(E)   The official zoning map shall be maintained for public inspection in the office of the Town Clerk or the office of the Community Development. The maps may be in paper or a digital format approved by the town.

   (F)   Other maps and regulatory language, as necessary to accomplish the purpose of this chapter, are hereby incorporated by reference. This includes but is not limited to maps of flood plains, soils, watersheds, water supply protection areas, and United States Geological Survey (USGS) maps depicting streams or other water courses.

   (G)   For state law as to authority of the town to establish zoning districts and regulate and restrict construction, uses of land or buildings and the like, therein, see G.S. Ch. 160D.

(Ord. 04-22, passed 11-3-2004, § 13.1; Am. Ord. 21-01, passed 6-2-2021)

   (B)    Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines.

   (C)   Boundaries indicated as approximately following town limits shall be construed as following the town limits.

   (D)   Boundaries indicated as following shorelines shall be construed to follow the shorelines, and in the event of change in the shoreline shall be construed to follow the shoreline as changed; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow the centerlines.

   (E)   Boundaries indicated as parallel to or extensions of features indicated in divisions (A) through (D) above shall be construed to be parallel to or an extension of such features. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

   (F)   Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by divisions (A) through (E) above, the Zoning Administrator shall interpret the district boundaries.

(Ord. 04-22, passed 11-3-2004, § 13.2; Am. Ord. 15-04, passed 4-1-2015; Am. Ord. 17-07, passed 8-2-2017; Am. Ord. 21-01, passed 6-2-2021)

   The following regulations shall apply to the C-PR (Conservation Public Recreation District).

      (1)   Conservation and open space areas;

      (2)   Passive recreation facilities such as bike trails, picnic areas, bird watching facilities and hiking trails;

      (3)   Public parks and playgrounds, parking areas, and pedestrian or vehicular beach access;

      (4)   United States government uses and facilities;

      (5)   Town uses and facilities;

      (6)   Plant nurseries and greenhouses; and

      (7)   Fine craft and folk art production.

      (1)   Fire stations, schools, facilities for water supply, sewerage and police protection, but not including any materials or equipment yard;

      (2)   Public clubs, including boat launching areas, golf courses, tennis courts, picnic areas, beach clubs and concessions integral thereto; provided, that there is no open commercial activity;

      (3)   Private clubs, including boat launching areas, tennis courts, community centers, libraries, picnic areas, beach clubs and concessions integral to them;

      (4)   Transit stops;

      (5)   Agricultural buildings;

      (6)   Commercial animal production;

      (7)   Commercial crop production (indoor or outdoor); and

      (8)   Livestock shelters and stables.

      (1)   Minimum lot size: 20,000 square feet;

      (2)   Minimum lot width: 100 feet; measured at the building setback line;

      (3)   Minimum front yard: 50 feet;

      (4)   Minimum side yard: 25 feet; an additional 25 feet side yard adjacent to the street is required for a corner lot;

      (5)   Minimum rear yard: 50 feet;

      (6)   Maximum allowable lot coverage: 25%; and

      (7)   Height limitation: 35 feet for buildings and structures, except that the height of communications and water towers shall be determined within the context of the approved special use permit therefor.

(Ord. 04-22, passed 11-3-2004, § 16; Am. Ord. 09-03, passed 4-8-2009; Am. Ord. 16-04, passed 7-6-2016; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 21-01, passed 6-2-2021)

      (5)   Plant nurseries and greenhouses;

      (6)   Fine craft and folk art production; and

      (7)   Accessory dwelling units, subject to the provisions of § 156.140.

      (4)    Pole-mounted yard and area lighting; provided that the yard or area lighting must be shielded to prevent the direct rays of the light from extending beyond the property lines of the lot on which it is located. Installation of low-voltage ground-mounted lights less than 24 inches in height above the ground are exempt from this special use permit requirement;

      (5)   Small child care homes as defined in § 156.002 above and subject to the authorization provisions of § 156.057 below;

         (g)   Signage: a single sign may be permitted consistent with the standards outlined in § 156.130; and

         (h)   No retail activities other than food and beverage sales incidental to the operation of the bed and breakfast home shall be allowed on the premises;

      (8)   Transit stops;

      (9)   Agricultural buildings;

      (10)   Commercial animal production;

      (11)   Commercial crop production (indoor or outdoor); and

      (12)   Livestock shelters and stables.

      (4)   Minimum side yard: 10 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 25 feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 30%. Lot coverage may be increased to 35% provided that stormwater management improvements meeting the following criteria are provided on the development site:

         (a)   Stormwater runoff from the built-upon area of the site must be directed into an approved stormwater management system designed to accommodate the volume of runoff generated by 1.5 inches of rainfall over a 2 hour period (1.5 inch design storm).

         (c)   Storage capacity (interstitial storage) within existing soils and/or fill material shall not be counted towards the volume requirement for the stormwater management design.

         (d)   The designed stormwater management system may include any of the following low-impact development principles and best management practices as the primary method for the treatment of stormwater:

            1.   Landscaped swales;

            2.   Infiltration basins;

            3.   Bioretention or rain gardens;

            4.   Rainwater harvesting to include cisterns and/or rain barrels;

            5.   Subsurface drainage systems;

            6.   Other methods approved by the Zoning Administrator.

         (e)   The bottoms of stormwater swales and basins should maintain 12 inches above the seasonal high-water table to avoid long periods of standing water due to elevated water tables. The seasonal high water table elevation must be verified by a soil inspection by a licensed soil scientist or may be verified by a County Health Department wastewater site evaluation.

         (f)   The stormwater management systems shall adhere to all setbacks, separations, and standards required by the state on-site wastewater regulations and building code. In no instance shall open drainage systems be located beneath a building.

         (g)   Rainwater harvesting, rain barrels or cisterns must include plans for the ultimate disposal of the collected rainwater (pump to irrigation, slow release through drip tubing etc.). Open systems must include plans to prevent mosquito breeding.

         (h)   The stormwater management plan must clearly delineate water sheds or drainage areas within the subject property. This should include a roof plan depicting roof runoff and the method to collect or direct the volume from each portion of the roof area towards the stormwater management system. In some situations, the plan may require a detailed topographic survey and a detailed grading plan.

         (i)   Stormwater plans must be prepared by a state licensed professional engineer or surveyor and shall include volumetric calculations. Prior to the issuance of a certificate of completion for the project, a state licensed professional engineer or surveyor shall certify that the proposed improvements have been constructed in accordance with the project design.

         (j)   If permeable surfaces, such as pervious pavement or artificial turf, are used as part of the lot coverage calculation, then the property owner must provide written certification that the surface material was installed and will be maintained according to the manufacturer’s specifications.

      (7)   Height limitation: 35 feet.

(Ord. 04-22, passed 11-3-2004, § 17; Am. Ord. 14-02, passed 6-4-2014; Am. Ord. 16-04, passed 7-6-2016; Am. Ord. 16-07, passed 11-2-2016; Am. Ord. 16-08, passed 2-1-2017; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 21-01, passed 6-2-2021; Am. Ord. 22-07, passed 9-7-2022; Am. Ord. 23-02, passed 5-3-2023)

      (5)   Plant nurseries and greenhouses;

      (6)   Fine craft and folk art production; and

      (7)   Accessory dwelling units, subject to the provisions of § 156.140.

      (3)   Private clubs, including boat launching areas, tennis courts, community centers, libraries, picnic areas, beach clubs and concessions integral to them;

      (4)    Pole-mounted yard and area lighting; provided that the yard or area lighting must be shielded to prevent the direct rays of the light from extending beyond the property lines of the lot on which it is located. Installation of low-voltage ground-mounted lights less than 24 inches in height above the ground are exempt from this special use permit requirement;

      (5)   Small child care homes as defined in § 156.002 above and subject to the authorization provisions of § 156.057 below;

      (6)   Churches and other associated church facilities including fellowship halls, sanctuaries, parsonages, church schools, parking areas and offices;

      (7)   Transit stops;

      (8)   Agricultural buildings;

      (9)   Commercial animal production;

      (10)   Commercial crop production (indoor or outdoor); and

      (11)   Livestock shelters and stables.

      (4)   Minimum side yard: 10 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 20 feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 30%. Lot coverage may be increased to 35% provided that stormwater management improvements meeting the following criteria are provided on the development site:

         (a)   Stormwater runoff from the built-upon area of the site must be directed into an approved stormwater management system designed to accommodate the volume of runoff generated by 1.5 inches of rainfall over a 2 hour period (1.5 inch design storm).

         (c)   Storage capacity (interstitial storage) within existing soils and/or fill material shall not be counted towards the volume requirement for the stormwater management design.

         (d)   The designed stormwater management system may include any of the following low-impact development principles and best management practices as the primary method for the treatment of stormwater:

            1.   Landscaped swales;

            2.   Infiltration basins;

            3.   Bioretention or rain gardens;

            4.   Rainwater harvesting to include cisterns and/or rain barrels;

            5.   Subsurface drainage systems;

            6.   Other methods approved by the Zoning Administrator.

         (e)   The bottoms of stormwater swales and basins should maintain 12 inches above the seasonal high-water table to avoid long periods of standing water due to elevated water tables. The seasonal high water table elevation must be verified by a soil inspection by a licensed soil scientist or may be verified by a County Health Department wastewater site evaluation.

         (f)   The stormwater management systems shall adhere to all setbacks, separations, and standards required by the state on-site wastewater regulations and building code. In no instance shall open drainage systems be located beneath a building.

         (g)   Rainwater harvesting, rain barrels or cisterns must include plans for the ultimate disposal of the collected rainwater (pump to irrigation, slow release through drip tubing etc.). Open systems must include plans to prevent mosquito breeding.

         (h)   The stormwater management plan must clearly delineate water sheds or drainage areas within the subject property. This should include a roof plan depicting roof runoff and the method to collect or direct the volume from each portion of the roof area towards the stormwater management system. In some situations, the plan may require a detailed topographic survey and a detailed grading plan.

         (i)   Stormwater plans must be prepared by a state licensed professional engineer or surveyor and shall include volumetric calculations. Prior to the issuance of a certificate of completion for the project, a state licensed professional engineer or surveyor shall certify that the proposed improvements have been constructed in accordance with the project design.

         (j)   If permeable surfaces, such as pervious pavement or artificial turf, are used as part of the lot coverage calculation, then the property owner must provide written certification that the surface material was installed and will be maintained according to the manufacturer’s specifications.

      (7)   Height limitation: 52 feet.

(Ord. 04-22, passed 11-3-2004, § 18; Am. Ord. 03-16, passed 11-5-2003; Am. Ord. 14-02, passed 6-4-2014; Am. Ord. 16-04, passed 7-6-2016; Am. Ord. 16-07, passed 11-2-2016; Am. Ord. 16-08, passed 2-1-2017; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 21-01, passed 6-2-2021; Am. Ord. 22-07, passed 9-7-2022; Am. Ord. 23-02, passed 5-3-2023)

      (7)   Plant nurseries and greenhouses;

      (8)   Fine craft and folk art production; and

      (9)   Accessory dwelling units, subject to the provisions of § 156.140.

      (4)   Private clubs, including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, beach clubs and concessions integral thereto; provided, that there is no open commercial activity;

      (8)    Small child care homes as defined in § 156.002 above, and subject to the authorization provisions of §§ 156.057 and 156.155;

      (10)   Public and private utility facilities must provide a vegetated buffer strip at least 10 feet in width that provides year round screening to adjacent properties where the facility abuts a residential lot or use;

      (11)   Pole-mounted yard and area lighting; provided, that the yard or area lighting must be shielded to prevent the direct rays of the light from extending beyond the property lines of the lot on which it is located. Installation of low-voltage ground-mounted lights less than 24 inches in height above the ground are exempt from this special use permit requirement;

      (12)   Transit stops;

      (13)   Agricultural buildings;

      (14)   Commercial animal production;

      (15)   Commercial crop production (indoor or outdoor); and

      (16)   Livestock shelters and stables.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 30%. Lot coverage may be increased to 35% provided that stormwater management improvements meeting the following criteria are provided on the development site:

         (a)   Stormwater runoff from the built-upon area of the site must be directed into an approved stormwater management system designed to accommodate the volume of runoff generated by 1.5 inches of rainfall over a 2 hour period (1.5 inch design storm).

         (c)   Storage capacity (interstitial storage) within existing soils and/or fill material shall not be counted towards the volume requirement for the stormwater management design.

         (d)   The designed stormwater management system may include any of the following low-impact development principles and best management practices as the primary method for the treatment of stormwater:

            1.   Landscaped swales;

            2.   Infiltration basins;

            3.   Bioretention or rain gardens;

            4.   Rainwater harvesting to include cisterns and/or rain barrels;

            5.   Subsurface drainage systems;

            6.   Other methods approved by the Zoning Administrator.

         (e)   The bottoms of stormwater swales and basins should maintain 12 inches above the seasonal high-water table to avoid long periods of standing water due to elevated water tables. The seasonal high water table elevation must be verified by a soil inspection by a licensed soil scientist or may be verified by a County Health Department wastewater site evaluation.

         (f)   The stormwater management systems shall adhere to all setbacks, separations, and standards required by the state on-site wastewater regulations and building code. In no instance shall open drainage systems be located beneath a building.

         (g)   Rainwater harvesting, rain barrels or cisterns must include plans for the ultimate disposal of the collected rainwater (pump to irrigation, slow release through drip tubing etc.). Open systems must include plans to prevent mosquito breeding.

         (h)   The stormwater management plan must clearly delineate water sheds or drainage areas within the subject property. This should include a roof plan depicting roof runoff and the method to collect or direct the volume from each portion of the roof area towards the stormwater management system. In some situations, the plan may require a detailed topographic survey and a detailed grading plan.

         (i)   Stormwater plans must be prepared by a state licensed professional engineer or surveyor and shall include volumetric calculations. Prior to the issuance of a certificate of completion for the project, a state licensed professional engineer or surveyor shall certify that the proposed improvements have been constructed in accordance with the project design.

         (j)   If permeable surfaces, such as pervious pavement or artificial turf, are used as part of the lot coverage calculation, then the property owner must provide written certification that the surface material was installed and will be maintained according to the manufacturer’s specifications.

      (7)   Height limitation: 35 feet.

(Ord. 04-22, passed 11-3-2004, § 19; Am. Ord. 14-02, passed 6-4-2014; Am. Ord. 16-04, passed 7-6-2016; Am. Ord. 16-07, passed 11-2-2016; Am. Ord. 16-08, passed 2-1-2017; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 21-01, passed 6-2-2021; Am. Ord. 22-07, passed 9-7-2022; Am. Ord. 23-02, passed 5-3-2023)

      (1)   All C-1 Districts shall be at least 2 acres in area but not larger than 4 acres.

      (2)   The maximum density shall not exceed 4 residential dwelling units per acre.

      (1)   Retail sales;

      (2)   General and medical offices;

      (3)   Personal service establishments;

      (4)   Town-owned or leased facilities;

      (5)   Small child care centers as defined in § 156.002;

      (6)   Medium child care centers as defined in § 156.002;

      (7)   Large child care centers as defined in § 156.002;

      (8)   Minor home occupations;

      (9)   Major home occupations, provided the profession or occupation is a by-right permitted use in the district;

      (10)   Accessory apartments located above/attached to commercial buildings. The total floor area of accessory apartments shall not exceed 50% of the floor area of the commercial structure to which it is accessory (floor area to be calculated exclusive of porches or decks);

      (11)   Resident business;

      (12)   Plant nurseries and greenhouses;

      (13)   Fine craft and folk art production; and

      (14)   Duplexes, subject to the dimensional requirements of the R-2 zoning district for residential uses.

      (1)   Gas pumps in conjunction with a permitted use under division (B) above; provided, that no principal or accessory building shall be located within 50 feet of a residential use or residential district, and that any gas pumps shall be set back at least 25 feet from any right-of-way;

      (2)   Public and private utility facilities;

      (3)   Boat-launching and rental facilities;

      (4)   Commercial or institutional structures greater than 5,000 gross square feet, excluding decks and porches, but less than 10,000 gross square feet;

      (5)   Eating establishments as defined in § 156.002, and subject to the requirements § 156.129;

      (6)   Post offices;

      (7)   Churches and religious institutions;

      (8)   Rental property management and maintenance offices;

      (9)   Transit stops;

      (10)   Agricultural buildings;

      (11)   Commercial animal production;

      (12)   Commercial crop production (indoor or outdoor);

      (13)   Livestock shelters and stables; and

      (14)   Microbreweries/microdistilleries.

(Ord. 04-22, passed 11-3-2004, § 20; Am. Ord. 11-08, passed 1-4-2012; Am. Ord. 16-04, passed 7-6-2016; Am. Ord. 21-01, passed 6-2-2021; Am. Ord. 22-05, passed 8-3-2022)

      (8)   Town-owned or leased facilities; and

      (9)   Accessory apartments located above/attached to commercial buildings. The total floor area of accessory apartments shall not exceed 50% of the floor area of the commercial structure to which it is accessory (floor area to be calculated exclusive of porches or decks).

      (10)   Electronic gaming operations, as defined in § 156.002, are permitted as an accessory use to any retail or eating establishment use provided that the following requirements are met:

      (11)   Plant nurseries and greenhouses; and

      (12)   Fine craft and folk art production.

      (3)   Hotel resort;

      (4)   Theaters;

      (5)   Private commercial recreational facilities such as swimming pools and tennis courts;

      (6)   Eating establishments as defined in § 156.002, and subject to the requirements § 156.129;

      (7)   Churches and religious institutions;

      (8)   Rental property management and maintenance offices;

      (9)   Transit stops;

      (10)   Agricultural buildings;

      (11)   Commercial animal production;

      (12)   Commercial crop production (indoor or outdoor);

      (13)   Livestock shelters and stables; and

      (14)   Microbreweries/microdistilleries.

         (b)   In addition, a vegetated buffer strip at least 10 feet in width that provides year-round screening to adjacent properties is required where a commercial use or zone abuts a residential use or zone.

(Ord. 04-22, passed 11-3-2004, § 21; Am. Ord. 11-08, passed 1-4-2012; Am. Ord. 12-05, passed 8-1-2012; Am. Ord. 12-08, passed 11-7-2012; Am. Ord. 16-04, passed 7-6-2016; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 19-09, passed 1-15-2020; Am. Ord. 21-01, passed 6-2-2021)

(Ord. 04-22, passed 11-3- 2004, § 22; Am. Ord. 16-02, passed 4-6-2016; Am. Ord. 16-04, passed 7-6-2016; Am. Ord. 21-01, passed 6-2-2021)

      (5)   Town-owned or leased facilities;

      (7)   Major home occupations, provided the profession or occupation is a by-right permitted use in the district;

      (8)   Accessory apartments located above/attached to commercial buildings. The total floor area of accessory apartments shall not exceed 50% of the floor area of the commercial structure to which it is accessory (floor area to be calculated exclusive of porches or decks);

      (9)   Plant nurseries and greenhouses; and

      (10)   Fine craft and folk art production.

      (1)   Gas pumps in conjunction with a permitted use under division (B) above; provided, that no principal or accessory building shall be located within 50 feet of a residential use or residential district, and that any gas pumps shall be set back at least 25 feet from all rights-of-way;

      (2)   Public and private utility facilities;

      (3)   Boat-launching and rental facilities;

      (4)   Eating establishments as defined in § 156.002, and subject to the requirements § 156.129.

      (5)    Group developments with a maximum area of 5,000 square feet per individual building excluding porches and decks;

      (6)   Resident businesses;

      (7)   Churches and other associated church facilities including fellowship halls, sanctuaries, parsonages, church schools, parking areas, offices, and columbaria structures, provided that the following requirements shall be met:

         (a)   Columbaria structures shall not significantly change the exterior appearance of the site visible from roadway rights-of-way and adjacent properties.

         (b)   Columbaria structures shall be constructed with minimum impact to surrounding areas.

         (c)   Columbaria structures shall not constitute a significant portion of the site.

         (d)   Columbaria structures shall meet the setbacks of the underlying zoning district.

         (e)   Columbaria structures shall not exceed 5 feet in height.

      (8)   Commercial or institutional structures greater than 5,000 gross square feet, excluding decks and porches, but less than 10,000 gross square feet; and

      (9)   Bed and breakfast inns.

      (10)   Rental property management/maintenance office.

         (a)   Buildings and sites shall be designed and constructed in strict accordance with the town commercial development and design standards.

         (b)   Buildings shall not exceed 5,000 square feet of gross floor area excluding decks, porches and similar non-heated space.

         (c)   Traffic/transportation.

            1.   The site plan shall incorporate a pedestrian friendly design that limits parking between commercial buildings and adjacent rights-of-way.

            2.   Vans and step vans are allowed for delivery of items (e.g. parcel delivery) however tractor trailers are not allowed.

         (d)   All repair work and maintenance activities, other than normal maintenance to the building and grounds, shall occur inside the principal structure.

         (e)   Freestanding signage shall be discouraged in settings where not practical or necessary to the nature of the business. All signage shall conform to § 156.130.

         (f)   A vegetated buffer strip at least 20 feet in width that provides year round screening is required where this use abuts a residential zone.

      (11)   Post offices;

      (12)   Transit stops;

      (13)   Agricultural buildings;

      (14)   Commercial animal production;

      (15)   Commercial crop production (indoor or outdoor);

      (16)   Livestock shelters and stables; and

      (17)   Microbreweries/microdistilleries.

      (1)   Minimum lot area: 20,000 square feet. Commercial lots shall be of sufficient size to meet requirements of the Dare County Health Department, to provide adequate siting for structures, and to provide parking, loading and maneuvering space for vehicles as required by §§ 156.090 through 156.096 below. In addition, a vegetated buffer strip at least 10 feet in width that provides year-round screening to adjacent properties and a 20-foot wide setback is required where a commercial use or zone abuts a residential use or zone.

      (2)   Minimum front yard: 15 feet.

      (3)   Minimum side yard: 10 feet. No side yard required if commercial building constructed with a common wall. An additional 5-foot side yard adjacent to the street is required for a corner lot.

      (4)   Minimum rear yard: 20 feet.

      (5)   Maximum allowable lot coverage by principal use and all accessory structures: 60%.

      (6)   Height limitation: 35 feet.

      (7)   Maximum gross building size: 5,000 square feet excluding decks, porches and similar non-heated space, except as otherwise provided herein.

(Ord. 04-22, passed 11-3-2004, § 23; Am. Ord. 06-05, passed 6-7-2006; Am. Ord. 10-04, passed 3-3-2010; Am. Ord. 11-08, passed 1-4-2012; Am. Ord. 12-06, passed 10-3-2012; Am. Ord. 16-04, passed 7-6-2016; Am. Ord. 19-04, passed 12-4-2019; Am. Ord. 21-01, passed 6-2-2021)

      (2)    Water-dependent commercial recreation activities, provided that the base of the activity is located in a zoning district that permits such activity or such base is located outside the planning and development regulation jurisdiction of the town and further provided that such activity meets all other relevant town ordinances.

      (3)   On all land abutting the ocean and sound waters, uses permitted shall be those established in the underlying zoning district, subject to all other relevant town ordinances as well as CAMA and other relevant state and federal agency permitting requirements.

      (4)   Piers and docks, provided such facilities are permitted by CAMA, U.S. Army Corps of Engineers or U.S. Coast Guard, whichever is applicable, and provided further that the activity associated with the pier or dock is also permitted by the zoning district where the pier or dock is anchored.

      (5)   Future recreational activities or uses (those not introduced on the waters of the town as of May 1, 2002) may be allowed as a special use, subject to procedures described in § 156.155. The purpose of the special use permit is to provide for appropriate review of new activities prior to their introduction and allow for conditions to ensure activities that are compatible with the character of the district.

      (6)   The following improvements when associated with the installation of a living shoreline or marsh restoration project in Currituck Sound. Such projects must obtain approval from all applicable state and federal agencies.

         (a)   Sills;

         (b)   Groins;

         (c)   Riprap;

         (d)   Fill/addition of wetland soils to be planted with marsh vegetation.

      (1)   No permitted beach push or dune restoration activity may take place in the public trust area on weekends or holidays.

      (2)   No filling of wetland areas shall occur within the Ocean and Sound Overlay District.

      (3)   No parasail landing and takeoff or seaplane landing and takeoff or similar activities may take place within the Ocean and Sound Overlay District.

      (4)   No water skiing or tubing and similar recreational towing activities may take place within the Ocean and Sound Overlay District.

      (5)   The use or placement of sandbags for the purpose of temporary erosion control as outlined in the North Carolina Administrative Code (15A NCAC 07H .0308) and the North Carolina General Statutes (§ 113A-115.1).

      (6)   All other uses not expressly permitted are hereby prohibited.

(Ord. 07-08, passed 6-6-2007; Am. Ord. 10-14, passed 1-5-2011; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 17-15, passed 1-3-2018; Am. Ord. 21-01, passed 6-2-2021) Penalty, see § 156.999

   (A)   The following Permitted/Prohibited Use Table lists use classifications, categories, and types and indicates whether each is allowed with an administrative permit, is allowed with a special use permit, or is prohibited.

      (1)   The allowance for any specifically listed use type in the permitted/prohibited use table takes precedence over requirements for a broader use category.

      (2)   Likewise, the allowance for any use category in the permitted/prohibited use table takes precedence over a broader use classification.

      (1)   Consistency with the stated intent of the zoning district;

      (2)   Consistency with the adopted vision statement and Comprehensive & Land Use Plan;

      (3)   Density of development (number of units, square footage, etc.);

      (4)   Intensity of use;

      (5)   Type of activity associated with the use;

      (6)   Number of customers and length of stay;

      (7)   Generation of pedestrian and vehicular traffic;

      (8)   Potential impacts such as noise, light, odor, etc.; and

      (9)   Public safety.