(A)

For the purpose of this section, land disturbing activity is defined as the use of any type logging equipment, commercial clearing equipment, bulldozers, backhoes, ditch diggers, cement or mixer trucks, logging trucks, or other heavy type equipment. Specifically excluded are bushhogs, riding mowers, lawn mowers or garden type tractors.

(B)

Prior to any land disturbing activities on any lot or parcel within the zoning jurisdiction of the Town, a security deposit, the amount to be determined by the Board of Commissioners, must be posted to cover any damages or problems that may occur as a result of the land disturbing activity. This sum shall be deposited with the Town Finance Officer. If the land disturbing activity is in connection to a project for which a building permit is in place, no deposit will be required.

(C)

The UDO Administrator will check the property both before and after the land disturbing activity. Upon his or her certification that the street, shoulder and right-of-way have suffered no damages or that the damages have been corrected and that no drainage problems that may require culverts have been created, the security deposit will be refunded. Where culverts are needed to ensure proper drainage, a minimum 12-inch culvert shall be properly installed. Should damages or drainage problems not be corrected to the satisfaction of the UDO Administrator this sum will be forfeited and the owner billed for any additional charges. In the event a building permit is in place for the project, a certificate of occupancy or compliance will not be issued until any damages have been corrected.

(1997 Code, § 6-1; Am. Ord. 99-08-06, passed 8-16-1999; Am. Ord. 2009-02, passed 2-16-2009; 2016 Code § 150.01)

All building permits and inspection services in the Town of Cape Carteret are provided by the Carteret County Planning and Development Department and are conducted in accordance with the North Carolina Building Code. Fire inspections in the Town are provided by Western Carteret Fire and EMS.

All tennis courts that are within 35 feet of the property line must have, at a minimum, a ten-foot fence on all sides that face the property line.

(Ord. 00-12-08, passed 12-18-2000; 2016 Code § 150.04)

(A)

All swimming pools and spas with a depth greater than 18 inches shall be surrounded by a four-foot barrier or enclosure; unless the swimming pool or spa has a lockable cover, in which case a barrier or enclosure is not required. A house or other structure located adjacent to the swimming pool or spa may be considered part of the barrier or enclosure. A barrier is not required on the waterside of a waterfront lot.

(B)

If the swimming pool or spa is located above ground and is four feet or taller on its exterior sides, then the structure itself shall be considered a barrier sufficient to meet the requirements of the preceding paragraph. Any steps or ladder used to access the above ground swimming pool or spa must, however, be made inaccessible from the swimming pool or spa when not in use.

(Ord. 00-12-08, passed 12-18-2000; 2016 Code § 150.05)

The provisions of this chapter and of the regulatory codes adopted in this chapter shall apply to the following:

(A)

The location, design, materials, equipment, construction, reconstruction, alteration, repair, moving, demolition, removal, use and occupancy of every building or structure or any appurtenances connected or attached to the building or structure;

(B)

The installation, erection, alteration, repair, use and maintenance of plumbing systems consisting of house sewers, building drains, waste and vent systems, hot and cold water supply systems, and all fixtures and appurtenances thereof;

(C)

The installation, erection, alteration, repair, use and maintenance of mechanical systems consisting of heating, ventilating, air conditioning and refrigeration systems, fuel-burning equipment and appurtenances thereof;

(D)

The installation, erection, alteration, repair, use and maintenance of electrical systems and appurtenances thereof; and

(E)

The installation, alteration, maintenance or repair of all insulating materials.

(1997 Code, § 6-31; 2016 Code § 150.20)

The North Carolina State Building Code, as adopted by the North Carolina State Building Code Council and as amended, is hereby adopted by reference as fully as though set forth in this section as the building code of the Town.

(1997 Code, § 6-32; 2016 Code § 150.21)

14.10.7.1. Compliance with State regulations.

(A)

All manufactured homes hereafter erected, enlarged, altered, repaired or otherwise constructed or reconstructed within the Town shall be completed in accordance with the most recent edition of the State of North Carolina Regulations for Manufactured Homes and Appendices as adopted and published by the North Carolina Building Code Council and as amended.

14.10.7.2. Manufactured Home as a Principal Use. In no case shall a manufactured home be allowed on a lot occupied by another manufactured home, another dwelling or another principal use.

14.10.7.3. Label of Compliance. Because manufactured homes are completed units prior to delivery to the Town, and thus cannot be locally inspected to be certain that all applicable building codes have been complied with, all manufactured homes hereafter located within the Town shall bear a label of compliance that ensures that the manufactured home was constructed in compliance with State Home Standard A119.1.

14.10.7.4. Foundations for Manufactured Homes. Foundations for manufactured homes shall be in compliance with State Home Standard A119.1.

14.10.7.5. Underpinning and/or Skirting. All manufactured homes shall be underpinned or skirted with concrete blocks, bricks or other durable material manufactured for this purpose within a period of 90 days after being placed on the property. Underpinning must be acceptable workmanship and be aesthetically compatible with the home. Ventilation shall be in accordance with the state building code.

14.10.7.6. Structural Additions. All structural additions will require a building permit and must be constructed in accordance with the state building code.

14.10.7.7. Parking of Manufactured Home. A manufactured home shall not be parked on a lot for a period that exceeds seven days without complying with the requirements of this chapter.

14.10.7.8. Permit Required.

(A)

Whenever an owner desires to place a manufactured home within the Town, he or she shall apply to the Building Inspector of Carteret County for an individual manufactured home permit. The permit shall state the following:

(1)

The name of the owner, his or her address, and the proposed location of the manufactured home;

(2)

The size of the manufactured home;

(3)

The manufacturer of the manufactured home;

(4)

The serial number of the label of compliance;

(5)

The year of manufacture;

(6)

The type of water and sewer system to be used; and

(7)

The size of the lot on which the manufactured home is to be placed.

(B)

The issuance of a permit does not in itself guarantee approval of the manufactured home.

(C)

If the Building Inspector finds that the owner will be in compliance with this section and with all other applicable laws when the manufactured home is ready for occupancy, he or she shall issue a manufactured home permit, which shall authorize the placement of the manufactured home in the Town. The Building Inspector shall charge a fee, the amount to be set by the Board of Commissioners, for issuance of the permit.

(D)

Thereafter the owner, when the manufactured home is ready for occupancy, shall notify the Building Inspector, who shall make a final inspection of the foundations, tie downs and other inspections which he or she deems necessary. He or she shall use state regulations on manufactured homes to guide him or her in his or her inspection. If the owner is found to be in compliance with this section, all state and federal regulations and all other ordinances of the Town, the Building Inspector shall issue an occupancy permit, which shall authorize occupancy of the manufactured home. No electrical power shall be applied to the manufactured home until the occupancy permit has been issued, and the manufactured home shall not be used for its intended purpose, temporary or permanent, until the occupancy permit is issued.

All regulations and procedures regarding building inspection and issuance of permits will be defined and executed by Carteret County. (G.S. 160D-702(c))

(1997 Code, §§ 44-86—44-93; Am. Ord. 2015-01-02, passed 1-12-2015; 2016 Code §§ 156.060—156.067)