This ordinance shall be known as the "Unified Development Ordinance Zoning Ordinance of the Town of Carolina Beach, North Carolina," and may be cited as the Unified Development Ordinance (UDO). The map herein referred to, which is identified by the title "Town of Carolina Beach Zoning Map," shall be known and may be cited as the zoning map. This ordinance may be referred to as "this ordinance" of which contains zoning, subdivision, signage, stormwater, wireless telecommunication, floodplain, and other land development regulations.

(Ord. No. 24-1230, 7-9-2024)

The provisions in this ordinance were originally adopted July 9, 2024 and became effective on August 9, 2024 and as subsequently amended.

(Ord. No. 24-1230, 7-9-2024)

A.

Purpose. The land development regulations and zoning districts as set forth herein are designed to lessen congestion in the streets; secure safety from fire, panic, and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue congestion of population; facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. They have been designed with consideration given to the character of each district and its suitability for various uses, with a view toward conserving the value of buildings and property, and for encouraging the most appropriate use of land throughout the community.

B.

Vision policy. The land development regulations and zoning districts as set forth herein are also intended to effectuate the general vision policy of the town, as set forth in the current Carolina Beach Land Use Plan adopted by the Town Council:

1.

We, the residents, business, and property owners of the Town of Carolina Beach, shall seek to preserve and enhance our community as both an appealing destination resort and year-round place in which to live. We will continually strive to protect and nurture the natural and manmade features of our community which make it so unique. These features include our boardwalk/amusement area, marina and boat basin, Carolina Beach Lake, Carolina Beach State Park, and our stable, permanent single-family residential neighborhoods. As the inherent value of our community continues to increase over the coming years, and the forces of investment and change influence that growth, the town's mission shall be to positively direct growth such that the quality of each of these features is continually enhanced within the context of a small, family-oriented beach resort town.

(Ord. No. 24-1230, 7-9-2024)

A.

Zoning provisions enacted herein are under the authority of NCGS 160D, which extends to towns/cities the authority to enact regulations which promote the health, safety, morals, or the general welfare of the community. It is further authorized under NCGS 160D-703 which authorizes local governments to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land. This section further authorizes the establishment of overlay districts in which additional regulations may be imposed upon properties that lie within the boundary of the district. The statutes also require that all such regulations shall be uniform for each class or type of building throughout each district, but that the regulations in one district may differ from those in other districts.

B.

Subdivision provisions enacted herein are under the authority of NCGS 160D-804 which provide for the coordination of streets within proposed subdivisions with existing or planned streets and with other public facilities, the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision, or alternatively, for the provision of funds to be used to acquire recreation areas serving residents of more than one (1) neighborhood in the immediate area, and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding.

C.

This UDO, which combines zoning and subdivision authority, is further enacted under NCGS 160D-103.

D.

Whenever any provision of this ordinance refers to or cites a section of state law and that section is later amended or superseded, this ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Ord. No. 24-1230, 7-9-2024)

A.

This ordinance shall be effective throughout the town's planning jurisdiction. The town's planning jurisdiction comprises the area within the corporate boundaries of the town as well as the town's extraterritorial jurisdiction. Such planning jurisdiction may be modified from time to time in accordance with state law.

B.

A copy of the zoning map showing the boundaries of the town's planning jurisdiction shall be available for public inspection in the planning department.

(Ord. No. 24-1230, 7-9-2024)

A.

The boundaries of each zoning district are hereby established as shown on the official zoning map of the town, as amended, which accompanies and is hereby declared to be a part of this ordinance.

B.

The official zoning map and ordinance shall be properly attested and shall be on file in the office of the UDO Administrator. Regardless of the existence of purported copies of the official zoning map, the official zoning map shall be the final authority as to the current zoning status of land, buildings, or other structures in the town and its extraterritorial planning jurisdiction.

C.

If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other references on the official zoning map, such changes shall be entered on the official zoning map after the amendment has been approved by the Town Council. No changes of any nature shall be made on the official zoning map except in conformity with the procedures required for any zoning map amendment.

D.

When the zoning map is officially replaced, unless the prior map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption or amendment.

E.

Copies of the zoning district map may be reproduced by any method of reproduction that gives legible and permanent copies and, when certified by the town clerk in accordance with NCGS 160A-79, shall be admissible into evidence and shall have the same force and effect as would the original map.

(Ord. No. 24-1230, 7-9-2024)

A.

The UDO Administrator shall decide the exact location of any zoning district boundary lines whenever uncertainty exists about the boundary lines shown on the official zoning maps, subject to appeal to the Board of Adjustment . The determination of the exact location of a zoning district boundary shall be based upon the following rules:

1.

Boundaries indicated as approximately following or within a street, alley, or railroad right-of-way, or utilities (electrical, gas, water main, etc.) easement shall be construed to be in the center of such right-of-way easement;

2.

Boundaries indicated as following shore lines shall be construed to follow such shorelines, and, in the event of change in the shorelines, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, creeks, or other bodies of water shall be construed as following such centerlines;

3.

Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines;

4.

Boundaries indicated as approximately following town limits shall be construed as following town limits; and

5.

Boundaries indicated as parallel to or extension of features indicated in subsections (1), (2), (3) and (4) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

6.

In the event that a district boundary line on the zoning map divides a platted lot held in one ownership on the date of passage of the ordinance from which this ordinance is derived, each part of the lot so divided shall be used in conformity with the district in which such part is located.

7.

Where any further uncertainty exists, the UDO Administrator shall interpret the intent of the map as to location of such boundaries.

(Ord. No. 24-1230, 7-9-2024)

To the extent that the provisions of this ordinance are the same in substance as the previously adopted development regulations, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted development regulations does not achieve lawful nonconforming status under this ordinance merely by the repeal of the former development regulations.

(Ord. No. 24-1230, 7-9-2024)

A.

In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity, and general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this ordinance shall govern.

B.

Where one or more articles of this UDO are in conflict with one another, the most restrictive requirements shall apply.

(Ord. No. 24-1230, 7-9-2024)

All suits at law or in equity and/or all prosecutions resulting from violations of any land development regulations heretofore in effect, which are now pending in any of the courts of the United States or this state shall not be abated or abandoned by reason of the adoption of the ordinance from which this ordinance is derived, but shall be prosecuted to their finality the same as if this ordinance had not been adopted; any and all violations of the existing zoning ordinances, prosecutions for which have not been instituted, may be hereafter filed and prosecuted pursuant to the terms and provisions of this ordinance; and nothing in this ordinance shall be construed to abandon, abate, or dismiss any litigation or prosecution now pending, and/or which heretofore have been instituted or prosecuted.

(Ord. No. 24-1230, 7-9-2024)

Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven (7) days, intermediate Saturdays, Sundays, and holidays shall be excluded.

(Ord. No. 24-1230, 7-9-2024)

A.

Reasonable fees sufficient to cover the costs of administration, permits, inspections, publication of notice, and similar matters may be charged to applicants for various permit types. The amount of the fees charged shall be as set forth in the town's budget or as established by resolution of the Town Council filed in the office of the town clerk.

B.

Fees established in accordance with subsection (A) of this section shall be paid upon submission of a signed application or notice of appeal.

(Ord. No. 24-1230, 7-9-2024)

A.

Should any article, section, subsection, paragraph, sentence, clause, phrase, or district boundary of this ordinance and/or the zoning map which is a part of this ordinance herein or hereafter adopted be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of these regulations and the zoning map as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. The Town Council hereby declares that it would have adopted this ordinance and zoning map, irrespective of the fact that any one or more articles, sections, subsection, paragraphs, sentences, clauses, phrases, or district boundaries be declared unconstitutional or invalid.

B.

If any section or specific provision or standard of this ordinance or any regulating district boundary arising from it is found by a court to be invalid for any reason, the decision of the court shall not affect the validity of any other section, provision, standard, or district boundary of these regulations except the provision in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect.

(Ord. No. 24-1230, 7-9-2024)