Caswell Beach City Zoning Code
OPEN SPACE
LOT, AND STRUCTURE REQUIREMENTS
§ 153.080 ENCROACHING UPON OPEN SPACE AND BUILD-TO-LINE PROHIBITED.
The minimum yards and off-street parking and loading space required by this chapter shall not be encroached upon. This applies to each and every building hereafter erected or structurally altered. These open spaces shall not be considered as meeting the open space requirements for any other building. In addition, no structure shall be placed beyond the established build-to-line established in accordance with § 153.087. Where the provisions established by § 153.087 are more restrictive than those established by setbacks, § 153.087 shall apply.
(Ord. passed 6-8-78; Am. Res. passed 4-8-10; Am. Ord. passed - -) Penalty, see § 10.99
§ 153.081 ONE PRINCIPAL BUILDING PER LOT.
Not more than one principal building shall be constructed on any one lot.
(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99
§ 153.082 LOCATIONS OF BUILDING LINES ON IRREGULARLY-SHAPED LOTS.
These locations shall be determined by the Town Building Inspector on a case-by-case basis while achieving the spacing and location of buildings on individual lots consistent with the intent of the district regulations in which the site is located. Dimensional requirements of § 153.084 shall be adhered to.
(Ord. passed 6-8-78; Am. Res. passed 9-8-05; Am. Res. passed 4-8-10) Penalty, see § 10.99
§ 153.083 CONTINUATION OF NONCONFORMANCE.
Except as restricted in § 153.081, residential dwellings may be built on any lot which was recorded prior to the enactment of this chapter even though it may not meet the lot width and area requirements established by this chapter. Any lot or structure being used lawfully before this chapter was enacted may continue to be used in the same manner after the date of adoption of this chapter even though such use is not now permitted under the terms of this chapter. Specific regulations concerning nonconformance are given in §§ 153.050 through 153.056 of this chapter.
(Ord. passed 6-8-78; Am. Res. passed 4-8-10)
§ 153.084 SCHEDULE OF AREA, HEIGHT AND SETBACK.
Zoning District | Minimum Lot Area Per Principal Use in Square Feet | Required Setback Line Minimum Dimensions in Feet** | Maximum Height | Minimum Lot Size | |||||
Front | Side (one only) | Side (total two) | Rear** | In feet (See Note 1) | In stories | Area in square feet | Width in feet | ||
R-20SF | 20,000 | 30 | 8 | 16 | 25 | 2 | 20,000 | 40 street side | |
R-20 | 20,000 | 30 | 8 | 16 | 25* | 2 | 20,000 | 100 | |
R-12 | 12,000 | 30 | 8 | 16 | 25* | 2 | 12,000 | 75 | |
R-8 | 8,000 | 30 | 8 | 16 | 25* | 2 | 8,000 | 50 | |
Business | 2 | ||||||||
RRCD | 40 | ||||||||
R-20MH | 20,000 | 40 | 30 | 60 | 30 | 2 | 20,000 | N/A | |
R-20MF | 20,000 | 40 | 40 | 80 | 40 | 2 | 20,000 | N/A | |
CR | 70 | 50 | 100 | 50 | 2 | ||||
NCR | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A |
* In zoning districts denominated as R-20, R-12, R-8, when the designated lot is located on the north side of State Road 1100 and is a non-conforming lot due to the fact that the subdivision plat map was recorded prior to the date on which the municipality became incorporated and the square footage of the lot is less than the minimum lot size designated in the schedule, there shall be no rear set back. ** Placement of structures on properties immediately adjacent to the ocean or to the marsh is further controlled by the Build-to-Line § 153.087. | |||||||||
Note (1) The maximum height of structures shall not exceed the higher of: (a) 26 feet above the regulatory flood elevation; or (b) 35 feet above the mean elevation. | |||||||||
(Ord. passed 6-7-78; Am. Ord, passed 10-13-94; Am. Res. passed 3-9-95; Am. Res. passed 12-13-07; Am. Ord. passed 4-8-10; Am. Res. passed 5-10-12; Am. Ord. passed - -)
§ 153.085 AIRPORT HEIGHT CONTROL ORDINANCE ADOPTED.
The Town Council hereby adopts by reference the Airport Height Control Ordinance that was adopted by the County of Brunswick on June 7, 1999, as if set out herein in its entirety, for all land areas affected by the ordinance within its territorial jurisdiction. The administration and enforcement of the ordinance shall be in accordance with the administration and enforcement of the town's zoning ordinance.
(Res. 3-9-00; Am. Res. passed 4-8-10)
§ 153.086 SCHEDULE OF MAXIMUM BUILT-UPON AREA AND BULK SIZE.
Zoning District | Minimum Lot Area Per Principal Use In Square Feet | Maximum Built-upon Area as % of Actual Lot Size* | Maximum Bulk Size of Single Family Residential Structures in Square Feet (See Bulk Size Definition) |
Zoning District | Minimum Lot Area Per Principal Use In Square Feet | Maximum Built-upon Area as % of Actual Lot Size* | Maximum Bulk Size of Single Family Residential Structures in Square Feet (See Bulk Size Definition) |
R-20SF | 20,000 | 30% | 5,400** |
R-20 | 20,000 | 30% | 5,400** |
R-12 | 12,000 | 36% | 5,400** |
R-8 | 8,000 | 36% | 5,400** |
Business | |||
RRCD | NA | NA | NA |
R-20MH | 20,000 | 20% | NA |
R-20MF | 20,000 | 20% | NA |
CR | NA | NA | NA |
NCR | NA | NA | NA |
* Note: The schedule of maximum built-upon area and bulk size is not intended to render nonconforming any use or structure in existence at the time of adoption. Nothing in § 153.086 shall prohibit the repair or rebuilding of a structure or use based solely upon the lot coverage or bulk size requirements imposed, should such a structure be destroyed or damaged by fire, explosion, tornado, earthquake, hurricane or similar uncontrollable cause. Should a structure suffer such damage or destruction it must be permitted to be repaired or rebuilt in the same footprint that was occupied prior to the damage within one year of the date of such damage, but not thereafter. | |||
** Note: In determining compliance with the requirements of § 153.086, compliance with maximum built-upon area is the first consideration. Therefore, a structure of 5,400 square feet bulk size is permitted only if the resultant total built-upon area associated with the construction of the residence including all other impervious or partially impervious surfaces complies with the maximum built-upon area limitations set out in § 153.086. | |||
(Ord. 2013-08-O, passed 5-9-13; Am. Ord. 2014-008-O, passed 11-13-14)
§ 153.087 BUILD-TO-LINE.
(A) Existing configuration of land.
(1) The existing configuration of the land and its natural vegetation shall not be altered from the principal natural features of the town landscape. All construction and placement of structures, including but not necessarily limited to housing, exterior decks, walkways, docks, and viewing and seating platforms detached from housing, and landscape planting shall be governed by an intent to limit intrusions into the natural features and beauty of the town's landscape.
(2) The natural features referred to in division (A)(1) will be taken to mean:
(a) The ocean located generally to the south of the beach area.
(b) The foredune of this area immediately behind the beach strand and to the vegetation of this foredune.
(c) The tidal marsh generally to the north of the town, and marsh and the land to be used for human habitation.
(B) Ocean-front properties.
(1) Ocean-front properties. The build-to-line is a straight line drawn between the points farthest from the street lot line on the immediately adjacent structures. The line is drawn between that point on each of the immediately adjacent structures that is farthest from the street lot line when measured perpendicularly to the roadway. Should there be no immediately adjacent structure or structures, the above-mentioned straight line shall be made between the nearest adjacent structures, taking into consideration the curve of the road in front of the property.
(2) Marsh-side properties. The build-to-line is a straight line drawn between the points farthest from the street lot line on the immediately adjacent structures. The line is drawn between that point on each of the immediately adjacent structures that is farthest from the street lot line when measured perpendicularly to the roadway. Should there be no immediately adjacent structure or structures, the above-mentioned straight line shall be made between the nearest adjacent structures taking into consideration the curve of the road in front of the property.
(3) Determination of the ocean-ward or marsh-ward points of adjacent properties farthest from the street lot line and production of the build-to-line. Using the entirety of each adjacent structure with all attached above-ground level features, the surveyor preparing the proposed building plan shall identify, by survey measurement, the point on each structure that is farthest from the street lot line. The surveyor will prepare a certified line between those points, that will establish the build-to-line. Existing fences and walkways over the dunes shall not be used in the survey measurement. Elevated stairs leading from the principal structure to a walkway are, in their entirety, considered part of the structure. Stairs leading from the principal structure or attached porch/deck to the ground are, in their entirety, considered part of the structure and shall be considered in the build-to-line measurement. For purposes of identifying the build-to-line, transitions from residential structure to walkway wider than six feet shall be considered part of the structure.
(C) Applicability.
(1) All above-ground construction and placement of structures, including but not necessarily limited to housing, exterior decks, walkways, docks and viewing and seating platforms detached from housing shall be subject to the build-to-line provisions established by this section. No decking, stairs, or at-grade improvements exceeding six inches in height shall be permitted ocean-ward or marsh-ward of the build-to-line except as provided in division (D), Exemptions.
(2) For purposes of this section, structures include buildings, screened enclosures, fences, and/or man-made facilities or infrastructure that is principally above ground.
(D) Exemptions. The following shall be permitted beyond the build-to-line subject to the standards provided.
(1) Walkways, viewing platforms, docks, stairs to the beach, and similar appurtenances.
(a) Walkways (including associated stairs) connecting the principal structure to beach and marsh walkways and detached seating and viewing platforms shall occur as close as possible to the natural, undisturbed contour of the terrain, but no lower than provided for by CAMA rules, so as to minimize intrusion into the natural features and beauty of the town's landscape. Stairs leading from a walkway to a ground level feature, which may include an in-ground pool, beach, marsh, or similar, are permitted.
(b) To minimize intrusion into the health and natural beauty of the dunes, residential walkways must follow, within reason, the shortest straight-line path from the structure to the beach. The maximum allowed width for a walkway from a residential structure is six feet. The walking surface of the walkway deck shall be no greater than 18 inches above the highest point of the natural, undisturbed peak of the terrain under the proposed path of the structure.
(c) A viewing platform, with a total footprint not to exceed 200 square feet may be attached to the walkway. The platform shall be immediately adjacent to the walkway with a transition from walkway to deck not to exceed four feet. The walking surface of the platform may not be elevated above the walking surface of the walkway.
(d) 1. Hand railings or guard railings on residential walkways shall be no higher than required by the NC Building Code. Where elevation requires fall protection, walkway railings must provide at least 50% open space, measured between the vertical pilings. Where code mandates fall protection due to elevation, vertical or horizontal balusters shall be used in a manner conforming to NC Building Code and shall be sized and spaced to provide at least 50% open space, measured between the vertical pilings. Lattice type closure on railings is not permitted.
2. For example, a guard rail constructed with a top rail five inches tall, with one and one-half inch vertical or horizontal balusters spaced three and four-fifths inches apart, and a bottom runner that is three and one-half inches tall will provide more than 54% open space.
(e) Under no circumstances shall a detached platform, walkway, or dock, be roofed, enclosed or have a second story.
(2) Swimming pool fences. Pool security fences mandated by NC Building Code may be placed on the perimeter of the pool at the minimum height required by code. Such fences shall be at minimum 70% transparent.
(3) Construction of minor ornamental features. On marsh side properties, construction of minor ornamental features with horizontal dimensions no greater than six feet and height no greater than three feet are permitted. Such features may include, but are not limited to, fire pits, benches, and seating.
(E) Build-to-line when replacing, enlarging, or elevating an existing structure.
(1) When an existing structure is removed, the build-to-line must be established for any new construction, redevelopment, or placement of a structure on that site relative to adjacent properties. The new principal structure and all accessory structures shall be subject to the provisions of this section.
(2) Elevating an existing structure or adding another floor to an existing structure shall be subject to the build-to-line. Such elevation or addition shall only be permitted if the existing structure and new construction are street-ward of the build-to-line.
(3) Should a structure be destroyed by fire, explosion, tornado, earthquake, hurricane, or similar uncontrollable cause, it may be replaced in the same footprint provided the height, elevation, and building footprint of the replacement are no different than existed before the structure was destroyed. If height, elevation, or building footprint are different, the build-to-line must be established and adhered to relative to adjacent structures.
(Ord. passed - -; Ord. passed - -; Am. Ord. passed 5-9-24)