.    state the date, time, and place of the applicable meeting/public
                 hearing;
           ii.   summarize the nature and character of the proposal;
          iii.   if the proposal involves a change in zoning district classification,
                 reasonably identify the property whose classification would be
                 affected by the amendment;
          iv.    state the time and place or places within the county where the text,
                 maps, and plans for the proposal may be examined;
          v.     the full text of the amendment can be obtained from the Planning
                 Department; and,
          vi.    state that substantial changes in the proposal may be made
                 following the public hearing.

3.   In instances where an applicant elects to postpone consideration of a
     proposal after required notification has been accomplished, the planning staff
     shall be responsible for resending notice to adjacent property owners with the
     new meeting and/or hearing date as required above. The applicant shall be
     responsible for any applicable fees to the county for re-advertisement.

4.   The administrator shall make every reasonable effort to comply with the
     notice provisions set forth in this section. However, it is not the board’s
     intention that failure to comply with any of the notice provisions that are not
     statutorily required shall render any decision invalid.

5.   Before making a decision on a special use permit, amended special use
     permit, or a petition from the administrator to revoke a special use permit, the
     Board of Commissioners shall hold a hearing on the appeal or application.

6.   The hearing shall be open to the public and all persons interested in the
     outcome of the appeal or application shall be given an opportunity to present
     evidence and arguments and ask questions of persons who testify.

7.   The Board of Commissioners may place reasonable and equitable limitations
     on the presentation of evidence and arguments and the cross examination of
     witnesses so that the matter at issue may be heard and decided without
     undue delay.

8.   Once a public hearing is opened, the hearing board may continue the hearing
     until a subsequent meeting and may keep the hearing open to take additional
     information up to the point a final decision is made. No further notice of a



                                      11-11
                  Currituck County Unified Development Ordinance
CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

         continued hearing need by published unless a period of eight weeks or more
         elapses between hearing dates.

    9.   The board shall consider whether the application is complete. If no member
         moves that the application be found incomplete (specifying either the
         particular type of information lacking or the particular requirement with respect
         to which the application is incomplete), then this shall be taken as an
         affirmative finding by the board that the application is complete.

    10. The board shall consider whether the application complies with all of the
        applicable requirements of this ordinance. If a motion to this effect passes,
        the board shall make findings supporting the motion. If such a motion fails or
        is not made, then a motion shall be made that the application be found not in
        compliance with one or more of the requirements of this ordinance. Such a
        motion shall specify the particular requirements the application fails to meet.
        Separate votes may be taken with respect to each requirement not met by the
        application. It shall be conclusively presumed that the application complies
        with all requirements not found by the board to be unsatisfied through this
        process.

    11. If the board concludes that the application fails to comply with one or more
        requirements of this ordinance, the application shall be denied. If the Board
        of Commissioners concludes that all such requirements are met, it shall issue
        the permit unless it adopts a motion to deny the application for one or more of
        the reasons set forth within this ordinance. Such a motion shall propose
        specific findings, based upon the evidence submitted, justifying such a
        conclusion.

    12. The Board of Commissioners shall propose the specific findings of fact as
        listed below, based upon the evidence submitted. All of the findings shall be
        made in the affirmative for the Board of Commissioners to issue the special
        use permit.

         a.   The application is complete.

         b.   The proposed use is among those listed in the Table of Permissible
              Uses as a special use indicated with an “S”.

         c.   The conditions proposed meet or exceed the minimum requirements of
              this ordinance.

         d.   The special use will not endanger the public health or safety.

         e.   The special use will not injure the value of adjoining or abutting property
              and will be in harmony with the area in which it is located.



                                         11-12
                    Currituck County Unified Development Ordinance
                            CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

     f.   The special use will be in conformity with the Land Use Plan or other
          officially adopted plan.

     g.                                                     s
          The special use will not exceed the county' ability to provide adequate
          public facilities, including, but not limited to, schools, fire and rescue, law
          enforcement, and other county facilities. Applicable state standards and
          guidelines shall be followed for determining when public facilities are
          adequate. Such facilities must be in place or programmed to be in place
          within two years after the initial approval of the plan (sketch plan in the
          case of major subdivisions).

13. All persons who intend to present evidence to the permit issuing board, rather
    than arguments only, shall be sworn.

14. The burden of presenting a complete application required by this section to
    the Board of Commissioners shall be upon the applicant. However, unless the
    board informs the applicant at the hearing in what way the application is
    incomplete and offers the applicant an opportunity to complete the application
    (either at that meeting or at a continuation hearing), the application shall be
    presumed to be complete. The presumption herein created shall not preclude
    the administrator or any board from re-evaluating any application based upon
    inadequacies revealed at a later date.

15. Once a completed application has been submitted, the burden of presenting
    evidence to the permit issuing board sufficient to lead it to conclude that the
    application should be denied for any reasons stated in this chapter shall be
    upon the party or parties urging this position, unless the information
    presented by the applicant in his application and at the public hearing is
    sufficient to justify a reasonable conclusion that a reason exists to so deny the
    application. However, nothing herein shall require the board to approve any
    application unless the same shall be in the best interests of the county.

16. The burden of persuasion on the issue of whether the development, if
    completed as proposed, will comply with the requirements of this ordinance
    remains at all times on the applicant. The burden of persuasion on the issue
    of whether the application should be turned down for any of the reasons set
    forth in this chapter rests on the party or parties urging that the requested
    permit should be denied.

17. All findings and conclusions necessary to the issuance or denial of the
    requested permit or appeal (crucial findings) shall be based upon reliable
    evidence. Competent evidence (evidence admissible in a court of law) shall
    be preferred whenever reasonably available, but in no case may crucial
    findings be based solely upon incompetent evidence unless competent
    evidence is not reasonably available, the evidence in question appears to be
    particularly reliable, and the matter at issue is not seriously disputed.


                                      11-13
                Currituck County Unified Development Ordinance
CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS


    18. The Board of Commissioners may not attach additional conditions that modify
        or alter the specific requirements set forth in this ordinance unless the
        development in question presents extraordinary circumstances that justify the
        variation from the specified requirements.

    19. The Board of Commissioners may attach to a permit a condition limiting the
        permit to a specified duration.

    20. In response to questions or comments by persons appearing at the hearing or
        to suggestions or recommendations by the Board of Commissioners, the
        applicant may agree to modify his application, including the plans and
        specifications submitted. Unless such modifications are so substantial or
        extensive that the board cannot reasonably be expected to perceive the
        nature and impact of the proposed changes without revised plans before it,
        the board may approve the application with the stipulation that the permit will
        not be issued until plans reflecting the agreed upon changes are submitted to
        the planning staff.

    21. All additional conditions or requirements shall be included on the permit.

    22. In the case of a subdivision or a multifamily development at the preliminary
        plat/special use stage, the Board of Commissioners may establish time limits
        on the number of lots/units available for development to assure adequate
        public facilities are available.

    23. Any decision shall be reduced to writing and mailed or transmitted to the
        applicant or appellant and all other persons who make a written request for a
                                                     s
        copy. In addition to a statement of the board' ultimate disposition of the case
        and any other information deemed appropriate, the written decision shall state
                  s
        the board' findings and conclusions, as well as supporting reasons or facts.

    24. A tape recording shall be made of all hearings, and such recordings shall be
        kept for at least two years. Accurate minutes shall also be kept of all such
        proceedings, but a transcript need not be made. Whenever practicable, all
        documentary evidence presented at a hearing as well as all other types of
        physical evidence shall be made a part of the record of the proceedings and
        shall be kept by the county for at least two years.




                                        11-14
                    Currituck County Unified Development Ordinance
                                CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

Section 11.8 Conditional Use Permits

A conditional use permit, which is issued by the Board of Adjustment, allows the
applicant to make use of property in accordance with requirements of this ordinance, as
well as any additional requirements imposed by the board through the approval
process. A conditional use permit is quasi-judicial in nature and must follow the process
described in the following subsections.

11.8.1 Review Process

For uses permitted with conditional use permits and indicated by a “C” in the Table of
Permissible Uses in Chapter 2, the following review process shall apply.

                                       1 Pre-application
                                            Meeting
                                       with Administrator




                                 2 Application and Site Plan
                                         Submittal




                     3 Administrator                            4 TRC
                       Review and                             Review and
                    Recommendation                          Recommendation




                                   5 Board of Adjustment
                                  Public Hearing and Action




                                            11-15
                     Currituck County Unified Development Ordinance
CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

A.   Pre-application Meeting

     The applicant shall meet with the administrator for a determination of whether the
     review process authorized under this section can be utilized.

B.   Application and Site Plan Submittal

     1.   A complete application and site plan meeting the requirements of this chapter
          shall be submitted by the applicant. An application is complete when it
          contains all of the information that is necessary for the permit issuing authority
          to decide whether or not the development, if completed as proposed, will
          comply with all of the requirements of this ordinance. The administrator or
          Board of Adjustment may require the applicant to submit additional
          information as necessary to make this determination.

     2.   It is recognized that each development is unique, and therefore the permit
          issuing authority may allow less information or require more information to be
          submitted according to the needs of the particular case. The applicant may
          rely in the first instance on the recommendations of the administrator as to
          whether more or less information should be submitted.

     3.   The administrator shall develop application forms, instructional sheets,
          checklists, or other techniques or devices to assist applicants in
          understanding the application requirements and the form and type of
          information that must be submitted. In classes of cases where a minimal
          amount of information is necessary to enable the administrator to determine
          compliance with this ordinance, the administrator shall develop standard
          forms that will expedite the submission of the necessary plans and other
          required information.

C.   Planning Staff Review and Recommendation

     The administrator shall present a written report with his findings concerning the
                s
     application' compliance with this ordinance, the Development Review Process
     manual, as well as any staff recommendations for additional requirements to be
     imposed by the board. If the staff report proposes a finding or conclusion that the
     application fails to comply with this ordinance, it shall identify the requirement in
     question and specifically state supporting reasons for the proposed findings or
     conclusions.

D.   TRC Review and Recommendation

     The TRC’s recommendation shall be included in the written staff report.




                                           11-16
                     Currituck County Unified Development Ordinance
                                 CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS


E.   Board of Adjustment Public Hearing and Action on Conditional Use Permit

     1.   Notice of the public hearing shall be given as follows:

          a.   The planning staff shall provide notice to all property owners within 200
               feet of the extreme limits of the subject site as their names appear in the
               county tax record at least 10 days, butt not more than 25 days, prior to
               the hearing. The notice shall include the date, time, place of the board
               meeting, and the nature of the application.

          b.   The department shall provide notice to the general public of the public
               hearing by publishing the date, time, place, and nature of the application
               at least 10 days, but not more than 25 days, prior to the hearing in a
               newspaper of general circulation in the county.

          c.   The department will also post a notice outlining the date, time, place,
               and nature of the application in a conspicuous location on the property.

          d.   All required notices shall include the following:

                i.    state the date, time, and place of the applicable meeting/public
                      hearing;
                ii.   summarize the nature and character of the proposal;
               iii.   if the proposal involves a change in zoning district classification,
                      reasonably identify the property whose classification would be
                      affected by the amendment;
               iv.    state the time and place or places within the county where the text,
                      maps, and plans for the proposal may be examined.
               v.     the full text of the amendment can be obtained from the Planning
                      Department; and,
               vi.    state that substantial changes in the proposal may be made
                      following the public hearing.

     2.   In instances where an applicant elects to postpone consideration of a
          proposal after required notification has been accomplished, the planning staff
          shall be responsible for resending notice to adjacent property owners with the
          new meeting and/or hearing date as required above. The applicant is
          responsible for any applicable fees to the county for re-advertisement.

     3.   The administrator shall make every reasonable effort to comply with the
          notice provisions set forth in this section. However, it is not the board’s
          intention that failure to comply with any of the notice provisions that are not
          statutorily required shall render any decision invalid.




                                           11-17
                       Currituck County Unified Development Ordinance
CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

    4.   Before making a decision on a conditional use permit, amended conditional
         use permit, or a petition from the administrator to revoke a conditional use
         permit, the Board of Adjustment shall hold a hearing on the appeal or
         application.

    5.   The hearing shall be open to the public and all persons interested in the
         outcome of the appeal or application shall be given an opportunity to present
         evidence and arguments and ask questions of persons who testify.

    6.   The Board of Adjustment may place reasonable and equitable limitations on
         the presentation of evidence and arguments and the cross examination of
         witnesses so that the matter at issue may be heard and decided without
         undue delay.

    7.   Once a public hearing is opened, the hearing board may continue the hearing
         until a subsequent meeting and may keep the hearing open to take additional
         information up to the point a final decision is made. No further notice of a
         continued hearing need be published unless a period of eight weeks or more
         elapses between hearing dates.

    8.   The board shall consider whether the application is complete. If the board
         concludes that the application is incomplete and the applicant refuses to
         provide the necessary information, the application shall be denied. A motion
         to this effect shall specify either the particular type of information lacking or
         the particular requirements with respect to which the application is
         incomplete. A concurred vote by two members of the board shall constitute
         the board’s finding on this issue. If a motion to this effect is not made and
         concurred in by at least two members, this shall be taken as an affirmative
         finding by the board that the application is complete.

    9.   The board shall consider whether the application complies with all of the
         applicable requirements of this ordinance. If a motion to this effect passes by
         the necessary four-fifths vote, the board shall make findings supporting the
         motion. If such a motion fails to receive the necessary four-fifths vote or is
         not made, then a motion shall be made that the application be found not in
         compliance with one or more requirements of this ordinance. Such a motion
         shall specify the particular requirements the application fails to meet. A
         separate vote may be taken with respect to each requirement not met by the
         application, and the vote of the number of members equal to more than one-
         fifth of the board membership (excluding vacant seats) in favor of such a
         motion shall be sufficient to constitute such motion a finding of the board. It
         shall be conclusively presumed that the application complies with all
         requirements not found by the board to be unsatisfied through this process. If
         the board concludes that the application fails to meet one or more of the
         requirements of this ordinance, the application shall be denied.



                                         11-18
                    Currituck County Unified Development Ordinance
                           CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

10. A motion shall propose the specific findings of fact listed below, based upon
    the evidence submitted. A motion to approve shall constitute a four-fifths
    majority of the Board of Adjustment in order to issue the conditional use
    permit. Vacant or disqualified seats shall not be counted. All of the findings
    shall be made in the affirmative for the Board of Adjustment to issue the
    conditional use permit.

     a.   The application is complete.

     b.   The proposed use is among those listed in the Table of Permissible
          Uses as a conditional use indicated with a “C”.

     c.   The conditions proposed meet or exceed the minimum requirements of
          this ordinance.

     d.   The conditional use will not endanger the public health or safety.

     e.   The conditional use will not injure the value of adjoining or abutting
          property and will be in harmony with the area in which it is located.

     f.   The conditional use will be in conformity with the Land Use Plan,
          Thoroughfare Plan, or other officially adopted plan.

     g.                                                           s
          The conditional use will not exceed the county' ability to provide
          adequate public facilities, including, but not limited to, schools, fire and
          rescue, law enforcement, and other county facilities. Applicable state
          standards and guidelines shall be followed for determining when public
          facilities are adequate. Such facilities must be in place or programmed to
          be in place within two years after the initial approval of the plan.

11. If the board concludes that all such requirements are met, it shall issue the
    permit.

12. A motion to deny shall be made if all the findings of fact are not met. Such a
    motion shall propose specify findings, based upon the evidence submitted,
    justifying such a conclusion. Since such a motion is not in favor of the
    applicant, it is carried by a simple majority.

13. All persons who intend to present evidence to the permit issuing board, rather
    than arguments only, shall be sworn.

14. The burden of presenting a complete application required by this chapter to
    the Board of Adjustment shall be upon the applicant. However, unless the
    board informs the applicant at the hearing in what way the application is
    incomplete and offers the applicant an opportunity to complete the application
    (either at that meeting or at a continuation hearing), the application shall be


                                    11-19
                Currituck County Unified Development Ordinance
CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

         presumed to be complete. The presumption herein created shall not preclude
         the Administrator or any Board from re-evaluating any application based upon
         inadequacies revealed at a later date.

    15. Once a completed application has been submitted, the burden of presenting
        evidence to the permit issuing board sufficient to lead it to conclude that the
        application should be denied for any reasons stated in this chapter shall be
        upon the party or parties urging this position, unless the information
        presented by the applicant in his application and at the public hearing is
        sufficient to justify a reasonable conclusion that a reason exists to so deny the
        application. However, nothing herein shall require the board to approve any
        application unless the same shall be in the best interests of the county.

    16. The burden of persuasion on the issue of whether the development, if
        completed as proposed, will comply with the requirements of this ordinance
        remains at all times on the applicant. The burden of persuasion on the issue
        of whether the application should be turned down for any of the reasons set
        forth in this chapter rests on the party or parties urging that the requested
        permit should be denied.

    17. All findings and conclusions necessary to the issuance or denial of the
        requested permit (crucial findings) shall be based upon reliable evidence.
        Competent evidence (evidence admissible in a court of law) shall be preferred
        whenever reasonably available, but in no case may crucial findings be based
        solely upon incompetent evidence unless competent evidence is not
        reasonably available, the evidence in question appears to be particularly
        reliable, and the matter at issue is not seriously disputed.

    18. The Board of Adjustment may not attach additional conditions that modify or
        alter the specific requirements set forth in this ordinance unless the
        development in question presents extraordinary circumstances that justify the
        variation from the specified requirements.

    19. The Board of Adjustment may attach to a permit a condition limiting the permit
        to a specified duration.

    20. All additional conditions or requirements shall be included on the permit.

    21. The Board of Adjustment may, by general rule applicable to all cases or any
        class of cases, or on a case by case basis, refer applications to the Planning
        Board to obtain its recommendations.

    22. Any decision shall be reduced to writing and mailed by certified mail return
        receipt requested to the applicant or appellant and all other persons who
        make a written request for a copy. In addition to a statement of the board's
        ultimate disposition of the case and any other information deemed


                                        11-20
                    Currituck County Unified Development Ordinance
                               CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

                                                                 s
          appropriate, the written decision shall state the board' findings and
          conclusions, as well as supporting reasons or facts.

     23. A tape recording shall be made of all hearings, and such recordings shall be
         kept for at least two years. Accurate minutes shall also be kept of all such
         proceedings, but a transcript need not be made. Whenever practicable, all
         documentary evidence presented at a hearing as well as all other types of
         physical evidence shall be made a part of the record of the proceedings and
         shall be kept by the county for at least two years.


Section 11.9 Amendments to Permits

A developer requesting approval of changes shall submit a written request for such
approval to the administrator, which request shall identify the changes.         The
administrator shall determine if the amendment is minor, major, or is another type of
amendment.

11.9.1 Minor Amendments

A.   Minor amendments to the permit (including approved plans) issued by the Board of
     Commissioners, the Planning Board, the Board of Adjustment, or the administrator
     are permissible and the administrator may authorize such minor changes.

B.   A change is minor if it has no discernible impact on neighboring properties, the
     general public, or those intended to occupy or use the proposed development.
     Examples of minor changes are reduction in density, increase of open space, slight
     lot line realignments, slight relocation of streets, and changes that have no
     substantial impact on neighboring properties. This is not intended to be an all
     inclusive list.

11.9.2 Major Amendments

A.   Major amendments to the permit (including approved plans) are permissible with
     the approval of the permit issuing authority. Such permission may be obtained
     without a formal application, public hearing, or payment of any additional fee.

B.   For purposes of this section, major amendments are those that have substantial
     impact on neighboring properties, the general public, or those intended to occupy
     or use the proposed development, such as an increase in density, decrease of
     open space, major shifting of lot lines, and major shifting of streets. This is not
     intended to be an all inclusive list.




                                         11-21
                     Currituck County Unified Development Ordinance
CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

11.9.3 Other Amendments

A.   All other requests for changes in approved plans will be processed as new
     applications. If such requests are required to be acted upon by the Board of
     Commissioners, the Planning Board, or Board of Adjustment, new conditions may
     be imposed, but the applicant retains the right to reject such additional conditions
     by withdrawing his request for an amendment and may then proceed in
     accordance with the previously issued permit.

B.   Whenever a preliminary plat is proposed to be amended or revised either by, but
     not limited to, changing a zoning designation or for the reallocation of density, the
     Board of Commissioners shall hold a public hearing prior to amending or revising
     the plan. Written notification of the public hearing shall be mailed to all recorded
     property owners whose property will be affected by the change as well as the
     owners of record of all property any portion of which is within 200 feet of the
     exterior lines of the phases or areas proposed to be changed.


Section 11.10 Expiration of Permits and Completion of Development

This section shall be applicable to permits issued prior to November 16, 1992.

11.10.1 Zoning Permits

A.   Zoning permits shall expire automatically if, within one year after the issuance of
     such permits:

     1.   The use authorized by such permit has not commenced, in circumstances
          where no substantial construction, erection, alteration, excavation, demolition,
          or similar work is necessary before commencement of such use; or,

     2.   Less than five percent of the total cost of all construction, erection, alteration,
          excavation, demolition, or similar work on any development authorized by
          such permits has been completed on the site. With respect to phased
          development, this requirement shall apply only to the first phase.

B.   If, after some physical alteration to land or structures begins to take place, such
     work is discontinued for a period of one year, then the zoning permit authorizing
     such work shall immediately expire.




                                          11-22
                     Currituck County Unified Development Ordinance
                                 CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS


11.10.2 Special Use and Conditional Use Permits

A.   Special use and conditional use permits shall expire automatically if, within two
     years after the issuance of such permits:

     1.   The use authorized by such permits has not commenced, in circumstances
          where no substantial construction, erection, alteration, excavation, demolition,
          or similar work is necessary before commencement of such use;

     2.   A final plat, if required, has not been filed for approval and less than five
          percent of the total cost of all construction, erection, alteration, excavation,
          demolition, or similar work on any development authorized by such permits
          has been completed on the site. With respect to phased development, this
          requirement shall apply only to the first phase; or,

     3.   In the case where a final plat is not required, less than five percent of the total
          cost of all construction, erection, alteration, excavation, demolition, or similar
          work on any development authorized by such permits has been completed on
          the site.

B.   The permit issuing authority may extend one time for a period up to two years the
     date when a permit would otherwise expire, if it concludes that:

     1.   The permit has not yet expired,

     2.   The permit recipient has proceeded with due diligence and in good faith; and,

     3.   Conditions have not changed so substantially as to warrant a new application.
          Successive extensions shall not be granted. All such extensions may be
          granted without resort to the formal processes and fees required for a new
          permit.

C.   In cases when, because of weather conditions or other factors beyond the control
     of the special use or conditional use permit recipient (exclusive of financial
     hardship) it would be unreasonable to require the permit recipient to comply with all
     of the requirements of this ordinance before commencing the intended use of the
     property or occupying any buildings or selling lots in a subdivision (with the
     exception of water and sewer plant systems), the permit issuing board may
     authorize the commencement of the intended use or the occupancy of buildings or
     the sale of subdivision lots (insofar as the requirements of this ordinance are
     concerned) if the permit recipient meets the conditions of installation or guarantee
     of improvements as set forth in Chapter 10 as applicable in a manner satisfactory
     to the county to ensure that all of these requirements will be fulfilled within a
     reasonable period (not to exceed six months).



                                          11-23
                     Currituck County Unified Development Ordinance
CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

D.   When the board imposes additional requirements upon the permit recipient in
     accordance with this chapter or when the developer proposes in the plans
     submitted to install amenities beyond those required by this ordinance, the board
     may authorize the permittee to commence the intended use of the property or to
     occupy any building or to sell any subdivision lots before the additional
     requirements are fulfilled or the amenities installed if it specifies a date by which or
     a schedule according to which such requirements must be met or each amenity
     installed and if it concludes that compliance will be ensured as the result of any
     one or more of the following:

     1.   The permit recipient complies with the conditions of installation or guarantee
          of improvements as set forth in Chapter 10 as applicable in a manner
          satisfactory to the board;

     2.   A condition is imposed establishing an automatic expiration date on the
                                                             s
          permit, thereby ensuring that the permit recipient' compliance will be
          reviewed when application for renewal is made; or,

     3.   The nature of the requirements or amenities is such that sufficient assurance
          of compliance is given as contained in Chapter 15 Administration.


Section 11.11 Effect of Permit on Successors and Assigns

Zoning permits authorize the permittee to make use of land and structures in a
particular way. Such permits are transferable. However, so long as the land or
structures or any portion thereof covered under a permit continues to be used for the
purposes for which the permit was granted, then:

A.   No person (including successors or assigns of the person who obtained the permit)
     may make use of the land or structures covered under such permit for the
     purposes authorized in the permit except in accordance with all the terms and
     requirements of that permit; and,

B.   The terms and requirements of the permit apply to and restrict the use of land or
     structures covered under the permit, not only with respect to all persons having
     any interest in the property at the time the permit was obtained, but also with
     respect to persons who subsequently obtain any interest in all or part of the
     covered property and wish to use it for or in connection with purposes other than
     those for which the permit was originally issued, so long as the persons who
     subsequently obtain an interest in the property had actual or record of the
     existence of the permit at the time they acquired their interest.




                                           11-24
                      Currituck County Unified Development Ordinance
                                CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

Section 11.12 Vested Rights

A.   A zoning vested right shall be deemed established upon the valid approval or
     conditional approval by the Board of Commissioners or the Board of Adjustment,
     as applicable, of a site specific development plan, following notice and public
     hearing.


B.   For purposes of these regulations, a site specific development plan shall constitute
     any one of the following approvals:

     1.   Conditional use permit granted by the Board of Adjustment.

     2.   Special use permit granted by the Board of Commissioners except for
          subdivisions.

     3.   For major subdivisions, an approved preliminary plat and special use permit.

     4.   Approval of a commercial site plan by the Board of Commissioners.

C.   A site specific development plan shall be deemed approved upon the effective date
                               s
     of the approval authority' action or ordinance relating thereto. A zoning right that
     has been vested as provided in this chapter shall remain vested for a period of two
     years. This vesting shall not be extended by any amendments or modifications to a
     site specific development plan unless expressly provided by the approval authority
     at the time the amendment or modification is approved.

     1.   The establishment of a zoning vested right shall not preclude the application
          of overlay zoning that imposes additional requirements but does not affect the
          allowable type and intensity of use, or ordinances or regulations that are
          general in nature and are applicable to all property subject to land use
          regulation by the county, including, but not limited to building, fire, plumbing,
          electrical and mechanical codes. Otherwise, applicable new or amended
          regulations shall become effective with respect to property that is subject to a
          site specific development plan upon the expiration or termination of the
          vested right in accordance with this chapter.

     2.   A zoning vested right is not a personal right, but shall be attached to and run
          with the applicable property. After approval of a site specific development
          plan, all successors to the original landowner shall be entitled to exercise
          such right while applicable.




                                          11-25
                     Currituck County Unified Development Ordinance
CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

     3.   A zoning right that has been vested as provided in this chapter shall
          terminate:

          a.   At the end of the applicable vesting period with respect to buildings and
               uses for which no valid building permit applications have been issued;

          b.   With written consent of the affected landowner;

          c.   Upon findings by the Board of Commissioners, by ordinance after notice
               and public hearing, that natural or man-made hazards on or in the
               immediate vicinity of the property, if uncorrected, would pose a serious
               threat to the public health, safety, and welfare if the project were to
               proceed as contemplated in the site specific development plan;

          d.   Upon payment to the affected landowner of compensation for all costs,
               expenses, and other losses incurred by the landowner, including, but not
               limited to all fees paid in consideration of financing, and all architectural,
                                                                     s
               planning, marketing, legal, and other consultant' fees incurred after
               approval by the county, together with interest thereon at the legal rate
               until paid. Compensation shall not include any diminution in the value of
               the property which is caused by such action;

          e.   Upon findings by the Board of Commissioners, by ordinance after notice
               and a hearing, that a landowner or his representative intentionally
               supplied inaccurate information or made material misrepresentations
               which made a difference in the approval authority of the site specific
               development plan; or,

          f.   Upon the enactment or promulgation of a state or federal law or
               regulation that precludes development as contemplated in the site
               specific development plan, in which case the approval authority may
               modify the affected provisions, upon finding that the change in state or
               federal law has a fundamental effect on the plan, by ordinance after
               notice and hearing.


Section 11.13 Site Plan Requirements

11.13.1 Pre-Application Meeting
Before submitting any commercial site plans to the county for review, the applicant shall
be required to schedule a pre-application meeting with the administrator. The purpose
of this conference is to provide assistance and guidance to the developer and to outline
the review process and regulations that will have an impact on the proposal. The pre-
application meeting is a non-binding and informal review of a development proposal
intended to provide information to the applicant on the procedures and policies of
Currituck County and does not confer upon the applicant any development rights.


                                          11-26
                     Currituck County Unified Development Ordinance
                                  CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS


11.13.2 General Survey and Site Plan Requirements

The following shall apply to all site plans:

A.   Site plans may be required from applicants prior to issuance of any permit by the
     county.

B.   Lots 20,000 square feet or smaller, shall require a professional survey/site plan,
     prepared by a NC licensed surveyor, engineer, architect, or landscape architect,
     excluding the placement of mobile homes in mobile home parks and accessory
     structures. Surveys/site plans shall include the following information:

     1.   Boundary survey.

     2.   Site plan shall show lot boundary and setbacks from the proposed principal
          building to all property lines.

     3.   Drawn to a scale of 1 inch = 50 feet or larger.

     4.   If the principal building is located within one foot of any required building
          setback line(s) an “as-built” survey shall be required prior to the issuance of a
          certificate of compliance (COC). During construction, the building inspector
          may require field verification of setbacks by a licensed North Carolina
          surveyor.

11.13.3 Single-Family Residential Individual Lot Site Plan Requirements

A.   Single-family residential site plans for individual lots shall be drawn with an
     approximate scale, so that reviewing agents can determine that all requirements of
     the ordinance are met. Professional renderings, prepared by a NC licensed
     surveyor, engineer, architect, or landscape architect, are only required for lots that
     are 20,000 square feet or smaller.

B.   The following minimum information shall be included on the site plan:

     1.   Lot/parcel dimensions.

     2.   Zoning designation.

     3.   All property line setback requirements.

     4.   All existing physical features (structures, buildings, streets, roads, etc.).

     5.   Location and dimensions of proposed construction.



                                               11-27
                       Currituck County Unified Development Ordinance
CHAPTER 11: PERMIT & SITE PLAN REQUIREMENTS

     6.   Location and dimensions of driveway and type of surface material.

     7.   Location of septic system, well or water tap.

     8.   Any additional information as required by the reviewing agents.

     9.   Comparison of how the proposed development relates to the maritime forest
          guide (if located in the Outer Banks Overlay District).

     10. Topographic/grading plan (shown in one foot intervals) shall be required when
         changes in the existing grade/natural grade of the property are proposed. At
         a minimum, the plan shall indicate the location and depth of the changes to
         the existing grade/natural grade and contain the following certificate:

          I,                , owner/agent do hereby certify that I will develop the
          property in accordance with the approved plans which will be constructed or
          maintained so that surface waters from such development are not
          unreasonably collected and channeled onto lower adjacent properties at such
          locations or at such volumes as to cause substantial damage to such lower
          adjacent properties.    In addition, the development will be constructed or
          maintained so that it will not unreasonably impede the natural flow of water
          from higher adjacent properties across such development, thereby
          unreasonably causing substantial damage to such higher adjacent properties.

          Date:___________        Owner/Agent:_____________________________

C.   All newly installed driveway culverts and the ditch section fronting the property
     shall be certified as being on grade with the existing roadside ditch as verified by
     upstream and downstream culvert inverts.             When associated with new
     construction, the certification shall be submitted prior to the issuance of the
     certificate of compliance.

11.13.4 Commercial Site Plan Requirements

See Development Review Process Manual




                                         11-28
                     Currituck County Unified Development Ordinance
                CHAPTER 12:
          MAP AND TEXT AMENDMENTS
                              (Amended 11/03/08)


Section                                                            Page

12.1   Purpose……………...………….….……….……………...……...……………... 12-2

12.2   Amendment Initiation……………..…………….….………….………...…….... 12-2

12.3   Application Submittal….....…………..………………...……………..........…… 12-2

12.4   Text Amendment Process…………………………….....……………………... 12-3

12.5   Map Amendment Process……………...……………..……..……………...….. 12-6

12.6   Resubmission of Request………..……………………………………………… 12-10




                                      12-1
                  Currituck County Unified Development Ordinance
CHAPTER 12: MAP AND TEXT AMENDMENTS

Section 12.1 Purpose

The purpose of this chapter is to set forth procedures for amending the text of these
regulations and the zoning classification of land as shown on the zoning map
(rezoning). The purpose is not to relieve particular hardships, nor to confer special
privileges or rights on any person, but only to make adjustments necessary in light of
changed conditions or changes in public policy.


Section 12.2 Amendment Initiation

An amendment to the text of this ordinance or to the zoning map may be initiated by the
Board of Commissioners, the Planning Board, the administrator, or any other interested
person.


Section 12.3 Application Submittal

12.3.1 Applications for All Amendments

A.   An application form and fee shall be submitted by the applicant to the
     administrator. The application shall include a description of the proposed change.
     The application form and fee shall be waived for any amendment request
     submitted by a Currituck County official or agency acting on behalf of Currituck
     County. Completed applications shall be forwarded by the administrator to the
     Planning Board at their next regularly scheduled meeting.

B.   Any petition for rezoning property must be signed by the petitioner, who shall
     indicate the capacity in which he filed the petition. In the event the party filing the
     petition is someone filing the same on behalf of the owner, such party shall attach
     his authority to execute said petition on behalf of the owner to the petition.

12.3.2 Text Amendments
For text amendments, the application shall contain a reference to the specific section,
subsection, paragraph or item proposed to be changed, as well as the wording of the
proposed change, and the reasons therefore. Applications shall contain a statement
regarding the consistency of the request with adopted county plans.

12.3.3 Map Amendments (Rezonings)
For all map amendments (rezonings), applications shall contain a statement regarding
the consistency of the request with adopted county plans and the surrounding area.




                                           12-2
                      Currituck County Unified Development Ordinance
                                       CHAPTER 12: MAP AND TEXT AMENDMENTS



Section 12.4 Text Amendment Process

12.4.1 Review Process
The following process shall be followed for any text amendment request:


                                 1 Pre-application
                                      Meeting
                                 with Administrator




                                    2 Application
                                      Submittal




                                 3 Administrator
                           Review and Recommendation




                                 4 Planning Board
                           Review and Recommendation




                             5 Board of Commissioners
                             Public Hearing and Action




                                        12-3
                    Currituck County Unified Development Ordinance
CHAPTER 12: MAP AND TEXT AMENDMENTS


A.   Pre-application Meeting
     The applicant shall meet with the administrator for a determination of whether the
     approval process authorized under this section can be utilized.

B.   Application Submittal
     The applicant shall submit to the administrator a fee and complete application
     stating the current and requested zoning of the property. This shall not apply if the
     applicant is the county or an agent of the county.

C.   Administrator Review and Recommendation
     The administrator shall present a written report with his findings concerning the
     applicant’s request.

D.   Planning Board Review and Recommendation

     1.   The Planning Board shall have two months from the initial referral of the
          request by the administrator to either recommend in favor of an amendment
          or in opposition to an amendment in writing by simple majority vote of those
          present and voting. If the Planning Board should fail to act on any proposed
          amendment within two months after it is referred to the board the request
          shall be forwarded to the Board of Commissioners without a recommendation.
          However, if the Planning Board is not prepared to make recommendations at
          the public hearing, it may request the board to delay final action on the
          amendment until such time as the Planning Board can present its
          recommendations. The Board of Commissioners is not bound by the
          recommendations, if any, of the Planning Board.

     2.   The Planning Board shall include with its recommendation a written statement
          regarding the consistency of the request with adopted county plans and
          policies.

E.   Board of Commissioners Public Hearing and Action

     1.   Upon receipt of a recommendation from the Planning Board, the Board of
          Commissioners shall conduct a legislative public hearing.

     2.   Notice of public hearing shall be given once a week for two successive weeks
          in a newspaper having general circulation in the county. The notice shall be
          published for the first time not less than 10 days nor more than 25 days
          before the date fixed for the hearing. In computing this period, the date of
          publication shall not be counted but the date of the hearing shall be.

     3.   All required notices shall include the following:

          a.   state the date, time, and place of the applicable meeting/public hearing;


                                           12-4
                     Currituck County Unified Development Ordinance
                                        CHAPTER 12: MAP AND TEXT AMENDMENTS

          b.   summarize the nature and character of the proposal;

          c.   if the proposal involves a change in zoning district classification,
               reasonably identify the property whose classification would be affected
               by the amendment;

          d.   state the time and place or places within the county where the text,
               maps, and plans for the proposal may be examined;

          e.   the full text of the amendment can be obtained from the Planning
               Department; and,

          f.   state that substantial changes in the proposal may be made following the
               public hearing.

     4.   The administrator shall make every reasonable effort to comply with the
          notice provisions set forth in this section. However, it is not the board’s
          intention that failure to comply with any of the notice provisions that are not
          statutorily required shall render any amendment invalid.

     5.   At the conclusion of the public hearing on a proposed amendment, the board
          may proceed to vote on the proposed ordinance, defer action to a subsequent
          meeting, or take any other action consistent with its usual rules of procedure.
          The board is not required to take final action on a proposed amendment
          within any specific period of time, but it should proceed as expeditiously as
          practicable on petitions for amendments since inordinate delays can result in
          the petitioner incurring unnecessary costs.

     6.   The Board of Commissioners shall include with its decision a statement
          regarding the consistency of the request with adopted county plans and
          policies.

     7.   Upon approval of the text amendment, the administrator shall oversee the
          updating of this ordinance to reflect the approved changes.

12.4.2 General Provisions for Text Amendments
In deciding whether to adopt a proposed amendment to this ordinance, the central issue
before the board is whether the proposed amendment advances the public health,
safety, or welfare. All other issues are irrelevant, and all information related to other
issues at the public hearing may be declared irrelevant by the chairman and excluded.




                                          12-5
                     Currituck County Unified Development Ordinance
CHAPTER 12: MAP AND TEXT AMENDMENTS

Section 12.5 Map Amendment (Rezoning) Process

12.5.1 Review Process
The following process shall be followed for any general or conditional district rezoning
request. (PB 07-76, 12/17/07)



                                  1 Pre-application
                                       Meeting
                                  with Administrator




                                     2 Application
                                       Submittal




                             3 Administrator Review and
                                 Recommendation




                           4 Planning Board Review and
                                 Recommendation




                     5 Board of Commissioners Public Hearing
                                   and Action




                                         12-6
                     Currituck County Unified Development Ordinance
                                         CHAPTER 12: MAP AND TEXT AMENDMENTS

A.   Pre-application Meeting
     The applicant shall meet with the administrator for a determination of whether the
     approval process authorized under this section can be utilized.

B.   Application Submittal
     The applicant shall submit to the administrator a fee and complete application
     stating the current and requested zoning of the property. This shall not apply if the
     applicant is the county or an agent of the county.

C.   Administrator Review and Recommendation
     The administrator shall present a written report with his findings concerning the
     applicant’s request.

D.   Planning Board Review and Recommendation

     1.   The planning staff shall mail a notice to all adjacent property owners within
          200 feet of the subject property at least 10, but not more than 25, days prior
          to the Planning Board meeting at which the request is to be heard.

     2.   The Planning Board shall have two months from the initial referral of the
          request by the administrator to either recommend in favor of an amendment
          or in opposition to an amendment in writing by simple majority vote of those
          present and voting. If the Planning Board should fail to act on any proposed
          amendment within two months after it is referred to the board the request
          shall be forwarded to the Board of Commissioners without a recommendation.
          However, if the Planning Board is not prepared to make recommendations at
          the public hearing, it may request the board to delay final action on the
          amendment until such time as the Planning Board can present its
          recommendations. The Board of Commissioners is not bound by the
          recommendations, if any, of the Planning Board.

     2.   The Planning Board shall include with its recommendation a written statement
          regarding the consistency of the request with adopted county plans and
          policies.

E.   Board of Commissioners Public Hearing and Action

     1.   Upon receipt of a recommendation from the Planning Board, the Board of
          Commissioners shall conduct a legislative public hearing.

     2.   Notice of the public hearing shall be given as follows:

          a.   The planning staff shall mail a notice to all property owners within 200
               feet of the extreme limits of the subject site as their names appear in the
               county tax record at least 10 days, but not more than 25 days, prior to



                                          12-7
                     Currituck County Unified Development Ordinance
CHAPTER 12: MAP AND TEXT AMENDMENTS

             the hearing. The notice shall include the date, time, and place of the
             Board of Commissioners hearing and the nature of the application.

        b.   The department shall provide notice to the general public once a week
             for two successive weeks in a newspaper having general circulation in
             the county. The notice shall be published for the first time not less than
             10 days nor more than 25 days before the date fixed for the hearing. In
             computing this period, the date of publication shall not be counted, but
             the date of the hearing shall be counted.

        c.   The department will also post a notice outlining the date, time, place,
             and nature of the hearing in a conspicuous location on the property.

   3.   All required notices shall include the following

        a.   state the date, time, and place of the applicable meeting/public hearing;

        b.   summarize the nature and character of the proposal;

        c.   if the proposal involves a change in zoning district classification,
             reasonably identify the property whose classification would be affected
             by the amendment;

        d.   state the time and place or places within the county where the tax, map,
             and plans for the proposal may be examined;

        e.   the full text of the amendment can be obtained from the Planning
             Department; and,

        f.   state that substantial changes in the proposal may be made following the
             public hearing.

   4.   In instances where an applicant elects to postpone consideration of a
        proposal after required notification has been accomplished, the county shall
        be responsible for resending notice to adjacent property owners with the new
        meeting and/or hearing date as required above. The applicant shall be
        responsible for any applicable fee to the county for re-advertisement.

   5.   The administrator shall make every reasonable effort to comply with the
        notice provisions set forth in this section. However, it is not the board’s
        intention that failure to comply with any of the notice provisions that are not
        statutorily required shall render any decision invalid.

   6.   The Board of Commissioners shall include with its decision a statement
        regarding the consistency of the request with adopted county plans and
        policies and the surrounding area.


                                         12-8
                   Currituck County Unified Development Ordinance
                                         CHAPTER 12: MAP AND TEXT AMENDMENTS


     7.   Upon approval of the map amendment, the administrator shall oversee the
          updating of the zoning map to reflect the approved changes.

12.5.2 General Provisions for Standard Rezonings

A.   When considering proposed standard map amendments (rezonings), the board
     shall not rely upon any representations made by the petitioner that, if the change is
     granted, the rezoned property will be used for only one of the possible range of
     uses permitted in the requested classification. Rather, the board shall consider
     whether the entire range of permitted uses in the requested classification is more
     appropriate than the range of uses in the existing classification. The board shall
     not regard as controlling any advantages or disadvantages to the individual
     requesting the change, but shall consider the impact of the proposed change on
     the public at large.

B.                                                              s
     Areas zoned for non-residential purposes along the county' major arterials have
     been carefully selected, taking into account existing needs and uses. Additional
     areas along these major arterials shall not be rezoned to non-residential districts
     except upon an extraordinary showing of public need or demand and then only to
     expand an adjacent zoning district of the same classification as the district
     requested.

12.5.3 General Provisions for Conditional Zoning Districts (PB 07-76, 12/17/07)

A. Conditional zoning districts are zoning districts in which the development and use of
   the property is subject to standards, regulations, or other conditions imposed as part
   of the legislative decision creating the district and applying it to the particular
   property.

B. A conditional zoning district allows particular uses to be established in accordance
   with specific standards and conditions pertaining to each individual process.

C. See Chapter 2 for detailed provisions for conditional zoning districts.


Section 12.6 Resubmission of Request

A.   Unless the Board of Commissioners find that there have been substantial changes
     in conditions or circumstances bearing on the application, the county shall not
     accept for consideration a petition for a text or map amendment if:

     1.   Within one year prior to the date the petition is submitted, the Board of
          Commissioners has denied a previous rezoning request for the same property
          or has approved a rezoning to a more restrictive classification than requested,



                                           12-9
                      Currituck County Unified Development Ordinance
CHAPTER 12: MAP AND TEXT AMENDMENTS

          or the applicant has withdrawn a previous request after consideration of such
          request by the Planning Board; or,

     2.   Within one year prior to the date the petition is submitted, the Board of
          Commissioners has denied a substantially similar request for a text
          amendment.

B.   The administrator may allow re-submission of such petition within said one year
     period if he determines that, since the date of action on the prior petition:

     1.   There has been a significant change in the zoning district classification of an
          adjacent piece of property;

     2.   The Board of Commissioners has adopted a plan that changes public policy
          regarding how the property affected by the amendment should be developed;

     3.   Construction or expansion of a road, water line, sewer line, or other such
          facilities has occurred to serve the property and can comfortably
          accommodate the intensity of development allowed under the proposed
          classification; or,

     4.   There has been some other extraordinary change in conditions or
          circumstances, outside the control of the petitioner, which justifies waiver of
          the one-year restriction on a new petition. This, however, shall not include a
          change in the ownership of the subject property.




                                         12-10
                     Currituck County Unified Development Ordinance
                   CHAPTER 13:
               BOARD OF ADJUSTMENT
Section                                                            Page

13.1   Appointment and Terms of Board of Adjustment………………..……………. 13-2

13.2   Meetings of the Board of Adjustment…………………………..……………… 13-2

13.3   Quorum…………………………………………………………..……………….. 13-3

13.4   Voting……………………………………………………………………………… 13-3

13.5   Board of Adjustment Officers…………………………………………………… 13-4

13.6   Powers and Duties of the Board of Adjustment………………………………. 13-4

13.7   Review Process……...…………………………………………………………... 13-5

13.8   Variances……………………………………………………………….………… 13-9

13.9   Appeals………………………………………………………………..………….. 13-15

13.10 Interpretations…………………………………………………………..………… 13-16




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                  Currituck County Unified Development Ordinance
CHAPTER 13: BOARD OF ADJUSTMENT

Section 13.1 Appointment and Terms of Board of Adjustment

A.   There shall be a Board of Adjustment consisting of five regular members and two
     alternates, all appointed by the Board of Commissioners. One regular member
     shall reside in each of the county's four Townships (Moyock, Crawford, Poplar
     Branch, and Fruitville). The remaining regular member shall be designated as an at
     large appointee. The at large appointee and both alternates shall reside within the
     county.

B.   Board of Adjustment regular members and alternates shall be appointed for three
     year staggered terms, but both regular members and alternates may continue to
     serve until their successors have been appointed. At the adoption of this
     ordinance the Board of Commissioners shall make appointments at their discretion
     to fulfill statutory requirements of three year terms. Terms shall be on a calendar
     year basis (January 1 through December 31). Vacancies may be filled by the
     Board of Commissioners for the unexpired terms only.

C.   Regular Board of Adjustment members may be removed by the board at any time
     for failure to attend three consecutive meetings or for failure to attend 30 percent or
     more of the meetings within any 12 month period or for any other good cause
     related to performance of duties. Alternate members may be removed for repeated
     failure to attend or participate in meetings.

D.   If a regular or alternate member moves outside the county or outside the township
     represented by that member that shall constitute a resignation from the board,
     effective upon the date a replacement is appointed.

E.   An alternate member may sit in lieu of any regular member. When so seated,
     alternates shall have the same powers and duties as the regular member they
     replace.


Section 13.2 Meetings of the Board of Adjustment

A.   The Board of Adjustment shall establish a regular meeting schedule and shall meet
     frequently enough so that it can take action in conformity with hearing applications
     and requests expeditiously.

B.   The Board of Adjustment shall conduct its meetings in accordance with the quasi
     judicial procedures set forth herein.

C.   Minutes shall be kept of all Board of Adjustment meetings.

D.   All meetings of the Board of Adjustment shall be open to the public, and whenever
     feasible the agenda for each board meeting shall be made available in advance of
     the meeting.


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Section 13.3 Quorum

A.   A quorum for the Board of Adjustment shall consist of four members (including
     alternates sitting in lieu of regular members). A quorum is necessary for the board
     to take official action.

B.   A member who has withdrawn from the meeting without being excused as
     provided in Section 13.4 shall be counted as present for purposes of determining
     whether a quorum is present.


Section 13.4 Voting

A.   The concurring vote of four-fifths (4/5) of the members (regular members or
     alternates sitting in lieu thereof) shall be necessary to reverse any order,
     requirement, decision, or determination of the Administrator or to decide in favor of
     the applicant any matter upon which it is required to pass under any Ordinance
     including the issuance of a conditional use permit or to grant any variance. All
     other actions of the board shall be taken by majority vote, a quorum being present.

B.   Once a member is physically present at a board meeting, any subsequent failure to
     vote shall be recorded as an affirmative vote unless the member has been
     excused in accordance with Subsection C or has been allowed to withdraw from
     the meeting in accordance with Subsection D.

C.   A member may be excused from voting on a particular issue by majority vote of the
     remaining members present under the following circumstances:

     1.   If the member has a direct financial interest in the outcome of the matter at
          issue;

     2.   If the matter at issue involves the member's own official conduct;

     3.   If participation in the matter might violate the letter or spirit of a member's
          code of professional responsibility; or,

     4.   If a member has such close personal ties to the applicant that the member
          cannot reasonably be expected to exercise sound judgment in the public
          interest.

D.   A member may be allowed to withdraw from the entire remainder of a meeting by
     majority vote of the remaining members present for any good and sufficient reason
     other than the member's desire to avoid voting on matters to be considered at that
     meeting.



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CHAPTER 13: BOARD OF ADJUSTMENT

E.   A motion to allow a member to be excused from voting or excused from the
     remainder of the meeting is in order only if made by or at the initiative of the
     member directly affected.

F.   A roll call vote shall be taken upon the request of any member.


Section 13.5 Board of Adjustment Officers

A.   At its first regular meeting in January of each year, the Board of Adjustment shall
     elect one of its regular members to serve as chairman and preside over the
     board's meetings and one regular member to serve as vice-chairman. The
     persons so designated shall serve in these capacities for terms of one year.
     Vacancies may be filled for the unexpired terms only.

B.   The chairman or any member temporarily acting as chairman may administer
     oaths to witnesses coming before the board.

C.   The chairman and vice-chairman may take part in all deliberations and vote on all
     issues.


Section 13.6 Powers and Duties of the Board of Adjustment

A.   The Board of Adjustment shall hear and decide:

     1.   Applications for variances, as provided in this chapter;

     2.   Appeals from any order, decision, requirement, or interpretation made by the
          administrator, as provided this chapter;

     3.   Questions involving interpretations of the zoning map, including disputed
          district boundary lines and lot lines, as provided in this chapter;

     4.   Applications for conditional use permits, as provided in Chapter 11; or,

     5.   Any other matter the board is required to act upon by any other county
          ordinance.

B.   The board may adopt rules and regulations governing its procedures and
     operations not inconsistent with the provisions of this ordinance.




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                     Currituck County Unified Development Ordinance
                                            CHAPTER 13: BOARD OF ADJUSTMENT

Section 13.7 Review Process
The following review process shall be followed for Variances, Appeals, and
Interpretation requests to the Board of Adjustment. The procedure and provisions for
Conditional Use Permits is addressed in Chapter 11 of the UDO.



                                 1 Pre-application
                                     Meeting
                                with Planning Staff




                            2 Application & Evidence
                                    Submittal




                                                     4 TRC & Other Applicable
       3 Planning Staff                                 Agencies Review &
  Review & Recommendation                                Recommendation
                                                           (if required)




                              5 Board of Adjustment
                                 Public Hearing
                                    & Action




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                    Currituck County Unified Development Ordinance
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A.   Pre-Application Meeting
     It is required that an applicant have a pre-application meeting with the
     administrator prior to the submission of the application. Appeals must be taken
     within ten days after the date of the decision of order appealed from.

B.   Application and Evidence Submittal
     All applications covered in this chapter (other than a planned unit development
     variance, see Chapter 4) shall be submitted to the Board of Adjustment by filing a
     copy of the application in the office of the administrator. Conditional use
     applications are addressed in Chapter 11.

C.   Administrator Review and Recommendation
     The administrator shall serve as staff to the Board of Adjustment and shall provide
     technical assistance to the Board of Adjustment as requested. The administrator
     will prepare an analysis for the board prior to the public hearing.

D.   TRC and Other Applicable Agencies Review
     If applicable, a review by an agency, such as TRC, shall occur prior to the public
     hearing. Any information gathered in the review shall be considered in the hearing.

E.   Board of Adjustment Public Hearing and Action

     1.   The Board of Adjustment shall hold a public hearing on an application after a
          complete application has been filed with the administrator. The Board of
          Adjustment shall decide on the matter which was presented at the public
          hearing.

     2.   The Board of Adjustment shall hear and decide all requests as expeditiously
          as possible, consistent with the need to follow regularly established agenda
          procedures.

     3.   Notice of public hearing shall be given as follows:

          a.   The applicant shall notify by certified mail all property owners within 200
               feet of the extreme limits of the subdivision as their names appear in the
               county tax record at least ten days prior to the hearing. The applicable
               names and addresses shall be supplied by the department upon request
               by the applicant. The applicant shall provide the department with a copy
               of the notice sent to property owners and post office receipts at least five
               days prior to the public hearing date. The notice shall include the date,
               time, place, and nature of the hearing.

          b.   The department shall provide notice to the general public of the public
               hearing by publishing the date, time, place, and nature of the hearing at



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     least ten days before the hearing in a newspaper of general circulation in
     the county.

c.   The department will also post a notice outlining the date, time, place,
     and nature of the hearing in a conspicuous location on the property.

d.   All required notices shall include the following:

      i.    State the date, time, and place of the applicable meeting/public
            hearing;
      ii.   Summarize the nature and character of the proposal;
     iii.   If the proposal involves a change in zoning district classification,
            reasonable identify the property whose classification would be
            affected by the amendment;
     iv.    State the time and place or places within the county where the text,
            maps, and plans for the proposal may be examined.
     v.     the full text of the amendment can be obtained from the Planning
            Department; and,
     vi.    State that substantial changes in the proposal may be made
            following the public hearing.

e.   In instances where an applicant elects to postpone consideration of a
     proposal after required notification has been accomplished, the applicant
     shall be responsible for resending notice to adjacent property owners by
     certified mail with the new meeting and/or hearing date as required
     above as well as any applicable fees to the county for re-advertisement.

f.   The administrator shall make every reasonable effort to comply with the
     notice provisions set forth in this section. However, it is not the board’s
     intention that failure to comply with any of the notice provisions that are
     not statutorily required shall render any decision invalid.

g.   All meetings and hearings shall be open to the public, and all persons
     interested in the outcome of the appeal or application shall be given an
     opportunity to present evidence and arguments and ask questions of
     persons who testify.

h.   All persons who intend to present evidence to the permit issuing board
     shall be sworn.

i.   All findings and conclusions necessary to the issuance or denial of the
     requested permit or appeal (crucial findings) shall be based upon reliable
     evidence. Competent evidence (evidence admissible in a court of law)
     shall be preferred whenever reasonably available, but in no case may
     crucial findings be based solely upon incompetent evidence unless
     competent evidence is not reasonably available, the evidence in


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            question appears to be particularly reliable, and the matter at issue is not
            seriously disputed.

       j.   When a matter is taken to the Board of Adjustment, the administrator
            shall have the initial burden of presenting to the bard sufficient evidence
            and argument to justify the order or decision appealed from. The burden
            of presenting evidence and argument to the contrary then shifts to the
            appellant, who shall also have the burden of persuasion. The burden of
            presenting evidence sufficient to allow the Board of Adjustment to reach
            the conclusions set, as well as the burden of persuasion on those
            issues, remains with the applicant seeking the variance.

       k.   In response to questions or comments by persons appearing at the
            hearing or to suggestions or recommendations by the Board of
            Adjustment, the applicant may agree to modify his application, including
            the plans and specifications submitted. Unless such modifications are
            so substantial or extensive that the board cannot reasonably be
            expected to perceive the nature and impact of the proposed changes
            without revised plans before it, the board may approve the application
            with the stipulation that the permit will not be issued until plans reflecting
            the agreed upon changes are submitted to the planning staff.

       l.   Before granting a variance, the board must take a separate vote and
            vote affirmatively (by a 4/5 majority) on each of the required findings. A
            motion to make an affirmative finding shall include a statement of the
            specific reasons or findings of fact supporting such motion.

       m.   A motion to deny a variance may be made on the basis that any one or
            more of the findings are not satisfied or that the application is
            incomplete. Such a motion shall include a statement of the specific
            reasons or findings of fact that support it. This motion is adopted as the
            board's decision if supported by more than one member.

       n.   Any decision made by the Board of Adjustment shall be put into writing
            and mailed via certified mail, return receipt requested, to the applicant
            and all other persons who make a written request for a copy. In addition
            to a statement of the board's ultimate disposition of the case and any
            other information deemed appropriate, the written decision shall state
            the board's findings and conclusions, as well as supporting reasons or
            facts, whenever this ordinance requires the same as a prerequisite to
            taking action.

       o.   The Board of Adjustment may place reasonable and equitable limitations
            on the presentation of evidence and arguments and the cross
            examination of witnesses so that the matter at issue may be heard and
            decided without undue delay.


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                  Currituck County Unified Development Ordinance
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          p.   The Board of Adjustment may continue the hearing until a subsequent
               meeting and may keep the hearing open to take additional information
               up to the point a final decision is made. No further notice of a continued
               hearing need be published unless a period of eight weeks or more
               elapses between hearing dates.

          q.   A tape recording shall be made of all hearings, and such recordings shall
               be kept for at least two years. Accurate minutes shall also be kept of all
               such proceedings, but a transcript need not be made.

          r.   Whenever practical, all documentary evidence presented at a hearing,
               as well as all other types of physical evidence shall be made a part of
               the recording of the proceedings and shall be kept by the county for at
               least two years.


Section 13.8 Variances

13.8.1 Administrative Variances

A.   The administrator shall have the authority shall have the authority, as qualified
     below, to approve a reduction in the minimum setback requirements in the case of
     any building existing or partially constructed which does not comply with such
     requirements applicable at the time such building was erected. Such reduction
     may be approved in accordance with the following provisions:

     1.   The error does not exceed ten percent of the measurement that is involved,
          or one foot whichever is less;

     2.   The noncompliance was done in good faith, or through no fault of the property
          owner, or was the result of an error in the location of the building subsequent
          to the issuance of a building permit, if such was required;

     3.   Such reduction will not impair the purpose and intent of the ordinance;

     4.   The reduction will not be detrimental to the use and enjoyment of other
          property in the immediate vicinity;

     5.   The reduction will not create an unsafe condition with respect to both other
          property and public streets;

     6.   To enforce compliance with the minimum yard requirements would cause
          unreasonable hardship upon the owner; and,




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                     Currituck County Unified Development Ordinance
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     7.   The reduction will not result in an increase in density or impervious surface
          coverage from that permitted by the ordinance.

B.   Applications for an administrative variance shall be submitted to the Planning
     Department. The application shall be in such form and contain such information
     and documentation as shall be prescribed from time to time by the department but
     shall in all instances contain at least the following:

     1.   The name, address, and phone number of the applicant. If the applicant is
          not the owner of the property in question, (i) the name, address, and phone
          number of the owner and (ii) the legal relationship of the applicant to the
          owner that entitles the applicant to make application.

     2.   Three copies of an as-built survey not to exceed 24” x 36” inches nor be less
          than 8.5” x 11”. The as-built survey shall be drawn on dimensionally stable
          reproducible sheets and shall be drawn to scale and shall be at a scale of one
          inch equals 50 feet or larger. The survey shall include the following:

          a.   Property lines, rights-of-way and easements within 50 feet as a minimum
               of adjoining parcels.

          b.   Current zoning of the subject site and adjacent properties; adjacent
               platted and unplatted parcels shall be identified with the legal description
               and owner's name.

          c.   Boundaries of the property with dimensions and with building setback
               lines on all sides.

          d.   Existing and proposed streets with right-of-way dimension, lots,
               reservations, easements and areas dedicated to public use.

          e.   Location of existing and proposed buildings; number of stories; gross
               square footage; retaining walls, fences, culverts, bridges, roadways.

          f.   Limits of existing flood hazard areas.

          g.   Location of existing and proposed utilities (water, septic/sewer, gas,
               electric, telephone) with related easements.

          h.   Location of power poles, guy wires and other major electrical equipment.

          i.   Location of existing and proposed parking; location of existing and
               proposed access and driveways.

          j.   Location, size and height of any signs.



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                     Currituck County Unified Development Ordinance
                                              CHAPTER 13: BOARD OF ADJUSTMENT

          k.   Location and nature of existing and proposed fencing and/or screening
               and general landscaping.

          l.   North arrow, scale, acreage.

          m.   A clear designation of the features of the proposed development or use
               which require a variance and the extent of the variance requested.

          n.   Any other information that may be required to be shown on the site plan
               by the administrator to determine that the application is in compliance
               with the codes and ordinances of the county.

     3.   A statement of the particular requirements of the ordinance by citation and
          description.

     4.   A statement of the characteristics of the subject property which prevents
          compliance with the requirements of the ordinance.

     5.   A statement of the minimum variance of the requirements of the ordinance
          which would be necessary to permit the proposed activity.

     6.   A statement of the exceptional or undue hardship which would result if said
          particular requirements of this ordinance were applied to the subject property.

     7.   Any additional information and documentation as the director or designee
          may deem necessary or appropriate to a full and proper consideration and
          disposition of the particular application.

     8.   A review fee as determined by the Board of Commissioners and included in
          the Currituck County fee schedule.

C.   Upon receipt of a completed application the administrator shall determine whether
     the variance requested meets the criteria outlined above for an administrative
     variance. In any case where the variance requested does not meet the criteria
     listed above, the applicant may apply to the Board of Adjustment for hearing and
     decision as provided by the ordinance.

D.   The administrator shall provide written notice to property owners within 200 feet of
     the subject property and accept written statements for ten working days from the
     date of mailing and shall grant or deny the administrative variance.

E.   In taking any such action, the administrator shall be governed by all the
     procedures, standards, and limitations of this ordinance applicable to the Board of
     Adjustment in granting administrative variances, except the public hearing
     requirements.



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F.   Within 30 working days after the application for administrative variance is
     submitted and accepted, the administrator shall approve, conditionally approve, or
     deny the application. The administrator shall inform the applicant in writing of the
     conditions, if any, for approval or the reasons for disapproval. Such written notice
     shall also describe the process of appeals.

G.   The decision of the administrator may be appealed by the applicant to the Board of
     Adjustment.

13.8.2 Standard Variances

A.   A variance may be granted by the Board of Adjustment if it concludes that strict
     enforcement of the ordinance would result in practical difficulties or unnecessary
     hardships for the applicant and that, by granting the variance, the spirit of the
     ordinance will be observed, public safety and welfare secured, and substantial
     justice done. It may reach these conclusions if it makes detailed written findings
     that:

     1.   If the applicant complies strictly with the provisions of the ordinance, he can
          make no reasonable use of his property;

     2.   The hardship of which the applicant complains is one suffered by the
          applicant rather than by neighbors or the general public;

     3.   The hardship relates to the applicant's land, rather than personal
          circumstances;

     4.   The hardship is unique, or nearly so, rather than one shared by many
          surrounding properties;

     5.   The hardship is not the result of the applicant's own actions; and,

     6.   The variance will neither result in the extension of a nonconforming situation
          in violation of Chapter 16 nor authorize the initiation of a nonconforming use
          of land.

B.   In granting variances, the Board of Adjustment may impose such reasonable
     conditions as will ensure that the use of the property to which the variance applies
     will be as compatible as practicable with the surrounding properties. In granting a
     variance the Board of Adjustment shall make detailed written findings of fact and
     conclusions arising from the facts which explain and justify the decision, which
     written findings and conclusions shall be incorporated into the minutes of the
     meeting.




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                     Currituck County Unified Development Ordinance
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C.   A variance may be issued for an indefinite duration or for a specified duration only.
     However, the variance from the terms of this Ordinance shall continue for so long
     as the principal structure shall remain habitable.

13.8.3 Flood Damage Prevention Variances

A.   A variance from any of the requirements set forth in the Flood Damage Prevention
     Ordinance in Chapter 6, may be issued by the Board of Adjustment for:

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

     2.   Functionally dependant facilities if determined to meet the definition as stated
          in this ordinance.

     3.   Any other type of development provided it meets the requirements stated in
          this section.

B.   In passing upon variances, the board shall consider all technical evaluations, all
     relevant factors, all standards specified in other sections of this ordinance, and:

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

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

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

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

     5.   The necessity to the facility of a waterfront location as a functionally
          dependant facility, where applicable;

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

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

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



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

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

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

C.   A written report addressing each of the above factors shall be submitted with the
     application for a variance.

D.   Upon consideration of the factors listed above and the purposes of this ordinance,
     the board may attach such conditions to the granting of variances as it deems
     necessary to further the purposes of this ordinance.

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

F.   Conditions for Variances:

     1.   Variances shall not be issued when the variance will make the structure in
          violation of other Federal, State, or local laws, regulations, or ordinances.

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

     3.   Variances shall only be issued upon:

          a.   A showing of good and sufficient cause;

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

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




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                     Currituck County Unified Development Ordinance
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G.   A variance may be issued for solid waste disposal facilities, hazardous waste
     management facilities, salvage yards, and chemical storage facilities that are
     located in Special Flood Hazard Areas provided that all of the following conditions
     are met.

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

     2.   No feasible location exists for the use outside the Special Flood Hazard Area.

     3.   The reference level of any structure is elevated or flood-proofed to at least the
          regulatory flood protection elevation.

     4.   The use complies with all other applicable Federal, State, and local laws.

     5.   The Currituck County Board of Adjustment has notified the Secretary of the
          North Carolina Department of Crime Control and Public Safety of its intention
          to consider a variance at least 30 calendar days prior to granting the variance.

H.   Any applicant to whom a variance is granted shall be given written notice
     specifying the difference between the Base Flood Elevation (BFE) and the
     elevation to which the structure is to be built and a written statement that the cost
     of flood insurance will be commensurate with the increased risk resulting from the
     reduced reference level elevation. Such notification shall be maintained with a
     record of all variance actions.

I.   The floodplain administrator shall maintain the records of all appeal actions and
     report any variances to the Federal Emergency Management Agency and the
     State of North Carolina upon request.


Section 13.9 Appeals

13.9.1 Initiation and Application

A.   An appeal from any final order or decision of the administrator may be taken to the
     Board of Adjustment by any person aggrieved. An appeal is taken by filing with the
     administrator and the Board of Adjustment a written notice of appeal specifying the
     grounds therefore. A notice of appeal shall be considered filed with the
     administrator and the Board of Adjustment when delivered to the office of the
     administrator, and the date and time of filing shall be entered on the notice by the
     staff.

B.   An appeal must be taken within ten days after the date of the decision or order
     appealed from.




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C.   Whenever an appeal is filed, the administrator shall forthwith transmit to the Board
     of Adjustment all the papers constituting the record relating to the action appealed
     from.

13.9.2 Stay of Proceedings
An appeal stays all actions by the administrator seeking enforcement of or compliance
with the order or decision appealed from, unless the administrator sends a written notice
to the Chairman of the Board of Adjustments setting forth detailed reasons, which
written notice shall constitute the certificate requirement of N.C.G.S. 153A-345(b) that a
stay would, in his opinion, cause imminent peril to life or property. If, after the
administrator has sent the written notice to the chairman of the Board of Adjustments
and has allowed the violator a reasonable opportunity to comply with the ordinance, the
violation persists and there is imminent peril to life or property, the administrator may
immediately seek injunctive relief from the courts. In that case, proceedings shall not be
stayed except by order of the Board of Adjustment or a court, issued on application of
the party seeking the stay, for due cause shown, after notice to the administrator.

13.9.3 Board of Adjustment Action

A.   The Board of Adjustment may reverse or affirm (wholly or partly) or may modify the
     order, requirement or decision or determination appealed from and shall make any
     order, requirement, decision or determination that in its opinion should be made in
     the case before it. To this end, the board shall have all the powers of the officer
     from whom the appeal is taken. In reversing or modifying the order, requirement,
     decision, or determination of the administrator, the Board of Adjustment shall make
     detailed written findings of fact and conclusions arising from the facts which explain
     and justify the decision, which written findings and conclusions shall be
     incorporated into the minutes of the meeting.

B.   With respect to appeals, a motion to reverse, affirm, or modify the order,
     requirement, decision, or determination appealed from shall include a statement of
     the specific reasons or findings of facts that support the motion. If a motion to
     reverse or modify is not made or fails to receive the four-fifths (4/5) vote necessary
     for adoption, then a motion to uphold the decision appealed from shall be in order.
     This motion is adopted as the board's decision if supported by more than one
     member (i.e. regular member or alternate sitting in lieu thereof).

C.   Each decision of the board is considered a final decision when the decision has
     been typed by the office of the administrator and signed by the administrator, his
     staff, or designee.


Section 13.10 Interpretations

A.   The Board of Adjustment is authorized to interpret the zoning map and to pass
     upon disputed questions of lot lines or district boundary lines and similar questions.


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     If such questions arise in the context of an appeal from a decision of the
     administrator, they shall be handled as provided in this chapter.

B.   An application for zoning map interpretation shall be submitted to the Board of
     Adjustment by filing a copy of the application in the office of the administrator. The
     application shall contain sufficient information to enable the board to make the
     necessary interpretation.

C.   Interpretations of the location of floodway and floodplain boundary lines may be
     made by the administrator as provided in this ordinance.




                                          13-17
                     Currituck County Unified Development Ordinance
               CHAPTER 14:
       PLANNING BOARD AND BOARD OF
              COMMISSIONERS
Section                                                            Page

14.1   Appointment and Terms of Planning Board Members……………………….. 14-2

14.2   Meetings of the Planning Board………………………………………………… 14-2

14.3   Quorum and Voting…………………………………………….………………... 14-3

14.4   Planning Board Officers……………………………………….………………… 14-3

14.5   Powers and Duties of the Planning Board…………………….………………. 14-3

14.6   Planning Board Advisory Committees………….……………...………………. 14-4

14.7   Role of the Board of County Commissioners…………………………………..14-4




                                      14-1
                  Currituck County Unified Development Ordinance
CHAPTER 14: PLANNING BOARD AND BOARD OF COMMISSIONERS

Section 14.1 Appointment and Terms of Planning Board Members

A.   There shall be a Planning Board consisting of nine members appointed by the
     Board of Commissioners. At least two members shall reside in each of the
     county's four Townships (Fruitville, Poplar Branch, Crawford, and Moyock), and the
     remaining member shall be designated as an at large appointee and shall reside
     within the county.

B.   Planning Board members shall be appointed for three year staggered terms, but
     members may continue to serve until their successors have been appointed.
     Terms shall be on a calendar year basis (January 1 through December 31).
     Vacancies shall be filled by the Board of Commissioners for the unexpired terms
     only.

C.   Planning Board members may be removed by the Board of Commissioners at any
     time for failure to attend three consecutive meetings or for failure to attend 30
     percent or more of the meetings within any 12 month period or for any other good
     cause related to performance of duties. Upon request of the member proposed for
     removal, the Board of Commissioners shall hold a hearing on the removal before it
     becomes effective.

D.   If a Planning Board member changes his or her residence to a location outside the
     Township that such member represents or outside the county, that shall constitute
     a resignation from the Planning Board, effective upon the date a replacement is
     appointed by the board.


Section 14.2 Meetings of the Planning Board

A.   The Planning Board shall establish a regular meeting schedule and shall meet
     frequently enough so that it can take action in conformity with hearing applications
     and requests expeditiously.

B.   Since the Planning Board has only advisory authority, it need not conduct its
     meetings strictly in accordance with the quasi-judicial procedures set forth for the
     Board of Adjustment. However, it shall conduct its meetings so as to obtain
     necessary information and to promote the full and free exchange of ideas.

C.   Minutes shall be kept of all Planning Board proceedings.

D.   All Planning Board meetings shall be open to the public, and whenever feasible the
     agenda for each board meeting shall be made available in advance of the meeting.




                                          14-2
                     Currituck County Unified Development Ordinance
                 CHAPTER 14: PLANNING BOARD AND BOARD OF COMMISSIONERS


Section 14.3 Quorum and Voting

A.   A quorum for the Planning Board shall consist of five members. A quorum is
     necessary for the Board to take official action.

B.   All actions of the Planning Board shall be taken by majority vote, a quorum being
     present.

C.   A roll call vote shall be taken upon the request of any member.


Section 14.4 Planning Board Officers

A.   At its first meeting in January of each year, the Planning Board shall elect one of its
     members to serve as chairman and preside over the board's meetings and one
     member to serve as vice-chairman. The persons so designated shall serve in
     these capacities for terms of one year. Vacancies in these offices may be filled for
     the unexpired terms only.

B.   The chairman and vice-chairman may take part in all deliberations and vote on all
     issues.


Section 14.5 Powers and Duties of the Planning Board

A.   The Planning Board may:

     1.   Make studies and recommend to the Board of Commissioners plans, goals
          and objectives relating to the growth, development, and redevelopment of the
          county;

     2.   Develop and recommend to the Board of Commissioners policies,
          ordinances, administrative procedures, and other means for carrying out
          plans in a coordinated and efficient manner;

     3.   Make recommendations to the Board of Commissioners concerning proposed
          special use permits and proposed zoning map and text changes; and,

     4.   Perform any other duties assigned by the Board of Commissioners.

B.   The Planning Board may adopt rules and regulations governing its procedures and
     operations not inconsistent with the provisions of this ordinance.




                                           14-3
                      Currituck County Unified Development Ordinance
CHAPTER 14: PLANNING BOARD AND BOARD OF COMMISSIONERS


Section 14.6 Planning Board Advisory Committees

A.   From time to time, the Board of Commissioners may appoint one or more
     individuals to assist the Planning Board to carry out its planning responsibilities
     with respect to a particular subject area. By way of illustration, the Board of
     Commissioners may appoint Advisory Committees to consider Thoroughfare
     Plans, Housing Plans, Economic Development Plans, Area Plans, etc.

B.   Members of such advisory committees shall sit as nonvoting members of the
     Planning Board when such issues are being considered and lend their talents,
     energies, and expertise to the Planning Board.         However, all formal
     recommendations to the Board of Commissioners shall be made by the Planning
     Board.

C.   Nothing in this section shall prevent the Board of Commissioners from establishing
     independent advisory groups, committees, or commissions to make
     recommendations on any issue directly to the Board of Commissioners.


Section 14.7 Role of the Board of County Commissioners

A.   The Board of Commissioners, in considering special use permit applications, shall
     act in a quasi-judicial capacity and, accordingly, is required to observe procedural
     requirements set forth in Chapter 11.

B.   In considering proposed changes in the text of this ordinance or on the zoning
     map, the board shall act in its legislative capacity and must proceed in accordance
     with the requirements of Chapter 12.

C.   In acting upon special use permit requests or in considering amendments to this
     ordinance or the zoning atlas, the board shall follow the quorum, voting, and other
     requirements as set forth in NCGS Chapter 153A and other provisions of law.




                                          14-4
                     Currituck County Unified Development Ordinance
                     CHAPTER 15:
                    ADMINISTRATION
Section                                                           Page

15.1   Administrator………………….….….……….…………………...…………….... 15-2

15.2   Violations of Ordinance…………………………………….……………………. 15-2

15.3   Permit Revocation and Judicial Review……………………………………..….15-3




                                     15-1
                 Currituck County Unified Development Ordinance
CHAPTER 15: ADMINISTRATION

Section 15.1 Administrator

A.   Primary responsibility for administering and enforcing this ordinance may be
     assigned to one or more individuals by the County Manager. The person or
     persons to whom these functions are assigned shall be referred to in this
     ordinance as the "Administrator".         The terms "Planning staff", “Zoning
     Administrator”, “Subdivision Administrator” are sometimes used interchangeably
     with the term "Administrator." Any function or responsibility assigned by this
     ordinance to the administrator may be delegated by such person to another
     employee or agent acting under the administrator's control or at his direction,
     unless such delegation is prohibited by the County Manager.

B.   It shall be the duty of the administrator to carry out and enforce this ordinance,
     remedy violations of this ordinance, and issue permits in compliance with this
     ordinance.

C.   The administrator shall also maintain a record of all permits, text amendments,
     map amendments, subdivisions, approvals, and violations on file at his office, and
     copies shall be made available on request to interested parties.


Section 15.2 Violations of Ordinance

15.2.1 Complaints Regarding Violations
Whenever the administrator receives a written, signed complaint alleging a violation of
this ordinance, he shall investigate the complaint, take whatever action is warranted,
and inform the complainant in writing what actions have been or will be taken.

15.2.2 Persons Liable
The owner, tenant, or occupant of any building or land or part thereof and any architect,
builder, contractor, agent or other person who participates in, assists, directs, creates,
or maintains any situation that is contrary to the requirements of this ordinance may be
held responsible for the violation and suffer the penalties and be subject to the remedies
herein provided.

15.2.3 Procedures Upon Discovery of Violations

A.   If the administrator finds that any provision of this ordinance is being violated, he
     shall serve written notice to the person responsible for such violation, indicating the
     nature of the violation and ordering the action necessary to correct it. Additional
     written notices may be sent at the administrator's discretion.

B.   The final written notice (and the initial written notice may be the final notice) shall
     state what action the administrator intends to take if the violation is not corrected
     and shall advise that the administrator's decision or order may be appealed to the
     Board of Adjustment.


                                           15-2
                      Currituck County Unified Development Ordinance
                                                        CHAPTER 15: ADMINISTRATION


C.   In cases when delay would seriously threaten the effective enforcement of this
     ordinance or pose a danger to the public health, safety, or welfare, the
     administrator may seek enforcement without prior written notice by invoking any of
     the penalties or remedies.

15.2.4 Penalties and Remedies for Violations

A.   Violations of the provisions of this ordinance or failure to comply with any of its
     requirements, including violations of any conditions and safeguards established in
     connection with grants of variances or special use or conditional use permits, shall
     constitute a misdemeanor, punishable by a fine of up to 500 dollars or a maximum
     30 days imprisonment as provided in the North Carolina General Statutes.

B.   Any act constituting a violation of the provisions of this ordinance or a failure to
     comply with any of its requirements, including violations of any conditions and
     safeguards established in connection with the grants of variances or special use or
     conditional use permits, shall also subject the offender to a civil penalty of 100
     dollars for each day the violation continues. If the offender fails to pay this penalty
     within ten days after being cited for a violation, the penalty may be recovered by
     the county in a civil action in the nature of debt. A civil penalty may not be
     appealed to the Board of Adjustment if the offender was sent a final notice of
     violation and did not take an appeal to the Board of Adjustment within the
     prescribed time. Each day that any violation continues after notification by the
     administrator that such violation exists shall be considered a separate offense for
     purposes of the penalties and remedies specified in this section.

C.   This ordinance may also be enforced by any appropriate equitable action, including
     an injunction or order of abatement.

D.   Any one, all, or any combination of the foregoing penalties and remedies may be
     used to enforce this Ordinance.


Section 15.3 Permit Revocation and Judicial Review

15.3.1 Permit Revocation

A.   A permit may be revoked by the permit issuing authority (in accordance with the
     provisions of this section) if the permit recipient fails to develop or maintain the
     property in accordance with the plans submitted, the requirements of this
     ordinance, or any additional requirements lawfully imposed by the permit issuing
     board.

B.   Before a conditional use or special use permit may be revoked, all of the notice
     and hearing and other requirements shall be complied with. The notice shall


                                           15-3
                      Currituck County Unified Development Ordinance
CHAPTER 15: ADMINISTRATION

     inform the permit recipient of the alleged grounds for the revocation. The burden
     of presenting evidence sufficient to authorize the permit issuing authority to
     conclude that a permit should be revoked for any of the reasons set forth in this
     section shall be upon the party advocating that position. The burden of persuasion
     shall also be upon that party. A motion to revoke a permit shall include, insofar as
     practicable, a statement of the specific reasons or findings of fact that support the
     motion.

C.   Before a zoning permit may be revoked, the administrator shall give the permit
     recipient ten days notice of intent to revoke the permit and shall inform the
     recipient of the alleged reasons for the revocation and of his right to obtain an
     informal hearing on the allegations. If the permit is revoked, the administrator shall
     provide to the permittee a written statement of the decision and the reasons
     therefore.

D.   No person may continue to make use of land or buildings in the manner authorized
     by any zoning, special use or conditional use permit after such permit has been
     revoked in accordance with this section.

E.   The administrator may revoke any zoning permit issued for a sign under this
     chapter for any of the following reasons:

     1.   Issuance of the permit under a mistake of material fact when, had the correct
          fact been known, the permit would not have been issued;

     2.   Misrepresentation of a material fact by the applicant for a sign permit; or,

     3.   Failure to comply with any of the provisions of this chapter, except that a
          permit for a nonconforming sign may not be revoked so long as the
          nonconforming situation is allowed to continue pursuant to Chapter 16.

F.   Before revoking a zoning permit issued for a sign, the administrator shall give the
     sign owner 20 days notice by certified mail of his intent to revoke the permit and
     shall inform such persons of the reasons for the proposed revocation and of his
     right to obtain an informal hearing on the allegations. If the permit is revoked, the
     administrator shall provide to the owner a written statement of the decision and the
     reasons thereof. The administrator shall also inform the owner of his right to
     appeal the decision to the Board of Adjustment.

G.   No person may continue to operate, maintain, or leave standing any sign or part or
     component thereof for more than ten days after the permit authorizing such sign
     has been revoked or expired under this section.




                                          15-4
                     Currituck County Unified Development Ordinance
                                                       CHAPTER 15: ADMINISTRATION

15.3.2 Judicial Review

A.   Every decision of the Board of Commissioners granting or denying a special use
     permit and of the Board of Adjustment granting or denying a conditional use permit
     shall be subject to review by the Superior Court of Currituck County by
     proceedings in the nature of Certiorari.

B.   The petition for the Writ of Certiorari must be filed with the Currituck County Clerk
     of Court within 30 days after the later of the following occurrences:

     1.   A written copy of the board's decision has been filed in the office of the
          administrator; and,

     2.   A written copy of the board's decision has been delivered, by personal service
          or certified mail, return receipt requested, to the applicant or appellant and
          every other aggrieved party who has filed a written request for such copy at
          the hearing of the case.

C.   A copy of the petition for Writ of Certiorari shall be served upon Currituck County.




                                           15-5
                     Currituck County Unified Development Ordinance
                          CHAPTER 16:
                    NONCONFORMITIES
Section                                                               Page

16.1   Continuation of Nonconforming Situations…………………………………... 16-2

16.2   Nonconforming Lots…………………………………………………………….. 16-2

16.3   Extension or Enlargement of Nonconforming Situations……………………. 16-3

16.4   Repair, Maintenance, and Reconstruction…………………………………… 16-5

16.5   Change in Use of Nonconforming Situations………………………………… 16-6

16.6   Abandonment and Discontinuance of Nonconforming Situations………… 16-7

16.7   Completion of Nonconforming Projects……………………………………… 16-8

16.8   Nonconforming Bufferyards…..………………………………………………… 16-9

16.9   Nonconforming Signs…………………………………………………………… 16-9

16.10 Nonconforming Parking and Loading Areas…………………………………. 16-14




                                       16-1
                   Currituck County Unified Development Ordinance
CHAPTER 16: NONCONFORMITIES

Section 16.1 Continuation of Nonconforming Situations

Unless otherwise specifically provided in these regulations and subject to the
restrictions and set forth in Chapter 16, nonconforming situations that were otherwise
lawful on the effective date of this ordinance may be continued.


Section 16.2 Nonconforming Lots

A.   This section applies only to undeveloped nonconforming lots. A lot is undeveloped
     if it has no substantial structures upon it. A change in use of a developed
     nonconforming lot may be accomplished in accordance with this Chapter.

B.   When a nonconforming lot can be used in conformity with all of the regulations
     (other than the area and width requirements) applicable to the district in which the
     lot is located, then the lot may be used as proposed just as if it were conforming.
     However, no use (e.g., a two-family residence) that requires a greater lot size than
     the established minimum lot size for a particular zone is permissible on a
     nonconforming lot.

C.   When the use proposed for a nonconforming lot is one that is conforming in all
     other respects but the applicable setback requirements cannot reasonably be
     complied with, then the entity authorized by this ordinance to issue a permit for the
     proposed use (the Administrator, Board of Adjustment, or Board of
     Commissioners) may allow deviations from the applicable setback requirements if
     it finds that:

     1.   The property cannot reasonably be developed for the use proposed without
          such deviations;

     2.   These deviations are necessitated by the size or shape of the nonconforming
          lot; and

     3.   The property can be developed as proposed without any significantly adverse
          impact on surrounding properties or the public health or safety.

D.   For the purposes of Subsection C above, compliance with applicable building
     setback requirements is not reasonably possible if a building that serves the
     minimal needs of the use proposed for the nonconforming lot cannot practicably be
     constructed and located on the lot in conformity with such setback requirements.
     However, mere financial hardship does not constitute grounds for finding that
     compliance is not reasonably possible.




                                          16-2
                     Currituck County Unified Development Ordinance
                                                   CHAPTER 16: NONCONFORMITIES



Section 16.3 Extension or Enlargement of Nonconforming Situations

A.   Except as specifically provided in this section, no person may engage in any
     activity that causes an increase in the extent of nonconformity of a nonconforming
     situation. In particular, physical alteration of structures or the placement of new
     structures on open land is unlawful if such activity results in:

     1.   An increase in the total amount of space devoted to a nonconforming use; or

     2.   Greater nonconformity with respect to dimensional restrictions such as
          setback requirements, height limitations or density requirements or other
          requirements such as parking requirements.

B.   A nonconforming use may be extended throughout any portion of a completed
     building that, when the use was made nonconforming by this ordinance, was
     manifestly designed or arranged to accommodate such use. However, a
     nonconforming use may not be extended to additional buildings or to land outside
     the original building.

C.   A nonconforming use of open land may not be extended to cover more land than
     was occupied by that use when it became nonconforming, except that a use that
     involves the removal of natural materials from the lot (e.g., a sand pit) may be
     extended to the boundaries of the lot where the use was established at the time it
     became nonconforming if ten percent or more of the earth products had already
     been removed on the effective date of this Ordinance.

D.   The volume, intensity, or frequency of use of property where a nonconforming
     situation exists may be increased and the equipment or processes used at a
     location where a nonconforming situation exists may be changed if these or similar
     changes amount only to changes in the degree of activity rather than changes in
     kind and no violations of other paragraphs of this section occur.

E.   Notwithstanding Subsection A:

     1.   Any structure used for single-family residential purposes (other than a class
          "B" or "C" mobile home) may be enlarged or replaced with a similar structure
          so long as the enlargement or replacement does not create new
          nonconformities or increase the extent of existing nonconformities with
          respect to such matters as setback and parking requirements; and,




                                         16-3
                     Currituck County Unified Development Ordinance
CHAPTER 16: NONCONFORMITIES


     2.   A nonconforming class "B" or "C" mobile home (located outside a mobile
          home park) may be replaced with a site built home or class “A” or "B" mobile
          home that was manufactured in the same year or later than the home being
          replaced and is as large or larger than the home being replaced, so long as:

          a.   The replacement home is moved onto the lot within 180 days of removal
               of the original mobile home;

          b.   All necessary permits have been issued by Albemarle Regional Health
               Services relating to the installation and operation of a satisfactory
               sewage treatment system;

          c.   Underpinning of all-weather base material is placed around the mobile
               home or, in the case of a class “A” mobile home, a masonry curtain wall;
               and

          d.   All setbacks are met to the extent feasible.

F.   The administrator may issue a zoning permit authorizing a permanent addition to a
     nonconforming mobile home if all other requirements of this ordinance are met.

G.   Whenever: (i) there exists a lot with one or more structures on it; and, (ii) a change
     in use that does not involve any enlargement of a structure is proposed for such
     lot; and, (iii) the parking or loading requirements of Chapter 8 that would be
     applicable as a result of the proposed change cannot be satisfied on such lot
     because there is not sufficient area available on the lot that can practicably be
     used for parking or loading, then the proposed use shall not be regarded as
     resulting in an impermissible extension or enlargement of a nonconforming
     situation.

H.   The applicant shall be required to comply with all applicable parking and loading
     requirements that can be satisfied without acquiring additional land, and shall also
     be required to obtain satellite parking in accordance with Section 8.6 if: (i) parking
     requirements cannot be satisfied on the lot with respect to which the permit is
     required; and, (ii) such satellite parking is reasonably available. If such satellite
     parking is not reasonably available at the time the zoning or special use or
     conditional use permit is granted, then the permit recipient shall be expected to
     provide satellite parking upon its availability. This requirement shall be a
     continuing condition of the permit.

I.   Notwithstanding any other provision of this ordinance, additional right-of-way along
     an existing street may be condemned, and a property owned may at the request of
     the county or state dedicate or convey additional right-of-way even if such
     condemnation, conveyance or dedication results in the creation of                  a
     nonconforming situation.


                                          16-4
                     Currituck County Unified Development Ordinance
                                                   CHAPTER 16: NONCONFORMITIES


J.   Improvements to water and sewage treatment systems in order to accommodate
     more mobile homes in a mobile home park shall be considered an enlargement of
     a nonconforming situation and shall not be permitted. However, improvements to a
     water and sewage treatment system serving a mobile home park for the purpose of
     improving public health that will not result in an increase in the number of mobile
     homes within the park shall be permitted.

K.   Nonconforming manufactured home parks shall be permitted to continue operation
     subject to the following stipulations:

     1.   Nonconforming manufactured home parks shall not be expanded or
          increased in size nor shall any additional spaces be added to the site;

     2.   Replacement of existing manufactured homes within a nonconforming
          manufactured home park shall be permitted, provided that the total number of
          units (or spaces) within the park does not exceed the number that legally
          existed on April 1, 2002.

Section 16.4 Repair, Maintenance, Reconstruction

A.   The limitations of this section shall not apply to structures used for single-family
     residential purposes, which may be reconstructed, renovated, restored, or replaced
     subject to the provisions of Section 16.3 (E) (1) and (2).

B.   With respect to structures located on property where nonconforming situations
     exist:

     1.   Repair and maintenance are encouraged;

     2.   Renovation, restoration, or reconstruction work is permissible so long as such
          work seeks only to refurbish or replace what previously existed and no
          violation of Chapter 16 occurs. The fact that renovation, restoration, or
          reconstruction work may require a permit under Chapter 11 shall not make
          such work impermissible so long as the work is otherwise consistent with this
          section;

     3.   Renovation, restoration, or reconstruction shall be allowed if: (i) the work is
          estimated to not cost more than 25 percent of the appraised value of the
          structure to be renovated, restored, or reconstructed; and, (ii) the need for
          such work is not the result of damage to the structure intentionally caused by
          a person with an ownership interest in such structure; or,

     4.   Renovation, restoration, or reconstruction work estimated to cost more than
          twenty five percent 25 percent of the appraised value of the structure to be
          renovated, restored, or reconstructed shall only be permissible if the permitee


                                          16-5
                     Currituck County Unified Development Ordinance
CHAPTER 16: NONCONFORMITIES

          or property owner complies to the extent reasonably possible with all
          provisions of this Ordinance applicable to the existing use (except that the
          right to continue a nonconforming use or maintain a nonconforming level of
          density shall not be lost).

C.   For purposes of Subsection B:

     1.   The "cost" of renovation, restoration, or reconstruction shall mean the fair
          market value of the materials and services necessary to accomplish such
          renovation, restoration, or reconstruction;

     2.   The "cost" referred to above shall mean the total cost of all such intended
          work, and no person may seek to avoid the intent of Subsections B or C
          above by doing such work incrementally;

     3.   The "appraised valuation" shall mean either the appraised valuation for
          property tax purposes, updated as necessary by the increase in the consumer
          price index since the date of the last valuation, or the valuation determined by
          a professionally recognized property appraiser; and,

     4.   Compliance with a requirement of this ordinance is not reasonably possible if
          compliance cannot be achieved without adding additional land to the lot
          where the nonconforming situation is maintained or moving a substantial
          structure that is on a permanent foundation. Mere financial hardship caused
          by the cost of meeting such requirements as paved parking does not
          constitute grounds for finding that compliance is not reasonably possible.


Section 16.5 Change in Use of Property with a Nonconforming Situation

A.   A change in use of property (where a nonconforming situation exists) that is
     sufficiently substantial to require a new zoning, special use, or conditional use
     permit in accordance with Chapter 11 may not be made except in accordance with
     Subsections B through E below. However, this requirement shall not apply if only
     a sign permit is needed.

B.   If the intended change in use is to a principal use that is permissible in the district
     where the property is located, and all of the other requirements of this ordinance
     applicable to that use can be complied with, permission to make the change must
     be obtained in the same manner as permission to make the initial use of a vacant
     lot. Once conformity with this ordinance is achieved, the property may not revert to
     its nonconforming status.

C.   If the intended change in use is to a principal use that is permissible in the district
     where the property is located, but all of the requirements of this ordinance
     applicable to that use cannot reasonably be complied with, then the change is


                                           16-6
                      Currituck County Unified Development Ordinance
                                                    CHAPTER 16: NONCONFORMITIES

     permissible if the entity authorized by this ordinance to issue a permit for that
     particular use (the Administrator, Board of Adjustment, or Board of
     Commissioners) issues a permit authorizing the change. This permit may be
     issued if the permit issuing authority finds, in addition to any other findings that
     may be required by this ordinance, that:

     1.   The intended change will not result in a violation of Section 16.1; and,

     2.   All of the applicable requirements of this ordinance that can reasonably be
          complied with will be complied with. Compliance with a requirement of this
          ordinance is not reasonably possible if compliance cannot be achieved
          without adding additional land to the lot where the nonconforming situation is
          maintained or moving a substantial structure that is on a permanent
          foundation. Mere financial hardship caused by the cost of meeting such
          requirements as paved parking does not constitute grounds for finding that
          compliance is not reasonably possible. And in no case may an applicant be
          given permission pursuant to this subsection to construct a building or add to
          an existing building if additional nonconformities would thereby be created.

D.   If the intended change in use is to another principal use that is also nonconforming,
     then the change is permissible if the entity authorized by this Ordinance to issue a
     permit for that particular use (the administrator, Board of Adjustment, or Board of
     Commissioners) issues a permit authorizing the change. The permit issuing
     authority may issue the permit if it finds, in addition to other findings that may be
     required by this ordinance, that:

     1.   The use requested is one that is permissible in some zoning district with
          either a zoning, special use, or conditional use permit;

     2.   All of the conditions applicable to the permit authorized in Subsection C of this
          section are satisfied; and,

     3.   The proposed development will have less of an adverse impact on those most
          affected by it and will be more compatible with the surrounding neighborhood
          than the use in operation at the time the permit is applied for.

E.   If a nonconforming use is changed to any use other than a conforming use without
     obtaining a permit pursuant to this section, that change shall constitute a
     discontinuance of the nonconforming use, with consequences as stated in Section
     16.6.


Section 16.6 Abandonment and Discontinuance of Nonconforming Situations

A.   When a nonconforming use is discontinued for a consecutive period of 270 days,
     the property involved may thereafter be used only for conforming purposes.


                                          16-7
                     Currituck County Unified Development Ordinance
CHAPTER 16: NONCONFORMITIES


B.   If the principal activity on property where a nonconforming situation other than a
     nonconforming use exists is discontinued for a consecutive period of 270 days,
     then that property may thereafter be used only in conformity with all of the
     regulations applicable to the pre-existing use unless the entity with authority to
     issue a permit for the intended use issues a permit to allow the property to be used
     for this purpose without correcting the nonconforming situations. This permit may
     be issued if the permit issuing authority finds that eliminating a particular
     nonconformity is not reasonably possible (i.e., cannot be accomplished without
     adding additional land to the lot where the nonconforming situation is maintained or
     moving a substantial structure that is on a permanent foundation). The permit shall
     specify which nonconformities need not be corrected.

C.   For purposes of determining whether a right to continue a nonconforming situation
     is lost pursuant to this section, all of the buildings, activities, and operations
     maintained on a lot are generally to be considered as a whole. For example, the
     failure to rent one apartment in a nonconforming apartment building for 270 days
     shall not result in a loss of the right to rent that apartment or space thereafter so
     long as the apartment building as a whole is continuously maintained. But if a
     nonconforming use is maintained in conjunction with a conforming use,
     discontinuance of a nonconforming use for the required period shall terminate the
     right to maintain it thereafter.

D.   When a structure or operation made nonconforming by this ordinance is vacant or
     discontinued on the effective date of this ordinance, the 270-day period for
     purposes of this section begins to run on the effective date of this ordinance.
     However, if the situation was nonconforming under the ordinance previously in
     effect, then the 270-day period shall begin to run from the actual date the property
     became vacant or the use was discontinued.

E.   For purposes of this section, the question of the property owner's or other person's
     intent is irrelevant, and discontinuance of the required period shall conclusively be
     presumed to constitute an abandonment of the right to continue the nonconforming
     situation. However, when a valid building or zoning permit has been issued within
     the 270-day period, the use shall not be considered discontinued so long as such
     permit remains valid even though the particular use may not begin within the 270-
     day period.


Section 16.7 Completion of Nonconforming Projects

A.   Nonconforming projects may be completed only in accordance with the provisions
     of Section 16.3.

B.   When a building permit has been validly issued for construction of a
     nonconforming project, such project shall be permitted to develop in accordance


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                     Currituck County Unified Development Ordinance
                                                     CHAPTER 16: NONCONFORMITIES

     with the terms of that permit provided the building permit remains un-revoked and
     unexpired. Further, when approval is giving to develop a project and more than five
     percent of the cost of that project is spent on reliance of that approval, such project
     shall be permitted to develop in accordance with the terms of that permit.

C.   Nothing in this section shall be deemed to conflict with vested rights provisions as
     found in Chapter 11.


Section 16.8 Nonconforming Bufferyards

A.   When a change in use occurs, and the new use is the same or lower land use
     classification then the previous use as found in Section 5.3, then the applicant shall
     not be required to bring the landscaping into compliance with Chapter 5. When a
     change of use occurs, and the new use is of a higher classification then the
     previous use as found in Section 5.3, and the bufferyard required in Chapter 5 is
     not met, then the following shall apply:

     1.   If the existing landscaping is less than is prescribed in this ordinance, then all
          landscaping required by Chapter 5 shall be provided to the extent reasonable.

     2.   If the existing setback is less than is prescribed by this ordinance, then the
          proposed use shall be permitted to occupy the property provided a solid
          fence is installed and six feet high evergreen shrubs and small trees planted
          30 feet on center, or equivalent, is provided where the setback requirement is
          not meet. Further, any new additions, new parking areas, and outdoor
          storage/display areas shall be required to meet the current setback
          standards.

B.   When a permit for an addition is requested where a nonconforming bufferyard
     exists, and the addition is less than 30 percent of the total floor area of existing
     buildings on the lot or 1,000 square feet, whichever is less, then no additional
     landscaping shall be required. When a permit for an addition is requested where a
     nonconforming bufferyard exists, and the addition is more than 30 percent of the
     total floor area of existing buildings on the lot or over 1,000 square feet, then all
     landscaping required by this ordinance shall be provided.


Section 16.9 Nonconforming Signs

16.9.1 General

A.   Where these regulations refer to nonconforming signs, this shall mean to include
     nonconforming on-premise and off-premise signs. Where these regulations refer to
     nonconforming on-premise or off-premise signs, then the applicable section shall
     apply only to that type of sign.


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                      Currituck County Unified Development Ordinance
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B.   Subject to the remaining restrictions of this section, nonconforming signs that were
     otherwise lawful on the effective date of this section may be continued.

C.   No person may engage in any activity that causes an increase in the extent of
     nonconformity of a nonconforming sign. No nonconforming sign may be enlarged
     or altered in such a manner as to aggravate the nonconforming conditions.
     Extension of nonconforming conditions shall include, but not be limited to,
     increasing the display surface area and/or height, and causing a nonconforming
     sign to be closer to another sign where the minimum separation between signs is
     not maintained. A second side may be added to a nonconforming sign up to the
     same size as the existing display provided the entire support structure and framing
     be painted one neutral color (i.e. black, dark green). Lighting may be added to any
     nonconforming sign subject to the illumination provisions of the UDO.

D.   When all or a portion of a nonconforming sign will be removed as part of a state
     road widening project, then such nonconforming sign may be relocated or replaced
     in a manner not to exceed the specifications of the original sign (i.e. height, size,
     lighting, etc.) subject to the following:

     1.   The relocation or replacement shall be parallel to the original sign location
          away from the right-of-way.

     2.   Application for a permit to erect the new sign or replace what was lost for a
          sign partially in the right-of-way is made within 180 days after the existing
          nonconforming sign is removed.

E.   The message of a nonconforming sign may be changed so long as this does not
     create any new nonconformities.

16.9.2 Nonconforming, Off-Premise Signs

A.   A nonconforming off-premise sign may be replaced on the same location so long
     as:

     1.   The new sign does not exceed the specifications of the nonconforming sign
          being replaced in terms of height, display surface area, number of sides,
          setback and illumination.

     2.   Application for a permit to erect the new sign is made within 180 days after
          the existing nonconforming sign is removed.

     3.   The new sign is located within the footprint boundaries of the nonconforming
          off-premise sign being replaced. In the case of nonconforming on-premise
          signs, the sign can be relocated on the same property subject to applicable
          setback standards.


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                     Currituck County Unified Development Ordinance
                                                   CHAPTER 16: NONCONFORMITIES

B.   A nonconforming off-premise sign may be relocated on the same lot so long as
     once relocated, the off-premise sign:

     1.   Shall not exceed 300 square feet in surface area.

     2.   Shall not be less than 300 feet from a pre-existing off-premise sign on the
          same side of the road.

     3.   Shall not exceed a height, measured from ground level, of 20 feet, unless the
          sign is placed lower than the road bed, under which circumstances the sign
          may have a height equal to 20 feet above the road bed, not to exceed 25 feet
          from ground level.

     4.   Shall not be located closer than 15 feet to a street right-of-way or within a
          sight triangle.

     5.   Shall not be located within the minimum structure side and rear yard setbacks
          required by Chapter 2.

C.   A nonconforming off-premise sign may be relocated to an adjacent lot so long as
     once relocated, the off-premise sign:

     1.   Shall not exceed 300 square feet in surface area.

     2.   When attached to the wall of a structure shall not exceed 30 percent of the
          total surface area of the wall on which the sign is located and shall not be
          located on the same wall as any other off-premise sign.

     3.   Shall not exceed a height, measured from ground level, of 20 feet, unless the
          sign is placed lower than the road bed, under which circumstances the sign
          may have a height equal to 20 feet above the road bed, not to exceed 25 feet
          from ground level.

     4.   Shall not extend above any parapet or be placed upon any roof surface,
          except that for purposes of this subsection, roof surfaces constructed at an
          angle be regarded as wall space. This subsection shall not apply to displays,
          including lighting, erected in connection with the observation of holidays on
          the roofs of residential structures.

     5.   Shall not be located closer than 15 feet to a street right-of-way or within a
          sight triangle.

     6.   Shall not be located within the minimum structure side and rear yard setbacks
          required by Chapter 2.




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                     Currituck County Unified Development Ordinance
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   7.   Shall not be located within 1,500 feet on the same side of the road of any part
        of another off-premises sign (other than temporary signs regulated under
        Chapter 7 or exempt signs on the same side of the road or highway). For
        purposes of determining the permissible location of an off-premises sign:

        a.   A sign for which a permit authorizing initial construction was issued prior
             to the permit for the off-premises sign in question shall be regarded as
             existing from the date the permit for such other sign was issued (unless
             such permit has expired or been revoked); and,

        b.   A nonconforming sign that has been removed for the purpose of being
             replaced in accordance with Section 16.9.2 shall be regarded as
             existing, provided that the sign has not been removed for more than 180
             days without application for its replacement having been made as
             required by this ordinance.

   8.   Shall not result in a net increase of off-premise signs allowed under this
        section.

   9.   Shall be demolished prior to a permit being issued for its replacement. The
        demolition permit issued for the existing sign shall serve as documentation
        that the adjacent lot contained an off-premise sign.

   10. Shall meet the following maintenance requirements:

        a.   All off-premises signs and all components thereof, including without
             limitation supports, braces, and anchors, shall be kept in a state of good
             repair. With respect to off-premises freestanding signs, components
             (supporting structures, back, etc.) not bearing a message shall be
             constructed of materials that blend with the natural environment or shall
             be painted a neutral color to blend with the natural environment;

        b.   If an off-premises sign other than a billboard advertises a business,
             service, commodity, accommodation attraction or other enterprises or
             activity that is no longer operating or being offered or conducted, that
             sign shall be considered abandoned and shall, within 30 days after such
             abandonment, be removed by the sign owner, owner of the property
             where the sign is located, or other party having control over such sign;

        c.   If the message portion of an off-premises sign is removed, leaving only
             the supporting “shell” of a sign or the supporting braces, anchors, or
             similar components, the owner of the sign or the owner of the property
             where the sign is located or other person having control over such sign
             shall, within 30 days of the removal of the message portion of the sign,
             either replace the entire message portion of the sign or remove the



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                   Currituck County Unified Development Ordinance
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               remaining components of the sign. This subsection shall not be
               constructed to prevent the changing of the message of a sign; and,

          d.   The area within ten feet in all directions of any part of an off-premises
               freestanding sign shall be kept clear of all debris and all wide
               undergrowth more than 12 inches in height.

     11. Shall meet the following illumination requirements:

          a.   No off-premises sign within 250 feet of a pre-existing residence not
               owned by the owner of the sign may be illuminated between the hours of
               12:00 midnight and 6:00 a.m., unless the impact of such lighting beyond
               the boundaries of the lot where the sign is located is entirely
               inconsequential (less than 1.5 foot candles at the lot line). A residence
               shall be deemed “pre-existing” for the purposes of this subsection if it
               existed (or construction of the residence had begun) before a permit was
               issued under the NC State Electrical Code authorizing the installation of
               the lighting;

          b.   Lighting directed toward an off-premises sign shall be shielded so that it
               illuminates only the face of the sign and does not shine directly into a
               public right-of-way or residential premises; and,

          c.   No off-premises sign may contain or be illuminated by flashing or
               intermittent lights or lights of changing degrees of intensity, except signs
               indicating the time, date, weather conditions, or similar information.

     12. Shall not necessitate that a person, for the purpose of increasing or
         enhancing the visibility of any off-premises sign, damage, trim, destroy, or
         remove any trees, shrubs, or other vegetation located:

          a.   Within the right-of-way of any public street or road, unless the work is
               done pursuant to the express written authorization of the North Carolina
               Department of Transportation;

          b.   On property that is not under the ownership or control of the person
               doing or responsible for such work, unless the work is done pursuant to
               the express authorization of the person owning the property where such
               trees or shrubs are located; and,

          c.   In any area where such trees or shrubs are required to remain under a
               permit issued under this ordinance.

D.   If a nonconforming off-premises sign other than a billboard advertises a business,
     service, commodity, accommodation, attraction or other enterprise or activity that is
     no longer operating or being offered or conducted, that sign shall be considered


                                          16-13
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     abandoned and shall be removed within 30 days after such abandonment by the
     sign owner, owner of the property where the sign is located, or other party having
     control over such sign.

E.   If a nonconforming billboard remains blank for a continuous period of 12 months,
     that billboard shall be deemed abandoned and shall, within 30 days after such
     abandonment, be altered to comply with Chapter 7 or be removed by the sign
     owner, owner of the property where the sign is located, or other person having
     control over such sign. For purposes of this section, a sign is "blank" if:

     1.   It advertises a business, service, commodity, accommodation, attraction, or
          other enterprise or activity that is no longer operating or being offered or
          conducted.

     2.   The advertising message it displays becomes illegal as whole or substantial
          part.

     3.   The advertising copy, other than the rental of the sign, has been removed.

16.9.3 Nonconforming, On-Premise Signs
All on-premise signs that do not conform with the standards established in Chapter 7
shall be removed within eight years of April 17, 2000.


Section 16.10 Nonconforming Parking and Loading Areas

16.10.1 Nonconforming Parking Surfaces
Where existing parking area surfaces do not conform to the provisions of Chapter 8, the
following shall apply:

A.   Whenever a use changes, and the new use’s classification (as found in The
     Permitted Uses Table) is the same or lower than the previous use’s land
     classification, then the new use shall comply with all provision of Chapter 8 without
     driveway improvements; and

B.   Whenever a use changes, and the new use’s classification (as found in The
     Permitted Uses Table) is higher than the previous use’s land classification, then
     the new use shall comply with all the provisions of Chapter 8.

16.10.2 Nonconforming Parking for Existing Buildings

A.   Whenever:

     1.   There exists a lot with one or more structures on it constructed before the
          effective date of this ordinance;



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                     Currituck County Unified Development Ordinance
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     2.   A change in use that does not involve any enlargement of a structure is
          proposed for such lot; and,

     3.   The parking requirements of Chapter 8 that would be applicable as a result of
          the proposed change cannot be satisfied on such lot because there is not
          sufficient area available on the lot that can practicably be used for parking.

     Then the developer need only comply with the satellite parking requirements of
     Chapter 8 to the extent that:

     1.   Parking space is practicably available on the lot where the development is
          located, and

     2.   Satellite parking space is reasonably available as provided in Section 8.8.

     However, if satellite parking subsequently becomes reasonably available, then it
     shall be a continuing condition of the permit authorizing development on such lot
     that the developer obtains satellite parking when it does become available. This
     provision shall not apply to single family and two-family residences in the RO1 and
     RO2 Districts.

B.   Where existing parking setbacks are not met and a change of use occurs, the
     existing nonconforming parking may continue to be utilized to satisfy the off-street
     parking requirements provided all new parking established complies with the
     requirements of Chapter 8.

16.10.3 Nonconforming Loading for Existing Buildings

A.   Whenever:

     1.   There exists a lot with one or more structures on it constructed before the
          effective date of this ordinance;

     2.   A change in use that does not involve any enlargement of a structure is
          proposed for such lot; and,

     3.   The loading area requirements of this section cannot be satisfied because
          there is not sufficient area available on the lot that can practicably be used for
          loading and unloading.

     Then the developer need only comply with the requirements of Chapter 8 to the
     extent reasonably possible.




                                          16-15
                     Currituck County Unified Development Ordinance
                     CHAPTER 17:
                     DEFINITIONS
Section                                             Page

17.1   Acronyms……………...………….….……….…………………...………..   17-2

17.2   Definitions……………………………………………………………………        17-2
 CHAPTER 17: DEFINITIONS


Section 17.1 Acronyms

Below is a list of acronyms (other than zoning districts) and their meanings found
throughout the
Ordinance:

      ATF: Alcohol, Tobacco, & Firearms
      BFE: Base Flood Elevation
      BOA: Board of Adjustment
      BOC: Board of Commissioners
      CAMA: Coastal Area Management Act
      CoBRA: Coastal Barrier Resources Act
      CBRS: Coastal Barrier Resources System.
      CUP: Conditional Use Permit
      FAA: Federal Aviation Administration
      FAR: Floor Area Ratio
      FCC: Federal Communications Commission
      FIRM: Flood Insurance Rate Map
      FIS: Flood Insurance Study
      FTA: Federal Telecommunications Act of 1996
      HOA: Homeowners Association
      HUD: Federal Department of Housing and Urban Development
      kW: Kilowatt
      MW: Megawatt
      NC: North Carolina
      NCDENR: North Carolina Department of Environment and Natural Resources
      NCDOT or DOT: North Carolina Department of Transportation
      NCGS or GS: North Carolina General Statute
      OPA: Otherwise Protected Area.
      PAS: Private Access Subdivision
      PUD: Planned Unit Development
      ROW: Right-of-way
      SR: Secondary Road in the North Carolina Secondary Road system
      SUP: Special Use Permit
      TRC: Technical Review Committee
      UDO: Unified Development Ordinance
      US: United States of America

Section 17.2 Definitions

Abandonment
A property, use, or structure which has been physically and objectively discontinued,
relinquished, or vacated for a consecutive period of 180 or more days without any
intention of transferring rights to the property to another owner or lessee or of resuming


                                          17-2

                     Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

the use of the property regardless of intent of the owner, lessee, or previous occupant,
or any other affiliated parties and regardless of any condition or circumstance beyond
the control of such parties that prevent a continuation of the use or occupancy of the
structure or property.

ABC Store
A retail establishment that sells spirituous liquor under control of the North Carolina
Alcoholic Beverage Commission.

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

Accessory Use
See “Use, Accessory”

Accessway
A private drive constructed with a compacted, graded, and drained roadbed with a 3”
minimum gravel surface for access to lots created as a family subdivision.

Acreage
Total acreage shall mean gross acres.

Adaptive Reuse of Historic Property
Any use of a structure or tract of land that is listed on the National Register of Historic
Places, together with surrounding grounds, that would not generally be permissible in
the district where such property is located but which the board concludes, pursuant to
the standards set forth in this ordinance, allows the property to be used in a manner that
is economically viable while still preserving its historic character.

Addition (to an existing building)
An extension or increase in the floor area or height of a building or structure.

Adjacent Grade
The highest grade measured within thirty feet from the subject property lines into the
adjoining lots.

Adjoining Property
When used in connection with a notice requirement under this ordinance, this term shall
refer to any tract having a border that touches at any point the border of the property
that the subject of a proposed permit, appeal, variance, or rezoning, as well as any tract
that would have such a common border point with the subject property if one were to
disregard:

                                           17-3

                      Currituck County Unified Development Ordinance
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    a.   any intervening street or other public or utility right-of-way, and
    b.   any intervening property that is under the same ownership as the subject
         property.

Administrator
The person or persons to whom the duty of administering and enforcing the UDO is
assigned by the County Manager. This title includes the planning staff and may be used
interchangeably with the terms “planning staff”, “zoning administrator”, “subdivision
administrator”, and “enforcement officer.”


Adult Establishment
See Sexually Oriented Business




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                    Currituck County Unified Development Ordinance
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Agribusiness
A commercial operation that:

     a.   involves the processing or distribution of farm products or the sale or repairs
          of farm machinery, equipment, or supplies, and

     b.   is not otherwise specifically listed in the Table of Permissible Uses.

Agricultural Land
Including the woodland and wasteland which form a contiguous part thereof constituting
a farm unit.

Agricultural Uses, non-exempt
Those uses that include an agricultural component but do not meet the criteria for a
bona fide farm.

Aircraft
Any contrivance used or designed for navigation of or flight in the air by one or more
persons.

Airport
An area of land or water that is designed or used on a recurring basis for the landing
and take-off of aircraft, except that an airstrip shall not be considered an airport.

Airstrip
An area of land or water, located on private property, which the owner of such land uses
(or authorizes the use of) for the landing and take-off of:

     a.   Not more than two aircraft owned or leased by the owner of such property, or

     b.   Aircraft engaged in crop dusting of land owned or leased

Amendment, Major
A change to an approved permit that have a substantial impact on neighboring
properties, the general public, or those intended to occupy or use the proposed
development. Examples include an increase in density, decrease of open space, major
shifting of lot lots, and major shifting of streets.




                                           17-5

                     Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Amendment, Map (Rezoning)
A change of the zoning designation of a property or properties on the Currituck County
Zoning Map.

Amendment, Minor
A change to an approved permit that has no discernible impact on neighboring
properties, the general public, or those intended to occupy or use the proposed
development. Examples include reduction in density, increase of open space, slight lot
line realignments, and slight relocation of street alignments.

Amendment, Text
A change to any text of the Currituck County Unified Development Ordinance.

Anemometer
Measures the wind speed and transmits wind speed data to the controller.

Animal Services, with explosives training
A site designed to handle the training of dogs in the areas of, security, drug, and
explosive detection only. This definition explicitly excludes the training of dogs for the
detection of cadavers and attack dog training.

Animal Services, with outdoor kennels
A site designed to handle the grooming, boarding, domestic obedience training, and
medical care of animals where animals are not kept within a fully enclosed building.

Animal Services, without outdoor kennels
A site designed to handle the grooming, boarding, domestic obedience training, and
medical care of animals within a fully enclosed building. This may include an outdoor
pet relief area intended for occasional use. This shall not include facilities that keep
animals outside of a fully-enclosed building for an extended period of time.

Antenna
Equipment designed to transmit or receive electronic signals.

Appeal
A request by an applicant for the Board of Adjustment to review a decision or
interpretation by the zoning administrator.

Arbor
A structure with an open roof system providing partial shading and which may also have
non-opaque fencing on the outside perimeter.

Area of Environmental Concern (AEC)
An area designated as such by the N.C. Coastal Resources Commission pursuant to
GS 113A-113 of the Coastal Area Management Act.


                                          17-6

                     Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

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

Assisted Living Facility
A residence for the frail elderly that provide rooms, meals, personal care, and
supervision of self-administered medication. They may provide other services, such as
recreational activities, financial services, and transportation.

Athletic and Exercise Facility
A recreational facility intended for physical activity within a fully enclosed building with
exercise and athletic equipment.

Auction House
A facility in which merchandise receives bids through auctioning process.

Automobile Parking, principle use
The primary use of the site is for automobile storage.

Automobile Repair Shop or Body Shop
The repair, rebuilding or reconditioning of motor vehicles or motor vehicle parts,
including minor repair, major mechanical and body work, steam cleaning, painting, tire
recapping and regooving, and welding.

Automobile Service Station
A retail establishment engaged in selling gasoline, diesel fuel oil and similar automobile
accessories or services, and which may conduct the following accessory automobile
repair services: muffler service, engine tune-ups, greasing, brake, radiator, and
electrical service and tire replacement and other minor automobile repairs, excluding
body work, major mechanical work, steam cleaning, painting, tire recapping or
regrooving and welding.

Automotive and Motorcycle Racing Tracks
A recreational facility intended for the competitive racing of automobiles, motorcycles, or
other mechanized vehicle.

Automotive Sales, Repair, and Services
Any building, premises, and land, in which or upon the primary use of land is a business
which involves the maintenance, servicing or sale of new or used automobiles, including
but not limited to light trucks or vans, trailers, or recreation vehicles and including any
vehicle leasing, rental, preparation or repair work. This definition includes but is not
limited to auto dealerships, auto body shops, auto service stations, car washes, gas
stations, and oil/lube servicing. This does not include the sale of parts or related
products (i.e. auto parts store).

                                           17-7

                      Currituck County Unified Development Ordinance
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Bars & Nightclubs
An establishment whose principle business involves facilities providing live or recorded
music and as part of the business involves the sale of food and beverage for
consumption on the premises, and which, as part of its regular method of operation,
allows into the establishment a number of patrons or customers which exceeds by 25%
or more the seating capacity provided in the establishment. This definition shall not
include dance halls, bars or nightclubs that are an accessory use to a full service
restaurant, hotel or similar use which shall be subject to the provisions of the principle
use.

Base Flood
The flood having a one percent chance of being equaled or exceeded in any given year.
Also known as the 100-year flood.

Base Flood Elevation (BFE)
A determination as published in the Flood Insurance Study of the water surface
elevations of the base flood. This elevation establishes the “Regulatory Flood
Protection Elevation”.

Basement
Means any area of the building having its floor subgrade (below ground level) on all
sides.

Bed and Breakfast
A use:

     a.   that takes place within a building that, before November 5, 1984, was
          designed and used as a single-family detached dwelling,

     b.   that consists of a single dwelling unit together with the rental of one or more
          dwelling rooms on a daily or weekly basis to tourists, vacationers, or similar
          transients,

     c.   where the provision of meals, if provided at all, is limited to the breakfast
          meal; and,

     d.   where the bed and breakfast operation is conducted primarily by persons who
          reside within the dwelling unit, with the assistance of not more than the
          equivalent of one full-time employee.

Billboard
An off-premises sign owned by a person, corporation, or other entity that engages in the
business of selling the advertising space on that sign.



                                          17-8

                     Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Boarding House
A residential use:

     a.   that consists of at least one dwelling unit together with more than two rooms
          that are rented out or are designed or intended to be rented but which rooms,
          individually or collectively, do not constitute separate dwelling units,

     b.   where the rooms are occupied by longer term residents (at least month-to-
          month tenants) as opposed to overnight or weekly guests.

Boat Ramp
A location intended to for boaters to place boats into a body of water.

Boat Sales, Repair, and Services
Any building, premises, and land, in which or upon the primary use of land is a business
which involves the maintenance, servicing or sale of new or used boats, including any
boat leasing, rental, preparation or repair work. This definition includes but is not limited
to boat dealerships and boat repair facilities.

Body Art Services
Establishment for tattoos and the piercing or manipulation of skin on body parts other
than the ears.

Body Piercing Business
Any establishment or business wherein body piercing is practiced. Specifically
excluded from this definition are retail jewelry businesses offering ear piercing as a
complimentary service.

Bona Fide Farm
Any tract or tracts of land, one of which must contain at least ten acres which meets the
following criteria:

     a.   On such property an owner or leasee is actively engaged in a substantial way
          in the commercial production or growing of crops, plants, livestock, or poultry;
          and,

     b.   Such property has produced or yielded, during each of the three immediately
          preceding years, a gross income from the above-described commercial
          production or growing of crops, plants, livestock, or poultry (including
          payments received under Soil Conservation or Land Retirement Programs,
          but not land rents paid to a non-resident owner) of at least $1,000.

Breakaway Wall
A wall that is not part of the structural support of the building and is intended through its
design and construction to collapse under specific lateral loading forces without causing
damage to the elevated portion of the building or the supporting foundation system.

                                            17-9

                      Currituck County Unified Development Ordinance
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Buffer Strip
A strip of land that provides protection to adjoining properties from incompatible views,
noises, fumes, lighting and other disturbances through the use of vegetation, fencing, or
berms the actual width of the strip of property or a combination of all these items.

Bufferyard
A strip of land which by width or vegetation or fencing or a combination of these protects
adjoining properties from incompatible views, noises, fumes, lighting, and other
disturbances.

Building
A structure having a roof and designed to be used as a place of occupancy, indoor
employment, storage, or shelter

Building, Principle
The primary building on a lot or a building that houses a principle use.

Building Setback Line
The distance between the nearest position of any building and a street or highway right-
of-way line when measured from the closest point.

CAMA
North Carolina’s Coastal Area Management Act. This act, along with the Dredge and
Fill Law and the federal Coastal Zone Management Act, is managed through North
Carolina Department of Environment and Natural Resources’ (NCDENR’s) Division
of Coastal Management (DCM).

Camp
A temporary shelter (cabin, tent or camper) or open air area where one or more persons
camp.

Camper
A portable dwelling (as a special equipped trailer or automobile vehicle) for use during
casual travel and camping. (see also "manufactured housing").

Campgrounds
Any area, place, parcel or tract of land on which two or more campsites are occupied or
intended for occupancy or facilities established or maintained, wholly or in part, for the
accommodation of camping units for periods of overnight or longer, whether the use of
campsites and facilities is granted gratuitously, or by rental fee, lease or conditional
sale, or by covenants, restrictions and easements. Campground includes but not limited
to, a travel camp, recreational camp, family campground, camping resort, recreational
vehicles park and camping community. Campground does not include a summer camp,
migrant labor camp or park for manufactured homes, or a construction camp, or storage
area for unoccupied camping units.


                                          17-10

                      Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Camping
To live temporarily in a camp or outdoors. This definition does not include infrequent
overnight camping on a private lot containing a residence.

Camping Unit
A tent, tent trailer, camping trailer, pickup camper, motor home, recreational vehicle, or
any other commonly used temporary shelter device used as temporary living quarters or
shelter during periods of recreation, vacation, leisure time or travel, (but not utilized as
their sole residence). To qualify as a camping unit, vehicular and mobile units shall be
eligible to be currently licensed and registered by a governmental body and shall be
legal to travel on North Carolina highways without special permits for size, width or
other reasons. For purposes of this definition, temporary shelter device shall mean a
unit not occupied by the same persons in the campground for more than 90 days in a
one year period. A mobile home or manufactured home shall not be considered a
camping unit.

Cemetery
Land and facilities used or intended to be used for the burial of the dead and dedicated
for cemetery purposes as a business and for profit. These cemeteries for profit are
regulated by the North Carolina Cemetery Act and the North Carolina Cemetery
Commission. This definition does not include cemeteries established or operated by
churches, governmental agencies or families.

Cemetery, Family and Church
Land and facilities used for the burial of the dead not subject to the requirements of the
North Carolina Cemetery Act.

Certificate of Occupancy (CO)
A certificate allowing the occupancy or use of a building and certifying that the structure
or use has been constructed or will be used in compliance with this ordinance and all
other applicable building regulations.

Certify
Whenever this ordinance requires that some agency certify the existence of some fact
or circumstance to the county, the county may require that such certification be made in
any manner that provides reasonable assurance of the accuracy of the certification. By
way of illustration, and without limiting the foregoing, the county may accept certification
by telephone from some agency when the circumstances warrant it, or the county may
require that the certification be in the form of a letter or other document.

Chemical Storage Facility
A building, portion of a building, or exterior area adjacent to a building used for the
storage of any chemical or chemically reactive products.




                                          17-11

                      Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Child Care Home
A residential care home for not more than nine orphaned, abandoned, dependent,
abused, or neglected children, together with not more than two adults who supervise
such children, all of whom live together as a single housekeeping unit.

Child Care Institution
An Institutional facility housing more than nine orphaned, abandoned, dependent,
abused, or neglected children.

Circulation Area
That portion of the vehicle accommodation area used for access to parking or loading
areas or other facilities on the lot. Essentially, driveways and other maneuvering areas
(other than parking aisles) comprise the circulation area.

Coastal Barrier Resources System (CBRS)
Undeveloped portions of coastal and adjoining areas established by the Coastal Barrier
Resources Act (CoBRA) of 1982, the Coastal Barrier Improvement Act (CBIA) of 1990,
and subsequent revisions, and includes areas owned by federal or state governments
or private conservation organizations identified as Otherwise Protected Areas (OPA).

Coastal High Hazard Area
The area subject to high velocity waters caused by, but not limited to, hurricane wave
wash. The area is designated on a FIRM as Zone VI-3, VE or V. Also, a Special Flood
Hazard Area extending from offshore to the inland limit of a primary frontal dune along
an open coast and any other area subject to high velocity wave action from storms or
seismic sources. The area is designated on a FIRM, or other adopted flood map as
determined in this ordinance, as Zones VE or V1-30.

Colleges & Universities
The buildings, grounds, and associated uses of an institution for higher learning with
teaching and research facilities that award degrees.

Collocation/Site Sharing
See Wireless Communication Facility

Combination Use
A use consisting of a combination on one lot of two or more principle uses separately
listed in the Table of Permissible Uses. Under some circumstances, a second principle
use may be regarded as accessory to the first, and thus a combination use is not
established. In addition, when two or more separately owned or separately operated
enterprises occupy the same lot, and all such enterprises fall within the same principle
use classification, this shall not constitute a combination use.

Commercial Wireless Telecommunication Services
See Wireless telecommunication services.


                                         17-12

                     Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Conditional Use Permit (CUP)
A permit issued by the Board of Adjustment that authorizes the recipient to make use of
property in accordance with the requirements of this ordinance as well as any additional
requirements imposed by the Board of Adjustment.

Condominium
A building or group of buildings, in which dwelling units, offices, or floor area are owned
individually, and the structure, common areas, and facilities are owned by all the owners
on a proportional undivided basis.

Convenience Store
A one story, retail store containing less than 2000 square feet of gross floor area that is
designed and stocked to sell primarily food, beverages, and other household supplies to
customers who purchase only a relatively few items (in contrast to a "supermarket"). It is
designed to attract and depends upon a large volume of "stop and go" traffic.

Corner lot
A lot abutting upon two or more streets at their intersection.

Correctional Facility
A facility operated by the local, state, or federal government (or a private contractor
thereof) used for the incarceration of persons after arrest or pending hearing or trial or
for the incarceration and of persons serving sentences.

County
Currituck County.

Country Club
A private recreational facility open to members and their guests. Uses at a country club
frequently include golf courses, swimming pools (outdoors), and club-houses. Meal
service may be available, but is generally limited to members and their guests. A
country club may be developed as a free-standing entity or as part of a residential
community or planned residential development.

Crabshedding
An operation in the crab harvesting industry that involves the controlled shedding or
molting of blue crabs to produce the more commercially valuable soft-shelled form. Soft
crab shedding systems are designed to put near-molt crabs in a controlled environment,
so they can efficiently be harvested during the period that the shell is soft.

Crematorium
A mortuary where corpses are cremated.

Cul-De-Sac
See Street, Cul-de-sac


                                           17-13

                      Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Daycare Center
A day care facility as defined in GS 110-86(3) as well as a center providing day care on
a regular basis for more than two hours per day for more than five senior citizens or
children.

Density
A ratio expressed as the number of dwelling units per acre (DUA). The ratio is derived
by dividing the total number of dwelling units by the total land area (in acres).

Developer
A person who is responsible for any undertaking that requires a zoning permit, special
use permit, conditional use permit, or sign permit.

Development
That which is to be done pursuant to a zoning permit, special use permit, conditional
use permit, or sign permit. Any man-made change to improved or unimproved real
estate, including, but not limited to, buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations, or storage of equipment or
materials.

Development/Construction Guide
A framework created to aid developers, builders, Planning Board, Board of
Commissioners and county employees in allowing continued and orderly growth while
preserving as much of the maritime forests as possible.

Disabling Glare
The sensation produced by a luminary within the visual field, which is substantially
greater than the level the eyes adapt to that can create annoyance, discomfort, or loss
in visual performance and visibility.

Disposal
Defined as in NCGS 130A-290(a)(6).

Distribution
A use that involves the packaging and/or transport of goods not produced at that site.
Distribution may also be accessory use to a manufacturing operation.

Dripline
A perimeter formed by the points farthest away from the trunk of a tree where
precipitation falling from the branches of that tree lands on the ground.

Drive-through Use
An establishment designed to enable a person to transact business while remaining in a
motor vehicle. This may include but is not limited to banks, restaurants, and coffee
stands.


                                         17-14

                     Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Driveway
That portion of the vehicle accommodation area that consists of a travel lane bounded
on either side by an area that is not a part of the vehicle accommodation.

Duplex
See Residence, Duplex

Dwelling Unit
An enclosure containing sleeping, kitchen, and bathroom facilities designed for and
used or held ready for use as a permanent residence by one family.

Easement
An interest in real property granted by the owner to a person or other entity for certain
limited purposes without the transfer of fee title. Such specified purposes may included
but not be limited to: the granting or restriction of transportation access and access for
utilities or drainage maintenance.

Elevated Building
A non-basement building which has its reference level raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or columns.

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

Entertainment Uses
Any establishment which provides indoor or outdoor amusement activities such as
miniature golf, par 3 golf, batting cages, skate parks, BMX parks, arcades, carnival
games, carnival rides, petting zoos, go-cart or ATV tracks, waterslides, drive-in movie
theaters, and similar uses.

Expenditure
A sum of money paid out in return for some benefit or to fulfill some obligation. The term
also includes binding contractual commitments to make future expenditures, as well as
any other substantial changes in positions.

Family
One or more persons living together as a single housekeeping unit, who are related to
each other by blood, adoption, or marriage, or not more than five unrelated persons.

Family Care Home for the Aged
A residential care home with support and supervisory personnel that provides room and
board, personal care and rehabilitation services in a family environment for not more
than six residents who are elderly and who do not otherwise fit the definition of
handicapped as found in GS 168-21.

                                          17-15

                      Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Family Care Home for the Handicapped
An establishment with support and supervisory personnel that provides room and board,
personal care, and rehabilitation services in a family environment for not more than six
residents who are handicapped. Handicapped person means a person with a temporary
or permanent physical, emotional, or mental disability including, but not limited to mental
retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments but not
including mentally ill persons who are dangerous to others. Dangerous to others means
that within the recent past, the individual has inflicted or attempted to inflict or
threatened to inflict serious bodily harm on another, or has acted in such a way as to
create a substantial risk of serious bodily harm to another, or has engaged in extreme
destruction of property; and that there is reasonable probability that this conduct will be
repeated. Previous episodes of dangerousness to others, when applicable, may be
considered when determining reasonable probability of future dangerous conduct.

Farmers or Craft Market
An open air market for the sale of agricultural products or hand made goods.

Federal Insurance Rate Map (FIRM)
An official map of a community, on which the Federal Emergency Management Agency
has delineated both the areas of special flood hazard and the risk premium zones
applicable to the community.

Fill
Any material placed or graded on a lot where the material has the effect of increasing
the elevation of any portion of the lot.

Flag Lot
An irregularly shaped lot where the buildable portion of the lot is connected to its street
frontage by an arm. The arm portion of the lot is not counted in determining minimum
lot area. Further, in cases where a minimum lot width is prescribed, the arm width may
be less than the minimum required lot width.

Flea Markets
An open air market for second hand articles and antiques, where booths or spaces may
or may not be rented to individuals to conduct sales from tables, from the back of
vehicles, or from covers spread on the ground, which general location is used for such
purposes for more than three days during any 90 day period.

Flood or Flooding
A general and temporary condition of partial or complete inundation of normally dry land
areas from:

     a.   the overflow of inland or tidal waters; and/or




                                          17-16

                      Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

     b.   the unusual and rapid accumulation of runoff of surface waters from any
          source.

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

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

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

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

Flood Insurance Study (FIS)
An examination, evaluation, and determination of flood hazard areas, corresponding
water surface elevations (if appropriate), flood insurance risk zones, and other flood
data in a community issued by the Federal Emergency Management Agency. The
Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and Flood
Boundary and Floodway Maps (FBFMs), if published. The official report provided by the
Federal Emergency Management Agency, containing flood profiles and the water
surface elevation of the base flood.

Flood Prone Area
see “Floodplain”

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

Floodplain or Flood Prone Area
Any land area susceptible to being inundated by water from the base flood. The term
refers to that area designated as subject to flooding from the base flood (One Hundred
Year Flood) on the "Flood Insurance Rate Map" prepared by the Federal Emergency
Management Agency and dated November 4, 1992, and also November 2, 1992, as
revised, a copy of which is on file in the administrator's office. This area shall comprise
the Floodplain Overlay Zoning District established in this ordinance.


                                          17-17

                      Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Floodplain Administrator
The individual appointed to administer and enforce the floodplain management
regulations.

Floodplain Development Permit
Any type of permit that is required in conformance with the provisions of this ordinance,
prior to the commencement of any development activity.

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

Floodplain Regulations
This ordinance and other zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances, and other applications of police power
which control development in flood-prone areas. This term describes federal, state or
local regulations, in any combination thereof, which provide standards for preventing
and reducing flood loss and damage.

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

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

Floor
The top surface of an enclosed area in a building (including basement), i.e., top of slab
in concrete slab construction or top of wood flooring in frame construction. The term
does not include the floor of a garage used solely for parking vehicles.

Floor Area Ratio
The gross floor area of all buildings and structures on a lot divided by the lot area. When
computing this figure, the gross floor area of all enclosed parking deck buildings shall be
excluded.

Floor, Lowest
The lowest floor of the lowest enclosed area (including basement). An unfurnished or
flood resistant enclosure, usable solely for parking vehicles, building access or storage,
in an area other than a basement area, is not considered a building's lowest floor


                                          17-18

                      Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

provided that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of this ordinance.

Florida Room
A sunroom addition to a house or mobile home.

Foot-Candle
The international unit of illumination produced on a surface and equal to one lumen per
square foot.

Freeboard
The height added to the Base Flood Elevation (BFE) to account for watershed
development as well as limitations of the engineering methodologies for the
determination of flood elevations. The freeboard plus the Base Flood Elevation
establishes the “Regulatory Flood Protection Elevation”.

Full Cut-off Fixture
A flat lens, full cut-off fixture that by its design, directs a minimum of 90 percent of total
lamp lumens within 80 degrees of the vertical plan of the light fixture and a maximum of
ten percent of the total lamp lumens above 80 degrees from the vertical plane, and no
more than 2.5 percent of total lamp lumens above 90 degrees. Full cut-off fixtures must
be installed in a horizontal position as designed.

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

Garage Sales
A sale conducted by an occupant of a residence alone or in cooperation with neighbors
conducted for the purpose of selling surplus household items for profit or for charitable
purposes. Such sales are usually conducted from a garage associated with the
residence or from the yard of the residence. Garage sales may be distinguished from
Flea Markets by the number of days of sale during a 90 day period. Garage sales (and
Yard sales) may not be conducted at the same location more than three days for any 90
day period.

Government Offices
Buildings for the purpose of carrying out local, state, or federal government business.




                                           17-19

                      Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS


Grade Plane
A reference plane representing the average of finished ground level adjoining the
building at exterior walls. Where the finished ground level slopes away from the exterior
walls, the reference plane shall be established by the lowest points within the area
between the building and a point six feet from the building. See diagrams below.


             Eave of Highest Roof                                       Roof Ridge of Highest
             Surface                                                    Roof Surface



       Average Roof Height


                                                                                                35’ Maximum
                                                                                                    Height




                                                    Grade




                                                               Property Line



                        Elevation                                           Elevation
                        7.2’                                                     7.5’


                                               BUILDING                                               N


                        Elevation                                                 Elevation
                        7.4’                                                    7.7’


      AVERAGE GRADE ELEVATION AT EACH EXTERIOR WALL                                     Grade Plane
      North: (7.2’ + 7.5’)/2 = 7.35’
      West: (7.2’ + 7.4’)/2 = 7.30’
      South: (7.4’ + 7.7’)/2 = 7.55’                                                                  Grade
      East: (7.7’ + 7.5’)/2 = 7.60’
                               29.8’ /4 = 7.45’ Grade Plane Elevation         Elevation View

       DETERMINATION OF GRADE PLANE ELEVATION WHERE GRADE SLOPES
         UNIFORMLY ALONG THE ENTIRE LENGTH OF THE EXTERIOR WALLS


                                                    17-20

                             Currituck County Unified Development Ordinance
CHAPTER 17: DEFINITIONS



                                                           6.0’
    The grade elevation that is
    used in determining the
    grade plane elevation is 9’.


                                                           Elevation 12’

                                                 Elevation 9’




      DETERMINATION OF GRADE PLANE WHERE GRADE SLOPES AWAY FROM THE EXTERIOR WALL




        N

                                                                 6.0’
                      Elevation 6.5’                                                 Elevation 6.5’

                                                                Building
                                          6.0’                             6.0’

                        Elevation 9.2’                                               Elevation 9.0’
                                                                  6.0’
                   Elevation 9.0’                                                      Elevation 8.0’


                                                                                       Grade Plane
       AVERAGE GRADE ELEVATION AT EACH
       EXTERIOR WALL:
       North: (6.5’ + 6.5’)/2 = 6.50’                                                                 Grade
       West:  (6.5’ + 9.0’)/2 = 7.75’
       South: (9.0’ + 8.0’)/2 = 8.50’
       East:  (6.5’ + 8.0’)/2 = 7.25’
                                                                           Elevation View
                               30.00/4 = 7.50’ is
                              Elevation of Grade Plane

          DETERMINATION OF GRADE PLANE ELEVATION WHERE GRADE DOES NOT SLOPE UNIFORMLY
                             ALONG THE LENGTH OF THE EXTERIOR WALLS




                                                      17-21


                         Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Greenhouse
A structure in which temperature and humidity is controlled for the commercial
cultivation of plants.

Gross Floor Area
The total area of a building measured by taking the outside dimensions of the building at
each floor level intended for occupancy or storage.

Halfway House
A residential care home for not more than nine persons who have demonstrated a
tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal
conduct, together with not more than two persons providing supervision and other
services to such persons, all of whom live together as a single housekeeping unit.

Handicapped, Aged, or Infirm Home
A residence within a single dwelling unit for at least seven but not more than nine
persons who are physically or mentally handicapped or infirm, together with not more
than two persons providing care or assistance to such persons, all living together as a
single housekeeping unit. Persons residing in such homes, including the aged and
disabled, principally need residential care rather than medical treatment.

Handicapped, Aged or Infirm Institution
An institutional facility housing and providing care or assistance for more than nine
persons who are physically or mentally handicapped or infirm. Persons residing in such
homes, including the aged or disabled, principally need residential care rather than
medical treatment.

Hazardous Waste Management Facility
A facility for the collection, storage, processing, treatment, recycling, recovery, or
disposal of hazardous waste as defined in NCGS Article 9 of Chapter 130A.

Heavy Equipment Sales and Repair
Any building, premises, and land, in which or upon the primary use of land is a business
which involves the maintenance, servicing or sale of new or used heavy equipment,
such as backhoes, bulldozers, and cherry pickers, including any heavy equipment
leasing, rental, preparation or repair work. This definition includes but is not limited to
heavy equipment dealerships and heavy equipment repair facilities.

Height
The vertical distance measured from grade plane to the average height of the highest
roof surface. The average height of the roof is the mid-height between the roof eave and
the roof ridge of the highest roof surface, regardless of the shape of the roof. The
average height of multiple roof levels is not to be used to determine the building height.
See diagram under grade plane.



                                          17-22

                      Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

High Volume Traffic Generation
All uses other than low volume traffic generation uses.

Highest Adjacent Grade (HAG)
The highest natural elevation of the ground surface, prior to construction, next to the
proposed walls of the structure.

Historic Structure
Any structure that is:

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

     b.   certified or preliminarily determined by the Secretary of Interior as contributing
          to the historical significance of a registered historic district or a district
          preliminarily determined by the Secretary to qualify as a registered historic
          district;

     c.   individually listed on a local inventory of historic landmarks in communities
          with a “Certified Local Government (CLG) Program”; or,

     d.   certified as contributing to the historical significance of a historic district
          designated by a community with a “Certified Local Government (CLG)
          Program”

     Certified Local Government (CLG) Programs are approved by the US Department
     of the Interior in cooperation with the North Carolina Department of Cultural
     Resources through the State Historic Preservation Officer as having met the
     requirements of the National Historic Preservation Act of 1966 as amended in
     1980.

Home Occupation
A commercial activity conducted by a person on the same lot (in a residential district)
where such person resides, and that can be conducted without any significantly adverse
impact on the surrounding neighborhood. The following is a non-exhaustive list of
examples of enterprises that may be home occupations:

     a.   the office or studio of a physician, dentist, artist, musician, lawyer, architect,
          engineer, teacher, or similar professional

     b.   the office of an electrician, plumber, carpenter, contractor or other person
          employed in a similar trade



                                             17-23

                         Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

     c.   workshops, greenhouses, or kilns

     d.   tailoring or hairdressing studios

Horseback riding, school, boarding
A facility intended for the boarding and/or riding of horses and any associated
instructional riding school.

Horticultural Land
Agricultural land.

Hospitals and Clinics
A facility intended for the medical or surgical treatment of patients on an inpatient or
outpatient basis. This does not include standard medical or dental offices.

Hotels and Motels
A building or group of buildings wherein temporary lodging is provided on a regular
basis to persons who seek to rent rooms or dwelling units on a day-to-day basis, except
that the following are excluded from this definition:

     a.   Tourist homes

     b.   Bed and breakfast establishments

     c.   Single-family and two-family residences, regardless of the basis on which
          they are rented

     d.   Multi-family residences, unless at least ten percent of the dwelling units within
          a multi-family development are regularly rented or offered for rent on a day-to-
          day basis

Hunting and Fishing Lodges
An enterprise consisting of one or more buildings wherein there are located not more
than 15 lodging units designed to provide short term accommodations primarily to
persons intending to participate in hunting or fishing activities. A hunting and fishing
lodge may not operate a restaurant open to the general public in connection with or on
the same premises as the lodge (if a restaurant is so operated, the enterprise must be
classified as a hotel or motel).

Impervious Surface
A surface which has been compacted or covered with a layer of material so that it is
highly resistant to infiltration by water. It includes semi-impervious surfaces such as
compacted clay, as well as most conventionally surfaced streets, sidewalks and parking
lots.



                                          17-24

                     Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Incinerator
A furnace or container for the purpose of burning waste or non-waste materials.

Individual Lot Design and Building Construction
The second stage of development requiring a building site plan indicating maritime
forests and intended clearing thereof before building permits are granted.

Institutional Use
A use of a semi-public nature that typically serve community needs including but not
limited to daycares, places of worship, colleges, schools, hospitals, research facilities,
museums, assisted living facilities, residential care facilities, and other long-term
medical care facilities.

Institutions for the Mentally Ill
A residential care facility for the treatment of patients with diagnosed mental illnesses.

Intermediate Care Home
A facility maintained for the purpose of providing accommodations for not more than
seven occupants needing medical care and supervision at a lower level than that
provided in a nursing care institution but at a higher level than that provided in
institutions for the handicapped or infirm.

Intermediate Care Institution
An institutional facility maintained for the purpose of providing accommodations for
more than seven persons needing medical care and supervision at a lower level than
that provided in a nursing care institution but at a higher level than that provided in
institutions for the handicapped or infirm.

Junkyard or Salvageyard
A lot, land or structure or part thereof, used primarily for the collecting, processing,
storage and/or sale of salvage paper, animal hides, rags, rubber, glass, scrap metal,
lumber or other building materials, or for the dismantling of parts thereof. Any lot with
vehicles stored without current registration plates or having an amount of trash, either
burnable or non-burnable, considered as excessive in the judgment of the administrator,
shall be classified as a junkyard and will require the appropriate zoning and permits.

K-9 Training Facility for Explosives
A site designed to handle the training of dogs in the areas of, security, drug and
explosive detection only. This definition explicitly excludes the training of dogs for the
detection of cadavers and attack dog training.

K-9 Training Facility for Obedience
A site designed to handle the training of dogs in the area of obedience only. This use
will be for pet and domesticated dog training.



                                           17-25

                      Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Kennel
A commercial operation that:

     a.   provides food and shelter and care of animals for purposes not primarily
          related to medical care (a kennel may or may not be run by or associated with
          a veterinarian), or

     b.   engages in the breeding of animals for sale. Incidental breeding and offering
          the resultant litter for sale shall not constitute the operation of a kennel.

Land Application of Commercial Sludge and Septage
The soil amendment practice of applying organic waste materials, such as sewage
sludge, non-sewage sludge, septage, food processing, and other solid waste, for
agricultural purposes.

Landfill, Demolition
A tract of land used as a permanent dumping place for stumps, limbs, leaves, concrete,
brick, wood, uncontaminated earth, or similar materials that are generated by the
construction or demolition process. A demolition landfill is differentiated from a
reclamation landfill in that the primary purpose of the latter is to raise the elevation of
the land and no stumps, limbs, or other biodegradable materials are allowed in a
reclamation landfill.

Landfill, Reclamation
An operation consisting of the dumping of dirt, sand, gravel, rocks, concrete or similar
materials that are not biodegradable on a tract of land for the purpose of raising the
elevation of such land.

Landfill, Sanitary
A tract of land used as a permanent dumping place for garbage, trash, and other
miscellaneous types of solid waste, whether or not such wastes are biodegradable.

Law Enforcement & Emergency Services
Police, fire, EMT, ambulatory, and similar public services.

Light Loss Factor
The light output of a luminary after losses due to decrease in lamp efficiency, dirt
accumulation, and other factors that lower the effective output with time.

Light Trespass
Unwanted light that falls beyond the property line or area intended to be illuminated
which is often called spill light. For nonresidential uses in the Outer Banks Overlay
District in Poplar Branch Township, the maximum illumination measured in foot-candles
at the property line shall not exceed 1.5 foot-candles measured at ground level by a
measuring device.


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                      Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Livestock
Animals normally raised on a farm, or as part of commercial agricultural or animal
husbandry operations, or normally used for purposes related to agricultural production
or commerce, wildlife farms and animal rehabilitation facilities. Livestock, including
animal breeds derived from livestock, shall not be deemed to be pets and may not be
maintained as an accessory to a residential use unless specifically permitted within the
Unified Development Ordinance. Livestock shall be defined into two groups as follows:

     a.   large animals: including horses, mules, donkeys, llamas, cattle, swine, goats,
          sheep, and similar breeds.

     b.   small animals: including chickens, turkeys, peacocks, and other fowl and
          similar breeds.

Loading and Unloading Area
That portion of the vehicle accommodation area used to satisfy the requirements of this
ordinance.

Lot
A parcel of land whose boundaries have been established by some legal instrument
such as a recorded deed or a recorded map and which is recognized as a separate
legal entity for purposes of transfer of title:

     a.   if a public body or any authority with the power of Eminent Domain
          condemns, purchases, or otherwise obtains fee simple title to or a lesser
          interest in a strip of land cutting across a parcel of land otherwise
          characterized as a lot by this definition, or a private road is created across a
          parcel of land otherwise characterized as a lot by this definition, and the
          interest thus obtained or the road so created is such as effectively to prevent
          the use of this parcel as one lot, then the land on either side of this strip shall
          constitute a separate lot; and,

     b.   the permit issuing authority and the owner of two or more contiguous lots may
          agree to regard the lots as one lot if necessary or convenient to comply with
          any of the requirements of this ordinance.

Lot Area
The total area circumscribed by the boundaries of a lot, except that:

     a.   when the legal instrument creating a lot shows the boundary of the lot
          extending into a public street right-of-way, then the lot boundary for purposes
          of computing the lot area shall be the street right-of-way line, or if the right-of-
          way line cannot be determined, then an approximation of the right-of-way
          shall be established by finding the centerline of the street and adding to it one
          half the width of the right-of-way, plus 15 feet.


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                      Currituck County Unified Development Ordinance
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     b.   dedicated rights-of-way/easements, whether public or private, intended for
          vehicular and/or pedestrian access shall not be included in lot area; and,

     c.   land under water or regularly under water or intended to be under water shall
          not be counted towards the lot area.

Lot Boundary Line
Lot boundaries other than those that abut a street.

Lot Boundary Setback
The distance between the nearest portion of any structure or vehicular and the
boundary line of the adjoining lot parcel or tract.

Lot, Corner
A lot which has frontage on two or more intersecting streets.

Lot Coverage
Lot coverage shall be defined as that area covered by principle and accessory
structures, decks not over green area, walkways, pools, stairs, sidewalks, vehicular
accommodation areas, and other impervious areas.

Lot Depth
The depth of a lot is the mean distance of the side lines of the lot measured from the
midpoint of the front lot line to midpoint of the rear lot line.

Lot of Record
A lot which is a part of an approved subdivision, a plat of which has been recorded in
the Office of the Register of Deeds of Currituck County, or a lot described by metes and
bounds, the description of which has been so recorded and which at the time of
recordation and the time it was originally subdivided met all applicable subdivision and
zoning regulations then in effect. In addition, this definition shall include lots for which a
plat and/or deed is recorded in the Office of the Register of Deeds and the lot was
created prior to August 2, 1965; a lot upon which an existing structure is located
provided a valid building permit was obtained for the construction; or, a lot which at the
time of creation met all subdivision and zoning requirements provided a plat is approved
by the administrator and recorded with the Register of Deeds containing a certification
as to having met the then existing regulations in effect.

Lot Width
The distance between side lot lines measured at the front building set-back line.

Low Volume Traffic Generation
Uses such as furniture stores, carpet stores, major appliance stores, etc. that sell items
that are large and bulky, that need a relatively large amount of storage or display area
for each unit offered for sale, and that therefore generate less customer traffic per
square foot of floor space than stores selling smaller items.

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                      Currituck County Unified Development Ordinance
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Lowest Adjacent Grade (LAG)
The elevation of the ground, sidewalk or patio slab immediately next to the building, or
deck support, after completion of the building. For Zones A and AO, use the natural
grade elevation prior to construction.

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

Luminary
A complete lighting unit or fixture (including the lamp, housing, reflectors, lenses and
shields) excluding the support pole or mounting bracket.

Main Traveled Roadway
The principle traveled way of a highway on which through traffic is carried. In the case
of a divided highway, the traveled way of each of the separate roadways for traffic in
opposite directions is a main traveled roadway. Not included are such facilities as
frontage roads, turning roads, or parking areas.

Manufactured and Modular Home Sales and Repair
Any building, premises, and land, in which or upon the primary use of land is a business
which involves the maintenance, servicing or sale of new or used manufactured or
modular homes, including any leasing, rental, preparation or repair work. This definition
includes but is not limited to manufactured or modular home dealerships and repair
facilities.

Manufactured Home
A structure, transportable in one or more sections, which is built on a permanent
chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. The term “manufactured home” does not include a
“recreational vehicle”.

Manufactured Home Park or Subdivision
See mobile home park or subdivision

Manufacturing, Heavy
The assembly, fabrication, production or processing of goods and materials using
processes that ordinarily have greater than average impacts on the environment, or that
ordinarily have significant impacts on the use and enjoyment of other properties in terms
of noise, smoke, fumes, odors, glare, health or safety hazards, or uses that otherwise
do not constitute “light manufacturing,” or any use where the area occupied by outdoor

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                     Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

storage of goods and materials used in the assembly, fabrication, production or
processing exceeds 25 percent of the floor area of all buildings on the lot. This shall
include, but not be limited to, the following: enameling, lacquering, or the plating or
galvanizing of metals; foundries or mills producing iron and steel products; industrial
chemical manufacture; meat packing plants; mixing plants for concrete or paving
materials, and manufacture of concrete products; oxygen manufacture and/or storage;
pottery, porcelain, and vitreous china manufacture; poultry dressing for wholesale;
pressure treating of wood; stonecutting; tire recapping and retreading; tobacco products
manufacture; tobacco stemming, and rendering plants. This shall not include resource
extraction and recycling and salvage operations.

Manufacturing, Light
The assembly, fabrication, production or processing of goods and materials using
processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or
safety hazards outside of the building or lot where such assembly, fabrication,
production or processing takes place, where such processes are housed entirely within
a building, or where the area occupied by outdoor storage of goods and materials used
in the assembly, fabrication, production or processing does not exceed 25 percent of
the floor area of all buildings on the lot. This shall not include uses that constitute “heavy
manufacturing”, resource extraction, or recycling and salvage operations.

Marinas
Any publicly or privately owned dock, basin or wet boat storage facility constructed to
accommodate more than ten boats and providing any of the following services:
permanent or transient docking spaces, dry storage, fueling facilities, haul out facilities
and repair service. Excluded from this definition are boat ramp facilities allowing access
only, temporary docking and none of the preceding services. Marinas for ten boats or
less shall be classified as privately owned outdoor recreation facilities.

Maritime Forest
Woodlands that have developed under the influence of salt spray on barrier islands
adjacent to estuarine waters. They differ from inland forests in that they have adapted to
high winds, salt spray and sandy soils characteristic of the coastal environment. They
are comprised of three basic types of plant growth which primarily consists of trees but
may include understory shrubs and grasses. Primary trees consist of, but are not limited
to live oak, loblolly pine, red cedar, red maple and sweetgum. Shrubs and grasses
found in conjunction with these species of trees are included in the maritime forest
description because of the support and protection they provide larger vegetation.

Market Value
The building value, excluding the land value and that of any accessory structures or
other improvements on the lot, established by independent certified appraisal,
replacement cost depreciated by age of building and quality of construction (actual cash
value), or adjusted tax assessed values.



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                      Currituck County Unified Development Ordinance
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Mean Sea Level
Means, for purposes of the NFIP, the National Geodetic Vertical Datum (NGVD) as
corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or
other vertical control datum used as a reference for establishing varying elevations
within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are
referenced. Refer to each FIRM panel to determine datum used.

Mining and Quarrying
The breaking of the surface soil in order to facilitate or accomplish the extraction or
removal of minerals, ores or other solid manner. Any activity or process constituting all
or part of a process for the extraction or removal of minerals, ores, soils, and other solid
manner from its original location. The preparation, washing, cleaning, other treatment of
minerals, ores, or other solid matter so as to make them suitable for commercial,
industrial, or construction use.

Mini-warehouse
A structure containing separate storage spaces of varying sizes leased or rented on an
individual basis that does not include outdoor storage.

Mitigation Guide
Measures relating to overall project sites or individual lots which may be necessary to
repair or restore forest intentionally or unintentionally damaged or destroyed.

Mixed Uses
When two or more uses occupy the same building, the more restrictive requirements
applicable to any such uses in the district which the lot is located shall apply to such
buildings.

Mobile Home
A dwelling unit that:

     a.   is not constructed in accordance with the standards set forth in the North
          Carolina State Building Code;

     b.   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 own chassis; and,

     c.   exceeds 40 feet in length including the tongue and eight feet in width (40' x
          8').




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                        Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS


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

     a.   the home has a length not exceeding three times its width;

     b.   the pitch of the home's roof has a minimum vertical rise of one foot for each
          five feet of horizontal run, and the roof is finished with a type of shingle that is
          commonly used in standard residential construction;

     c.   the exterior siding consists of wood, hardboard, or aluminum (vinyl covered or
          painted, but in no case exceeding the reflectivity of gloss white paint)
          comparable in composition, appearance, and durability to the exterior siding
          commonly used in standard residential construction;

     d.   a continuous, permanent masonry curtain wall, unpierced except for required
          ventilation and access, is installed under the home after placement on the lot
          and before occupancy; and,

     e.   the tongue, axles, transporting lights, and removable towing apparatus are
          removed after placement on the lot and before occupancy.

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

Mobile Home, Class C
Any mobile home that does not meet the definitional criteria of a class A or class B
mobile home. Class C mobile homes are mobile homes constructed prior to July 1,
1976, and may not be relocated within any zoning district, but may be relocated to an
established mobile home park or mobile home subdivision within Currituck County.
Class C mobile homes are further defined as including only those mobile homes located
within the boundaries of Currituck County as of June 5, 1989. No Class C mobile home
from an area outside Currituck County shall be permitted in Currituck County after this
date.




                                           17-32

                      Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS


Mobile Home Park
A residential use in which more than one mobile home is located on a single lot, tract or
parcel of land.

Mobile Home Subdivision, Existing
A subdivision that:

     a.   was in existence prior to October 25, 1985, and contained 60 percent class
          "B" mobile homes or,

     b.   received either preliminary or final plat approval prior to October 25, 1985,
          and was platted or intended to be platted as a mobile home park subdivision.
          Mobile home park subdivisions shall include, but not be limited to : Knotts
          Island Estates; James Starboard, Private Access Subdivision, (3 lots);
          Buckskin Creek; Wedgewood Lakes; Suburban Acres; Suburban Point;
          Shangrala (lots 1-7 and 14-16 only); Bentwood (lots 2 and 3 only); Claywood;
          Waterview Shores; Walnut Island; Coinjock Development, and Linda A. Gray
          minor subdivision dated July 23, 1985.

Modular Home
A dwelling unit constructed in accordance with the standards set forth in the North
Carolina State Building Code and composed of components substantially assembled in
a manufacturing plant and transported to the building site for final assembly on a
permanent foundation. Among other possibilities, a modular home may consist of two
sections transported to the site in a manner similar to a mobile home (except that the
modular home meets The North Carolina State Building Code), or a series of panels or
room sections transported on a truck and erected or joined together on the site.

Motor Vehicle
Every self propelled vehicle designed to run upon the highway and every vehicle
designed to run upon the highway that is pulled by a self propelled vehicle.

Movie Theater, indoor
A structure in which patrons view films inside of a fully enclosed building. This use may
include the sales of concessions and refreshments as an accessory use.

Movie Theaters, outdoor or drive-in
An entertainment use at which patrons view films outside of a fully enclosed building.
This use may include the sales of concessions and refreshments as an accessory use.

New Construction
Structures for which the “start of construction” commenced on or after the effective date
of the original version of this ordinance and includes any subsequent improvements to
such structures.


                                         17-33

                     Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Nonconforming Building or Development
Any legally existing building or development which fails to comply with the current
provisions of this ordinance.

Nonconforming Lot
A lot existing as of April 2, 1989 (and not created for the purposes of evading the
restrictions of this ordinance) that does not meet the minimum area requirement of the
district in which the lot is located, except that such a lot created pursuant to a provision
of this or any prior ordinance allowing the creation of lots smaller than normal minimums
shall not constitute a nonconforming lot.

Nonconforming Project
Any structure, development, or undertaking that is incomplete as of April 2, 1989 and
would be inconsistent with any regulation applicable to the district in which it is located if
completed as proposed or planned.

Nonconforming Sign
A sign that as of April 2, 1989 does not conform to one or more of the regulations set
forth in this ordinance.

Nonconforming Situation
A situation that occurs when, as of April 2, 1989, an existing lot or structure or use of an
existing lot or structure does not conform to one or more of the regulations applicable to
the district in which the lot or structure is located. Among other possibilities, a
nonconforming situation may arise because a lot does not meet minimum acreage
requirements, because structures exceed maximum height limitations, because the
relationship between existing buildings and the land (in such matters as density and
setback requirements) is not in conformity with this ordinance, because signs do not
meet the requirements of this ordinance, or because land or buildings are used for
purposes made unlawful by this ordinance.

Nonconforming Structure
Any structure which does not conform to the regulation of structures for this ordinance
for the district in which it is located either as of April 2, 1989 or as a result of subsequent
amendments which may be incorporated into this ordinance, but was either conforming
or not subject to regulation previously.

Nonconforming Use
A nonconforming situation that occurs when property is used for a purpose or in a
manner made unlawful by the use regulations applicable to the district in which the
property is located. (For example, a commercial office building in a residential district
may be a nonconforming use.) The term also refers to the activity that constitutes the
use made of the property. (For example, all the activity associated with running a bakery
in a residentially zoned area is a nonconforming use.)



                                            17-34

                       Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Nonconformity, Dimensional
A nonconforming situation that occurs when the height, size, or minimum floor space of
a structure or the relationship between an existing building, or buildings and other
buildings or lot lines does not conform to the regulations applicable to the district in
which the property is located.

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

Nursery
A commercial enterprise conducted on land where flowers, shrubs, trees, and similar
horticultural products are raised and sold to general public. Nurseries may include the
use of greenhouses.

Nursing Care Home
A residential care home maintained for the purpose of providing skilled nursing care and
medical supervision at a lower level than that available in a hospital to not more than
nine persons.

Nursing Care Institution
A residential care institution maintained for the purpose of providing skilled nursing care
and medical supervision at a lower level than that available in a hospital to more than
nine persons.

Office, Professional
A structure that houses professional occupations which do not generally involve the on-
site sale of goods to customers. This includes but is not limited to attorneys,
accountants, architects, doctors, and dentists.

Open Space
An area that:

     a.   is used to provide for either environmental, buffer, scenic or recreational
          purposes;

     b.   is not encumbered with any structure unless such structure is for recreational
          purposes available and accessible to all residents of the subdivision or
          general public, including indoor tennis courts, swimming pool and other
          facilities;

     c.   is not contained within a street right-of-way or otherwise devoted to use as a
          roadway, parking area not associated with the use of open space or above
          ground waste disposal facilities;


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                      Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

     d.   is legally and practicably accessible to the residents of the development out of
          which the open space is taken;

     e.   is not encumbered by underground septic lines, any part of a sewage
          disposal system, or any above ground or below ground structure;

     f.   may include farmland and tree farms;

     g.   is capable of being used and enjoyed for passive recreation, such as walking,
          jogging, or being improved for more active recreational use;

     h.   does not include any CAMA wetlands; and,

     i.   includes any part of any man-made or natural lakes or ponds provided they
          are completely surrounded by the development and under the ownership of
          the developer or homeowners association.

Outdoor Display
An area of designated size used for the display of merchandise or tangible property
normally vended within the contiguous business or organization. Multiple items may be
displayed on a rack designed for display purposes, or in an approved container, but
shall not be stacked upon each other for the purpose of storage.

Outdoor Kennel
See Kennel,Outdoor

Outdoor Storage
An area for the storage of goods that have a large size, mass, or volume and are not
easily moved or carried without the use of a mechanical lifting device. This includes but
is not limited to items such as lumber, large stacks of outdoor furniture, mulch, fertilizer,
equipment, and other similar uses.

Overall Site Preparation and Development
Land clearing or excavation prior to construction requiring plats showing maritime forest
and intended conservation and clearing before necessary approvals are granted.

Owner
The person firm or organization in whom is vested the ownership, dominion or title of
property. The person firm or organization who is recognized and held responsible by the
law as the owner of property.

Package Treatment Plant
A privately or publicly owned facility, other than a conventional residential septic tank
system, that is constructed for the purpose of treating sewage and discharging treated
effluent.


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                      Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Parking Area
The portion of a lot that is used by vehicles for access, circulation, parking and loading
and unloading. It comprises the total of circulation areas, loading and unloading areas,
and parking areas (spaces and aisles).

Parking Area Aisles (aka Drive Aisle)
That portion of the vehicle accommodation area consisting of lanes providing access to
parking spaces.




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                     Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Parking Space
A portion of the vehicle accommodation area set for the parking of one vehicle.

Person
An individual, trustee, executor, other fiduciary, corporation, firm, partnership,
association, organization, or other entity acting as a unit.

Pet Grooming Facility
A facility providing such services as grooming for dogs, cats, or other household pets
where these domestic animals are dropped off and picked up daily between the hours of
7 a.m. and 7 p.m. for temporary care on site and where they may be groomed, provided
that overnight boarding is not permitted. Retail sales of pet supplies and toys shall be
considered an accessory use. All activities shall be conducted within a fully enclosed
structure.

Plan, Construction
The engineered drawings of a subdivision submitted for pre-construction review
showing infrastructure and grading information.

Plan, Site Analysis
A drawing showing existing conditions and analyzing the natural features of a site
proposed for development.

Plan, Site Specific
A scaled drawing depicting the location and size of proposed buildings, parking areas,
landscaping, and other information necessary to meet the requirements of this
ordinance.

Plan, Sketch
An initial drawing depicting a proposed development that follows the subdivision
approval process.

Plan, Yield
A plan submitted for a conservation subdivision that is used to determine the maximum
permissible density for a development if it was developed in a conventional fashion.

Planned Unit Development (PUD)
A development constructed on a tract of at least ten acres under single ownership,
planned and developed as an integral unit, and consisting of a combination of
residential and nonresidential uses on land within a PUD Overlay.

Plat, Final
A map of all or a portion of a subdivision that is the legal instrument for recordation.
Final plats shall be consistent with the approved preliminary plat and construction plans.



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                     Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Plat, Preliminary
A map indicating the layout of a subdivision submitted after sketch plan approval and
before the final plat.

Post-FIRM
Construction or other development which started on or after the effective date of the
initial Flood Insurance Rate Map for the area.

Pre-FIRM
Construction or other development which started before the effective date of the initial
Flood Insurance Rate Map for the area.

Primary Frontal Dune
A continuous or nearly continuous mound or ridge of sand with relatively steep seaward
and landward slopes immediately landward and adjacent to the beach and subject to
erosion and over-topping from high tides and waves during major coastal storms. The
inland limit of the primary frontal dune occurs at the point where there is a distinct
change from a relatively steep slope to a relatively mild slope.

Principle Use
See “Use, Principle”.

Principlely Above Ground
At least 51% of the actual cash value of the structure is above ground.

Private Road
See Road, Private

Privately Owned Airport
An area of land or water, located on private property that is designed or used on a
recurring basis for the landing and take-off of aircraft and where no additional
commercial activities occur.

Produce Sales
The sale of agricultural products at a temporary or seasonal retail stand.

Property Owners
Those listed as owners of property on the records of the Currituck County Tax Office.

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



                                            17-38

                        Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

Public Water Supply System
Any water supply system furnishing potable water to ten or more dwelling units or
businesses or any combination thereof.

Quasi-judicial
The process by which the Board of Adjustment reviews requests for variances, appeals,
and conditional use permits and the Board of Commissioners reviews requests for
special use permits. Sworn testimony is given during the public hearing and an
evidentiary record is kept and voted upon based on specified findings of fact.

Receive-Only Earth Station
An antenna and attendant processing equipment for reception of electronic signals from
satellites.

Recreation Equipment Rentals and Instruction
A business that leases recreational equipment and/or provides instruction on
recreational equipment including but not limited to bicycles, kayaks, windsurfing, and
kites.

Recreational Facility, Outdoor Private
A privately owned area of land that is developed for active and/or passive recreational
pursuits with various manmade features and is designed to serve the immediate
neighborhood in which it is located, or can be regional in scope, serving several
neighborhoods. This includes but is not limited to private golf courses, country clubs.
This does not include campgrounds.

Recreational Facility, Outdoor Public
A publicly owned or commonly owned area of land that is developed for active and/or
passive recreational pursuits with various manmade features and is designed to serve
the immediate neighborhood in which it is located, or can be regional in scope, serving
several neighborhoods. This includes but is not limited to athletic fields, community
swimming pools, parks, and water access.

Recreational Vehicle
A motor vehicle that is designed for temporary use as sleeping quarters but that does
not satisfy one or more of the definitional criteria of a mobile home, and which is:




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                     Currituck County Unified Development Ordinance
 CHAPTER 17: DEFINITIONS

     a.   built on a single chassis;

     b.   400 square feet or less when measured at the largest horizontal projection;

     c.   designed to be self-propelled or permanently towable by a light duty truck;
          and,

     d.   not designed for use as a permanent primary dwelling, but as temporary living
          quarters for recreational, camping, travel, or seasonal use.

Reference Level
The portion of a structure or other development that must be compared to the regulatory
flood protection elevation to determine regulatory compliance. For structures within
Special Flood Hazard Areas designated as Zone A1-A30, AE, A, A99 or AO, the
reference level is the top of the lowest floor or bottom of lowest attendant utility including
ductwork, whichever is lower. For structures within Special Flood Hazard Areas
designated as zones VE or V1-V30, the reference level is the bottom of the lowest
horizontal structural member of the lowest floor or bottom of lowest attendant utility
including ductwork, whichever is lower.

Regulatory Flood Protection Elevation
The elevation, in relation to mean sea level, to which the reference level of all structures
and other development located within Special Flood Hazard Areas must be protected.
This elevation shall be the Base Flood Elevation (BFE) indicated on the FIRM. Where
no BFE has been established, this elevation shall be at least two feet above the highest
adjacent grade.

Religious Institution
A building or structure, or group of buildings or structures, which by design and
construction are primarily intended for conducting organized religious services. Day
care centers (which have enrollment capacities in excess of 25 enrollees) and/or
schools operated by the church on the facilities of the church shall be considered
separate principle uses.

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

Repetitive Loss
Flood-related damages sustained by a structure on two separate occasions during any
ten year period for which the cost of repairs at the time of each such flood event, on the


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average, equals or exceeds 25 percent of the market value of the structure before the
damage occurred.

Research Facility
A building or campus for an institution or group of institutions to conduct research for a
particular industry.

Residence, Duplex
A single residential building on one lot in designed to be occupied by two families living
independently of each other in which the dwelling units share a common wall and have
living space on the ground floor and separate ground floor entrances.

Residence, Multi-Family
A building containing three or more attached dwelling units on a single lot. Individual
units may be mixed vertically or horizontally within that building or attached to it by a
common floor or wall.

Residence, Multi-Family and Two-Family Conversion
A multi-family residence that contains not more than nine bedrooms, not more than six
dwelling units and results from the conversion of a single building containing at least
2000 square feet of gross floor area that was in existence prior to April 1, 1985.

Residence, Townhome
Two or more attached or detached dwelling units located on separate lots in which each
dwelling unit has living space on the ground floor and separate ground floor entrances.
Townhouses are generally located within a development containing internal streets,
walks, and open space or common elements.

Residence, Primary with Accessory Apartment
A residential use having the external appearance of a single-family residence but in
which there is located a second dwelling unit that comprises not more than 25 percent
of the gross floor area of the building, nor more than a total of 750 square feet.

Residence, Single-Family Detached, More Than One Dwelling Per Lot
A residential use consisting of two single-family detached dwelling units on a single lot.

Residence, Single-Family Detached, One Dwelling Unit Per Lot
A residential use consisting of a single detached building containing one dwelling unit
and located on a lot containing no other dwelling units.




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Residence, Two-Family
A residential use consisting of a building containing two dwelling units. If two dwelling
units share a common wall, even the wall of an attached garage or porch, the dwelling
units shall be considered to be located in one building.

Residence, Two-Family Apartment
A two-family residential use other than a duplex, two-family conversion, or primary
residence with accessory apartment.

Resident Manager/Caretaker Dwelling
A single-family dwelling occupied by someone who owns or is a manager/caretaker of a
nonresidential use for the purpose protecting such use.

Residential Airpark Development
A development constructed on one or more tracts of at least 40 acres under single or
multiple ownership, planned and developed as an integral unit that accommodates
residential development with airplanes and is located within a RAD Overlay.

Residential Care Home
A residential home in which the homeowner provides residential supervision, care, or
therapeutic services for nine or less adults, adolescents, or children not including
persons who require lock down or are dangerous or violent toward others. Medical care
is provided on an incidental and occasional basis. This shall not include “Family Care
Homes for the Handicapped” as defined by this ordinance or by NCGS 168-21. Homes
not meeting the definition of “Residential Care Home” fall into the category of
“Residential Care Institution”.

Residential Care Institution
An institutional facility in which supervision, care, therapeutic, or medical services are
provided for more than nine persons in a residential capacity or which do not otherwise
meet the requirements of a “Residential Care Home”.

Restaurant
A commercial establishment where food and drink are prepared, served, and consumed
primarily within the principle building. This also includes carry-out established where
food is consumed off-premises.

Restaurant, Drive-through
Restaurant where food is purchased by motorist from inside their vehicle to be
consumed off the premises or on the premises.

Retail Uses
Establishments engaged in selling goods or merchandise to the general public for
personal or household consumption and rendering services incidental to the sale of
such goods.


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Retirement Community
Any age restricted development, which may be in any housing form, including detached
and attached dwelling units, apartments, and residences offering private and semi-
private rooms.

Rezoning
See “Amendment, Zoning Map”.

Right of Way
An area of land not on a lot (or part of a minimum lot area) that is dedicated for public or
private use to accommodate a transportation system and necessary public or private
utility infrastructure (including but not limited to roads, water lines, sewer lines, power
lines, and gas lines.) In no case shall a right-of-way be construed to mean an easement.
For a subdivision subject to county review, the area of land shall be owned fee-simple
and of a sufficient width to meet the requirements of this ordinance.

Riverine
Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Road
A highway. An open way or public passage. A strip of land appropriated and used for
purposes of travel and transportation between different places.

Road, Private
A road or way for the use of private individuals.

Road, Public
A road or way established and adopted (or accepted as a dedication), by the proper
authorities for the use of the general public, and over which every person has a right to
pass and to use it for all purposes of travel and transportation to which it is adapted and
devoted.

Rooming House
A residential use:

     a.   that consists of at least one dwelling unit together with more than two rooms
          that are rented out or are designed or intended to be rented but which rooms,
          individually or collectively, do not constitute separate dwelling units, and

     b.   where the rooms are occupied by short term residents (less than month-to-
          month tenants) as opposed to overnight or weekly guests.

Sand-Lined Trench Waste Water Treatment Systems
A method of disposing of waste water where unsuitable soils are removed and replaced
with sandy soils to allow for proper infiltration. These systems are installed under the
authority of the Albemarle Regional Health Services (ARHS).

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School, Elementary and Secondary
A public or private institution for education or learning including athletic or recreational
facilities, which does not include lodging. This institution includes any school licensed by
the state and that meets the state requirements for elementary and secondary
education.

School, Instructional
A public or private institution or service that provides instruction in a particular skill,
including but not limited to dance, gymnastics, martial arts, visual arts, and performing
arts.

School, Trade or Vocational
A post-secondary school offering instruction in one or more skilled or semiskilled trades
or occupations.

Security Training Operations and Services
A facility located on at least 3,500 contiguous acres which provides the following
services; explosives training, driver training (including vehicle maintenance facility to
support driver training activities), training operations utilizing fixed and rotary wing
aircraft (including parachute operations and training, airstrip and supporting aviation
structures, and parachute landing zones), towers that are 100’ tall or less that are used
in connection with security training, dining facilities, commercial retail and lodging areas,
and office, clerical, research and services related to security training operations and
services.

Service Uses
Uses that include the provision of work that does not typically result in the transfer of
physical goods and that create benefits by facilitating a change in customers, a change
in their physical possessions, or a change in their intangible assets. (i.e. beauty shops,
dry cleaning, appliance repair, etc.) This does not include automotive/boat/heavy
equipment/manufactured home services.

Sexually Oriented Business (aka Adult Establishment)
A sexually oriented business shall be defined as any business activity, club or other
establishment, within which the exhibition, showing, rental, or sale of materials
distinguished or characterized by an emphasis on material depicting, describing, or
exhibiting specified anatomical areas or relating to specified sexual activities is
permitted. Sexually oriented businesses shall include, but are not limited to, adult
arcades, adult bookstores, adult businesses, adult motion picture theaters, adult
theaters, escort agencies, and massage businesses. As used in this Ordinance, the
following definitions shall apply:

     a.   Adult Arcade: An establishment where, for any form of consideration, one or
          more motion picture projectors, slide projectors, or similar machines are used
          to show films, motion pictures, video cassettes, digital reproductions, slides,
          or other photographic reproductions that are characterized by an emphasis

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       upon the depiction or description of specified sexual activities or specified
       anatomical areas.

  b.   Adult Bookstore: An establishment that has as substantial portion (over
       25% of total retail space) of its stock-in-trade and offers for rent or sale, for
       any consideration, any one or more of the following:

       i.   books, magazines, periodicals, or other printed matter, or photographs,
            films, motion pictures, video cassettes, digital reproductions, slides, or
            other visual representations that are characterized by an emphasis upon
            the depiction or description of specified sexual activities or specified
            anatomical areas; or

       ii. instruments, devices, or paraphernalia that are designed for use in
           connection with specified sexual activities.

  c.   Adult Business:       A nightclub, bar, restaurant, or other commercial
       establishment that regularly features, exhibits, or displays as one of its
       principal business purposes:

       i. persons who appear nude or semi-nude; or

       ii. live performances which are characterized by the exposure of specified
           anatomical areas or by specified sexual activities; or

       iii. films, motion pictures, videocassettes, digital reproductions, slides, or
            other photographic reproductions which depict or describe specified
            sexual activities or specified anatomical areas.

  d.   Adult Motion Picture Theater: An establishment where, for any form of
       consideration, films, motion pictures, video cassettes, digital reproductions,
       slides, or similar photographic reproductions are regularly shown as one of its
       principal business purposes that depict or describe specified sexual activities
       or specified anatomical areas.

  e.   Adult Theater: A theater, concert hall, auditorium or similar establishment
       characterized by (activities featuring) the exposure of specified anatomical
       areas or by specified sexual activities.

  f.   Escort Agencies: A person or business that furnishes, offers to furnish, or
       advertises to furnish escorts as one of its principal business purposes, for a
       fee, tip, or other consideration.




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  g.   Massage Business: Any establishment or business wherein massage is
       practiced, including establishments commonly known as massage studios or
       massage parlors. Specifically excluded from this definition are massages
       under the direct supervision of (i) a licensed physician (ii) a masseuse
       licensed in the State of North Carolina, or (iii) where massage is an accessory
       to the principle use (except as an accessory to an adult establishment or
       sexually oriented business) such as at health clubs and beauty salons

  h.   Specified Anatomical Areas: Specified anatomical areas shall be defined as
       less than completely and opaquely covered human genitals, pubic regions,
       buttocks and female breasts below a point immediately above the top of the
       areola; or human male genitals in a discernibly turgid state, even if completely
       and opaquely covered.

  i.   Specified Sexual Activities: Specified sexual activities shall include, but are
       not limited to, the following:

       i. human genitals in a state of sexual stimulation, arousal, or tumescence; or

       ii. sex acts, normal or perverted, actual or simulated, including human
           masturbation, sexual intercourse, sodomy, or oral copulation; or

       iii. fondling or other erotic touching of human genitals, pubic regions,
            buttocks, anus, or female breasts.




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Sheer Zone
The natural edge of a maritime forest or the new edge which has been exposed after
forest clearing has occurred.

Shopping Center
A group of commercial establishments planned, developed and/or managed as a unit
with off-street parking provided on the property that is located on a tract of land at least
four (4) acres in area.

Sign
Any device that:

     a.    is sufficiently visible to persons not located on the lot where such device is
           located to accomplish either of the objectives set forth in subdivision two of
           this definition, and

     b.    is designed to attract the attention of such persons or to communicate
           information to them.

Sign, Animated
Any sign which flashes, revolves, rotates, or swings by mechanical means or which
uses a change of lighting to depict action or to create a special effect or scene. (PB 08-10,
3/17/08)

Sign, Electronically Controlled Message
A sign on which the copy changes automatically on a lampbank, such that the message
or display does not run continuously in the travel mode, and any message or display
remains stationary for a minimum of five seconds. Any sign on which the message or
display runs continuously in the travel mode and/or on which any message or display
does not remain stationary for a minimum five seconds shall be considered an animated
sign. (PB 08-10, 3/17/08)

Sign, Externally Illuminated
A sign lighted by an external source that casts light on the face of the sign.




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                      Currituck County Unified Development Ordinance
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Sign, Freestanding
A sign that is attached to, erected on, or supported by some structure (such as pole,
mast, frame or other structure) that is not itself an integral part of a building or other
structure whose principle function is something other than the support of a sign. A sign
that stands without supporting elements, such as "sandwich sign", is also a freestanding
sign. If the message is removed from a structure that was originally designed and used
as a sign, this structure shall still be considered a sign.

Sign, Internally Illuminated
Sign where the source of the light is inside the sign and light emanates through the
message of the sign, rather than being reflected off of the face of the sign.

Sign, Message Board/Reader Board
That portion of a sign where the message changes by way of lights or some other
mechanical means.

Sign, Nonconforming
Any sign that does not meet one or more of the requirements of this ordinance as of the
effective date of this ordinance.

Sign, Off Premise
Any sign that directs one's attention to a service, commodity, entertainment, or business
that is offered elsewhere than on the premise where the sign is displayed.

Sign, Off Premise Direction Sign
A sign authorized by the Board of Commissioners in the Outer Banks Overlay District in
Corolla Village, businesses located within 1200’ of Caratoke Highway, and businesses
located along the Atlantic Intracoastal Waterway (Coinjock Canal) that displays the
name of the business only and the direction in which it is located. The off-premises
directional sign is similar in size and style to street name signs.

Sign, On Premise
Any sign that directs one's attention to a service, commodity, entertainment, or business
offered on the premise where the sign is located

Sign Permit
A permit issued by the administrator that authorizes the recipient to erect, move,
enlarge, or substantially alter a sign.

Sign, Portable
A sign that rests on the ground or another surface but that is not bolted to or otherwise
affixed to the ground or a permanent structure in some other substantially permanent
way.




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Sign, Temporary
A sign that:

     a.   is used in connection with a circumstance, situation, or event that is designed,
          intended or expected to take place or to be completed within a reasonably
          short or definite period after the erection of such sign, or

     b.   is intended to remain on the location where it is erected or placed for a period
          of not more than 15 days. If a sign display area is permanent but the
          message displayed is subject to periodic changes, that sign shall not be
          regarded as temporary.

Significant Dune
Any of the following sand dunes so situated that its destruction or disturbance would
cause a significant negative ecological or aesthetic impact, or constitute a potential
hazard to streets or buildings constructed in its path and whose height is 25 feet above
mean sea level. Significant dunes in Currituck County include Lewark Hill and Three
Sister's Hill.

Silvicultural Operations
The cultivation and care of forests.

Site-triangle
A triangular-shaped portion of land established at street and driveway intersections in
which nothing is erected or placed in such a manner as to limit or obstruct the line of
sight of motorists entering or leaving an intersection or business.

Social, fraternal, civic organization
Uses intended to serve public needs or to serve as public gathering places including
non-profit clubs or charitable service organizations.

Solid Waste Disposal Facility
Any facility involved in the disposal of solid waste, as defined in NCGS 130A-
290(a)(35).

Solid Waste Disposal Site
As defined as in NCGS 130A-290(a)(36).

Special Events
Circuses, fairs, carnivals, festivals, or other types of special events that:

     a.   run for longer than one day but not longer than two weeks,

     b.   are intended to or likely to attract substantial crowds; and,



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     c.    are unlike the customary or usual activities generally associated with the
           property where the special event is to be located.

Special Flood Hazard Area (SFHA)
The land in the floodplain subject to a one percent or greater chance of being flooded in
any given year as determined in this ordinance.

Special Use Permit (SUP)
A permit issued by the Board of Commissioners that authorizes the recipient to make
use of property in accordance with the requirements of this ordinance as well as any
additional requirements imposed by the Board of Commissioners.

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

Stockyard, Slaughterhouse, & Rendering
A site where livestock is stored and butchered for food.

Street
A public street or a street with respect to which an offer of dedication has been made.

Street, Arterial
A street whose principle function is to carry large volumes of traffic at higher speeds
through the county or from one part of the county to another. Specifically, the following
streets shall be considered arterials: US 158, US 168, NC 34, NC 136, NC 615, and NC
12 (Ocean Trail).

Street, Arterial Access
A street that is parallel to and adjacent to an arterial street and that is designed to
provide access to abutting properties so that these properties are somewhat sheltered
from the effects of the through traffic on the arterial street and so that the flow of traffic


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on the arterial street is not impeded by direct driveway access from a large number of
abutting properties.

Street, Collector
A street whose principle function is to carry traffic between local streets and arterial
streets but that may also provide direct access to abutting properties. It generally serves
or is designed to serve, directly or indirectly, more than 100 dwelling units and is
designed to be used or is used to carry more than 800 trips per day.

Street, Cul-de-sac
A street that terminates in a vehicular turnaround.

Street, Local
A street whose primary function is to provide access to abutting properties. It generally
serves or is designed to serve less than 100 dwelling units and handles less than 800
trips per day.

Street, Loop
A street that originates and terminates at intersections with the same street.

Street, Major Arterial
The following arterials that are part of the State's primary road system: US 158, US 168,
NC 34, NC 136, NC 615 and NC 12 (Ocean Trail).

Street, Minor Arterial
All arterials other than major arterials

Street, Private
A street other than a public street.

Street, Public
A public right-of-way for vehicular travel which has been designed, constructed and
dedicated to and accepted by the North Carolina Department of Transportation (DOT)
for public use or which has been otherwise obtained by DOT for such use or which is
proposed to be constructed and then dedicated to and accepted by DOT as a public
right-of-way for vehicular traffic for public use pursuant to this ordinance.

Street Setback
The distance between the nearest position of any structure or vehicular area and a
street or highway right-of-way line when measured perpendicularly thereto.

Structure
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that
is principally above ground (at least 51% of the actual cash value of the structure is
above ground). Any form or arrangement of a building or construction materials
involving the necessity or precaution of providing proper support, bracing, tying,

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anchoring, or other protection against the pressure of the elements. It also means any
substantial structure which, by reason of its size, scale, dimensions, bulk, or use tends
to constitute a visual obstruction or generate activity similar to that usually associated
with a building. Fences running along lot boundaries adjacent to public street rights-of-
way if such fences exceed six feet in height and are substantially opaque shall be
deemed to fall within this description and are therefore prohibited within the setback
area.

Structure Highlighting

     a.   Exposed or channel neon, argon, krypton or similar gas tube lighting, not
          utilized as part of a permitted signage, that directs attention to a building, or
          structure,

     b.   Any unshielded light source, or light source that illuminates a translucent or
          opaque two or three dimensional surface, or object, that is not part of a
          permitted sign, that directs attention to a building or structure.

Subdivider
Any person who subdivides or develops any land deemed to be a subdivision as
defined in this ordinance.

Subdivision
The division of a tract of land into two or more lots, building sites, or other divisions for
the purpose of sale or building development (whether immediate or future) and including
all divisions of land involving the dedication of a new street or a change in existing
streets; but the following shall not be included within this definition nor be subject to the
regulations of this ordinance applicable strictly to subdivisions:

     a.   the combination or recombination of portions of previously platted lots where
          the total number of lots is not increased and the resultant lots are equal to or
          exceed the minimum standards set forth in this ordinance;

     b.   the division of land into parcels greater than ten acres where no street right-
          of-way dedication is involved;

     c.   the public acquisition by purchase of strips of land for widening or opening
          streets; or,

     d.   the division of a tract in single ownership whose entire area is no greater than
          two acres into not more than three lots, where no street right-of-way
          dedication is involved and where the resultant lots are equal to or exceed the
          minimum standards set forth in this ordinance.




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Subdivision, Conservation
A residential subdivision where lot sizes may be reduced to a minimum of 20,000
square feet and at least 45% open space shall be provided. Subdivisions of five lots or
less that are developed under these standards will not be eligible for a density bonus.
Subdivisions with more than 40 lots are required to meet the conservation subdivision
standards, unless lot sizes are five acres or more.

Subdivision, Conventional Major
Major subdivisions of less than 40 lots or all lots are greater than 5 acres and all lots
front on a public or private street. No open space is required and all lots front on an
existing public street or a street dedicated to a homeowners association.

Subdivision, Conventional Minor
Consisting of five lots or less fronting on an existing public street.

Subdivision, Existing Mobile Home
See: Mobile Home Subdivision, Existing

Subdivision, Family
A subdivision where single-family lots may be permitted to front on a private accessway
and the division of lots may occur at a rate not greater than one lot per year up to a
maximum of five lots.

Subdivision, Major
A subdivision that creates six or more lots and is subject to the improvement standards
in this ordinance.

Subdivision, Minor
A subdivision that does not involve any of the following:

   a. the creation of more than a total of five lots;

   b. the creation of any new public streets.

Subdivision, Open Space
A residential subdivision that fronts on a dedicated public street or a street dedicated to
a homeowners association where open space is provided in this ordinance.

Subdivision, Private Access (PAS)
A minor subdivision with a maximum of five lots developed exclusively for individual lots
fronting on a private street constructed to NCDOT standards.




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Subdivision, Planned Unit Development (PUD)
Where mixed residential and commercial developments are planned as a unit.

Subdivision, Residential Airpark Development (RAD)
Where residential development adjoining the Currituck County Airpark may be planned
to provide for right-of-ways to be used for both motor vehicles and taxiing aircraft.

Substantial Damage
Damage of any origin sustained by a structure since November 1, 1984 whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred. See definition
of “substantial improvement.” Substantial damage also means flood-related damage
sustained by a structure on two separate occasions during a ten year period for which
the cost of repairs at the time of each such flood event, on the average, equals or
exceeds 25 percent of the market value of the structure before the damage occurred.

Substantial Improvement
Any combination of repairs, reconstruction, rehabilitation, addition, or other
improvement of a structure, taking place since November 1, 1984 which the cost equals
or exceeds 50 percent of the market value of the structure before the “start of
construction” of the improvement. This term includes structures which have incurred
“substantial damage”, regardless of the actual repair work performed. The term does
not include:

     a.   any correction of existing violations of state or community health, sanitary, or
          safety code specifications which have been identified by the community code
          enforcement official and which are the minimum necessary to assure safe
          living conditions, or
     b.   any alteration of a historic structure, provided that the alteration will not
          preclude the structure's continued designation as a historic structure.

Tattoo Parlors
Any establishment or business engaged in the business or practice of dyeing, staining,
or producing scars in, on, or under the living human skin.

Taxi Service
Transport by vehicle (ex. taxi, limousine) for a single passenger or small group of
passengers between locations of their choice.

Technical Review Committee (TRC)
The group of representatives from various departments or agencies responsible for
reviewing and making recommendations on development plans.

Temporary Building
Structures built in accordance with the North Carolina State Building Code and built in
accordance with the standards promulgated by the U.S. Department of Housing and
Urban Development.
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Temporary Construction or Sales Office
A temporary mobile unit located at a development site for to be used for construction or
sales purposes.

Temporary Em