(a)   Dune walkover structures for residential use shall be no wider than 4 feet and shall be constructed on raised posts or pilings embedded no less than 4 feet and no greater than 5 feet below grade. Walkover structures for commercial or public use may be constructed up to 6 feet in width and shall utilize piling embedment criteria consistent with the North Carolina Building Code.

         (b)   The underside of the dune walkover structure across a frontal dune shall be a minimum of 18 inches and a maximum of 30 inches above grade. The underside of the dune walkover structure across a primary dune shall be a maximum of 30 inches above grade.

         (c)   Dune walkover structures shall be located such that the first step down to the beach is placed no farther seaward than the beginning of the downward slope of the dune.

         (d)   Dune walkover structures shall be constructed so that the staircase turns parallel to the dune if there is more than a 12-foot-vertical rise in the staircase required to provide access to the surface of the beach. The requirement to turn the stairs shall not apply in instances where it would preclude the placement of the stairs entirely within the subject property.

         (e)   Within the beach nourishment project area, dune walkover structures must be constructed to meet the following standards:

            1.   A dune walkover structure on the western side of the dune may consist of a hardened structure (ramp/stairway), beach access matting, or any material consistent with the standards of this chapter.

            2.   A dune walkover extending over the top of a dune or on the eastern side of a dune may include the installation of beach access matting.

            3.   A dune walkover may include the installation of a single post-and-rail structure over the top and on the eastern side of the dune. A second post-and-rail structure will be permitted at a common dune walkover owned and maintained by a neighborhood association or similar entity. The post-and-rail structure(s) may extend down the eastern side of the dune from the top of the dune to the toe of the dune.

            4.   A dune walkover may include the installation of post-and-rope structures over the top and on the eastern side of a dune. The post-and-rope structures may extend down the eastern side of the dune from the top of the dune to the toe of the dune.

            5.   If erosion, migration of the dune, or other forces cause any portion of a post-and rail or post-and-rope structure to extend eastward of the toe of the dune or expose the supporting posts, that section of the structure must be removed by the owner.

            6.   Any portion of a post-and-rail or post-and-rope structure within the area of a beach renourishment or dune maintenance project must be removed by the owner upon notice from the town prior to initiation of the project.

         (f)   Where a lawful dune walkover structure exists on July 5, 2017 within the beach nourishment project area that could not be built under the terms of division (e) above, the structure may be continued so long as it remains lawful, subject to the following provisions.

            1.   The non-conforming dune walkover structure may not be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.

            2.   Should the non-conforming portion of a dune walkover structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter.

            3.   If located at an elevation higher than the top of the dune, an extension of the non-conforming dune walkover structure, not exceeding 5 feet in length, may be added to lower the walkover structure to the elevation at the top of the dune.

         (a)   Development shall be regulated in accordance with the setback criteria established by the Coastal Area Management Act (CAMA) as defined in 15A NCAC 07H .0306.

         (b)   Accessory structures that are exempt from the CAMA setback criteria shall not be located within 30 feet of the first line of stable natural vegetation or static vegetation line. This shall include decks, gazebos, pools and any other structure which meets the exception criteria establish by the Coastal Area Management Act (CAMA) in 15A NCAC 07H.0309. This setback shall not apply to dune walkover structures as defined in this section. Additionally, one dune deck per lot may be allowed no closer than 15 feet to the first line of stable natural vegetation or static vegetation line provided that the dune deck does not exceed 8 feet measured in any dimension, including the area that is combined with or adjacent to any dune walkover structure that may be present, and also provided that the dune deck is no higher than 30 inches above grade. In cases where the first line of stable natural vegetation is not evident on the subject property, this line shall be determined by interpolating a straight line between nearest identifiable first line of stable natural vegetation on the adjacent properties directly to the north and south of the subject property (this clause does not apply to properties subject to the static vegetation line).

         (c)   Existing structures which do not meet the setback criteria established by this section shall be regulated in accordance with the standards applicable to nonconforming structures established in § 156.073. For the purposes of determining replacement cost, the value of each accessory structure shall be considered individually and shall not be combined with the value of any other structure.

      (3)   Nothing in this section shall preclude the removal of any structure which violates § 156.063, Encroachment of Structures on the Ocean Beach.

(Ord. 13-04, passed 7-17-2013; Am. Ord. 17-05, passed 7-5-2017; Am. Ord. 17-06, passed 7-5-2017; Am. Ord. 19-10, passed 2-5-2020; Am. Ord. 21-01, passed 6-2-2021; Am. Ord. 21-03, passed 6-2-2021; Am. Ord. 22-10, passed 1-3-2023)

         (e)   Pump and haul. Notwithstanding §§ 156.125(C)(2)(a), (b), (c), and (d) above, pump and haul tank systems are prohibited except when used as a temporary emergency measure while the existing sewage collection and treatment system is being repaired, and the repair period shall not exceed 14 days.

(Ord. 04-21, passed 10-6-2004, § 43.1; Am. Ord. 07-17, passed 12-5-2007; Am. Ord. 21-01, passed 6-2-2021)

      (1)   Large residence means a single-family or two-family dwelling that exceeds the maximum total of heated square feet for a standard residence outlined on the table in § 156.126(C).

      (2)   Heated square feet or heated square footage for large residences includes any enclosed living space that is present in the principal structure and accessory structures located on the same lot.

 

 

   (D)   Large residences, as defined in § 156.126(B), are subject to the following requirements:

         (a)   Large residences are subject to minimum building setbacks greater than the standard setbacks for the zoning district in which the property is located. The following table summarizes the building setbacks for large residences.

 

 

         (a)   Properties containing a large residence must preserve and maintain a minimum of 10% of the lot's total area with existing natural vegetation. Areas designated for the preservation of existing vegetation shall contain significant examples of native vegetation.

         (b)   In addition, such property must provide for the planting or retention of trees on the site to provide minimum vegetative lot coverage of 20% of the lot's total area minus the footprint of the building. Such vegetation shall be installed or retained according to the standards outlined in § 156.137(G) of the Town Code.

         (c)   The above landscaping requirements may be altered by the Zoning Administrator due to unique and unusual physical conditions or characteristics of the property, including the reduction of landscaping requirements for oceanfront properties and other lots containing significant dune features that will be preserved in equal proportion.

         (d)   The property owner shall be responsible for maintaining the landscaped areas required by this section, including the replacement of dead and missing vegetation.

(Ord. 04-21, passed 10-6-2004, § 43.2; Am. Ord.04-29, passed 12-1-2004; Am. Ord. 05-08, passed 6-1-2005; Am. Ord. 15-12, passed 9-2-2015; Am. Ord. 18-06, passed 12-5-2018; Am. Ord. 18-07, passed 1-16-2019; Am. Ord. 21-01, passed 6-2-2021)

         (c)    Other proposals for sand dune disturbing activities not specifically exempted in division (A) above may be submitted for review as special uses subject to Planning Board review and Town Council approval; and

         (d)   Unauthorized dune-disturbing activities shall be considered a violation of this chapter and shall be subject to penalties prescribed in § 156.999. Mitigation plans prepared by a North Carolina licensed engineer or North Carolina licensed surveyor shall be required for any unauthorized dune-disturbing activity.

      (2)   These standards do not apply to those sand dunes that are protected by the North Carolina Coastal Area Management Act and subject to those state regulations.

(Ord. 04-21, passed 10-6-2004, § 43.3; Am. Ord. 21-01, passed 6-2-2021)

      (1)   The provisions of this section shall apply to any land disturbance activity regardless of the size of the disturbed area. A land disturbance permit is required as provided in division (B)(1) below.

      (2)   Land disturbing activities, excluding necessary clearing and grubbing shall not be permitted within 5 feet from any property line with the exception of drainage and storm water improvements and underground utilities. Landscaping and fences located within this area are permitted as long as they do not impede the flow of storm water. Land disturbances on front (street) property lines for driveways shall be limited to culvert, drainage, and driveway improvements and shall comply with all provisions of this chapter.

      (3)   Fill is not allowed within 5 feet of any side or rear property line except to directly match a higher adjacent grade at the property line. Fill is not allowed within 5 feet of the front (street) property line except to directly match the grade at the street and to accommodate driveway improvements as approved by the Zoning Administrator or Town Council.

      (4)   Except as provided in § 156.128(A)(3) above, a lot shall not be filled/graded higher than the adjacent grades or nearer than 5 feet to any property line in any of the following circumstances:

         (c)   When fill is required to raise the lot elevation to the base flood elevation. If more than 36 inches of fill material is necessary to raise a lot to base flood elevation, the applicant for a land disturbance permit shall submit a drainage plan prepared by a North Carolina licensed surveyor, North Carolina licensed engineer, North Carolina licensed landscape architect, or North Carolina licensed soil scientist depicting how stormwater on the site will be managed to avoid runoff on adjoining properties, rights-of-way, waterways and easements shall also be submitted at the time building permits are requested. The plan shall depict the existing and proposed elevations at all property lines around the perimeter of the site and internal to the site where improvements, including septic improvements, are proposed. The grading and shaping plan shall depict the areas on the site where fill material will be placed and the limits of the fill material in relation to the property lines. The grading and shaping of the fill material shall be completed so that no fill material is located within 5 feet of any property line. Fill material shall be graded to avoid runoff on adjoining properties, rights-of-way, waterways and easements. If drainage improvements and/or stormwater measures such as infiltration basins, swales or ditches are used to address stormwater runoff, the improvements may be placed within this 5-foot area. Design details on guttering and downspout systems, if utilized, shall be provided in the plan. This grading and shaping plan shall be submitted a minimum of 5 days before building permits are requested for construction on the site to allow review by the planning staff. An on-site visit with the planning staff may be requested as part of the review process. Verification of the completion of the drainage plans as proposed shall be submitted before the certificate of occupancy is released by the Duck Building Inspector.

         (d)   When permitted by special use granted by the Town Council in accordance with the procedures established in § 156.155. For all special use requests to fill lots in excess of 36 inches, the drainage plan submission requirements described in division (A)(4)(c) above shall also apply.

         (e)   All fill shall be established at a slope not to exceed 3 feet horizontal run for every 1-foot vertical rise. The toe of the slope shall meet the 5-foot setback requirement from all property lines.

         (f)   No fill of any kind shall be allowed within 5 feet of any property line except as associated with a driveway, bulkhead or other permitted setback encroachments.

         (g)   Driveways shall taper back to existing grade no less than 5 feet from the front property line and shall be designed to the extent reasonable to prevent the direct flow of stormwater runoff to streets or adjacent properties.

         (h)   Stormwater retention areas may be located up to property lines provided no fill therefor is located within 2 feet of the property lines.

         (i)   Guttering and rooftop rainwater collection systems shall not flow directly onto driveways, impervious surfaces, or adjacent properties.

      (5)   A permanent ground cover, sufficient to prevent erosion, must be established on all fill slopes as follows:

         (a)   Prior to issuance of the certificate of occupancy for construction projects; or

         (b)   For projects where land disturbance activity has ceased for more than 6 months, whichever occurs first.

      (6)   Bulkheads or retaining walls shall not be allowed as a method to stabilize or contain fill, except bulkheads established for shoreline protection and as otherwise permitted by special use permit granted by the Town Council. Retaining walls used to stabilize or contain existing natural grade when a driveway or walkway is cut into a lot at an elevation lower than existing natural grade may be approved by the Planning Director.

      (7)   Any lot requiring a land disturbance permit shall install erosion and sediment control measures to prevent sediment from leaving the site. The erosion and sediment control measures shall be implemented on the site prior to the commencement of land disturbing activities and shall be continuously maintained during the land disturbance phase of development.

      (8)   In cases of substantial natural grade differences between adjoining lots of the subject property, the Town Council may grant, by special use permit, deviations from the standards contained herein. The applicant shall submit a certified, engineered storm water plan with the applicant’s application for a special use permit. The storm water plan shall verify that the proposed development will not create flooding or nuisance conditions on the lower adjacent lots. In no case shall the rear and side yard no fill zones be encroached upon with fill.

      (9)   A fill permit issued by the North Carolina Division of Water Quality shall be required to fill any 401 wetlands.

      (10)   A fill permit issued by the United States Army Corp of Engineers shall be required to fill any 404 wetlands.

      (11)   Fill materials shall be of substantially similar composition to the soils present on the lot being filled and shall not include debris or be finished with soils or materials that will adversely affect the absorption of storm water.

      (12)   Residential lots may be graded, subject to the requirements of this section, to create a level area for a single-family detached dwelling and its accessory structures and driveway/parking areas. Fill material that is either brought to the lot or re-graded on the lot under the footprint of the principal dwelling unit is subject to the following limitations. For the purposes of this subchapter, the building footprint shall be considered the plan view of the heated area of the principal dwelling unit. Pre-disturbance elevations shall be taken at the four corners of building footprint. In cases where the building footprint is irregular and has more than four sides, pre-disturbance elevations shall be taken using the four building corners closest to the four corners of the smallest square or rectangle that could be drawn to encompass the footprint.

         (a)   No ground elevation anywhere on the lot, including beneath the final house footprint location, may be increased by more than 3 feet or 36 inches above the pre-disturbance ground elevations without submission and approval by the Town Council of a stormwater management plan, except as provided in division (b) below.

         (b)   Lot depressions that are interior to the lot a minimum of 5 feet from all lot lines may be filled, either by grading materials from other locations on the lot or by bringing in like-kind material, no higher than to the level of the directly adjacent pre-disturbance grade completely surrounding the depression. The post-fill condition shall be considered as the pre-disturbance ground elevations of such depressions in permitting leveling and calculating building height.

         (c)   Where fill/grading is not necessary to raise a house to base flood elevation, there shall be a maximum allowance of 3 feet of rise in ground elevation from the lowest pre-disturbance ground elevation beneath the footprint of the house as a leveling factor. Any filled/graded rise in ground elevation greater than 3 feet at any location under the footprint of the dwelling unit that is not necessary to raise a dwelling to base flood elevation shall be calculated as part of the height of the dwelling unit, per the definition of building height.

      (1)   A land disturbance permit shall be required for filling and/or grading a lot; any lot clearance, filling or grading activity prior to issuance of a building permit; any installation of gravel or pavers or accessory structures and similar site features whether or not subject to building permit requirements; and any removal or installation of site features such as septic systems, wells and drainage systems that disturb the land.

      (2)   (a)   The land disturbance permit application shall be filed with the Planning Director or his or her designee. The following information shall be submitted as part of the permit application:

            1.   Adjacent property grades;

            2.   Approximate depth of seasonal high water table;

            3.   Existing elevations sufficient to determine the drainage patterns on site and on adjoining sites;

            4.   Locations and elevations of the adjoining street pavement, shoulder, ditches, drainage systems, upstream and downstream driveway culverts;

            5.   Proposed elevations of the top of bank and toe of slope and limits for fill necessary to construct the dwelling, including driveway access;

            6.   For all grading/filling activities up to 36 inches of fill material, a survey depicting the existing and proposed ground elevations shall be submitted at the time building permits are requested. The survey shall also depict the areas on the site where fill material will be placed and the limits of the fill material in relation to the property lines. Fill material shall be graded to avoid runoff on adjoining properties, rights-of-way, waterways and easements. Fill material shall not be located within 5 feet of any property line;

            7.   A topographic plan (shown in 1-foot intervals) shall be required for all development where changes in the natural grade of the property greater than 36 inches in height is proposed or has taken place in the past year. The plan shall indicate the location and elevation changes above or below natural grade and contain the following certificate:

      (3)   Prior to issuance of the land disturbance permit, an on-site inspection of the project site may be scheduled by the Planning Director or his or her designee to evaluate the pre-disturbed conditions of the site and review and discuss the proposed land disturbance activity.

      (4)   For all grading/filling activities requiring a special use under the terms of this chapter, the use shall be approved prior to issuance of the land disturbance permit.

      (7)    Any development that requires a CAMA major development permit or a sedimentation and erosion control plan shall be subject to the state storm water runoff policies promulgated in 15 N.C.A.C. 2H § .1000, unless exempted by those regulations. The town may not issue a zoning or special use permit and may not grant final plat approval for subdivisions with respect to any development that would cause land disturbing activity requiring prior approval of an Erosion and Sedimentation Control Plan by the North Carolina Sedimentation Control Commission under G.S. § 113A-57(4) (Mandatory Standards for Land Disturbing Activity) unless the Commission has certified to the town, either that:

         (a)   An erosion and sedimentation control plan has been submitted to and approved by the Commission; or

         (b)   The Commission has examined the preliminary plans for the development and it reasonably appears that an erosion and sedimentation control plan can be approved upon submission by the developer of more detailed construction or design drawings. However, in this case, construction of the development may not begin (and no building permits may be issued) until the Commission approves the erosion and sedimentation control plan.

      (1)   All proposals to add fill on a lot in excess of 36 inches shall require approval of a special use application by the Town Council in accordance with the procedures established in § 156.155.

      (2)   The Town Council may grant a special use only after determining that the application meets the following criteria:

         (a)   The site for the proposed fill is otherwise adequate in size, shape and other characteristics to accommodate the proposed project;

         (b)   The applicant has demonstrated that the requirements of this chapter are unreasonable or impractical due to the necessity for the fill, lot shape, topographical features, location of mature vegetation, or location and characteristics of existing improvements on the lot;

         (c)   The amount of fill proposed is the minimum necessary to accommodate the proposed project, especially for soundfront properties;

         (d)   The proposed fill will not negatively impact adjacent properties or the surrounding area, especially for soundfront properties;

         (e)   The special use will be consistent with any applicable goals, policies and objectives specified in the town’s adopted CAMA Comprehensive & Land Use Plan and vision statement. This review includes the town’s evaluation of the proposal’s consistency with its adopted CAMA Comprehensive & Land Use Plan, which may be more flexible or more stringent than interpretations by others; and

         (f)   The applicant has submitted a drainage plan consistent with the requirements described in § 156.128(A)(4)(c).

(Ord. 05-06, passed 5-4-2005; Am. Ord. 07-13, passed 10-3-2007; Am. Ord. 07-18, passed 12-5-2007; Am. Ord. 08-04, passed 10-1-2008; Am. Ord. 09-07, passed 8-5-2009; Am. Ord. 14-02, passed 6-4-2014; Am. Ord. 15-03, passed 3-4-2015; Am. Ord. 17-03, passed 6-7-2017; Am. Ord. 21-01, passed 6-2-2021)

      (1)   Eating establishments must meet the criteria as defined in § 156.002.

      (2)   Eating establishments shall contain a food preparation area that is at least 20% of the gross square footage of the principal building, or the unit in which the eating establishment is contained.

      (3)   Eating establishments shall not contain a drive-through window service whereby patrons are served while seated in a motor vehicle.

      (4)   Eating establishments shall not operate as drive-in establishments whereby patrons are served by employees while seated in motor vehicles parked on-premises.

      (5)   No more than 15% of the eating establishment's indoor gross floor area shall be dedicated to accessory entertainment, including but not limited to, dance floor, lounges, bars, stages, live performance and disc-jockey areas. Accessory entertainment uses referenced in this section shall be permitted in a restaurant establishment, provided these uses are clearly subordinate in area, extent, hours of operation, and purpose to areas designated for food and/or beverage preparation, service and consumption.

      (6)   Eating establishments shall comply with the minimum parking requirements established in § 156.094.

      (1)   Eating establishments shall require a special use permit in accordance with the standards and procedures specified in § 156.155.

      (2)   Applicants shall provide detailed floor plans of the interior of the eating establishment, including the kitchen layout, service counters, utility areas, restrooms, pedestrian accessways, and all customer service and seating areas. The same shall be provided for any associated outdoor dining area.

      (3)   All eating establishment applications shall be approved, as applicable, by the Town Fire Marshal, Building Inspector, Director of Community Development and the Dare County Health Department. This shall include any modifications to the floor plan or seat layout of existing indoor or outdoor seating areas.

      (4)   Any increase in the number of seats or the square footage of the eating establishment shall require an amendment to the special use permit.

      (1)   Covered outdoor dining areas shall not be enclosed with permanent sidewalls and shall not be air conditioned. Any permanently enclosed space shall be considered part of the interior portion of the eating establishment.

      (2)   Parking shall be provided for outdoor dining areas in accordance with the standards in § 156.094. The applicant shall delineate the outdoor dining area on a floor plan, drawn to scale, and shall provide a calculation of the square footage of this area.

      (3)   Outdoor dining areas located in the common space of group developments shall be directly contiguous to the frontage of the unit containing the eating establishment.

      (4)   The location and use of the outdoor dining area shall not obstruct the movement of pedestrians, goods or vehicles, and shall not be located in driveways or parking areas.

      (5)   Outdoor dining areas shall not be located in required front yards and landscape or buffer areas.

      (6)   Adequate solid waste and recycling containers shall be provided and shall be serviced and maintained in a neat and clean manner. Outdoor dining areas shall be kept free of litter, debris and food refuse at all times.

      (7)   Live music and other forms of entertainment conducted in outdoor dining areas shall not occur after 10:00 p.m.

(Ord. 11-08, passed 1-4-2012; Am. Ord. 15-11, passed 9-2-2015; Am. Ord. 21-01, passed 6-2-2021)

         (a)   All signs are deemed to be accessory to the principal use and shall be located entirely on the same lot as the principal use, except as provided in division (F)(4) below.

         (b)   Signs and sign structures may not obstruct ingress and egress to any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress or egress for any room or building as required by law.

         (c)   Signs shall be set back from the right-of-way as specified herein.

         (d)   Building-mounted signs shall be flush-mounted against the plane of a building wall and shall not extend beyond the perimeter of any building edge, canopy border or roof line, except as provided for porch signs in division (F)(3)(b)6. below.

         (e)   Projecting signs shall not project more than four feet in a perpendicular fashion from the building face to which they are attached.

         (f)   Wall signs shall not extend more than 12 inches in depth from the building face to which they are attached.

         (g)   No permanent, freestanding sign shall be located within a public right-of-way or within 30 feet of the center-line of any public thoroughfare.

         (h)   Any sign that obstructs corner visibility or visibility at a driveway between a height of 2 feet and 10 feet is prohibited.

         (a)   All lighting must be oriented or shielded so that light and glare reflects away from streets and adjacent property.

         (b)   External sign lighting shall be directed toward signs and shall be shielded in a manner so as to illuminate the sign face only. Signs with external lighting shall be lit from the top down to avoid the glare and sky illumination characteristics of spot lighting or up lighting. Internally lit or back lit signs must be appropriately shielded to keep glare and light from rising above the top of the sign.

         (c)   No sign regulated by this chapter may utilize a revolving beacon light, flashing, revolving, changing and/or rotating light.

         (d)   All signs in which electrical wiring and connections are to be used shall require a permit and shall comply with the North Carolina Electrical Code and be approved by the Building Inspector.

         (a)   All freestanding signs shall have self-supporting structures erected on or permanently attached to concrete foundations, concrete footings or concrete embedment.

         (b)   All signs and sign structures shall be constructed and designed according to generally accepted engineering practices, to withstand wind pressures and load distribution as specified in the North Carolina State Building Code, as adopted and amended by the town.

         (c)   When a sign or outdoor advertising structure becomes structurally unsafe, the Building Inspector shall give written notice to the owner thereof that the same shall be made safe or removed within ten days of receipt of the notice.

      (1)   Government signs;

      (2)   Product dispensers and point-of-purchase displays;

      (3)   Indoor signs other than window signs;

      (4)   Signs which are less than one square foot in area; and

      (5)   Signs which are not visible from road, rights-of-way, beach, and waters of the Atlantic Ocean and currituck sound, are exempt from the requirements of this division except for the applicable provisions contained in divisions (C)(2), (C)(4), (C)(5), (C)(6), and (E), but not including the provisions in (E)(2).

      (6)   Signs and notices posted along privately maintained roads or commonly held properties by a formally established property owners association for the purpose of traffic direction, public notice or public safety.

      (1)   No sign shall be permitted on or protrude into a public or private right-of-way, street or vehicular passageway;

      (2)   No sign shall be posted on any telegraph, telephone, electric or other utility pole or structure or any tree;

      (3)   No sign shall be permitted whereby its location, nature or type constitutes a hazard to the safe and efficient operation of vehicles or passage of pedestrians and cyclists upon any public or private right-of-way, street or passageway. No sign shall be permitted that obstructs the line of sight of motorists or pedestrians at intersections, driveways, or along any public or private right-of-way, street or passageway. No sign shall be permitted that obstructs or resembles traffic signs or signals, or would tend to be confused with a flashing light of an emergency vehicle;

      (4)   No sign shall be permitted that contains or consists of banners, posters, ribbons, balloons, streamers, pennants, spinning parts or other similarly moving devices or ornamentation, except as specifically provided herein;

      (5)   No sign shall be permitted which contains or utilizes revolving or rotating beams of light. No flashing sign shall be erected. Also prohibited are portable spotlights or beacons used as advertising to draw attention to any use;

      (6)   No signs or lettering shall be displayed on a vehicle or trailer that is parked or located within 80 feet of the centerline of N.C. Highway 12 and on the same property as the business for which the sign is advertising, unless there is no other feasible location to park the vehicle on the property;

      (7)   No sign shall be located in any public or private waterbody, canal, ditch or other waterway, including the Atlantic Ocean and the surrounding waters of the town. This prohibition does not apply to government signs;

      (8)   Temporary, portable signs including sandwich board, A-frame or wind driven signs such as tethered balloons or other inflatable objects, except as otherwise provided in this chapter. A-frame or sandwich board signage may be permitted on decks and landings of commercial buildings, except as otherwise prohibited herein, but may not be ground or roof mounted;

      (9)   All outdoor advertising structures (billboards or off-premises signage) are prohibited. Any sign or outdoor advertising structure that violates any provision of any law of the state relative to outdoor advertising is prohibited;

      (10)   Roof signs that extend above the peak of the roof on which they are attached or whose area exceeds individually or in aggregate 25% of the roof area on which they are attached or more than 10% of the total roof area of an individual building. Roof signs shall not be attached to flat roofs. Roof signs shall in no case be taller than 10 feet from the lowest point of attachment to the roof. The height of a roof sign measured from the ground to the top of the sign cannot exceed the maximum height limit for the zoning district in which the sign is permitted;

      (11)   Any form of signage on a telecommunications tower;

      (12)   Any form of signage on a wind energy facility or solar energy system;

      (13)   Signs supported in whole or in part by water, air or gas in the Ocean and Sound Overlay District;

      (14)   Signs directed toward any public trust area as defined by CAMA;

      (15)   Signs related to a minor home occupation;

      (16)   Signs imitating or closely resembling official traffic or government signs or signals, excluding actual government signs;

      (17)   Electronic message board signs as defined in § 156.002; and

      (18)   Any other sign not expressly permitted by this section.

         (a)   Area of the sign;

         (b)   Size, character, general layout and designs of signs;

         (c)   The method and type of illumination, if any, and construction specifications if applicable;

         (d)   The location proposed for the signs in relation to property lines, zoning district boundaries, right-of-way lines, public waterways and existing signs;

         (e)   A listing of all building and ground-mounted temporary and permanent signage on the premises;

         (f)   Additional information that will enable the Zoning Administrator to determine if the sign is to be erected in conformance with the requirements of this chapter; and

         (g)   Payment of fee to obtain sign permit and building permit (if one is required).

         (a)   Flags and other wind-driven devices, as defined in § 156.002 above, provided the standards of division (F)(4)(a) below are met;

         (b)   Any property for which a special event permit has been approved may install temporary signs or banners provided such signs do not exceed 48 square feet in sign area and do not encroach on any public or private right-of-way. These temporary signs or banners may be installed 10 business days before the event or activity and must be removed within five business days following the event or activity;

         (c)   Signs prohibiting persons from trespassing, hunting, fishing or swimming and warning of dangerous animals, not to exceed 2 square feet in area for each sign;

         (d)   Temporary window signage in conformance with the window signage requirements in division (F)(3)(b)4. below; and

            1.   Temporary banners, flags and balloons, limited to 3 consecutive days' duration.

            2.   One non-illuminated sign per street frontage, not to exceed 6 square feet in sign area. Such signs must be mounted within a substantial wood or metal frame (for example, typical signs used in the real estate industry for advertising sales).

            3.   Temporary, non-illuminated, lightweight signs, not to exceed 2 square feet in sign area (similar to yard sale or open house signs).

            4.   Non-illuminated signs mounted to the wall of a residence, not to exceed a total of 14 square feet in sign area.

            5.   Temporary signs less than 8 square feet in area, provided that these signs shall be limited to 90 days duration and do not encroach on any public or private right-of-way.

         (f)   Any property on which repair or construction work is actively occurring may install one additional, non-illuminated sign for each street frontage, not to exceed 12 square feet in sign area for residential signs or 24 square feet for commercial signs. The right to display this additional sign ceases when the work is completed.

            1.   Residential identification signs. Maximum of two residential identification signs per entrance, not to exceed 32 square feet each in sign area.

            5.   Roof signs. Roof signs shall not exceed individually or in aggregate 25% of the roof area on which they are attached or more than 10% of the total roof area of an individual building. Roof signs shall not extend above the peak of the roof on which they are attached. Roof signs shall not be attached to flat roofs. Roof signs shall in no case be taller than 10 feet from the lowest point of attachment to the roof. The height of a roof sign measured from the ground to the top of the sign cannot exceed the maximum height limit for the zoning district in which the sign is permitted.

               a.   Where an occupancy is on a corner or has more than one street frontage, one additional freestanding sign and wall signs are allowed on the additional frontage, but the total signage permitted is subject to the limitations of § 156.124(F)(3)(b);

               b.   All awning, marquee and under-canopy signs shall have a minimum clearance of 80 inches over any pedestrian use area;

               c.   Awning signs shall be considered wall signs and subject to the same standards;

               d.   Notwithstanding the limit on sign area based on linear frontage of the building as described in division (3)(b) above, any independent retail business may have a minimum of 30 square feet of sign area. Further, in a group development or multi-tenant building, signage may be distributed among the tenants according to the aggregate building frontage and agreement for sign allowance distribution between the tenants and the property owner; and

               e.   For group development projects, additional signs may be installed within the lot in proximity to major internal pedestrian and vehicular travelways. No such sign shall exceed 20 square feet in area and 8 feet in height for group development projects less than 5 acres in area or 30 square feet in area and eight feet in height for group development projects 5 acres or more in area, nor be located closer than 50 feet to any street. These signs shall not be placed within 5 feet of the curb line of a service drive or travel lane. No more than 1 such sign may be permitted for each 2 buildings in a group development project. Freestanding signs may be permitted for group development projects in addition to the single ground-mounted sign permitted pursuant to division (F)(3)(b)1. The allowance for wall-mounted or freestanding signs is in addition to the business sign allowance in division (F)(3)(b) above.

         (a)   Flags and other wind devices. Ground-mounted and building-mounted flagpoles are permitted as commercial signs, subject to the following standards: flagpoles shall not exceed the maximum building height limit of the applicable zoning district in which they are located. Roof-mounted flagpoles are permitted only if the top of the pole is no higher than the building height limit for the district in which it is located and provided all other limitations of this chapter are met. No premises may display more than three like signs, each flag and pole shall conform to the height and setback restrictions of the zoning district in which they are located, and no like flag shall exceed 24 square feet in area. In addition, for any commercial use on a parcel, other flags may be permitted according to the following:

            1.   A maximum of 1 flag pole with no more than 2 flags per pole shall be permitted for each 25 linear feet of road frontage. A nautical flagpole with a yardarm or gaff shall be permitted to display no more than 5 flags per pole. Permits shall not be required for flags and flag poles; however, the standards herein must be met;

            2.   Wind-driven devices such as windsocks, decorative banners and similar devices (not including balloons and pennants) may be mounted to buildings, decks and porches provided they are not placed above the eave line of the roof on the building. Permits shall not be required for these devices; however, the standards herein must be met;

            3.   Sails, sailboards, kites or other similar apparatus mounted on the ground affixed to or in a similar fashion as flagpoles shall be considered as flags and subject to these restrictions;

            4.   All flagpoles shall be located outside of any right-of-way or easement area;

            5.   Flagpoles shall be located a minimum of 10 feet from all property lines except that this setback shall not apply to property lines abutting the sound; and

            6.   All flags and flag poles shall be maintained in good repair. Flags and flag poles that are worn, torn, faded, tattered or in need of repair shall be removed and repaired or replaced as soon as they reach that condition.

         (b)   Building-mounted banners as commercial signs provided that banners do not exceed 32 square feet in area, are displayed for no more than ten days at a time no more than 6 times per year with a minimum of 14 days between banner display per business during the tourist season from Memorial Day to Labor Day. These banners may be consecutive displays during the off-season, not to exceed the maximum allowable days per year. These banners may be mounted on the building or on deck railing or similar building features, or may be ground-mounted with posts or affixed to a permitted ground-mounted sign, subject to the location requirements of § 156.124(C)(1), provided that a permit has been approved by the Zoning Administrator and applicable fees and deposits as established by the Town Council to guarantee removal of those signs have been submitted.

            1.   The sign is relocated or replaced; or

            2.   The structure of the sign is altered in any way except towards compliance with this chapter. This does not refer to change of copy or normal maintenance but shall include sign re-facing.

         (a)   Signs unlawfully placed in any street right-of-way or on any public property, including signs affixed to street signs and posts and traffic signs and posts, on any public utility pole, or within 30 feet of the centerline of any public thoroughfare may be removed by the Zoning Administrator or his or her designee without notice.

         (b)   A sign so removed will be held for a period not to exceed ten days and retrieval of the sign will incur a fee as prescribed in the adopted schedule of fees. Removal and disposal of illegally placed signs or posting of violation notices thereon shall not preclude the prosecution of any person for illegally placing those signs.

         (a)   Special use permits shall be granted only in accordance with the procedures and limitations established for special use permits in § 156.155 below.

         (b)   Special use permits shall be granted only if:

            1.   The applicant has clearly demonstrated that requirements contained in this section will present a unique burden due to unusual topography, vegetation, building design or orientation, or lot shape; and

            2.   The Town Council has determined that the granting of a special use permit will not be inconsistent with the CAMA Comprehensive & Land Use Plan or the purpose of the sign regulations.

(Ord. 04-21, passed 10-6-2004, § 44; Ord. 05-09, passed 6-1-2005; Am. Ord. 08-03, passed 7-2-2008; Am. Ord. 09-002, passed 4-8-2009; Am. Ord. 10-02, passed 4-7-2010; Am. Ord. 15-03, passed 3-4-2015; Am. Ord. 17-01, passed 4-5-2017; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 21-01, passed 6-2-2021)

      (7)    For any special use, an outdoor lighting plan shall be submitted in conjunction with the submission of a site plan for Town Council review. For those projects not subject to special use permit review, an outdoor lighting plan may be required for those projects that feature a total of 10 or more exterior light fixtures as depicted on the site plans and/or building plans.

 

(Ord. 04-21, passed 10-6-2004, § 46; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 21-01, passed 6-2-2021)

      (4)   There shall be no display of goods, tools, equipment, commercial vehicles or advertising other than a single sign subject to the standards outlined in § 156.130; and

(Ord. 04-21, passed 10-6-2004, § 2; Am. Ord. 17-04, passed 6-7-2017)

      (1)   The purpose of this section is to preserve, protect, and replace trees and vegetation within the town because such plantings:

         (a)   Are an important public resource;

         (b)   Preserve and enhance the town's physical and aesthetic environment, especially its natural and unique atmosphere;

         (c)   Enhance the air quality by filtering air pollutants;

         (d)   Reduce topsoil erosion by the holding effect of their roots;

         (e)   Reduce storm water runoff;

         (f)   Provide a buffer and screen against noise pollution;

         (g)   Reduce energy consumption by acting as a wind break and producing shade;

         (h)   Preserve and enhance nesting areas for birds and other wildlife which, in turn, assist in the control of insects;

         (i)   Protect and enhance property values;

         (j)   Protect and enhance the quality of life and the general welfare of the town; and

         (k)   Improve the compatibility of uses by providing privacy and enhancing the aesthetic transition between uses.

         (b)   The diameter at breast height of multi-trunk trees shall be measured according to the following formula from the U.S. Forest Service National Core Field Guide: the dbh for a multi-trunk tree is calculated by taking the square root of the sum of squared dbhs of all trunks. The following example shows how this formula is intended to be applied:

            1.   Find square of each trunk. l0 x 10 = 100

            2.   Add squared numbers together. 100 + 100 + 100 + 100 = 400

            3.   Calculate square root of total. Square root of 400 = 20

            4.   This multi-stem tree would be measured as a 20 inch dbh tree.

         (c)   Preserving some trunks of a multi-trunk tree is preferable to removal of the entire tree. The Director is authorized to allow the pruning or removal of an individual trunk to accommodate reasonable development of a property.

         (a)   The effect of the proposed tree removal upon the stabilization of soil;

         (b)   The intended use of the property and feasible alternatives which would preserve existing trees;

         (c)   The existing topography, proposed changes in the topography and proposed landscaping;

         (d)   The hardship imposed or the reasonable use denied to the applicant as a result of permit denial;

         (e)   Historical value of the trees;

         (f)   Good horticultural and forestry practices;

         (g)   The effect of the proposed tree removal on the deadening and absorption of sound;

         (h)   The likelihood that the proposed action will adversely affect the control of flooding or soil erosion;

         (i)   The impact of such action on surrounding property or persons;

         (j)   The consistency of the proposed action with the purpose of this section.

      (3)   (a)   A permit shall expire and become null and void if work authorized is not commenced within 6 months from the date of the permit or if such work when commenced is suspended or abandoned at any time for a period of 6 months;

         (b)   If work has commenced and the permit becomes null and void or expires because of lack of progress or abandonment, a new permit for the proposed tree removal activity shall be obtained before proceeding with further work.

      (4)   Removal of any size tree where the tree trunk is within 10 feet of a structure shall be allowed without a permit.

      (1)   A tree emergency shall be deemed to exist when:

         (a)   A tree has become an imminent danger or hazard to persons or property as a result of fire, motor vehicle accident, or natural occurrence such as lightning, windstorm, ice storm, flood, or other similar event; or

         (b)   A tree must be removed in order to perform emergency repair or replacement of public or private water, sewer, electric, gas, or telecommunications utilities.

      (2)   In the case of a tree emergency, the Director is hereby authorized to:

         (a)   Issue a tree removal permit without an application;

         (b)   Waive the requirement for a tree removal permit set forth in this section; or

         (c)   Waive any of the other regulations of this section.

      (3)   Notwithstanding any other regulations, a person otherwise required to obtain a tree removal permit may take any reasonable action necessary to avoid or eliminate the immediate danger or hazard, or conduct emergency repair or replacement of the public or private utility. The person taking such action shall file an application for a tree removal permit within 72 hours after a tree is removed in a tree emergency.

      (4)   In these instances, documentation of the need for the emergency tree removal must be provided. Such documentation can include (as applicable):

         (a)   Documentation from a certified arborist;

         (b)   Police report;

         (c)   Photographs; and/or

         (d)   Other information documenting the condition of the tree and circumstances surrounding its removal.

      (1)   Any applicant proposing to remove or destroy existing trees or vegetation in conjunction with any land development activity, including the moving of buildings, shall submit a vegetation management plan containing such of the following information as deemed necessary by the Director:

         (a)   The location, size and species of all trees which are at least 6 inches diameter at breast height, indicating which are to be preserved, which are to be removed, and a description of the condition of trees or vegetation that are to be preserved;

         (b)   Specifications for the removal of trees and protection of trees during construction;

         (c)   Proposed grade changes or other potentially injurious work adjacent to trees or vegetation designated for preservation with specifications for maintaining ground drainage and aeration around such trees;

         (d)   The location, size and species of all vegetation to be planted;

         (e)   An estimate of the vegetation canopy coverage to be provided as required in division (G) via retention or new planting; and

         (f)   Such other information that the Director deems essential.

      (2)   Any applicant proposing to remove or destroy multiple existing trees or substantial vegetation on a developed lot not in conjunction with a land development activity shall ensure that the total vegetation cover on the property is equal to or greater than the minimum requirement through retention of existing vegetation or planting of new vegetation to meet ordinance requirements.

      (3)   Although not required, any person or firm subject to the requirements of this chapter is encouraged to seek professional assistance from a certified arborist, landscape architect, or similar professional.

      (1)   No person shall abuse, mutilate or otherwise damage any tree or vegetation located on public property, or any tree or vegetation protected by this section, including those located in the public right-of-way along street frontages within subdivisions. However, nothing in this section shall be construed to prevent reasonable and proper trimming of trees or vegetation located on public property by authorized persons in accordance with accepted horticultural practices.

      (2)   No person shall attach any sign, notice, placard, electrical wire or other injurious device to any tree, nor shall any person cause any substance harmful to trees to come in contact with them, or prevent water and oxygen from reaching their roots.

      (1)   New development and substantial redevelopment as defined in § 156.137(E) on any property shall provide for the planting or retention of trees (or approved substitute vegetation in the "Town of Duck Vegetation Planting Guidelines") on the site to provide for a minimum vegetative lot coverage as follows:

         (a)   Ten percent for a lot within any commercial zoning district;

         (b)   Fifteen percent for a residential lot; and

         (c)   Required vegetative lot coverage will be calculated based on the total lot area minus the footprint of the principal building.

      (2)   To meet the minimum requirements of this division, vegetative lot coverage shall be calculated using the following methods:

         (a)   Vegetation that is newly planted to meet vegetative lot coverage requirements shall include only vegetation on an approved list of local vegetation, as provided in the "Town of Duck Vegetation Planting Guidelines," or other trees, bushes, shrubs, or grasses as approved by the Zoning Administrator upon submission of a landscape plan with assessment of local hardiness and calculation of canopy. All vegetation planted to meet these requirements shall be a minimum size as specified in the "Town of Duck Vegetation Planting Guidelines" and shall be planted as described in the technical standards included within the guidelines. Palm trees and tropical vegetation cannot be counted to meet vegetative lot coverage requirements. The plant list contained in the "Town of Duck Vegetation Planting Guidelines" defines the plant species that are included within each category. If the canopy coverage is accomplished by installation, canopy credit shall be provided based on the categories listed below:

            1.   Large trees, provide a 400 square foot canopy credit.

            2.   Small trees, provide a 200 square foot canopy credit.

            3.   Mulched bushes or shrubs (18-24 inches minimum height at planting or a 3 gallon size) provide a 40 square foot canopy credit.

            4.   Ornamental grasses (18-24 inches minimum height at planting or of a 3-gallon size) provide a 20 square foot canopy credit. Credit for smaller coastal grasses and forbs, such as American Beach Grass, will be provided at 100 sprigs or plants for every 100 square feet of lot area. Credit will not be provided for retention of existing vegetation in oceanfront areas within the CAMA small structure setback.

         (b)   Existing vegetation that is retained to meet vegetative lot coverage requirements may be calculated based on the methods described in division (a) above based on the allowable square footage as shown for large and small trees, shrubs, and grasses. Areas of significant, mature vegetation that will remain undisturbed may also be calculated on a square foot basis by determining the area within the perimeter surrounding the vegetation to be retained. Existing vegetation to be retained need not be on the approved list of local vegetation as provided in the "Town of Duck Vegetation Planting Guidelines," provided it is a native or locally adaptive plant species.

         (c)   For trees to be eligible for any tree canopy cover credit, the required amount of open soil surface must be present and protected around the tree. The area of vegetative canopy cover for which credit is given shall always remain in vegetative cover and there shall be no other use of the area other than for vegetation growth or passive recreation except as otherwise provided herein. Developed properties shall be required to maintain the minimum vegetative canopy described above and must provide for replacement of or vegetations that are removed, per division (E)(2).

      (1)   During development or razing activity, the builder shall install effective dripline protection around all vegetation preservation areas, and shall further install tree wells, retaining walls, construction fencing, or other structures necessary to protect individual trees designated for preservation. The protective measures shall be specified on the vegetation management plan and shall be designed and installed in a manner consistent with good horticultural practices and subject to the approval of the site plan approving agent.

      (2)   If vegetation is not listed for removal on the tree removal permit but is destroyed or receives major damage due to construction activities, it must be replaced with vegetation sufficient to reach the required vegetation canopy, subject to review and approval of the Zoning Administrator.

      (3)   Trees conserved and planted to meet vegetation canopy requirements shall be actively protected during development activity and passively protected throughout their life in accordance with requirements for protected trees set forth below:

            1.   Vehicle or equipment traffic, parking, or storage, except as provided for in limited activities below;

            2.   Materials or supplies storage;

            3.   Placement of temporary or permanent structures;

            4.   Equipment maintenance or washout;

            5.   Wounding of trunk;

            6.   Wounding or breakage of scaffold limbs or branches greater than 6 inches in diameter; and

            7.   Fires; excessive heat from equipment exhaust pipes.

            1.   Site or lot clearing or grubbing;

            2.   Soil excavation;

            3.   Soil cuts;

            4.   Soil fill;

            5.   Grading;

            6.   Trenching;

            7.   Tilling;

            8.   Edging;

            9.   Soil compaction;

            10.   Top dressing with soil greater than 2 inches in depth; and

            11.   Paving.

      (1)   The Town Council may, by ordinance, designate any tree as a heritage, memorial, or designated specimen tree. A heritage tree means any tree which the Town Council has designated by ordinance to have notable historic or cultural interest. A memorial tree means any tree which the Town Council has designated by ordinance to be a special commemorating memorial. A designated specimen tree means any tree which the Town Council has designated by ordinance to be notable by virtue of its outstanding size and quality for its particular species. No designated tree shall be removed, damaged or disturbed in any way unless the Town Council finds that:

         (a)   There is an overriding need for public improvements;

         (b)   A severe hardship exists in developing a site; or

         (c)   The tree dies, becomes irreversibly diseased or irreversibly damaged by natural causes. In permitting such action, the Town Council may require that the tree be relocated on-site or to another site designated by the town, or be replaced with a similar tree or trees to approximate the canopy lost.

      (2)   The provisions of this section shall not apply to:

         (a)   Work conducted on federal, state, or local government owned property;

         (b)   Emergency work to protect life, limb or property; and

         (c)   Routine installation, maintenance and repair of utilities.

      (1)   It shall be a violation for any person to remove a tree without having first obtained a tree removal permit, if so required under the provisions of §§ 156.115 and 156.137 of the Town Code. It shall be a violation for a property owner to employ, authorize or direct any third person or entity to remove a tree without having first obtained a tree removal permit, if so required under the provisions of this section.

      (2)   A separate violation shall be deemed to have occurred for each tree removed without a tree removal permit in violation of the provisions of this section.

      (3)   Each violation of the tree removal permit requirements of this section shall subject the offender to a civil penalty in the amount of $1,000.

      (4)   Removal of a tree greater than 6 inches in diameter at breast height on any vacant, undeveloped parcel without the necessary permits and approvals as defined above in § 156.137(B), shall subject the offender to a civil penalty according to the following procedure.

         (a)   If the number and type of removed trees and/or vegetation can be determined, the civil penalty shall be assessed as follows:

            1.   Unauthorized removal of large trees as defined by the "Town of Duck Vegetation Planting Guidelines" shall subject the offender to a civil penalty in the amount of $400 per tree.

            2.   Unauthorized removal of small trees as defined by the "Town of Duck Vegetation Planting Guidelines" shall subject the offender to a civil penalty in the amount of $200 per tree.

            3.   Unauthorized removal of shrubs as defined by the "Town of Duck Vegetation Planting Guidelines" shall subject the offender to a civil penalty in the amount of $40 per shrub.

         (b)   If the number and type of removed trees and/or vegetation cannot be determined, a civil penalty can be determined based on the square footage of disturbed area and/or area of canopy coverage removed. The penalty shall be equal to $1 for every 1 square foot of canopy coverage removed. In no instance shall the civil penalty exceed $5,000.

      (5)   Unauthorized removal of trees and vegetation shall also subject the offender to mitigation requirements as specified herein.

         (a)   When dealing with violations of clear-cutting standards under § 156.137(B) or canopy coverage standards in § 156.137(G), the required canopy coverage of replacement trees shall be no less than the canopy coverage which has been determined to have been removed for the assessment of the required civil penalty. The mitigation requirements shall be calculated using the formula to determine canopy coverage as defined above in § 156.137(G). Replacement trees and vegetation, to the extent that it can be determined, shall of a similar type to that which has been removed.

         (b)   When dealing with tree removal violations of § 156.137(C), the diameter at breast height measurement of the trunk shall be used to determine the number of replacement trees. Trees of similar type must be planted such that the total caliper inches of trees planted is no less than the dbh of the tree(s) removed. In cases where the size of an individual tree(s) cannot be determined, the canopy coverage of replacement trees and vegetation shall be no less than the canopy coverage which has been determined to have been removed for the assessment of the required civil penalty.

         (c)   The size of such replacement trees at the time of installation shall be a minimum of 2 inches in caliper. Each tree must be planted at least 30 feet from any other tree.

      (6)   If in the determination of the Zoning Administrator, the site cannot reasonably accommodate the required numbers of replacement trees, then only the amount of trees which can be accommodated on the site will be replaced and the remainder of replacement trees and vegetation shall be mitigated through a payment in lieu of providing on-site trees. This payment shall be made to the Town of Duck to be used for tree and vegetation planting and maintenance in public spaces. The amount of the payment shall be in accordance with the costs for purchase, delivery, and planting of the required replacement trees and vegetation.

      (1)   Where provisions of this zoning chapter dictate conflicting landscaping or screening requirements, the more stringent requirements shall prevail.

      (2)   Except under the following conditions, no certificate of occupancy or other final approval shall be issued until the relocation or replacement of trees and/or vegetation, as required by the tree removal or vegetation management plan, has been completed and the final approval has been given by the Zoning Administrator. To address temporary adverse conditions during the current planting season, at any time prior to the issuance of the certificate of occupancy the property owner may request to defer installation of vegetation for a period not to exceed 90 days beyond the date of the certificate of occupancy. This request will be accompanied by the following:

         (a)   A cash deposit, an irrevocable letter of credit, or other financial surety shall be provided to the town to be held until the planting is completed. The amount shall be equal to $1 for every 1 square foot of canopy coverage required to be installed to satisfy the canopy coverage requirements as specified in the approved vegetation management plan.

         (b)   A signed memorandum of understanding between the property owner or authorized agent and the town specifying the timeframe for installation of all vegetation and the penalties for failing to abide by the terms of the agreement. This agreement shall also include terms for refunding the cash deposit upon verification of compliance with terms of the vegetation management plan or tree removal permit.

(Ord. 07-05, passed 6-6-2007; Am. Ord. 08-01, passed 3-5-2008; Am. Ord. 10-03, passed 3-3-2010; Am. Ord. 15-06, passed 6-3-2015; Am. Ord. 21-01, passed 6-2-2021; Am. Ord. 25-01, passed 5-7-2025) Penalty, see § 156.999

         (a)   Freestanding wind turbines shall be set back a distance of least 1.1 times the total height of the wind energy facility from:

            1.   The lot lines of the lot where the wind energy facility is located.

            2.   The first line of stable natural vegetation of the Atlantic Ocean beach. In no instance shall the wind energy facility be located within the small structure setback established by the North Carolina Coastal Area Management Authority (CAMA).

            3.   The normal water line of the Currituck Sound. In no instance shall the wind energy facility be located within 30 feet of the normal water line of the Currituck Sound.

         (b)   Roof-mounted wind turbines and other accessory components of wind energy facilities shall be required to adhere to the minimum yard requirements for principal structures established in each zoning district.

         (a)   The maximum audible sound resulting from all wind energy facilities located on the same lot shall be 55 decibels (dBA) or 5 decibels (dBA) above the existing ambient noise level, whichever is greater, measured at the closest adjacent property line. The maximum audible sound shall be the sound pressure level that is exceeded for more than 10% of the measurement duration. This standard shall not apply to short-term events such as utility outages and/or severe wind storms.

         (b)   When the town receives a complaint of noise generated from a wind energy facility, the town shall perform a preliminary test using a decibel meter to determine if the noise from the wind energy facility exceeds the established level for maximum audible sound as defined in this section. If the result of the preliminary test supports that the maximum audible sound level has been exceeded to a material extent, then the owner of the wind energy facility shall be required to perform a detailed acoustic sound measurement of the wind energy facility. This measurement shall be conducted in accordance with industry standards for performing acoustic testing of small wind energy facilities which may include, but shall not be limited to, the procedures set forth in the American Wind Energy Association Publication "AWEA Small Wind Turbine Performance and Safety Standard, Standard AWEA 9.1 - 2009."

         (c)   If the results of this measurement indicate that a violation exists and that the violation will persist without corrective action, then the owner shall discontinue use of the wind energy facility until appropriate measures can be taken to retrofit the structure or mitigate the noise at the affected property lines. If the noise from the wind energy facility cannot be brought into compliance with the noise requirements established by this section, the owner shall be required to decommission the wind energy facility.

      (1)   All wind energy facilities shall be designed and certified by a North Carolina licensed professional engineer that the wind energy facility meets the design requirements established by the current North Carolina State Building Code, including the ability to withstand the force exerted by a 130-mph, 3-second wind gust.

      (2)   If the lowest point of a rotor blade or other movable part is located closer than 12 feet to the ground, an adequate barrier shall be placed around the base of the wind turbine tower to prevent injury.

      (3)   The installation and design of all wind energy facilities shall comply with any applicable industry standards including standards for performance and safety as established by the American Wind Energy Association and the Small Wind Coordinating Council, and all electrical and mechanical components shall conform to relevant local, state and national codes.

      (4)   Wind energy facilities shall meet all applicable FAA regulations.

      (5)   All wind energy facilities shall be equipped with a disconnection means compliant with Article 705 of the National Electric Code.

      (1)   A wind energy facility that is out of service and not functioning shall be repaired by the owner or removed. If the town determines that a wind energy facility has not been operational for a continuous 90-day period, the Zoning Administrator shall give written notice by certified mail to the owner of the facility. The owner shall be given 45 days from receipt of the notice to respond in writing and provide information that explains the reason(s) that the system has been out-of-service and the corrective action that will be taken to put the system back in service. The response shall also include a timetable for completion of repairs.

      (2)   If the town determines that the corrective measures and/or the proposed time for repairs is unreasonable, the Zoning Administrator shall give written notice by certified mail to the owner or occupant of the property on which the wind energy facility is located to remove the system within 90 days of receipt of the notice. The owner or occupant of the property on which the facility is located shall be solely responsible for safe removal of the facility, and all costs to remove the facility shall be borne solely by such owner or occupant.

      (3)   Upon failure to comply with a notice of removal within the time specified, the town shall cause removal of the wind energy facility, and any expense incurred shall be paid by the owner of the property upon which the wind energy facility was erected or maintained.

      (1)   No person shall erect any wind energy facility without first obtaining a permit from the Department of Community Development in accordance with the procedures set forth in this section.

      (2)   All permit applications for wind energy facilities shall include the following:

         (a)   Site plan depicting the proposed location of all components of the wind energy facility as well as existing structures located on the subject property with dimensions showing compliance with minimum yard requirements;

         (b)   Construction drawings of the wind energy facility depicting the design of the turbine structure, tower, base and footings, sealed by a licensed North Carolina Professional Engineer certifying that the drawings conform to all structural requirements established by law;

         (c)   Wind energy facility specifications including the total rated capacity;

         (d)   Measurements of ambient noise conditions of the subject property taken during daytime and nighttime hours as well as the maximum sound pressure levels from the proposed wind energy facility;

         (e)   Construction plan;

         (f)   Operation and maintenance plans and specifications;

         (g)   Shutdown procedures;

         (h)   Evidence of at least $500,000 of general liability insurance coverage;

         (i)   Any county, state and federal permits required by law or regulation; and

         (j)   Other relevant information as may be reasonably requested to ensure compliance with the requirements of this section.

(Ord. 10-06, passed 5-5-2010; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 21-01, passed 6-2-2021)

(Ord. 10-10, passed 1-5-2011; Am. Ord. 21-01, passed 6-2-2021)

      (1)   An accessory dwelling unit can only be located on a property containing one single-family detached residence. The property may contain other accessory structures and uses as permitted in this section.

      (2)   Only one accessory dwelling unit is permitted on a lot.

      (3)   Building code. An accessory dwelling unit must be properly permitted, inspected, and comply with all applicable standards of the N.C. Building Code.

      (1)   An accessory dwelling unit will count toward the maximum size of residential development and septic capacity permitted for a property. The development of a property cannot exceed the maximum standards for the size of residential development and septic capacity outlined in § 156.126.

         (a)   A detached accessory dwelling unit or addition to the principal dwelling accommodating an accessory dwelling unit cannot be larger than 800 square feet of heated space.

         (b)   An attached accessory dwelling unit cannot be larger than the square footage of the principal dwelling footprint.

         (a)   If the establishment of an accessory dwelling unit increases the maximum occupancy permitted on the wastewater permit issued by the Dare County Health Department, then necessary improvements must be completed for the property to maintain compliance with minimum parking standards.

         (b)   Parking space(s) serving the accessory dwelling unit must have access unobstructed by parking spaces for principal dwelling unit.

(Ord. 16-07, passed 11-2-2016; Am. Ord. 18-08, passed 2-6-2019; Am. Ord. 21-01, passed 6-2-2021)