14.14.1.1. Purpose.

(A)

The purpose of this subchapter is to provide increased opportunities for access to the waters of Bogue Sound for recreational purposes. This chapter provides regulations for permitting by strictly limited marinas, boat docks and boat ramps in designated zoning districts.

(B)

Most waterfront properties within the Town are within residential zoning districts. As a result, while increasing opportunities for Bogue Sound access, the Town is strictly limiting marina and related facilities so as to minimize the burden on surrounding residential areas in terms of increased traffic, noise, pollution and aesthetics.

(C)

Further, it is the goal of the Town to preserve the water quality of Bogue Sound and its adjacent waters.

14.14.1.2. Permits and Fees.

(A)

No boat dock or boat ramp shall be erected or operated except in zoning districts where they are permitted uses and then in strict compliance with this subchapter upon the issuance of a water facility permit and a building permit.

(B)

The owner of a boat dock or boat ramp shall apply for a water facility permit. The application shall be filed with the Town official charged with administering this subchapter.

(C)

Each application for a water facility permit shall be accompanied with the following:

(1)

Plans drawn to scale that shall indicate the proposed site of the boat dock or boat ramp by identifying the owner by name, address and telephone number, and if applicable, the lessee by name, address and telephone number;

(2)

Plans drawn to scale that shall show the location of the boat dock or boat ramp in relation to property lines, zoning district boundaries, right-of-way lines, utility and drainage easements and lines and all structures, including houses, piers, docks, pilings, bulkheads, seawall, and the like, within 50 feet of the proposed boat dock or boat ramp;

(3)

Plans drawn to scale that shall show the location of all improvements the applicant wishes to construct, including docks, piers, seawalls, bulkheads, pilings, boat slips, ramps, parking areas and landscaping, the elevations of all structures the applicant seeks to construct, a description of the construction materials for the proposed improvements, and a copy of a valid CAMA permit for the proposed construction.

(D)

The applicant for a water facility permit shall pay to the Town an application fee as shown in the Town's approved fee schedule in addition to the customary charges for building and other permits.

(E)

Individual boat docks are not required to obtain a water facility permit; however, a residential zoning permit and a building permit must be obtained in addition to a CAMA permit prior to the start of any construction.

14.14.1.3. Permitted Boat Docks and Boat Ramps and Limitations Thereon.

(A)

Generally. Boat docks and boat ramps described in this section are permitted within the Town in the zoning districts where they are permitted uses. The provisions of this section are applicable to boat docks and boat ramps as specified.

(B)

Limit on docking facilities. Boat docks shall provide docking or mooring space for a maximum of ten small boats. Boat ramps shall not provide for the docking or mooring of any boat or watercraft, except for the temporary use necessary for the loading/unloading of boats.

(C)

Land requirement for boat docks. For each boat slip, and for each 20 lineal feet of dock, pier, seawall or bulkhead not divided into boat slips, but capable of mooring a boat, each boat dock shall contain at least 2,000 square feet of contiguous land.

(D)

Land requirement for boat ramps. Each boat ramp shall contain a minimum of 10,000 square feet of contiguous land plus additional square footage as is necessary to satisfy the setback and buffer requirements of this subchapter.

(E)

Maximum length of boats. Boat slips and mooring facilities will be designed and constructed so that the maximum length of a boat docking at the facility will be 25 feet. No boats exceeding 25 feet will be permitted to dock or moor at a marina, boat dock or boat ramp within the Town unless larger boats are approved by the Town for a specific docking facility. If the Town official charged with administering this subchapter determines that a docking facility contains slips large enough to accommodate larger boats, then the maximum boat size permitted will be specified in writing for the slip. This event constitutes "Town approval." In the event that a boat is found to be too large for a permitted boat slip, then "Town approval" may be revoked.

(F)

Sanitary facilities. No shower or bath facilities will be permitted in connection with a boat dock. Covered containers for garbage, trash and refuse will be provided at convenient locations, and regular pickup and disposal of garbage, trash and refuse will be provided by the boat dock owner.

(G)

Utilities on docking and mooring facilities. Each boat slip at a boat dock may be provided one 120-volt electrical outlet. Each boat dock may provide an area and one freshwater faucet for purposes of washing down boats moored at the facility and each boat ramp, including a boat ramp incorporated in a boat dock, for purposes of washing down boats using the facility. No other utilities, including but not being limited to sewage lines and services, water lines, electric lines, telephone lines and gas lines, are permitted on the docking facilities.

(H)

Fuel prohibition. No fueling facilities, including storage tanks or lines, either permanent or temporary, shall be located within 500 feet of navigable water. Transfer of fuels from tank trucks or vehicles to boats is prohibited.

(I)

Commercial activity prohibited. Activities that are commercial in nature are not permitted in connection with any boat dock or boat ramp. However, the renting or leasing of boat slips and the collection of fees for the launching or recovering of boats is permitted.

(J)

Dry storage prohibited. No facilities for storing boats or other watercraft on land shall be permitted, and no boat or other watercraft may be kept on land at any boat dock or boat ramp for more than one hour.

(K)

Residential prohibition. No person shall be allowed to reside on any boat docked within the zoning jurisdiction of the Town. As used in this chapter, reside means to inhabit a boat for more than 72 hours within a two-week period.

(L)

Parking. For each boat dock, a minimum of one parking space on the land contiguous to the docking facilities shall be provided for each boat slip.

(M)

Setbacks. Piers, docks, boat slips, pilings, boat ramps, parking areas, and any other structure or improvement in connection with a boat dock or boat ramp (except seawalls or bulkheads and fences required by this chapter) shall be set back at least 15 feet from adjoining residential properties as measured along with water line. The setback of these boat dock or boat ramp facilities and improvements from other property lines, such as streets and parks, shall be 20 feet. Setbacks can be reduced to zero feet when there is common ownership with the adjoining owners in the boat dock or boat ramp or when a waiver is obtained from the adjacent property owner(s) allowing for a pier or dock to encroach into the 15-foot setback.

(N)

Buffer. The land appurtenant to each boat dock or boat ramp shall be buffered along any common border with residential properties a minimum of ten feet of vegetation and the height of screening within the buffer shall not exceed four feet.

(O)

Lighting limitation. Area lights, including streetlights and floodlights, shall be directed or focused away from residential areas and shall not constitute a nuisance to adjoining residential areas.

(P)

Limit on floating homes. No houseboat or floating home shall be moored at any boat dock for more than 72 hours.

14.14.1.4. Permitted Zoning Districts. Boat docks or boat ramps are permitted uses in zoning districts R-10, R-10M, R-13, R-20, and R-30 subject to all of the requirements of this chapter.

14.14.1.5. Nonconforming Development. Boat docks and boat ramps that were permitted prior to the adoption of this subchapter may be repaired or rebuilt only to the extent that they were damaged or removed. Any development greater than what was originally permitted requires the entire site to be brought to current standards.

(1997 Code, §§ 42-31, 42-33, 42-34, 42-36; Ord. 2008-02, passed 4-21-2008; Ord. 2009-11, passed 4-20-2009; Am. Ord. 2010-01, passed 2-8-2010; Am. Ord. 2015-01-01, passed 1-12-2015; 2016 Code § 155.01 et seq; Ord. 2017-06-02, passed 6-12-2017; Ord. 2018-05-02, passed 5-14-2018)

14.14.2.1. Purpose. The purpose of this subchapter is to regulate the activities of boats or other watercraft in the navigable waterways of Bogue Sound. Furthermore, it is the goal of the Town to preserve the water quality of Bogue Sound in ensuring access to those navigable waterways.

14.14.2.2. Anchoring. No boat, watercraft, or other vessel, other than those engaged in waterway maintenance or repair, shall be permitted to remain at anchor in any navigable waterway for any period of time in excess of eight hours, or be secured to any bridge piling, directional sign, and the like, except in emergency situations, or as safety dictates under adverse weather conditions. Penalty, see § 14.14.2.12

14.14.2.3. Speed. Boats shall be operated in a safe manner at all times, with due regard for the safety of persons and property. Penalty, see § 14.2.12

14.14.2.4. Discharging and Dumping. No solid, vegetable, or organic material of any kind, including material discharged from a boat head and including water used for laundering purposes or chemically polluted water, shall be deposited, discharged, or dumped in any waters of the Town, except for the remains of fish or shellfish, but not to include the shells. Penalty, see § 14.14.2.12

14.14.2.5. Living Aboard. It shall be unlawful for any person or persons to live aboard any boat, watercraft, or other floating structure in any navigable waterway, public trust area, or estuarine waters within the Town. Penalty, see § 14.14.2.12

14.14.2.6. Investigation. The Chief of Police, upon notice from any person or upon the Police Chief's own investigation, shall determine whether, in fact a violation of Sections 14.14.2.2 through 14.14.2.5 has occurred or is occurring.

14.14.2.7. Notice of Violation. Upon a determination that a violation has occurred or is occurring, the Chief of Police shall notify, by certified mail, the owner, occupant or person in possession of the boat in question, of the nature of the violation and shall order the prompt abatement thereof within ten days from the receipt of written notice.

14.14.2.8. Owner May Request Hearing.

(A)

Within seven days from receipt of the notice provided for in Section 14.14.2.7, the owner, occupant or person in possession of the boat may request a hearing before the Chief of Police. The Chief of Police, upon receipt of the hearing request, shall fix a time for the hearing, and the initial abatement order shall be temporarily suspended pending the hearing. At the hearing, the individual affected by the order shall be given the opportunity to present evidence to refute the findings which supported the abatement order.

(B)

Upon completion of the hearing, the Chief of Police shall:

(1)

Affirm the original order of abatement;

(2)

Modify the original abatement order; or

(3)

Revoke the initial abatement order.

14.14.2.9. Abatement by Town.

(A)

Upon the occurrence of either of the following conditions, the Chief of Police shall cause the condition to be removed or otherwise remedied by having employees or agents of the Town remove the boat under the Police Chief's supervision:

(1)

A hearing is requested and held under Section 14.14.2.8, resulting in either an affirmation of the original order of abatement or modification of the order, and either the order is not complied with;

(2)

Having considered an appeal from the order of the Chief of Police, the Town Board of Commissioners, pursuant to Section 14.14.2.10 has affirmed the original order, or modified the same, but the abatement order has not been complied with; or

(3)

No hearing has been requested or, the owner, occupant or person in possession of the boat having requested the hearing fails to attend, and the person having been ordered to abate a violation fails, neglects, or refuses to abate or remove the violation within ten days from the receipt of the order.

(B)

Any person who has been finally ordered to abate a violation may, within the time allowed by this section, request the Town in writing to remove the condition, the cost of which shall be paid by the person making the request. However, the Town is not obligated to remove the condition, even if requested by the person subject to the abatement order, and the person requesting removal of the condition by the Town is not relieved of his or her obligation to act by requesting Town action.

14.14.2.10. Appeal to Town Board.

(A)

Within 7 days from the receipt of the decision of the Chief of Police the person ordered to abate a violation may request in writing, filed with the Town Clerk, a hearing before the Town Board of Commissioners. An appeal pursuant to Section 14.14.2.8 is a prerequisite to a request for a hearing under this section.

(B)

The Town Clerk will forward a copy of the request to the Mayor who shall fix a time for the hearing.

(C)

The abatement order issued by the Chief of Police shall remain in full force and effect unless temporarily suspended by the Mayor pending the Town Board hearing.

(D)

At the hearing, the individual affected by the order shall be given the opportunity to present evidence to refute the findings which supported the abatement order. Upon completion of the hearing, the Town Board shall:

(1)

Affirm the abatement order;

(2)

Modify the abatement order; or

(3)

Revoke the abatement order.

14.14.2.11. Cost of Removal by Owner; Lien.

(A)

The actual cost incurred by the Town in towing, storing or otherwise remedying a violation shall be charged to the owner of the boat. It shall be the duty of the Chief of Police to mail a statement of the charges to the owner or other person in possession of the boat with instructions that the charges are due and payable within 30 days from receipt thereon.

(B)

In the event charges for the removal or abatement of a violation are not paid within 30 days after receipt of a statement of charges, the charges shall become a lien upon the boat.

14.14.2.12. Penalty.

(A)

Any violation of any provision of this chapter shall subject the violator to a civil penalty in the sum of $50.00 per day. A citation for the civil penalty shall be issued by the Police Department. Each citation for a civil penalty must be paid within 72 hours of issuance. Each day that the violator continues in violation shall be a separate and distinct offense.

(B)

The procedure set forth in subsection (A) above shall be in addition to any other remedies that may now or hereafter exist under state law or this chapter and this chapter shall not prevent the Town from proceeding in a criminal action against any person violating the provisions of this chapter as provided in G.S. 14-4.

(Ord. 00-08-05; Am. Ord. 2012-03-01, passed 3-19-2012)