A.

Use Table Structure.

1.

Table 18.4.1.G, Principal Use Table, lists principal use types and indicates for each zoning district whether the principal use type is permitted by right, as a special use, or prohibited. It also includes a reference to any specific standards that may apply to a particular use type.

2.

Use types are organized by one of four (4) different use classifications (residential, institutional, commercial, or industrial), and all the rows within a particular use classification have the same color.

3.

Within each use classification, use types are further organized by use category. See Section 18.4.2, Use Classifications, Categories, and Types, for more details on the use category organizing system.

B.

Uses Permitted By Right. A "P" in a cell of the principal use table indicates that the specific use type is permitted by right in the corresponding zoning district, subject to compliance with any additional standards referenced in the principal use table.

C.

Uses Requiring Special Use Review. An "S" in a cell of the principal use table indicates that the specific use type is permitted in the corresponding zoning district only upon approval of a special use permit in accordance with Section 18.2.4.R, Special Use Permit, and any additional standards referenced in the principal use table.

D.

Prohibited Uses.

1.

A "·" in a cell of the principal use table indicates that the specific use type is prohibited in the corresponding zoning district.

2.

The following principal uses are prohibited throughout the Town's zoning jurisdiction in all zoning districts:

a.

Hazardous materials handling;

b.

Off-premise signage, including outdoor advertising or billboards;

c.

Helicopter landing pads, or helicopter landings, except as part of an emergency;

d.

Shooting range (whether indoors or outdoors);

e.

Single-room occupancy dwelling units;

f.

Explosives and chemical manufacturing;

g.

Leather and leather products manufacturing involving tanning;

h.

Industrial uses (light and heavy) exceeding twenty thousand (20,000) square feet in floor area; and

i.

Slaughter or rendering of animals, excluding seafood products.

j.

Self-storage facilities.

E.

Additional Standards.

1.

When a specific use type is permitted in a zoning district, there may be additional standards that are applicable. Such additional standards are referenced in the principal use table column titled "Additional Standards." These standards shall apply to a specific use type regardless of the zoning district, unless otherwise specified.

2.

In addition, use types are also subject to any district standards listed in the applicable zoning district in Article 18-3: Zoning Districts.

F.

Unlisted Uses. For land uses not listed in Table 18.4.1.G, Principal Use Table, not listed as a part of a use category or use type, and not listed as a prohibited use in Section 18.4.1.D, Prohibited Uses, the UDO Administrator shall determine which use category or use type to which the land use belongs in accordance with Section 18.2.4.K, Interpretation.

G.

Principal Use Table. The principal use table sets out the range of principal uses in Atlantic Beach, the procedures where they are allowed, and the type of review approval necessary to establish the use.

(Ord. No. 18-08-01, 8-27-2018; Ord. No. 22-11-01, 11-21-22; Ord. No. 22-11-02, 11-21-22; Ord. No. 23-12-01, 12-18-2023; Ord. No. 24-02-01, 2-26-2024)

A.

Purpose. This section is intended to provide a systematic framework for identifying, describing, categorizing, consolidating, and distinguishing land uses to determine how a specific land use activity, or combination of activities, is to be considered when applying the principal use table and other provisions in this Ordinance.

B.

Organization of Uses. Section 18.4.2, Use Classifications, Categories, and Types, organizes principal uses by use classifications, use categories, and use types to provide a systematic basis for identifying, describing, categorizing, consolidating, and distinguishing land uses to determine whether a specific use is permitted in a particular zoning district.

1.

Use Classifications. The use classifications identify broad classifications of land use and include residential uses, institutional uses, commercial uses, and industrial uses. Use classifications are further broken down into a series of general "use categories" and specific "use types."

2.

Use Categories. The use categories describe the major sub-groups of the respective use classifications and are based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. For example, the Residential Use Classification is divided into the Household Living and Group Living use categories. Use categories are further broken down into a series of individual "use types."

3.

Use Types. The specific use types are included in the respective use category. They identify the specific principal uses that are considered to fall within characteristics identified in the use category. For example, single-family detached dwellings, duplex dwellings, multi-family dwellings, manufactured homes, and upper-story residential are use types in the Household Living use category.

4.

Developments with Multiple Principal Uses. When all principal uses of a development fall within one (1) use category, the entire development is assigned to that use category. When the principal uses of a development fall within different use categories, then each principal use is classified in the applicable use category and each use is subject to applicable regulations for that use category. Developments with multiple principal uses, such as shopping centers, shall incorporate only those use types allowed in the applicable zoning district.

5.

Table Organization. The characteristics use types, and exceptions of each of the use categories Table 18.4.1.G, Principal Use Table, are listed in the following tables. Table 18.4.2, Use Classification, below shows how the information is organized.

Table 18.4.3, Residential Use Classification, sets out the use categories and use types included in the residential use classification in Table 18.4.1.G, Principal Use Table. Table 18.4.3 describes the characteristics of the household living and group living categories and defines the use types included within each use category.

(Ord. No. 21-06-02, 6-28-21; Ord. No. 22-11-01, 11-21-22; Ord. No. 23-02-01, 2-27-23)

Table 18.4.4, Institutional Use Classification, sets out the use categories and use types included in the institutional use classification in Table 18.4.1.G, Principal Use Table. Table 18.4.4 describes the characteristics of the day care, education, government, health care, institutions, parks and open space, and utilities categories and defines the use types included within each use category.

Table 18.4.5, Commercial Use Classification, sets out the use categories and use types included in the commercial use classification in Table 18.4.1.G, Principal Use Table. Table 18.4.5 describes the characteristics of the adult entertainment, animal care, automotive, eating establishment, maritime, office, parking, personal services, recreation/entertainment, retail sales, and accommodations and defines the use types included within each use category.

(Ord. No. 24-02-01, 2-26-2024)

Table 18.4.6, Industrial Use Classification, sets out the use categories and use types included in the industrial use classification in Table 18.4.1.G, Principal Use Table. Table 18.4.6 describes the characteristics of industrial use category and defines the light industrial and heavy industrial use types.

(Ord. No. 22-11-02, 11-21-22)

A.

Residential Uses.

1.

Household Living.

a.

Duplex Dwellings.

i.

Restrictive covenants shall be recorded which contain provisions that bind and commit all owners to the joint maintenance and repair of the common structure; and any and all other building components that are shared to ensure their complete or partial replacement and reconstruction when damaged or destroyed by fire, flood, or other catastrophe.

ii.

Individual lots within duplex developments shall be exempt from the setback requirements of the zoning district, provided that the required setbacks are observed from all exterior property lines and any separation requirements of the NC Residential Code are met between structures. Lot area, width, depth and street frontage shall be measured from the parent parcel.

b.

Manufactured Home Parks.

i.

Design and Configuration. All manufactured home parks shall comply with the following design requirements:

a)

Minimum Park Area. A manufactured home park shall maintain a minimum area of at least one (1) acre.

b)

Minimum Setbacks for the Manufactured Home Park. The manufactured home park shall comply with all front, rear and side setback requirements of the zone in which the park is located.

c)

Minimum Setbacks for Individual Home Spaces. The minimum setbacks for a manufactured home space shall be as follows. The minimum setback lines shall be measured from the nearest portion of any manufactured home and the structural additions thereto (such as porches, patios, and steps), and accessory or outbuildings located within the boundaries of the manufactured home space.

i)

Minimum front yard setback: Ten (10) feet.

ii)

Minimum side yard setback: Five (5) feet.

iii)

Minimum rear yard setback: Five (5) feet.

d)

Minimum Spacing between Homes. Manufactured homes in manufactured home parks existing as of February 22, 2000, shall be spaced so as to comply with the following minimum requirements:

i)

At least eight (8) feet of separation between the walls of separate manufactured homes, or their accessory structures, measured side to side, end to side, and structure to structure; however, accessory structures to a manufactured home composed of non-combustible material (i.e., concrete steps, etc.) may be separated from other manufactured homes or their accessory structures by a minimum of six (6) feet.

e)

Driveways, Access Roads, and Parking. Manufactured homes shall comply with the following roadway and parking standards:

i)

Minimum interior street right-of-way: Twenty-two (22) feet.

ii)

Minimum parking spaces per manufactured home: Two (2) off-street parking spaces per manufactured home space.

iii)

Parking space configuration: At least nine (9) feet by eighteen (18) feet each.

iv)

All parking spaces shall be within the manufactured home space for which the parking is provided.

v)

All accessory buildings or outbuildings shall be located upon the manufactured home space so as to not protrude past that portion of the manufactured home which is nearest the public street or access street to said manufactured home and shall not be located within that portion of the yard which would commonly be referred to as the front yard.

f)

Fire Standards. All manufactured home parks and manufactured homes located within manufactured home parks must comply with the National Fire Code Standard for Fire Safety Criteria for Mobile Home Installations, Sites, and Communities (NFPA 501A).

g)

Maximum Lot Coverage. The amount of land coverage of manufactured homes accessory buildings and non-pervious material such as, but not limited to, concrete and asphalt paving shall not exceed forty (40) percent of the total area of the manufactured home park.

h)

Water Supply, Sewerage, Electricity, Lighting, Solid Waste Collection, and Drainage.

i)

Each manufactured home space within the manufactured home park shall be connected to an approved water and sewer facility. Such connections and facilities shall be approved by the appropriate local or state agency as required.

ii)

All electrical wiring in a manufactured home park shall be installed in accordance with the National Electrical Code in effect at the time of the installation and shall be approved only by the electrical inspector of the Town.

iii)

Electrical distribution lines shall be installed underground.

iv)

The point of electrical connection for a manufactured home shall be within an area of the manufactured home stand and approximately forty (40) feet from the front of the manufactured home and approximately four (4) feet from either side of the manufactured home. Where other utilities and fixtures prevent the location of electrical connections in accordance with these standards, then electrical connections shall be made with due regard to uniformity, safety, and convenience.

v)

Adequate exterior lighting shall be provided for all streets.

vi)

Solid waste collections will be made in accordance with the Town collection policies. All solid waste containers shall be rodent proof and waterproof and shall have a tight fitting lid.

vii)

Manufactured home parks shall be kept free of all trash, cans, jars, buckets, old tires, junk automobiles, and other items that may hold water and provide breeding places for mosquitoes and homes for rodents.

viii)

All manufactured home parks shall provide an adequate storm drainage system to provide for proper runoff of stormwater. At no time shall a drainage system be constructed so as to permit the freestanding of water; however, this shall not prohibit dry ponds as a method of control of drain water if approved by the appropriate agency having jurisdiction.

i)

Manufactured Home Stands and Anchors.

i)

All manufactured homes shall be secured to the ground in conformity with all State or Town codes relating to wind or weather.

ii)

The manufactured home space shall be improved so as to provide an adequate area for placement and anchoring of a manufactured home; thereby securing the structure against uplift, sliding, rotating, and/or overturning during high winds.

iii)

The manufactured home may be placed upon a foundation constructed of concrete.

iv)

The anchors used to secure and tie down manufactured homes shall be four (4) feet long with six-inch screws or such other size as subsequently required by applicable wind or building codes.

j)

Structural Additions.

i)

No structural additions may be added to a manufactured home within a manufactured home park until a building permit has been obtained from the Town. All structural additions shall comply and conform to the State Building Code.

ii)

All structural additions shall be removed within thirty (30) days after the subject manufactured home is moved, unless attached to another manufactured home on the same site within that thirty-day period.

ii.

Operating Standards. The following operating standards shall be conditions to any special use permit to operate a manufactured home park and as such must be maintained in order to qualify for a permit renewal.

a)

Manufactured Home Sales in Manufactured Home Parks. It shall be unlawful to conduct on a commercial basis the sale of manufactured homes or travel trailers within a manufactured home park.

b)

Manufactured Home Equipment. Each manufactured home shall have a flush toilet, lavatory, bathtub or shower, cooking facilities and electric wiring and shall be required to connect with the utilities provided at each manufactured home space.

c)

Solid Waste Disposal. All garbage and solid waste in every manufactured home park shall be stored in a suitable dumpster which shall be kept covered with closely fitting covers. The size and type of all garbage receptacles shall be in conformance with Town standards. No person shall throw or leave garbage or solid waste upon the ground of any manufactured home park. It shall be the duty of the manufactured home park operator to make certain that all garbage and solid waste is regularly disposed of in a sanitary manner.

d)

Health Regulations. All applicable health regulations shall apply to manufactured home parks within the jurisdiction of the Town except where such regulations are in conflict with the provisions of this section, in which case the more restrictive provisions shall apply.

e)

Tiedowns. The owner of the manufactured home park shall be responsible to see that each manufactured home parked within the manufactured home park is properly tied down.

f)

Fire Prevention and Detection. In addition to many fire prevention regulations of the Town, the following shall apply:

i)

The operator of a manufactured home park is responsible for informing each park resident of the location of the nearest alarm box if any, the location of an accessible telephone and the telephone number to be used to report fires, and procedures to be followed in case of a fire.

ii)

The park owner shall install a fire extinguisher labeled as suitable for Class A, B, and C fires and a type approved by the Fire Department in each building open to the public and in the park office. The park staff shall be instructed in the proper use of any fire protection equipment available in the park and their specific duties in the event of fire shall be defined.

iii)

The park owner or operator shall maintain the park area free of rubbish, dry brush, leaves, weeds, and any other materials which might communicate fires between manufactured homes and other buildings.

iv)

Empty liquefied petroleum gas containers and other objects and materials not approved by the Fire Department shall not be stored under manufactured homes.

v)

The manufactured home park owner shall be responsible for payment of any applicable fee if the Fire Department is called upon.

c.

Multi-Family.

i.

Multi-family developments of three (3) or more dwelling units shall provide on-site private common open space in amount equivalent to two hundred (200) square feet per dwelling unit, subject to the following standards:

a)

Common Open Space Distinguished. Private common open space shall be organized into active recreation features and passive recreation features.

b)

Amount Required. Multi-family development subject to this section shall ensure that at least fifty (50) percent of the square footage devoted to private common open space is devoted to active recreation features. Nothing shall prohibit the provision of more than fifty (50) percent of the required private common open space as active recreation areas.

c)

Active Recreation Features. The following elements are considered as active recreation features:

a)

Club houses;

b)

Swimming pools and interactive water features (e.g. "splash pads");

c)

Spas and fitness centers;

d)

Athletic courts, fields, or tracks; and

e)

Playgrounds.

d)

Passive Recreation Features. The following elements are considered as passive recreation features, and are not considered as active recreation features:

a)

Walking trails, boardwalks, pathways, and greenways;

b)

Greens and grassy areas (including septic drain fields and reserve areas);

c)

Picnic and seating areas; and

d)

Plazas and gathering spaces.

e)

Features Not Counted As Open Space. The following features shall not be credited towards open space requirements:

a)

Private yards on other lots;

b)

Required yards located between lot lines and setback boundaries;

c)

Public or private street right-of-way or common area;

d)

Parking areas, including overflow parking areas;

e)

Required landscaping areas;

f)

Stormwater management devices or areas;

g)

Outdoor storage areas; or

h)

Land covered by buildings not devoted to recreational purposes.

f)

Private Common Open Space Configuration.

a)

At least seventy-five (75) percent of active recreation areas shall be located in one (1) contiguous area.

b)

Open space areas shall be accessible by residents and users of the development by means of a street or a five-foot-wide all-weather walkway located within an easement of at least ten (10) feet in width.

ii.

Setbacks shall be observed along the exterior property lines of the overall development site, provided that any separation requirements of the NC Building Code are met between structures. Lot area, width, depth and street frontage shall be measured from the parent parcel.

d.

Townhouses.

i.

Individual lots within townhouse developments shall be exempt from the setback requirements of the zoning district, provided that the required setbacks are observed from all exterior property lines and any separation requirements of the NC Building or Residential Codes are met between structures. Lot area, width, depth and street frontage shall be measured from the parent parcel.

2.

Group Living.

a.

Group Home. A group home shall not be located within one thousand (1,000) linear feet of an existing group home.

B.

Institutional Uses.

1.

Day Care.

a.

Child Day Care Centers. Child day care centers shall comply with the following standards:

i.

Licensing. A child care facility shall be licensed by the Carteret County Health Department and the NC Division of Child Development.

ii.

Vehicle Circulation. In addition to the requirements of Section 18.5.3, Off-Street Parking and Loading, an applicant for a child care center shall provide a vehicular circulation plan showing on-site queuing and circulation based upon the location and number of patrons that utilize the facility.

iii.

Recreational Facilities. Outdoor recreational facilities shall be located in the rear yard.

iv.

Landscaping. The use shall provide at least one (1) shade tree per one thousand (1,000) square feet of outdoor play or activity area in addition to all other forms of required landscaping.

v.

Setbacks from Residential. All stationary play equipment, dumpsters, garbage cans, or recycling bins, and similar equipment shall be located at least twenty (20) feet from any abutting residential lot line.

vi.

Hours of Operation. Child care centers adjacent to residential areas shall not operate between the hours of 7:00 p.m. and 6:00 a.m.

2.

Health Care.

a.

Nursing Homes. A nursing home shall be subject to the following standards:

i.

No building shall be located closer than forty (40) feet to any lot line which abuts a residential district.

ii.

The use shall provide a Type D perimeter buffer adjacent to all lot lines abutting a residential use.

iii.

There shall be at a minimum fifty (50) feet of road frontage.

iv.

Adequate provisions shall be made for service vehicles with access to the building at a side or rear entrance, and without backing onto rights-of-way to exit the development.

v.

All structures shall be built to a residential scale consistent with the surrounding neighborhood.

3.

Institutions.

a.

Places of Worship. Places of worship shall be subject to the following standards:

i.

There shall be at a minimum fifty (50) feet of road frontage.

ii.

The proposed parking facilities shall be set back at least twenty-five (25) feet from adjacent residential uses.

iii.

Off-street parking areas shall be surfaced and maintained to provide a durable, dust-free surface and shall provide adequate drainage facilities for disposal of all collected surface water. Surfacing materials may include pavement, gravel, wood chips, pervious paving materials, or grass.

b.

Youth Centers. Youth centers shall be subject to the following standards:

i.

The applicant shall be required to submit documentation proving that the management of the establishment shall be a true non-profit community, charitable, or religious organization, and that the center will have as its sole purpose the positive development of adolescents and teenagers.

ii.

The applicant shall further submit a written plan describing in detail the proposed activities of adolescents and teenage persons frequenting the center. The plan shall further describe in detail the adult supervision, the hours of operation, and structured activities that are to be conducted on the premises.

iii.

The following criteria shall apply in addition to any other applicable review criteria associated with establishing or modifying a youth center use:

a)

Proposes controlled and properly supervised activities intended solely for adolescents and teenaged persons;

b)

That adult supervision will be provided during all hours of operation on a consistent and regular basis;

c)

That the management will in fact be a non-profit community, charitable, or religious organization; and

d)

That the other requirements of the Ordinance are found to exist.

4.

Utilities.

a.

Equipment Cabinets. All equipment cabinets shall be completely screened within residential districts.

b.

Lift Stations. All lift stations shall be completely screened within residential districts.

c.

Wastewater Treatment Facilities. Wastewater treatment facilities and wastewater treatment collection system(s) serving uses shall be subject to the following standards:

i.

The wastewater treatment facility and wastewater treatment collection system is in compliance with all federal, state, and local requirements.

ii.

The above-ground portions of the wastewater treatment facility, wastewater treatment collection system, and accessory uses shall be screened by structure(s) designed to:

a)

Be architecturally consistent with the character of the surrounding community;

b)

Minimize the impact of any outdoor storage, temporary or permanent; and

c)

A solid fence may be required upon determination by the UDO Administrator.

d.

Telephone Switching Stations. Telephone switching stations shall be subject to the following standards:

i.

The building shall be designed to fit in with the aesthetic character of the surrounding area.

ii.

No outside storage of materials shall be permitted.

iii.

All service equipment shall be enclosed within the utility building.

iv.

Any exterior generators or emergency power sources shall be muffled or enclosed within a cabinet to lessen the effects of possible noise pollution.

e.

Wireless Telecommunication Towers and Facilities.

i.

Purpose. This section is intended to establish general standards for the siting of wireless communications facilities that will:

a)

Protect residential areas and uses from potential adverse impacts of towers and antennas;

b)

Encourage the location of new towers in nonresidential areas;

c)

Minimize the total number of new towers throughout the Town;

d)

Foster the joint use of new and existing tower sites and the establishment of stealth towers as primary options rather than construction of additional single-use towers;

e)

Encourage the location of towers and antennas in areas where the adverse impact on the community is minimal;

f)

Encourage towers and antennas to be carefully sited, designed, and screened to minimize their adverse visual impact;

g)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

h)

Consider the public health and safety concerns of communication towers and antennas; and

i)

Encourage the use of engineering and careful siting of tower structures to avoid potential damage to adjacent properties from tower failure.

ii.

Applicability. A new wireless communications facility, whether a principal or accessory use, shall comply with the standards of this subsection, unless specifically exempted in accordance with Section 18.4.7.B.4.e.iii, Exemptions.

iii.

Exemptions. The following shall be exempt from the standards of this subsection (but shall be required to comply with other relevant standards in this Ordinance):

a)

Satellite dish antennas.

b)

Receive-only television or radio antennas for noncommercial use.

c)

Antennas legally operated by FCC-licensed amateur radio operators.

d)

Emergency communication towers owned by the Town or other public agency that are used wholly or in part for public safety or emergency communication purposes.

f.

Major Wireless Communications Facility. A major wireless communications facility, whether a principal or accessory use, shall comply with the following standards:

i.

Collocation Required.

a)

A major wireless communications facility shall not be allowed unless it is demonstrated no suitable existing major wireless communications facility, building, or other structure within the coverage area is available for the collocation of antennas.

b)

If allowed, a new major wireless communications facility shall be designed to accommodate the present and future needs of the owner and at least two (2) comparable users. Unused space on an existing major wireless communications facility shall be made available to other users at a fair market rental rate unless mechanical, structural, or regulatory factors prevent collocation. In determining a fair market rental rate, the rent paid by a current collocator under a swapping agreement need not be considered.

ii.

Replacement of Major Wireless Communications Facilities to Expand Collocation. An existing major wireless communications facility may be replaced with a new facility that increases the number of collocation opportunities, subject to the following standards:

a)

The height of the replacement facility shall not exceed the greater of twenty (20) feet or one hundred twenty-five (125) percent of the height of the original facility.

b)

The replacement facility shall be located within one hundred (100) feet of the replaced facility, unless the UDO Administrator determines that a farther distance from the existing facility is more appropriate.

c)

The replacement facility complies with all the standards of this subsection.

iii.

Height. The height of a telecommunications tower, including any building or structure atop which they tower is located, shall not exceed two hundred (200) feet.

iv.

Setbacks. A telecommunications tower shall be set back from abutting property lines a distance equivalent to:

a)

The overall height of the tower and all appurtenances; or

b)

The minimum distance necessary to ensure the tower will remain on its site, following collapse, as certified by a licensed professional engineer.

v.

Aesthetics.

a)

A telecommunications tower shall:

i)

Either maintain a galvanized steel finish or be painted.

ii)

Be camouflaged with the surrounding area, through paint, incorporation into architectural design/structure, or other means, to the maximum extent practicable.

b)

The exterior appearance of ground-based accessory structures located in a residential district shall be designed to look like a residential structure typical of the district (e.g., with a pitched roof and frame or brick siding).

vi.

Lighting. If lighting is required by the FAA, it shall comply with FAA standards. To the extent allowed by the FAA, strobe lights shall not be used for nighttime lighting. Lighting shall be oriented so as not to project directly onto any land in a residential district.

vii.

Buffer and Screening. A Type D perimeter buffer shall be provided around the perimeter of a major wireless communications facility (including equipment structures and guy anchor supports).

viii.

Security Fencing. A tower, guy anchor supports, and ground-based equipment buildings shall be enclosed by security fencing not less than eight (8) feet in height.

ix.

Interference. A major wireless communications facility, antenna, or supporting equipment shall not disturb or diminish radio or television or similar reception on adjoining land in a residential district.

x.

Use of Associated Buildings. Building and structures associated with a major wireless communications facility shall not be used as a place of work for a worker. (It is not the intent of this provision to prevent the periodic maintenance, inspection, and monitoring of equipment and instruments, or renovation of the facility.)

xi.

No Outdoor Storage. An outdoor storage area shall not be allowed on a major wireless communications facility site.

xii.

Safety. A tower shall comply with all applicable local, State, and Federal building codes and structural standards.

xiii.

Compliance with State or Federal Laws and Regulations. A major wireless communications facility and antennas shall comply with or exceed current standards and regulations of the FAA, the Federal Communications Commission (FCC), and any other agency of the State or Federal government that regulates telecommunications facilities.

xiv.

Discontinued Use. If a major wireless communications facility is not used for a period of six (6) consecutive months, the UDO Administrator may send the owner notice indicating the facility shall be removed within ninety (90) days from the date of notice.

xv.

Nonconforming Major Wireless Communications Facility. A nonconforming major wireless communications facility shall be allowed to remain and be maintained in accordance with the standards in Article 18-8: Nonconformities. Additional equipment may be added to the facility provided that such additions do not increase the degree of nonconformity. Nothing shall limit the ability to increase the facility's height as part of a proposed collocation of additional antennas.

g.

Minor Wireless Telecommunications Facilities. A minor wireless communications facility, whether a principal or accessory use, shall comply with the following standards:

i.

Collocation of Antennas on Wireless Communications Facilities. An antenna may be collocated on an existing wireless communications facility if it complies with the following standards:

a)

Any modification of an existing wireless communications facility or other vertical projection to accommodate the collocation of additional antenna does not result in the increase in the height of the structure by twenty (20) feet.

b)

The antenna and its associated equipment comply with the safety, lighting, interference, and regulatory compliance standards for a telecommunications tower in this subsection.

ii.

Collocation of Antennas on an Existing Building or Other Vertical Projection. An antenna may be attached to a business or multi-family residential building or other vertical projection in accordance with the following standards:

a)

Height. The antenna shall not extend over twenty (20) percent of the highest point of the building or projection on which it is located.

b)

Other Standards. An antenna and associated equipment shall comply with the safety, lighting, interference, and regulatory compliance standards for a telecommunications tower included in this subsection.

c)

Screening.

i)

An antenna visible from the street shall be omni-directional, screened, or camouflaged, to the maximum extent practicable, to minimize its appearance.

ii)

Equipment shall be located within the building or screened in some other fashion to prevent off-site views.

h.

Stealth Wireless Communications Facility. A stealth wireless communications facility shall be designed and located to complement the surrounding landscape in accordance with the following standards:

i.

Design. A stealth wireless communications facility shall take an alternative form than a typical wireless communications facility, including but not limited to: Bell towers, clock towers, water towers, light standards, chimneys, steeples, evergreen trees, flag poles, or similar projections.

ii.

Setbacks. A stealth wireless communications facility shall comply with the district dimensional standards. The tower portion of the facility shall be set back the height of the tower from existing single-family dwellings.

iii.

Ground-based Equipment. Ground based equipment shall be designed, located, and camouflaged in a manner compatible with the tower-based portion of the facility. Equipment shall be located within a structure or building, to the maximum extent practicable.

iv.

Collocation not Required. A stealth wireless communication facility is not required to be engineered for additional carrier's equipment.

v.

Antennas and Cables must be Concealed. Antennas, cables, and related appurtenances shall be concealed from off-site views.

C.

Commercial Uses.

1.

Adult Entertainment. Subject to other regulations outlined within this section and in accordance with the regulations outlined within Chapter 9, Article VII of the Town of Atlantic Beach Code of Ordinances:

a.

Adult oriented businesses shall not be located in a building or on a premises where alcohol or alcoholic beverages are sold or in a building or on a premises that allows alcohol or alcoholic beverages to be consumed.

b.

Signs are allowed, as permitted by the article, but may not include promotional displays, flashing lights, or photographs, silhouettes, drawings, or pictorial representations of any manner depicting sexual activity, themes, or nudity.

c.

The facade of the proposed operation shall be screened in a manner that obscures visibility of the interior to pedestrians and/or automobile traffic.

2.

Automotive.

a.

Car Washes. Car washes shall comply with the following standards:

i.

No storage, repair, or sales of vehicles shall be allowed on the site.

ii.

Provisions shall be made for an on-site drainage system to capture water used to wash vehicles; or provide connections to an approved sanitary sewer system.

iii.

Vehicle stacking shall be provided as required by Section 18.5.3, Off-Street Parking and Loading.

3.

Eating Establishment.

a.

Restaurants with a Drive-Through. Restaurants with a drive-through must comply with the standards in Section 18.4.8.D.4, Drive-Up and Drive-Through Facilities.

4.

Taverns, Bars, and Night Clubs. Taverns, bars, and night clubs shall comply with the following standards:

a.

The applicant must prove they have taken measures to not be injurious to adjoining property, including, but not limited to:

i.

Controlling and shielding of all lighting so as not to cast undue glare and light onto neighboring properties.

ii.

Controlling of all elements that produce noise, so as not to create nuisance conditions off-site.

iii.

Controlling and shielding of parking, ingress and egress, so as not to create a nuisance off-site.

iv.

Controlling and shielding of trash receptacles, so as not to create a nuisance off-site.

b.

It shall be the responsibility of the applicant to prevent its patrons from causing a disturbance on public or private property in the vicinity of the applicant's establishment.

c.

Live entertainment shall be permitted in bars, taverns and nightclubs. Except within the MHI district, live entertainment is permitted outdoors when associated with a tavern, bar, or nightclub. Within the MHI district, outside entertainment shall be permitted only with proper event permits from the Town.

d.

If the building is pre-existing, repairs may not exceed fifty (50) percent of the value of the building as listed with the Carteret County Tax Office. If the building is new, it must meet the current requirements of the district where it is located.

e.

All associated permits from applicable federal, state and local agencies must be submitted in conjunction with the site plan application. An exception may be granted by the UDO Administrator if Town approval is required for any such permits prior to issuance.

f.

An alcoholic beverage license issued by the State of North Carolina is required for establishments intending to serve alcohol.

5.

Maritime.

a.

Marinas.

i.

Authority and Jurisdiction.

a)

In order to promote the health, safety, morals, and general welfare of the community and pursuant to the provisions of G.S. 160D-702 et seq., the following provisions shall govern marinas within the Town.

b)

Wet slips existing as an accessory to a single-family residential home or a duplex dwelling shall be regulated by the Coastal Area Management Act and shall not be subjected to these standards.

c)

Newly constructed marinas or marinas wishing to expand the number of boat slips or make improvements over fifty (50) percent are subject to these provisions.

ii.

Parking. Parking for marina customers shall be provided for the various classes of marinas as follows:

a)

Class A Marina. Parking must be provided to accommodate the underlying commercial use as outlined in Section 18.5.3, Off-Street Parking and Loading. An additional one-half (½) parking space per boat slip shall be required on the property.

b)

Class B Marina. In a Class B Marina boat slips are associated with the dwelling unit or mobile home and no additional parking is required outside of the requirements set forth is applicable articles for those uses.

c)

Class C Marina.

i)

Parking areas to accommodate marina users and employees shall adhere to design requirements set forth in this article.

ii)

There shall be provided one (1) parking space for each employee on the largest shift.

iii)

If the marina has a launching ramp, there shall be a minimum of two (2) boat trailer spaces. A boat trailer space shall be a minimum of twelve (12) feet by thirty-eight (38) feet with such space having access so that the vehicle pulling the trailer and the trailer will have sufficient space to park and maneuver in and out of such spaces.

iv)

There shall be one (1) automobile parking space for each slip or space in the water available for storing or keeping boats.

v)

Additionally, there shall be provided one (1) parking space for each five hundred (500) square feet of floor space for accessory, retail or repair buildings located on the premises.

vi)

Street or highway rights-of-way shall not be used for the storage of boats, trailers or automobiles.

vii)

Off-site parking may be used when approved by the Planning Board in its review process.

iii.

Pollution Control. Each marina shall comply with all regulations of the federal and state governments concerning pollution control including but not limited to applicable regulations of the Coastal Area Management Act, State and County health regulations.

iv.

Dock Construction. Docks, wharves, bulkheads, piers, and boat slips shall be constructed in accordance with Volume I of the State Building Code and shall comply with all federal and state regulations concerning types of material and location of dock, piers, and piling.

v.

Liveaboards. In no instance shall a marina or associated mooring buoys of any class include boats used as a permanent residence.

vi.

Dry Storage. Dry storage of boats and boat related facilities shall be in accordance with the standards in Section 18.4.7.D.1.a, Storage Facility, Self-Service.

6.

Office.

a.

Medical and Dental Care. A medical or dental clinic shall comply with the following standards:

i.

Permitted Activities. Except for medical emergency purposes, overnight facilities for patient care are prohibited.

7.

Personal Services.

a.

Dry Cleaners. Dry-cleaning establishments with a drive-through must comply with the standards in Section 18.4.8.D.4, Drive-Up and Drive-Through Facilities.

b.

Financial Services and Banks. Financial services or banks with a drive-through must comply with the standards in Section 18.4.8.D.4, Drive-Up and Drive-Through Facilities.

8.

Recreation and Entertainment.

a.

Amusement Centers. Amusement parks and rides, including accessory uses, are subject to the following conditions:

i.

The use will be an enhancement to the character and sense of place of the Town, as determined by the decision-making body deciding the application.

ii.

The use has taken measures to not be injurious to adjoining property, including, but not limited to:

a)

Limiting the hours of operation;

b)

Limiting the heights of amusement ride structures;

c)

Controlling and shielding of all lighting so as not to cast undue glare onto adjoining residential uses;

d)

Controlling of all elements that produce noise, so as not to create nuisance conditions off-site; and

e)

Any addition provisions identified during review of the application.

b.

Event Venue. Event venues shall be operated in accordance with the following standards:

i.

Setbacks. Outdoor activity areas shall be set back from lot lines shared with a residential use by an amount at least twice the minimum rear setback for the district where the use is located.

ii.

Maximum Number of Guests. The maximum number of guests shall be in accordance with the maximum occupancy established for the principal structure and associated venue use area (grounds) as determined by the Fire Marshal or Fire Chief.

iii.

Hours of Operation. Outdoor activities shall not take place between the hours of midnight and 7:00 a.m.

iv.

Lighting. Exterior lighting shall not project into adjoining residential lots. Use of stadium-style or other pole-mounted lighting is prohibited. Lighting of accessible paths may be provided, if necessary.

v.

Noise. The event venue must comply with noise restrictions in Chapter 11, Nuisances, of the Town Code.

vi.

Parking. Parking shall be provided in accordance with Section 18.5.3, Off-Street Parking and Loading.

a)

In cases where off-site parking is employed, and in the absence of pedestrian accessways, the event venue shall provide a means of transport to the off-site location via shuttle or other approved service.

b)

The venue shall ensure guests may access the venue safely from off-site parking areas.

c)

In no instance shall vehicles be parked along streets in ways that block driveways, sight triangles, or emergency access.

vii.

Trash and Debris. The event venue shall provide sufficient on-site trash receptacles and shall ensure that windblown trash or other debris does not accumulate anywhere on the site.

viii.

Outdoor Activity. Event venue uses shall demarcate the boundaries of the event venue site for guests and shall include fences, walls, or other techniques such as landscaping to ensure guests to do not inadvertently trespass on adjacent lots.

ix.

Emergency Access. Event venues shall ensure adequate ingress and egress from all buildings and structures to accommodate emergencies.

x.

Accessory Accommodations. An event venue may provide up to four (4) accessory apartments on-site, whether within the principal or accessory structures, for use by guests renting the establishment. Accessory accommodations shall meet the requirements in Section 18.4.8.D.1, Accessory Dwelling Unit.

9.

Retail.

a.

Convenience Stores. Convenience stores shall comply with the following standards:

i.

Additional Principal Uses. A convenience store may offer an additional principal use, such as an eating establishment or fuel sales. A convenience store with two (2) or more principal uses shall comply with the standards for all of these uses.

ii.

Maximum Gross Floor Area. A convenience store, including additional principal uses, shall not exceed four thousand (4,000) square feet of total floor area.

iii.

Parking for Additional Principal Uses. Parking for additional principal uses shall be calculated separately to determine the total number of required parking spaces.

b.

Farmer's Markets. Farmer's markets for general sale of fresh seasonal products shall be located in a lawfully established permanent structure and shall be limited in their hours of operation and duration of time. These uses may only be established through the special use permit process (see Section 18.2.4.R, Special Use Permit).

c.

Fuel Sales. Fuel sales shall comply with the following standards:

i.

Location of Fuel Pump Islands. Pump islands shall be a minimum of twenty-five (25) feet from any road right-of-way line, ten (10) feet from any other lot line, and twelve (12) feet from any principal building. Canopies over the pump islands may be located within ten (10) feet of a lot line.

ii.

Location of Fuel Tanks. Gasoline and fuel storage tanks shall be located a minimum of twenty (20) feet from any lot line or building.

d.

Pharmacies. Pharmacies with a drive-through must comply with the standards in Section 18.4.8.D.4, Drive-Up and Drive-Through Facilities.

10.

Visitor Accommodations.

a.

Hotels, Motels, Inns, Condominium Hotels/Condotels.

i.

Site Area Requirements. The land area necessary for the development of a hotel, motel, inn, or similar development shall be no less than one (1) acre. Such developments shall be on a single parcel, undivided by public or private streets or rights-of-way, property lines, etc.

ii.

Setback. Minimum setbacks for hotels, motels, inns, or condotels shall be in accordance with Table 18.4.7.C.10.a.ii, Accommodation Setbacks:

iii.

Density/Maximum Lot Coverage. The maximum number of allowed units for a hotel, motel, inn, condotel, or similar development shall not exceed forty (40) units per acre.

iv.

Height. The maximum height of structures within a hotel, motel, inn, condotel, or similar development shall be limited to fifty-five (55) feet.

v.

Recreational Area. Any development designed to operate as a hotel, motel, inn, condotel, or similar development shall be required to provide outdoor recreational amenities within the development site area equivalent to a minimum of four thousand (4,000) square feet or one hundred (100) square feet per room designed for occupancy, whichever is greater.

vi.

Conversion of Existing Hotels/Motels to Condominium Hotel/Motel.

a)

Any existing structure initially designed and operated as a hotel, motel, or inn, regardless of parcel size, may be converted into condominium ownership provided that all operational and density requirements of the condominium hotel/condotel provisions are met, and that the cost of renovation to the structure not exceed fifty (50) percent of the total structure value.

b)

If renovation costs exceed fifty (50) percent of the structure value all provisions of the condotel ordinance shall be complied with.

c)

If the existing structure is not operated as a condotel, maximum density requirements for residential structures of the underlying zoning district shall apply.

vii.

Creation of an On-Going Requirements for On-Site Management. The applicant shall provide details to the Town as a part of the application submittal pertaining to the on-going management of the condotel project. Each condotel project created pursuant to this section shall have or otherwise provide for an on-site management program that addresses the following:

a)

Details of how the rooms will be reserved by the owners and how they will be made available for transient occupancy;

b)

Provision of a manager to be on-site at all times;

c)

A description of the on-going building and grounds maintenance program.

viii.

Annual Audits. Annually, commencing one (1) year from the date the certificate of occupancy is issued, the management entity shall make available, upon reasonable request, all guest ledgers and receipt books to the UDO Administrator to ensure that the owner occupancy requirements set forth in this section are not exceeded.

11.

Recreational Vehicle Parks.

a.

Uses Nonconforming. No new recreational vehicle parks may be established after October 23, 2017, however, existing parks established prior to October 23, 2017 may continue, subject to the standards in Article 18.8: Nonconformities, and the following.

b.

Temporary Only. It is the intent of this section to set minimum standards for areas that are to be developed for occupancy on a temporary basis. A recreational vehicle is not considered to be a residential structure but is considered to be a vehicle in which people live temporarily.

c.

Suitability of Land. Land subject to improper drainage, erosion, or that is for topographical or for other reasons unsuitable for recreational vehicles as determined by the UDO Administrator, shall not be developed for recreational vehicle parks so long as such would continue or increase the danger of health, safety, or property unless the hazards can be and are corrected or avoided.

d.

Site Development Standards.

i.

Every recreational vehicle park shall contain at least fifteen (15) spaces and contain a gross land area of at least one (1) acre.

ii.

There shall be a minimum distance of twenty (20) feet between each recreational vehicle or structure.

iii.

Each space shall consist of a minimum of seven hundred fifty (750) square feet.

iv.

All spaces developed adjacent to a public street shall be set back a minimum of forty (40) feet from the street right-of-way.

v.

No more than one (1) recreational vehicle may be parked on any one (1) space. Recreational vehicles shall not be permitted on parcels, lots, or spaces other than those approved through these regulations.

vi.

All recreational vehicle units must be placed on individual vehicle spaces complying with all applicable design and utility standards.

e.

Flooding. All spaces shall be located on sites with elevations that are not susceptible to flooding and not less than one hundred (100) feet from mean high-water mark of any nearby water body. The spaces shall be graded to prevent any water from ponding and accumulating within the park. Each space shall be properly graded to obtain a reasonable flat site and to provide adequate drainage away from the space. All ditch banks shall be sloped and seeded.

f.

Roadways and Parking Areas.

i.

The park shall have all-weather roads that directly abut each space. All roads shall have a minimum width of eighteen (18) feet, except that one-way roads may have a minimum width of twelve (12) feet. In areas of heavy vehicle use, wider roads shall be required. Such streets shall be well-maintained and clearly identified. All streets within the park shall be privately-owned and maintained. Each space shall abut an internal street within the park.

a)

All parking within the park shall take place off the internal street within designated areas only. All internal streets within the park shall be equipped with adequate and suitable drainage facilities.

b)

Maintenance of all internal streets and drainage facilities shall be the responsibility of the owner of the park. Such streets shall be maintained in a manner to be free from potholes, breaks in the pavement, rough surfaces, ponding of water and associated problems which would impede or cause hazards to motor vehicles. Speed reduction bumps on paved internal streets are permissible, but they shall be painted and appropriate signs indicating the bump must be placed along the street.

ii.

No space shall have direct vehicular access into a public road.

iii.

Cul-de-sacs or dead-end roads shall not exceed one thousand (1,000) feet in length measured from the entrance to the center of the turnaround. Any road designed to be permanently closed shall have a turnaround at the closed end with a minimum diameter of eighty (80) feet.

iv.

When the park has more than one (1) direct access to a public road, they shall not be less than three hundred (300) feet apart or closer than three hundred (300) feet to a public road intersection unless unusual site conditions demand otherwise.

a)

Parks shall not be located on through lots unless the park is designed in a manner which does not encourage motorists from using the park as a means of travel from one (1) public street to another.

b)

Parks requiring only one (1) entrance and exit area shall provide at least one (1) permanent turn-around within the park. All park entrances must be approved by the NC Department of Transportation.

g.

Accessory Structures.

i.

Vending machines may be permitted in an enclosed area.

ii.

No swimming pool or bathing area shall be installed, altered, improved, or used without compliance with applicable regulations. No bathing area shall be used without the approval of the Carteret County Health Department.

h.

Signage.

i.

Signage serving a recreational vehicle park shall be limited to one (1) sign per park entrance.

ii.

No sign shall exceed thirty-six (36) square feet in area.

iii.

All signs must comply with any other applicable regulations of the Town.

iv.

Each vehicle space shall be identified by a permanent number which shall not be changed. The appropriate number of each vehicle space must be permanent and visibly displayed on each space. Each number shall be placed on a concrete, wood, metal, or any permanent post and conspicuously located on the lot.

i.

Sanitary Facilities.

i.

Each park shall have a central structure or structures that will provide separate toilet facilities for both sexes. This structure may also contain coin-operated machines for the park residents' use only, provided there is not exterior advertising.

ii.

All toilet, shower, lavatory, and laundry facilities shall be provided and maintained in a clean and sanitary condition and kept in good repair at all times.

iii.

They shall be safely and adequately lighted.

iv.

Facilities shall be easily accessible and conveniently-located.

v.

All toilet, shower, lavatory, and laundry facilities shall be acceptable to the Carteret County Health Department and shall be in conformity with all applicable codes. All buildings shall be constructed in accordance with the state building codes.

j.

Water Supply.

i.

A safe, adequate, and conveniently-located water supply must be provided for each park.

ii.

No water supply shall be installed, altered, or used without the approval of the Carteret County Health Department. Tests to be conducted according to Health Department standards.

iii.

Where a public municipal or community water system exists within one thousand (1,000) feet of the park, the developer shall connect to such system.

k.

Sewage Disposal.

i.

Sewage dumping stations shall be approved by the Carteret County Health Department. No method of sewage disposal shall be installed, altered, or used without the approval of the Carteret County Health Department.

ii.

Each park shall provide at least one (1) sewage dumping station per one hundred (100) recreational vehicle spaces.

iii.

All sewage wastes from a park, including waste from toilets, showers, bathtubs, lavatories, washbasins, sinks, and water-using appliances not herein mentioned, shall be piped into the park sewage disposal system or systems.

iv.

Where a public municipal or community sewer system exists within one thousand (1,000) feet of the park, the developer shall connect to such system.

l.

Garbage and Solid Waste Disposal.

i.

The park owner is responsible for solid waste collection. All solid waste shall be collected at least twice weekly, or more if the need is indicated during peak usage periods.

ii.

Storage, collection, and disposal of solid waste shall be so managed as not to create health hazards, rodent harborage, insect breeding areas, accidents, fire hazards or air pollution.

iii.

All solid waste shall be stored in conveniently-located leak-proof, rodent-proof containers with tight-fitting lids. The owner shall provide on such can with a capacity of at least twenty (20) gallons for every two (2) spaces. Garbage cans shall be located no farther than one hundred fifty (150) feet from any recreational vehicle space.

iv.

Racks or concrete platforms shall be provided on which to store containers. Racks or platforms shall be so designed to prevent tipping and to minimize spillage.

v.

Buildings and grounds shall be maintained free of rodent/insect harborage and infestation. Extermination methods and other control measures shall be in accordance with the requirements of licensed pest control operators. The park owner shall be responsible for pest extermination and pest control measures to prevent the development of unsanitary conditions.

m.

Electrical Service. Where electrical service is used, the installation and use of such facilities shall conform with all applicable codes. Such facilities shall be inspected by the Building Inspector.

n.

Open Space.

i.

Each park shall provide recreation areas to serve the needs of the anticipated users.

ii.

Eight (8) percent of the total land area shall be devoted to accessible common open space intended for recreational use. The park owner is responsible for the development and maintenance of the recreation areas.

o.

Manufactured Homes. It shall be unlawful for a person to park or store a manufactured home in a recreational vehicle park. However, two (2) manufactured homes may be allowed within the recreational vehicle park to be used as residences of persons responsible for the operation and/or maintenance of the park. These units may not be used for rental purposes.

p.

Junked or Wrecked Vehicles. Junked or wrecked vehicles are prohibited in recreational vehicle parks.

q.

Registration of Occupants. Every park owner or operator shall maintain an accurate register containing a record of all occupants and owners of recreational vehicles in the park. The register shall be available for inspection at all times by authorized Town representatives. The register shall contain the following information:

i.

Name and address of the occupants of each space.

ii.

License number of each recreational vehicle.

iii.

Recreational vehicle space number.

iv.

Date when occupancy within the recreational vehicle park begins and date when occupancy within the park ceases.

r.

Permanent Occupancy Prohibited.

i.

No recreational vehicle space shall be used as a permanent residence.

ii.

Any action toward removal of wheels of a camper except for temporary purposes of repair is hereby prohibited.

s.

Inspection.

i.

The Carteret County Health Department, the Town Building Inspections Department, and the Town Planning Board are hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with these regulations.

ii.

It shall be the duty of the owners of recreational vehicle parks to give these agencies free access to such premises at reasonable times for inspections.

D.

Industrial Uses.

1.

Light Industrial.

a.

Storage Facility.

i.

Storage of boats, recreational vehicles, and similar equipment may be allowed, subject to the following standards:

a)

Storage shall occur only within a designated area, approved as part of the site plan.

b)

Storage areas shall not exceed fifty (50) percent of the lot area of the site.

c)

Boats shall be stored on trailers with wheels.

d)

Storage areas shall be completely screened from public rights-of-way or adjacent residential zoning districts, utilizing either the buildings associated with the storage facility or by an opaque masonry wall, or equivalent approved by the UDO Administrator, a minimum of six (6) feet in height.

2.

Heavy Industrial.

a.

Seafood Processing and Packaging. Seafood processing and packaging shall comply with the following standards:

i.

All access points shall have at a minimum fifty (50) feet of road frontage.

ii.

There shall be no external activity beyond loading and unloading of materials. All packaging shall be conducted within an enclosed structure.

iii.

All outdoor storage shall be screened from off-site view.

iv.

No activity shall be conducted that produces noise, odors, fumes, or other nuisance beyond the property lines.

(Ord. No. 21-06-02, 6-28-21; Ord. No. 22-11-01, 11-21-22; Ord. No. 22-11-02, 11-21-22; Ord. No. 23-02-01, 2-27-23; Ord. No. 24-02-01, 2-26-2024; Ord. No. 24-04-02, 4-22-2024)

A.

Purpose. This section authorizes the establishment of accessory uses and structures that are incidental and subordinate to principal uses. The purpose of this section is to allow a broad range of accessory uses and structures, provided they comply with the standards set forth in this section in order to reduce potentially adverse impacts on surrounding lands.

B.

Procedure for Establishment.

1.

Accessory uses or structures may be approved in conjunction with the approval of the principal use or subsequently following the establishment of the principal use, except for the docks and piers as an accessory use, which may be established prior to the principal use.

2.

No accessory use or structure shall be approved, established, or constructed before the principal use is approved in accordance with this Ordinance, except for the docks and piers as an accessory use, which may be established prior to the principal use.

3.

Establishment of an accessory use or structure shall require approval of a zoning permit in accordance with the standards in Section 18.2.4.Z, Zoning Permit, and the standards in this section.

4.

Any principal use listed in Table 18.4.1.G, Principal Use Table, as an allowable use in a zoning district may also be permitted as an accessory use (or structure) in the same zoning district, provided it complies with the standards in this section.

5.

In the event an accessory use or structure is proposed to serve a principal use that is established through a special use permit, the accessory use or structure shall also require special use permit approval in accordance with Section 18.2.4.R, Special Use Permit.

6.

In the event an accessory use (or structure) is not listed as an allowable principal use type for a particular zoning district in Table 18.4.1.G, Principal Use Table, it shall not be established as an accessory use in the same zoning district.

7.

A lawfully-established nonconforming use or structure may be supplemented with an accessory use or structure provided the accessory does not increase the nonconformity.

C.

General Standards.

1.

Permitted Accessory Uses and Structures. Permitted accessory uses and structures include those listed in this section and those that the UDO Administrator determines meet the following:

a.

Are clearly incidental to an allowed principal use or structure;

b.

Are subordinate to and serve an allowed principal use or structure;

c.

Are subordinate in area, extent, and purpose to the principal use or structure;

d.

Contribute to the comfort, convenience, or needs of occupants or business associated with the principal use or structure.

2.

Located on Same Lot as a Principal Use. All accessory uses and structures shall be located on the same lot as the principal use or structure and not located within any street right-of-way, except as allowed by this Ordinance.

3.

Compliance with Ordinance Requirements. Accessory uses and structures shall conform to the applicable requirements of this Ordinance, including this section, the district standards in Article 18-3: Zoning Districts, and the development standards in Article 18-5: Development Standards.

4.

Dimensional Standards. Accessory structures, which include accessory buildings, shall meet the applicable zoning district dimensional standards and district standards, except as provided in Section 18.10.2.E, Setback Encroachments.

5.

Easements. Accessory structures may not be located in an easement unless the easement or easement holder expressly states the allowance in writing.

6.

Conflict with District or Use-Specific Standards. In the event the standards in this section conflict with district-specific standards in Article 18.3, Zoning Districts, or use-specific standards for a principal use in Section 18.4.7, Use-Specific Standards, the zoning district or use-specific standards shall control.

D.

Standards for Specific Accessory Uses.

1.

Accessory Dwelling Unit. Accessory dwelling units shall comply with the following requirements:

a.

Where Permitted.

i.

Accessory dwelling units are permitted, subject to a zoning permit, in the RMF, MUN, MHI, and CIR zoning districts.

ii.

Accessory dwelling units are permitted as a special use in the RMX and COR districts.

iii.

Accessory dwelling units may be located within a principal structure or within an accessory structure.

iv.

Use of a travel trailer, recreational vehicle, camper, or cargo container as an accessory dwelling unit is prohibited.

b.

Additional Standards.

i.

Not more than one (1) accessory dwelling unit per lot is permitted.

ii.

An accessory dwelling unit shall have a floor area of at least three hundred (300) square feet, but not more than one thousand (1,000) square feet.

iii.

Accessory dwelling units shall not be sold apart from the principal structure.

2.

Boat Lifts. Boat lifts shall be subject to an approved CAMA minor permit (see Section 18.2.4.F, CAMA Minor Permit).

3.

Boat Ramps. Boat ramps shall comply with the following standards:

a.

All boat ramps shall be confined to shoreline of manmade canals, channels, and basins with little or no native vegetation and shall be located in the least vegetated area of the shoreline.

b.

The width of boat ramps, including side slopes, shall be limited to thirty-five (35) feet.

c.

Up to two (2) accessory docks meeting all docking facility requirements may be allowed.

d.

Boat ramps without accessory docks must meet the water depth and access criteria for a dock within ten (10) feet of the waterward end of the ramp to allow for a bottom slope.

e.

Dredging and filling shall be limited to the minimum amount necessary to construct the boat ramp surface, side slopes, walls, and moorings or dock pilings.

f.

All such projects shall require prior approval by the NC Division of Coastal Management.

4.

Drive-Up and Drive-Through Facilities. Drive-up and drive-through accessory structures, such as automated teller machines, ice vending, coffee stands, and similar accessory structures that provide drive-up or walk-up service shall meet the following standards:

a.

The accessory structure shall not be placed in any required parking spaces.

b.

Outdoor speakers associated with a drive through use shall be at least fifty (50) feet from any lot line shared with a residential use.

c.

The location shall be designed so that any access or stacking lanes do not extend into a vehicle drive aisle.

d.

The surface parking area shall be configured and restriped to maintain access and circulation to the principal use(s).

e.

Drive-through facilities shall be designed so as not to obstruct the movement of pedestrians along sidewalks or methods of ingress and egress.

f.

In cases where a drive-through window is attached to a principal building, the drive-through shall be designed and configured as part of the principal structure.

g.

Any roof-top mechanical equipment shall be screened from the adjacent streets.

5.

Docks and Piers. Docks and piers shall be allowed in accordance with state and federal regulatory and permitting requirements. Docks and piers shall be treated as an accessory use to the property to which they are connected and may be approved, established, or constructed prior to the establishment of the principal use. In no instance shall a roof be permitted on any dock or pier structure.

6.

Home Day Care. A home day care is permitted as accessory to a residential dwelling unit if it complies with the following standards:

a.

Care is provided within a dwelling unit, for between three (3) and eight (8) children less than thirteen (13) years of age, not more than five (5) of which are preschool age, or up to eight (8) adults, who do not reside in the dwelling, for at least once per week for at least four (4) hours, but less than twenty-four (24) hours per day.

b.

It complies with all applicable home occupation requirements, except the gross floor area requirement.

c.

It is licensed by the State of North Carolina and complies with all applicable State requirements.

d.

The home day care use provides one (1) additional off-street parking space for every one hundred (100) square feet of floor area devoted to the home day care portion of the principal structure or lot.

7.

Home Occupations. A home occupation shall comply with the following standards:

a.

Participation in Business. Only the owner, tenant, lessee, of a dwelling unit, or an immediate family member, and one (1) employee shall be engaged or employed on-site.

b.

General Standards.

i.

Nature of Use.

a)

The use of the dwelling unit for the home-based business shall be clearly incidental and subordinate to its use for residential purposes.

b)

There shall be no exterior structural or architectural modification to the dwelling related to the home occupation.

c)

A home occupation shall not occupy more than twenty (20) percent of the gross floor area of the dwelling, exclusive of the area of any open porch, attached garage, or similar space not suited for occupancy as living quarters of a dwelling.

ii.

Parking. A maximum of two (2) additional off-street parking spaces may be required to accommodate a home occupation, and each additional space shall utilize the driveway serving the residence in which the activity is located.

iii.

Visitation Hours and Trip Limits. A home occupation shall limit hours of operation for the activities specified below:

a)

Customer or client trips and all deliveries shall be limited to the hours from 8:00 a.m. to 8:00 p.m.

b)

The business shall not generate more than six (6) customer or client and delivery trips combined in any one (1) day and no more than two (2) clients may be present at any one (1) time.

iv.

Vehicle Storage.

a)

No person shall park or place construction or maintenance equipment, machinery, or materials, or allow same to be parked or placed upon public property, streets, or right-of-way.

b)

If located within a residential district, all maintenance/construction equipment and machinery shall be located within the property's side or rear yard. Home occupation uses shall be limited to the parking and storage of one (1) commercial vehicle on the premises, not to exceed a one-ton capacity. Such vehicles shall not be parked or stored in front of the home.

c)

If permanently located in a residential district, all equipment shall be screened with either landscaping or fencing.

d)

No junked/inoperative motor vehicle or nuisance vehicle shall be permitted to be parked or stored out of doors longer than twenty-four (24) hours.

v.

Limitations on Use of Equipment and Materials. A home occupation shall conform to the following limitations on the use and storage of material and equipment:

a)

The business shall not utilize equipment or processes that create vibration, glare, fumes, odors, or dust that are discernable at the property lines.

b)

The business shall not utilize any combustible materials in violation of all applicable fire prevention regulations.

c)

The business shall not utilize or maintain on site any hazardous materials.

d)

The business shall not utilize equipment or processes which create electrical, visual, or audible interference in any radio or television receivers off-premises, or otherwise interfere with the off-premises use of electric or electronic devices of any kind.

vi.

Sales. All sales shall be incidental to the principal residential use and shall involve only the sale of goods or merchandise produced or processed by the home occupation. Retail sales of goods not produced or processed on the premises are prohibited.

8.

Outdoor Display. Temporary outdoor display of merchandise, inventory, equipment, or similar material shall comply with the following standards:

a.

Merchandise must be mobile and stored indoors overnight.

b.

Merchandise display must be accessory to a principal use located on the same property.

c.

All sales transactions shall take place inside the principal structure.

d.

Merchandise shall not be located in or obstruct any required setback, loading space, loading area, vehicular use area, fire lane, required landscaping area, sidewalk, ADA accessibility route, or drainage easement.

9.

Outdoor Storage. Outdoor storage of inventory, equipment, or similar material in a non-residential district shall comply with the following standards:

a.

Except as otherwise provided, any outdoor storage shall be incidental and subordinate to the primary use located on the property.

b.

Outdoor storage areas shall not be located in any required setbacks, fire lanes, or sidewalks as provided on an approved site plan.

c.

Except for the following, outdoor storage areas shall be located to the side or rear of the principal building and completely screened from view by landscaping, fences, walls, buildings, or a combination.

i.

Storage of landscape plant material; and

ii.

Storage of material used for road construction on a lot directly adjacent to the roadway under construction.

10.

Outdoor/Sidewalk Sales.

a.

Sidewalk sales are only permitted on sidewalks fronting or within lots in the MHI, CIR, CND, and COR districts.

b.

Outdoor/sidewalk sales of general merchandise must be in conjunction with an existing business selling similar product and shall be located within the parameters of the existing store front.

c.

In no instance shall pedestrian walkways be obstructed by outdoor or sidewalk sales.

11.

Residential Accessory Structures.

a.

Generally. Except for below-ground swimming pools and decks, all residential accessory structures traditionally associated with a single-family or duplex dwelling (e.g., gazebo, pergola, prefabricated storage shed, well house, outdoor kitchen, hot tub, above ground pool, etc.) shall comply with the following standards:

i.

Setbacks.

a)

Rear and Side. Accessory structures must setback five (5) feet from side and ten (10) feet from rear lots lines.

b)

Corner Side. For corner lots, accessory structures must meet the street setback of the dimensional standards for the applicable zoning district.

c)

Through or Double Frontage Lots. For through or double frontage lots, all accessory structures shall be set back ten (10) feet from the rear lot line abutting the street.

d)

Alleys. For accessory structures that are located along an alley, the structure must setback a minimum of ten (10) feet from the rear lot line abutting the alley.

e)

Utilities. Utility service, such as water, sewer and electricity, to the accessory structure shall be provided by branching service from the principal structure.

f)

Encroachments. See Section 18.10.2.E, Setback Encroachments, for allowable encroachments into setbacks for specific accessory structures.

ii.

Accessory Buildings.

a)

Location. In addition to the setback requirements, accessory buildings shall be located behind the front building line of the principal structure, except on lots that are greater than two (2) acres in area, for which one (1) accessory building may be located in front of the principal structure, provided it meets the front setback.

b)

Size. The maximum total area of all accessory buildings on the lot shall not exceed fifty (50) percent of the gross floor area of the principal structure or six hundred (600) square feet, whichever is greater.

b.

Below-Ground Swimming Pool. Below-ground swimming pools, spas, and hot tubs are not required to be set back from a lot line, but shall comply with all applicable standards in the NC State Building Code and comply with standards for accessory structures in this section.

c.

Decks. Decks shall comply with all applicable setback standards for the district in which the use is located.

(Ord. No. 19-02-03, 2-25-2019)

A.

Purpose. This section allows for the establishment of specific temporary uses of limited duration, provided that such uses do not negatively affect adjacent land, and provided that such temporary uses are discontinued upon the expiration of a set time period. Temporary uses shall not involve the construction or alteration of any permanent building or structure.

B.

Applicability. The standards in this section apply to non-permanent uses that take place on a temporary basis whether on the same site or in different locations in the jurisdiction. The activities listed in this section require the issuance of a temporary use permit, except as exempted, in accordance with the standards in Section 18.2.4.V, Temporary Use Permit.

C.

General Standards for Temporary Uses. All temporary uses shall comply with the following general standards, unless otherwise specified in this Ordinance:

1.

General Standards.

a.

Secure written permission from the landowner;

b.

Obtain the appropriate permits and licenses from the Town and other agencies;

c.

Comply with the requirements for temporary signs in Section 18.5.10, Signage;

d.

Meet public utility and Town requirements for proper connection to water, sewer, electrical and other utility service connections, as applicable;

e.

Not violate the applicable conditions of approval that apply to a site or use on the site;

f.

Not result in a situation where the principal use, if present, fails to comply with the standards of this Ordinance;

g.

Contain sufficient land area for the temporary use and for the parking and traffic movement associated with the temporary use, without impacting environmentally sensitive lands;

h.

Not remain in place for more than ninety (90) days if located within a special flood hazard area;

i.

Provide adequate on-site restroom facilities (as appropriate); and

j.

Cease all outdoor activities within five hundred (500) feet of a residential use by 10:00 p.m.

2.

General Conditions. In approving a temporary use permit, the UDO Administrator is authorized to impose any of the following general conditions upon the premises benefited by the permit as may be necessary to reduce or minimize any potential adverse impacts upon other property in the area, as long as the condition relates to a situation created or aggravated by the proposed temporary use. The UDO Administrator is authorized, where appropriate, to require:

a.

Provision of temporary parking facilities, including vehicular access and egress;

b.

Control of nuisance factors, such as but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat;

c.

Prohibition of the storage or use of hazardous materials;

d.

Regulation of placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

e.

Provision of sanitary and medical facilities;

f.

Provision of solid waste collection and disposal;

g.

Provision of security and safety measures;

h.

Use of an alternate location or date;

i.

Modification or elimination of certain proposed activities;

j.

Regulation of operating hours and days, including limitation of the duration to a shorter time period than requested or specified in this subsection; and

k.

Submission of a performance guarantee to ensure that any temporary use will be removed from the lot or site within a reasonable time and the lot or site will be restored to its former condition.

D.

Standards for Specific Temporary Uses.

1.

Portable Storage Container. Portable storage containers may be permitted as a use accessory to a single-family detached or duplex dwelling, subject to the following standards:

a.

Types Distinguished. Portable storage containers shall take one (1) of the following three (3) forms:

i.

A container used for the purposes of storage of personal property such as household items being temporarily stored or relocated.

ii.

A roll-off box, bin, or construction dumpster used for the collection and hauling of waste or debris; or

iii.

A fully-enclosed, non-motorized, trailer (commonly known as a semi-trailer) with wheels intended to be towed to a site for the purpose of storage or transport of goods, materials, or equipment.

b.

Maximum Size. Containers no larger in dimension than eight (8) feet in height, nine (9) feet in width, or sixteen (16) feet in length.

c.

Maximum Number.

i.

No more than two (2) portable storage containers shall be located on a single lot or parcel of land.

ii.

No other type of container or shipping container is located on the same lot or parcel of land.

d.

Hazardous Substances. Portable storage containers shall not be used to store or transport nonresidential materials and substances, including but not limited to the following: solid waste, hazardous materials, explosives, and unlawful substances and materials.

e.

Duration. A portable storage container may remain upon a lot for 14 days except when used in conjunction with construction on the same lot, and shall then be removed within fourteen (14) days of the issuance of a certificate of occupancy.

f.

Location.

i.

If a portable storage container is placed in the front yard, then it shall be located only in the area primarily used for vehicular ingress and egress and be at least five (5) feet from the edge of the paved right-of-way. In no instance shall the placement of a portable storage container result in fewer off-street parking spaces than are required in Table 18.5.3.C.2, Minimum Off-Street Parking Spaces Required.

ii.

If a portable storage container is placed in the required rear or side yard, no setback shall be required.

2.

Temporary Health Care Structure. One (1) temporary health care structure is permitted on a lot with a single-family detached dwelling, subject to the following standards:

a.

Structure. A temporary health care structure is one that:

i.

Is transportable and primarily assembled at a location other than the site of installation;

ii.

Is located on a lot with an existing single-family detached dwelling;

iii.

Is limited to one (1) occupant who is a mentally or physically impaired person related to the caregiver;

iv.

Is used by a caregiver or legal guardian in providing care for one (1) mentally or physically impaired person on property owned or occupied as the caregiver's or guardian's residence;

v.

Has no more than three hundred (300) square feet of gross floor area;

vi.

Is connected with water, sewer, and electricity by branching service from the single-family detached dwelling;

vii.

Has the same street address and mailbox as the existing single-family detached dwelling;

viii.

Uses the same driveway as the existing single-family dwelling, unless the structure is accessed from a right-of-way not used by the dwelling (e.g., a rear alley or separate street access on a corner or through lot);

ix.

Meets the dimensional standards of the zoning district for a single-family detached dwelling; and

x.

Meets the applicable provisions in the NC State Building Code; however, is not located on a permanent foundation.

b.

Need and Relationship.

i.

The occupant of the structure must be a mentally or physically impaired person who requires assistance with two (2) or more activities of daily living (bathing, dressing, personal hygiene, ambulation or locomotion, transferring, toileting, and eating) as certified in writing by a physician licensed to practice in this State.

ii.

The caregiver must be an individual 18 years of age or older who provides care for the mentally or physically impaired person and is a first or second degree relative of the impaired person. A first or second degree relative is a spouse, lineal ascendant, lineal descendant, sibling, uncle, aunt, nephew or niece, including half, step, and in-law relationships.

c.

Permit Conditions.

i.

Once the applicant provides sufficient proof that the temporary health care structure meets all standards, then the temporary structure shall be permitted for a period of twelve (12) months.

ii.

The applicant may renew the zoning compliance permit for a twelve-month period and continue to renew it provided the applicant provides evidence of continued need and compliance with these standards.

iii.

The Town may make permit renewal and periodic inspections of the temporary structure at reasonable times convenient to the applicant.

iv.

No signage shall be permitted on the exterior of the temporary structure or on the lot that identifies or promotes the existence of the structure.

v.

The temporary structure shall not be subdivided or otherwise separated in ownership from the single-family detached dwelling.

vi.

The temporary structure shall be removed within sixty (60) days if the impaired occupant is no longer receiving or in need of assistance.

vii.

The temporary use permit may be revoked or other enforcement actions taken if these standards are violated.

3.

Temporary Real Estate Office. A temporary real estate office is permitted on a lot in a residential, mixed-use, or business district, subject to the following standards:

a.

The office is located on a lot that is part of the real estate development being sold or leased.

b.

Signage complies with the standards of Section 18.5.10, Signage.

c.

The office complies with the dimensional standards of the zoning district in which it is located.

d.

The temporary office is converted into a dwelling or removed within thirty (30) days after all units are sold or leased.

4.

Temporary Wireless Telecommunications Facility. A temporary wireless telecommunications facility, is permitted on a lot containing a commercial or mixed-use, subject to the following standards:

a.

A temporary wireless telecommunications facility may be allowed on a lot after a disaster or other emergency for a period not to exceed thirty (30) days, except that the temporary use permit may be renewed for good cause shown.

b.

A temporary wireless telecommunications facility may be allowed on a lot to evaluate the technical feasibility of a site for a period not to exceed fourteen (14) days, except that the temporary use permit may be renewed for good cause shown.

c.

A temporary wireless telecommunications facility may be allowed on a lot in association with an event where the anticipated demand cannot be handled by existing facilities for a period not to exceed fourteen (14) days.

d.

A temporary wireless telecommunications facility may be allowed on a lot with an existing permanent wireless telecommunications facility where the permanent structure is undergoing reconstruction or maintenance and the temporary facility is needed to maintain sufficient levels of service. The temporary facility shall be removed after reconstruction or maintenance is complete and service restored on the permanent structure.

e.

All temporary wireless telecommunications facilities, including all supporting cables and anchors, shall be contained on the lot.

(Ord. No. 22-11-01, 11-21-22)