§ 138. Overlay Districts Established.

(a)

Five (5) special control overlay districts are hereby established: FHO (Flood Hazard Overlay), AHO (Airport Hazard Overlay), HO (Historic Overlay), WCA (Watershed Critical Area Overlay), and WPA (Watershed Protected Area Overlay). These special control overlay districts are intended to be superimposed over the underlying general zoning district, and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the applicable overlay district. In addition, the AO (Apartment Overlay) district is hereby established. This district is intended to be superimposed over certain property zoned RA-8, and authorizes such property to be developed as provided in subsection (f) of this section in addition to the purposes authorized within the RA-8 zoning district. The specific objectives of each of these overlay districts are explained in the remainder of this section.

(b)

The FHO district is established as an overlay district of all general zoning districts for the purpose of protecting people and property from the hazards of flooding. The flood hazard districts are further described in Part I of Article XVI of this ordinance.

(c)

The AHO district is established as an overlay district of all general zoning districts in the vicinity of the Tarboro-Edgecombe Airport. The purpose of the AHO is to protect the airport environs from encroachment of incompatible land uses which present hazards to users of the airport as well as to persons residing or working in the airport vicinity. The additional regulations imposed in the AHO are designed to place additional height restrictions on buildings and trees. The additional regulations governing land development in the AHO district are delineated in Section 167.

(d)

The HO district is established as an overlay district for all general zoning districts that contain structures or other facilities of historic significance. The purpose of the HO is to protect and conserve the heritage and character of the Tarboro community by providing for the preservation of designated historical areas within the planning jurisdiction. No new historic districts nor any change to the boundaries of any existing historic district shall be designated until the North Carolina Department of Cultural Resources shall have been given an opportunity, in accordance with Chapter 160A, Article 19, Part 3A of the North Carolina General Statutes, to make recommendations with respect to the establishment of such new district or change in the boundaries of an existing district. The additional regulations governing land development in the HO district are delineated in Section 168.

(e)

The watershed districts are established as overlay districts for all general zoning districts for the purpose of (i) protecting portions of the designated Tar River public water supply watershed from activities which could degrade water quality, (ii) reducing the volume of nutrients and other chemicals which could enter the water supply by reducing the amount of runoff which any given development will generate, (iii) minimizing land disturbances to reduce the amount of sediment entering the river, and (iv) providing for natural and engineered methods of managing stormwater. The watershed overlay districts consist of two separate districts: the Watershed Critical Area Overlay District (WCA) and the Watershed Protected Area Overlay District (WPA).

The WCA District consists of that part of the Tar River public water supply watershed designated by the N.C. Environmental Management Commission and located within the Town of Tarboro planning jurisdiction that is one-half (½) mile upstream from and draining to the town's Tar River water intake or to the ridge line of the watershed (whichever comes first). The WPA District consists of that part of the Tar River public water supply watershed designated by the N.C. Environmental Management Commission and located within the Town of Tarboro planning jurisdiction that is ten (10) miles upstream from and draining to the town's Tar River water intake or to the ridge line of the watershed (whichever comes first).

The boundaries of the areas included in the watershed overlay districts are delineated on the official zoning map, as defined in Section 142. Land use within a watershed district must comply with all of the requirements of both the underlying general zoning district and the applicable watershed overlay district. Supplementary watershed district standards are delineated in Section 180.9. The supplementary standards and requirements of Section 180.9, however, are applicable only to new development activities which require an erosion and sedimentation control plan in accordance with the rules established by the North Carolina Sedimentation Control Commission.

(f)

The AO district is established as an overlay district that may be superimposed over property zoned RA-8 where the Council concludes that such property is suitable for development for the full range of residential alternatives, including multifamily apartments, at the density allowable in the RA-6 district. Property that is zoned AO may be developed as authorized in the underlying RA-8 district. Such property may also be developed for any of the single-family, two-family, or multifamily residential purposes authorized in the RA-6 district, in accordance with the density regulations applicable to property zoned RA-6. Except as provided herein or in Section 169, all regulations applicable to the underlying RA-8 district shall apply to property zoned AO.

(Ord. No. 93-9, § 1, 6-7-93; Ord. No. 03-09, § 2, 3-10-03)