Bald Head Island City Zoning Code

   (a)   In order to implement the intent of this chapter and the charter, there are hereby created zoning districts with the following designations:

   (1)   PD-1 Planned Development 1;

   (2)   PD-2 Planned Development 2;

   (3)   PD-2C Planned Development 2 Commercial;

   (4)   PD-3 Planned Development 3;

   (5)   PD-3C Planned Development 3 Commercial;

   (6)   PD-3C-1 Lighthouse-Chapel Overlay District;

   (7)   PD-4 Planned Development 4;

   (8)   MFPO Maritime Forest Protection Overlay; and

   (9)   NC Neighborhood Commercial.

   (b)   The creation of the zoning districts in subsection (a) of this section is a recognition of the charter and an attempt to implement the master plans, which have been developed for Bald Head Island's unique environmental setting and the island's current development character.

   (c)   In setting out the respective districts, careful consideration is given to the suitability of each and every district of the particular regulations applied thereto. Also considered are the necessary, proper and comprehensive arrangements of various land uses and densities of population in accordance with well-thought-out master plans for the physical development of the area.

(Ord. No. 29, § 8.1, 8-17-1991; Ord. No. 2021- 0607, § 1, 6-28-2021)

(Ord. No. 29, § 8.2, 8-17-1991; Ord. No. 2021- 0607, § 1, 6-28-2021)

   (1)   Use of property lines. Where district boundaries are indicated as approximately following street lines, and lot lines, such lines shall be construed to be such boundaries. Where streets, watercourses, and similar areas with width are indicated as the district boundary, the actual district boundary line shall be the centerline of such area.

   (2)   Use of the scale. In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map.

   (3)   Zoning official. In case any further uncertainty exists, the zoning official shall interpret the intent of the map as to the location of such boundaries.

   (4)   Planning board. The decision of the zoning official may be appealed to the planning board by an affected property owner.

(Ord. No. 29, § 8.3, 8-17-1991; Ord. No. 2021- 0607, § 1, 6-28-2021)

   Regulations for each district shall be enforced and interpreted according to the following rules:

   (1)   Uses by right and special uses. All listed permitted uses are permitted by right according to the terms of this chapter. Special uses are permitted subject to compliance with the additional regulations specified.

   (2)   Minimum regulations. Regulations set forth in this chapter shall be minimum regulations. If the requirements set forth in this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or higher standard shall govern.

   (3)   Restrictive covenants and deed restrictions. Unless restrictions established by covenants and deed restrictions running with the land are prohibited by the provisions of this chapter, nothing contained in this chapter shall be construed to render such covenants or restrictions inoperative.

(Ord. No. 29, § 8.4, 8-17-1991; Ord. No. 2021- 0607, § 1, 6-28-2021)

   (a)   PD-1 planned development 1 district.

   (1)   Planned development 1 district is established as a district in which the principal use of the land is for dwellings. It is the intent that this district encourage the construction and continued use of the land for single-family residential dwellings. This district is intended to continue the use of and enjoyment of the lighthouse, golf course, tennis courts, property owners clubhouse and other leisure activities ana their attendant uses. Furthermore, this district benefits by having all lots adjacent to common areas which are to be enjoyed by all property owners or limited common areas which are necessary to serve a few adjoining lots.

   (2)   Uses of this district shall not include any commercial or trade activity except that associated with a golf course or private clubhouse and limited activities attendant to an inn facility.

   (3)   It is the intent of this district to preserve and protect as much as possible the natural environment by minimizing lot coverage and maximizing common areas and open spaces.

   (b)   PD-2 planned development 2 district.

   (1)   Planned development 2 district is established as a district in which the principal use of the land is for residential dwellings, the preservation and protection of a sizable maritime forest and, in general, development compatible with planned development 1 district.

   (2)   Furthermore, it is the intent of this district to protect the natural environment by limiting the maximum lot coverage, providing common areas adjacent to all lots, clustering residential nodes, and preserving a sizeable maritime forest area without intrusions. However, this area may include utility facilities necessary for development of the island.

   (c)   PD-2C planned development 2 commercial district. This district is established as a district in which the principal uses of the land are for commercial, municipal and utility service areas for the entire island. This district is intended to provide:

   (1)   A town hall service area;

   (2)   Commercial service areas;

   (3)   A pedestrian-oriented commercial center;

   (4)   A property owner's clubhouse and related sports activities and their attendant uses; and

   (5)   Transient inns and their attendant facilities.

   (d)   PD-3 planned development 3 district. Planned development 3 district is established as a district in which the principal use of land is residential but with some offices allowed and bed and breakfast without commercial restaurant facilities.

   (e)   PD-3C planned development 3 commercial district. Planned development 3 commercial district is established as a district in which the principal use of land is for mixed use which includes residential uses, commercial services, offices, marina and marina related uses, club facilities, transient inn uses and leisure activities and their attendant uses. Furthermore, it is the intent of this district to encourage the construction and continued use of land necessary for the embarkation and debarkation of ferry passengers.

   (f)   PD-4 planned development 4 district. Planned development 4 district is established as a district in which the principal use of the land is for single-family residential dwellings on large lots, leisure activities and the protection of the natural environment.

   (g)   MFPO maritime forest protection overlay district. The specifications and standards of this district were established in order to permit development that is compatible with the environmentally sensitive nature of the Bald Head Island and Middle Island maritime forests, and to preserve land in a natural state where such land is considered to be a vital link in the local groundwater replenishment cycle and where the destruction of natural vegetation could have a harmful effect on the stability of the soil and its resistance to erosion. More specifically, the maritime forest protection overlay district is designed to protect natural features and functions of the area in the interest of health, safety and general welfare of the residents and visitors to Bald Head Island and Middle Island. Such features include, but are not limited to, saltspray sheer zone vegetation, forest wetlands, relic dunes, and dune ridges.

   (1)   Applicability. The provisions of this district shall, to the extent permitted by the law, apply to those areas within the corporate limits of the village that may be, from time to time, designated on the official map or maps designating certain areas thereon as maritime forest protection overlay district adopted by the village. This overlay district is intended to provide additional protection to the maritime forest, while allowing all uses contained in the PD district, in which the overlay occurs, to be allowed. The golf course from the fairways, tees, and greens to adjacent rights-of-way or lot lines are expected from this overlay district.

   (2)   Performance standards. The following performance standards apply to all uses within the maritime forest protection overlay district. These performance standards are in addition to or over and above the requirements of the applicable zoning district.

      a.   Prestaking or preconstruction lot clearing. Some clearing of understory trees and shrubs may be required to prepare a site for sale or survey or to stake the proposed building site. Permission to clear such understory, trees and shrubs shall not be required by the building inspector, but shall be limited to such vegetation with a three-inch caliper at four feet above grade.

      b.   Lot alteration. No alteration of a lot or building site shall occur prior to the issuance of a building permit. Trees shall not be removed except as necessary for the construction of the principal structure, accessory use, parking area, driveway access and septic tank/nitrification field system. Soil disturbing activities and site alteration shall not exceed the minimum necessary to provide for the location of the principal use structure, any accessory use improvements, driveway access, and utility service improvements. No specimen tree (a 24-inch diameter trunk at four feet above ground level) shall be removed unless construction is impractical without the removal of such tree.

      c.   Construction containment. The area of construction shall be limited to five feet outside of the perimeter of structure construction and two feet outside of a driveway referred to in this chapter as "limit of construction." A lay down yard for construction material must be shown on plans submitted for approval as well as the limits of construction. Both of these areas shall be surrounded by a construction fence which shall be maintained until all construction is completed. Movement of construction equipment or placement of material outside of this containment is prohibited.

      d.   Wetland buffer. Natural wetlands and ponds shall not be filled. No paved area or any part of a ground absorption wastewater treatment system shall be located within 20 feet of any stream, pond, or wetland. Pilings for a residence may be placed in the wetlands boundary as long as no fill is placed in the wetlands. For lots platted before April 1, 1991, fill is allowed to the extent permitted by applicable regulatory agency, only if the property is unbuildable or unaccessible without the fill permit. Open decking or boardwalks may be built over wetlands where approved by the local GAMA permit officers and division of coastal management or other appropriate governmental agency or authority.

      e.   Off-street parking, driveways and carports. Parking areas on a lot shall be located under the principal structure whenever possible. All off-street parking improvements and driveways shall be designed to minimize impervious lot coverage. Driveway widths shall be limited to ten feet.

      f.   Clearing and pavement width for roads, streets, and culs-de-sac.

         1.   The total combined width of paved area within a right-of-way for a road or street shall not exceed 22 feet.

         2.   The total width of paved area within a cul-de-sac at the end of a road or street shall not exceed 30 feet; nor more than 30 feet of any road or street right-of-way, regardless of the total width of such right-of-way shall be cleared of plant or tree growth. Notwithstanding the provisions of this section, the width of paved area and the width of cleared right-of-way for intersections of streets or roads and culs-de-sac may exceed the permitted limits set out hereinabove to accommodate an appropriate turning radius, as determined by the village council, for vehicular traffic, including without limitation, emergency vehicles, fire protection and fighting equipment or vehicles and construction vehicles.

      g.   Plant material installation. There shall not be planted on any lot any shrubbery, trees, herbs, grasses or other flora unless same appears on the list of permissible shrubbery, trees, herbs, grasses or other flora to ensure that no plant material foreign to the natural ecology of the maritime forest protection overlay district which may be harmful to such ecology will be introduced into the maritime forest protection overlay district. Bald Head Island design guidelines recommendations and standards for development will be helpful to property owners in planning the installation of plant material.

   (3)   Technical regulations. Within the maritime forest district the following dimensional, setback, height, and other requirements shall be in effect.

      a.   Setbacks. The following setback requirements shall be applicable:

 

 

 

 

 

 

   (i)   NC neighborhood commercial district. The neighborhood commercial district (NC) is primarily intended to accommodate very low intensity office, and personal service uses within residential areas. The district is established to provide convenient locations for businesses, which serve the needs of island residents and visitors without disrupting the character of the neighborhood. The neighborhood commercial district is a transitional land use zoning district in which the principal use of land is residential with some office and service uses allowed to serve the surrounding residential districts and in which traffic and parking congestion can be reduced to a minimum in order to preserve residential values and promote the general welfare of the surrounding residential districts.

   (1)   Buffer requirements. Nonresidential uses which abut undeveloped lots or lots utilized for residential purposes shall maintain a ten-foot undisturbed vegetative buffer along rear and side property boundaries.

   (2)   Parking and driveway requirements.

      a.   Minimum number of required off-street parking spaces, by land use.

 

 

 

         1.   All parking areas shall be located and designed so as to avoid undue interference with the use of public streets and alleys.

         2.   There shall be a maximum of one driveway per lot. In the case that adjacent lots are under single ownership, shared driveways shall be utilized in an attempt to provide the minimum number of access points possible.

   (3)   Maximum floor area ratio. The total square footage of floor area permitted in the neighborhood commercial zoning district shall be determined as a ratio to the total square footage of the land area of the site. The ratio shall be .20. The floor area shall be the sum of the areas on all floors of the building measured from the outside faces of the exterior walls, including halls, lobbies, stairways, elevator shafts. enclosed porches and balconies, and belowgrade floor areas.

   (4)   Recombination of lots. Lots may not be recombined for the purpose of increasing the size of the structure built on the lot. The maximum floor area ratio would apply to the largest lot existing prior to the recombination.

   (5)   Prohibited uses and structures.

      a.   Commercial, retail sales.

      b.   Restaurants, cafes and other food services.

   c.   Warehousing, storage, and distribution facilities.

   d.   All uses and structures not of a nature specifically or provisionally permitted in this chapter.

(Ord. No. 29, § 8.5, 8-17-1991; Ord. No. 2021- 0607, § 1, 6-28-2021)

 

(Ord. No. 29, § 8.6, 8-17-1991; Ord. of 3-18-2000; Ord. No. 2006-1102, 11-17-2006; Ord. No. 2009-0502, 5-5-2009; Ord. No. 2012-0301, 3-16-2012; Ord. No. 2015-0403, passed 4-17-2015; Ord. 2016-10-01, 10-21-2016; Ord. No. 2020-1002, § 2, 10-23-2020; Ord. No. 2021-0607, § 1, 6-28-2021; Ord. No. 2022-0603, § 2, 6-17-2022; Ord. No. 2024-1003, § 2, 10-11-2024)

   (b)   Corner visibility. No planting, fence or other obstruction to visibility at elevations of three to seven feet above street level shall be erected, maintained or allowed to exist within 15 feet of the intersection of any street right-of-way lines.

   Table 1: Dimensional Requirements

 

referenced in section 32-127, note (3)

 

 

Note:   For the Type I, II, III, IV, V, VI, VII, and VIII lots, for minimum lot size and applicable setbacks refer to the Urban Code recorded in those restrictive covenants for the Bald Head Harbour.

Non-Residential

 

 

   Note: For use of the above-referenced dimensional requirements table, the following rules shall apply:

   (1)   The building height is measured from the lowest natural point on the ground beneath a building and its attached structure to the highest point on its roof. Where any elevation beneath the building footprint falls below an elevation of five feet above mean sea level (amsl), the lowest elevation shall be considered five feet amsl.

   (2)   Up to 300 square feet can be screened porch provided roof of porch forms integral part of roof line of main structure.

   (3)   All references in this Table 1 of this section to Types I, II, III, IV, V, VI, VII, and VIII lots shall refer to the designation of such lots as set forth in those restrictive covenants for the Bald Head Harbour, recorded in book 697, page 267, and book 722 at page 952 of the county registry, and as shown on those maps of the same recorded in map cabinet S, page 142 and map cabinet U, page 157, map cabinet U, page 41, map cabinet U, page 66, and map cabinet S, page 300, of the county registry. N/A-Not applicable.

   (4)   Notwithstanding any provision to the contrary contained in this chapter, in zones PD-3 and PD-3C, to the extent that an automatic fire sprinkler system shall be installed in the primary living unit sought to be permitted for construction on any lot, encroachments as more fully described in this chapter shall be allowed in such setbacks. These encroachments shall include roof overhangs, bay windows, utility system enclosures or screens, fences, trellises, walkways, and similar appurtenant structures. Furthermore, should any garage (structure intended for storage of electric powered vehicles, whether or not inclusive of a crofter or other habitable space) include an automatic fire sprinkler system, the structure shall be allowed within the applicable setback. In no event shall any overhang or encroachment extend across any property line, or over any street right-of-way. A fire sprinkler system shall be defined and installed as per NFPA 13; 13 (R), 13 (D).

   (5)   Amendments to this chapter, dated January 22, 1999, shall not apply to any subdivision approval for residential cluster housing use, as to which all requirements of this chapter, as of the date of approval of such subdivision, shall be applicable.

(Ord. No. 29, § 8.7, 8-17-1991; Ord. No. 2006-1001, 10-20-2006; Ord. No. 2007-1001-2, 10-26-2007; Ord. No. 2021-0607, § 1, 6-28- 2021; Ord. No. 2025-0403, § 1, 4-11-2025)

   A site development plan drawn to scale shall contain the following information for both multifamily and single-family dwelling and commercial properties:

   (1)   Multifamily:

      a.   The name of planned development;

      b.   The exact boundary lines of the planned development fully dimensioned by lengths and bearings, and the location on intersecting boundary lines of adjoining lands;

      c.   Scale denoted both graphically and numerically;

      d.   The plans for utility layouts, including sewers, storm sewers, water distribution lines, natural gas, telephone and electric service, illustrating connections to systems and/or sewage disposal systems. Plans must show line sizes, the location of fire hydrants, blow-offs, manholes, pumps, force mains, and gate valves;

      e.   Street names;

      f.   The location, purpose, and dimensions of areas to be used for purposes other than residential;

      g.   Minimum building setback lines;

      h.   The names of owners of adjoining properties and any adjoining subdivisions of record (or proposed and under review);

      i.   The location and dimensions of all rights-of-way, utility or other easements, riding trails, natural buffers, pedestrian or bicycle paths, and areas to be dedicated to public use with the purpose of each stated;

      j.   Right-of-way lines, and pavement widths of all streets and the location and width of all adjacent streets and easements;

      k.   Property lines, building or other structures, watercourses, bridges, culverts, storm drains, and water retention or detention areas on the land to be subdivided;

      l.   Sufficient engineering data to determine readily and reproducible on the ground every straight or curved boundary line, street line, lot line, right-of-way line, easement line, and setback line, including dimensions, bearing, or deflection angles, radii, central angles and tangent distances for the centerline of curved streets and curved property lines that are not the boundary or curved streets. All dimensions shall be measured to the nearest one-tenth of a foot and all angles to the nearest minute;

      m.   The accurate locations and descriptions of all monuments, markers and control points;

      n.   The deed restrictions or any other similar covenants proposed for the planned development, if any;

      o.   The date of the survey and plat preparation;

      p.   North arrow and declination;

      q.   The name and location of any property, within the planned development or within any contiguous property, that is listed on the U.S. Department of Interior's National Register of Historic Places; likewise any property that has been designated by local ordinances as an historic property pursuant to 160D-940 et seq.

      r.   The name, address, and telephone number of owner, registered surveyor, land planner, architect, landscape architect, and professional engineer responsible for the subdivision and the registration number and seal of the professional engineer and registered surveyor;

      s.   Flood hazard areas according to most recent FEMA flood insurance rate map stating date of map adoption;

      t.   Topographic information showing vertical contour every two feet;

      u.   Show boundaries of areas of environmental concern (CAMA), show boundaries of outstanding resource waters (DEM), and show COE 404 wetlands;

      v.   Total number and location of proposed dwelling units and other structures; total residential floor area; total height; total open space area;

      w.   An inventory of all trees of caliper greater than 12 inches at four feet above ground level, those existing and those to be removed;

      x.   Provisions for open space;

      y.   Any other information requested by the village planning board or council.

   (2)   Single-family. For all single lot development proposals, a site development plan, drawn to scale, shall contain the following information:

      a.   A perimeter survey showing:

         1.   The lot boundaries, the bearing and distance of each;

         2.   The location of applicable front, side and rear yard lines; adjacent streets;

         3.   Any and all existing structures showing the location thereof on the survey, as well as distances from the closest lot line;

         4.   Any and all proposed structures or proposed alteration or extension of an existing structure;

         5.   All existing and proposed structures and intended use;

         6.   Topographical information showing vertical contours every two feet;

         7.   Boundaries of areas of environmental concern as defined in the Coastal Area Management Act;

         8.   The 404 line as established by the U.S. Army Corps of Engineers and any other pertinent information necessary to determine compliance with the Coastal Area Management Act, Federal Emergency Management Act, and any other local, state, or federal statutes, ordinances or regulations applicable to the lot;

         9.   Proposed location of driveway;

      b.   The location and square footage of the proposed structure or addition thereof and its total height;

      c.   The total square footage of the lot;

      d.   The total square footage of the lot covered by impervious cover;

      e.   The type of sewage disposal system and proposed source of potable water;

      f.   A detailed site plan for the lot, which shall show the locations and types of naturally occurring vegetation and growth, including all trees thereon with a trunk equal to or greater than 12 inches in width at a height four feet above the ground, and the locations thereof. The drawing shall include the limit of construction line and proposals for restoration or relandscaping of any area of vegetation disturbed by the proposed use;

      g.   Such other information as may be required by the zoning officer concerning the lot as may be necessary to determine compliance of the proposed development of the site with this chapter; and

      h.   Planting plan.

   (3)   Nonresidential commercial. For nonresidential (commercial)all elements under subsection (1) a. through x. of this section.

   (4)   Vesting approval. Vesting provision-approval of a site development plan by the village council will vest a property with zoning rights applicable at that time. Such vesting approval is valid for a period of two years. This vesting is intended to carry out provisions of G.S. 160D-108.1 and site development plans as used in this chapter constitute site specific development plans under the statute.

(Ord. No. 29, § 8.8, 8-17-1991; Ord. No. 2021- 0607, § 1, 6-28-2021)

(Ord. No. 2011-1201, 12-16-2011; Ord. No. 2021-0607, § 1, 6-28-2021)