An ordinance establishing comprehensive zoning regulations for certain areas of the County of Carteret, North Carolina, and providing for the administration, enforcement, and amendment thereof, in accordance with the provisions of North Carolina General Statutes 160D-702 through 160D-1405 inclusive, and for the repeal of any ordinance in conflict herewith.

(Res. of 6-21-21)

The county commissioners deem it necessary for the purpose of promoting the health, safety, morals or general welfare of the county to enact such an ordinance. To achieve this end, the county commissioners have appointed a planning commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. As such, the planning commission has divided the county into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion throughout the county; to secure safety from fire, panic and other dangers; to promote health and general welfare, to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. The planning commission has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the county, and the planning commission has submitted its final report to the county commissioners. The county commissioners have given due public notice of hearings relating to zoning districts, regulations and restrictions, and have held such public hearings, and all requirements of the General Statutes of North Carolina, with regard to the preparation of the report of the planning commission and subsequent action of the county commissioners have been met.

WHEREAS, the board of commissioners of Carteret County, North Carolina, has caused the Carteret County Zoning Ordinance to be revised and embodied in a text entitled "Carteret County Zoning Ordinance" dated the 15th day of June, 1990; and

WHEREAS, it is the intent and desire of the board of commissioners of the County of Carteret to adopt the "Carteret County Zoning Ordinance" dated the 15th day of June, 1990 (the "revised zoning ordinance") as the zoning ordinance effective for all properties in Carteret County, North Carolina;

NOW, THEREFORE, be it ordained by the board of commissioners of the County of Carteret, State of North Carolina, as follows:

.1

The revised zoning ordinance, dated June 15, 1990, is hereby ordained as the "Carteret County Zoning Ordinance."

.2

All of the provisions of the revised zoning ordinance shall be in force and effect on and after the effective date of this ordinance.

.3

All zoning ordinances previously adopted by the board of commissioners of Carteret County and in force on the 15th day of June, 1990, and not contained in the revised zoning ordinance, are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided in section 4.

.4

The repeal provided in section 3 of this ordinance shall not affect any offense or act committed or done or any penalty of forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance, nor shall the repeal provided in section 3 affect any prosecution, action, suit or other proceeding pending or any judgment rendered on or prior to the effective date of this ordinance.

Furthermore, the repeal provided in section 3 of this ordinance shall not affect any right, right-of-way or easement acquired or established in any street, road, highway or other public place within the county; any ordinance of the county providing for laying out, opening, altering, widening, relocating, straightening, acceptance or vacation of any street, road or highway within the county, an ordinance or resolution of the board of commissioners not in conflict or inconsistent with the provisions of this revised zoning ordinance or any previously approved plans or rights granted by the board of commissioners or other agencies of Carteret County, or permits validly issued and in full force and effect as of the effective date of this ordinance.

.5

Sufficient copies of the revised zoning ordinance shall be maintained in the planning department of Carteret County for inspection by the public at all times during regular office hours. The enactment of this adopting ordinance coupled with availability of copies of the revised zoning ordinance for inspection by the public shall be deemed, held and considered to be due and legal publication for all provisions of the revised zoning ordinances for all purposes. The planning staff shall make adequate arrangements for all or any portion of the revised zoning ordinance to be copied by any person desiring a copy thereof.

.6

Each section of the revised zoning ordinance is an independent section or part of a section and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section or part thereof.

.7

The revised zoning ordinance shall take effect at 12:01 a.m. on the 18th day of June, 1990.

(Res. of 6-21-21)

WHEREAS, the board of commissioners of the County of Carteret, State of North Carolina, have by ordinance adopted a revised zoning ordinance entitled "Carteret County Zoning Ordinance" dated the 15th day of June, 1990 (the "revised zoning ordinance"); and

WHEREAS, said revised zoning ordinance is and shall be effective as of the 18th day of June, 1990; and

WHEREAS, the board of commissioners of Carteret County desire to adopt a new zoning map, affixing zones described in the revised zoning ordinance to all properties within Carteret County, North Carolina, which had been assigned zones prior to the adoption of the revised zoning ordinance; and

WHEREAS, it is the intent of the board of commissioners of Carteret County to assign zones described in the revised zoning ordinance to all previously zoned properties within Carteret County so as the uses which were allowed under the prior zoning ordinance of Carteret County correlate as closely as possible to the uses allowed under the revised zoning ordinance;

NOW, THEREFORE, be it ordained by the board of commissioners of the County of Carteret, State of North Carolina as follows:

.1

The zoning map of Carteret County presented to the board of commissioners of Carteret County this date, which zoning map is entitled "Carteret County Zoning Map, dated June 15, 1990" is hereby designated the "Official Zoning Map of Carteret County," and is hereby adopted by the board of commissioners as the official zoning map of Carteret County.

.2

All properties designated "PUDs" prior to the adoption of the revised zoning ordinance shall be entitled to retain the "PUD" zoning designation as an overlay upon the zone denoted on the Carteret County Zoning Map adopted hereby, notwithstanding any procedural or approval prerequisites required in the revised zoning ordinance, by submitting to the planning department of Carteret County a master plan for the property so designated within twelve (12) months of the effective date of the adoption of the Carteret County Zoning Map. The submission of such a master plan, and the acceptance thereof by Carteret County, shall not be deemed a waiver of any required subdivision, group housing or other specific requirement contained within any ordinance of Carteret County, but rather the submission of such plan shall only be effective as a waiver of the requirement for approval of a master plan. To the extent that the master plan as submitted fails to meet any substantive requirements of density or otherwise of the revised zoning ordinance, the submission of said plan shall grant no rights to construct or subdivide in accordance with said plan, except to the extent that valid permits for construction are or have been issued prior to the effective date of the revised zoning ordinance.

.3

Any property designated a "Flexible PUD" prior to the adoption of the revised zoning ordinance shall retain all master plan approvals given prior to the date of adoption of the revised zoning ordinance, and all procedural prerequisites to the designation of a property as a "Flexible PUD" as set out in the revised zoning ordinance shall be waived as to such predesignated "Flexible PUDs."

This Zoning Map of Carteret County shall be effective as of 12:01 a.m. on the 18th day of June, 1990.

(Res. of 6-21-21)

These regulations govern the development and use of land and structures in all of the unincorporated areas of Carteret County, not to include the areas regulated by the Down East Conservation Ordinance (DECO) or any other governmental unit. These regulations do not apply to bona fide farms, except that non-farms may be regulated as per section 1007.

(Res. of 5-18-15)

Where uncertainty exists with respect to the boundaries of the various districts shown on the maps cited in section 1004, the following rules will be used to interpret the maps:

1006.1 In cases where a boundary line is located within a street or alley right-of-way, railroad or utility right-of-way or easement, canal, navigable or unnavigable water body, it will be considered to be in the center of the street or alley right-of-way, railroad or utility easement, canal or water body. If the actual location of such right-of-way, easement, canal or water body varies slightly from the location as shown on the map, then the actual location will control.

1006.2 Where a district boundary is shown to approximately coincide with a property line or city limit line, the property line or city limit line will be considered to be the district boundary, unless otherwise indicated.

1006.3 In cases where a district boundary does not coincide or approximately coincide with any street or alley, railroad, water body or canal, or property line, and no dimensions are shown, the location of the boundary will be determined by the use of the scale appearing on the map.

This ordinance shall in no way regulate, restrict, prohibit or otherwise deter any bona fide farm and its related uses. Nonfarm uses on a farm shall be subject to this ordinance.

For the purposes of this ordinance, a portion of the unincorporated territory of Carteret County as set forth in the accompanying zoning maps is divided into the following districts.

The hierarchy of zoning districts established by this ordinance is classified from highest to lowest in the order listed below:

A.

RA (rural agricultural district). This district encompasses those lands that are primarily suited for agriculture, agriculturally-related uses, very low density residential, and/or woodlands.

B.

R-35 (low-density residential district). This district is suited for low-density, single-family residential dwellings.

C.

R-20 (low- to moderate-density residential district). A single-family residential district established to maintain a density of approximately two dwelling units per acre.

D.

R-15 (moderate-density residential district). A single-family residential district established to maintain a density of approximately three dwelling units per acre that does not permit manufactured homes.

E.

R-15M (moderate-density residential district). A single-family residential district established to maintain a density of approximately three dwelling units per acre that permits manufactured homes.

F.

R-10 (high-density residential district). A residential district established to maintain a density of approximately four dwelling units per acre that permits multi-family housing.

G.

R-5W (waterfront residential district). A residential district developed exclusively for the Old Causeway Road area between Beaufort and Morehead City.

H.

C-C (church campus district). A religious education and recreation use district intended to facilitate the orderly growth of church-related uses.

I.

OP (office and professional district). A district established to provide planned office, institutional, and professional development complexes.

J.

R-B (residential business district). A business district established to accommodate businesses near or adjacent to residential development, without adversely impacting the adjacent residential area.

K.

B-3 (planned business district). A business district established to provide planned shopping center development.

L.

B-2 (marine business district). A business district established for marine-related businesses.

M.

B-1A (general business district). A business district established to be a district between a general business district and a residential district. It is to accommodate businesses that are appropriate for an area containing some residential uses.

N.

B-1 (general business district). A business district established for retailing of merchandise and for conducting professional and business services.

O.

MC (planned manufactured home and recreational vehicle park district). A district allowing for the development of manufactured home parks and recreational vehicle parks.

P.

RCP (recreational camper park district). A recreational district established to provide planned campground developments.

Q.

LIW (light industrial wholesale district). A district suited for the location of offices, warehouses, and other light industries on tracts of land where the operations involved do not detract from the development potential of nearby properties.

R.

P-I (port-industrial district). An industrial district developed exclusively for port-related manufacturing and storage activities.

S.

I-W (industrial and wholesale district). A district suited for the location of manufacturing and other related uses which would be incompatible with business and residential areas.

(Amend. of 9-15-98(6); Amend. of 12-13-05(1); Amend. of 3-6-06(1); Amend. of 9-17-12(1))

No building, structure or land may be used or occupied, and no building, structure or part thereof may be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in conformity with all the regulations of this ordinance for the district in which it is located, except as otherwise provided by this ordinance. However, the regulations in this ordinance do not apply to bona fide farms as defined in section 1100.

When any requirement of this ordinance results in a fraction of a unit, a fraction of one-half or more will be rounded off and considered a whole unit. Fractions of less than one-half will be rounded off to the nearest lower number of units. For example, when the determination of the number of dwelling units permitted on a lot results in a fraction of a dwelling unit, a fraction of one-half or more will be considered a dwelling unit and a fraction of less than one-half will be disregarded.

Dividing a lot by zoning district boundaries, also known as split zoning, is prohibited. All existing lots divided by zoning district boundaries shall be rezoned, which may include Conditional rezoning, or subdivided per code requirements prior to development.

(Res of 6-21-21)

For the purposes of this section, development shall mean any construction on a vacant parcel, any improvements requiring a building permit that result in at least a fifty (50) percent increase in the gross floor area on the parcel, any improvements requiring a building permit that result in at least a fifty (50) percent increase in the tax assessed value of all improvements on the property, or any new earth disturbance activity (except for a bona fide agricultural activity) that totals at least one (1) acre at that time.

(Amend. of 10-15-07(2))

No lot existing at the time of adoption of this ordinance may be reduced in its dimensions or area below the minimum requirements of this ordinance for the district in which it is located unless specifically authorized by other provisions of this ordinance.

No building, structure or use of land for any purpose except agriculture may be placed on a lot which does not abut a street. The following sections list exceptions to this rule.

1013.1 A single-family detached dwelling may be constructed on a lot that does not abut a street, provided that the lot meets the terms of the Carteret County Subdivision Regulations or is a lot of record.

1013.2 Any structure approved under the group housing ordinance is exempt from this section.

In the interpretation and application of this ordinance, the provisions of the ordinance will be construed to be the minimum requirements adopted to promote the public health, safety, comfort, convenience and general welfare.

It is not intended that this ordinance will in any way repeal, annul or interfere with the existing provisions of any law or ordinance except the zoning ordinance which this ordinance replaces. In addition it is not intended that this ordinance will in any way repeal, annul or interfere with any rules, regulations or zoning permits which were legally adopted or issued under previous ordinances for the use or development of land or structures.

Since 160D-702, as amended, permits a county to regulate development over estuarine waters and over lands covered by navigable waters owned by the state pursuant to G.S. 146-12, within the bounds of that county, the zoning boundaries for waterfront parcels shall be extended linearly 400 feet waterward of the mean high-water mark. This water surface zoning shall not unreasonably infringe on the right to navigation protected by the federal government or on other rights, such as shellfishing rights, allowed by state government.

(Res. of 6-21-21)

Upon the effective date of this ordinance, the R-50 (single-family residential district) zone shall be changed in name to RA (rural agricultural), and the C-I (planned mobile home and camp park district) zone shall be changed in name to MC (planned mobile home and camp park district). These changes do not constitute a change in the dimensional requirements or uses permitted within these districts. The USG zoning classification, which has been shown on the official zoning map but has never had any zoning requirements, shall be changed in name to P-I (port-industrial district).

(Amend. of 9-17-12(1))