The following base and overlay zoning districts are hereby established:

TABLE 3.1.1: ZONING DISTRICTS ESTABLISHED

Lands within the Town shall be classified into one (1) of the base zoning districts established in Section 3.1.1, Base and Overlay Zoning Districts Established, and may also be classified into also one (1) or more of the overlay districts set forth in Section 3.1.1. Where land is classified into an overlay district as well as a base zoning district, the standards governing development in the overlay district shall apply in addition to the standards governing development in the underlying base zoning district. In the event of an express conflict between the standards governing a base zoning district and those governing an overlay district, the standards governing the overlay district shall control.

No land within the Town shall be developed except in accordance with the zoning district regulations of this Ordinance as applicable to the base zoning district and the overlay zoning districts (if any) in which the property is located.

(1)

Residential (R2)

Residential district allowing a single-family dwelling or a two-family dwelling on a lot.

(2)

Residential Multi-Family (RMF)

Residential district allowing a single-family dwelling, a two-family dwelling, or a multifamily dwelling on a lot.

(3)

Manufactured Home (MH)

Manufactured home district allowing manufactured homes on lots located outside of manufactured home parks.

(4)

Business (B)

Business district allowing a general and wide variety of retail and professional uses. The district will also allow residential use that is supplemental to business uses, but is not intended solely for residential housing. Only business use is allowed on the ground level of a structure, while upper levels are allowed to have residential and/or business uses.

(5)

Camp (C)

Recreational district allowing travel trailers, campers and tents.

(6)

Government (G)

A district allowing a variety of governmental and public uses.

(7)

Village-East (VE)

A mixed use district consisting of residential, commercial, recreational, Institutional, and office land uses that may only be applied to the area designated as "Village-East" as identified in the Town's CAMA Land Use Plan.

(8)

Village-West (VW)

A mixed use district consisting of residential, commercial, recreational, Institutional, and office land uses that may only be applied to the area designated as "Village-West" as identified in the Town's CAMA Land Use Plan.

(9)

Marina Village (MV)

A mixed use district consisting of residential, commercial, recreational, Institutional, and office land uses that may only be applied to the area designated as "Marina Village" as identified in the Town's CAMA Land Use Plan.

(1)

Bogue Field AICUZ Overlay District

The purpose of the Bogue Field Air Installation compatible use zone (AICUZ) overlay district is to identify properties located within the accident potential zones and/or noise exposure levels for MCAS Auxiliary Landing Field Bogue as identified in the AICUZ Requirements Update Marine Corps Air Station Cherry Point, NC, dated December 18, 2001. The overlay district shall apply to any property located within this area as shown on the Official Zoning District Map. The following are supplemental requirements in addition to the requirements of the underlying zoning district:

(A)

Disclosure for All Property Transfers and Leases for Greater than Ninety (90) Days

Property owners located within the Bogue Field AICUZ overlay district are urged to disclose this fact prior to the transfer of the property or the execution of a lease for greater than ninety (90) days. The Town will make available for voluntary use a disclosure form that may be used for transfers or leases greater than ninety (90) days. Property owners may but are not required to use the disclosure form.

(B)

Subdivision Plats

All subdivision plats approved after October 12, 2004 (the effective date of this Section 3.2.1(9)(1)) for lots located within the Bogue Field AICUZ overlay district shall have designated on them those properties that are located within an APZ or noise contour.

(C)

Condominiums, Townhouses, and Group Housing Projects

All similar developments approved after October 12, 2004 within the Bogue Field AICUZ overlay district shall indicate in the declaration of unit ownership, bylaws, restrictions or covenants that the property is located within an accident potential zone and/or noise contour of the Bogue Field AICUZ.

(D)

Building Permits

No building permit shall be issued after the effective date of this section until the owner/applicant for any development within the Bogue Field AICUZ overlay district has signed the required disclosure form.

(2)

Village-East Conditional Zoning Overlay District (VE-C)

An overlay district that may overlay only those properties in the Village-East Zoning District.

(A)

The purpose of the Village-East Conditional Zoning Overlay District is to provide, to the best extent possible, for the opportunity for the creation of public amenities for parking, access and recreational purposes. Another purpose of the Village-East Conditional Zoning Overlay District is to provide for an overlay conditional zoning district in which the development and use of the property is subject to predetermined ordinance standards and the rules, regulations, and conditions imposed as part of the legislative decision creating the district and applying it to the particular property. This conditional zoning overlay district is available only for property within the Village-East Zoning District.

(B)

A conditional zoning district allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project in conjunction with the opportunity for the creation of public amenities for parking, access and recreational purposes. Some land uses are of such a nature or scale that they have significant impacts on both the immediately surrounding area and on the entire community, which cannot be predetermined and controlled by general district standards. There are also circumstances in which a general district designation allowing such a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property consistent with the objectives of these regulations, the adopted CAMA Land Use Plan, and adopted district and area plans. The review process established for the VE-C district provides for the accommodation of such uses by a reclassification of property into a conditional zoning district, subject to specific conditions, which ensure compatibility of the use with the use and enjoyment of neighboring properties. The conditional zoning overlay district also establishes project specific development standards to be applied in the overlay district.

(3)

Village-West Conditional Zoning Overlay District (VW-C)

An overlay district that may overlay only those properties in the Village-West Zoning District.

(A)

The purpose of the Village-West Conditional Zoning Overlay District is to provide, to the best extent possible, for the opportunity for the creation of public amenities for parking, access and recreational purposes. Another purpose of the Village-West Conditional Zoning Overlay District is to provide for an overlay conditional zoning district in which the development and use of the property is subject to predetermined ordinance standards and the rules, regulations, and conditions imposed as part of the legislative decision creating the district and applying it to the particular property. This conditional zoning overlay district is available only for property within the Village-West Zoning District.

(B)

A conditional zoning district allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project in conjunction with the opportunity for the creation of public amenities for parking, access and recreational purposes. Some land uses are of such a nature or scale that they have significant impacts on both the immediately surrounding area and on the entire community, which cannot be predetermined and controlled by general district standards. There are also circumstances in which a general district designation allowing such a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property consistent with the objectives of these regulations, the adopted CAMA Land Use Plan, and adopted district and area plans. The review process established for the VW-C district provides for the accommodation of such uses by a reclassification of property into a conditional zoning district, subject to specific conditions, which ensure compatibility of the use with the use and enjoyment of neighboring properties. The conditional zoning overlay district also establishes project specific development standards to be applied in the overlay district.

(4)

Marina Village Conditional Zoning Overlay District (MV-C)

An overlay district that may overlay only those properties in the Marina Village Zoning District.

(A)

The purpose of the Marina Village Conditional Zoning Overlay District is to provide, to the best extent possible, for the opportunity for the creation of public amenities for parking, access and recreational purposes. Another purpose of the Marina Village Conditional Zoning Overlay District is to provide for an overlay conditional zoning district in which the development and use of the property is subject to predetermined ordinance standards and the rules, regulations, and conditions imposed as part of the legislative decision creating the district and applying it to the particular property. This conditional zoning overlay district is available only for property within the Marina Village Zoning District.

(B)

A conditional zoning district allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project in conjunction with the opportunity for the creation of public amenities for parking, access and recreational purposes. Some land uses are of such a nature or scale that they have significant impacts on both the immediately surrounding area and on the entire community, which cannot be predetermined and controlled by general district standards. There are also circumstances in which a general district designation allowing such a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property consistent with the objectives of these regulations, the adopted CAMA Land Use Plan, and adopted district and area plans. The review process established for the MV-C district provides for the accommodation of such uses by a reclassification of property into a conditional zoning district, subject to specific conditions, which ensure compatibility of the use with the use and enjoyment of neighboring properties. The conditional zoning overlay district also establishes project specific development standards to be applied in the overlay district.

(5)

Eastern End Oceanfront Overlay District (EEO)

An overlay district that encompasses all of the oceanfront parcels located between 1st Street and Diann Drive.

(A)

The purpose of the Eastern End Oceanfront Overlay District is to provide, to the best extent possible, for the opportunity for development and redevelopment of properties that are consistent with the older established dwellings in the area. The Eastern End Oceanfront Overlay District only applies to oceanfront parcels between 1st Street and Diann Drive that are subject to the Static Vegetation Line and eligible for the Static Line Exception.

(B)

The permitted and special uses and all density, intensity, and dimensional standards within this overlay district are the same as the underlying zoning district, with the exception of a reduced front setback of 20 feet for structures within this overlay district.

(6)

Reed Drive Overlay District (RDO)

An overlay district that encompasses all of the parcels located between 8714 Reed Drive (PIN 538307771512000) and 8502 Reed Drive (PIN 538308987255000).

(A)

The purpose of the Reed Drive Overlay District is to provide, to the best extent possible, for the opportunity for reduced rear yard setbacks in this area that is impacted by the presence of a 200-foot wide right-of-way for NC 58.

(B)

The permitted and special uses within this overlay district are the same as those permitted in the underlying zoning district, except that the setback from the NC 58 property line may be fifteen (15) feet instead of the underlying district's thirty (30) feet setback.