Duck City Zoning Code

COMMERCIAL DEVELOPMENT

AND DESIGN STANDARDS

§ 156.110 PURPOSE AND APPLICABILITY.

In order to ensure that new development, renovations, and reconstructions are designed, sized, and sited to complement the area in which they are located and the character of the town in general; and to minimize traffic hazards and situations which endanger public safety; and to protect existing development and property values through the promotion of high standards of design and compatibility; and to provide for a high quality of life for our citizens, the following standards and site plan requirements shall apply to all development in the VC, C-1, and C-2 Zoning Districts unless otherwise noted.

(Ord. 04-21, passed 10-6-2004, § 42.2.1; Am. Ord. 14-02, passed 6-4-2014)

§ 156.111 DESIGN STANDARDS FOR BUILDINGS.

(A) Arcades, awnings and canopies. In order to promote the appropriate use of arcades, awnings and canopies, the following standards shall apply to all arcades, awnings and canopies on all buildings, unless otherwise noted.

(1) Awnings and canopies, where provided, shall be placed at the top of window and door openings and shall relate to the shape of the top of the window or doorway.

(2) Awnings and canopies shall be made of canvas or similar material. Vinyl or metal awnings shall not be used unless they are constructed and designed to successfully mimic the style and appearance of canvas awnings or unless they are constructed of copper and designed as accent pieces for windows or doors.

(3) No awning on any commercial building which encroaches on a sidewalk or pedestrian walkway shall extend out from the building more than 2/3 the width of the sidewalk nor shall it at any point be less than 8 feet above the sidewalk.

(4) Awnings and canopies shall be self-supporting from the wall; no supports shall rest on or interfere with the use of pedestrian walkways or streets.

(5) In no case shall any awning, canopy or arcade extend beyond the street curb or interfere with trees or public utilities.

(6) Where provided, arcades shall be designed as an integral part of the building and as so shall relate in design, placement, material, color and scale to the building façade.

(B) Building orientation and presentation. In order to have buildings that successfully address public streets and public places, the following standards shall apply to all buildings, unless otherwise noted.

(1) Building façades should be substantially parallel to the front property line along the east side of North Carolina 12 except that corner buildings may be oriented to address the corner, and buildings interior to a development site may be arranged to front a common courtyard, parking area, driveway or private street and provide for safe and efficient pedestrian access.

(2) Buildings should be oriented to preserve views to the maximum extent possible, particularly along the sound. Narrow deep buildings are encouraged along the sound front.

(3) Appearance of large structures is mitigated when set further from NC 12. Small structures are traditionally close to the highway.

(4) Any side of a commercial building that is not intended to serve the public shall be screened from public view and the view of adjacent properties to the extent that all loading, storage, solid waste, maintenance equipment (brooms, mops, buckets and the like) and similar items are not visible to the public.

(C) Exterior materials. In order to have buildings clad with a type, texture and color of material that relates to natural material elements found in the Town of Duck, the following standards shall apply to all building exteriors, unless otherwise noted.

(1) Additions and new construction shall use facing materials that are compatible in quality, color, texture, finish and dimension to those common in the village commercial area.

(2) Under no circumstances shall metal siding be used on any structure. This does not prohibit the use of durable metal accent pieces or columns on surfaces when they are made to mimic traditional detailing (cornices, trim pieces, moldings and the like).

(3) Large modular materials shall be avoided or used only as accent pieces on street fronting façades.

(4) Paint colors shall be of low reflectance, subtle, neutral or earth tone colors or shall relate to natural material colors found within the town generally. Contrasting colors of brighter hues, including pastels, may be used to accent architectural details and entrances.

(5) Roof and exterior wall colors shall be low-reflecting.

(D) Façades, windows and roofs. In order to have well designed façades that add to the town’s architectural inventory and that provide visual interest to the pedestrian, the following standards shall apply to all façades, windows and roofs.

(1) Retail activities within buildings shall be oriented toward pedestrian ways and have direct access from sidewalks, decks or paths through storefront entrances.

(2) No publicly accessed building front shall remain unbroken (unpierced) by a window, architectural element, entrance or functional general access doorway for more than 50 feet.

(3) Building entrances shall be emphasized using design (massing), architectural features and changes in the roofline.

(4) No less than 50% of the horizontal distance of any building front shall be designed with arcades, windows, entrances, awnings, architectural elements including but not limited to pilasters, wall control joints, building appendages, screen walls or changes in parapet wall heights.

(5) Buildings with uses serving the public shall have recessed or covered doorways at each building front to shelter customers from the weather.

(6) Remodeling of existing buildings shall maintain the prevalent pattern and spacing of the windows and doorways, or be modified to appropriately address current commercial design standards.

(7) Windows on the street level front of commercial buildings shall constitute at least 20% and not more than 50% of the front façade.

(8) Display windows on commercial buildings shall be clear, transparent glass and shall not be lower than 12 inches above the sidewalk (including the lintel). For display windows that are heavily exposed to the sun, glass materials may be used that appropriately balance transparent views and sun protection.

(9) Frames and sashes for windows shall be of wood, vinyl or pre-finished metal and may have stone, brick or cast concrete lintels and sills.

(10) Architectural embellishments that add visual interest to a façade or roof such as dormers, chimneys, cupolas, watch and clock towers, shutters and other similar elements are encouraged.

(E) Size, scale and compatibility of design. In order to promote compatibility of design within the built environment while encouraging creativity and variety, the following standards shall apply to all buildings, unless otherwise noted.

(1) Building or store entrances serving the public shall occur at least once every 100 feet along a building façade.

(2) Wall articulations (or breaks in the façade or roofline) shall be designed not less than every 100 feet along the building façade.

(Ord. 04-21, passed 10-6-2004, § 42.2.2)

§ 156.112 PARKING, PAVING AND ACCESS DESIGN STANDARDS FOR LOTS.

(A) Access.

(1) The intent of these standards is to promote safe, convenient and sufficient access to all properties by vehicles, pedestrians and bicyclists.

(2) The following standards shall apply to all uses, unless otherwise noted:

(a) All vehicular access to a development containing multiple destinations (e.g. group developments) shall be provided by means of a shared driveway, side street or frontage road;

(b) No new driveway on any development site shall be created less than 80 feet from an existing driveway except where this prohibition would deny access to the property or where a safe sight distance cannot be achieved otherwise;

(c) No new driveway on any development site shall be created less than 80 feet from a street intersection except where this prohibition would deny access to the property or where a safe sight distance cannot be achieved otherwise;

(d) The approaches to loading and unloading areas in commercial districts shall be designed to minimize conflict with onsite vehicular, pedestrian and bicycle traffic and with adjacent residential uses;

(e) Buildings with uses requiring public access shall provide the primary pedestrian access from the street front or from a pedestrian way designed to facilitate access in group developments or to provide a soundfront pedestrian amenity and building access; and

(f) Shared accesses between adjacent commercial properties are strongly encouraged. If a shared access is provided between properties on a shared property line, the required access setback from the side property lines shall be waived administratively as part of the site plan review process.

(B) Parking and loading/unloading areas. In order to have safe, well designed parking areas that successfully accommodate the pedestrian and are subordinate in design and appearance to adjacent buildings, the following standards apply to all accessory and principal use parking lots in all districts unless otherwise noted.

(1) Parking should be located primarily to the rear of the principal building and may be accessed from the front, side or rear of the property. No more than 2 rows of parking should be located between a primary façade and the street. (This standard shall not apply to sound front properties)

(2) New parking areas on commercial lots shall be connected unless the town determines that topography or other natural features prevents it.

(3) All off-street parking shall be served by interior circulation drives. No private off-street parking spaces shall directly connect to public streets.

(4) Parking areas under buildings are strongly encouraged, provided that adequate provisions are made for pedestrian access to buildings from the street and all parking spaces.

(1) (a) The town allows asphalt and concrete parking surfaces but encourages the use of pervious and semi-pervious materials that improve on-site stormwater management while providing safe and efficient use of the driveway, drive aisle, and parking areas.

(b) No more than 80% of the surface area of the parking area and drive aisles may be constructed using an impervious surface material.

(c) Loose stone or gravel surfaces for driveways, drive aisles, and parking spaces are permitted over a base engineered to support the commercial traffic and deliveries on the site. Such surfaces may be excluded from lot coverage calculations if the base is also pervious.

(d) When stone or gravel paving surfaces are used, a paved apron extending at least 20 feet into the property is required to minimize rocks and gravel being tracked onto the adjoining sidewalk, bike path, and roadway.

(2) Any non-paved surface used for overflow, special events, and peak parking that cannot be maintained with healthy, living turf grass or similar ground cover shall be improved with asphalt, concrete, pervious pavement, or pavers.

(3) Any non-paved surface used for parking spaces shall be improved with pavers or similar dust-free surfaces.

(D) Aisles.

(1) (a) No more than 2 parking aisles (defined as a travel lane and the parking located on each side) shall abut.

(b) Otherwise, parking aisles shall be separated from each other by planted medians which may include pedestrian walkways. (See § 156.115 below for landscaping requirements.)

(c) As an alternative for parking lots designed for any single large retail store or any shopping center containing 300 or more parking spaces, up to 4 parking aisles may abut provided the interior landscaping and design requirements for large parking lots are met within the parking lot excluding any perimeter, streetyard, internal driveway, required buffer, or other landscape area required by § 156.115 below.

(d) The maximum distance between required landscape medians shall be no greater than 250 feet.

(2) No more than 15 parking spaces shall be contiguous and adjoining in a single row of parking spaces except as provided for large parking lot landscaping and design in § 156.115 below.

(3) Aisles shall be a minimum of 20 feet in width if serving two-way traffic and a minimum of 12 feet in width if serving one-way traffic. During the site plan review process, the Fire Chief or Fire Marshal may require a drive aisle of up to 24 feet in width in specified locations if it is determined that this is necessary to accommodate fire service operations.

(4) No parking aisle serving the general public that contains more than 10 parking spaces shall deadend. Any parking aisle that deadends shall be provided a suitable turnaround.

(5) For dead end drive aisles containing less than six parking spaces, the width of the drive aisle may be reduced to no less than 18 feet.

(E) Spaces and loading/unloading areas.

(1) (a) Required parking shall be provided on-site or nearby, as provided in §§ 156.090 through 156.096 above.

(b) Shared parking areas are encouraged and shall be permitted whenever the Zoning Administrator determines that the minimum parking requirements can be met for each use.

(2) Parking shall be provided as required by §§ 156.090 through 156.096 above.

(3) Adequate onsite turnaround area shall be provided for all parking spaces.

(4) Adequate onsite turnaround area shall be provided for all loading and unloading areas.

(Ord. 04-21, passed 10-6-2004, § 42.2.3; Am. Ord. 14-02, passed 6-4-2014; Am. Ord. 19-07, passed 12-4-2019)

§ 156.113 DESIGN STANDARDS FOR SERVICES AND UTILITIES.

In order to subordinate the appearance of services and utilities on individual sites and throughout the town, the following standards shall apply to all services and utilities.

(A) Mechanical equipment.

(1) Mechanical equipment at ground level shall be placed to the extent practical away from public streets and buildings on adjacent sites. All mechanical equipment shall be substantially screened from public view.

(2) Mechanical equipment and antennas located on rooftops shall be camouflaged as a normal architectural feature of the building, or hidden by a decorative cornice or parapet wall, as seen from the ground.

(B) Utility lines and equipment.

(1) All utility equipment (includes meters, boxes, valves and similar equipment but does not include overhead power lines, light poles and similar equipment) shall be designed, located or screened to be as inconspicuous as possible and shall not be located on the street-side of a principal structure.

(2) All utility lines serving new development and significant redevelopment shall be placed underground whenever practicable.

(1) All trash and recycling receptacles and storage areas shall be located and substantially screened from public view.

(2) All non-vegetative screening used to block public view of trash and recycling receptacles and storage areas shall be made of materials compatible in color and type to the principal structure(s) on the property.

(D) Drive-through windows and similar accessories.

(1) Drive-through windows, freestanding ATMs, fuel pumps, and similar devices shall only be placed in areas that will not interfere with the safe movement of pedestrians and vehicles in parking and driveway areas.

(2) Drive-through windows, freestanding ATMs, fuel pumps, and similar devices shall not be placed between the primary façade of a building and the public street.

(3) Drive-through services are discouraged in the Village Commercial District. If provided, they shall be located to the rear or side of buildings away from public streets.

(E) Engineered stormwater control facilities. Projects shall incorporate stormwater control facilities to capture and retain stormwater runoff in accordance with the following criteria:

(1) All stormwater runoff from the project's built-upon area must be directed into an approved stormwater management system designed to accommodate a minimum volume of runoff generated by a 1.5" design storm. In instances where it is determined by the Town Engineer that the potential for flooding exists from a specific development plan that would not be sufficiently managed by the above requirement, the town may require the applicant to provide additional stormwater retention on a case-by-case basis.

(2) The stormwater management system shall be designed in accordance with the standards, methodology, and procedures prescribed in the state Stormwater Best Management Practices Manual (NCDENR BMP Manual).

(3) Project designs shall utilize low-impact development principles and best management practices as the primary method for the treatment of stormwater, unless it is sufficiently demonstrated to be impractical by the applicant.

(4) Stormwater plans shall be prepared by a state licensed professional engineer. Prior to the issuance of a certificate of completion for the project, a state licensed professional engineer shall certify that the proposed improvements have been constructed in accordance with the project design.

(5) All stormwater detention and/or retention ponds and basins shall be designed as an integral part of the development site and shall be aesthetically pleasing (for example, neatly landscaped, well-maintained, vegetated slopes, decorative fencing if fencing is used).

(6) For existing developed sites, stormwater control facilities shall only be required in instances where more than 1,000 square feet of lot coverage is added to or redeveloped on the site. Stormwater management requirements shall apply only to new or redeveloped areas and do not require retrofits to existing improvements which are not part of the development area.

(Ord. 04-21, passed 10-6-2004, § 42.2.4; Am. Ord. 14-02, passed 6-4-2014)

§ 156.114 DESIGN STANDARDS FOR NATURAL AREAS AND FEATURES.

In order to protect our natural resources while continuing to support healthy economic growth, the following standards shall apply to all natural resource areas and features in all zoning districts unless otherwise noted.

(A) Natural landscapes and areas of mature trees shall be protected to the extent practical during development.

(B) Open space systems shall be designed to incorporate and protect significant natural features whenever practicable.

(Ord. 04-21, passed 10-6-2004, § 42.2.5; Am. Ord. 14-02, passed 6-4-2014)

§ 156.115 DESIGN STANDARDS FOR LANDSCAPING AND OPEN SPACE.

In order to maintain and enhance existing tree coverage, to promote careful landscaping of outdoor areas, to soften and enhance the humanmade environment and to promote appropriate landscape design and construction, the following standards shall apply.

(A) Landscaping in general.

(1) Commercial outparcels shall be landscaped while vacant to maintain an attractive appearance. Landscaping shall consist of grasses, shrubs, trees or any other vegetative cover that will secure the soil and create an attractive appearance.

(2) All required plantings shall be nursery grown stock that is free from disease or growth problems and shall be installed in a manner that insures the availability of sufficient soil and water for healthy growth that is not intrusive to above and below ground utilities.

(3) Only landscaping and approved fences and walls shall be permitted within a required buffer or street yard area, except that sidewalks and other pedestrian walkways, bicycle paths, aboveground utilities, drainageways and approved signs shall be permitted where they do not comprise more than 20% of the total area of the required buffer or street yard. Underground utilities are encouraged and should not interfere with the ability to provide the required buffer or street yard area and landscaping.

(4) Clustering and/or random spacing of plants and trees is encouraged to produce a natural appearance in the landscape, except where uniformity is required for opaque screening.

(5) Landscaping, including berms, shall be installed and maintained so as not to interfere with sight distance requirements or the sight distance needs of drivers in parking areas and at entrance and exit locations.

(6) Native species and related cultivars are encouraged.

(7) Whenever shrubs are required for screening, they shall be of a type that retains their foliage to within 6 inches of the ground on a year-round basis.

(8) Whenever trees are required (buffers, parking lots and the like), a minimum of 50% shall be canopy trees, and a minimum of 20% shall be evergreen.

(9) No more than 30% of all shrubs required shall be deciduous.

(10) No required planting area shall contain less than 150 square feet and no planting area shall be less than 8 feet in diameter around a required tree.

(11) Parked vehicles may overhang a landscaped area no more than 2-1/2 feet. Curbing or wheel stops shall be installed to ensure no overhang or penetration of the landscaped area greater than 2-1/2 feet. Landscaping, walls, fences and any other material shall be so located to prevent its damage and/or destruction by overhanging vehicles.

(12) The Zoning Administrator may approve revisions to a landscaping plan approved by the Town Council in order to accommodate seasonal planting problems or a lack of plant availability as long as:

(a) There is no reduction in the quantity of plant material;

(b) There is no significant change in the size or location of plant materials; and

(c) The new plants are of the same general category and have the same general design characteristics as the materials being replaced.

(13) Plant size shall be as follows.

Type	Minimum Height at Maturity (Feet)	Minimum Crown Spread at Maturity	Minimum Height at Planting	Minimum Caliper* at Planting (Inches)	Minimum Spacing (Feet on Center)
Large tree	> 40	< 30 feet**	8 feet	2	35 feet
Small tree	> 15	< 30 feet**	5 feet	1.5	15 feet
Shrubs***	3	24 inches	30 inches	-	3 feet
*Caliper shall be measured 6 inches above the ground.
**The minimum crown spread shall only apply to canopy trees.
***Shrubs do not include ground covers.

(14) All landscape materials, whether used for screening, buffering, open space or other landscaping areas, shall be properly maintained by the property owner.

(a) Maintenance includes all actions necessary to keep landscaping materials healthy, neat and orderly in appearance, and free of litter and debris.

(b) Any landscaping lost or diseased shall be removed and replaced unless, in the opinion of the Zoning Administrator, the maturity of the remaining vegetation compensates for the loss of an individual shrub or tree, thereby causing the intent of the landscape standard to still be met without replacement.

(B) Protection of existing trees.

(1) Except when necessary to provide access to a site or to ensure the safety and security of people and property, any existing healthy trees that are 8 inches or greater in caliper, located within a public right-of-way or undeveloped required yard shall be retained unless approved for removal during site plan review. In addition, every reasonable effort shall be made to protect and retain existing trees and shrubs not located in planned roadways, drainageways, building foundation sites and construction activity areas.

(2) Existing trees and shrubs shall count towards meeting landscape requirements as long as they are:

(a) Free from disease or growth problems;

(b) Clearly shown on the site plan;

(d) Are not considered nuisance or noxious plants; and

(e) Are adequately protected during grading and development of the site.

(3) Protective measures, as outlined below, shall be taken to minimize damage to existing trees and other vegetation to be retained.

(a) Site plans shall show the location of trees and shrubs to be retained and the locations of protection fencing.

(b) Prior to construction, grading or other land disturbing activity, protective barriers shall be placed around the root protection area of all trees and shrubs to be saved.

(d) No soil disturbance or compaction, stock piling of soil or other construction materials, vehicular traffic or storage of heavy equipment are allowed in the areas designated for protection.

(e) Root pruning shall be kept to an absolute minimum. Pruning of existing trees shall be done according to the National Arborists’ Association Standards in a manner that preserves the character of the tree.

(f) No ropes, signs, wires, electrical device or other material shall be secured or fastened around or through a tree or shrub designated for protection.

(1) The following standards apply to all new parking areas with 12 or more spaces and all expansions to existing parking areas which add 12 or more spaces, unless otherwise noted.

(2) In an expansion, only the area of expansion is required to be included in the calculation; however, the landscaping may be provided anywhere within the parking area.

(a) Trees and shrubs shall be planted along all internal driveways.

(b) No more than 2 parking aisles (defined as a travel lane and the parking located on each side) shall abut. Otherwise, parking aisles shall be separated from each other by planted medians which may include pedestrian walkways.

(d) All parking aisles, except where they are permitted to abut or they directly adjoin a building, shall be landscaped around their perimeter, excluding access points, at the rate of 2 large and 2 small trees plus 30 shrubs per 100 linear feet.

(e) One landscape island shall be provided for each 15 parking spaces.

(f) Landscape islands shall contain a minimum of 1 canopy tree and 6 shrubs.

(g) The remainder of the landscape island shall be completely filled in with perennials, annual flowers, ornamental grasses, turf grasses, a minimum of 3 inches of landscaping mulch or a combination thereof.

(h) All parking rows shall contain a landscape island at the end of the row of parking. Each landscape island shall contain at least 1 canopy tree and 6 shrubs.

(i) The remainder of the landscape island shall be completely filled in with perennials, annual flowers, ornamental grasses, turf grasses, a minimum of 3 inches of landscaping mulch or a combination thereof. However, canopy trees are not required within 75 feet of a building façade.

(D) Landscape buffers.

(1) The purpose of a landscape buffer is to help provide transition between different types of land uses, to break up or soften the appearance of paved surfaces, and to provide the shade and greenery necessary to create a livable environment.

(2) Buffers shall be required as prescribed in the zoning district regulations and as described in the standards below:

(a) Landscape buffers shall measure no less than 10 feet in width and shall contain a minimum of 1 large tree per 100 linear feet, 5 small trees per 100 linear feet and 20 shrubs per 100 linear feet;

(b) Fractions shall be rounded up to the nearest whole number; and

1. Fences and walls of uniform design and material shall be allowed to replace required shrubbery in any landscape buffer when, in the opinion of the Zoning Administrator, the fence or wall will achieve the same effect as the shrubbery and will contribute positively to the overall design of the property;

2. Buffer width requirements may be reduced by 50% when a 6-foot continuous opaque fence, wall or berm is approved and constructed within the landscape buffer. A minimum of 50% of the required plantings shall be placed on the exterior side of the fence, wall or berm;

3. In the event unusual topography or elevation of a development site, the size of the parcel to be developed, the soil or sub-surface condition of the site would make strict adherence to the requirements of this subchapter serve no meaningful purpose or would make it physically impossible to install and maintain the required buffer plantings, the Zoning Administrator may alter the requirements of this part as long as the existing features of the development site comply with the spirit and intent herein; and

4. A like alteration may occur only at the request of the property owner who shall submit a plan to the Zoning Administrator showing existing site features that would buffer or screen the proposed use and any additional buffer materials the property owner will plant or construct to buffer the proposed use.

(Ord. 04-21, passed 10-6-2004, § 42.2.6; Am. Ord. 21-01, passed 6-2-2021)

§ 156.116 DESIGN STANDARDS FOR LIGHTING.

In order to reduce light pollution and light trespass, the following standards shall apply to all lighting in all districts except on single-family detached residential lots, unless otherwise noted.

(A) Projections of light shall be confined to stay within property lines to prevent light trespass.

(B) All exterior lighting shall use cut-off type fixtures to minimize the component of light above horizontal (glare).

(Ord. 04-21, passed 10-6-2004, § 42.2.7; Am. Ord. 24-07, passed 1-8-2025)

§ 156.117 SITE PLAN AND PLAN OF DEVELOPMENT REQUIREMENTS.

(A) Required in commercial zoning districts as follows.

(1) Site plans shall be required as part of the application process for any of the following in commercial zoning districts:

(a) New structures;

(b) Expansions to existing structures;

(c) Any new use not contained within an existing building except temporary or seasonal uses unless the Zoning Administrator can otherwise determine compliance with parking or screening requirements;

(d) Any change in impervious surface area on lots located within a watershed overlay district; and

(e) Any significant change in required landscaping or buffer areas.

(2) Use or development of property qualifying for a minor site plan or plan of development and for which a like plan has been approved in accordance with the provisions of this section are exempt from standard site plan requirements.

(B) Site plan and plan of development review.

(1) Site plans for by-right commercial development shall be reviewed and approved administratively in accordance with the standards contained in this chapter.

(2) Site plans for all projects that are subject to rezonings and subdivision actions shall be considered in draft by the Planning Board and Town Council as part of the review process and approved administratively in final provided that they are in substantial conformance with the draft site plan submitted, revised and approved during the review and approval process. Site plans for all projects that require a special use permit pursuant to § 156.155 shall be considered in draft by the Town Council as part of the special use permit application process and approved administratively in final provided that they are in substantial conformance with the draft site plan submitted, revised, and approved during the special use permit application and approval process.

(3) Plans of development may be reviewed and approved administratively provided they are in substantial conformance to any previously approved site plan or special use permit review plat.

(1) The Zoning Administrator, during pre-application discussions with the applicant, shall determine information required for the submittal of a plan of development.

(2) Minor site plans shall include only those types of information required for a site plan that the reviewing agent deems necessary to review the request.

(3) Site plans should be prepared at a scale no smaller than 1 inch equals 30 feet and shall be submitted as 24 by 36-inch prints, unless a modified format is approved by the Zoning Administrator.

(4) All site plans shall contain the following information, except that the information provided for minor changes to existing site plans may be limited to the locations on the site where new site construction is proposed, if the Zoning Administrator determines that the limitation allows proper review of the plan:

(a) Location of tract by an inset map at a scale of not less than 1 inch equals 2,000 feet, indicating scaled coordinates and state grid references and additional information as the names and numbers of adjoining roads, streams and bodies of water, subdivisions and districts or other landmarks sufficient to clearly identify the location of the property;

(b) Name and address of the owner or developer and contract purchaser (if any), north arrow, scale of the drawing and date of preparation and revisions with the name, address and phone number of the preparer;

(c) Boundary of the entire tract by courses and distances with reference to true meridian or state grid system and area of the tract;

(d) All horizontal dimensions shown on the site plan shall be in feet and decimal fractions of a foot to the closest 1/100 of a foot, and all bearings in degrees, minutes and seconds to the nearest 10 seconds;

(e) Certificate signed by the preparer of the plan setting forth the source of title of the owner of the tract and the place of record of the last instrument in the chain of title;

(f) Certified topographic map of the parcel at a minimum 2-foot contour interval, showing existing contours and delineating the CAMA areas of environmental concern and the 100-year floodplain elevation, if applicable;

(g) U.S.G.S. datum used for all elevations with location and elevation of benchmark shown;

(h) Locations and dimensions of existing or proposed:

1. Structures on the site showing distance to lot lines and centerlines of adjacent streets;

2. Streets and easements on and adjacent to the site with rights-of-way and pavement widths;

3. Driveways and curb cuts on the site and adjacent properties;

4. Parking and loading areas; all off-street parking, related driveways, loading spaces and walkways, indicating type of surfacing, size, angle of stalls, width of aisles and location, height and intensity of proposed lighting;

5. Sidewalks, trails and open space;

6. Median strip openings and their relationship to the site;

7. Water and septic tank systems and wells (including dimensions of each);

8. Underground electric, telephone and television cables, both on-site and in adjacent rights-of-way;

9. Street and site lighting, indicating all fixture styles and heights, types of luminaire, location of fixtures, and illumination levels and uniformity values; and

10. Freestanding signs, including dimensions.

(i) Proposed elevations at control points such as driveways, ramps and any other locations determined by the agent to be necessary for the adequate evaluation of the plan;

(j) The proposed location and general use of each building, including outside display areas;

(k) Sufficient information to show how the physical improvements associated with the proposed development such as walkways, driving lanes, and curb and gutter interrelate with existing or proposed development of record on adjacent properties;

(l) A landscaping plan showing the location, number, type and size of all proposed plant material at the times of planting and ten-year maturity. The landscaping plan shall also depict all trees larger than 8 inches in caliper when measured 6 inches above grade;

(m) Location, type, materials, size and height of fencing, retaining walls and other screening including an elevation drawing;

(n) Vertical cross-sectional view showing:

1. Height of existing or proposed structures;

2. Number of stories;

3. Location and access to underground parking, if applicable; and

4. Proposed grades of each floor, including basements.

(o) Natural, historic, and open space features including tree cover, ponds, fragile environmental areas, open space and recreational areas;

(p) Additional information deemed essential by the agent to permit adequate review of the plan;

(q) The following data in tabular form:

1. PIN and parcel number(s) assigned by Dare County tax records, subdivision and lot number(s) as appropriate, and street address(es) of the property;

2. Zoning classification of the subject property and all immediately adjacent properties;

3. Area of parcel in square feet;

4. Gross floor area and the area of the above-grade horizontal surface of any parking structure;

5. Lot coverage, broken down into individual components;

6. Number and type of dwelling units;

7. Number of parking and loading spaces required and installed;

8. Special use permits granted by the Town Council, or variances granted by the Board of Zoning Adjustment; and

9. Landscaped open space, if applicable.

(r) Provisions for erosion and sediment control and the disposition of natural and storm water including the proposed location, sizes, types and grades of ditches, catchbasins and pipes and connections to existing drainage systems, storm water structures and conveyances, including all engineered storm water control measures, along with any proposed water quality enhancement facilities;

(s) Provisions for parking for the disabled, if applicable;

(t) Locations of all entrances and exits to and from all buildings on the site;

(u) Locations of all roof drains;

(v) Phasing plan for projects anticipated to request phased occupancy; and

(w) Utility easements (including water, electric, power, storm water, telephone, cable).

(D) Minor site plan. A minor site plan may be submitted for any of the following:

(1) New or expanded paved areas and associated curb and gutter to support parking, loading, trash or recycling enclosures, or similar facilities, provided that the area of the expansion is less than 25% or 2,000 square feet (whichever is less) of the existing paved area;

(2) Minor expansion of a building or buildings, not to exceed the lesser of 10% of the floor area or 1,000 square feet beyond that which is shown on the original approved site plan or beyond that which is shown on a subsequent site plan for an expansion that was approved without utilizing these minor expansion provisions;

(3) Minor expansion of a building or buildings, not to exceed the lesser of 10% of the floor area or 1,000 square feet beyond that which was constructed prior to the adoption of these site plan requirements on December 1, 2004. It shall be the responsibility of the applicant to provide the information necessary to prove to the satisfaction of the Zoning Administrator that the building existed in the current configuration prior to December 1, 2004; and

(4) Items listed under plan of development (division (E) below) may also be included in a minor site plan submission.

(E) Plan of development. A plan of development may be submitted for any of the following:

(1) Restriping of an existing parking lot, including loading areas;

(2) Construction of trash enclosures and recycling enclosures, to include installation of concrete pads over existing pavement as necessary;

(3) Change in use of a multiple use property;

(4) Addition or modification of site lighting facilities;

(5) Modification of screening or landscaping materials or design;

(6) Installation of wheel stops and limited curb and gutter and landscape island; and

(7) Other changes to approved site plans or to projects that existed on December 1, 2004 that, subject to the determination of the Zoning Administrator, are similar to and carry no more impact than 1 or more of divisions (E)(1) through (6) above.

(F) The “as built” plan. The “as built” site plan may be a copy of the original approved site plan with an affidavit attached stating that all construction has been completed in compliance with the approved plan, or shall show all deviations from the approved plan with an affidavit attached stating that no deviations exist except those shown. The “as built” plan shall be certified by an engineer, architect or land surveyor to the limits of his or her license.

(G) Design and landscaping information required. Whenever a proposed project would be subject to 1 or more of the design standards, landscaping or fencing/wall requirements, architectural renderings sealed by an architect and site plans sealed by an engineer, landscape architect or surveyor that are prepared in sufficient detail at a sufficient scale to determine compliance with relevant sections of this subchapter shall be required as part of a complete application, except that the Zoning Administrator may exempt minor modifications that do not require the renderings or plans to demonstrate an intent to comply with the regulations.

(H) Sign detail required. Whenever a new sign or change in existing sign would require the issuance of a permit, detailed designs showing all relevant information required to determine compliance with the sign regulations outlined in § 156.130 shall be required as part of a complete application.

(I) Other requirements. In addition to information required in this section, other information or documents deemed relevant by the Zoning Administrator or review board shall be required, such as evidence of approval of sedimentation and erosion control plans, prior to issuance of a zoning permit. No building permit or occupancy permit shall be issued for a development requiring a site plan, minor site plan, or plan of development, until the plan has been approved.

(J) Validity of approved site plans. An approved site plan, minor site plan, or plan of development shall become null and void if no grading or construction has commenced on the site within 2 years after approval. The agent may grant a single 1-year extension upon written request of the applicant provided that the request is made at least 30 days prior to the expiration date of the approved site plan.

(K) Procedure.

(1) All site plans or minor site plans that are appropriately submitted and that are certified by the Zoning Administrator as conforming to the standards and requirements set forth in this chapter shall be reviewed for approval by the plan-approving agent designated by the Town Manager, hereinafter referred to as the agent.

(2) All plans of development that are appropriately submitted and that conform to the standards and requirements set forth in this chapter shall be approved by the Zoning Administrator.

(3) The property owner or his or her designee shall submit a site plan or minor site plan to the plan-approving agent or submit a plan of development to the Zoning Administrator, including a completed application and 12 prints of the plan.

(4) Site plans and minor site plans shall be prepared and certified by an engineer, architect, land surveyor or landscape architect duly authorized to practice by the State of North Carolina. No person shall prepare or certify any portion of a site plan that is outside the limits of his or her professional expertise and license.

(5) With the site plan, minor site plan, or plan of development, the applicant shall submit applicable fees consistent with the adopted fee schedule. The applicant shall also submit certified mail receipts from notices sent to the owners of each property abutting to or across the street from the subject property. The notices shall inform the owners that the plan has been submitted and will be considered for approval not less than 10 days after receipt of the notice for a site plan and not less than 5 days after receipt of notice for a minor site plan or plan of development. If the adjacent development is of condominium ownership, then notification sent to the condominium association shall be sufficient to satisfy this provision.

(6) Written comments pertaining to a site plan, minor site plan, or plan of development may be filed with the agent by any interested party within the period prescribed in the notice or at any time prior to approval of the site plan.

(7) The reviewing agent shall notify the applicant in writing of the action to approve or deny the site plan or minor site plan and shall forward a copy to the Zoning Administrator. The Zoning Administrator shall notify the applicant in writing of the action to approve or deny the plan of development. In the event that a plan is denied, the plan-approving agent or Zoning Administrator shall indicate the reasons for denial. The decision by the Zoning Administrator or plan-approving agent shall be made within 60 days and denial may be appealed to the Town Council within 30 days of the date of the written decision by application in accordance with the special use provisions of § 156.118 below.

(Ord. 04-21, passed 10-6-2004, § 42.2.8; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 21-01, passed 6-2-2021; Am. Ord. 23-11, passed 9-6-2023)

§ 156.118 DEVIATION OR VARIANCE FROM COMMERCIAL DESIGN AND DEVELOPMENT STANDARDS AND SITE PLAN REQUIREMENTS.

In order to encourage creative design, to avoid undue hardship, and to expedite the zoning approval process for developments within the town, deviation from any of the design and development or site plan requirements contained within this subchapter may be approved as follows.

(A) Minor deviation. The Zoning Administrator is authorized to grant a minor xdeviation from the standards of this subchapter subject to the following.

(1) Any request for deviation from a standard set forth in this chapter including, but not necessarily limited to screening or buffer requirements, planting requirements, spacing requirements, landscaping material, building design and parking lot layout shall be granted only after the applicant has demonstrated that:

(a) The deviation was a result of unique conditions of the property; or

(b) The deviation will result in a project that is at least equal to or better than what would be accomplished under the strict application of this subchapter.

(2) Before granting a minor deviation the Zoning Administrator shall reasonably determine that granting the deviation:

(a) Does not and will not violate the spirit and intent of the ordinance; and

(b) Does not and will not adversely affect the rights of other property owners in any material manner.

(3) A minor deviation may not deviate by more than 10% from any of the measurable standards of this subchapter.

(4) The authority given to the Zoning Administrator to grant the deviation shall be construed to be permissive and not mandatory and the Zoning Administrator may decline to make the deviation. In the event this occurs, the applicant shall have the right to request a variance from the Board of Adjustment.

(B) Major deviation. The Town Council may grant a major deviation from the standards of this subchapter through the issuance of a special use permit. Issuance of special use permits shall be in accordance with the procedures set forth in § 156.155 as well as the procedures set forth below.

(1) Applications. In addition to the requirements of § 156.155, a complete application shall include all of the following:

(a) A complete explanation of the purpose and extent of the request including sealed site plans and architectural renderings when applicable or requested by the Zoning Administrator;

(b) Documentation containing facts which will be used to support the petition, including but not limited to deed restrictions, proposed homeowners’ association documents, and statements from adjacent property owners (where applicable).

(2) Town Council review. The Town Council shall review the special use permit application for a major deviation in the context of the spirit and intent of the requirements of this subchapter; existing, proposed and planned development in the immediate area; and all other applicable regulations affecting the property.

(3) Required general findings. No special use permit shall be approved by the Town Council unless the following general findings of fact are made in addition to those listed in § 156.155 by the Town Council concerning the proposed special use:

(a) The proposed development represents a design in site and/or architecture which will result in a development that is equivalent to or superior to that achievable under the applicable regulations;

(b) The proposed development will be compatible with and will not substantially injure the value of adjoining property; and

(4) Conditions. Conditions may relate to parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, intensity of site development, the timing of development, and other matters the Council may find appropriate or the applicant may propose. The applicant will have a reasonable opportunity during the hearing to consider and respond to any additional conditions or requirements prior to final action by the Town Council.

(Ord. 04-21, passed 10-6-2004, § 42.2.9; Am. Ord. 09-07, passed 8-5-2009; Am. Ord. 21-01, passed 6-2-2021)