Screening is used to reduce or hide the visual and noise impacts of non-residential uses on nearby residential and institutional land uses by using trees, shrubs, and other plant materials to materially hide the non-residential uses and to muffle the sounds that are generated by them. Buffering is used to reduce conflicts between and impacts on, adjoining land uses by separating them with a buffer yard or strip.

1601.1. General screening requirements. In all cases where a residential use or district abuts any other use or zoning district, screening shall be provided in accordance with the requirements of section 1601 and other pertinent provisions of this ordinance when the non-residential property is developed.

A.

When a non-residential use is developed adjacent to a residential or institutional use or district, a vegetative planting area that is at least ten feet wide must be provided to materially screen, as determined by the Planning Director or designee, the principal and accessory structures and uses within the subject property from the view of abutting residential or institutional properties.

B.

When a non-residential use is developed across the street from a residential or institutional use or district, the vegetative planting area shall not be required in the front yard setback, except for a:

(1)

Parking area or lot with five or more parking spaces;

(2)

Side on corner setback of a corner lot (also known as the secondary front yard setback);

(3)

Outdoor storage;

(4)

Junkyard;

(5)

Mini-warehouse (storage units);

(6)

Boat storage area or facility; and

(7)

Salvage yard.

For those exceptions where screening is required in the front yard setback, all screening shall be as close as possible and practical to the non-residential use and extend no more than halfway to the right-of-way, except for any parking area or lot with five or more parking spaces. Such parking area or lot screening in the front yard setback shall use only species that generally do not grow to be taller than three feet.

C.

Lawns and other grassed areas shall not be included in calculating the width of the vegetative planting area. The vegetative planting area must be installed and be in compliance with the Zoning Ordinance before a Certificate of Occupancy can be granted.

D.

The vegetative planting area shall contain at least two groups of planted materials:

(1)

Group One: At least two off-set rows of evergreen shrubs shall be planted whose trunks are spaced not more than four feet apart at planting (measured side-to-side, as well as row-to-row), have a planted height of at least three feet, and are of such type that can be expected to be five feet or more in height after three growing seasons. The row that will be planted nearest to the land use being screened shall usually be planted between three and five feet from the land use.

(2)

Group Two: In addition, the vegetative planting area shall contain at least a separate row of shrubs that are dense, low-lying, continuous, and planted so as to visually fill-in the low-lying gaps between the trunks of the evergreen shrubs.

In addition to the required Group One and Group Two plantings, the developer is encouraged to do more than the minimum and to utilize additional groups and rows of shrubs and/or trees, as appropriate for the land use being screened and the surrounding residential and/or institutional uses.

E.

The intent of these screening requirements is that the Planning Director or designee shall have complete flexibility in approving the placement and location of the Group One and Two plantings so as to materially screen the ground floor of the land use or land uses. Such flexibility shall include placement at the property line, near the use, and all points in-between the use and the property line.

Chain-link and other wire fences on non-residential property cannot be used to provide required screening, even when slat inserts are used.

Such screening is not required at access points to the property, such as entrances, exits, driveways, and sidewalks. Screening planted near driveways, entrances, and exits intersecting with a roadway shall be planted so that the outside edge of the plantings is no closer than 15 feet to the intersection and shall be kept trimmed so that the outside edge of the plantings is no closer than 10 feet to the intersection. If a DOT driveway permit requires a sight triangle at a driveway, entrance, or exit, the portion of any required 15-foot vegetative planting area that would otherwise overlap the sight triangle shall be omitted.

F.

Maintenance of screening. All screening required by this ordinance shall be maintained in a healthy state by the property owner(s) so as to continue its effectiveness. Periodic inspections may be made to determine continued effectiveness of the required screening. Any deficiencies, if not addressed to the satisfaction of the Planning Director or designee, shall be treated as a violation of this ordinance.

Any shrub that is required screening that needs to be replaced due to an unhealthy state or because it has not grown to be five feet tall after three growing seasons shall be replaced within 30 days of notification in writing by the Planning Director or designee. Any trees that are required screening that need to be replaced due to an unhealthy state shall be replaced within 180 days of notification in writing by the Planning Director or designee. If the unhealthy state is caused by a natural disaster (such as a hurricane, extreme drought, forest fire, etc.), the replacement period for shrubs and trees shall be doubled to 60 days and 360 days, respectively.

The replacement screening shall be of the same species or of similar effectiveness for screening, as determined by the Planning Director or designee, and shall be at least as tall as the two nearest plants or plantings in that group, tier, or row, as appropriate.

G.

When a vegetative planting area is deemed inappropriate by the Planning Director or designee due to site, neighborhood, or other conditions, the Planning Director or designee may allow either a durable masonry wall or privacy fence or any combination of walls, fences, and vegetation that are designed to be compatible with the character of adjacent properties, as determined by the Planning Director or designee.

H.

Walls and fences. Within residential districts, walls and fences that are required by this ordinance must be at least five feet in height but shall not be greater than eight feet in height, measured from the ground along the common lot line of adjoining properties. Along non-residential zoning district boundaries, walls and fences that are required by this ordinance must be at least five feet in height but shall not be greater than ten feet high. Walls and fences must be constructed and maintained in a safe and sound condition. Walls and fences near driveways and entrances and exits intersecting with a roadway shall be no closer than ten feet to the intersection.

No fence or wall taller than three feet (whether required or not) may be located in the front yard setback or the side yard on street right-of-way setback.

When chain-link and other wire fences are installed on a non-residential property, they shall be screened by Group One plantings. Screening of other types of walls and fences on non-residential property is not required but plantings along them are encouraged, particularly along taller sections and longer stretches.

I.

Screening outdoor storage. Outdoor storage of any material, stocks, or equipment (other than junkyards and salvage yards), whether the outdoor storage is a principal use or an accessory use, on any lot within any district (other than a residential district or use) must be screened from any abutting residential use or district, in accordance with the requirements of this ordinance.

J.

Screening junkyards and salvage yards. Junkyards and salvage yards must be screened from public view from any public or private street and from any abutting lots in accordance with the requirements of section 1601.1 and other pertinent provisions of this ordinance.

K.

Waiver of screening requirements when screening is already provided. There may be cases where the unusual topography or elevation of a site, the size of the parcel involved, existing vegetation on the site, or the presence of screening on abutting property would make the strict adherence to the ordinance serve no useful purpose. In those cases, the Planning Director or designee is empowered to waive the requirements for some or all of the screening, as long as the spirit and intent of the ordinance and the general provisions of this ordinance pertaining to screening are adhered to.

L.

Vegetative requirements along shorelines of sounds, rivers, canals and other water bodies. Except when accessory structures are allowed in rear or side yards under other provisions of this ordinance, the minimum rear and side yards for the zoning district in which the lot is located shall remain vegetated on waterfront lots. The vegetation shall consist of grass, trees, other planted ground cover, or remain in a natural state. Only the sides of the lot abutting the sound, river, canal, or other water body shall comply with this requirement.

M.

Screening and trash receptacles. Dumpsters, trash compactors, and similar trash receptacles, whether located in a residential or non-residential development (other than a receptacle that serves just one single-family or two-family residence on the same premises), shall be enclosed on all four sides, except that one of the four sides may have a three-foot wide pass-through opening for persons to access the dumpster without having to open the dumpster gate. The trash receptacle shall be oriented so that the opening is visible to the fewest number of residences, whether the residences are on-site or off-site. Three of the sides must be constructed of durable materials that match or complement the principal building. The fourth side shall be an opaque gate that latches securely to prevent it from inadvertently opening. The wall and gate shall have a minimum height of eight feet. A chain link fence shall not be permitted for the wall or the gate.

1601.2.General buffering requirements. Buffering is used to reduce conflicts between and impacts on, adjoining land uses by separating them with a grassed buffer yard or strip. The developer may substitute a landscaped buffer for the grassed one.

A.

When a non-residential property is developed adjacent to a:

(1)

Residential or institutional use or district, at least a five-foot wide buffer yard or strip must be provided along all side property lines and at least a 15-foot wide buffer yard or strip must be provided along all rear property lines that abut that residential or institutional use or district.

The developer may elect to use a durable masonry wall or privacy fence that is at least eight feet tall and is designed to be compatible with the character of adjacent properties. If the materials, height, and design are approved by the Planning Director or designee, the approved wall or fence may be used to substitute for up to 8 feet of the required 15-foot buffer yard or strip.

(2)

Public or private street, at least a 20-foot wide grassed buffer yard or strip must be provided along all property lines that abut or are a part of a public or private street.

B.

No fence or wall taller than three feet (whether required or not) may be located in the front yard setback or the side yard on street right-of-way setback. The required buffer yard or strip must be installed and be in compliance with the Zoning Ordinance before a Certificate of Occupancy can be granted.

C.

Maintenance of buffering. Any buffer yard or strip that is required by this ordinance shall be maintained in a healthy state by the property owner(s) so as to continue its effectiveness. Periodic inspections may be made to determine continued effectiveness of the required buffering. Any deficiencies, if not addressed to the satisfaction of the Planning Director or designee within 30 days of notification in writing by the Planning Director or designee, shall be treated as a violation of this ordinance.

(Amd. of 11-19-07(5); Ord. of 7-21-08(5))

The Federal Emergency Management Agency (FEMA) governs development within flood zones with the use of flood insurance rate maps (FIRM). Five flood zones have been designated: "VE", "AE", "AO", Shaded X and Unshaded X zones. Any development within the "VE", "AE", and "AO" zones must meet the minimum height requirement as per the FIRM. Should a property owner not agree with the FIRM, an appeal may be made to FEMA.

(Res. of 6-21-21)

The North Carolina Coastal Area Management Act (CAMA) governs development within certain areas of environmental concern, including areas directly abutting coastal waters. Prior to issuance of a zoning permit, required CAMA permits must have been issued.

1604.1. The following structures, features, or equipment are permitted above the height limit in any district: silos, skylights and roof structures for elevators, stairways, tanks, ventilating fans, air conditioning, or similar equipment for the operation or maintenance of the building and any device used for screening such structures and equipment.

1604.2. The following structures are permitted above the height limit on lots in the business, church campus, and industrial districts which do not abut lots in any residential district: towers, steeples, flagpoles, chimneys, water tanks or similar structures. If this type of structure is on a lot which abuts a residential district, then the part of the structure above the height limit must be separated from any such abutting lot line by a distance equal to at least one-half of its height measured from the ground. Towers used to support electric power and other utility lines are exempt from this requirement.

1604.3. The structures listed in section 1604.2 above are also permitted above the height limit in residential districts. However, any part of such a structure which extends above the height limit must be separated from any abutting property line by a distance equal to at least half of its height measured from the ground. Otherwise the structure will be subject to the usual requirements for the particular district. Towers used to support electric power and other utility lines are exempt from this requirement. Towers and other similar structures used solely for the purposes of amateur radio reception and transmission shall be exempt from this requirement.

1604.4. Radio and television towers and similar structures are permitted above the height limit in any district. If such a structure is located on a lot in or abutting a residential district, it must be located at least 50 feet from all abutting residential property lines or at a distance equal to its height, whichever is greater.

1604.5. The height of any structure shall be measured from its finished grade.

Accessory structures will not be permitted in any required front yard or within five feet of any side or rear exterior property line. If located on a corner lot, the accessory structure will not be nearer to the side street than the principal structure. Security guard stations and gates may be located within any required setback or yard provided that the site has been approved by the zoning enforcement officer. Underground accessory structures will be permitted within any setback or yard requirement in any district but shall not be permitted any closer than five feet to any exterior property line. Canopies to cover gasoline pumps are permitted to be located ten feet from any exterior property line. Exempted from the requirements for accessory structures are well houses, fences, mail boxes, flower boxes, dog houses, and the like.

Public utilities may be established in any district in conformance with the requirements listed below:

.1

Lots must conform to minimum setback and yard requirements of the district in which they are located.

.2

The design of buildings, structures and facilities on the site should conform as closely as possible to the character of the area or neighborhood.

.3

Adequate fencing or comparable safety devices must be installed and maintained in order to make the facility inaccessible to the public.

.4

Portions of properties not used for buildings, parking, or related services must be maintained with planted ground cover. Screening must be provided in accordance with the provisions of section 1601.

Minimum Building Setbacks

Detached garages, carports, and accessory buildings may be constructed a minimum of five feet from a side or rear property line. Such buildings shall, however, be set back fifteen feet from a side property line that abuts a street on a corner lot and set back from a front property line a minimum of 20 feet.

(Res. of 5-18-15)

When two or more uses occupy the same building and those uses would normally have different minimum requirements, the more restrictive requirements shall apply. The off-street parking and loading requirements for each use must be fully met.

When a lot is nonconforming relative to its width, the side yard requirements for the lot may be reduced by a distance equal to the average of the district requirement and the established nonconforming side yard created by existing primary structures within a 300-foot radius. In no case shall a structure and its architectural features such as cornices, eaves, steps, gutters and fire escapes be allowed any closer than seven feet to a side property line.

Architectural features such as cornices, eaves, gutters, and handicapped ramps may project up to three feet into any required yard or beyond any required setback unless such a feature would obstruct driveways which may be used for service or emergency vehicles. HVAC equipment and other machinery attached to and servicing a dwelling may project up to three feet into any required yard or beyond any required setback.

(Res. of 6-21-21)

In business and industrial districts, side and rear yards are not required abutting railroad rights-of-way. In I-W and P-I districts side yards and rear yards are not required on the waterfront side of lots that abut the water.

The location of required front, side, and rear yards on irregularly shaped lots will be determined by the zoning enforcement officer. The determination will be based on the spirit and intent of this ordinance to achieve an appropriate spacing and location of buildings on individual lots.

In any zoning district, the side yard requirements for corner lots along the side street right-of-way shall be required to have an additional ten feet of yard requirement, unless otherwise stated.

If both the front and rear yards of a lot abut public streets, then the minimum rear yard will be the same as the minimum front yard for the district. Section 1626 also contains standards for yards, including rear yards which abut thoroughfares.

Only one principal building and its customary and/or rightful accessory buildings may be erected on any residentially zoned lot or any individual lot zoned MC which is not an approved mobile home park, unless otherwise authorized by this ordinance.

(Amend. of 4-3-95(2))

No building shall be erected on any subdivided lot which does not abut at least 25 feet on a street, unless such lot has been exempted under the Carteret County Subdivision Regulations or was given preliminary approval prior to the adoption of this ordinance or is a lot of record.

Within residential districts, no wall or fence may exceed eight feet in height within any required yard. This wall and fence height limit does not apply to walls and fences constructed around electric and gas substations, telephone repeater stations or huts, sewage treatment plants, pressure regulator stations, buildings to house pumps and lift stations and similar structures; radio, telephone and television masts, towers, antennas, and similar structures; municipal reservoirs and water storage tanks. Walls and fences related to these uses need not conform to any of the yard or setback requirements specified in this ordinance.

(Amended June 2, 2008)

Driveway permits shall be required upon any road or right-of-way upon which the North Carolina Department of Transportation requires one.

On a corner lot in any residential district, no plantings, fence, wall, or other obstruction to visibility more than three feet in height shall be placed in the area bounded by the street rights-of-way of such corner lots and a line joining points along said street rights-of-way 50 feet from the point of intersection.

The following shall apply to institutional uses when permitted by right or by special use in residential districts. Where permitted by right or by special use in other than residential districts, the rules and regulations of that district shall apply.

.1

Government buildings uses:

a)

Minimum lot size shall be one acre;

b)

Screening may be required in accordance with section 1601;

c)

The minimum setbacks of the residential district in which the building is located must be met;

d)

Off-street parking shall be required in accordance with section 2000;

e)

Any other applicable requirements of the zoning ordinance must be adhered to.

.2

Fire and rescue stations:

a)

Minimum lot size shall be one acre;

b)

Screening shall be required in accordance with section 1601;

c)

The minimum setback for all sides shall be 30 feet;

d)

Off-street parking shall be required in accordance with section 2000;

e)

Any other applicable requirements of the zoning ordinance must be adhered to.

.3

Family-care home:

a)

Minimum lot size shall equal what is required for the specific district in which the family care home is to be located;

b)

Minimum setbacks shall be in accordance with the specific district in which the family care home is to be located;

c)

Off-street parking shall be in accordance with section 2000;

d)

No family care home shall be located any closer than 0.5 mile from an existing family care home;

e)

Any other applicable requirements within the zoning ordinance shall be adhered to.

.4

Public or private schools:

a)

Minimum lot size shall be one acre;

b)

Minimum setbacks shall be 30 feet on all sides;

c)

Screening shall be required in accordance with section 1601;

d)

Off-street parking shall be in accordance with section 2000;

e)

Any other applicable requirements within the zoning ordinance shall be adhered to.

.5

Public parks:

a)

Minimum lot size shall be one-half acre;

b)

Minimum setback shall be in accordance with the residential zoning district in which the park is located;

c)

Off-street parking shall be in accordance with section 1601;

d)

Any other applicable requirements within the zoning ordinance shall be adhered to.

.6

Public utility facilities: See section 1606.

(Ord. of 6-1-93)

1.

These requirements do not apply to a bona-fide farm but do apply to one or more herbivores and birds heavier than 50 pounds (such as horses, mules, ponies, llamas, alpacas, emus, ostriches, kangaroos, giraffes, etc.), whether or not housed in a barn, stable or similar structure.

2.

The minimum parcel size is one acre.

3.

The number of herbivores and large birds shall be limited to one per acre, with the exception that, for a private stable on a three-acre or larger parcel occupied by a single-family residence, the number may equal the number of family members living on the premises.

4.

All such larger herbivores and birds shall be confined within a fence or other enclosure that is suitably-engineered and constructed for such use, as determined by the Planning Director or designee. The fence shall be sturdily-constructed with new material and maintained in good repair and finish.

5.

All barns, stables, and similar structures shall be located at least 50 feet from all property lines.

6.

Caretaker quarters shall be permitted within the barn, stable, or similar structure.

(Added 8-15-11)

1626.1 When the front, rear or side yard of a lot in any district abuts a thoroughfare, the minimum setback on the side of the thoroughfare shall be 40 feet.