(a) Temporary uses.

(1) Purpose. It is the purpose of this section to recognize that there is a need for special allowances to be granted to certain temporary uses so that they may be permitted within the community. Because of the special problems related to temporary uses it is also necessary to provide specific, separate, and distinct guidelines and standards for them. It is the express intent of these provisions to minimize any potential adverse impact of such temporary uses by eliminating, to the greatest possible extent, any major problems, threats, or dangers to the public health, safety, or welfare as may exist with any or all of these temporary uses.

(2) Permitted temporary uses. Temporary uses shall be limited to a use or uses of land, buildings, or structures not intended to be of a permanent duration. Such uses shall be limited to the following:

a. Circuses and/or carnivals.
b. Evangelistic and religious events.
c. Outdoor bazaars, cookouts and/or similar activities by churches or other nonprofit institutions or organizations.
d. Open lot sales area for farm produce made or grown by the farm producer or immediate family.
e. Open lot sales area for Christmas trees or special fund raising sales for nonprofit organizations.
f. Contractors' offices and/or construction sheds including mobile offices for displacees or contractors during construction on the site.
g. Temporary real estate offices.
h. Temporary special sales or "flea" markets in commercial or industrial districts (occasional sidewalk or parking lot sales).
i. Yard sales conducted outdoors by a resident in their respective yard area.
j. Other temporary recreational or entertainment related events or activities such as fairs or concerts. Itinerant merchants, as defined by Chapter 8 of the Code of the City of Washington, shall not be considered a temporary use pursuant to this Section. Itinerant merchants shall be subject to the regulations and permit requirements of Chapter 8, rather than the requirements of this Article.

(3) Permit Required. Any person desiring to conduct a permitted temporary use, as defined in subsection (2) above, must first obtain a permit from the Department of Planning and Development. Such permit will establish the requirements for the particular uses set out in subsection (4) below.

a. Purpose. The purpose of this permit is to insure that a temporary use meets the requirements set out herein and to coordinate traffic, parking, and other inspections necessary to the safe and healthful operation of the event.
b. Application. Application for a temporary use permit shall be made to the Director of Planning and Development, on a form furnished by the Department of Planning and Development, at least five (5) working days prior to the start of the event.
c. Requirements for Permit Issuance. A temporary use permit shall not be issued until evidence is shown that the following requirements have been or will be complied with:

1. The temporary use is permitted under subsection (2) above.
2. Ample parking is provided for the temporary event, in addition to required parking for any permanent use or uses located at the event site.
3. Written authorization is given from the property owner or his agent for the event to take place.
4. Any event held outside of a building and within five hundred (500) feet of any residence shall cease operation by 10:00 p.m.
5. Noise shall be controlled so that no adjoining property owner or occupant is unduly disturbed by the event.

d. The following additional conditions or requirements shall apply for each permitted temporary use:

Use	Maximum duration per separate event per site	Maximum Frequency of event per person per site	Permitted districts
Circuses or carnivals	14 days/year	1 per year	I1
Evangelistic and religious events (held inside fire retardant tent only).	14 days	1 per 3 months	B1, B2, I1, I2
Outdoor bazaars	3 days	2 per year	All zones (see note)
Open lot farm produce sales; grown on-premises.	Annual renewal	None	All zones
Open lot farm produce sales; grown off-premises.	Annual renewal	None	All non-resident zones
Christmas tree sales	45 days	1 per year	All zones
Special fund-raising sales for non-profit organizations	3 days	1 per month	All zones
Construction offices during on-site construction	During construction period, annual renewal is required.	None	All zones
Temporary real estate office	1 year, annual renewal required	None	All res. zones
Fairs or other special recreational or entertainment events	1 day, except 14 days for annual events	1 per month for 1 day events; 1 per year for 14 day events	I1
Special sales or temporary "flea" markets	14 days	2 per year	B1, B2, I1, I2

Note: No temporary tents or similar structures are allowed in the primary fire district as identified in Section 4-5 of The Code of the City of Washington.

(b) Home occupations.

(1) Home occupations, as defined in Article II, may be permitted only under the following conditions:

a. Home occupations shall only be permitted in single-family dwelling units.
b. Home occupations shall constitute an accessory use to the principal use.
c. Home occupations shall not occupy more than one-third of the total area of the principal use dwelling, and in no event occupy more than five hundred (500) square feet of floor area.
d. Home occupations shall not employ more than one (1) person other than those persons legally residing within the principal use dwelling.
e. Home occupations shall not be visible from any public right-of-way or adjacent property line.
f. Home occupations shall not involve any outside storage of related materials, parts, or supplies.
g. Home occupations shall have signage in accordance with Article XVI, Signs.
h. Home occupations shall not create any hazard or nuisance to the occupants residing or working within the principal use dwelling or to area residents or properties.
i. Home occupations shall not involve any external structural alterations which are not customary in residential buildings.
j. The sale of articles produced elsewhere than within the dwelling shall not be permitted.
k. Home occupations shall not be permitted within accessory structures or buildings.

(2) Permit Required. Any person desiring to conduct a permitted home occupation, as defined in Section 27-13, must first obtain a permit from the Department of Planning and Development. Such permit will establish the requirements for the particular uses set out in subsection (1) above.

a. Purpose. The purpose of this permit is to insure that a home occupation meets the requirements set out herein.
b. Application. Application for a home occupation permit shall be made to the Director of Planning and Development, on a form furnished by the Department of Planning and Development.
c. Requirements for Permit Issuance. A home occupation permit shall not be issued until evidence is shown that the following requirements have been or will be complied with.

1. The home occupation meets the requirements of subsection (1) above.
2. Ample parking is provided for the home occupation, in addition to required parking for any permanent use or uses located at the site.
3. Noise shall be controlled so that no adjoining property owner or occupant is unduly disturbed by the home occupation.

(c) Schools, public and private.

(1) Shall be subject to the bufferyard regulations, however, no principal or accessory building shall be located within fifty (50) feet of any adjoining property or public street right-of-way line.

(2) The minimum lot size shall be three (3) acres.

(3) The bufferyard and lot size requirements shall not apply to schools in the B1H zone.

(4) In the B1H zone, student drop-off area shall be provided, with stacking arrangement for cars before the drop-off space. Traffic shall not be completely blocked in either direction by cars stacked for drop-off.

(d) Municipal government building or use (including police and fire stations, libraries, and public parks or athletic fields).

(1) When municipal buildings, parks, or other recreational areas to be used for athletic events or night programs are located in a residential zone or adjoining a lot containing a permitted residential use, a public hearing shall be properly advertised and conducted before the City Council for the purposes of hearing and considering any comments by the public as to the location under consideration.

(e) Family care home.

(1) No family care home shall be permitted within a one-half mile (2,640 feet) radius of an existing family care home as measured from the nearest lot line of the proposed family care home to the nearest lot line of an existing family care home.

(f) Bona fide farms.

(1) Buildings and structures shall meet the minimum standards for the applicable district. Bona fide farm buildings and structures located in a residential district shall meet applicable single-family dwelling standards.

(2) Agricultural cultivation shall be exempt from any required setbacks, provided no structures are required or utilized within the setbacks listed under subsection (1) above.

(3) Bufferyard vegetation standards shall not apply to any bona fide farm.

(g) Condominium (unit ownership) and townhouse type development.

(1) Attached residential and nonresidential units constructed for individual owner occupancy shall be subject to the following:

a. Interior units of each structure may be constructed on common property lines (zero (0) lot line setbacks) provided the overall structure meets the front, side, and rear setbacks for the applicable use and district. If there is an offset of the wall from the interior common lot line, such offset shall be set back not less than five (5) feet.
b. No two (2) units shall be considered attached unless such units share a common five (5) foot party wall.
c. Common party walls shall be constructed in accordance with the North Carolina State Building Code, G.S. Chapter 47C (North Carolina Condominium Act) and other applicable requirements.
d. The overall density of the development shall be no greater than that permitted by applicable district requirements.
e. The maximum lot coverage for the district shall apply to the development.
f. Buildings, units, or lots separated by a public street right-of-way shall be considered individually for compliance under subsections d. and e. above.
g. In the case of staggered or extended common property line walls, a five (5) foot maintenance and access easement with a maximum two (2) foot eave encroachment easement within the maintenance easement shall be established on either end of the building and shall insure ready access to both ends of the building wall for normal maintenance. The designated common area which provides such access shall meet the requirements of this section.
h. The minimum lot width of each townhouse lot shall be no less than sixteen (16) feet, provided that when the lot is combined with other contiguous lots within the development the combined lot widths are equal to or exceed the minimum lot width of the applicable district for the particular use.
i. All development regulated in accordance with this section shall be subject to the requirements, conditions, and restrictions of the subdivision regulations.

(h) Marinas. All marinas, as defined in Article II, located within the jurisdiction of this chapter, whether they be permitted uses, special uses, or otherwise, shall be subject to the following restrictions:

(1) Marinas shall be limited to one (1) per lot, regardless of the number of dwellings or commercial units located on such lot, and must comply in all respects with the standard and intent of the Coastal Area Management Act.

(2) Marinas shall not interfere with the access to any adjacent property and shall have a minimum setback of fifteen (15) feet from property lines. The minimum setback may be waived by the Board of Adjustment if the affected property owner(s) consent in writing to the waiver.

(3) Marinas shall provide pump out facilities. This requirement may be waived by the Director of Planning and Development if a marina will not accommodate boats with heads or wastewater storage tanks.

(4) All marinas shall provide off-street parking as follows:

a. If associated with residential or preexisting development, one-half space per slip/mooring, plus the spaces required by the associated development, as listed in Article XVII.
b. If associated with or developed as a business, according to the spaces required for marinas in Article XVII, in addition to any spaces required for the adjoining business.

(5) For the purposes of this section, the following definitions shall apply:

a. Basin means a facility for the harboring of boats, the construction of which involves the extraction of natural materials.
b. Dock means a wharf, pier, or platform containing spaces or slips designed for the docking of boats and accommodating boarding access to floating boats from one (1) or both sides of the boat.
c. Permanent mooring means a fixture in the river bottom such as mooring poles or buoys to which boats tie for locational stability.
d. Wet boat storage means facilities for holding unoccupied vessels in-water, including permanent moorings.

(i) Boarding and Rooming Houses. As defined in Article II, boarding and rooming houses must meet all of the following conditions:

(1) The total number of unrelated occupants, in addition to the resident family, to which space is let shall not exceed four (4) persons.

(2) The minimum lot size shall be nine thousand (9,000) square feet.

(3) No boarding or rooming house shall be located within a four hundred (400) foot radius of another boarding house or rooming house.

(4) One (1) parking space must be provided for each tenant, in addition to required spaces for the resident family.

(5) No more than two (2) required parking spaces may be located in the front yard; additional parking is to be located in the rear yard, and be no closer than five (5) feet to the property line. The five (5) foot buffer is to be used as a planting area for evergreen plant material to be located on three (3) foot centers to reach a height of at least four (4) feet in three (3) years.

(6) The driveway and the parking area is to be constructed with hard surface, all-weather material such as asphalt, concrete, brick, CABC, or any other approved material. Grass and bare earth material are not acceptable.

(7) The total amount of land devoted to structures and parking shall not exceed sixty (60) percent of the total lot area.

(8) The use shall be considered an accessory use within an owner-occupied, single-family dwelling.

(9) In the event a single-family dwelling has been converted to a rooming house or boarding house without prior approval from the City, the following procedures shall be followed:

a. The City will notify the owner of the violation.
b. Upon notification by the City, the owner will have six (6) months to be in compliance with the requirements or discontinue the use of the building.
c. If the owner disagrees with the ruling, they may appeal the decision to the Board of Adjustment.

(j) Agricultural Production (livestock), Animal Feeder/Breeder, Animal Services (livestock), Animal Services (other).

(1) Hog and poultry production is specifically prohibited.

(k) Minor Automobile Repair Services

(1) All wrecked or damaged motor vehicles and parts shall be screened by an opaque fence of uniform construction, a minimum of six (6) feet in height, and with a bufferyard of greater intensity as required by the bufferyard regulations so as not to be visible from adjoining property lines and street right-of-ways.

(2) All vehicles on the premises for repair shall be stored at the rear of the principal structure.

(3) No vehicle shall be stored on the premises for more than fifteen (15) days.

(4) There shall be no exterior storage of items other than vehicles. No vehicles shall be stored within ten (10) feet of any street right-of-way.

(5) There shall be no sale of vehicles.

(6) Rental or utility trailers, cars, and trucks shall be permitted as accessory uses provided that all units in excess of four (4) shall be screened from adjoining street right-of-ways and property lines by an opaque fence of uniform construction, a minimum of six (6) feet in height, and with a bufferyard of greater intensity as required by the bufferyard regulations.

(7) Outdoor displays of products such as tires, oil, wiper blades, or other similar products shall be permitted provided they are within ten (10) feet of the principal structure and outside required bufferyards. Signage displayed in conjunction with such display shall be in accordance with the sign regulations.

(8) All services except fuel sales and services related to fuel sales, such as window washing and oil checks, shall be performed within a completely enclosed building.

(l) Churches.

(1) Minimum lot requirement shall be sixty thousand (60,000) square feet.

(2) Not less than fifty percent (50%) of available parking must be provided on site.

(m) Noncommercial Parks and Recreational Facilities in the Airport Zoning Classification

(1) Minimum lot size shall be forty (40) acres.

(2) Minimum frontage adjacent to a dedicated and accepted street shall be five hundred (500) linear feet.

(3) Berms may be constructed parallel to street rights-of-way.

(4) Restroom facilities shall be installed and connected to municipal water and sewer lines.

(n) Manufactured Home Sales

(1) A site plan shall be submitted showing office building(s), accessory buildings, parking, general and service driveways, bufferyards (including landscaping), and the location and orientation of the mobile home display area.

(2) Setbacks for homes on display shall meet building setback requirements for the zone in which the lot is located.

(3) All display homes located adjacent to public streets shall be skirted.

(4) Bufferyard E shall be installed where side and rear lot lines are adjacent to classification I and II land uses or residentially zoned vacant land. Bufferyard D shall be installed where side and rear lot lines are adjacent to classification III, IV, or V land uses or non-residentially zoned vacant land. Along public streets, bufferyard A shall be installed, except no bufferyard width shall be less than six (6) feet.

a. Bufferyard width may not be reduced by using fencing option.
b. If the fencing option is used to reduce bufferyard vegetation, the fence shall face the adjoining property and the vegetation shall be installed along the outer perimeter of the fence. Acceptable fence materials include cedar, masonry, or pressure treated lumber resistant to rot.
c. Preference shall be given to trees or shrubs which grow to at least eight (8) feet tall.

(5) All mobile home sales businesses not in compliance with these standards shall become nonconforming in all districts as of the date of adoption of this Ordinance and shall be brought into compliance or removed within five (5) years after the date of adoption.

(o) Public School Maintenance Facilities in Residential Zoning Districts.

(1) Minimum lot size: twenty thousand (20,000) sq. ft.

(2) External peripheral yard setback: fifty (50) ft.

(3) The maintenance facility is allowed, provided the general offices of the Beaufort County School Board are located on the same parcel of land.

(4) Operation of the facility is Monday through Friday, 7:00 a.m. - 5:00 p.m., or when emergency situations arise, i.e. hurricanes/tornadoes.

(5) No outside storage of materials shall be permitted.

(p) Mixed Uses Development in an Industrial District.

(1) Conversion of existing buildings is allowed provided the property line is located in a local, state or national register of historic places or within two hundred (200) feet of a local historic district.

(2) All permitted and special uses listed in Section 27-43 of this Zoning Ordinance are allowed under the zoning districts classified I1 and I2. In addition, multifamily development is allowed provided the development standards for the industrial mix-use classification can be met, as provided in this Section.

(3) Development standards in the mix-use classification are subject to the following development standards:

a. Minimum lot area: one thousand (1,000) square feet per unit or eighteen thousand (18,000) square feet per lot.

b. Minimum lot width: seventy-five (75) feet.

c. Minimum side and rear yard setbacks are to be determined by the North Carolina State Building Code.

d. Minimum front yard setback: this distance is to be determined by the average of the existing structures located in the same block where the building is to be located.

e. Parking: Article XVIII, entitled "Parking" in this Zoning Ordinance shall apply. Parking for residential uses for this mix-use classification shall be one (1) off-street parking space for each bedroom.

f. Landscaping along street frontage is required. A combination of fencing, shrubs and trees shall be installed on the land. One (1) tree shall be installed per unit. Shrubs may be substituted for trees at a ratio of four (4) shrubs for each tree. Ground cover (plant material) may be substituted for grass.

g. The site plan shall be approved by the Planning Board prior to the building permit being issued. The site plan shall be prepared by a registered architect or engineer and drawn to scale. The site plan shall consist of the front, side and rear elevations of the building including landscaping and off-street parking.

(q) Automotive Parking Lots at Grade Level in the Residential Historic District.

(1) Vacant lots in residential districts cannot be used in connection or associated with commercial or industrial permitted or special uses.

(2) When parking lots are developed in conjunction with a permitted or special use in the Residential Historic District (RHD), screening material in the form of a berm, fencing, and landscaping shall be constructed in accordance with Article VII, Bufferyards, Landscaping Requirements.

(3) A front yard setback of ten (10) feet shall be created along the front of the parking lot and shall be maintained as open space planted with trees, shrubs, and ground cover.

(4) Driveways to the parking lot entrances and exits shall be constructed of concrete material along with curbing and guttering. The new curb section shall be constructed adjacent to the right-of-way line of the property.

(r) Light Industrial Uses in the B2, General Business District.

(1) Conversion of existing buildings in the B2, General Business District, are allowed for light industrial uses.

(2) All permitted and special uses listed under Section 27-43 of the Zoning Ordinance allowed under the Zoning District I2, Light Industrial District, are allowed for these converted existing buildings in the B2, General Business District.

(3) Developmental standards for light industrial uses in the B2, General Business District, are as follows:

a. Minimum lot area: 5 acres
b. Minimum lot width: 200 feet
c. Minimum front yard setback: 50 feet
d. Minimum side yard setback: 20 feet
e. Minimum corner lot setback: 25 feet
f. Minimum rear yard setback: 20 feet
g. Minimum square footage of an existing building: 30,000 square feet
h. Maximum height: 50 feet
i. All outside storage material shall be located at the rear of the principal building in an enclosed structure.
j. Bufferyards and landscaping requirements shall be met in accordance with Article VII of the Zoning Ordinance.
k. Parking requirements shall be met in accordance with Article XVII of the Zoning Ordinance.

(Ord. No. 98-3, 2-9-98; Ord. No. 99-1, 1-11-99; Ord. No. 99-2, 6-14-99; Ord. No. 99-13, 10-11-99; Ord. No. 00-3, 2-14-00; Ord. No. 00-14, 9-11-00; Ord. No. 01-4, 5-14-01; Ord. No. 01-14, 10-8-01; Ord. No. 02-23, 11-11-02)