The Town may establish regulations or guidelines which shall govern all applications under this Unified Development Ordinance after their adoption including: authority to file applications; application contents; application review procedures and schedules; application and review fees; pre-application and meeting requirements; and determinations of application completeness. Any application for a development approval may be made by the landowner, a lessee or person holding an option or contract to purchase or lease the land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement. (G.S. 160D-403(a))

The UDO Administrator may refuse to process any application that the UDO Administrator determines to be incomplete unless and until the applicant has submitted any missing information or materials. If the UDO Administrator determines that an application is incomplete, he or she shall notify the applicant of the specific missing information or materials.

Before adopting, amending, or repealing any ordinance or development regulation, the governing board shall hold a legislative hearing. A notice of the hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten days nor more than 25 days before the date scheduled for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included. (G.S. 160D-601)

A development regulation adopted pursuant to this Chapter shall be adopted by ordinance. (G.S. 160D-601)

The UDO Administrator, Planning Board or Board of Commissioners may approve development applications with conditions to ensure compliance with the general goals and intent of this Ordinance or using the standards outlined in this Ordinance in order to promote the health, safety and welfare of the community, mitigate negative impacts on surrounding properties or the natural environment and protect the value, use and enjoyment of property in the general vicinity.

All conditions must be attainable, precisely set forth in the permit approval, and proportionate to the impact the development would have on the surrounding property and environment.

Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to this Ordinance and G.S. 160D attach to and run with the land. (G.S. 160D-104)

(A)

No residential or commercial use lasting more than 72 hours, nor shall any construction, nor the location of any structure, building or manufactured home, be allowed on any lot, nor shall a well or septic tank be installed on any lot, until the Town has issued a zoning permit. The UDO Administrator shall issue a zoning permit upon application of the lot owner or his or her agent if the staff determines that the proposed use is in compliance with the provisions of this chapter. The application for a zoning permit shall be on a form approved by the Town and shall include information as may be necessary to enable the UDO Administrator to determine that the proposed activity is in compliance with this chapter.

(B)

Building, plumbing, electrical, heating, air conditioning and refrigeration permits and any other permit required by the regulatory codes adopted in this chapter or any permits required by state law shall be obtained from the Building Inspector of Carteret County prior to beginning any construction, repair or alteration regulated by codes or state law.

(C)

A zoning permit issued pursuant to this chapter shall expire six months after the date of issuance if work authorized by the permit has not been commenced. If after commencement the work is discontinued for a period of 12 months, the permit therefor shall immediately expire. No work authorized by any permit that has expired shall thereafter be performed until a new permit has been obtained.

(1997 Code, § 44-187; 2016 Code § 156.116)

A zoning permit must be issued by the UDO Administrator prior to any lot clearing and/or grading activities (including cut and/or fill) performed by large earth moving equipment, any new construction, any expansion or enlargement of existing structures, any construction or installation of accessory structures, any driveway installation or improvement, any sign erection or modification, and any fence installation.

(A)

For lot clearing and/or grading activities (including cut and/or fill), the application for a no-cost zoning permit must include the following:

(1)

Site plan drawn to scale.

a.

Site plan must include proposed area planned for lot clearing and/or grading activities (including cut and/or fill),

b.

Identify any adjacent water bodies if applicable.

(2)

Approved CAMA permit or affirmation of intent to secure CAMA permit if applicable.

(B)

For new construction and for expansion or enlargement of existing structures, the application for a zoning permit must include the following:

(1)

Survey stamped by a NC Licensed Surveyor.

(2)

Site plan drawn to scale.

a.

Site plan must include square footage of proposed structure

b.

Identify setbacks from property lines.

c.

Show driveway and indicate dimensions including culvert pipe size.

d.

Indicate septic tank location.

e.

Label name of street frontage.

f.

Identify any adjacent water bodies if applicable.

g.

Location and size of any accessory structures on lot.

h.

Show easements locations.

i.

Impervious surface area calculations.

(3)

Floor plans labeled with each of the rooms and any other applicable information.

a.

Must show BFE + two feet freeboard, as applicable.

(4)

Approved Septic Permit or affirmation of intent to obtain a valid Septic Permit.

(5)

Approved CAMA Permit or affirmation of intent to obtain a CAMA Permit, if applicable.

For accessory structures and decks, including sheds, generators, patios and decks, the application for a zoning permit must include the following:

(A)

Site plan drawn to scale.

(1)

Dimensions of accessory structure.

(2)

Location of property lines, streets, rights-of-way.

(3)

Location of primary structure.

(4)

Location of septic tank/septic system.

(B)

Proposed use of structure.

(C)

Elevation Certification if applicable.

(D)

CAMA permit if applicable.

For new driveways, the application for a zoning permit must include the following:

(A)

Site plan drawn to scale.

(1)

Dimensions of driveway.

(2)

Identify any existing drainage ditches.

(3)

Identify the location of the Town's right-of-way.

(4)

Size of culvert.

(5)

Contacted public works.

(6)

NCDOT driveway permit, if applicable.

For new signs, the application for a zoning permit must include the following:

(A)

Rendering of proposed sign at proposed location.

(B)

Drawing of sign - must be to scale.

(C)

Illumination level of the sign in NITS - indicate daytime and nighttime if applicable.

(D)

Site plan depicting sign location.

(1)

Show Town's right-of-way.

(2)

Show property lines.

(E)

DOT encroachment agreement, if applicable.

For new fences, the application for a zoning permit must include the following:

(A)

Site plan drawn to scale.

(1)

Identify height of fence.

(2)

Location of utility easements that fence may block or impede.

(3)

Identify Town's right-of-way.

(4)

Type of fence.

(Ord. of 2-10-2025(2), § 1)

Property owners may reside in an RV or Camper located on their lot while their home is being repaired following a natural disaster which has caused their primary residence to become uninhabitable subject to the following requirements:

(A)

A Zoning Permit is required for all RVs and Campers that will be utilized as a temporary dwelling unit subject to this ordinance.

(B)

RVs or Campers shall not be used as temporary dwelling units for a period of time longer than six months; the Zoning Code Administrator may approve an extension of up to six months.

(C)

RVs or Campers must be located on the property on which the principal building is being repaired or reconstructed.

(D)

Only one RV or Camper is permitted per lot during the repair and reconstruction period.

(E)

A Certificate of Occupancy shall not be issued until the RV or Camper has been disconnected from power, water, and the septic system.

(F)

RVs or Campers must adhere to all applicable local, state, and federal laws and must obtain all applicable permits for the connection of power, water, and septic.

(G)

RVs or Campers must be located within the property boundaries and must not be located in the Town's right-of-way.

(H)

If an RV or Camper is re-connected to power, water, or a septic system at any point after the zoning permit issued in conjunction with this ordinance has expired; or if an RV or Camper is used in any manner inconsistent with this section the owner of the property where the violation has occurred shall be subject to a civil penalty in the amount of $50.00 per day with each day that a violation continues constituting a separate and distinct offense.

(2016 Code § 156.127; Ord. 2018-11-01, passed 11-7-2018)

(A)

A building permit must be issued by the Building Inspector of Carteret County prior to any structural addition or alteration to any building; prior to any construction, including earth moving; or where any work involves plumbing, electrical, heating, air conditioning, insulation, or refrigeration permits as may be required by the state building code.

(B)

Each application for a building permit must follow all Carteret County requirements.

(A)

If the enforcement officer finds that any dimensional requirement in Appendix A has not been specifically adhered to, but that such deviation was the result of a good faith error and that said error would not adversely impact an adjoining property, he may permit a dimension deviation up to and including one foot on the front setback and four inches on side or rear setback with a fee as specified in the Town of Cape Carteret Fee Schedule.

(B)

Only one dimension deviation per building may be allowed. A request for approval must be made on an application form provided by the Town and be accompanied by an application fee in the amount specified in the Town of Cape Carteret Fee Schedule.

(Ord. 2009-06, passed 4-20-2009; 2016 Code § 156.082)

Where the owner, or his or her successor in title thereto, of a lot consisting of one or more lots of official record in any district on January 1, 2024, does not own sufficient land to enable him or her to conform to the minimum lot size requirements imposed by this chapter, the lot may be used as a building site, provided the other requirements of the district are complied with or a variance is obtained from the Zoning Board of Adjustment.

(1997 Code, § 44-121; 2016 Code § 156.080; Ord. of 3-11-2024, § 1)

(A)

It shall be the policy of the Town to limit the runoff from any developed property to the amount of runoff that would naturally occur prior to the development of the property to the extent practicable.

(B)

Prior to issuing a permit for any construction or land clearing, the appropriate Permit Officer shall examine the plans to determine whether or not the plans will likely result in stormwater, heat pump, sump pump or other induced runoff in an amount that may negatively impact adjoining properties, streets or rights-of-way or the water quality of receiving waters. If the Permit Officer determines there is reasonable likelihood to believe the adverse impact may occur, the Permit Officer shall require of the permit applicant a written report from a qualified engineer selected and employed by the applicant describing the increase in runoff attributable to the proposed activity and any potential short-term or long-term problems to adjoining properties, streets or rights-of-way, or water bodies that might result from the activity. The engineering report shall further list alternatives for the disposition of stormwater to minimize impacts. Following receipt of the report, a permit for the requested activity shall be issued only if, upon the reasonable opinion of the Permit Officer, the following criteria are met:

(1)

The proposed activity or use has been designed in a way as to minimize any potential adverse impact from runoff; and

(2)

To deny the permit would deny the owner of the property unreasonably a right of utilization of the property for uses otherwise allowed under applicable ordinances of the Town.

(1997 Code, § 44-189); 2016 Code § 154.062)

A certificate of occupancy, issued by Carteret County, shall be applied for when construction is completed, and all provisions of this chapter and the state building code have been complied with.

(1997 Code, § 44-191; 2016 Code § 156.120)

All fees for development permits shall be as adopted by the Board of Commissioners and made publicly available on the Town website.

The Town will administer and enforce the Coastal Area Management Act (CAMA) local management program for the implementation and enforcement of Minor Development Permits adopted pursuant to the CAMA by the Coastal Resources Commission (CRC) through guidelines, standards and rules as detailed in Appendix C, CAMA - A Local Management Program for the Implementation and Enforcement of Minor Development Permits in Areas of Environmental Concern.

(Ord. of 9-9-2024, § 1)

Editor's note— Section 1 of an ord. adopted September 9, 2024, amended § 14.8.16 in its entirety to read as herein set out. Former § 14.8.16 pertained to CAMA permit.

Editor's note— Section 2 of an ord. adopted September 9, 2024, repealed § 14.8.17, which pertained to implementation and enforcement program for minor development permits in areas of environmental concern.

(A)

Variances. When unnecessary hardships would result from carrying out the strict letter of a zoning regulation, the Board of Adjustment shall vary any of the provisions of the zoning regulation upon a showing of all of the following:

(1)

Unnecessary hardship would result from the strict application of the regulation. It is not necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

(2)

The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.

(3)

The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance is not a self-created hardship.

(4)

The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved.

No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. Any other development regulation that regulates land use or development may provide for variances from the provisions of those ordinances consistent with the provisions of this subsection.

(2019-111, § 2.4; 2020-3, § 4.33(a); 2020-25, §§ 17, 50(b), 51(a), (b), (d).)

14.8.19.1. About Special Use Permits. Special uses are land uses that are generally compatible with other land uses permitted by right in a zoning district, but which require individual review of their location, design, and configuration to evaluate and minimize the potential for adverse impacts on adjacent property and uses. Special uses ensure the appropriateness of the use at a particular location within a given zoning district. Uses requiring a Special Use Permit are noted in the Table of Permitted and Special Uses (Section 14.11.5 of this ordinance).

It is the intent of this section to only permit special uses that do not have adverse impacts on the health, safety, and general welfare of the Town, and that are consistent with the adopted Comprehensive Plan.

14.8.19.2. Application Procedure. A Special Use Permit is a quasi-judicial procedure and must be conducted in accordance with G.S. 160D-406.

(A)

Pre-Application Meeting: Every applicant for a Special Use Permit is required to meet with the UDO Administrator in a pre-application conference prior to the submittal of a formal application. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.

(B)

Required Application Information: An application for a Special Use Permit may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application. Each application for a Special Use Permit shall contain, at a minimum, a site plan as described in Section 14.8.8 of this UDO. Other information necessary to show that the use or structure complies with the standards set forth in this ordinance shall also be provided.

(C)

Determination of Compliance: The UDO Administrator shall review the application to ensure that it is complete, prepare a report and recommendation on the application, and schedule the matter for a public hearing before the Board of Commissioners.

(1)

Consideration on the matter. The UDO Administrator shall submit the report to the Board of Commissioners for their consideration. The Planning Board shall review the application materials and develop a Statement of Consistency that shall address the consistency or inconsistency of the proposed SUP with the Town's Comprehensive Plan. The Planning Board shall submit their Statement of Consistency to the Board of Commissioners in writing in advance of the public hearing at the Board of Commissioners meeting. Any Planning Board discussion at a public meeting will not constitute a public hearing on the SUP application. If no Statement of Consistency is received from the Planning Board within 45 days of its first consideration on the matter, the Board of Commissioners shall proceed in its consideration of the matter without a Statement of Consistency from the Planning Board.

14.8.19.3. Consideration by the Board of Commissioners.

(A)

Public Notification: Notice of public hearing in advance shall be provided, consistent with Section 14.9.4 of this UDO.

(B)

Review and consideration by the Board of Commissioners: Following receipt of a recommendation from the UDO Administrator, or after 45 days from the date that the complete application was submitted if no recommendation is received, the Board of Commissioners shall conduct a public hearing on the matter. Upon reviewing all of the pertinent information, the Board of Commissioners may approve, deny or approve with conditions the Special Use Permit.

(C)

Review Period: The Board of Commissioners shall take action (approve, deny, or approve with conditions) within 65 days of the public hearing on the matter. Should the Board of Commissioners fail to act on the Special Use Permit application within the prescribed period, the application shall be considered approved.

(D)

Findings of Fact: In addition to determining that the application meets all other requirements of this ordinance the Board of Commissioners must find the following in order to grant approval of a Special Use Permit:

(1)

The proposed special use conforms to the character of the neighborhood, considering the location, type and height of buildings or structures and the type and extent of landscaping on the site.

(2)

The proposed use will not cause undue traffic congestion or create a traffic hazard.

(3)

The proposed use will have the ability to obtain adequate connections to water, sewer, wastewater, drainage, electric and others as required.

(4)

The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas.

(5)

The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property.

(6)

The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare.

(7)

The proposed use will not substantially injure the value of adjoining or abutting property.

(8)

The proposed use is consistent with the officially adopted plans and policies of the Town.

(E)

Additional Standards for Special Uses in Special Flood Hazard Area: Applications for Special Use Permits in Special Flood Hazard Areas as defined in Chapter 15 of this Ordinance shall be subject to the following additional standards of review:

(1)

The Board of Commissioners shall determine the specific flood or erosion hazard of the site and shall evaluate the suitability of the proposed use in relation to the flood hazard.

(2)

In passing upon such applications, the Board of Commissioners shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance and:

a)

The danger that material may be swept onto other lands to the injury of others.

b)

The danger to life and property due to flooding or erosion damage.

c)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

d)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

e)

The importance of the services provided by the proposed facility to the community.

f)

The necessity to the facility of a waterfront location, where applicable.

g)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

h)

The compatibility for the proposed use with existing development anticipated in the foreseeable future.

i)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

j)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

k)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

l)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

(F)

Additional Conditions: The Board of Commissioners may place conditions on the use as part of the approval to assure that mitigation measures are associated with the use. The conditions shall become part of the Special Use Permit approval and shall be included in the final site plan application.

14.8.19.4. Standards for the Conduct of Quasi-Judicial Proceedings.

(A)

Contact with Board of Commissioners Members: Contact with any members of the Board of Commissioners prior to the public hearing by any individual regarding the matter is prohibited.

(B)

Conflicts of Interest: A member of the Board of Commissioners shall not participate in or vote on a quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.

(C)

All Participants to be Sworn In: All participants in the public hearing shall be duly sworn in prior to the submission of any testimony.

(D)

Competent Evidence Required: All decisions shall be based on competent evidence entered in as part of the record. The term "competent evidence," as used in this subsection, shall not preclude reliance by the decision-making board on evidence that would not be admissible under the rules of evidence as applied in the trial division of the General Court of Justice if (i) the evidence was admitted without objection, or (ii) the evidence appears to be sufficiently trustworthy and was admitted under such circumstances that it was reasonable for the decision-making board to rely upon it. The term "competent evidence," as used in this subsection, shall not be deemed to include the opinion testimony of lay witnesses as to any of the following:

(1)

The use of property in a particular way would affect the value of other property.

(2)

The increase in vehicular traffic resulting from a proposed development would pose a danger to the public safety.

(3)

Matters about which only expert testimony would generally be admissible under the rules of evidence.

(E)

Cross-Examination Permitted: The cross-examination of witnesses submitting testimony shall be permitted upon request.

14.8.19.5. Standards for Decisions. The Board of Commissioners shall ensure that the rights of petitioners have not been prejudiced because of the Board's findings, inferences, or conclusions. In addition such decision shall not be:

(A)

In violation of constitutional provisions, including those protecting procedural due process rights.

(B)

In excess of the statutory authority conferred upon the Town or the authority conferred upon the Board by ordinance.

(C)

Inconsistent with applicable procedures specified by statute or ordinance.

(D)

Affected by other error of law.

(E)

Unsupported by substantial competent and material evidence in view of the entire record.

(F)

Arbitrary and capricious.

14.8.19.6. Record of decision.

(A)

The following shall become part of the official record of decision:

(1)

Documents and exhibits submitted as part of the application or during testimony

(2)

Meeting minutes

(B)

Transcript of Audio/Video of Meetings: Any party may request, at their expense, a transcript of the proceedings from any recorded audio/video.

14.8.19.7. Notice and effect of decisions.

(A)

Notice of the decision of the Board of Commissioners regarding the Special Use Permit application shall be reduced to writing and signed by the chair or other duly authorized member of the Board. The decision is effective upon filing the written decision with Town Clerk. The decision of the Board shall be delivered within a reasonable time by personal delivery, electronic mail, or first-class mail to the applicant, landowner, and any person who has submitted a written request for a copy prior to the date the decision becomes effective. The Clerk shall certify to the local government that proper notice has been made, and the certificate shall be deemed conclusive in the absence of fraud.

(B)

Appeals: An appeal from the decision of the Board of Commissioners regarding a Special Use Permit application may be made by an aggrieved party and shall be made to the Superior Court of Carteret County in the nature of certiorari. Any such petition shall be filed with the clerk of the superior court within 30 days after the decision of the Board is filed with the Town Clerk, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the secretary or chairman of the Board at the time of its hearing of the case, whichever is later. The decision of the Board may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested.

(C)

Permit Validity: Special Uses that have been granted approval must begin site development within two years following approval or the approval becomes invalid.

(D)

Permit Extension: The Board of Commissioners may grant one extension of this time period of up to one year upon submittal by the applicant of sufficient justification for the extension. Sufficient justification may include, but is not limited to, delays in other outside agency permits, financing institution delays, or other similar reasons beyond the control of the applicant.

14.8.19.8. Modifications to Special Use Permit.

(A)

Substantial Changes: Any substantial change to a Special Use Permit as noted below shall be reviewed by the UDO Administrator and approved or denied by the Board of Commissioners as an amended a Special Use Permit. The following changes to a Special Use Permit shall require approval by the Board of Commissioners:

(1)

Modification of special performance criteria, design standards, or other requirements specified by the Special Use Permit.

(2)

A change in land use or development type beyond that permitted by the approved Special Use Permit.

(3)

When there is introduction of a new vehicular access point to an existing street, road or thoroughfare not previously designated for access.

(4)

When there is an increase in the total number of residential dwelling units originally authorized by the approved Special Use Permit.

(5)

When the total floor area of a commercial or industrial classification is increased more than ten percent beyond the total floor area last approved by Board of Commissioners. Changes of less than ten percent may be approved by the UDO Administrator.

(6)

Any change which alters the basic development concept of the Special Use Permit.

(B)

Minor Changes: Minor changes to an approved Special Use Permit may be approved administratively, by the UDO Administrator, in accordance with G.S. 160D-705(c), provided that the minor changes do not constitute a change in use or density, nor any modification that must be approved by the Board of Commissioners.

14.8.19.9. Written Consent of Applicant. The applicant and property owner must provide written consent to the Town ensuring that any and all terms incorporated into the Special Use Permit are acceptable and will be complied with before the final Permit is issued. (G.S. 160D-1402(k) and G.S. 160D-1403.2)

14.8.19.10. Severability. Any Special Use Permit granted under the provisions of this UDO will not be severable; if any part of any Special Use Permit is deemed invalid the rest of the Permit will be invalid.

The Planning Board may recommend for approval to the Board of Commissioners a conditional zoning on a property provided the rezoning is consistent with the provisions of G.S. 160D-703(b).

(A)

Site plan required. Prior to any ground-disturbing activity on any vacant lot, tract or other parcel of land; or prior to the expansion or enlargement of the conditioned space of an existing building or commercial development, the owner, general contractor, or authorized agent shall submit, for review by the UDO Administrator a site plan in accordance with the terms of this section;

(B)

Fire hydrants and fire prevention.

(1)

The applicant shall provide for the installation of at least one fire hydrant located within 300 feet of the principal structure, unless such a fire hydrant already exists.

(2)

If no fire hydrant exists within 300 feet of the principal structure, the applicant shall cause such hydrant to be installed.

(3)

If the size of water lines located within 300 feet of the principal structure are less than six inches in diameter then the applicant shall be relieved of the requirement to install a fire hydrant.

(4)

All applicants shall coordinate with the Western Carteret Fire Department and any other applicable or successor agency that now has or hereafter acquires fire protection and prevention authority over the area containing the subject property to determine the applicable fire suppression requirements of the North Carolina Fire Code.

(5)

Except in cases of hardship as certified by the Town UDO Administrator, all new water lines shall be at least eight inches in diameter and configured in a closed loop design.

(C)

Proposed sewage treatment and disposal facilities. Before any proposed site plan may be approved, the applicant shall affirm to the UDO Administrator their intent to gain approval of the proposed sewage treatment and disposal facilities by the Carteret County Department of Environmental Health or the North Carolina Department of Environment and Natural Resources, as applicable.

(D)

Dredging and filling permits. Before any proposed site plan may be approved, the applicant shall demonstrate to the UDO Administrator tentative approval of any dredging and filling permits required by law.

(E)

Inspections. Inspections of sites involving public rights-of-way and inspections of any on-site construction shall be made by the Town, in addition to any other appropriate governmental and/or other regulatory agency having jurisdiction.

(F)

Parking and loading.

(1)

No required off-street parking space, including adjacent parking access lanes or maneuvering space, shall be located within the existing or proposed right-of-way of the road, including sidewalk areas.

(2)

Off-street parking areas shall be designed with sufficient distance separating parking spaces and access lanes, such that vehicles can be maneuvered into and out of parking spaces without impeding traffic in such access lanes.

a)

As used in this section, access lane means a street or other right-of-way, or portion thereof, designed primarily to connect parking lanes to one another or to streets or other general rights-of-way.

b)

As used in this section, parking lane shall mean a lane designed primarily to provide vehicular access from an access lane to parking spaces.

c)

All off-street parking shall be designed in such a manner as to eliminate the need for vehicular traffic to back into any adjacent street or right-of-way except a parking lane.

(3)

No provision of this section may be construed to reduce the number of off-street truck loading/unloading spaces required under any provision of the code.

(4)

No part of any off-street truck loading or unloading space may be located within any street or road right-of-way, or within any other easement unless such other easement specifically permits such loading and unloading in the document granting such easement.

(5)

Off-street truck loading and unloading spaces shall be located and designed such that any turning, backing or other maneuvering required for such trucks to move into such loading or unloading space can occur on the subject property, and not on any portion of a street or road.

(G)

Right-of-way improvements and restrictions.

(1)

In addition to all other requirements of this section or any other portion of the code, the Town may, as a condition of site plan approval, require the installation of specific directional, regulatory or advisory signs or pavement markings at designated locations on the site.

(2)

Any site plan that provides temporary stopping space or maneuvering space for vehicles of customers or patrons seeking service at a roadside business establishment shall be located so that the stopping or maneuvering space is off the existing right-of-way or road.

(3)

No part of the right-of-way of a street or road may be used for the conduct of private business. For purposes of this section, private business includes, without limitation, any building, sales or merchandise displays, signs, vegetation, parking areas, service equipment or any other appurtenance of any such business.

(4)

Right-of-way improvements shall be made in accordance with the standards and specifications of this Code or the North Carolina Department of Transportation.

(H)

Connection permits. With its application for site plan approval pursuant to the terms of this section, the applicant shall submit true copies or other evidence satisfactory to the UDO Administrator that the applicant has obtained all connection permits required by the North Carolina Department of Transportation (DOT), and all other permits required by DOT or any other agency for improvements and/or connections to any public street, highway or other public right-of-way.

(I)

Lighting and markers.

(1)

Appropriate lighting shall be provided.

(2)

Appropriate markers shall be shown and installed at all property corners, points of tangents, and any angle point along a given course of the property. The applicant shall ensure that the person installing such markers shall use the most permanent type of marker practicable under the circumstances.

(J)

Signage.

(1)

All signage shall be subject to the provisions of Chapter 16 of this UDO.

(K)

Site plan requirements.

(1)

Two paper copies and one electronic copy of the site plan shall be submitted to the Town Clerk prior to commencement of review.

(2)

All site plans submitted pursuant to this section shall contain the information described herein, and shall be subject to the limitations set out herein.

a)

Any site plan submitted shall be drawn at a scale not smaller than one inch equals 50 feet, and not larger than one inch equals ten feet.

b)

Any site plan submitted pursuant to this section shall be prepared, signed and sealed by a licensed professional engineer, registered land surveyor or other appropriate professional licensed to practice in the State of North Carolina, and shall include the name and address of the applicant and the owner, and the name, address and title of the person preparing the plan, maps and accompanying data.

c)

Property and ownership information to be included:

(3)

Present record owner(s), lot, block and section number and map book and page reference of the subject property, per any recorded plat(s) or map(s) thereof. If there is not a recorded plat or map of the property, then the book and page number of all deeds or other instruments through which the present record owner(s) claim(s) any interest in the subject property shall be provided, along with a legible photocopy of such deeds or other instruments, including the recording information thereon.

(4)

Present record owners, lot, block and section numbers and map book and page reference of each adjacent parcel, per any recorded plat(s) or map(s) thereof. If there are not such recorded plat(s) or map(s) of the adjacent parcels, then the book and page number of all deeds or other instruments through which the adjacent record owner(s) acquired any interest in the subject property shall be provided, along with a legible photocopy of such deeds or other instruments, including the recording information thereon.

(5)

The name/proposed name of the development, date of plan preparation or revision, true north arrow, and a graphic representation of the scale used in the plan.

(6)

A sketch vicinity map showing the entire site development and its relationship to the surrounding area.

(7)

The designation of the zoning district in which the subject property is located, as well as the zoning designation of all tracts abutting the subject property.

(8)

The acreage of the site to be developed to the nearest tenth of an acre.

(9)

Boundary survey of the subject property, with courses and distances of each boundary segment/arc illustrated on the plan, along with the courses and distances of each segment of all streets and other easements and rights-of-way within the subject property, as well as the courses and distances of all segments of streets, other easements and rights-of-way abutting the subject property.

(10)

The nature of all existing and proposed streets, easements and other rights-of-way.

a)

Evidence satisfactory to the UDO Administrator that the applicant has complied with the requirements of this section concerning the installation of fire hydrants on and/or serving the subject property.

b)

Existing and proposed features information to be included:

i.

The locations, names, pavement and right-of-way width of all existing and proposed streets, and all easements, curbs, curb cuts, hike-bike trails and sidewalks abutting the property or properties in question, and within 200 feet thereof.

ii.

Topographic contours at five-foot intervals, and any physical conditions or features reasonably likely to have any significant effect on the site.

iii.

The location of all existing and proposed setback dimensions, landscaped areas and fencing.

iv.

The location of proposed utilities and facilities, including (without limitation) fire hydrants and fuel storage tanks, showing connections to existing supply and disposal systems, where applicable.

v.

The location of all existing and proposed signs, traffic control devices, lighting standards and utility poles on or abutting the subject property.

vi.

Flood zone(s) boundaries as determined by the latest FEMA flood insurance rate map, and the notation "Flood zones subject to change by FEMA."

vii.

Location of areas subject to U.S. Army Corps of Engineers 404 wetlands protection.

viii.

Delineation of any and all Areas of Environmental Concern (AEC) as defined by the Coastal Area Management Act (CAMA), G.S. Ch. 113A, Art. 7.

ix.

All watercourses, wetlands or estuarine waters within the subject site and within 600 feet in any direction from the property.

c)

Site improvements to be included:

i.

The location of existing and proposed principal building(s) or structure(s) and all accessory buildings or structures, if any, and finished grade elevations at all corners of such buildings, along with an indication of whether those existing building(s) and/or structure(s) will be retained or removed.

ii.

The proposed building type (e.g., brick, concrete or frame), number of floors and dimensions.

iii.

Finished grades for the entire site.

iv.

The size and location of all water mains and connections to existing water supply system.

v.

Existing and proposed sanitary sewerage facilities serving the site, including the location, size and slope of all sanitary sewer lines, pumping stations, connections to existing facilities, location of any proposed sanitary sewerage treatment plants and septic treatment facilities.

vi.

Storm drainage systems, including the following: all existing or proposed storm sewer lines within or adjacent to the site, and the location of each catch basin, inlet and manhole; the location and extent of any proposed dry well, ground water recharge basins, retention and infiltration basins or other water conservation devices.

vii.

The location, type, capacity and size of all existing and proposed inlets, catch basins, storm drainage facilities, and utilities, plus all required design data supporting the adequacy of the existing and/or proposed facility to handle future storm flows.

viii.

When a brook or stream is proposed for alteration, improvement or relocation, or when a structure or fill is proposed over, under, in or along a stream, evidence of submission of an application for the proposed work to the North Carolina Department of Environment and Natural Resources (DENR) shall accompany the site plan, or evidence that such an application is not required.

ix.

When ditches, streams, brooks or water courses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown on the site plan.

x.

The location, type and size of all existing and proposed curbs, curb cuts, sidewalks, driveways, fences, retaining walls, signs, parking space areas, and the layouts thereof, and all off-street loading areas, together with the dimensions of all the foregoing on the site in question; including without limitation all information required pursuant to Section 14.12.11.

xi.

A tabulation of the total number of dwelling units of each type in the project (e.g., 25 single-family dwelling units, 12 duplex dwelling structures [24 units], and three condominium dwelling structures with five units each [15 units]), and the overall project density in dwelling units per acre.

(L)

Determination of completeness/written notification.

(1)

An application for development shall not be determined to be formally submitted until the required number of plans, application forms, plan details and all other information required by this section have been submitted to the UDO Administrator.

a)

The time period for its approval, approval with conditions, or denial of such application shall not commence until such time as the UDO Administrator has accepted the application as a being complete.

(2)

Within 21 days after the first meeting between the UDO Administrator and the applicant, and after the filing of additional or supplemental information requested by the UDO Administrator to complete an incomplete application as described below, the UDO Administrator shall notify the applicant in writing, whether the application is complete or incomplete, and the date of such determination.

a)

Such notifications may be given in any manner reasonably calculated to come to the attention of the applicant and the municipal approval authority, including electronic mail, provided that any notice provided exclusively by electronic mail shall be protected from further editing once issued.

b)

First class mail addressed to the applicant at the address provided in the application shall be conclusively presumed to be a manner reasonably calculated to come to the attention of the applicant.

c)

The applicant's receipt of such notification shall be deemed to have occurred on the earliest of the following dates:

i.

The date the applicant is notified in person; or

ii.

Five days after mailing by first class mail to any address within the state; or

iii.

Ten days after mailing by first class mail to any out-of-state address within the United States of America.

iv.

Twenty-four hours after the sending of notice by electronic mail.

(3)

If the UDO Administrator finds the application to be incomplete, its notification of that fact to the applicant and the municipal approval authority shall include a list of all information required to complete the applicant's application.

a)

The applicant may then either abandon the application or provide the additional information requested by the UDO Administrator.

b)

If the applicant chooses to provide such additional/supplemental information, then the procedure described in this section shall apply to the UDO Administrator's determination of whether the application is complete or not.

(M)

Board of Commissioners action.

(1)

The following procedures shall apply after such time as the UDO Administrator finds the application to be complete; provided, however, the UDO Administrator's certification that the application is complete shall not be construed to prohibit it requiring the submission of additional information in support of the application, regardless of whether or not such additional information is required with an original application.

(2)

Within 60 days from the date the UDO Administrator certifies that the applicant's application is complete, the UDO Administrator shall complete its review of the application and, shall notify the governmental approval authority of its recommendations on the application.

a)

The UDO Administrator may recommend to the governmental approval authority either approval, conditional approval (with all recommended conditions being specifically set out in the UDO Administrator recommendation), or rejection (with all reasons for its recommendation of rejection being specifically set out in the UDO Administrator's recommendation) of any proposed site plan.

(3)

The UDO Administrator may approve, approve with specific conditions, or disapprove any site plan within 60 days after its receipt of the notice from the UDO Administrator, as described in subsection (2)(a) above.

a)

A rejected site plan may be resubmitted in accordance with this section, when revised to meet the specifications of this chapter, and upon payment of a site plan review fee as required in the most recently adopted fee schedule.

(N)

Changes after approval.

(1)

When approval is granted, no changes or alterations shall be made in any portion of the plan without approval of such changes or alterations by UDO Administrator; or

(2)

After approval of a site plan, minor changes in the plan may be approved in writing by the UDO Administrator; provided that the changes do not prevent the spirit and intent of a condition of approval from being met, or a provision or requirement of an ordinance from being executed, except as provided in Section 14.9.9.

(O)

Successor agencies. Where this section refers to any agency of federal, state or local government or any other governmental entity, such reference shall be deemed to also apply to any successor agency thereof.

(Ord. 2006-1, passed 2-20-2006; Am. Ord. 2006-12, passed 8-21-2006; Am. Ord. 2006-13, passed 8-21-2006; Am. Ord. 2013-12-05, passed 12-9-2013; Am. Ord. 2015-10-10, passed 10-12-2015; 2016 Code § 156.124; Ord. 2017-08-04, passed 8-21-2017)

The list of permitted and special uses in the various districts in the UDO are considered to be specific in regard to the types of uses intended for each of the districts. When a proposed use is not specifically listed in the Table of Permitted and Special Uses, the UDO administrator shall attempt to determine the most similar use, in relation to the use's impacts, in the Table of Permitted and Special Uses and classify the proposed use in the same manner with respect to whether it is permitted or prohibited in a specific district, as well as for the purpose of applying any additional required standards to such use. When the UDO administrator determines that the proposed use's impacts are not similar to any listed use in the Table of Permitted and Special Uses, the proposed use shall be considered to be a Special Use in the B-30 zoning district. Alternatively, a zoning text amendment may be considered by the Planning Board and Board of Commissioners, or the applicant may appeal the UDO Administrator's interpretation to the Board of Adjustment.

(Ord. of 9-9-2024, § 1)

At the time the foundation is completed for a new or expansion of an existing residential or non-residential structure, a foundation survey prepared by a registered surveyor shall be submitted to the UDO Administrator.

The foundation survey shall include the exact size and location of the completed foundation as well as the same information as that required in Section 14.8.8. for new construction or for expansion or enlargement of existing structures. The survey shall be signed and sealed by a registered land surveyor.

Construction may not continue until the foundation survey is submitted and approved by the UDO Administrator. Upon validation that the foundation survey meets Town of Cape Carteret UDO requirements, the UDO Administrator will inform the zoning permit holder that construction can proceed. Deficiencies detected by such review shall be corrected by the zoning permit holder immediately and prior to further work being permitted to proceed. Failure to submit the foundation survey or failure to make required corrections shall be cause to issue a stop-work order for the project.

(Ord. of 8-12-2024, § 1)