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Emerald Isle City Zoning Code

CHAPTER 5

- DENSITY, INTENSITY, AND DIMENSIONAL STANDARDS

5.1 - DENSITY-INTENSITY-DIMENSIONAL TABLE

Regulations related to permitted density and intensity of development, lot size and dimensions, and other regulations related to the permitted dimensions of development and land parcels are contained in Table 5.1. All development within the Town shall comply with all of the requirements in Table 5.1 and in Section 5.2, Additional Dimensional Standards. Within the zoning district designated as "Village-East" and the "Village-East Conditional Zoning Overlay"; Village-West" and the "Village-West Conditional Zoning Overlay"; and within "Marina Village" and "Marina Village Conditional Zoning Overlay", as shown on the Official Zoning District Map, the requirements in Table 5.1 and Section 5.2 shall apply unless those requirements have been modified by a condition of approval of the Village-East Conditional Zoning Overlay District, Village-West Conditional Zoning Overlay District, or Marina Village Conditional Zoning Overlay, in which case the latter shall supersede any inconsistent provisions in Table 5.1 and Section 5.2.

TABLE 5.1: TABLE OF DIMENSIONAL STANDARDS

Old Lot = Lot recorded on or before June 11, 1977

New Lot = Lot recorded after June 11, 1977

CAMA = Coastal Area Management Act of 1974, as amended

Dimensional StandardZoning Districts
Additional
Requirements

Residential Commercial Mixed Use
R2 RMF MH G B C VE, VW and MV
Minimum lot area (square feet) Single-family—Old lot 7,000 6,000 6,250
Single-family—New lot 12,500 12,500 12,500
Minimum lot area for multifamily residential use (square feet) First 2 units or duplex—Old lot 11,250 11,250 11,250
First 2 units or duplex—New lot 15,000 15,000 15,000 2,550
Each additional unit—Old lot 5,385 5,385 5,385
Each additional unit—New lot 4,760 4,760 4,760
Minimum lot area for a hotel/motel 1 acre 1 acre (Note 10)
Minimum lot width at front building line (feet) 75' 75' 75 ft. (60 ft. for lots recorded prior to 12/11/84) 60 ft. for single family detached
24 ft. for townhouse
60 ft. for mixed use
Minimum lot depth (feet) Ocean front lot 200' 200'
Manufactured home lot 100'
Minimum front building setback (feet) Front street ROW 30' 30' 30' 30'
(Note 4)
10'
(Note 4)
30' 10'
(Note 11)
(Note 11) (Note 12)
Side street ROW 20' 20' 20' 30'
(Note 4)
10'
(Note 4)
30' 10'
(Note 4)
(Note 4)
Through/double frontage lots (each frontage) 30' 30' 30' 40'
(Note 4)
10'
(Note 4)
30' 10' (Note 12) (Note 14)
Minimum side yard setback (feet) Old lot 10' 10' 10' 0
(Note 5)
0
(Note 5)
New lot 15' 15' 10'
Minimum rear yard setback (feet) 15' 15' 10' 0
(Note 5)
0
(Note 5)
15' 10' Per CAMA
Maximum building height (feet) Flat/low slope roofs (<4:12) 35' 35' 35' 40'
(Note 8)
40' 40' 40'
(Note 8)
(Note 9)
(Note 6)
High slope roofs (≥4:12) 40' 40' 40' 40'
(Note 13)
40'
(Note 13)
40' 40'
(Note 13)
(Note 7) (Note 8)
(Note 9)
(Note 13)
All roofs 40' 40' (Note 8)
(Note 9)
40' 40 ft.
(Note 8)
(Note 9)
(Note 8)
(Note 9)
(Note 13)
Maximum allowable density (dwelling units per acre) 8 (Note 2)
(Note 3)
(Note 2)
(Note 3)
Maximum structure height for antenna, communication towers, water tanks and similar utility equipment (feet) 100' 100' 100' 100' 100' 100' 100'
Minimum distance between multifamily residential buildings (feet) 30' For each story over two an additional 10 ft. is required
Minimum natural/vegetated area (% of site) Natural area 35% 35% 35% 15%
Vegetated area 15% 15%

 

Notes:

1.

In the Camp district, the minimum parcel size per park shall be ten (10) acres. The Board of Commissioners may allow an addition to an existing park containing not less than two (2) acres if the proposed addition is contiguous to an existing park. The minimum area per camping space is one thousand (1,000) square feet.

2.

There shall be no residential density requirement in VE, VE-C, VW and VW-C districts provided all applicable regulations in Chapters 2, 3, 4, 5, 6, and 7 of the Unified Development Ordinance are met. The Town will require a minimum of one (1) ten (10) foot wide public access easement, new or existing, for each five hundred fifty (550) feet of frontage on both the Atlantic Ocean and Bogue Sound, and the access shall run in a north and south direction to afford access to the ocean or sound by the public from a street.

3.

There shall be no residential density requirement in the MV and MV-C districts provided all applicable regulations in Chapters 2, 3, 4, 5, 6, and 7 of the Unified Development Ordinance are met. The Town will require a minimum of one (1) ten (10) foot wide public access easement, new or existing, for each five hundred fifty (550) feet of frontage on both the Atlantic Ocean and Bogue Sound, and the access shall run in a north and south direction to afford access to the ocean or sound by the public from a street.

4.

In the C, MV and MV-C zoning districts, every building or property in these districts that has NC 58 (Emerald Drive) as an adjoining street shall also be set back an additional ten (10) feet from NC 58 (Emerald Drive) for each additional story over two (2) stories. In the B, G, VE, VW, VE-C and VW-C zoning districts, every building or property in these districts that has NC 58 (Emerald Drive) as an adjoining street shall have a five (5) feet set back if parking is located on the side or rear of the building and has a primary building entrance located along NC 58 (Emerald Drive). Carteret Craven Electric Membership Cooperative (CCEMC) and Bogue Banks Water Corporation (BBWC) may require additional setbacks.

5.

In the Business and Government zoning districts, when a side or rear lot line abuts a residentially zoned lot, there shall be a minimum yard of fifteen (15) feet for the first and second story of a commercial building and twenty (20) feet for all additional stories.

6.

The height of a flat roof is to be measured from the grade plane to the mean roof height. The height of a building with a low slope roof in the R2, RMF, MH and Eastern End Oceanfront Overlay Zoning Districts is to be measured from the grade plane to the mean roof height. Buildings with flat roofs and buildings with low slope roofs in the R2, RMF, MH and Eastern End Oceanfront Overlay Zoning Districts may have a roof parapet not exceeding 3 feet in height. Buildings with flat roofs and buildings with low slope roofs in the B, C, G, VE, VW and MV Zoning Districts may have a roof parapet not exceeding five (5) feet in height exclusive of elevator shafts, air conditioning and other necessary mechanical equipment, none of which shall exceed ten (10) additional feet in height, for a total of fifteen (15) feet. The additional fifteen (15) feet cannot be used for habitation.

7.

Height shall be measured from the grade plane to the mean roof height. The mean roof height is measured as the average of the roof eave height and the height to the highest point on the roof surface, except that eave height shall be used for roof angles of less than or equal to ten (10) degrees.

8.

Commercial buildings or mixed use structures with a roof pitch of 3/12 or less shall have a maximum wall height of forty (40) feet measured from the lowest finish grade level immediately adjacent to the building or pilings to the exterior wall load-bearing top plate, with a maximum of five-foot roof top parapet exclusive of elevator shafts, air conditioning and other necessary mechanical equipment, none of which shall exceed ten (10) additional feet in height, for a total of fifteen (15) feet. The additional fifteen (15) feet cannot be used for habitation. Commercial buildings and mixed use structures with larger roof pitch shall have a maximum mean height of forty (40) feet and the mean roof height is determined from the lowest finish grade level immediately adjacent to the building foundation or pilings, to the mean roof height of the highest roof ridge.

9.

Maximum mean roof height is forty (40) feet for residential mixed use, commercial and non-residential structures. The mean roof height for residential, commercial and mixed use structures in the VE, VW, MV, VE-C, VW-C, and MV-C may not be increased by a condition of approval of a Conditional Zoning Overlay District. The roof pitch for dry stack boat storage structures in the MV and MV-C districts may be as low as five-tenths (.5) units vertical in twelve (12) units horizontal (.5:12), or greater. The roof height for dry stack boat storage structures with a roof pitch of .5:12 will be measured to eave height as if the structure were a low-slope roof building and the maximum allowable building height shall be fifty (50) feet. The facade and roof design for any dry stack structure shall also be required to meet the design criteria set forth in Section 6.1.3 of the UDO.

10.

For each motel/hotel, every bedroom constitutes an individual unit. Provided that, irrespective of the number of square feet per unit, no more than thirty-two (32) units per acre shall be permitted. In addition, a minimum of seventy-five (75) percent of the total number of allowable units shall be designated and constructed as one-bedroom "rooming units or lodging." This seventy-five (75) percent limitation shall apply to any existing motel/hotel being converted to a condominium hotel or condotel.

11.

Buildings may be set back further than the minimum setback requirement; however, in no case shall the deviation in the setback from an adjacent structure, or from the minimum setback requirement, exceed five (5) feet.

12.

All properties in the Eastern End Oceanfront Overlay District have a front yard setback of twenty (20) feet. All other setbacks and dimensional requirements are as per the underlying R2 Zoning District.

13.

The mean roof height for commercial and mixed use structures in the B, G, VE, VW, MV, VE-C, VW-C and MV-C Zoning Districts may be increased to a height of fifty (50) feet after the issuance of a special use permit from the Board of Commissioners and pursuant to the requirements set forth in Table 4.1.2 and Section 4.2.11 of this Ordinance. All roofs must be high slope roofs with a pitch of four (4) units vertical in twelve (12) units horizontal (4:12) or greater and the mean roof height is determined from the lowest finished grade immediately adjacent to the building foundation or pilings, to the mean roof height of the highest roof ridge.

14.

All properties in the Reed Drive Overlay District have a 30 feet setback from the Reed Drive property line, however, the setback the NC 58 property line may be fifteen (15) feet. All other setbacks and dimensional requirements are as per the underlying zoning district.

15.

The outermost three (3) feet of any uncovered porches, steps, eaves/overhangs, gutters, elevator shafts, residential utility structures (mechanical units, electrical generators, above-ground gas tanks, etc.) and similar fixtures not containing enclosed livable space may extend past the building setback line. All structures other than ground-level driveways and walkways shall be required to be set back so as to meet the required front, side, and rear setback requirements with regard to the property lines.

(Ord. of 3-12-24(2))