| The information Contained in this Zoning Code is Deemed to be Accurate and Reliable, However all Information Is Recommended to be Verified with the Town Zoning Official |
| Copy Right 2007 Town of Mount Olive. All Rights Reserved |
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CHAPTER 155: ZONING CODE
Section
GENERAL PROVISIONS. 4
155.001 AUTHORITY.. 4
155.003 PURPOSE.. 4
155.004 JURISDICTION.. 4
155.005 DEFINITIONS. 5
155.006 INTREPRETATION OF CERTAIN TERMS. 18
ZONING MAP; DISTRICT BOUNDARIES. 18
155.020 ZONING MAP. 18
155.021 INTREPRETATION OF DISTRICT BOUNDARIES. 19
SUPPLEMENTARY REGULATIONS. 20
155.035 GENERAL REGULATIONS. 20
155.036 LOTS OF RECORD.. 22
155.037 HEIGHT LIMITATIONS. 22
155.038 MOBILE/MANUFACTURED HOMES. 23
155.039 ESTABLISHED CONDITIONS OF SPECIAL USES. 23
155.040 ESTABLISHMENT OF A ZONING VESTED RIGHT. 24
155.041 CONDITIONAL AND SPECIAL USES: OBJECTIVES AND PURPOSE 27
155.042 DESIGNATION OF STREET ADDRESS. 31
155.043 LANDSCAPE REQUIREMENTS. 31
155.044 FENCES AND WALLS. 38
DISTRICT REGULATIONS. 40
155.055 ESTABLISHMENT OF DISTRICTS. 40
155.056 AR – AGRICULTURAL – RESIDENTIAL DISTRICT. 40
155.057 R-20 SINGLE-FAMILY RESIDENTIAL DISTRICT. 50
155.058 R-15 MEDIUM TO LOW-DENSITY RESIDENTIAL DISTRICT. 53
155.059 R-10 MEDIUM-DENSITY RESIDENTIAL DISTRICT. 56
155.060 R-8 HIGH-DENSITY RESIDENTIAL DISTRICT. 63
155.061 R-6 HIGH-DENSITY RESIDENTIAL DISTRICT. 66
155.062 O & I OFFICE AND INSTITUTIONAL. 69
155.063 C-1 DOWNTOWN – COMMERCIAL DISTRICT. 71
155.064 C-2 HEAVY COMMERCIAL DISTRICT. 74
155.065 C-3 NEIGHBORHOOD COMMERCIAL DISTRICT. 80
155.066 C-4 MAJOR HIGHWAY CORRIDOR. 82
155.067 I-1 HEAVY INDUSTRIAL. 84
155.068 I-2 LIGHT INDUSTRIAL DISTRICT. 93
155.069 A – AIRPORT DISTRICT. 100
155.070 UC – UNIVERSITY – COLLEGE DISTRICT. 103
HOME OCCUPATIONS. 107
155.080 GENERAL REQUIREMENTS. 107
155.081 DIVISION OF CLASSES OF HOME OCCUPATIONS; REGULATIONS. 108
MOBILE HOME PARK REGULATIONS AND APPLICATION PROCEURES. 109
155.086 INTENT. 109
155.088 GENERALLY.. 109
155.090 STANDARDS AND REQUIREMENTS FOR MOBILE HOME PARKS. 110
155.090.1 SUPPLEMENTARY REGULATIONS FOR MANUFACTURED..
HOMES IN EXISTING MANUFACTURED HOME PARKS. 115
155.091 APPLICATION PROCEDURE FOR SPECIAL USE. 116
155.092 CERTIFICATE OF OCCUPANCY. 117
MODULAR AND MOBILE FACILITIES ORDINANCE.. 118
155.094 INTENT. 118
155.096 GENERALLY.. 118
155.098 PLACEMENT OF MODULAR OFFICE FACILITIES. 118
155.100 EXISTING MODULAR FACILITIES. 121
NONCONFORMING USES. 121
155.105 INTENT. 121
155.106 VACANT LOTS. 121
155.107 STRUCTURES. 121
105.108 USES OF LAND.. 122
105.109 USES OF BUILDINGS OR STRUCTURES. 122
155.110 EXISTING MANUFACTURED HOMES ON NON-CONFORMING INDIVIDUAL LOTS: 123
155.111 MOBILE HOME PARKS. 125
155.112 NONCONFORMING STRUCTURE OR TREE IN THE “A” AIRPORT DISTRICT 125
155.113 AVOIDANCE OF UNDUE HARDSHIP. 125
OFF-STREET PARKING AND LOADING.. 126
155.125 OFF-STREET PARKING. 126
155.125.01 SUPPLMENTARY REGULATIONS FOR STORAGE OF CERTAIN VEHICLES, OFF-STREET
PARKING AND LOADING.. 128
155.126 OFF-STREET LOADING. 130
SIGNS. 131
155.135 COMPLIANCE.. 131
155.136 GENERAL SIGN REGULATIONS. 131
155.137 PERMITTED SIGNS. 132
155.138 OFF-PREMISES SIGNS PROHIBITED. 136
PLANNING BOARD.. 137
155.140 CREATION.. 137
155.141 MEMBERS; APPOINTMENT, ETC. 137
155.142 ORGANIZATION AND RULES. 138
155.143 STAFF AND FINANCES. 138
155.144 GENERAL POWERS AND DUTIES. 139
155.145 PURPOSES IN VIEW... 139
155.146 MISCELLANEOUS POWER AND DUTIES OF PLANNING BOARD.. 139
155.147 GENERAL MAKE-UP OF THE BOARD AND EXPECTED..
QUALIFICATIONS OF CANDIDATES. 140
BOARD OF ADJUSTMENT.. 141
155.150 COMPOSITION. 141
155.151 RULES FOR PROCEEDINGS. 141
155.152 POWERS AND DUTIES. 143
155.153 APPEALS. 146
ADMINISTRATION AND ENFORCEMENT.. 147
155.165 ZONING ADMINISTRATOR. 147
155.166 ZONING PERMIT. 147
155.167 CERTIFICATE OF OCCUPANCY AND COMPLIANCE.. 148
155.168 RIGHT OF APPEALS. 148
155.169 AMENDMENTS. 148
155.170 LEGAL STATUS PROVISIONS. 152
155.999 PENALTY.. 152
The information Contained in this Zoning Code is Deemed
to be Accurate and Reliable,
However all Information Is Recommended to be Verified
with the Town Zoning Official
Updating Assistance by:
North Carolina Division of Community Assistance
Central Region
6-1-07
GENERAL PROVISIONS
155.001 AUTHORITY
This chapter establishes comprehensive zoning regulations for the town, a municipal corporation of the state,
and provides for the administration, with the provisions of the G. S. Ch. 160A, Art. 19, and for the repeal of all
chapters in conflict herewith.
(Ord. passed 6-1-92)
155.002 TITLE
This chapter shall be known and may be cited as “The Zoning Chapter of the Town of Mount Olive, North
Carolina.”
(Ord. passed 6-1-92)
155.003 PURPOSE
The purpose of these regulations shall be to accomplish a coordinated, balanced, and harmonious
development of the land within the corporate limits of the Town of Mount Olive and within the extraterritorial
jurisdiction, in a manner which will best promote the health, safety, morals, convenience, order, prosperity, and
general welfare of the people, as well as to provide for efficiency and economy in the process of development;
to make adequate provisions for traffic; to secure safety from fire, panic, and other hazards; to provide for light
and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the
adequate provision of the transportation, water, sewerage, school, parks, and other public requirements; to
promote desirable living conditions and the sustained stability of neighborhoods; and to protect property
against blight and depreciation.
(Ord. passed 6-1-92)
155.004 JURISDICTION
The provisions of this chapter shall apply within the corporate limits of the town and within the
extraterritorial jurisdiction adopted by the town
(Ord. passed 6-1-92)
155.005 DEFINITIONS
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or
requires a different meaning
ACCESSORY. Incidental to another use or structure on the same lot.
ALTERATION. Includes any of the following:
a) Any addition to the height of depth of a building;
b) Any change in the location of any of the exterior walls of a building; and
c) Any increase in the interior accommodation of a building
APARTMENT. A room or unit of one (1) or more rooms, each of which have kitchen facilities, and are
designated or intended to be used, as an independent unit, on a rental basis.
APPROVAL AUTHORITY. The Mount Olive Board of Commissioners or Board of Adjustment.
ASSEMBLY. A joining together of completely finished parts to create a finished product.
AUTOMOBILE WASH or AUTOMATIC CAR WASH. A lot on which motor vehicles are washed or waxed, either by
the patron or by others, by hand or by using machinery specifically designed for the purpose.
BOARD OF ADJUSTMENT. A semi-judicial body compose of representatives from or for the planning
jurisdiction of Mount Olive which are given certain powers under and relative to this chapter.
BOARD OF COMMISSIONERS. The governing body of the Town of Mount Olive.
BOARDING HOUSE. A rooming house or a structure which contains four (4) or more rooms, each of which have
no kitchen facilities, and are designed or intended to be used for residential occupancy on a rental basis. The
owner must reside permanently on the premises.
BUILDING. Any structure, either temporary or permanent, having a roof or other covering, and designed or
used for the shelter or enclosure of any person, animal, or property of any kind, including tents, awnings, or
vehicles situated on private property and used for purpose of building.
BUILDING, COMMERCIAL. Any building used for business purposes.
BUILDING, DETACHED. A building having no party or common wall with another building except an accessory
building.
BUILDING, HEIGHT OF. Means the vertical distance from the average under-walk grade, or finished grade of
the building line, whichever is the highest, to the highest point of the building.
BUILDING INSPECTOR. The official or other designated authority charged with the administration and
enforcement of the North Carolina Building Code
BUILDING LINE. A line located a minimum horizontal distance from the right-of-way line of a street or property
line parallel thereto between which and the street right-of-way line or property line no building or parts of a
building may be erected, altered, or maintained except as otherwise provided herein.
BUILDING, MAIN. A building in which the principal use of the lot on which the building is situated is conducted.
BUILDING, SITE. Any lot or portion thereto, of a parcel of land upon which a building or buildings may be
erected in conformance with the provisions contained herein.
BUSINESS RESIDENCE. A residential unit(s) contained within a principal use, provided that:
(1) The residential unit(s) may be occupied solely by the person engaged in the principal use or a full-time
employee and his family members residing with him;
(2) Residential units may be permitted to be sold as condo units or occupied by persons other than
the person engaged in the principal use or a full-time employee and his family members residing with him;
(3) Commercial buildings in the C-1 Downtown – Commercial District may be converted to residential
use on the ground floor and upper levels provided no more than fifty (50) percent of the ground floor is used
for residential use and the remaining floor space be used as common area or commercial use. The residential
use is to be located to the rear of the storefront and the commercial or common area use to be located at the
front floor area of the storefront so as not to interrupt the commercial frontage.
(4) The business residential unit(s) that are permitted in other districts shall be located on the ground
floor and upper levels provided no more than fifty (50) percent of the ground floor is used for residential use
and the remaining floor space be used as common area or commercial use. The residential use is to be located
to the rear of the storefront and the commercial or common use to be located at the front floor area of the
storefront so as not to interrupt the commercial frontage.
(5) In addition to the required off-street parking for the principal use, two off-street parking spaces shall be
provided for each of the residential unit(s).
CAMPERS, TRAVEL TRAILERS. A recreational vehicle that is intended to be transported over the streets and
highways (either as a motor vehicle or attached to or hauled by a motor vehicle); and that is designed for
temporary use as sleeping quarters, but that does not satisfy one or more of the definitional criteria of a
manufactured home.
CERTIFICATE OF OCCUPANCY. A statement signed by the Zoning Administrator setting forth that the building,
structure, or use complies with the zoning chapter and any applicable construction codes, and that the same
may be used for the purposes stated herein.
CODE ENFORCEMENT OFFICER (synonymous with zoning officer, code enforcement administrator,
enforcement officer, minimum housing code enforcement officer, zoning administrator, etc.) A town-appointed
person to administer and enforce this code, where applicable, and for the review of zoning and building permit
applications to ensure compliance with the provisions of this chapter and any other assigned codes and local,
state and federal laws. Reference to the code enforcement officer may be construed to include building
inspector, plumbing inspector, electrical inspector, and the like, where applicable.
CHILD CARE CENTER. Any establishment that provides regular care, activity, and supervision (with or without
academic instruction) for five or more children under the age of sixteen, and operates more than four hours per
day but not more than eighteen hours per day. A commercial or nonprofit child care center establishment is not
operated as a small or large day care home. Includes infant centers, preschools, and extended day care
facilities. These may be operated in conjunction with a business, school, or religious facility, or as an
independent land use. The child care center must meet applicable requirements of the state building code and
must have a fence of at least four feet in height surrounding any play area provided for the children. The
operation of the center shall comply with all federal, state and local codes.
COMMERCIAL LIVESTOCK PRODUCTION. Means the following:
a) CATTLE FACILITIES. Includes feeder lots, milking barn, animal waste lagoons, and any cattle facility in
which four (4) or more cattle are housed or kept on one (1) acre of land, or less for thirty (30) days or more.
b) POULTRY FACILITIES. Includes poultry houses, animal waste lagoons, and other areas which house or
contain fifty (50) or more animals (chickens, turkeys, game birds, or other types of poultry.)
c) SWINE FACILITIES. Includes farrowing houses, topping floors, animal waste lagoons, and any other
breeder and/or feeder operations which house or contain seven (7) or more swine in total.
d) OTHER CONFINED ANIMAL FACILITIES. Includes facilities for goats, sheep, horses, dogs and other
poultry or livestock which house or contain four (4) or more animals on one (1) acre of land, or less, for thirty
(30) days or more.
CONSTRUCTION, TRADES. One who accomplishes work or provides facilities under contract with another and
specifically engages in a specialized trade such as plumbing, heating, wiring, sheet metal, and roofing work,
etc.
DAY CARE CENTER. A facility inclusive of a kindergarten, for the care and/or education of preschool age
children licensed by the North Carolina Department of Human Resource.
DAY CARE HOME, LARGE A home or facility wherein at least three, but not more than twelve when any
preschool-aged or three to fifteen children when only school-aged children receive care away from their own
home by persons other than their own parents, legal guardians or relatives within the fourth degree of kinship,
on a regular basis more than once per week for more than four hours per day. The facility must operate 12
hours per day or less. All children, other than the children of the operator, must be counted. The operator of
the home must reside on the premises. The home must meet applicable requirements of the state building code
and must have a fence of at least four feet in height surrounding any play area provided for the children. A sign
not exceeding two square foot in size, advertising the day care home, shall be permitted. The operation of the
home shall comply with all federal, state and local codes and shall be permitted by a special use permit in all
residential districts and shall comply with section 155.041 of this ordinance.
DAY CARE HOME, SMALL. A home or facility wherein at least two, but not more than five, children receive care
away from their own home by persons other than their own parents, legal guardians or relatives within the
fourth degree of kinship, on a regular basis more than once per week for more than four hours per day. The
facility must operate 12 hours per day or less. All children, other than the children of the operator, must be
counted. Child day care homes shall be considered home occupations. The operator of the home must reside
on the premises. The home must meet applicable requirements of the state building code and must have a
fence of at least four feet in height surrounding any play area provided for the children. A sign not exceeding
two square foot in size, advertising the day care home, shall be permitted. The operation of the home shall
comply with all federal, state and local codes and shall be permitted by right in all residential districts as home
occupation and shall comply with Sections 155.080 and 155.081 of this ordinance.
DRIVE-IN (EATING OR DRINKING FACILITY). An establishment that provides employee curb service or
accommodations through special equipment or facilities for the ordering of food or beverage from a vehicle.
DWELLING, MULTI-FAMILY. A building used or designed as a resident for more than two families living
independently of each other.
DWELLING, SINGLE-FAMILY. A detached building designed for or occupied exclusively by one (1) family.
DWELLING, TWO-FAMILY. A detached building either designed for or occupied by two (2) families living
independently of each other.
DWELLING UNIT. A residential structure or that portion of a residential structure used or designed as a
residence for one (1) family.
ERECT. To build, construct, rebuild, reconstruct, as the same are commonly defined.
FABRICATION. The processing and/or assemblage of various components into a complete or partially
completed commodity. Fabrication related to stamping, cutting, or otherwise shaping the processed materials
into useful objects. The refining aspects of manufacturing and other initial processing of basic new raw
materials such as metal, ore, lumber, and rubber, etc. are included.
FAMILY. One (1) or more person(s) or group of two (2) or more persons living together and interrelated by
bonds of marriage or legal adoption occupying the whole part of a dwelling as a separate housekeeping unit
with a common and single set of culinary facilities. The person thus constituting a family may also include two
(2) additional guests who occupy rooms for which compensation may or may not be paid. Any group of
persons not so related but inhabiting a single housekeeping unit shall be considered to constitute one (1)
family for each five (5) persons exclusive of domestic employees, contained as one (1) group.
FAMILY CARE HOME. A home with support and supervisory personnel that provides room and board, personal
care and habitation services in a family environment for not more than six resident handicapped persons.
FARMER’S MARKET: A retail establishment primarily engaged in the sale of fresh fruits, vegetables and similar
perishable goods. This definition does not include “Roadside Stands.”
FLEA MARKET. Buildings or open areas in which booths or sales areas are provided for entry by various
unrelated individuals to sell a variety of merchandise. This does not include yard sales, rummage sales, garage
sales or farmer’s markets.
FRONTAGE. All property abutting one (1) side of a street measured along the street line.
GARAGE, PRIVATE. A building or space used as an accessory to a part of the main building permitted in any
residential district that provides storage space for motor vehicles and in which no business, occupation, or
service for profit is in any way conducted.
GROUP HOME. A facility licensed by the appropriate state agency and for the care of no more than three
unrelated individuals, excluding supervisory personnel, who are handicapped, aged or disabled and are
undergoing rehabilitation or extended care, and are provided services to meet their specific needs. This
definition includes group homes for all ages, halfway houses, foster homes and boarding homes.
HANDICAPPED PERSON A person with a temporary or permanent physical, emotional or mental disability,
including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments,
emotional disturbances or orthopedic impairments, but not including mentally ill persons who are dangerous to
others as defined in G.S. 122-58.2(1)b.
HOME CARE UNIT. A facility meeting all the requirements of the State of North Carolina for boarding and care
of not more than five (5) persons who are not critically ill and do not need regular professional medical attention.
HOME OCCUPATION, Certain specified occupations customarily conducted for profit within a dwelling unit and
carried on by the occupant thereof. Criteria for the classification of a home occupation is contained in this
chapter.
INDUSTRY, PILOT OPERATION, A manufacturing establishment that produces only research and/or sample
products and is not engaged in the mass production of any product for wholesale or retail sale to the general
public or other businesses. This definition shall also include custom and manufacturing of commodities
produced by skilled artisans or craftsmen, but in not inclusive of the mass production of any commodity by such
artisans or craftsmen.
JUNK, Pre-used or unusable metallic parts and other non-metallic manufactured products that are worn,
deteriorated, or obsolete making them unusable in their existing condition, but are subject to be dismantled
and salvaged.
JUNK YARD, The use of more than six hundred (600) square feet of any lot for the storage of junk, including
scrap metal, or other scrap materials, or for the dismantling or abandonment of automobiles or other vehicles
or machinery.
KENNEL, A facility operated exclusively for profit and for the expressed purpose of breeding or providing
shelter for animals.
LOT, Means land area which is composed of a single parcel or contiguous parcel of land under same
ownership and is recorded as such in the Office of the Register of Deeds.
LOT AREA, The parcel of land enclosed within the boundaries formed by the property lines plus one-half of
any alley abutting the lot between the boundaries of the lot, if extended.
LOT, CORNER. Any parcel of land having frontage on more than one (1) street (road) which abuts an
intersection of those streets (roads).
LOT DEPTH, The depth of a lot, for the purpose of this chapter, is the distance measured in the mean
direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite lot line.
LOT LINE, The boundary of a parcel of land.
LOT LINE, FRONT, Any boundary line of a lot running along a street right-of-way line.
LOT OF RECORD, A lot which has been recorded in the Office of the Register of Deeds or a lot described by
metes and bounds the description of which has been recorded in the aforementioned office.
LOT LINE, REAR. The rear lot line, shall be the property line (s) which is (are) opposite the front property line.
If no property line is deemed to be opposite the front property line and no minimum building line exists on the
final plat to establish a rear lot line, then there shall be no rear lot line; however, the rear yard setback shall be
maintained for the point (apex) on the property’s perimeter which his the furthest removed from the midpoint of
the front line. The rear yard minimum building line shall be a line perpendicular to a straight line connecting
said apex and the midpoint on the front line.
LOT LINE, SIDE. A boundary line which is not defined as a front or rear lot line.
LOT, THROUGH. A continuous lot of the same depth as the width of a block, accessible from both rights-of-
way upon which it fronts.
LOT, WIDTH. The horizontal distance between the side lines measured along the front building line as specified
by the applicable front yard setback in this chapter.
MANUFACTURED HOME. A detached residential dwelling unit, that does not meet the construction standards
of the North Carolina State Building Code, is more than thirty-two (32) feet in length and more than eight (8)
feet wide designed for transportation after fabrication on its own wheels or on flatbeds or other trailers, and
arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy, except for
minor and incidental unpacking and assemble operation including, but not limited to, location of jacks or other
temporary or permanent foundation, and connection to utilities. Travel trailers and campers shall not be
considered manufactured homes.
MOBILE/MANUFACTURED HOME, CLASS A (DOUBLE-WIDE). A manufactured 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 the following additional
criteria:
(1) The home has a length not exceeding four (4) times its manufactured
width; and
(2) The pitch of the manufactured home’s roof has a minimum vertical rise of two and two-tenths feet for each
twelve feet of horizontal run (4” in 12”) and the roof is finished with shingles; and
(3) The exterior siding consists predominately of vinyl or aluminum horizontal lap siding, wood, or hard-
board;
MOBILE/MANUFACTURED HOME, CLASS B (SINGLEWIDE). A manufactured home constructed after July 1,
1976 that meets or exceeds the standards promulgated by the U.S. Department of Housing and Urban
Development that were in effect at the time of construction, but which does not meet the definition of a Class A
(Doublewide) manufactured home.
MOBILE/MANUFACTURED HOME, CLASS C. A manufactured home that does not meet the definition of either
a Class A or a Class B manufactured home. Class C mobile/manufactured homes shall not be allowed within the
zoning jurisdiction of the town.
MOBILE HOME PARK. Any lot or part thereof, or any parcel of land which is used or offered as a location for
two or more manufactured homes, regardless of whether or not a charge is made for such accommodations.
MOBILE OFFICE BUILDINGS/FACILITIES. A complete ready-to-use building assembled in a manufacturing
plant and transported to the building site, designed primarily for the construction trade to house administrative
activities, tools, and blueprints during the erection of a permanent building. Mobile office facilities do not meet
North Carolina State Building Code, and are allowed within any zoning jurisdiction of the Town of Mount Olive
strictly on a temporary basis in conjunction with the issuance of a building permit for a permanent structure.
MODULAR HOME. A dwelling unit constructed in accordance with 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, completely enclosed foundation. This unit may consist of two (2) or more
sections transported to the site in a manner similar to a manufactured home (except that a 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
MODULAR OFFICE BUILDINGS/FACILITIES: An office or commercial facility constructed in accordance with
North Carolina State Building Code and completed as a unit ready for use, or composed of components
substantially assembled in a manufacturing plant and transported to the building site for final assemble on a
permanent, completely enclosed foundation. This unit may consist of one or more sections transported to the
site either as a complete unit, or as a series of panels or room sections transported on a truck and erected or
joined together on the site.
NONCONFORMING USE. A use of buildings or land that does not conform with the regulations of the district in
which such building or land is situated but was lawful at the time the use began.
NURSING HOME. A structure designed or used for residential occupancy and providing limited medical or
nursing care on the premises for occupants, but not including a hospital or mental health center.
PLANNED UNIT DEVELOPMENT. A residential, commercial, or combination of residential and commercial
projects located on land under unified control, planned as a whole, and developed as a single development or
in a definitely programmed series of units or stages of development according to comprehensive and detailed
plans, with a program for the provision, operation, and maintenance of any areas, improvements, and facilities
provided for the common use of the occupants or users of the development.
PLANNING BOARD, Means for the purposes of this chapter a body appointed by the Town Board of
Commissioners of Commissioners to perform the following duties:
(1) Develop and recommend long-range development plans and policies; and
(2) Advise the Board of Commissioners in matters pertaining to current physical development and zoning for
the Town’s planning jurisdiction
PROCESSING, Any operation changing the nature of material or materials chemical composition or physical
properties. Does not include operations described as fabrication.
PUBLIC SEWER SYSTEM, Any sewage disposal system whether operated publicly or privately other than a pit
privy or a septic tank located on the lot and approved by the County Health Department.
PUBLIC WATER SYSTEM, A system for the provision to the public of piped water for human consumption if
such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five
(25) individuals daily at least sixty (60) days out of the year.
RETAIL. The sale of a commodity to the ultimate consumer and not customarily subject to sale again.
RIDING SCHOOL. An equestrian institution of learning requiring tuition.
ROADSIDE STANDS. A seasonal / temporary establishment that is dismantled or removed at the end of the
day or season from which fresh fruits, vegetables or other perishables are offered for sale.
RUMMAGE SALES. The display and sale by a nonprofit organization or group of personal property donataed
by members which has been owned or previously used. Rummage Sales are permitted only on premises of a
non-profit organization. A permit is required.
SALVAGE OPERATION, means the reclamation, dismantling, or storage or pre-used commodities, junk, and
similar material for the purposes of resale, processing, distribution or deposition.
SERVICE STATION, means a building or lot where gasoline, oil, grease, and automotive accessories are
supplied and dispensed to a motor vehicle trade.
SETBACK, The distance between the minimum building line and the street right-of-way line and where no
street right-of-way is involved, the property line shall be used in establishing the setback.
SIGN, Any words, lettering, parts of letters, pictures, figures, numerals, phrases, sentences, emblems devices,
design, trade names, or trademarks by which anything is made known such as the designation of an individual,
firm, association, profession, business commodity, or product which are visible from any public way and used to
attract attention.
SIGN, AREA OF, Sign area shall be computed by the smallest square, triangle, rectangle, circle, or combination
thereof which will encompass the entire sign including lattice work, frame, or supports incidental to its
decoration. In computing the area, only one (1) side of a double-face sign structure shall be considered.
SIGN, BUSINESS OR INDUSTRIAL IDENTIFICATION, Any sign which advertises an establishment, service,
commodity, or activity conducted upon the premises where such sign is located.
SIGN, OUTDOOR ADVERTISING, Any sign which advertises an establishment, service, commodity, goods, or
entertainment sold or offered on premises other than that on which such sign is located.
SIGN, PORTABLE, Any sign not exceeding eighty (80) square feet in billboard area and constructed as a part
of or attached to a trailer.
SITE SPECIFIC DEVELOPMENT PLAN, A plan of land development submitted to the Town for purposes of
obtaining a Conditional Use Permit, Special Use Permit, or Zoning Permit. If a Conditional or Special Use Permit
is not normally required for the type of development for which a vested right is sought, a site specific
development plan for the use may be approved as a Special Use, if the normal procedures in the chapter for
obtaining a Special Use Permit are followed. Notwithstanding the foregoing, neither a variance nor any other
document that fails to describe with reasonable certainty the type and intensity of use for a specified parcel or
parcels of property shall constitute a site specific development plan.
STORAGE, The deposition of commodities or items for the purposes of future use or safekeeping.
STREET, A public thoroughfare which affords access to abutting property and is recorded as such in the Office
of the County Register of Deeds.
STRUCTURE, See BUILDING.
SUBDIVISION, All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other division
for the purpose, whether immediate or future, of sale or building development, and all division of land involving
the dedication of new streets or a change in existing streets provided, however, that the following shall not be
included within this definition.
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 standards as contained herein.
b) The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is
involved.
c) The public acquisition by purchase of strips of land for the widening or opening of streets.
d) The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more
than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to
or exceed the standards as prescribed herein.
TELECOMMUNICATION TOWER: A structure on which there are electronic facilities for receiving or
transmitting communication signals. Those less than 15 feet above the roof line, when secured to a building,
are exempt. Telephone poles, power poles carrying telephone, and cable television lines are also exempt from
this definition.
TOURIST HOME, Any building occupied by owner or operator in which rooms are rented for lodging of
transients and travelers for compensation.
TRAVEL TRAILER/RECREATIONAL VEHICLE. Any structure which:
(1) consists of a single unit completely assembled at the factory; and
(2) is designed so that the total structure can be transported on its own chassis; and
(3) is not over thirty-two (32) feet in length and eight (8) feet in width.
Such structures shall be considered travel trailers regardless of other titles that may also be applicable such as
camper, mini mobile home, etc.
USE, The purpose for which land or structures thereon are designed, arranged, or intended to be occupied or
used; or for which it is occupied, maintained, rented , or leased.
USE, CONDITIONAL, A use permitted in a zone only after specific findings by the Board of Adjustment.
USE BY RIGHT, A use which is listed as an unconditionally permitted activity in this chapter.
VARIANCE, A modification or alteration of any of the requirements of this chapter.
WAREHOUSE, A building or compartment in a building used an appropriated by the occupant for the deposit
and safekeeping or selling of his own goods at wholesale, and/or for the purpose of storing the goods of others
placed there in the regular course of commercial dealing and trade to be again removed or reshipped.
WHOLESALE, Sale of a commodity for resale to the public for direct consumption.
YARD, Means a required open space, unoccupied and unobstructed by any structure, or portion of any
structure, from 30 inches above the ground level of the graded lot upward; provided, however, that fences,
walls, poles, posts and other customary yard accessories, ornaments, furniture and HVAC units may be
permitted in any yard. Provided further, that roof overhangs, eves and other projections of 18 inches or less
from the face of the structure shall be allowed to project into any yard. In those cases where a street right-of-
way extends within a property line, the required yard adjacent to such street right-of-way shall be measured at
right angles from such right-of-way line and not from the property line.
YARD, FRONT, A yard across the full width of the lot, extending from the front line of the building to the front lot
line.
YARD, REAR, A yard located behind the rear line of the main building, if extended, to the perimeter of the lot.
YARD SALES / GARAGE SALES. The display and sale by an individual from a residence or residential
property of personal property which has been owned or previously used. The term “yard sale” or “garage
sale” does not include the mere residential sale of one or two items of personal property when such sale is not
part of a general sale of a number of items of personal property. A permit is required.
YARD, SIDE, A yard between the building and side lot line, extending from the front building line to the rear
building line.
ZONING PERMIT, A permit issued by the Zoning Administrator or his authorized agents, that permits the
applicant to use or occupy a tract of land or a building; or to erect, install, or alter a structure, building, or sign
situation in the jurisdiction of the Town that fully meet the requirements of this chapter.
ZONING VESTED RIGHT, A right pursuant to G.S. 160A-385.1 to undertake and complete the development and
use of property under the terms and conditions of an approved site specific development plan.
(Ord. passed 6-1-92 Or. Amd. Passed. 4-15-96, Or. Amd. Passed 5-10-2002, Or. Amd Passed 7-2-07, Amd.
Ord. Passed 1-7-08, Amd. Ord. Passed 2-4-08, Amd. Ord. Passed 3-3-08)
155.006 INTREPRETATION OF CERTAIN TERMS
1. Words used in the present tense include the future tense
2. Words used in the singular number include the plural and words used in the plural
number include the singular.
3. The word PERSON includes a firm, joint venture, association, organization,
Partnership, corporation, trust, and company, as well as an individual.
4. The word LOT includes the words “plot” or ”parcel”.
5. The word BUILDING includes the word “structure”.
6. The words SHALL is always mandatory and not merely directory.
7. The words USED or OCCUPIED as applied to any land or building shall be construed to include the words
“intended, arranged, or designed to be used or occupied”.
8. The words ZONING MAP or OFFICIAL MOUNT OLIVE ZONING MAP shall mean the Map of Mount Olive,
North Carolina.
(Ord. passed 6-1-92)
ZONING MAP; DISTRICT BOUNDARIES
155.020 ZONING MAP.
The locations and boundaries of each of the zoning districts shall be shown on the map accompanying this
chapter and made part hereof, entitled “Official Zoning Map, Mount Olive, North Carolina”, and adopted by the
Board of Commissioners on June 1, 1992. The Zoning Map and all the notations, references, and amendments
thereto, and other information shown are hereby made a part of this chapter. The Zoning Map shall be kept on
file on the Office of the Building Inspector and shall be available for inspection by the public.
(A) The map shall be identified by the signature of the Mayor, attested by the Town Clerk, and bearing the
Official Seal of the Town of Mount Olive under the following words: “This is to certify that this is the Official
Zoning map of the Zoning Ordinance for the Town of Mount Olive, North Carolina”. The date of adopting shall
also be shown.
(B) If, in accordance with the provisions of this chapter, changes are made in the zoning district boundaries
or other matters shown on the map, such changes shall be made together with an entry on the map as follows:
“On (date) by official action of the Board of Commissioners of Commissioners, the following changes were
made in the Official Zoning Map: (brief description of nature of change)”. The entry shall be signed by the
Mayor and attested by the Town Clerk. No amendment to this chapter which involves matter portrayed on the
map shall be come effective until after such change and entry has been made on said map.
(C) In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret, the
Board of Commissioners may by chapter adopt a new Official Zoning Map which shall be the same in every
detail as the map it supersedes. The new map shall bear the signatures of current officials and shall bear the
seal of the Town under the following words: “This is to certify that this Official Zoning Map supersedes and
replaces the Official Zoning Map adopted (date of adoption of map replaced)”. The date of adoption of the new
Official Zoning Map shall be shown also.
155.021 INTREPRETATION OF DISTRICT BOUNDARIES
(A) The boundaries of such districts as are shown upon the map attached to this chapter are hereby
adopted. The provisions of this chapter governing the use of land and buildings, the height of buildings, the
building site areas, the size of the yards around buildings, and other matters as hereinafter set forth, are
hereby established and declared to be in effect upon all land included with the boundaries of each and every
district as shown upon said map.
(B) Where uncertainty exists with respect to the location of certain boundaries of districts as shown on
the Official Zoning Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall
be construed to follow such centerlines.
(2) Boundaries indicated as approximately following platted lot lines shall be construed to follow such
lot lines.
(3) Boundaries indicated as approximately following town limit lines shall be construed to follow such
town limit lines
(4) Boundaries indicated as following the rights-of-way of railroad lines shall be construed to follow
such rights-of-way.
(5) Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or
other bodies of water shall be construed to follow such centerlines shall be construed to follow such centerlines.
(6) Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of
the map.
(7) Where physical and cultural features existing on the ground are at variance with those shown on
the Official Zoning Map, the board of Adjustment may permit the extension of the regulations for either portion
of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.
(Ord. passed 6-1-92)
SUPPLEMENTARY REGULATIONS
155.035 GENERAL REGULATIONS
(A) Except as hereinafter provided, the regulations set by this chapter within each district shall be minimum
regulations and shall apply uniformly to each class of kind of structure or land.
(B) No building, structure, or land shall hereafter be used or occupied, and no building or structure or part
thereof, shall hereafter be erected, constructed, reconstructed moved, or structurally altered except in
conformity with all the regulations specified herein for the district in which it is located
(C) No building or other structure shall hereafter be erected or altered:
(1) to exceed the height;
(2) to accommodate or house a greater number of families;
(3) to have narrower or smaller front yards, side yards rear yards, or other open spaces; or
(4) to occupy a greater percentage of lot area than permitted herein or in any other manner contrary to this
chapter.
(D) No part of a yard or other open space required about or in connection with any building for the purpose
of complying with this chapter shall be included as a part of a yard or other open space similarly required for
any other building or use.
(E) No yard setbacks or lot existing at the time of passage of this chapter shall be reduced in dimension or
area below the minimum requirements set forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by this chapter.
(F) Every business or residential building hereafter erected or moved shall be on a lot adjacent to a street
right-of-way, and all structures shall be so located as to provide safe and convenient access for servicing, fire
protection, and required off-street parking.
(G) In any district, more than one (1) building housing a permitted principal use may be erected on a single
lot, provided that yard and other requirements of this chapter shall be met for each building as though it were
on an individual lot and is located on a street right-of-way.
(H) No lot shall be reduced or changed in size so that the total area, minimum frontage, front, side, or rear
setbacks, lot area per dwelling unit, or other dimensions, areas, or open spaces required by these regulations
are not maintained. No lot shall be reduced in size so as to produce an additional lot which is not in conformity
with these regulations, unless said lot is combined with other land to produce a conforming lot or unless said lot
is needed and accepted or public use.
(I) Accessory buildings and uses may be erected or permitted by this chapter and shall be subject to the
following requirements:
(1) The accessory building or use shall be placed in the rear yard only.
(2) No separate accessory building or use shall be erected within ten (10) feet of any other building(s), or
within five (5) feet from any property line; and
(3) The total square footage of all accessory buildings on each lot shall not exceed fifty (50) percent of the
square footage of the permitted principal use.
(J) Where a minimum frontage is specified in these regulations it shall be measured at the front yard setback
line.
(K) The setback requirements of these regulations shall not prohibit any necessary retaining wall or prohibit
any planted buffer strip, fence, or wall. However, no fence or wall shall exceed a height of six (6) feet in any
front or side yard unless specified elsewhere. Such fences and walls shall be located on the lot with the
principal building.
(Ord. passed 6-1-92) Penalty, see 155.999
155.036 LOTS OF RECORD
Any lot of record existing when adopted, which has an area or a width which is less than required by this
chapter, shall be subject shall be subject to the following exceptions and modifications:
(A) Adjoining Lots – When two (2) or more adjoining lots with continuous frontage are in one (1) ownership
at any time after the adoption of this chapter, and such lots individually are less than the minimum square
footage and/or have less than the minimum width required in the district in which they are located, then such
group of lots shall be considered as a single lot or several lots of minimum permitted width and area for the
district in which located.
(B) Lot Not Meeting Minimum Lot Size Requirements – Except as set forth in A. in the above, in any district
in which single-family dwellings are permitted, any lot of record existing at the time of the adoption of these
regulations which has an area or a width which is less than required by these regulations may be used as a
building site for a single-family dwelling, provided that all setbacks can be met.
(C) Side Yard Requirements – Except as set forth in A. above, where a lot has a width less than the width
required in the district in which it is located, then the Zoning Administrator shall be authorized to reduce the side
yard requirements for such lot, provided however, no side yard shall be less than eight (8) feet wide.
(Ord. passed 6-1-92)
155.037 HEIGHT LIMITATIONS
The district height limitations, stipulated elsewhere in this chapter, may be exceeded when a conditional use is
approved by the Board of Adjustment. Such structures as church spires, belfries, cupolas, and domes not
intended for human occupancy, monuments, water towers, observation towers, transmission towers, chimneys,
smokestacks, conveyors, flagpoles, radio towers, masts, aerials, and similar structures which exceed the height
limitations, may be permitted when an application for a conditional use is approved by the Board of Adjustment.
(Ord. passed 6-1-92)
155.038 MOBILE/MANUFACTURED HOMES.
All mobile/manufactured homes shall meet the following requirements:
(A) Manufactured homes shall be no older than ten (10) years from the current date of permit application
verified through title or manufactured home dealer certification.
(B) Interior and exterior finishes, foundation and roofing shall be in good condition. Any deficiencies in the
structural or physical condition of the manufactured home shall be noted by the Building Inspection Official and
repaired by the party responsible before a Certificate of Occupancy is issued.
(C) Manufactured homes located in an existing Manufactured Home Park shall have a continuous masonry
brick or vinyl perimeter foundation curtain wall.
(D) Stairs, porches or entrance platforms, ramps or other means of entrance and exit to the manufactured
home shall be installed and constructed in accordance with North Carolina’s Building Code. They shall be
attached firmly to the primary structure or anchored securely to the ground. Steps shall be constructed of pre-
cast concrete, poured concrete, or constructed from pressure-treated wood. All steps shall be at least as wide
as the door it serves. All steps leading into and out of the manufactured home shall have handrails located on
both sides of the door.
(E) All of these standards shall be met prior to connection of electrical, water, and sewer services.
(Ord. passed 6-1-92; Am. Ord . passed 5-10-02) Penalty, see 155.999
155.039 ESTABLISHED CONDITIONS OF SPECIAL USES.
After the effective date of this chapter, those uses which existed prior to that effective date and would only
thenceforth be permitted as conditional or special uses in the district in which they are located, shall be
considered to be legally established conditional or special uses. Any expansion, addition, or other change for
which a zoning permit is required shall be heard, considered, and approved or disapproved by the Board of
Adjustment or Board of Commissioners in the same manner as original applications for conditional or special
use approval.
155.040 ESTABLISHMENT OF A ZONING VESTED RIGHT
(A) A zoning vested right shall be deemed established upon the valid approval, or conditional approval, of a
site specific development plan, following notice and public hearing.
(B) The approving authority may approve a site specific development plan upon such terms and conditions
as may reasonable be necessary to protect the public health, safety, and welfare.
(C) Notwithstanding subsections (A) and (B), approval of a site specific development plan with the condition
that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is
obtained.
(D) A site specific development plan shall be deemed approved upon the effective date of the approval
authority’s action or chapter relating thereto.
(E) The establishment of a zoning vested right shall not preclude the application of overlay zoning that
imposes additional requirements but does not affect the allowable type or intensity of use, or chapters or
regulations that are general in nature and are applicable to all property subject to land use regulation by the
Town, including, but not limit to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable
new or amended regulations shall become effective with respect to property that is subject to a site specific
development plan upon the expiration or termination of the vested right in accordance with this chapter.
(F) A zoning vested right is not a personal right, but shall attach to and run with the applicable property.
After approval of a site specific development plan, all successors to the original landowner shall be entitled to
exercise such right while applicable.
(G) Approval Procedures and Approval Authority
(1) Except as otherwise provided in this section, an application for site specific development plan approval
shall be processed in accordance with the procedures established in this chapter for a Conditional Use Permit,
Special Use Permit, or Zoning Permit as applicable. The Mount Olive Board of Commissioners or Board of
Adjustment, as applicable, shall be the final approval authority.
(2) If the use for which a vested right is sought would not normally be a Conditional or Special Use under
the code, in order to obtain zoning vested right, the applicant must request in writing at the time of application
that the application be considered and acted on by the Mount Olive Board of Commissioners as a Special Use
and follow all procedures in the code for obtaining a Special Use Permit.
(3) In order for a zoning vested right to be established upon approval of a site specific development plan,
the applicant must indicate at the time of application, on a form to be provided by the Town, that a zoning
vested right is being sought.
(4) Each map, plat, site plan, or other document evidencing a site specific development plan shall contain
following notation: “Approval of this plan establishes a zoning vested right under G.S. 160A-385.1. Unless
terminated at an earlier date, the zoning vested right shall be valid until___________________.”
(5) Following approval of conditional approval of a site specific development plan, nothing in this chapter
shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and
conditions of the original approval, provided that such reviews and approvals are not inconsistent with the
original approval.
(6) Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure
to comply with applicable terms and conditions of the approval or the zoning chapter.
(H) Duration
(1) A zoning right that has been vested as provided in this section shall remain vested for a period of two
years unless specifically and unambiguously provided otherwise pursuant to division (H)(2) below. This vesting
shall to 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.
(2) Notwithstanding the provisions of division (H)(1) above, the approval authority may provide that rights
shall be vested for a period exceeding two (2) years but not exceeding five (5) years where warranted in light of
all relevant circumstances, including, but not limited to, the size of the development, the level of investment, the
need for or desirability of the development, economic cycles, and market conditions. These determinations
shall be in the sound discretion of the approval authority at the time the site specific development plan is
approved.
(3) Upon issuance of a building permit, the expiration provisions of G.S. 160A-418 and the revocation
provisions of G.S. 160A-422 shall apply, except that a building permit shall not expire or be revoked because of
the running of the time while a zoning vested right under this section is outstanding.
(I) Termination. A zoning right that has been vested as provided in this chapter
shall terminate:
(1) at the end of the applicable vesting period with respect to building and uses for which no valid building
permit applications have been filed.
(2) with the written consent of the affected landowner;
(3) upon findings by the Mount Olive Board of Commissioners, by ordinance after notice and a public
hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would
pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in
the site specific development plan.
(4) upon payment to the affected landowner of compensation for all costs, expenses, and other losses
incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all
architectural, planning, marketing ,legal, and other consultant’s fees incurred after approval by the Town,
together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the
value of the property which is caused by such action;
(5) upon findings by the Mount Olive Board of Commissioners, by chapter after notice and hearing, that the
landowner or his representative intentionally supplied inaccurate information or made material
misrepresentations which made a difference in the approval by the approval authority of the site specific
development plan; or
(6) 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 a finding that the change in State or Federal law has a fundamental effect on the
plan, by ordinance after notice and a hearing.
(J) Voluntary Annexation. A petition for annexation filed with the Town under G.S. 160A-31 or G.S.160A-
58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the
properties subject to the petition has been established under G.S. 160A-385.1. A statement that declares that
no zoning vested right has been established under G.S. 160A-385.1, or the failure to sign a statement
declaring whether or not a zoning vested right has been established, shall be binding on the landowner and
any such zoning vested right shall be terminated.
(K) Limitations. Nothing in this chapter is intended or shall be deemed to create any vested right other
than those established pursuant to G.S. 160A-385.1.
(L) Repealer. In the event that G.S. 160A-385. 1 is repealed, this section shall
be deemed repealed and the provisions hereof no longer effective.
(Ord. passed 6-1-92)
155.041 CONDITIONAL AND SPECIAL USES: OBJECTIVES AND PURPOSE
(A) Permitted conditional or special uses add flexibility to the zoning chapter. Subject to good planning and
design standards, certain uses of property are allowed in specified districts where those uses would not
otherwise be acceptable. By means of controls exercised through the Conditional or Special Use Permit
procedures, uses of property which would otherwise be undesirable in certain districts can be developed to
minimize any bad effects they might have on surrounding properties.
(B) The provisions of this chapter permit some uses to be established by right in the appropriate district
while other uses are listed which require a permit from the Board of Adjustment or Board of Commissioners.
Those which require a permit from the Board of Adjustment are termed conditional uses by this chapter, while
those which involve broader policy considerations and therefore require a permit from the Board of
Commissioners are termed special uses. Both types of uses, in some circumstances, may be compatible with
and desirable in the districts in which they are designated as special or conditional uses, but they may also
have characteristics which could have detrimental effects on adjacent properties, or even the entire Mount
Olive area, if not properly designed and controlled. Procedures for Conditional use Permits are found in sub-
sections 155.152 and 155.153.
(C) Procedure for special use Permits Approved by the Board of Commissioners.
(D) Special Uses are likely to involve broad policy issues and be larger in scale. Therefore, the Mount Olive
Board of Commissioners, rather than the Board of Adjustment, will be responsible for their approval, after
following the procedures listed below.
(E) Special Use Permits shall only be granted after the Mount Olive Board of Commissioners has held a
public hearing using the procedure set forth below.
(1) Applications for Special Use Permits and a fee in accordance with the fee schedule adopted by the
Board of Commissioners shall be received by the Zoning Administrator.
(2). The Zoning Administrator shall transmit the application to the Mount Olive Planning Board, who shall
review the application and make a recommendation to the Board of Commissioners within thirty-five (35) days
of the Planning Board’s first consideration.
(3) After receiving the Planning Board’s recommendation, the Board of Commissioners shall call for a
public hearing. Public notice of the hearing shall be published in newspapers generally circulated in Mount
Olive, at least five (5) days before the date of the hearing. The Board of Commissioners shall cause notices to
be mailed to all property owners which abut the parcel(s) or land involved in the Special Use Permit application
as indicated by the records in the County Tax Office.
(4) Public hearings by the Mount Olive Board of Commissioners for Special use Permits shall be conducted
in the following manner:
(a) Any party may appear in person or by agent at the hearing.
(b) The order of business for each hearing shall be as follows:
1. The Mayor or such person he shall direct shall give a preliminary statement of the case;
2. The Mayor may limit the time allowed for presenting evidence or statement for or against the application;
3. The applicant shall present the evidence and arguments in support of his application;
4. Persons opposed to granting the application shall present the evidence and arguments against the
application;
5. Both sides may be permitted to present rebuttals to opposing evidence and arguments;
6. The Mayor, or such person as he shall direct, shall summarize the evidence that has been presented,
giving the parties opportunity to make objections or corrections. The board may call any witness or request
information it deems advisable in order to reach a decision on the application. The Board members or its
employees shall be the only persons allowed to ask questions of a witness. The Board may view the premises,
but the facts indicated by such inspection shall be disclosed at the public hearing and made a part of the
record. All witnesses before the Board shall be placed under oath. In order to issue a Special Use Permit, the
Board shall consider each of the following conditions, and based on the evidence presented at the hearing(s),
make findings in regards to each and must find that the issuance of the Special Use Permit is in the best
interest of the Town.
a. All applicable specific conditions pertaining to the proposed use have been or will be satisfied.
b. Access roads or entrance and exit drives are or will be sufficient in size and properly located to ensure
automotive and pedestrian safety and convenience, traffic flow, and control and access in case of fire or other
emergency.
c. Off-street parking, loading, refuse, and other service areas are located so as to be safe convenient,
allow for access in case of emergency, and to minimize economic, glare, odor, and other impacts on adjoining
properties in the general neighborhood.
d. Utilities, schools, fire, police, and other necessary public and private facilities and services will be
adequate to handle the proposed use.
e. The location and arrangement of the use on the site, screening, buffering, landscaping, and pedestrian
ways harmonize with adjoining properties and the general area and minimize adverse impact.
f. The type, size, and intensity, of the proposed
use, including such considerations as the hours of
operations and number of people who are likely to
utilize or be attracted to the use, will not have
significant adverse impacts on adjoining properties
or the neighborhood.
g. The Board may continue the hearing until a certain date and time.
(F) If the Board of Commissioners approves a Special Use Permit, it may, as part of the terms of such
approval, impose any additional reasonable conditions and safeguards as may be necessary to ensure that the
criteria for the granting of such a permit will be complied with and to reduce or minimize any potentially injurious
effect of the use on adjoining properties, the character of the neighborhood, or the health, safety, morals, or
general welfare of the community. Where appropriate, such conditions may include requirements that street
and utility rights-of-way be dedicated to the public and that provision be made of recreational space and
facilities.
(1) An application of a rehearing may be made in the same manner as an application for an original
hearing.
(2) Decisions by the Board of Commissioners shall be made not later than thirty-five (35) days from the
time of the formal hearing. Only a simple majority vote is required for the Board of Commissioners to decide
the application. Vacant seats and disqualified members are not counted in the total required for approval.
(3) The Board’s final decisions shall be shown in the record of the case as entered in the Board’s minutes
and signed by the Clerk and the Mayor on approval of the minutes by the Board. Such record shall show the
reasons for the determinations, with a summary of the evidence introduced and the findings of fact made by the
Board. When a Special Use Permit is granted, the record shall state the facts that support findings required to
be made before such permit is issued. The record shall state in detail, what, if any, conditions and safeguards
the Board imposes in connection with granting of a Special Use Permit. A separate record of the decision in
each case shall be prepared, filed in the Clerk’s office, and furnished to he parties seeking the permit.
(4) The Clerk shall give written notice of the decision in the case to the applicant. Such notice may be
delivered either by personal service or by registered mail or certified mail, return receipt requested. A copy of
the decision shall also be filed in the Clerk’s office. The decision shall be a public record, available for
inspection at all reasonable times.
(Ord. passed 6-1-92; Am. Ord. passed 3-5-07)
155.042 DESIGNATION OF STREET ADDRESS.
In any district, every principal building or structure located within the corporate limits and extraterritorial
jurisdiction of the Town of Mount Olive shall have a street address designated by street name and number
assigned to said buildings or structure. All such principal buildings or structures shall have the street number
posted in a visible location at the primary entrance on the side of the building or structure facing the street. If
the building or structure has entrances on more than one (1) street, the street number shall be posted on the
street toward which the primary entrance to the building or structure faces. Street numbers shall be utilized
which are at least four (4) inches high and of sufficient width to be discernible from the street.
(Ord. passed 6-1-92)
155.043 LANDSCAPE REQUIREMENTS
(A) INTENT
The purpose of this section is to enhance the Town’s visual and environmental character by:
(1) Encouraging the preservation of existing trees and vegetation;
(2) To separate adjacent land uses in order to minimize potential nuisances such as the transmission of
noise, dust, odor, litter, and glare of lights;
(3) To conserve energy and aid storm water runoff; and
(4) To enhance property values and to establish a sense of privacy.
(B) DEFINITION
(1) Caliper Inches: Quantity in inches of the diameter of trees measured at six (6) inches above the
ground for trees four (4) inches or less in trunk diameter and twelve (12) inches above the ground for trees
over four (4) inches in trunk diameter.
(2) Canopy Tree: A species of tree which normally grows to a mature height of forty (40) feet or more with
a minimum mature crown width of thirty (30) feet.
(3) Dripline: A vertical line extending from the outermost portion of a tree’s canopy to the ground.
(4) Understory Tree: A species of tree which normally grows to a mature
height of fifteen (15) to thirty-five (35) feet.
(C) PROCEDURES AND APPLICABILITY
(1) After the adoption date of this ordinance, these requirements shall apply to:
(a) New principal no-residential buildings, or expansions and
reconstructions which will result in a parking or building increase more than two thousand (2,000) square feet;
and
(b) New Single and Multi-family residential development.
(2) Landscaping Plan Required: A landscaping plan shall be submitted showing:
(a) Location, dimension and square footage of required buffer strips, street yards and parking lot
landscaping areas. Individual species and number of trees and shrubs required and number provided.
(b) Details of required landscaping and landscape elements showing species, fencing materials,
dimensions and spacing of constructed and planted materials. The plan shall also show any existing vegetation
to remain undisturbed.
(c) Timeline for installation of required landscaping.
(3) Installation of Required Plant Materials:
(a) A final Certificate of Occupancy for Commercial, Industrial and Multi-Family uses shall not be issued
until all required landscaping is in place.
(b) Single Family Subdivisions greater than five lots shall not receive final plat approval until Street Planting
Yards are installed.
(c) Where weather conditions or construction activity would
endanger the health and survivability of required plantings the
installation may be delayed by the Zoning Administrator. The developer shall submit a copy of a signed contract
for installation of the required planting areas and may be required to post a surety equal to the amount of the
contract. The surety shall not be issued for more than one-hundred and eight (180) days. For commercial and
multi-family projects, a temporary Certificate of Occupancy may be issued. For major single-family detached
subdivisions, the final plat may be recorded
(4) Alternate Methods of Compliance:
(a) Alternate landscape plans, plant materials or methods may be used in situations where strict adherence
to the provisions of this ordinance would result in impractical or unreasonable situations. Such situations may
result from severe topography, natural rock formations, utility easements, lot configurations or other physical
conditions. Alternate compliance shall be acceptable in the C-1 District, where small lots and zero lot lines
make compliance with buffer and street scape requirements impossible.
(b) Alternate landscape plans shall be reviewed based on their effectiveness and performance in meeting
the spirit and intent of this ordinance.
(c) The Zoning Administrator shall review the alternate plan taking into account adjacent land uses, amount
of plantings, species arrangement and coverage.
(d) Decisions of the Zoning Administrator may be appealed to the Planning Board.
(D) LANDSCAPING REQUIRED
The following areas are required to be landscaped:
(1) Street Planting Yards: A planting area parallel to the street designed to provide continuity of vegetation
along the right-of-way and a pleasing view from the street.
(2) Parking Lot Plantings: Planting areas within and adjacent to parking areas designed to provide shade
and improve the attractiveness of a large area of pavement.
(3) Buffer Yards: Planting areas located parallel to the side, and rear lot
lines designed to separate adjacent uses and provide privacy and
protection against potential adverse impacts of an adjoining use. The
size of a buffer shall be determined both by the proposed use and by
the type of adjacent use,
Buffers shall not be located on any portion of an existing or proposed street right-of-way. Buffers shall be
permitted to intersect utility easements or run parallel with them; however they shall not be permitted to run
linear with and superimposed on them.
(E) PLANTING AREA REQUIREMENTS
(1). Street Yard
(a) A street Planting Yard, a minimum ten (10) feet in width shall be provided parallel to all public rights-of-
way.
(b) Street Planting Yards shall be planted at the rates of:
Commercial & Industrial Uses: One (1) Canopy tree per fifty (50) linear feet of frontage; eight (8) shrubs per
fifty (50) linear feet of frontage.
Residential Uses: One Canopy tree per fifty (50) linear feet of frontage.
(2) Buffers
(a) Buffer Descriptions:
Type “A”: A Type a buffer is intended to provide a very dense sight barrier to significantly separate uses and
land use districts. It is intended to reduce intrusive lighting and noise from adjacent properties.
Type “B”: The Type B buffer is a medium density screen which is intended to create a visual separation
between uses and land use districts.
Type “C”: A planting strip intended to separate uses, provide vegetation in densely developed areas and
enhance the appearance of individual properties.
(b) Buffer Yard Determination:
To determine the required landscape buffer first use Table 1. Find
proposed use in the Proposed Use Colum. Size of each required
buffer is determined by the Buffer Types along the Adjoining Use
Columns. Where a proposed use abuts multiple use types along the
same side or rear yard, the largest buffer will apply. Next, determine
the planting rate by using Table.
(Tables on next page)
TABLE 1 - BUFFER TYPE CHART
PROPOSED USE
ADJOINING USE
SINGLE FAMILY RESIDENTIAL
MULTI-FAMILY RESIDENTIAL
COMMERCIAL
INDUSTRIAL
Single Family Residential
None
None
None
None
Multi-Family Residential
A
C
B
A
Commercial
A
A
C
B
Industrial
A
A
B
C
TABLE 2 - BUFFER PLANTING RATE CHART
PLANTING YARD RATES
Yard Type
Minimum Width
Minimum Average Width
Maximum Width
Canopy Tree Rate
Understory Tree Rate
Shrub Rate
A
20
30
60
4/100 lf
10/100 lf
33/100 lf
B
15
20
40
2/100 lf
3/100 lf
17/100 lf
C
10
10
20
2/100 lf
18/100 lf
lf = linear feet
Additional Buffer Requirements:
(a) Type A shall be composed of at least one row of evergreen shrubs or understory trees.
(b) Walls at least six (6) feet in height, constructed of masonry, stone or pressure treated lumber, or an
opaque fence, a minimum of six (6) feet in height may be used to reduce the widths of Type A and Type B
buffers by 10 feet.
(3) Parking Lot Planting Rate: Parking lots shall be landscape at the rate of one
(1) canopy tree per twelve (12) parking spaces. Understory trees may be
substituted for canopy trees at the rate of two (2) understory trees per each
required canopy tree.
Required canopy trees shall be distributed through out parking lots and shall be located within or adjacent to
the lot as tree islands, at the end of parking bays, or between rows of parking spaces.
(F) DESIGN AND MAINTENANCE STANDARDS
(1) Retention of Existing Vegetation: Existing vegetation shall be retained and
maintained whenever possible so as to permit such vegetation to contribute
to
buffer and screening requirements. Such retained vegetation which meets or
exceeds the standards of this ordinance may receive partial or total credit
towards planting requirements within the buffer.
(2) Maintenance: All vegetative and other screening devices shall be maintained
so as to continue their effectiveness. Any required plantings which die or
otherwise fail to satisfy the requirements of this chapter shall be replaced
within one hundred and eighty (180) days with an equal or similar species and
size by the owner. When plant material is severely damaged due to unusual
weather conditions or other act of God, the owner shall have up to two (2)
years to replant.
(3) Canopy Tree Size: Canopy trees must be a minimum of eight (8) feet high
and two (2) inches, in caliper, measured six (6) inches above grade, when
planted. When mature, a canopy tree shall be at least forty (40) feet high and
have a crown of thirty (30) feet or greater.
(4) Understory Tree Size: Understory trees must be a minimum of four (4) feet
high and one (1) inch in caliper, measured six (6) inches above grade, when
planted.
(5) Shrub Size: All shrubs shall be expected to reach a maximum height of
thirty-six (36) inches, and a minim um spread of thirty (30) inches within
three (3) years of planting.
(6) Planting Protection: Whenever planting areas are adjacent to parking lots or
drives, the planting areas shall be protected from damage by vehicles,
lubricants, or fuels.
(7) Planting Standards: All plant materials shall be installed in accordance with
the standards found in the latest edition of American Standards for Nursery
Stock, published by the American Association of Nurserymen. After
installation plat materials shall be mulched with a two-to-three-inch layer of
appropriate material.
(G) MATERIALS PERMITTED
The Zoning Administrator shall maintain a list of acceptable plant materials which may be used to satisfy the
requirements of this ordinance. If the applicant proposes a species which is not on the approved list, the
Zoning Administrator may approve the plant material so long as it is appropriate for the local climate and meets
the definition for the use for which it is intended
155.044 FENCES AND WALLS
In all zoning districts, excluding the UC – University – College District, fences and walls not over
four feet high may project in or may enclose any front yard; however, no fence may be constructed on or in a
public street right-of-way or within a sight triangle. Fences or walls up to six feet high may enclose side yards
and fences or walls up to eight feet high may enclose rear yards. Side yard enclosure may extend from the rear
corner of a principle structure to the front corner of the principle structure. Rear yard enclosure may extend
from the rear corner of a principle structure to the rear property line. The finished side of all fences and walls
shall face the common property line boundary.
In all residential zoning districts and in the C-1 Downtown – Commercial District, no person shall erect, maintain
or allow on any lot of the town any fence or wall carrying electrical current except that which encloses livestock
with 110-20-Volt A.C. low impedance fencer. Fences or walls shall not be constructed in whole or in part of
concertina wire, barbed wire, metal spikes, broken glass or any other material intended to inflict bodily injury. In
addition, in the C-1 Downtown-Commercial District chain link fencing is allowed as a special use with an
approved special use permit.
In all Industrial Zoning Districts, C-2, C-3, C-4 Commercial Districts, and the O&I Office and Industrial Zoning
District, no person shall, maintain or allow on any lot of the town any fence or wall carrying electrical current
except that which encloses livestock with 110-20-Volt A.C. low impedance fencer. Excluding telecommunication
tower regulations, fences or walls facing a public street shall not be constructed in whole or in part of concertina
wire, barbed wire, metal spikes, broken glass or any other material intended to inflict bodily injury. Fences and
walls not over four feet height may project in or may enclose any front yard; however, no fence may be
constructed on or in a public street right-of-way or within a sight triangle. Fences or walls up to eight feet high
may enclose side yards and fences or walls up to eight feet high may enclose rear yards. The finished side of
all fences and walls shall face the common property line boundary.
(Am.Ord.Passed 5-5-08)
DISTRICT REGULATIONS
155.055 ESTABLISHMENT OF DISTRICTS
For purpose of this chapter, the incorporated areas of Mount Olive, North Carolina and its extraterritorial
jurisdiction are hereby divided into the following districts and shown on the Official Zoning Map:
(Ord. passed 6-1-92)
155.056 AR – AGRICULTURAL – RESIDENTIAL DISTRICT.
The purpose of this district shall be to create an area in which agriculture and residential uses can be
compatibly mixed, to preserve and promote the rural character of the land, and to provide open space.
(A) Permitted Uses. Permitted uses are listed below:
(1) Accessory buildings and uses that are customary and incidental to the uses permitted in the district.
(2) Agriculture, including the sale and processing of products grown on the premises, but excluding
commercial animal confinement facilities.
(3) Cemeteries, church and family
(4) Churches, synagogues, and religious education buildings
(5) Dwelling, single-family
(6) Dwellings, two family
(7) Family care home, shall have a one-half (1/2) mile separation between family care homes
(8) Home occupations, in compliance with 155.080 and 155.081
(9) Parking required in conjunction with any permitted use
(10) Parks and recreation facilities, public
(11) Schools, public and private
(12) Signs, in compliance with 155.135 through 155.137
(13) Day care home, small, A small day care home is intended for the care of up to five children at any one
time, where no more than five of the children shall be pre-school age, and no more than three children shall be
of school age or older. Adult care is limited to 3 adults eighteen years old or older. Small day care home uses
shall be permitted as of right in any residential dwelling unit as a home occupation provided that:
(a) If an outdoor play area is provided, it shall be fenced with a solid (opaque) fence at least four feet high.
This requirement is not applicable for adult day care facilities and;
(b) If less than two off-street parking spaces are provided for the home, additional parking spaces shall be
provided to accommodate an assistant for the home, if any, as well as guests and residents.
(14) Child care center
(15) Farmers Market – fresh fruit, vegetables and perishable goods (A Zoning Permit is required)
(16) Road Side Stand – temporary selling fresh fruits, vegetables, other perishables (A Zoning Permit
is required)
(17) Yard Sales/Garage Sales: Three consecutive day maximum limit – display and sale by the owner
of the residence on the property and within a 30 day period only two yard sales are allowed and items for sale
shall not be displayed when the yard sale is not legally permitted. (A Zoning Permit is required)
(Am. Ord. passed 6-3-02, Am. Ord. passed 7-2-07, Am. Ord. passed 1-7-08)
(B) Dimensional Requirements
(1) Minimum Lot Area
(a) Single-family dwellings 20,000 square feet
(b) Two-family dwellings 30,000 square feet
(c) Mobile/manufactured home 20,000 square feet
(d) Non-residential use 40,000 square feet
(e) When septic tanks are used, the county health department may required larger lots, depending on
soil types and other lot characteristics.
(2) Minimum Lot Size
(a) Single-family dwellings (width) 100 feet
(b) Two-family dwellings (width) 125 feet
(c) Mobile/manufactured home (width) 100 feet
(d) Non-residential use (width) 125 feet
(3) Minimum Yards
(a) Residential
1. Front 30 feet
2. Rear 25 feet
3. Side 20 feet
(b) Non-residential
&
Section
GENERAL PROVISIONS. 4
155.001 AUTHORITY.. 4
155.003 PURPOSE.. 4
155.004 JURISDICTION.. 4
155.005 DEFINITIONS. 5
155.006 INTREPRETATION OF CERTAIN TERMS. 18
ZONING MAP; DISTRICT BOUNDARIES. 18
155.020 ZONING MAP. 18
155.021 INTREPRETATION OF DISTRICT BOUNDARIES. 19
SUPPLEMENTARY REGULATIONS. 20
155.035 GENERAL REGULATIONS. 20
155.036 LOTS OF RECORD.. 22
155.037 HEIGHT LIMITATIONS. 22
155.038 MOBILE/MANUFACTURED HOMES. 23
155.039 ESTABLISHED CONDITIONS OF SPECIAL USES. 23
155.040 ESTABLISHMENT OF A ZONING VESTED RIGHT. 24
155.041 CONDITIONAL AND SPECIAL USES: OBJECTIVES AND PURPOSE 27
155.042 DESIGNATION OF STREET ADDRESS. 31
155.043 LANDSCAPE REQUIREMENTS. 31
155.044 FENCES AND WALLS. 38
DISTRICT REGULATIONS. 40
155.055 ESTABLISHMENT OF DISTRICTS. 40
155.056 AR – AGRICULTURAL – RESIDENTIAL DISTRICT. 40
155.057 R-20 SINGLE-FAMILY RESIDENTIAL DISTRICT. 50
155.058 R-15 MEDIUM TO LOW-DENSITY RESIDENTIAL DISTRICT. 53
155.059 R-10 MEDIUM-DENSITY RESIDENTIAL DISTRICT. 56
155.060 R-8 HIGH-DENSITY RESIDENTIAL DISTRICT. 63
155.061 R-6 HIGH-DENSITY RESIDENTIAL DISTRICT. 66
155.062 O & I OFFICE AND INSTITUTIONAL. 69
155.063 C-1 DOWNTOWN – COMMERCIAL DISTRICT. 71
155.064 C-2 HEAVY COMMERCIAL DISTRICT. 74
155.065 C-3 NEIGHBORHOOD COMMERCIAL DISTRICT. 80
155.066 C-4 MAJOR HIGHWAY CORRIDOR. 82
155.067 I-1 HEAVY INDUSTRIAL. 84
155.068 I-2 LIGHT INDUSTRIAL DISTRICT. 93
155.069 A – AIRPORT DISTRICT. 100
155.070 UC – UNIVERSITY – COLLEGE DISTRICT. 103
HOME OCCUPATIONS. 107
155.080 GENERAL REQUIREMENTS. 107
155.081 DIVISION OF CLASSES OF HOME OCCUPATIONS; REGULATIONS. 108
MOBILE HOME PARK REGULATIONS AND APPLICATION PROCEURES. 109
155.086 INTENT. 109
155.088 GENERALLY.. 109
155.090 STANDARDS AND REQUIREMENTS FOR MOBILE HOME PARKS. 110
155.090.1 SUPPLEMENTARY REGULATIONS FOR MANUFACTURED..
HOMES IN EXISTING MANUFACTURED HOME PARKS. 115
155.091 APPLICATION PROCEDURE FOR SPECIAL USE. 116
155.092 CERTIFICATE OF OCCUPANCY. 117
MODULAR AND MOBILE FACILITIES ORDINANCE.. 118
155.094 INTENT. 118
155.096 GENERALLY.. 118
155.098 PLACEMENT OF MODULAR OFFICE FACILITIES. 118
155.100 EXISTING MODULAR FACILITIES. 121
NONCONFORMING USES. 121
155.105 INTENT. 121
155.106 VACANT LOTS. 121
155.107 STRUCTURES. 121
105.108 USES OF LAND.. 122
105.109 USES OF BUILDINGS OR STRUCTURES. 122
155.110 EXISTING MANUFACTURED HOMES ON NON-CONFORMING INDIVIDUAL LOTS: 123
155.111 MOBILE HOME PARKS. 125
155.112 NONCONFORMING STRUCTURE OR TREE IN THE “A” AIRPORT DISTRICT 125
155.113 AVOIDANCE OF UNDUE HARDSHIP. 125
OFF-STREET PARKING AND LOADING.. 126
155.125 OFF-STREET PARKING. 126
155.125.01 SUPPLMENTARY REGULATIONS FOR STORAGE OF CERTAIN VEHICLES, OFF-STREET
PARKING AND LOADING.. 128
155.126 OFF-STREET LOADING. 130
SIGNS. 131
155.135 COMPLIANCE.. 131
155.136 GENERAL SIGN REGULATIONS. 131
155.137 PERMITTED SIGNS. 132
155.138 OFF-PREMISES SIGNS PROHIBITED. 136
PLANNING BOARD.. 137
155.140 CREATION.. 137
155.141 MEMBERS; APPOINTMENT, ETC. 137
155.142 ORGANIZATION AND RULES. 138
155.143 STAFF AND FINANCES. 138
155.144 GENERAL POWERS AND DUTIES. 139
155.145 PURPOSES IN VIEW... 139
155.146 MISCELLANEOUS POWER AND DUTIES OF PLANNING BOARD.. 139
155.147 GENERAL MAKE-UP OF THE BOARD AND EXPECTED..
QUALIFICATIONS OF CANDIDATES. 140
BOARD OF ADJUSTMENT.. 141
155.150 COMPOSITION. 141
155.151 RULES FOR PROCEEDINGS. 141
155.152 POWERS AND DUTIES. 143
155.153 APPEALS. 146
ADMINISTRATION AND ENFORCEMENT.. 147
155.165 ZONING ADMINISTRATOR. 147
155.166 ZONING PERMIT. 147
155.167 CERTIFICATE OF OCCUPANCY AND COMPLIANCE.. 148
155.168 RIGHT OF APPEALS. 148
155.169 AMENDMENTS. 148
155.170 LEGAL STATUS PROVISIONS. 152
155.999 PENALTY.. 152
The information Contained in this Zoning Code is Deemed
to be Accurate and Reliable,
However all Information Is Recommended to be Verified
with the Town Zoning Official
Updating Assistance by:
North Carolina Division of Community Assistance
Central Region
6-1-07
GENERAL PROVISIONS
155.001 AUTHORITY
This chapter establishes comprehensive zoning regulations for the town, a municipal corporation of the state,
and provides for the administration, with the provisions of the G. S. Ch. 160A, Art. 19, and for the repeal of all
chapters in conflict herewith.
(Ord. passed 6-1-92)
155.002 TITLE
This chapter shall be known and may be cited as “The Zoning Chapter of the Town of Mount Olive, North
Carolina.”
(Ord. passed 6-1-92)
155.003 PURPOSE
The purpose of these regulations shall be to accomplish a coordinated, balanced, and harmonious
development of the land within the corporate limits of the Town of Mount Olive and within the extraterritorial
jurisdiction, in a manner which will best promote the health, safety, morals, convenience, order, prosperity, and
general welfare of the people, as well as to provide for efficiency and economy in the process of development;
to make adequate provisions for traffic; to secure safety from fire, panic, and other hazards; to provide for light
and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the
adequate provision of the transportation, water, sewerage, school, parks, and other public requirements; to
promote desirable living conditions and the sustained stability of neighborhoods; and to protect property
against blight and depreciation.
(Ord. passed 6-1-92)
155.004 JURISDICTION
The provisions of this chapter shall apply within the corporate limits of the town and within the
extraterritorial jurisdiction adopted by the town
(Ord. passed 6-1-92)
155.005 DEFINITIONS
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or
requires a different meaning
ACCESSORY. Incidental to another use or structure on the same lot.
ALTERATION. Includes any of the following:
a) Any addition to the height of depth of a building;
b) Any change in the location of any of the exterior walls of a building; and
c) Any increase in the interior accommodation of a building
APARTMENT. A room or unit of one (1) or more rooms, each of which have kitchen facilities, and are
designated or intended to be used, as an independent unit, on a rental basis.
APPROVAL AUTHORITY. The Mount Olive Board of Commissioners or Board of Adjustment.
ASSEMBLY. A joining together of completely finished parts to create a finished product.
AUTOMOBILE WASH or AUTOMATIC CAR WASH. A lot on which motor vehicles are washed or waxed, either by
the patron or by others, by hand or by using machinery specifically designed for the purpose.
BOARD OF ADJUSTMENT. A semi-judicial body compose of representatives from or for the planning
jurisdiction of Mount Olive which are given certain powers under and relative to this chapter.
BOARD OF COMMISSIONERS. The governing body of the Town of Mount Olive.
BOARDING HOUSE. A rooming house or a structure which contains four (4) or more rooms, each of which have
no kitchen facilities, and are designed or intended to be used for residential occupancy on a rental basis. The
owner must reside permanently on the premises.
BUILDING. Any structure, either temporary or permanent, having a roof or other covering, and designed or
used for the shelter or enclosure of any person, animal, or property of any kind, including tents, awnings, or
vehicles situated on private property and used for purpose of building.
BUILDING, COMMERCIAL. Any building used for business purposes.
BUILDING, DETACHED. A building having no party or common wall with another building except an accessory
building.
BUILDING, HEIGHT OF. Means the vertical distance from the average under-walk grade, or finished grade of
the building line, whichever is the highest, to the highest point of the building.
BUILDING INSPECTOR. The official or other designated authority charged with the administration and
enforcement of the North Carolina Building Code
BUILDING LINE. A line located a minimum horizontal distance from the right-of-way line of a street or property
line parallel thereto between which and the street right-of-way line or property line no building or parts of a
building may be erected, altered, or maintained except as otherwise provided herein.
BUILDING, MAIN. A building in which the principal use of the lot on which the building is situated is conducted.
BUILDING, SITE. Any lot or portion thereto, of a parcel of land upon which a building or buildings may be
erected in conformance with the provisions contained herein.
BUSINESS RESIDENCE. A residential unit(s) contained within a principal use, provided that:
(1) The residential unit(s) may be occupied solely by the person engaged in the principal use or a full-time
employee and his family members residing with him;
(2) Residential units may be permitted to be sold as condo units or occupied by persons other than
the person engaged in the principal use or a full-time employee and his family members residing with him;
(3) Commercial buildings in the C-1 Downtown – Commercial District may be converted to residential
use on the ground floor and upper levels provided no more than fifty (50) percent of the ground floor is used
for residential use and the remaining floor space be used as common area or commercial use. The residential
use is to be located to the rear of the storefront and the commercial or common area use to be located at the
front floor area of the storefront so as not to interrupt the commercial frontage.
(4) The business residential unit(s) that are permitted in other districts shall be located on the ground
floor and upper levels provided no more than fifty (50) percent of the ground floor is used for residential use
and the remaining floor space be used as common area or commercial use. The residential use is to be located
to the rear of the storefront and the commercial or common use to be located at the front floor area of the
storefront so as not to interrupt the commercial frontage.
(5) In addition to the required off-street parking for the principal use, two off-street parking spaces shall be
provided for each of the residential unit(s).
CAMPERS, TRAVEL TRAILERS. A recreational vehicle that is intended to be transported over the streets and
highways (either as a motor vehicle or attached to or hauled by a motor vehicle); and that is designed for
temporary use as sleeping quarters, but that does not satisfy one or more of the definitional criteria of a
manufactured home.
CERTIFICATE OF OCCUPANCY. A statement signed by the Zoning Administrator setting forth that the building,
structure, or use complies with the zoning chapter and any applicable construction codes, and that the same
may be used for the purposes stated herein.
CODE ENFORCEMENT OFFICER (synonymous with zoning officer, code enforcement administrator,
enforcement officer, minimum housing code enforcement officer, zoning administrator, etc.) A town-appointed
person to administer and enforce this code, where applicable, and for the review of zoning and building permit
applications to ensure compliance with the provisions of this chapter and any other assigned codes and local,
state and federal laws. Reference to the code enforcement officer may be construed to include building
inspector, plumbing inspector, electrical inspector, and the like, where applicable.
CHILD CARE CENTER. Any establishment that provides regular care, activity, and supervision (with or without
academic instruction) for five or more children under the age of sixteen, and operates more than four hours per
day but not more than eighteen hours per day. A commercial or nonprofit child care center establishment is not
operated as a small or large day care home. Includes infant centers, preschools, and extended day care
facilities. These may be operated in conjunction with a business, school, or religious facility, or as an
independent land use. The child care center must meet applicable requirements of the state building code and
must have a fence of at least four feet in height surrounding any play area provided for the children. The
operation of the center shall comply with all federal, state and local codes.
COMMERCIAL LIVESTOCK PRODUCTION. Means the following:
a) CATTLE FACILITIES. Includes feeder lots, milking barn, animal waste lagoons, and any cattle facility in
which four (4) or more cattle are housed or kept on one (1) acre of land, or less for thirty (30) days or more.
b) POULTRY FACILITIES. Includes poultry houses, animal waste lagoons, and other areas which house or
contain fifty (50) or more animals (chickens, turkeys, game birds, or other types of poultry.)
c) SWINE FACILITIES. Includes farrowing houses, topping floors, animal waste lagoons, and any other
breeder and/or feeder operations which house or contain seven (7) or more swine in total.
d) OTHER CONFINED ANIMAL FACILITIES. Includes facilities for goats, sheep, horses, dogs and other
poultry or livestock which house or contain four (4) or more animals on one (1) acre of land, or less, for thirty
(30) days or more.
CONSTRUCTION, TRADES. One who accomplishes work or provides facilities under contract with another and
specifically engages in a specialized trade such as plumbing, heating, wiring, sheet metal, and roofing work,
etc.
DAY CARE CENTER. A facility inclusive of a kindergarten, for the care and/or education of preschool age
children licensed by the North Carolina Department of Human Resource.
DAY CARE HOME, LARGE A home or facility wherein at least three, but not more than twelve when any
preschool-aged or three to fifteen children when only school-aged children receive care away from their own
home by persons other than their own parents, legal guardians or relatives within the fourth degree of kinship,
on a regular basis more than once per week for more than four hours per day. The facility must operate 12
hours per day or less. All children, other than the children of the operator, must be counted. The operator of
the home must reside on the premises. The home must meet applicable requirements of the state building code
and must have a fence of at least four feet in height surrounding any play area provided for the children. A sign
not exceeding two square foot in size, advertising the day care home, shall be permitted. The operation of the
home shall comply with all federal, state and local codes and shall be permitted by a special use permit in all
residential districts and shall comply with section 155.041 of this ordinance.
DAY CARE HOME, SMALL. A home or facility wherein at least two, but not more than five, children receive care
away from their own home by persons other than their own parents, legal guardians or relatives within the
fourth degree of kinship, on a regular basis more than once per week for more than four hours per day. The
facility must operate 12 hours per day or less. All children, other than the children of the operator, must be
counted. Child day care homes shall be considered home occupations. The operator of the home must reside
on the premises. The home must meet applicable requirements of the state building code and must have a
fence of at least four feet in height surrounding any play area provided for the children. A sign not exceeding
two square foot in size, advertising the day care home, shall be permitted. The operation of the home shall
comply with all federal, state and local codes and shall be permitted by right in all residential districts as home
occupation and shall comply with Sections 155.080 and 155.081 of this ordinance.
DRIVE-IN (EATING OR DRINKING FACILITY). An establishment that provides employee curb service or
accommodations through special equipment or facilities for the ordering of food or beverage from a vehicle.
DWELLING, MULTI-FAMILY. A building used or designed as a resident for more than two families living
independently of each other.
DWELLING, SINGLE-FAMILY. A detached building designed for or occupied exclusively by one (1) family.
DWELLING, TWO-FAMILY. A detached building either designed for or occupied by two (2) families living
independently of each other.
DWELLING UNIT. A residential structure or that portion of a residential structure used or designed as a
residence for one (1) family.
ERECT. To build, construct, rebuild, reconstruct, as the same are commonly defined.
FABRICATION. The processing and/or assemblage of various components into a complete or partially
completed commodity. Fabrication related to stamping, cutting, or otherwise shaping the processed materials
into useful objects. The refining aspects of manufacturing and other initial processing of basic new raw
materials such as metal, ore, lumber, and rubber, etc. are included.
FAMILY. One (1) or more person(s) or group of two (2) or more persons living together and interrelated by
bonds of marriage or legal adoption occupying the whole part of a dwelling as a separate housekeeping unit
with a common and single set of culinary facilities. The person thus constituting a family may also include two
(2) additional guests who occupy rooms for which compensation may or may not be paid. Any group of
persons not so related but inhabiting a single housekeeping unit shall be considered to constitute one (1)
family for each five (5) persons exclusive of domestic employees, contained as one (1) group.
FAMILY CARE HOME. A home with support and supervisory personnel that provides room and board, personal
care and habitation services in a family environment for not more than six resident handicapped persons.
FARMER’S MARKET: A retail establishment primarily engaged in the sale of fresh fruits, vegetables and similar
perishable goods. This definition does not include “Roadside Stands.”
FLEA MARKET. Buildings or open areas in which booths or sales areas are provided for entry by various
unrelated individuals to sell a variety of merchandise. This does not include yard sales, rummage sales, garage
sales or farmer’s markets.
FRONTAGE. All property abutting one (1) side of a street measured along the street line.
GARAGE, PRIVATE. A building or space used as an accessory to a part of the main building permitted in any
residential district that provides storage space for motor vehicles and in which no business, occupation, or
service for profit is in any way conducted.
GROUP HOME. A facility licensed by the appropriate state agency and for the care of no more than three
unrelated individuals, excluding supervisory personnel, who are handicapped, aged or disabled and are
undergoing rehabilitation or extended care, and are provided services to meet their specific needs. This
definition includes group homes for all ages, halfway houses, foster homes and boarding homes.
HANDICAPPED PERSON A person with a temporary or permanent physical, emotional or mental disability,
including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments,
emotional disturbances or orthopedic impairments, but not including mentally ill persons who are dangerous to
others as defined in G.S. 122-58.2(1)b.
HOME CARE UNIT. A facility meeting all the requirements of the State of North Carolina for boarding and care
of not more than five (5) persons who are not critically ill and do not need regular professional medical attention.
HOME OCCUPATION, Certain specified occupations customarily conducted for profit within a dwelling unit and
carried on by the occupant thereof. Criteria for the classification of a home occupation is contained in this
chapter.
INDUSTRY, PILOT OPERATION, A manufacturing establishment that produces only research and/or sample
products and is not engaged in the mass production of any product for wholesale or retail sale to the general
public or other businesses. This definition shall also include custom and manufacturing of commodities
produced by skilled artisans or craftsmen, but in not inclusive of the mass production of any commodity by such
artisans or craftsmen.
JUNK, Pre-used or unusable metallic parts and other non-metallic manufactured products that are worn,
deteriorated, or obsolete making them unusable in their existing condition, but are subject to be dismantled
and salvaged.
JUNK YARD, The use of more than six hundred (600) square feet of any lot for the storage of junk, including
scrap metal, or other scrap materials, or for the dismantling or abandonment of automobiles or other vehicles
or machinery.
KENNEL, A facility operated exclusively for profit and for the expressed purpose of breeding or providing
shelter for animals.
LOT, Means land area which is composed of a single parcel or contiguous parcel of land under same
ownership and is recorded as such in the Office of the Register of Deeds.
LOT AREA, The parcel of land enclosed within the boundaries formed by the property lines plus one-half of
any alley abutting the lot between the boundaries of the lot, if extended.
LOT, CORNER. Any parcel of land having frontage on more than one (1) street (road) which abuts an
intersection of those streets (roads).
LOT DEPTH, The depth of a lot, for the purpose of this chapter, is the distance measured in the mean
direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite lot line.
LOT LINE, The boundary of a parcel of land.
LOT LINE, FRONT, Any boundary line of a lot running along a street right-of-way line.
LOT OF RECORD, A lot which has been recorded in the Office of the Register of Deeds or a lot described by
metes and bounds the description of which has been recorded in the aforementioned office.
LOT LINE, REAR. The rear lot line, shall be the property line (s) which is (are) opposite the front property line.
If no property line is deemed to be opposite the front property line and no minimum building line exists on the
final plat to establish a rear lot line, then there shall be no rear lot line; however, the rear yard setback shall be
maintained for the point (apex) on the property’s perimeter which his the furthest removed from the midpoint of
the front line. The rear yard minimum building line shall be a line perpendicular to a straight line connecting
said apex and the midpoint on the front line.
LOT LINE, SIDE. A boundary line which is not defined as a front or rear lot line.
LOT, THROUGH. A continuous lot of the same depth as the width of a block, accessible from both rights-of-
way upon which it fronts.
LOT, WIDTH. The horizontal distance between the side lines measured along the front building line as specified
by the applicable front yard setback in this chapter.
MANUFACTURED HOME. A detached residential dwelling unit, that does not meet the construction standards
of the North Carolina State Building Code, is more than thirty-two (32) feet in length and more than eight (8)
feet wide designed for transportation after fabrication on its own wheels or on flatbeds or other trailers, and
arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy, except for
minor and incidental unpacking and assemble operation including, but not limited to, location of jacks or other
temporary or permanent foundation, and connection to utilities. Travel trailers and campers shall not be
considered manufactured homes.
MOBILE/MANUFACTURED HOME, CLASS A (DOUBLE-WIDE). A manufactured 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 the following additional
criteria:
(1) The home has a length not exceeding four (4) times its manufactured
width; and
(2) The pitch of the manufactured home’s roof has a minimum vertical rise of two and two-tenths feet for each
twelve feet of horizontal run (4” in 12”) and the roof is finished with shingles; and
(3) The exterior siding consists predominately of vinyl or aluminum horizontal lap siding, wood, or hard-
board;
MOBILE/MANUFACTURED HOME, CLASS B (SINGLEWIDE). A manufactured home constructed after July 1,
1976 that meets or exceeds the standards promulgated by the U.S. Department of Housing and Urban
Development that were in effect at the time of construction, but which does not meet the definition of a Class A
(Doublewide) manufactured home.
MOBILE/MANUFACTURED HOME, CLASS C. A manufactured home that does not meet the definition of either
a Class A or a Class B manufactured home. Class C mobile/manufactured homes shall not be allowed within the
zoning jurisdiction of the town.
MOBILE HOME PARK. Any lot or part thereof, or any parcel of land which is used or offered as a location for
two or more manufactured homes, regardless of whether or not a charge is made for such accommodations.
MOBILE OFFICE BUILDINGS/FACILITIES. A complete ready-to-use building assembled in a manufacturing
plant and transported to the building site, designed primarily for the construction trade to house administrative
activities, tools, and blueprints during the erection of a permanent building. Mobile office facilities do not meet
North Carolina State Building Code, and are allowed within any zoning jurisdiction of the Town of Mount Olive
strictly on a temporary basis in conjunction with the issuance of a building permit for a permanent structure.
MODULAR HOME. A dwelling unit constructed in accordance with 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, completely enclosed foundation. This unit may consist of two (2) or more
sections transported to the site in a manner similar to a manufactured home (except that a 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
MODULAR OFFICE BUILDINGS/FACILITIES: An office or commercial facility constructed in accordance with
North Carolina State Building Code and completed as a unit ready for use, or composed of components
substantially assembled in a manufacturing plant and transported to the building site for final assemble on a
permanent, completely enclosed foundation. This unit may consist of one or more sections transported to the
site either as a complete unit, or as a series of panels or room sections transported on a truck and erected or
joined together on the site.
NONCONFORMING USE. A use of buildings or land that does not conform with the regulations of the district in
which such building or land is situated but was lawful at the time the use began.
NURSING HOME. A structure designed or used for residential occupancy and providing limited medical or
nursing care on the premises for occupants, but not including a hospital or mental health center.
PLANNED UNIT DEVELOPMENT. A residential, commercial, or combination of residential and commercial
projects located on land under unified control, planned as a whole, and developed as a single development or
in a definitely programmed series of units or stages of development according to comprehensive and detailed
plans, with a program for the provision, operation, and maintenance of any areas, improvements, and facilities
provided for the common use of the occupants or users of the development.
PLANNING BOARD, Means for the purposes of this chapter a body appointed by the Town Board of
Commissioners of Commissioners to perform the following duties:
(1) Develop and recommend long-range development plans and policies; and
(2) Advise the Board of Commissioners in matters pertaining to current physical development and zoning for
the Town’s planning jurisdiction
PROCESSING, Any operation changing the nature of material or materials chemical composition or physical
properties. Does not include operations described as fabrication.
PUBLIC SEWER SYSTEM, Any sewage disposal system whether operated publicly or privately other than a pit
privy or a septic tank located on the lot and approved by the County Health Department.
PUBLIC WATER SYSTEM, A system for the provision to the public of piped water for human consumption if
such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five
(25) individuals daily at least sixty (60) days out of the year.
RETAIL. The sale of a commodity to the ultimate consumer and not customarily subject to sale again.
RIDING SCHOOL. An equestrian institution of learning requiring tuition.
ROADSIDE STANDS. A seasonal / temporary establishment that is dismantled or removed at the end of the
day or season from which fresh fruits, vegetables or other perishables are offered for sale.
RUMMAGE SALES. The display and sale by a nonprofit organization or group of personal property donataed
by members which has been owned or previously used. Rummage Sales are permitted only on premises of a
non-profit organization. A permit is required.
SALVAGE OPERATION, means the reclamation, dismantling, or storage or pre-used commodities, junk, and
similar material for the purposes of resale, processing, distribution or deposition.
SERVICE STATION, means a building or lot where gasoline, oil, grease, and automotive accessories are
supplied and dispensed to a motor vehicle trade.
SETBACK, The distance between the minimum building line and the street right-of-way line and where no
street right-of-way is involved, the property line shall be used in establishing the setback.
SIGN, Any words, lettering, parts of letters, pictures, figures, numerals, phrases, sentences, emblems devices,
design, trade names, or trademarks by which anything is made known such as the designation of an individual,
firm, association, profession, business commodity, or product which are visible from any public way and used to
attract attention.
SIGN, AREA OF, Sign area shall be computed by the smallest square, triangle, rectangle, circle, or combination
thereof which will encompass the entire sign including lattice work, frame, or supports incidental to its
decoration. In computing the area, only one (1) side of a double-face sign structure shall be considered.
SIGN, BUSINESS OR INDUSTRIAL IDENTIFICATION, Any sign which advertises an establishment, service,
commodity, or activity conducted upon the premises where such sign is located.
SIGN, OUTDOOR ADVERTISING, Any sign which advertises an establishment, service, commodity, goods, or
entertainment sold or offered on premises other than that on which such sign is located.
SIGN, PORTABLE, Any sign not exceeding eighty (80) square feet in billboard area and constructed as a part
of or attached to a trailer.
SITE SPECIFIC DEVELOPMENT PLAN, A plan of land development submitted to the Town for purposes of
obtaining a Conditional Use Permit, Special Use Permit, or Zoning Permit. If a Conditional or Special Use Permit
is not normally required for the type of development for which a vested right is sought, a site specific
development plan for the use may be approved as a Special Use, if the normal procedures in the chapter for
obtaining a Special Use Permit are followed. Notwithstanding the foregoing, neither a variance nor any other
document that fails to describe with reasonable certainty the type and intensity of use for a specified parcel or
parcels of property shall constitute a site specific development plan.
STORAGE, The deposition of commodities or items for the purposes of future use or safekeeping.
STREET, A public thoroughfare which affords access to abutting property and is recorded as such in the Office
of the County Register of Deeds.
STRUCTURE, See BUILDING.
SUBDIVISION, All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other division
for the purpose, whether immediate or future, of sale or building development, and all division of land involving
the dedication of new streets or a change in existing streets provided, however, that the following shall not be
included within this definition.
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 standards as contained herein.
b) The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is
involved.
c) The public acquisition by purchase of strips of land for the widening or opening of streets.
d) The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more
than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to
or exceed the standards as prescribed herein.
TELECOMMUNICATION TOWER: A structure on which there are electronic facilities for receiving or
transmitting communication signals. Those less than 15 feet above the roof line, when secured to a building,
are exempt. Telephone poles, power poles carrying telephone, and cable television lines are also exempt from
this definition.
TOURIST HOME, Any building occupied by owner or operator in which rooms are rented for lodging of
transients and travelers for compensation.
TRAVEL TRAILER/RECREATIONAL VEHICLE. Any structure which:
(1) consists of a single unit completely assembled at the factory; and
(2) is designed so that the total structure can be transported on its own chassis; and
(3) is not over thirty-two (32) feet in length and eight (8) feet in width.
Such structures shall be considered travel trailers regardless of other titles that may also be applicable such as
camper, mini mobile home, etc.
USE, The purpose for which land or structures thereon are designed, arranged, or intended to be occupied or
used; or for which it is occupied, maintained, rented , or leased.
USE, CONDITIONAL, A use permitted in a zone only after specific findings by the Board of Adjustment.
USE BY RIGHT, A use which is listed as an unconditionally permitted activity in this chapter.
VARIANCE, A modification or alteration of any of the requirements of this chapter.
WAREHOUSE, A building or compartment in a building used an appropriated by the occupant for the deposit
and safekeeping or selling of his own goods at wholesale, and/or for the purpose of storing the goods of others
placed there in the regular course of commercial dealing and trade to be again removed or reshipped.
WHOLESALE, Sale of a commodity for resale to the public for direct consumption.
YARD, Means a required open space, unoccupied and unobstructed by any structure, or portion of any
structure, from 30 inches above the ground level of the graded lot upward; provided, however, that fences,
walls, poles, posts and other customary yard accessories, ornaments, furniture and HVAC units may be
permitted in any yard. Provided further, that roof overhangs, eves and other projections of 18 inches or less
from the face of the structure shall be allowed to project into any yard. In those cases where a street right-of-
way extends within a property line, the required yard adjacent to such street right-of-way shall be measured at
right angles from such right-of-way line and not from the property line.
YARD, FRONT, A yard across the full width of the lot, extending from the front line of the building to the front lot
line.
YARD, REAR, A yard located behind the rear line of the main building, if extended, to the perimeter of the lot.
YARD SALES / GARAGE SALES. The display and sale by an individual from a residence or residential
property of personal property which has been owned or previously used. The term “yard sale” or “garage
sale” does not include the mere residential sale of one or two items of personal property when such sale is not
part of a general sale of a number of items of personal property. A permit is required.
YARD, SIDE, A yard between the building and side lot line, extending from the front building line to the rear
building line.
ZONING PERMIT, A permit issued by the Zoning Administrator or his authorized agents, that permits the
applicant to use or occupy a tract of land or a building; or to erect, install, or alter a structure, building, or sign
situation in the jurisdiction of the Town that fully meet the requirements of this chapter.
ZONING VESTED RIGHT, A right pursuant to G.S. 160A-385.1 to undertake and complete the development and
use of property under the terms and conditions of an approved site specific development plan.
(Ord. passed 6-1-92 Or. Amd. Passed. 4-15-96, Or. Amd. Passed 5-10-2002, Or. Amd Passed 7-2-07, Amd.
Ord. Passed 1-7-08, Amd. Ord. Passed 2-4-08, Amd. Ord. Passed 3-3-08)
155.006 INTREPRETATION OF CERTAIN TERMS
1. Words used in the present tense include the future tense
2. Words used in the singular number include the plural and words used in the plural
number include the singular.
3. The word PERSON includes a firm, joint venture, association, organization,
Partnership, corporation, trust, and company, as well as an individual.
4. The word LOT includes the words “plot” or ”parcel”.
5. The word BUILDING includes the word “structure”.
6. The words SHALL is always mandatory and not merely directory.
7. The words USED or OCCUPIED as applied to any land or building shall be construed to include the words
“intended, arranged, or designed to be used or occupied”.
8. The words ZONING MAP or OFFICIAL MOUNT OLIVE ZONING MAP shall mean the Map of Mount Olive,
North Carolina.
(Ord. passed 6-1-92)
ZONING MAP; DISTRICT BOUNDARIES
155.020 ZONING MAP.
The locations and boundaries of each of the zoning districts shall be shown on the map accompanying this
chapter and made part hereof, entitled “Official Zoning Map, Mount Olive, North Carolina”, and adopted by the
Board of Commissioners on June 1, 1992. The Zoning Map and all the notations, references, and amendments
thereto, and other information shown are hereby made a part of this chapter. The Zoning Map shall be kept on
file on the Office of the Building Inspector and shall be available for inspection by the public.
(A) The map shall be identified by the signature of the Mayor, attested by the Town Clerk, and bearing the
Official Seal of the Town of Mount Olive under the following words: “This is to certify that this is the Official
Zoning map of the Zoning Ordinance for the Town of Mount Olive, North Carolina”. The date of adopting shall
also be shown.
(B) If, in accordance with the provisions of this chapter, changes are made in the zoning district boundaries
or other matters shown on the map, such changes shall be made together with an entry on the map as follows:
“On (date) by official action of the Board of Commissioners of Commissioners, the following changes were
made in the Official Zoning Map: (brief description of nature of change)”. The entry shall be signed by the
Mayor and attested by the Town Clerk. No amendment to this chapter which involves matter portrayed on the
map shall be come effective until after such change and entry has been made on said map.
(C) In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret, the
Board of Commissioners may by chapter adopt a new Official Zoning Map which shall be the same in every
detail as the map it supersedes. The new map shall bear the signatures of current officials and shall bear the
seal of the Town under the following words: “This is to certify that this Official Zoning Map supersedes and
replaces the Official Zoning Map adopted (date of adoption of map replaced)”. The date of adoption of the new
Official Zoning Map shall be shown also.
155.021 INTREPRETATION OF DISTRICT BOUNDARIES
(A) The boundaries of such districts as are shown upon the map attached to this chapter are hereby
adopted. The provisions of this chapter governing the use of land and buildings, the height of buildings, the
building site areas, the size of the yards around buildings, and other matters as hereinafter set forth, are
hereby established and declared to be in effect upon all land included with the boundaries of each and every
district as shown upon said map.
(B) Where uncertainty exists with respect to the location of certain boundaries of districts as shown on
the Official Zoning Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall
be construed to follow such centerlines.
(2) Boundaries indicated as approximately following platted lot lines shall be construed to follow such
lot lines.
(3) Boundaries indicated as approximately following town limit lines shall be construed to follow such
town limit lines
(4) Boundaries indicated as following the rights-of-way of railroad lines shall be construed to follow
such rights-of-way.
(5) Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or
other bodies of water shall be construed to follow such centerlines shall be construed to follow such centerlines.
(6) Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of
the map.
(7) Where physical and cultural features existing on the ground are at variance with those shown on
the Official Zoning Map, the board of Adjustment may permit the extension of the regulations for either portion
of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.
(Ord. passed 6-1-92)
SUPPLEMENTARY REGULATIONS
155.035 GENERAL REGULATIONS
(A) Except as hereinafter provided, the regulations set by this chapter within each district shall be minimum
regulations and shall apply uniformly to each class of kind of structure or land.
(B) No building, structure, or land shall hereafter be used or occupied, and no building or structure or part
thereof, shall hereafter be erected, constructed, reconstructed moved, or structurally altered except in
conformity with all the regulations specified herein for the district in which it is located
(C) No building or other structure shall hereafter be erected or altered:
(1) to exceed the height;
(2) to accommodate or house a greater number of families;
(3) to have narrower or smaller front yards, side yards rear yards, or other open spaces; or
(4) to occupy a greater percentage of lot area than permitted herein or in any other manner contrary to this
chapter.
(D) No part of a yard or other open space required about or in connection with any building for the purpose
of complying with this chapter shall be included as a part of a yard or other open space similarly required for
any other building or use.
(E) No yard setbacks or lot existing at the time of passage of this chapter shall be reduced in dimension or
area below the minimum requirements set forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by this chapter.
(F) Every business or residential building hereafter erected or moved shall be on a lot adjacent to a street
right-of-way, and all structures shall be so located as to provide safe and convenient access for servicing, fire
protection, and required off-street parking.
(G) In any district, more than one (1) building housing a permitted principal use may be erected on a single
lot, provided that yard and other requirements of this chapter shall be met for each building as though it were
on an individual lot and is located on a street right-of-way.
(H) No lot shall be reduced or changed in size so that the total area, minimum frontage, front, side, or rear
setbacks, lot area per dwelling unit, or other dimensions, areas, or open spaces required by these regulations
are not maintained. No lot shall be reduced in size so as to produce an additional lot which is not in conformity
with these regulations, unless said lot is combined with other land to produce a conforming lot or unless said lot
is needed and accepted or public use.
(I) Accessory buildings and uses may be erected or permitted by this chapter and shall be subject to the
following requirements:
(1) The accessory building or use shall be placed in the rear yard only.
(2) No separate accessory building or use shall be erected within ten (10) feet of any other building(s), or
within five (5) feet from any property line; and
(3) The total square footage of all accessory buildings on each lot shall not exceed fifty (50) percent of the
square footage of the permitted principal use.
(J) Where a minimum frontage is specified in these regulations it shall be measured at the front yard setback
line.
(K) The setback requirements of these regulations shall not prohibit any necessary retaining wall or prohibit
any planted buffer strip, fence, or wall. However, no fence or wall shall exceed a height of six (6) feet in any
front or side yard unless specified elsewhere. Such fences and walls shall be located on the lot with the
principal building.
(Ord. passed 6-1-92) Penalty, see 155.999
155.036 LOTS OF RECORD
Any lot of record existing when adopted, which has an area or a width which is less than required by this
chapter, shall be subject shall be subject to the following exceptions and modifications:
(A) Adjoining Lots – When two (2) or more adjoining lots with continuous frontage are in one (1) ownership
at any time after the adoption of this chapter, and such lots individually are less than the minimum square
footage and/or have less than the minimum width required in the district in which they are located, then such
group of lots shall be considered as a single lot or several lots of minimum permitted width and area for the
district in which located.
(B) Lot Not Meeting Minimum Lot Size Requirements – Except as set forth in A. in the above, in any district
in which single-family dwellings are permitted, any lot of record existing at the time of the adoption of these
regulations which has an area or a width which is less than required by these regulations may be used as a
building site for a single-family dwelling, provided that all setbacks can be met.
(C) Side Yard Requirements – Except as set forth in A. above, where a lot has a width less than the width
required in the district in which it is located, then the Zoning Administrator shall be authorized to reduce the side
yard requirements for such lot, provided however, no side yard shall be less than eight (8) feet wide.
(Ord. passed 6-1-92)
155.037 HEIGHT LIMITATIONS
The district height limitations, stipulated elsewhere in this chapter, may be exceeded when a conditional use is
approved by the Board of Adjustment. Such structures as church spires, belfries, cupolas, and domes not
intended for human occupancy, monuments, water towers, observation towers, transmission towers, chimneys,
smokestacks, conveyors, flagpoles, radio towers, masts, aerials, and similar structures which exceed the height
limitations, may be permitted when an application for a conditional use is approved by the Board of Adjustment.
(Ord. passed 6-1-92)
155.038 MOBILE/MANUFACTURED HOMES.
All mobile/manufactured homes shall meet the following requirements:
(A) Manufactured homes shall be no older than ten (10) years from the current date of permit application
verified through title or manufactured home dealer certification.
(B) Interior and exterior finishes, foundation and roofing shall be in good condition. Any deficiencies in the
structural or physical condition of the manufactured home shall be noted by the Building Inspection Official and
repaired by the party responsible before a Certificate of Occupancy is issued.
(C) Manufactured homes located in an existing Manufactured Home Park shall have a continuous masonry
brick or vinyl perimeter foundation curtain wall.
(D) Stairs, porches or entrance platforms, ramps or other means of entrance and exit to the manufactured
home shall be installed and constructed in accordance with North Carolina’s Building Code. They shall be
attached firmly to the primary structure or anchored securely to the ground. Steps shall be constructed of pre-
cast concrete, poured concrete, or constructed from pressure-treated wood. All steps shall be at least as wide
as the door it serves. All steps leading into and out of the manufactured home shall have handrails located on
both sides of the door.
(E) All of these standards shall be met prior to connection of electrical, water, and sewer services.
(Ord. passed 6-1-92; Am. Ord . passed 5-10-02) Penalty, see 155.999
155.039 ESTABLISHED CONDITIONS OF SPECIAL USES.
After the effective date of this chapter, those uses which existed prior to that effective date and would only
thenceforth be permitted as conditional or special uses in the district in which they are located, shall be
considered to be legally established conditional or special uses. Any expansion, addition, or other change for
which a zoning permit is required shall be heard, considered, and approved or disapproved by the Board of
Adjustment or Board of Commissioners in the same manner as original applications for conditional or special
use approval.
155.040 ESTABLISHMENT OF A ZONING VESTED RIGHT
(A) A zoning vested right shall be deemed established upon the valid approval, or conditional approval, of a
site specific development plan, following notice and public hearing.
(B) The approving authority may approve a site specific development plan upon such terms and conditions
as may reasonable be necessary to protect the public health, safety, and welfare.
(C) Notwithstanding subsections (A) and (B), approval of a site specific development plan with the condition
that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is
obtained.
(D) A site specific development plan shall be deemed approved upon the effective date of the approval
authority’s action or chapter relating thereto.
(E) The establishment of a zoning vested right shall not preclude the application of overlay zoning that
imposes additional requirements but does not affect the allowable type or intensity of use, or chapters or
regulations that are general in nature and are applicable to all property subject to land use regulation by the
Town, including, but not limit to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable
new or amended regulations shall become effective with respect to property that is subject to a site specific
development plan upon the expiration or termination of the vested right in accordance with this chapter.
(F) A zoning vested right is not a personal right, but shall attach to and run with the applicable property.
After approval of a site specific development plan, all successors to the original landowner shall be entitled to
exercise such right while applicable.
(G) Approval Procedures and Approval Authority
(1) Except as otherwise provided in this section, an application for site specific development plan approval
shall be processed in accordance with the procedures established in this chapter for a Conditional Use Permit,
Special Use Permit, or Zoning Permit as applicable. The Mount Olive Board of Commissioners or Board of
Adjustment, as applicable, shall be the final approval authority.
(2) If the use for which a vested right is sought would not normally be a Conditional or Special Use under
the code, in order to obtain zoning vested right, the applicant must request in writing at the time of application
that the application be considered and acted on by the Mount Olive Board of Commissioners as a Special Use
and follow all procedures in the code for obtaining a Special Use Permit.
(3) In order for a zoning vested right to be established upon approval of a site specific development plan,
the applicant must indicate at the time of application, on a form to be provided by the Town, that a zoning
vested right is being sought.
(4) Each map, plat, site plan, or other document evidencing a site specific development plan shall contain
following notation: “Approval of this plan establishes a zoning vested right under G.S. 160A-385.1. Unless
terminated at an earlier date, the zoning vested right shall be valid until___________________.”
(5) Following approval of conditional approval of a site specific development plan, nothing in this chapter
shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and
conditions of the original approval, provided that such reviews and approvals are not inconsistent with the
original approval.
(6) Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure
to comply with applicable terms and conditions of the approval or the zoning chapter.
(H) Duration
(1) A zoning right that has been vested as provided in this section shall remain vested for a period of two
years unless specifically and unambiguously provided otherwise pursuant to division (H)(2) below. This vesting
shall to 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.
(2) Notwithstanding the provisions of division (H)(1) above, the approval authority may provide that rights
shall be vested for a period exceeding two (2) years but not exceeding five (5) years where warranted in light of
all relevant circumstances, including, but not limited to, the size of the development, the level of investment, the
need for or desirability of the development, economic cycles, and market conditions. These determinations
shall be in the sound discretion of the approval authority at the time the site specific development plan is
approved.
(3) Upon issuance of a building permit, the expiration provisions of G.S. 160A-418 and the revocation
provisions of G.S. 160A-422 shall apply, except that a building permit shall not expire or be revoked because of
the running of the time while a zoning vested right under this section is outstanding.
(I) Termination. A zoning right that has been vested as provided in this chapter
shall terminate:
(1) at the end of the applicable vesting period with respect to building and uses for which no valid building
permit applications have been filed.
(2) with the written consent of the affected landowner;
(3) upon findings by the Mount Olive Board of Commissioners, by ordinance after notice and a public
hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would
pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in
the site specific development plan.
(4) upon payment to the affected landowner of compensation for all costs, expenses, and other losses
incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all
architectural, planning, marketing ,legal, and other consultant’s fees incurred after approval by the Town,
together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the
value of the property which is caused by such action;
(5) upon findings by the Mount Olive Board of Commissioners, by chapter after notice and hearing, that the
landowner or his representative intentionally supplied inaccurate information or made material
misrepresentations which made a difference in the approval by the approval authority of the site specific
development plan; or
(6) 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 a finding that the change in State or Federal law has a fundamental effect on the
plan, by ordinance after notice and a hearing.
(J) Voluntary Annexation. A petition for annexation filed with the Town under G.S. 160A-31 or G.S.160A-
58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the
properties subject to the petition has been established under G.S. 160A-385.1. A statement that declares that
no zoning vested right has been established under G.S. 160A-385.1, or the failure to sign a statement
declaring whether or not a zoning vested right has been established, shall be binding on the landowner and
any such zoning vested right shall be terminated.
(K) Limitations. Nothing in this chapter is intended or shall be deemed to create any vested right other
than those established pursuant to G.S. 160A-385.1.
(L) Repealer. In the event that G.S. 160A-385. 1 is repealed, this section shall
be deemed repealed and the provisions hereof no longer effective.
(Ord. passed 6-1-92)
155.041 CONDITIONAL AND SPECIAL USES: OBJECTIVES AND PURPOSE
(A) Permitted conditional or special uses add flexibility to the zoning chapter. Subject to good planning and
design standards, certain uses of property are allowed in specified districts where those uses would not
otherwise be acceptable. By means of controls exercised through the Conditional or Special Use Permit
procedures, uses of property which would otherwise be undesirable in certain districts can be developed to
minimize any bad effects they might have on surrounding properties.
(B) The provisions of this chapter permit some uses to be established by right in the appropriate district
while other uses are listed which require a permit from the Board of Adjustment or Board of Commissioners.
Those which require a permit from the Board of Adjustment are termed conditional uses by this chapter, while
those which involve broader policy considerations and therefore require a permit from the Board of
Commissioners are termed special uses. Both types of uses, in some circumstances, may be compatible with
and desirable in the districts in which they are designated as special or conditional uses, but they may also
have characteristics which could have detrimental effects on adjacent properties, or even the entire Mount
Olive area, if not properly designed and controlled. Procedures for Conditional use Permits are found in sub-
sections 155.152 and 155.153.
(C) Procedure for special use Permits Approved by the Board of Commissioners.
(D) Special Uses are likely to involve broad policy issues and be larger in scale. Therefore, the Mount Olive
Board of Commissioners, rather than the Board of Adjustment, will be responsible for their approval, after
following the procedures listed below.
(E) Special Use Permits shall only be granted after the Mount Olive Board of Commissioners has held a
public hearing using the procedure set forth below.
(1) Applications for Special Use Permits and a fee in accordance with the fee schedule adopted by the
Board of Commissioners shall be received by the Zoning Administrator.
(2). The Zoning Administrator shall transmit the application to the Mount Olive Planning Board, who shall
review the application and make a recommendation to the Board of Commissioners within thirty-five (35) days
of the Planning Board’s first consideration.
(3) After receiving the Planning Board’s recommendation, the Board of Commissioners shall call for a
public hearing. Public notice of the hearing shall be published in newspapers generally circulated in Mount
Olive, at least five (5) days before the date of the hearing. The Board of Commissioners shall cause notices to
be mailed to all property owners which abut the parcel(s) or land involved in the Special Use Permit application
as indicated by the records in the County Tax Office.
(4) Public hearings by the Mount Olive Board of Commissioners for Special use Permits shall be conducted
in the following manner:
(a) Any party may appear in person or by agent at the hearing.
(b) The order of business for each hearing shall be as follows:
1. The Mayor or such person he shall direct shall give a preliminary statement of the case;
2. The Mayor may limit the time allowed for presenting evidence or statement for or against the application;
3. The applicant shall present the evidence and arguments in support of his application;
4. Persons opposed to granting the application shall present the evidence and arguments against the
application;
5. Both sides may be permitted to present rebuttals to opposing evidence and arguments;
6. The Mayor, or such person as he shall direct, shall summarize the evidence that has been presented,
giving the parties opportunity to make objections or corrections. The board may call any witness or request
information it deems advisable in order to reach a decision on the application. The Board members or its
employees shall be the only persons allowed to ask questions of a witness. The Board may view the premises,
but the facts indicated by such inspection shall be disclosed at the public hearing and made a part of the
record. All witnesses before the Board shall be placed under oath. In order to issue a Special Use Permit, the
Board shall consider each of the following conditions, and based on the evidence presented at the hearing(s),
make findings in regards to each and must find that the issuance of the Special Use Permit is in the best
interest of the Town.
a. All applicable specific conditions pertaining to the proposed use have been or will be satisfied.
b. Access roads or entrance and exit drives are or will be sufficient in size and properly located to ensure
automotive and pedestrian safety and convenience, traffic flow, and control and access in case of fire or other
emergency.
c. Off-street parking, loading, refuse, and other service areas are located so as to be safe convenient,
allow for access in case of emergency, and to minimize economic, glare, odor, and other impacts on adjoining
properties in the general neighborhood.
d. Utilities, schools, fire, police, and other necessary public and private facilities and services will be
adequate to handle the proposed use.
e. The location and arrangement of the use on the site, screening, buffering, landscaping, and pedestrian
ways harmonize with adjoining properties and the general area and minimize adverse impact.
f. The type, size, and intensity, of the proposed
use, including such considerations as the hours of
operations and number of people who are likely to
utilize or be attracted to the use, will not have
significant adverse impacts on adjoining properties
or the neighborhood.
g. The Board may continue the hearing until a certain date and time.
(F) If the Board of Commissioners approves a Special Use Permit, it may, as part of the terms of such
approval, impose any additional reasonable conditions and safeguards as may be necessary to ensure that the
criteria for the granting of such a permit will be complied with and to reduce or minimize any potentially injurious
effect of the use on adjoining properties, the character of the neighborhood, or the health, safety, morals, or
general welfare of the community. Where appropriate, such conditions may include requirements that street
and utility rights-of-way be dedicated to the public and that provision be made of recreational space and
facilities.
(1) An application of a rehearing may be made in the same manner as an application for an original
hearing.
(2) Decisions by the Board of Commissioners shall be made not later than thirty-five (35) days from the
time of the formal hearing. Only a simple majority vote is required for the Board of Commissioners to decide
the application. Vacant seats and disqualified members are not counted in the total required for approval.
(3) The Board’s final decisions shall be shown in the record of the case as entered in the Board’s minutes
and signed by the Clerk and the Mayor on approval of the minutes by the Board. Such record shall show the
reasons for the determinations, with a summary of the evidence introduced and the findings of fact made by the
Board. When a Special Use Permit is granted, the record shall state the facts that support findings required to
be made before such permit is issued. The record shall state in detail, what, if any, conditions and safeguards
the Board imposes in connection with granting of a Special Use Permit. A separate record of the decision in
each case shall be prepared, filed in the Clerk’s office, and furnished to he parties seeking the permit.
(4) The Clerk shall give written notice of the decision in the case to the applicant. Such notice may be
delivered either by personal service or by registered mail or certified mail, return receipt requested. A copy of
the decision shall also be filed in the Clerk’s office. The decision shall be a public record, available for
inspection at all reasonable times.
(Ord. passed 6-1-92; Am. Ord. passed 3-5-07)
155.042 DESIGNATION OF STREET ADDRESS.
In any district, every principal building or structure located within the corporate limits and extraterritorial
jurisdiction of the Town of Mount Olive shall have a street address designated by street name and number
assigned to said buildings or structure. All such principal buildings or structures shall have the street number
posted in a visible location at the primary entrance on the side of the building or structure facing the street. If
the building or structure has entrances on more than one (1) street, the street number shall be posted on the
street toward which the primary entrance to the building or structure faces. Street numbers shall be utilized
which are at least four (4) inches high and of sufficient width to be discernible from the street.
(Ord. passed 6-1-92)
155.043 LANDSCAPE REQUIREMENTS
(A) INTENT
The purpose of this section is to enhance the Town’s visual and environmental character by:
(1) Encouraging the preservation of existing trees and vegetation;
(2) To separate adjacent land uses in order to minimize potential nuisances such as the transmission of
noise, dust, odor, litter, and glare of lights;
(3) To conserve energy and aid storm water runoff; and
(4) To enhance property values and to establish a sense of privacy.
(B) DEFINITION
(1) Caliper Inches: Quantity in inches of the diameter of trees measured at six (6) inches above the
ground for trees four (4) inches or less in trunk diameter and twelve (12) inches above the ground for trees
over four (4) inches in trunk diameter.
(2) Canopy Tree: A species of tree which normally grows to a mature height of forty (40) feet or more with
a minimum mature crown width of thirty (30) feet.
(3) Dripline: A vertical line extending from the outermost portion of a tree’s canopy to the ground.
(4) Understory Tree: A species of tree which normally grows to a mature
height of fifteen (15) to thirty-five (35) feet.
(C) PROCEDURES AND APPLICABILITY
(1) After the adoption date of this ordinance, these requirements shall apply to:
(a) New principal no-residential buildings, or expansions and
reconstructions which will result in a parking or building increase more than two thousand (2,000) square feet;
and
(b) New Single and Multi-family residential development.
(2) Landscaping Plan Required: A landscaping plan shall be submitted showing:
(a) Location, dimension and square footage of required buffer strips, street yards and parking lot
landscaping areas. Individual species and number of trees and shrubs required and number provided.
(b) Details of required landscaping and landscape elements showing species, fencing materials,
dimensions and spacing of constructed and planted materials. The plan shall also show any existing vegetation
to remain undisturbed.
(c) Timeline for installation of required landscaping.
(3) Installation of Required Plant Materials:
(a) A final Certificate of Occupancy for Commercial, Industrial and Multi-Family uses shall not be issued
until all required landscaping is in place.
(b) Single Family Subdivisions greater than five lots shall not receive final plat approval until Street Planting
Yards are installed.
(c) Where weather conditions or construction activity would
endanger the health and survivability of required plantings the
installation may be delayed by the Zoning Administrator. The developer shall submit a copy of a signed contract
for installation of the required planting areas and may be required to post a surety equal to the amount of the
contract. The surety shall not be issued for more than one-hundred and eight (180) days. For commercial and
multi-family projects, a temporary Certificate of Occupancy may be issued. For major single-family detached
subdivisions, the final plat may be recorded
(4) Alternate Methods of Compliance:
(a) Alternate landscape plans, plant materials or methods may be used in situations where strict adherence
to the provisions of this ordinance would result in impractical or unreasonable situations. Such situations may
result from severe topography, natural rock formations, utility easements, lot configurations or other physical
conditions. Alternate compliance shall be acceptable in the C-1 District, where small lots and zero lot lines
make compliance with buffer and street scape requirements impossible.
(b) Alternate landscape plans shall be reviewed based on their effectiveness and performance in meeting
the spirit and intent of this ordinance.
(c) The Zoning Administrator shall review the alternate plan taking into account adjacent land uses, amount
of plantings, species arrangement and coverage.
(d) Decisions of the Zoning Administrator may be appealed to the Planning Board.
(D) LANDSCAPING REQUIRED
The following areas are required to be landscaped:
(1) Street Planting Yards: A planting area parallel to the street designed to provide continuity of vegetation
along the right-of-way and a pleasing view from the street.
(2) Parking Lot Plantings: Planting areas within and adjacent to parking areas designed to provide shade
and improve the attractiveness of a large area of pavement.
(3) Buffer Yards: Planting areas located parallel to the side, and rear lot
lines designed to separate adjacent uses and provide privacy and
protection against potential adverse impacts of an adjoining use. The
size of a buffer shall be determined both by the proposed use and by
the type of adjacent use,
Buffers shall not be located on any portion of an existing or proposed street right-of-way. Buffers shall be
permitted to intersect utility easements or run parallel with them; however they shall not be permitted to run
linear with and superimposed on them.
(E) PLANTING AREA REQUIREMENTS
(1). Street Yard
(a) A street Planting Yard, a minimum ten (10) feet in width shall be provided parallel to all public rights-of-
way.
(b) Street Planting Yards shall be planted at the rates of:
Commercial & Industrial Uses: One (1) Canopy tree per fifty (50) linear feet of frontage; eight (8) shrubs per
fifty (50) linear feet of frontage.
Residential Uses: One Canopy tree per fifty (50) linear feet of frontage.
(2) Buffers
(a) Buffer Descriptions:
Type “A”: A Type a buffer is intended to provide a very dense sight barrier to significantly separate uses and
land use districts. It is intended to reduce intrusive lighting and noise from adjacent properties.
Type “B”: The Type B buffer is a medium density screen which is intended to create a visual separation
between uses and land use districts.
Type “C”: A planting strip intended to separate uses, provide vegetation in densely developed areas and
enhance the appearance of individual properties.
(b) Buffer Yard Determination:
To determine the required landscape buffer first use Table 1. Find
proposed use in the Proposed Use Colum. Size of each required
buffer is determined by the Buffer Types along the Adjoining Use
Columns. Where a proposed use abuts multiple use types along the
same side or rear yard, the largest buffer will apply. Next, determine
the planting rate by using Table.
(Tables on next page)
TABLE 1 - BUFFER TYPE CHART
PROPOSED USE
ADJOINING USE
SINGLE FAMILY RESIDENTIAL
MULTI-FAMILY RESIDENTIAL
COMMERCIAL
INDUSTRIAL
Single Family Residential
None
None
None
None
Multi-Family Residential
A
C
B
A
Commercial
A
A
C
B
Industrial
A
A
B
C
TABLE 2 - BUFFER PLANTING RATE CHART
PLANTING YARD RATES
Yard Type
Minimum Width
Minimum Average Width
Maximum Width
Canopy Tree Rate
Understory Tree Rate
Shrub Rate
A
20
30
60
4/100 lf
10/100 lf
33/100 lf
B
15
20
40
2/100 lf
3/100 lf
17/100 lf
C
10
10
20
2/100 lf
18/100 lf
lf = linear feet
Additional Buffer Requirements:
(a) Type A shall be composed of at least one row of evergreen shrubs or understory trees.
(b) Walls at least six (6) feet in height, constructed of masonry, stone or pressure treated lumber, or an
opaque fence, a minimum of six (6) feet in height may be used to reduce the widths of Type A and Type B
buffers by 10 feet.
(3) Parking Lot Planting Rate: Parking lots shall be landscape at the rate of one
(1) canopy tree per twelve (12) parking spaces. Understory trees may be
substituted for canopy trees at the rate of two (2) understory trees per each
required canopy tree.
Required canopy trees shall be distributed through out parking lots and shall be located within or adjacent to
the lot as tree islands, at the end of parking bays, or between rows of parking spaces.
(F) DESIGN AND MAINTENANCE STANDARDS
(1) Retention of Existing Vegetation: Existing vegetation shall be retained and
maintained whenever possible so as to permit such vegetation to contribute
to
buffer and screening requirements. Such retained vegetation which meets or
exceeds the standards of this ordinance may receive partial or total credit
towards planting requirements within the buffer.
(2) Maintenance: All vegetative and other screening devices shall be maintained
so as to continue their effectiveness. Any required plantings which die or
otherwise fail to satisfy the requirements of this chapter shall be replaced
within one hundred and eighty (180) days with an equal or similar species and
size by the owner. When plant material is severely damaged due to unusual
weather conditions or other act of God, the owner shall have up to two (2)
years to replant.
(3) Canopy Tree Size: Canopy trees must be a minimum of eight (8) feet high
and two (2) inches, in caliper, measured six (6) inches above grade, when
planted. When mature, a canopy tree shall be at least forty (40) feet high and
have a crown of thirty (30) feet or greater.
(4) Understory Tree Size: Understory trees must be a minimum of four (4) feet
high and one (1) inch in caliper, measured six (6) inches above grade, when
planted.
(5) Shrub Size: All shrubs shall be expected to reach a maximum height of
thirty-six (36) inches, and a minim um spread of thirty (30) inches within
three (3) years of planting.
(6) Planting Protection: Whenever planting areas are adjacent to parking lots or
drives, the planting areas shall be protected from damage by vehicles,
lubricants, or fuels.
(7) Planting Standards: All plant materials shall be installed in accordance with
the standards found in the latest edition of American Standards for Nursery
Stock, published by the American Association of Nurserymen. After
installation plat materials shall be mulched with a two-to-three-inch layer of
appropriate material.
(G) MATERIALS PERMITTED
The Zoning Administrator shall maintain a list of acceptable plant materials which may be used to satisfy the
requirements of this ordinance. If the applicant proposes a species which is not on the approved list, the
Zoning Administrator may approve the plant material so long as it is appropriate for the local climate and meets
the definition for the use for which it is intended
155.044 FENCES AND WALLS
In all zoning districts, excluding the UC – University – College District, fences and walls not over
four feet high may project in or may enclose any front yard; however, no fence may be constructed on or in a
public street right-of-way or within a sight triangle. Fences or walls up to six feet high may enclose side yards
and fences or walls up to eight feet high may enclose rear yards. Side yard enclosure may extend from the rear
corner of a principle structure to the front corner of the principle structure. Rear yard enclosure may extend
from the rear corner of a principle structure to the rear property line. The finished side of all fences and walls
shall face the common property line boundary.
In all residential zoning districts and in the C-1 Downtown – Commercial District, no person shall erect, maintain
or allow on any lot of the town any fence or wall carrying electrical current except that which encloses livestock
with 110-20-Volt A.C. low impedance fencer. Fences or walls shall not be constructed in whole or in part of
concertina wire, barbed wire, metal spikes, broken glass or any other material intended to inflict bodily injury. In
addition, in the C-1 Downtown-Commercial District chain link fencing is allowed as a special use with an
approved special use permit.
In all Industrial Zoning Districts, C-2, C-3, C-4 Commercial Districts, and the O&I Office and Industrial Zoning
District, no person shall, maintain or allow on any lot of the town any fence or wall carrying electrical current
except that which encloses livestock with 110-20-Volt A.C. low impedance fencer. Excluding telecommunication
tower regulations, fences or walls facing a public street shall not be constructed in whole or in part of concertina
wire, barbed wire, metal spikes, broken glass or any other material intended to inflict bodily injury. Fences and
walls not over four feet height may project in or may enclose any front yard; however, no fence may be
constructed on or in a public street right-of-way or within a sight triangle. Fences or walls up to eight feet high
may enclose side yards and fences or walls up to eight feet high may enclose rear yards. The finished side of
all fences and walls shall face the common property line boundary.
(Am.Ord.Passed 5-5-08)
DISTRICT REGULATIONS
155.055 ESTABLISHMENT OF DISTRICTS
For purpose of this chapter, the incorporated areas of Mount Olive, North Carolina and its extraterritorial
jurisdiction are hereby divided into the following districts and shown on the Official Zoning Map:
(Ord. passed 6-1-92)
155.056 AR – AGRICULTURAL – RESIDENTIAL DISTRICT.
The purpose of this district shall be to create an area in which agriculture and residential uses can be
compatibly mixed, to preserve and promote the rural character of the land, and to provide open space.
(A) Permitted Uses. Permitted uses are listed below:
(1) Accessory buildings and uses that are customary and incidental to the uses permitted in the district.
(2) Agriculture, including the sale and processing of products grown on the premises, but excluding
commercial animal confinement facilities.
(3) Cemeteries, church and family
(4) Churches, synagogues, and religious education buildings
(5) Dwelling, single-family
(6) Dwellings, two family
(7) Family care home, shall have a one-half (1/2) mile separation between family care homes
(8) Home occupations, in compliance with 155.080 and 155.081
(9) Parking required in conjunction with any permitted use
(10) Parks and recreation facilities, public
(11) Schools, public and private
(12) Signs, in compliance with 155.135 through 155.137
(13) Day care home, small, A small day care home is intended for the care of up to five children at any one
time, where no more than five of the children shall be pre-school age, and no more than three children shall be
of school age or older. Adult care is limited to 3 adults eighteen years old or older. Small day care home uses
shall be permitted as of right in any residential dwelling unit as a home occupation provided that:
(a) If an outdoor play area is provided, it shall be fenced with a solid (opaque) fence at least four feet high.
This requirement is not applicable for adult day care facilities and;
(b) If less than two off-street parking spaces are provided for the home, additional parking spaces shall be
provided to accommodate an assistant for the home, if any, as well as guests and residents.
(14) Child care center
(15) Farmers Market – fresh fruit, vegetables and perishable goods (A Zoning Permit is required)
(16) Road Side Stand – temporary selling fresh fruits, vegetables, other perishables (A Zoning Permit
is required)
(17) Yard Sales/Garage Sales: Three consecutive day maximum limit – display and sale by the owner
of the residence on the property and within a 30 day period only two yard sales are allowed and items for sale
shall not be displayed when the yard sale is not legally permitted. (A Zoning Permit is required)
(Am. Ord. passed 6-3-02, Am. Ord. passed 7-2-07, Am. Ord. passed 1-7-08)
(B) Dimensional Requirements
(1) Minimum Lot Area
(a) Single-family dwellings 20,000 square feet
(b) Two-family dwellings 30,000 square feet
(c) Mobile/manufactured home 20,000 square feet
(d) Non-residential use 40,000 square feet
(e) When septic tanks are used, the county health department may required larger lots, depending on
soil types and other lot characteristics.
(2) Minimum Lot Size
(a) Single-family dwellings (width) 100 feet
(b) Two-family dwellings (width) 125 feet
(c) Mobile/manufactured home (width) 100 feet
(d) Non-residential use (width) 125 feet
(3) Minimum Yards
(a) Residential
1. Front 30 feet
2. Rear 25 feet
3. Side 20 feet
(b) Non-residential
&