Zoneomics Logo
search icon

Carteret County Unincorporated
City Zoning Code

3100

SPECIAL REQUIREMENTS FOR CERTAIN USES3


Footnotes:
--- (3) ---

Editor's note— An ordinance adopted July 16, 2012(5), amended chapter 3100 in its entirety to read as herein set out. Former ch. 3100, §§ 3101—3125, pertained to similar subject matter, and derived from an ordinance adopted March 11, 1991; an ordinance adopted March 1, 1999; an ordinance adopted Dec. 4, 2000; an ordinance adopted April 9, 2001(1); an ordinance adopted April 17, 2006(2); an ordinance adopted March 19, 2007(6); an ordinance adopted Jan. 12, 2011; an ordinance adopted August 15, 2011.


3101.- Efficiency unit.

All efficiency units shall be subject to the following limitations:

.1

The efficiency units shall not contain more than 25 percent of the gross heated and/or cooled floor area of the dwelling.

.2

The lot must meet the minimum lot size requirements of the zoning district in which it is located.

(Ord. of 7-16-12(5))

3102. - Car and boat washes.

All car and boat washes shall be subject to the following limitations:

.1

All washing facilities must be within an enclosed building. Washing bays are permitted.

.2

Vacuuming facilities may be outside the building but may not be located in any required yard area.

(Ord. of 7-16-12(5))

3103. - Outdoor amusement.

All outdoor commercial amusements, such as miniature golf, rides, commercial beaches, slides, and similar commercial enterprises shall be subject to the following limitations:

.1

All uses, buildings, and structures must be at least 200 feet from any residential district.

(Ord. of 7-16-12(5))

3104. - Cemeteries.

All private or public cemeteries shall be subject to the following limitations:

.1

Tombstones, crypts, monuments, and mausoleums must be located at least 25 feet from any side or rear lot line that adjoins lots in a residential district and at least ten feet from any side or rear lot line that adjoins lots in non-residential districts. In any case, they must be at least 40 feet from any street right-of-way.

.2

Buildings for the maintenance, management, rent, and/or sale of cemetery lots must be located at least 100 feet from any lot lines which adjoin lots in any residential district. Otherwise, any such buildings must conform to the requirements for principal uses in the district where they are located.

(Ord. of 7-16-12(5))

3105. - Residential marinas.

All residential marinas shall be subject to the following limitations:

.1

Boat slips, piers, and bulkheads are permitted; however, no commercial activities shall be permitted. Marinas may include any pump-out facilities required by water quality or other state or federal regulations.

.2

A clubhouse or similar facility, which could normally be included in a residential development, may be included with the marina facilities.

.3

Residential developments in which marinas are allowed as accessory uses must receive preliminary approval from the planning commission and, when appropriate, the county commissioners prior to issuance of any county permits for the construction of the marina.

.4

Drystacks shall not be permitted in residential development marinas.

.5

Signs calling attention to the marina, other than those for vehicular directional purposes located within the development, are not permitted.

.6

The number of slips may not exceed 110 percent of the number of units in the residential development. Each slip over and above the number of units in the residential development must be provided with two parking spaces in a specifically-designed area.

(Ord. of 7-16-12(5))

3106. - Country clubs, golf courses, tennis clubs, and community recreation centers.

All country clubs, golf courses, tennis clubs, and community recreation centers shall be subject to the following limitations:

.1

When located in residential districts, any enclosed buildings and parking areas must meet the minimum setback and yard requirements for the district in which it is located.

.2

Swimming pools must be located at least 100 feet from lots in any residential district.

(Ord. of 7-16-12(5))

3107. - Group developments.

All group developments shall be subject to the following limitations:

.1

Procedure for approval shall be in accordance with the "Carteret County Group Housing Ordinance."

(Ord. of 7-16-12(5))

3109. - Junkyards.

All junkyards shall be subject to the following limitations:

.1

They must be enclosed by a non-climbable fence and be screened in accordance with the standards of section 1601.

.2

The fence must be located at least 20 feet from any public street right-of-way and the screening must be at least eight feet high and adequate to conceal all storage from public view.

(Ord. of 7-16-12(5))

3110. - Kennels.

All kennels shall be subject to the following limitations:

.1

The minimum lot size is one acre and the kennel building shall not be located any closer than 50 feet to any property line.

.2

Kennels must be enclosed by a sound barrier and be screened in accordance with the standards of section 1601.

.3

Caretaker quarters shall be permitted.

(Ord. of 7-16-12(5))

3111. - Business residence.

All business residences shall be subject to the following limitations:

.1

The residence may not exceed 50 percent of the gross floor area of the business operation.

.2

The residence may be located above the business.

.3

In no case shall the residence be located in the front yard of the business.

.4

The business residence must be within the same structure.

(Ord. of 7-16-12(5))

3112. - Motels, motor courts, and hotels.

All motels, motor courts, and hotels shall be subject to the following limitations:

.1

Associated commercial uses may be located only in a motel, motor court, or hotel having a minimum of 50 units.

.2

Public entry to commercial facilities must be from the interior of the building. No direct public entrance from the street or outside of the building is permitted.

.3

No merchandise or merchandise display window may be visible from the outside of the building.

.4

Outside storage or display of merchandise shall not be permitted.

(Ord. of 7-16-12(5))

3113. - Overnight camping trailers.

All overnight camping trailers shall be subject to the following limitations:

.1

They are permitted to be stored unoccupied on lots in any district.

.2

They are permitted in overnight camping trailer parks, subject to the provisions of the Carteret County Manufactured Home, Manufactured Home Park, and RV Park Ordinance.

(Ord. of 7-16-12(5))

3114. - Storage of 200,000 gallons or less of petroleum products.

All storage of 200,000 gallons or less of petroleum products shall be subject to the following limitations:

.1

Is permitted below ground as an accessory use to an automobile service station and a marina.

.2

All petroleum storage facilities of this type must comply with the North Carolina Building Code and NFPA 30.

(Ord. of 7-16-12(5))

3115. - Automobile service stations.

All automobile service stations shall be subject to the following limitations:

.1

Gasoline pumps and other appliances shall be located a minimum of 15 feet from any property line.

.2

When an automobile service station adjoins a residential district, the underground storage tanks shall be located a minimum of 30 feet from the property line.

.3

All underground storage tank facilities shall comply with the North Carolina Building Code and NFPA 30A.

(Ord. of 7-16-12(5))

3117. - Commercial marinas and yacht and boating clubs.

All commercial marinas and yacht and boating clubs shall be subject to the following limitations:

.1

Activities and possible uses on the marina or club property shall be limited to wet boat storage, drystack boat storage, boat service and repairs, boat accessory sales, ship's store, coffee shop, boat trailer parking areas, automobile parking areas, launching ramp, piers, and boat petroleum service areas.

.2

Dimensional requirements:

Minimum land area 30,000 square feet
Minimum lot width 100 feet
Minimum lot depth 300 feet
Minimum side yard requirement for structures 30 feet
Minimum front setback for structures 50 feet
Maximum building height 45 feet
Maximum project area coverage including parking areas and built upon areas 65 percent

 

(Ord. of 7-16-12(5))

3118. - Drystack boat storage.

All drystack boat storage shall be subject to the following limitations:

.1

The drystack building shall be no closer than 30 feet from any property line, unless such property line abuts the water.

.2

A buffer shall be constructed between the building and any adjacent property line in accordance with section 1601.

.3

Any drystack boat storage building must be located on a parcel abutting a surface water body.

.4

Any drystack boat storage building shall have a minimum of five acres in order to exceed 60 feet in height.

.5

A side setback ratio of 1:2 for drystack boat storage in excess of 60 feet.

.6

The maximum height shall not exceed 110 feet.

(Ord. of 7-16-12(5))

3119. - Duplexes and triplexes.

All duplexes and triplexes shall be subject to the following limitations:

.1

Duplex building lots shall be required to have the minimum lot area required in the district, plus an additional 10,000 square feet, which shall be contiguous. The minimum lot area for some districts may vary according to whether public water and/or public sewer is available. See section 3000.

.2

Triplex building lots shall be required to have the minimum lot area required by the Group Housing Ordinance.

.3

Each residential unit of a duplex building or triplex building may be deeded separately with the common structural or load-bearing wall of the duplex or triplex forming the basis for the common boundary line for each residential unit. Any common areas to be shared by each residential unit may be deeded to that unit owner by percentage ownership.

The exterior walls of the entire building shall be used to calculate compliance with the front, rear, and side yard setbacks. The entire original parcel shall be used to calculate compliance with the lot area requirements, not the individual lots that comprise the duplex or triplex.

A plat showing each residential unit with the common boundary delineated as such and the common areas designated shall be recorded prior to a conveyance of each residential unit.

.4

Any plat to create lots for a duplex or triplex shall be submitted to the Planning Director for approval. The plat or declaration and/or restrictive covenants shall contain provisions that bind and commit all owners to the joint maintenance and repair of the common wall, and any and all other building components that are shared by adjoining structures or units to ensure their complete or partial replacement and/or reconstruction when damaged or destroyed by fire, flood, or other catastrophe.

(Ord. of 7-16-12(5); Res. of 6-21-21)

3120. - Floating structures.

All floating structures shall be subject to the following limitations:

.1

Floating structures shall not be allowed or permitted within the public trust waters of Carteret County, except in commercial marinas.

.2

Floating structures shall not be located within 15 feet of the waterward extension of any property lines.

.3

No more than one dwelling unit shall be permitted per floating structure.

.4

Each floating structure shall be inspected and approved by the building inspector prior to placement in a location with approved sanitary facilities. This approval shall include, but shall not be limited to, adequacy of the electrical system and the method of exiting.

.5

Each floating structure shall be provided with permanent water and on-shore sewage treatment systems approved by the Carteret County Health Department or appropriate agency. All wastewater piping from the unit shall be constructed to the North Carolina Building Code. No overboard discharge openings through the hull or structure shall be permitted, except for one dewatering pipe, which may not be connected to wastewater piping.

.6

A system for collection and removal of solid waste (garbage) shall be approved by the Carteret County Health Department.

.7

A minimum of two off-street parking spaces per floating structure shall be provided on-shore.

.8

A zoning permit is required for all floating structures.

.9

A site plan shall be submitted to the Carteret County Planning Department prior to issuance of a zoning permit.

(Ord. of 7-16-12(5))

3121. - Homeowner's associations.

When a subdivision is developed with private roads, common area, and/or a private infrastructure and contains more than ten lots, a homeowner's association that meets the following requirements shall be established:

.1

When a plat or map is to be recorded, the maps or plat shall contain a certificate indicating the book and page number of the homeowner's association covenants, conditions, and restrictions upon recordation of such covenants.

.2

Responsibilities for maintenance of private streets, open space, recreation facilities, infrastructure, and other common areas shall be specified.

.3

Responsibilities for exterior maintenance of attached dwelling units shall be specified, when necessary.

(Ord. of 7-16-12(5))

3122. - Model unit marketing center.

A model unit marketing center shall include model homes, mobile homes, and group housing units located within a particular development project. The model unit marketing center shall be used only for the marketing and sales of said approved development project. It shall comply with the following requirements:

.1

The model unit shall be constructed for the purposes of sale as a residential unit and shall be utilized temporarily as a model unit marketing center only during the period of time in which the project developer is actively engaged in the sale of property owned by the project developer within the project in which the model unit is located.

.2

When the model unit is sold, the office may be relocated to another model unit but, at no time, shall more than one marketing center be allowed per development project.

.3

All signs shall be in accordance with section 2100.

.4

In addition to the requirements outlined in section 2100, the model unit marketing center may display a placard not exceeding four square feet which is attached to the model unit. Said placard shall indicate only that the unit is the model unit/sales office.

(Ord. of 7-16-12(5))

3123. - Indoor shooting ranges.

All indoor shooting ranges shall be subject to the following limitations:

.1

Said facility shall meet all applicable OSHA guidelines and requirements concerning the construction and operation of an indoor firing range.

.2

Said facility shall maintain liability insurance with minimum coverage of $250,000.00 through a company licensed in North Carolina.

.3

The walls and ceiling of the indoor firing range shall be constructed such that any rounds, ammunition, or projectiles utilized in the firing range cannot penetrate the walls and ceiling or floor of said firing range.

.4

There shall be no noise outside the building resulting from the use of firearms.

.5

a.

A range supervisor shall be present during all hours of operation. Said supervisor shall have obtained a certificate of completion of the National Rifle Association's Firearms Safety Course or an equivalent course conducted by an appropriate governmental agency, educational institution, or nationally-recognized private firearms safety training certification organization.

b.

Firearms classes offered on the premises shall be taught by an individual with the proper instructor certification for the type of course taught (i.e., for pistol, rifle, shotgun, etc.). Such certification shall be from the National Rifle Association or an appropriate governmental agency, educational institution, or nationally-recognized private organization for firearms instructor certification.

(Ord. of 7-16-12(5))

3124. - Non-profit wildlife shelter.

All non-profit wildlife shelters shall be subject to the following limitations:

.1

Minimum lot size three acres.

.2

Buffer. A sound barrier consisting of a wall constructed of brick, concrete, concrete block, glass, full louvered or solid wooden fencing construction of suitable salt-treated lumber not less than six feet high and placed as required by the Carteret County Planning Commission.

.3

Parking. One space per employee on shift of greatest employment, plus ten visitor parking spaces.

.4

Signage. One on-premise sign shall be allowed not exceeding six feet in height and not exceeding 20 square feet in sign area. Sign shall be placed parallel to the right-of-way for safety.

(Ord. of 7-16-12(5))

3125. - Emergency/disaster relief.

In case of fire, flood, hurricane, tornado, and the like, and/or where the chairman of the county commissioners, the Governor of the State of North Carolina, and/or the President of the United States has declared an emergency or disaster, certain provisions of this section may be temporarily relieved for the duration of the emergency.

Specifically, manufactured homes or recreational vehicles may be placed on residential lots for temporary residential occupancy when a residence has been damaged by fire, flood, hurricane, tornado, or the like. This provision is not to be used for occupancy when a home is in disrepair. In the case of a non-residential use damaged by fire, flood, hurricane, tornado, or the like, a commercial modular with approved occupancy, as per North Carolina State Building Code may be used.

Any temporary structure must meet setbacks for that zoning district and all other applicable regulations (CAMA, FEMA, Environmental Health, etc.). In the event the temporary structure cannot meet the required setbacks, a variance must be first secured from the Zoning Board of Adjustment prior to the temporary structure being located on the property.

The temporary provision shall be allowed for a maximum of 180 days after the damage occurs. The owner may submit a written request to the director of planning and development prior to the expiration of 180 days for an extension to the time limit for circumstances when 180 days is not sufficient. The director is authorized to grant an extension not to exceed 365 days from the initial date of the damage.

Temporary provisions shall also be allowed in the event repair or replacement is being made pursuant to a governmental grant or program. However, any temporary structure shall be removed within 180 days or 30 days after the issuance of an occupancy permit for the dwelling or the installation of the manufactured home, whichever comes first.

This provision is not intended to allow extension of a nonconforming use.

(Ord. of 7-16-12(5))