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

   (1)   User by right. All listed permitted uses are permitted by right (P) or special standard (S) in each zoning district according to the table of uses contained in section 32-126.

   (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.

   (4)   Dimensional requirements and other regulations.

      a.   General building restrictions. Construction on numbered single-family lots within the development shall be governed by the following general minimum requirements:

         1.   All buildings shall be constructed in such a manner as to comply with the North Carolina Coastal Area Management Act and all regulations propounded pursuant thereto and the Federal Emergency Management Act and all regulations propounded pursuant thereto.

         2.   The exterior of all approved buildings located within this subdivision shall have been completed within six months after construction shall have been commenced and failure to complete the exterior of such buildings within the six-month period shall operate as a forfeiture of the permit granted.

      b.   Prohibited uses. It is the intent and purpose of the village to create a residential and commercial community of the highest quality and, at the same time, endeavor to retain the natural, unspoiled beauty now existing on the island; and, to that end, the following restrictions shall apply:

         1.   No fuel tanks or storage receptacles shall be exposed to public view. Trash and garbage receptacles may be located at appropriate locations on any lot so long as they are appropriately enclosed or screened as to exclude their exposure to the public.

         2.   Each lot owner within the development shall maintain and preserve his property in a clean, orderly and attractive appearance. Upon the failure on the part of any such owner to adhere to such proper, clean, orderly and attractive maintenance of his property, and upon ten days' written notice, the village may file a suit against such owner for specific performance.

         3.   No open or exposed storage, including junk or abandoned items of personal property, shall be maintained on any property within the village; no trash or refuse, including leaves shall be burned in an open incinerator within the development except by special permit.

         4.   No animals, livestock or poultry of any kind shall be raised, bred, or kept within the village, except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose, and are kept under control by the owner at all times.

         5.   In an effort to effectively control obnoxious insects and pests, the village reserves the right to enter upon any residential lot and use such measures as are generally recommended for effecting such controls.

         6.   The drilling of private wells for residential irrigation or potable water purposes where a public or private utility service is available is expressly prohibited.

      c.   Regulations affecting construction.

         1.   Prior to the initiation of any construction of any structure by any person, such person shall:

            i.   Obtain a building permit;

            ii.   Place marl on access driveway; and

            iii.   Erect snow fence and stabilize at limits of construction immediately after installation of pilings.

         2.   Each structure constructed shall meet each of the following criteria in addition to complying with all applicable state and local laws and regulations applicable thereto prior to the issuance by the building inspector of a certificate of compliance:

            i.   All inspections conducted and passed by the building inspector:

            ii.   All landscaping is complete and conforms to the preapproved plans and permit thereof;

            iii.   Water and sewer available;

            iv.   Minimum eight-inch by eight-inch pilings shall be required as supporting members for any structure;

            v.   The "contractor" shall provide an eight-foot-wide minimum driveway with a "trafficable surface". If marl surfaces or other loose material are used for the driveway, it shall all be edged with concrete, wood, brick or another approved material. A concrete apron, 16 feet wide at the street, tapering to the width of the driveway, is required. A pressure treated pine or equivalent wood edging, a minimum of four inches by six inches, shall be used at all times to encase the required concrete apron: and

            vi.   Two guest parking spaces off the street;

            vii.   Six feet deep by six feet wide at road by eight feet wide at drive all weather apron;

            viii.   All exterior lights shall be baffled lights, low profile luminaries, permitted pole lighting, or approved freestanding baffled lighting and located more than 100 feet landward of the stable line of natural vegetation. New construction of commercial uses, and improvements to existing commercial uses shall install adequate lighting to promote safety measures, due to increased population and traffic in such areas, as determined by the village manager or building inspector. Provisions for such lighting shall be installed prior to issuance of a certificate of occupancy for the commercial structure. Floodlights, or other unshielded lights are strictly prohibited. All lighting must comply with chapter 10, article III, of this Code.

            ix.   All trash can receptacles must be animal-proofed and immediately accessible from the driveway;

            x.   Beach walks four feet wide and no more than one foot above grade and must comply in all respects with section 28-34 of this Code;

            xi.   All utility elements (HVAC, solar, etc.) screened to match house screening and colors and shall be located above the base flood elevation except that electric meter boxes may be located below base flood when such evacuation would require placing meter face more than six feet above grade;

            xii.   No visible antennas;

            xiii.   All new construction will install water saving devices in plumbing fixture units; and

            xiv.   A certificate of elevation shall be obtained and forwarded to the building inspector as soon as the governing structure is in place.

(Ord. No. 29, §§ 10.1--10.4, 8-17-1991; Ord. of 3-18-2000; Ord. No. 2006-001, 1-20-2006; Ord. No. 2021-0607, § 1, 6-28-2021)