Note: Uses expressed are not all inclusive, but are general. Uses requested that are not expressed in the table should be categorized under an expressed use that most closely matches what is being.

   To determine the zoning district in which a particular use is permitted:

   (A)   Find the use in the left column;

   (B)   Read across the chart until either a number or “x” appears in one of the columns;

   (C)   If a number appears, the use must be approved in accordance with the special use permit process in the zone represented by that column, but only if special conditions are met (see §§ 153.027 through 153.040 for special conditions). Accessory uses and structures and in-ground swimming pools are permitted by right subject to the conditions provided, a special use permit is not required.

   (D)   If “x” appears in the column, the use is permitted in the zone represented by that column without being subject to any of the special conditions listed.

   (E)   A blank space means that the use is not permitted in the zone represented by the column.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10)

 

(Ord. passed 6-8-78; Am. Ord. passed 10-13-94; Am. Res. passed 1-8- 04; Am. Res. passed 4-8-10; Am. Ord. 2014-003-O, passed 6-12-14; Am. Ord. passed - -; Am. Ord. passed 5-9-24)

   (A)   Conditions shall be mutually agreed upon between the BOC and the applicant, consented to in writing, and shall be limited to standards that are site specific, that will ensure conformance with relevant codes and adopted land use plans for the town, and that will address the impacts reasonably expected to be generated by the development and use of the site. Reasonable and appropriate conditions and safeguards may be imposed upon these permits. Where appropriate, such conditions may include requirements that street and utility rights-of-way be dedicated to the public and that provision be made for recreational space and facilities. Conditions and safeguards imposed under this division shall not include requirements for which the town does not have authority under statute to regulate nor requirements for which the courts have held to be unenforceable if imposed directly by the town, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. § 160D-702(b), driveway-related improvements in excess of those allowed in G.S. § 136-18(29) and G.S. § 160A-307, or other unauthorized limitations on the development or use of land. Special use approval shall be the responsibility of the town BOC following a quasi-judicial hearing, consideration of the facts surrounding the request, and their determination by majority vote as to the reasonableness and consistency of the proposal to the town’s adopted land use planning documents. The BOC shall approve, approve with conditions, or deny the request for a special use permit. In reviewing a request for a special use permit, the BOC, with due consideration of adjacent properties and uses in the affected district, shall make findings of fact that the following requirements are fulfilled:

      (1)   The use requested is listed among the special uses in the district for which application is made; or is similar in character to those listed in that district;

      (2)   The special use will not impair the integrity or character of the surrounding or adjoining districts, nor adversely affect the safety, health, or welfare of the community or of the immediate neighbors of the property; and

      (3)   The requested special use will be in conformity with the approved land use plan;

      (4)   Adequate utilities, roads, driveways, parking, stormwater control, sanitation, and other necessary facilities have been or are being provided;

      (5)   That the use will not endanger the public health or safety if located where proposed and developed according to the plan as submitted;

      (6)   That the use will not substantially injure the value of adjoining or abutting property;

      (7)   That the location and character of the use, if developed according to the plan submitted and approved, with be in harmony with the area in which it is to be located; and

      (8)   Whether additional limitations or restrictions are necessary in order to protect properties. Said restrictions may include: setback limitations, fencing and screening of structures, height restrictions, continued maintenance of the structure, restrictions on signage, and aesthetic considerations.

   (B)   Larger developments may be approved with conditions permitting multi-phase construction, but development in these phases shall be limited to the plans and specifications presented and approved at the time of the original submission. All subsequent amendments or changes shall require full approval process like a new project or subdivision.

   (C)   The special conditions that follow in §§ 153.027 through 153.040 of this subchapter, shall be met by the designated uses listed in the permitted use table set forth in § 153.025 of this subchapter according to the numerical codes provided in parentheses within the following section headings.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10; Am. Ord. passed - -)

   Accessory structures must meet the same minimum setback requirements as principle structures and must be located street-ward of the build-to-line on all properties immediately adjacent to the ocean or marsh as provided in § 153.087. A special use permit is not required for an accessory structure or use, unless otherwise specified by this chapter.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10; Am. Ord. passed - -; Am. Ord. passed - -) Penalty, see § 10.99

   (A)   An application for R-MH mobile home district must be submitted accompanied by a schematic plan and supplementary text showing the following:

      (1)   Name of mobile home park or subdivision; names and addresses of owners and designer.

      (2)   Date, north arrow and scale.

      (3)   Property boundary and area.

      (4)   Topography at four foot contour intervals (existing and primary proposed).

      (5)   Adjacent streets.

      (6)   All proposed land uses.

      (7)   Proposed buildings (Show outline and number of floors).

      (8)   Proposed mobile home lots or space.

      (9)   Proposed streets and private drives, parking areas and the total number of parking spaces to be provided.

      (10)   Recreation areas and other areas.

      (11)   Where water supply or sewage disposal system will be other than by connection to public facilities, the petitioner shall secure and submit a statement from the County Health Department that the proposed systems will meet the needs for the population contemplated.

   (B)   Lot requirements for mobile home subdivisions in the R-MH District shall be in accordance with the requirements for the R-20 District.

   (C)   Development requirements for mobile home parks within the R-MH District shall be as specified below.

      (1)   The minimum area of any site to be developed as a mobile home park shall be five acres, including rights-of-way and utility easements.

      (2)   There shall be no less than ten mobile home spaces available at first occupancy.

      (3)   A mobile home park shall abut a publicly dedicated street for a minimum distance of 60 feet.

      (4)   The minimum setback from a public street shall be 40 feet. There shall be no parking permitted within the required setback.

      (5)   All buildings, structures, and mobile home stands shall be located at least 30 feet from any exterior property line not a street right-of-way line.

      (6)   A mobile home park shall be equipped with private drives paved to a width of at least 20 feet, measured from edge of pavement to edge of pavement, and graded to a width of at least 30 feet for two-way traffic, and paved to a width of ten feet and graded to a width of 20 feet for one-way traffic.

      (7)   The mobile home park shall be designed and graded in such a manner as to allow for the adequate runoff of storm water. Storm drains shall be provided with sufficient inlets located at points of surface water accumulation to adequately intersect surface flow.

      (8)   A mobile home park shall be equipped with electricity, water and sanitary waste disposal facilities to the extent that convenient, safe and sanitary connections may be made with each mobile home in the park, in accordance with existing statutes and local ordinances.

      (9)   Screening shall be utilized on all sides of a mobile home park. Consideration shall be given to topography, large trees, vegetation, site design and land uses in the evaluation of the extent of required screening. Whenever screening is required, either a durable masonry wall, fence or berm, natural planting and landscaping, designed to be compatible with the character of adjoining properties shall be provided. Walls and fences shall be at least five feet in height but not greater than six feet in height, measured from the ground along the common lot line of adjoining properties. Hedges or comparable natural plantings shall be planted at an initial height of at least three feet and shall be of such variety that an average height of at least six feet could be expected within no later than two years from the time of planting.

      (10)   Recreation areas shall be provided to meet the anticipated needs of the residents of the mobile home park. Provision of separate adult and tot lot recreation areas is encouraged. Not less than 8% of the gross site area shall be devoted to recreational uses. Recreation area includes space for community buildings and community use facilities, adult and child play areas, swimming pools, and drying yards. The design of recreation areas shall be appropriate for the intended use and location of the activity.

      (11)   Site planning and improvements shall provide for the following:

         (a)   Site planning should adapt to individual site conditions. An informal park type of site planning which conforms to terrain, existing trees and shrubs is preferred. The mobile home space should be fitted to the terrain with a minimum of disturbance of the land. Existing trees and other natural site features shall be preserved to the extent practical. Variations in the street pattern, block shapes and location of mobile home stands should be employed. Excessive repetition of the principal elements of the plan is not acceptable.

         (b)   Adequate protection shall be provided against any undesirable off-site views or any adverse influence from adjoining streets and areas, and protection of off-site residential areas from undesirable views and adverse influences from areas within the park. Consideration shall be given to the location and arrangement of mobile homes and of buildings, recreation and parking areas, the nature and extent of screening, setbacks, street design, and open space in the evaluation of the site plan and its relation to surrounding areas.

   (D)   In approving an application for R-MH mobile home district, the Town Board shall find:

      (1)   That the proposed site and development plan provide for adequate access to the public street system without causing undue congestion or placing excessive traffic loads and local streets.

      (2)   That the size and shape of the site is adaptable to good mobile home park design and that development of the site for mobile home uses will not unduly obstruct development of adjoining property.

      (3)   That implementation of the development plan will not disrupt unduly any natural features of the site such as topography, streams or tree cover.

      (4)   That the development plan provides effective screening of the park from adjoining single- family residential areas so as to minimize adverse effects on these areas.

   (E)   Site development within the R-MH District shall conform to the schematic plan and associated requirements approved by the Town Board. Modification of the development plan and associated requirements may be made by the Town Board subsequent to their initial approval upon application thereof by the owner of property.

   (F)   Following Town Board approval of an R-MH mobile home district, the property for which approval was granted shall be labeled R-MH on the official zoning map.

   (G)   If development in the R-MH District is not started within one year of the date of approval, the Town Board may consider rezoning the site to its previous classification.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   (A)   An application for multi-family uses shall be accompanied by schematic plans showing:

      (1)   Proposed locations of buildings and their general exterior dimensions.

      (2)   Proposed use of all land within the area requested for rezoning.

      (3)   Dimensions between all buildings and from buildings to property lines.

      (4)   Traffic, parking and circulation plan, showing proposed locations and arrangement of parking spaces and ingress and egress to and from adjacent streets.

      (5)   Proposed location and material of any screening walls, fences or plantings.

      (6)   Proposed exterior design of buildings.

      (7)   Schedule of number and size of apartments within the project.

      (8)   Proposed time schedule and staging, if any, for construction of the project.

   (B)   Development requirements within the R-20MF multi-family district shall be as specified in the following subsections:

      (1)   The minimum area requirement shall be 20,000 square feet for the first dwelling unit in the project and 5,000 square feet for each additional dwelling unit. (See § 152.42(K))

      (2)   The minimum setback from street, and minimum side and rear yards shall be 40 feet.

      (3)   The minimum unobstructed open space shall be 70% of total lot area.

      (4)   The maximum height of structures shall not exceed the higher of:

         (a)   Twenty-six feet above the regulatory flood protection elevation; or

         (b)   Thirty-five feet above the mean elevation.

      (5)   Every building shall be separated on every side, from any other building within the building group by a distance of at least 25 feet.

      (6)   Parking of motor vehicles shall not be permitted within the required setback.

   (C)   In approving an application for R-20MF multi-family districts, the Town Board shall find that the proposed development will be compatible with general neighborhood development plans, will not place excessive traffic load on local streets and that the site can be developed according to a site plan that will minimize adverse effects on any adjacent single-family residential areas.

   (D)   Site development within the R-20MF multi-family district shall conform to the schematic plan and associated requirements approved by the Town Board. Modification of the development plan and associated requirements may be made by the Town Board subsequent to their initial approval upon application thereof by the owner of the property.

   (E)   Following Town Board approval of an R-20MF multi-family district, the property for which approval was granted shall be labeled “R-20MF M.D.” on the official zoning map.

(Ord. passed 6-8-78; Am. Res. passed 12-13-07; Am. Res. passed 4-8-10) Penalty, see § 10.99

   (A)   The use shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

   (B)   Use of the dwelling for the home business shall be limited to 25% of one floor of the principal building. No special space may be designed or arranged for the business.

   (C)   No one other than a resident of the premises shall be employed in connection with the home business.

   (D)   No display of products shall be visible from the street.

   (E)   A home business may not be conducted if it requires parking by transient clients or invitees on a regular basis in excess of that needed for residents.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   Overground storage of any flammable or combustible liquid in excess of 500 gallons is not permitted in any zoning district. The permitted storage may only be used for heating purposes.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   (A)   Governmental services requiring structures shall be subject to strict architectural review to ensure compatibility to adjacent properties and the district they are in. All such structures shall only be permitted as special uses as set forth in § 153.026 unless use is permitted in the table in § 153.025.

   (B)   Public utility stations or substations shall be permitted only if the use is surrounded by suitable fencing to protect the public. Utility transmitting or relay stations or towers are permitted provided that no such station or tower shall be permitted on a site less than one acre in area and that no site shall have a horizontal dimension less than twice the height of the tower. In addition, no radio or other transmission tower which would cause interference to local radio or television reception, or which would endanger the public or neighboring property, shall be permitted. In residential districts, all buildings shall be in character with surrounding residences. Minor structures, such as hydrants, telephone or light poles, pole transmitters or transformers, or similar equipment, shall not be subject to these regulations.

   (C)   Public utility transmission lines shall be permitted only if a right-of-way of sufficient width shall permit the safe construction and maintenance of the line and prevent any hazard to surrounding property. On a one or two circuit transmission line, the distance from the tower base to the nearest boundary of the transmissions line right-of-way shall be no less than 25 feet. On a three or four circuit transmission line, the distance shall be no less than 50 feet. The Town Board may require suitable fencing or landscaping of a tower base when in the opinion of the Board it is necessary to protect the public or conserve the values of the surrounding property. Telephone, electric light and power lines carrying less than 33,000 volts and usually located along public highways, or to local underground conduits, cables, gas, sewer and water mains or pipes are not subject to these special conditions.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10; Am. Ord. 2014-003-O, passed 6-12-14; Am. Ord. passed - -) Penalty, see § 10.99

   The uses set forth in the permitted use table and marked with numerical code 7 are permitted provided the proposed development meets all applicable federal, state and local laws, such as:

   (A)   Sand Dunes Protection Ordinance.

   (B)   Implementation and Enforcement Plan.

   (C)   Flood Plain Ordinance.

   (D)   Chapter 98: Protection and Maintenance of Areas Zone Conservation.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   (A)   The building that will house the sales/management office must be located on the parcel of land indicated in the master plan, and its location must be shown in the master plan. The developer/owner desiring the use of a sales/management office must own property of no less than 20 acres in order to qualify for an office of this nature. Only one building for this use will be permitted in each development.

   (B)   The lot upon which the sales/management office is located shall be landscaped to conform to the general landscaping of the total development, and plantings of sufficient height and density shall be provided along any abutting residential properties to provide visual screening.

   (C)   Property may not be used for the closing of any real estate transactions.

   (D)   Any sales/management office related to construction or development cannot remain after technical improvements are complete and after sale and recording of 80% of the property shown on the recorded Planned Unit Development (PUD) or Subdivision Plat. In any event, no sales/management office may remain more than 18 months from the recordation of the original subdivision plat, provided, however, that a request for continuing the use may be submitted to the Town Board for extensions.

   (E)   All structures must comply with the town's zoning ordinance as they affect set back requirements.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   (A)   Must be set back 20 feet from all roads and adjoining property lines.

   (B)   Must be enclosed by a fence.

   (C)   All lights must be screened so as to avoid glare into adjoining properties.

   (D)   The courts should have a buffer of appropriate shrubbery planted around them so as to mask the fencing.

   (E)   If not located on a private lot, must be located on a parcel of land established in the master plan of the subdivision or planned unit development for leisure and/or park and recreational use.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   (A)   Permitted only as specified in § 153.015 in conjunction with an in-town HOA/POA.

   (B)   Beach clubs as defined by this chapter are prohibited in all districts.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   (A)   For construction requiring a permit and resulting in a certificate of occupancy, storage facilities, including portable on demand storage (PODS), shipping containers, or similar facilities for the storage of equipment, supplies, and materials may temporarily be located on property that is owned by the individual or corporation seeking permission to use same. The owner shall secure a permit from the Zoning Administrator prior to placing a trailer on their property. The permit shall not allow the facility to remain in excess of six months. Once the certificate of occupancy is issued, the facility must be removed within two weeks. Permission can be given to extend the duration of use for a period of six months subject to review and approval by the Zoning Administrator.

   (B)   For renovations, storm damage repairs, or other short term construction not resulting in a certificate of occupancy: temporary storage units including PODS, shipping containers or similar facilities are permitted for up to 90 days with extensions granted for cause by the Zoning Administrator.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   (A)   Must comply with zoning set back requirements for structures.

   (B)   If located in a planned unit development, the pool must be placed on property designated for leisure or parks and recreation.

   (C)   Must be surrounded by a security fence that can provide a secured enclosure of at least four feet in height, or such height as is required by NC Building Code, whichever is greater. On properties adjacent to the ocean or marsh, pool security fences shall be either clear, colorless, transparent glass type construction or picket or baluster type construction. Pickets or balusters shall be sized and spaced to provide a minimum of 50% transparency measured between the vertical supports or pilings. Lattice style fences are not permitted.

   (D)   To minimize disruption to the dunes and destruction of the natural vegetation of the dunes, pools on ocean front properties including all related surrounding structure shall be located so as not to extend beyond a line 40 feet seaward of the principal structure.

   (E)   All swimming pools proposed within a VE special flood hazard zone shall be subject to the requirements of § 151.46.

   (F)   Pools must be located in the rear yard.

   (G)   Pools must be in-ground. Pool and related deck must not extend more than six inches above surrounding ground surface.

   (H)   Swimming pools are not permitted in front or side yards.

(Ord. passed 6-8-78; Am. Ord. passed 10-13-94; Am. Res. passed 4-8- 10; Am. Ord. passed - -; Am. Ord. passed - -; Am. Ord. passed 9-9-21; Am. Ord. passed - -; Am. Ord. passed 5-9-24) Penalty, see § 10.99

   (B)   Model homes/units are allowed according to the following requirements:

      (1)   The model/unit must be owned/leased and operated by the developer of the property, or by a single executive sales/marketing agency contracted by the developer.

      (2)   The model/unit may be manned by sales agents, but no substantial office activity may take place on the premises. Substantial office activity is indicated by the closing of sales, the presence of secretarial staff, or by deliveries of supplies and equipment, and the like. Under no circumstances will the model/unit be used as surrogate places of business to conduct real estate business not associated with the specific development in which they are located. An unmanned unit shall be defined as a finished unit that is furnished and may be shown, however it may not be occupied by sales agents, nor may any real estate office activity take place therein.

      (3)   The model/unit may be indicated by a sign in accordance with §§ 153.110 through 153.123 of this chapter.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   Dwelling units which meet the definition of a modular home as defined in § 153.002 are permitted in zoning districts R-20MF, R-20, R-12, R-8, RRCD and CR, provided the units comply with the following requirements:

   (A)   The home must be constructed to meet coastal and flood plain construction standards of the State Building Code and the town's zoning, subdivision, and building standards.

   (B)   No roof will have less than a four in 12 pitch and will have a roof covering that meets Section 26 of the North Carolina Uniform Residential Building Code, Volume I. All roof structures shall provide an eave projection of no less than 16 inches.

   (C)   The home must provide a minimum distance of seven feet, six inches from the top of the foundation to the bottom of the eave.

   (D)   The home is to be placed on a permanent foundation as required by the State Building Code for permanent dwellings.

   (E)   The home must be placed on the lot so that its front entrance faces the front of the lot and all setback requirements are met.

   (F)   If placed on pilings, an engineer or architect will be required to insure compliance with Section 37 of the North Carolina Uniform Residential Building Code Volume land relevant CAMA/Flood Zone requirements.

(Res. passed 4-10-97; Am. Res. passed 4-8-10)