Holden Beach City Zoning Code
ZONING DISTRICT
REGULATIONS
§ 157.055 APPLICATION OF DISTRICT REGULATIONS.
(A) Within the use districts indicated on the Zoning Map, no buildings or land shall be used, and no building shall be erected or altered which is intended or designed to be used in whole or in part, for any other purpose other than those listed in this subchapter. ('85 Code, § 15-5.2) (Ord. 93-5, passed 2-17-93)
(B) (1) The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
(a) No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(b) No building or other structure shall hereafter be erected or altered:
1. To exceed the height or bulk.
2. To accommodate or house a greater number of families.
3. To occupy a greater percentage of lot area.
4. To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required, or in any other manner be contrary to the provisions of this chapter.
(c) No part of a yard, or other open space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, or open space similarly required for any other building.
(d) No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(2) Regulations for each district shall be enforced and interpreted according to the following rules:
(a) Permitted uses. Uses are permitted by right.
(b) Special uses. Uses are permitted subject to the additional conditions imposed and approved by the Board of Adjustment. In granting a special use, the Board of Adjustment shall consider the following criteria:
1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
2. That the use meets all required conditions and specifications elsewhere stated;
3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity;
4. That the location and character of the use, if developed according to the plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the town plan of development;
5. Whether the proposal complies with the land use plan;
6. Whether additional limitations or restrictions are necessary in order to protect properties. Such restrictions may include: setback limitations, fencing and screening of structures, height restrictions, continued maintenance of the structure, restrictions on signage, aesthetic considerations; and
7. A review of a detailed site plan that must be submitted with any application for a special use.
(c) Accessory uses. Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. Accessory uses shall not involve the conduct of any business, trade, or industry except for home and professional occupations as defined herein. Structures used for accessory uses shall be of comparable color and material of the primary structure and shall be on the same lot of the primary use.
(d) Uses not specified. Uses not specified in this chapter may be permitted by the Board of Adjustment after the Planning and Zoning Board has made a review and written recommendation and provided that such uses are similar in character to the permitted uses in the district.
(e) Temporary uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Board of Adjustment, as provided for under § 157.150 of this chapter.
(f) Minimum regulations. Regulations set forth by this chapter shall be minimum regulations. If the district requirement's set forth in this chapter are at variance with the regulations of any other lawfully adopted rules, regulations, or other ordinance, the more restrictive or higher standard shall govern.
(g) Land covenants. Nothing in this chapter shall modify or repeal any deed restrictions but no such restrictions shall constitute a means for developing less than prescribed herein.
(‘85 Code, § 15-3.5) (Ord. 33, passed 10-5-81; Am. Ord. 02-12, passed 10-14-02; Am. Ord. 06-01, passed 1-9-06; Am. Ord. 21-10, passed 6-15-21) Penalty, see § 157.999
§ 157.056 CONSERVATION (C).
(A) The Conservation District is established as a district in which the principal use of land is the effective long-term management and protection of significant, limited, or irreplaceable areas. Management is needed due to the natural, cultural, recreational, scenic, or natural productive values of local, regional, state, and national concern. Areas included within this district are depicted on the Zoning Map and will include the following lands and waters: coastal wetlands, public trust waters, estuarine waters, ocean hazard and inlet hazard areas seaward of the first line of stable vegetation, and the Corps of Engineers A.I.W.W. right-of-way (excepting only those areas shown as Rural Special Use). Other large homogenous tracts of marshland within the town are also classified as Conservation. Because of map scale requirements all areas described herein as Conservation are not able to be shown on the Zoning Map.
(B) Development activities within the Conservation category AEC's described above must be consistent with the regulations (15A NCAC7H)governing development. Suitable uses would include piers, docks, and gazebos, but no permanent commercial structures or habitable dwellings of any type. Temporary bridges and landings to access spoil areas for the specific purpose of servicing soil areas provided CAMA and town requirements are met. A specific start and completion date, together with the establishment of operating hours, (completion is the return to the pre-service condition) is required. After such specific work is completed, the temporary facilities will be removed and the area restored to its pre-service condition.
(C) The intent of the Conservation class is to perpetuate the natural, productive, scenic, cultural, and recreational features of the coastal zone.
('85 Code, § 15-5.3) (Ord. 93-05, passed 2-17-93; Am. Ord. 02-03, passed 2-25-02)
§ 157.057
(A) The Conservation Conditional Zoning is established as a district in which the principal use of land, like the Conservation Zoning, is the effective long-term management and protection of significant, limited, or irreplaceable areas. Management is needed due to the natural, cultural, recreational, scenic, or natural productive values of local, regional, state, and national concern.
(B) Projects and activities may occur within Conservation Special Use classified areas consistent with the protection provided for by the regulations (Federal, State and Local).
(C) It is also the intent of the Conservation Special Use District to perpetuate the natural, productive, scenic, cultural, and recreational features of the coastal zone.
(D) (1) Activities within this zone may include the following:
(a) Marine and wetlands research;
(b) Environmental and ecological studies; and
(c) Educational and recreational programs related to the above.
(2) Such activity may require temporary or permanent structures or facilities.
(3) Any temporary use must be limited to no more than six months, with periodic renewal; upon completion, the lands will be restored to their original state.
(4) Permanent and temporary use will be consistent with divisions (A), (B) and (C) above.
(5) For any specific use of these lands, application must be made to the Planning and Zoning Board for review including, but not exclusive to, a prospective plan and procedures with facilities and resources to be employed. Upon review, the project will be forwarded to the Board of Commissioners for consideration and disposition.
('85 Code, § 15-5.4) (Ord. 93-05, passed 2-17-93; Am. Ord. 02-03, passed 2-25-02)
§ 157.058 RURAL DISTRICT (R).
(A) The Rural District is established as a district in which the principal use of land is for single-family dwellings. There will be a maximum of 2.5 units per acre based on that area not defined as coastal wetlands AEC and in accordance with State, Federal and local requirements.
(1) A dwelling is a residence where people live for domestic purposes. Domestic use is defined as devoted to home duties and activities, nothing in this section shall preclude one- and two-family homes from being used as a vacation rental home consisting of a minimum of two overnight stays.
(2) Transient occupancy not consisting of at least two overnight stays shall be considered to be inconsistent with domestic residential usage and is not allowed. This would include persistent usage for group gatherings for the purpose of short-term social or recreational activities. This would include use as a clubhouse, lodge, public or private clubs, cabana clubs and property owner association facilities except when contiguous, owned by and within the borders of an on-island residential subdivision.
(B) Permitted uses are set forth in the Table of Permitted Uses, § 157.054.
(C) Dimensional requirements R:
(1) Lot area. Minimum required: Each lot shall contain a minimum of 6,000 square feet.
(2) Lot width. In accordance with current subdivision regulations of the town.
(3) Front yard. In accordance with current subdivision regulations of the town.
(4) Side yard. In accordance with current subdivision regulations of the town.
(5) Rear yard. In accordance with current subdivision regulations of the town.
(6) Building height. No building shall exceed a maximum height of 31 feet measured from design flood elevation to the highest point of the structure, with the exception that a building in an X Zone when measured from the finished grade should have a maximum height of 35 feet.
(7) Lot coverage.
(a) Lot coverage of main structure shall not exceed 40% of the platted lot. All impervious structures outside of main structure shall not exceed 40% of buildable land plus area of the main structure. All Health Department and CAMA requirements must also be met. Open decks are not considered in the allowable coverage percentage of the main structure, but they must meet all setback requirements. Gravel, sand and grassed areas are considered pervious. An approved pervious product shall be allowed to cover any portion of the remaining 40% of allowed built- upon area. (See definition of APPROVED PERVIOUS PRODUCT.)
(b) Driveways, parking lots, parking spaces, parking areas, patios and other similar areas and surfaces located in the front yard setback, rear yard setback and side yard setbacks adjacent to a street right-of-way shall be gravel, grass or of an approved pervious product.
(‘85 Code, § 15-5.5) (Ord. 93-05, passed 2-17-93; Am. Ord. 95-04, passed 2-22-95; Am. Ord. 96-02, passed 5-20-96; Am. Ord. 98-06, passed 5-11-98; Am. Ord. 01-01, passed 1-22-01; Am. Ord. 01-08, passed 7-23-01; Am. Ord. 06-01, passed 1-9-06; Am. Ord. 06-07, passed 6-12-06; Am. Ord. 06-13, passed 11-14-06; Am. Ord. 07-05, passed 6-12-07; Am. Ord. 15-01, passed 1-13-15; Am. Ord. 23-12, passed 7-18-23) Penalty, see § 157.999
§ 157.059 RURAL CONDITIONAL ZONING (RS).
(A) Water Dependent Structures or uses, such as utility easements, docks (covered and uncovered), boatlifts, dolphins, boat ramps, dredging apparatus, bridge and approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, simple access channels and drainage ditches, are permitted provided all town requirements are met.
(B) The Rural Conditional Zoning is established as a district in which the use of land is the Corps of Engineers spoil activities.
(‘85 Code, § 15-5.6) (Ord. 93-05, passed 2-17-93; Am. Ord. 02-03, passed 10-14-02; Am. Ord. 21-10, passed 6-15-21)
§ 157.060 RESIDENTIAL DISTRICT (R-1).
(A) The R-1 Residential District is established as a district in which the principal use of land is for one- and two- family dwellings. The regulations of this district permit intensive development.
(1) A dwelling is a residence where people live for domestic purposes. DOMESTIC USE is defined as devoted to home duties and activities, nothing in this section shall preclude one- and two-family homes from being used as a vacation rental home consisting of a minimum of two overnight stays.
(2) Transient occupancy not consisting of at least two overnight stays shall be considered to be inconsistent with domestic residential usage and is not allowed. This would include persistent usage for group gatherings for the purpose of short-term social or recreational activities. This would include use as a clubhouse, lodge, public or private clubs, cabana clubs and property owner association facilities except when contiguous, owned by and within the borders of an on-island residential subdivision.
(B) Permitted uses are set forth in the Table of Permitted Uses, § 157.054.
(C) Parking requirements - see § 157.075(B)(1) and (2).
(D) Dimensional requirements R-1.
(1) Lot area. Minimum required:
(a) For a one- family dwelling, 5,000 square feet.
(b) For a two-family dwelling, 7,500 square feet.
(2) Lot width. Minimum required: 50 feet.
(3) Front yard setbacks per structure size.
Gross Floor Area
|
Minimum Required
|
<4,000 square feet | 25 feet |
4,000 - 5,000 square feet | 30 feet |
5,000 - 6,000 square feet | 35 feet |
(4) Side yard setbacks per structure size.
Gross Floor Area
|
Minimum Required
|
4,000 square feet | 5 feet |
4,000 - 5,000 square feet | 7 feet |
5,000 - 6,000 square feet | 10 feet |
(a) Open porches, decks, or overhangs shall not extend into minimum setbacks.
(5) Rear yard setbacks per structure size.
Gross Floor Area
|
Minimum Required
|
<4,000 square feet | 20 feet |
4,000 - 5,000 square feet | 25 feet |
5,000 - 6,000 square feet | 30 feet |
(6) Building height. No building shall exceed a maximum height of 31 feet measured from Design Flood Elevation to the highest point of the structure, with the exception that a building in an X Zone when measured from the finished grade should have a maximum height of 35 feet.
(7) Lot coverage.
(a) Lot coverage of main structure shall not exceed 30% of the platted lot. If a structure is 4,000 square feet, (gross floor area), or greater then lot coverage cannot be greater than 25%. If structure coverage is 5,000 square feet, (gross floor area), or greater lot coverage is limited to 20%. All impervious structures outside of main structure shall not exceed 30% of buildable land less area of the main structure. All Health Department and CAMA requirements must also be met. Open decks are not considered in the 30% lot coverage of the main structure, but they must meet all setback requirements. Gravel, sand and grassed areas are considered pervious. An approved pervious product shall be allowed to cover 30% of the platted lot in addition to the allowable impervious area. (See definition of APPROVED PERVIOUS PRODUCT.)
(b) Driveways, parking lots, parking spaces, parking areas, patios and other similar areas and surfaces located in the front yard setback, rear yard setback and side yard setbacks adjacent to a street right-of-way shall be gravel, grass or of an approved pervious product.
(c) Pools are prohibited within the front yard setbacks.
(9) Corner visibility. On a corner lot, nothing shall be erected, planted, or allowed to grow in such a manner as to impede vision over a height of three feet above the centerline grades of the intersecting streets within the triangular area bounded on two sides by the two street centerlines and on the third side by a straight line connecting points on the street centerlines located one-half the street right-of-way width plus 40 feet measured from the intersection of the centerlines.
(10) (a) Location of accessory buildings. Accessory buildings shall be located not less than five feet from property line.
(b) See § 157.024.
(11) Reserved.
(12) Maximum structure size of any dwelling shall be 6,000 square feet (gross floor area).
(13) Open uncovered stairs, not including any deck or landing at porch level, may project up to ten feet into the required front or rear yards of structures less than 4,000 square feet (gross floor area), but not both.
(14) A heating and air stand may project into the front or rear yards setback but not both. The stand shall be no larger than is needed to accommodate and service the equipment and subject to the Building Inspector’s approval.
(E) Erosion threatened ocean front lots.
(1) In the event that it becomes necessary to relocate a structure that has become threatened by erosion, per below, a Special Use Permit may be authorized to establish the front yard building setback at a distance no less than ten feet from the property line. However if the structure to be relocated can meet CAMA ocean side setback rules (per CAMA guidelines for new construction) and meet required setbacks then no further relief can be given. Each case will be reviewed on its own merits. The conditions specified by the Town Planning and Zoning Board in the granting of this Special Use Permit shall be recorded at the County Register of Deeds Office prior to the execution of this permit.
(2) The following criteria applies:
(a) The erosion escarpment must have advanced to a point within 20 feet of the foundation of the roofed area of the structure.
(b) No portion of the structure shall be permitted to encroach into the setback allowed by this section. Exceptions are — steps and HVAC platforms may encroach no more than five feet into the ten feet setback area.
(c) The structure shall remain on the lot it occupies at the time that it becomes erosion threatened.
(d) The size of the structure shall not be increased in any way, shape or form except as allowed by this section.
(e) The front (northern) property lines of lots subject to this section shall be contiguous with the southern boundary of a city, state or private street.
(f) All off street parking requirements shall remain in effect.
(g) Building placement on all lots (corner and non-corner) and required parking areas shall comply with the setback requirement of § 157.081 in order to ascertain that no encroachment into an area required for view of oncoming vehicular traffic shall occur.
(h) No ground level enclosure shall be permitted within the 25-foot front setback lines. A ground level enclosure shall not exceed 144 square feet per dwelling unit.
(i) This section shall not limit nor repeal any and all applicable local, state and federal statutes.
(‘85 Code, § 15-5.7) (Ord. 33, passed 10-5-81; Am. Ord. 93-20, passed 11-1-93; Am. Ord. 95-05, passed 2-22-95; Am. Ord. 96-02, passed 5-20-96; Am. Ord. 00-17, passed 7-10-99; Am. Ord. 01-01, passed 1-22-01; Am. Ord. 01-08, passed 7-23-01; Am. Ord. 02-12, passed 10-14-02; Am. Ord. 06-01, passed 1-9-06; Am. Ord. 06-07, passed 6-12-06; Am. Ord. 06-13, passed 11-14-06; Am. Ord. 07-05, passed 6-12-07; Am. Ord. 15-01, passed 1-13-15; Am. Ord. 20-04, passed 9-18-20; Am. Ord. 21-10, passed 6-15-21; Am. Ord. 21-24, passed 8-17-21; Am. Ord. 23-12, passed 7-18-23; Am. Ord. 24-10, passed 6-18-24) Penalty, see § 157.999
§ 157.061 RESIDENTIAL DISTRICT (R-2).
(A) The R-2 Residential District is established as a district in which the principal use of land is for multi-family dwellings.
(1) A dwelling is a residence where people live for domestic purposes. Domestic use is defined as devoted to home duties and activities, nothing in this section shall preclude one-, two- and multi-family homes from being used as a vacation rental home consisting of a minimum of two overnight stays.
(2) Transient occupancy not consisting of at least two overnight stays shall be considered to be inconsistent with domestic residential usage and is not allowed. This would include persistent usage for group gatherings for the purpose of short-term social or recreational activities. This would include use as a clubhouse, lodge, public or private clubs, cabana clubs and property owner association facilities except when contiguous, owned by and within the borders of an on-island residential subdivision.
(B) Permitted uses are set forth in the Table of Permitted Uses, § 157.054.
(C)
The following uses are special
uses and may be permitted subject to a finding by the Board of Adjustment that the additional conditions listed herein and any conditions that are set out in § 157.055(B)(2)(b) are met. Home professional office and home occupations, provided the use is conducted entirely within a dwelling and carried on by the occupants, the use is clearly incidental and secondary to the use of the dwelling for living purposes and the use does not change the character thereof. Furthermore, there is no display, no stock-in-trade nor commodity sold upon the premises and employment is in connection with the home occupation. Such occupation shall be carried on solely within the main dwelling and shall not occupy more than 25% of the floor area of the dwelling. Beauty parlors and barber shops shall not be construed as home occupations and are excluded from the definition of HOME OCCUPATION.
(D) Dimensional requirements for R-2.
(1) Lot area. Minimum required:
(a) For a one-family dwelling, 5,000 square feet.
(b) For a two-family dwelling, 7,500 square feet.
(c) For a multi-family dwelling, 7,500 square feet for first two-family dwelling units, plus 2,000 square feet for each additional family dwelling unit.
(2) Lot width. Minimum required: 50 feet.
(3) Front yard. Minimum required: 25 feet.
(4) Side yard. Minimum required: (one and two stories) five feet, including overhangs, steps and decks.
(5) Rear yard. Minimum required: 20 feet.
(6) Lot coverage.
(a) Lot coverage of main structure shall not exceed 40% of the platted lot. All impervious structures outside of main structure shall not exceed 40% of buildable land plus area of the main structure. All Health Department and CAMA requirements must also be met. Open decks are not considered in the allowable coverage percentage of the main structure, but they must meet all setback requirements. Gravel, sand and grassed areas are considered pervious. An approved pervious product shall be allowed to cover any portion of the remaining 40% of allowed built upon area. (See definition of APPROVED PERVIOUS PRODUCT.)
(b) Driveways, parking lots, parking spaces, parking areas, patios and other similar areas and surfaces located in the front yard setback, rear yard setback and side yard setbacks adjacent to a street right-of-way shall be gravel, grass or of an approved pervious product.
(c) Pools are prohibited within the front yard setbacks.
(8) Corner visibility. On a corner lot, nothing shall be erected, platted, or allowed to grow in such a manner as to impede vision over a height of three feet above the centerline grades of the intersecting streets within the triangular area bounded on two sides by the two street centerlines and on the third side by a straight line connecting points on the street centerlines located one-half the street right-of-way width plus 40 feet measured from the intersection of the centerlines.
(9) (a) Location of accessory buildings. Accessory buildings shall not be located less than five feet from property line.
(b) See § 157.024.
(10) Minimum floor space per dwelling unit. 750 square feet.
(11) Building height. No building shall exceed a maximum height of 31 feet measured from design flood elevation to the highest point of the structure.
(12) Open uncovered stairs, not including any deck or landing at porch level, may project up to ten feet into the required front or rear yards but not both.
(13) The minimum area of heated living space in each structure shall be 784 square feet.
(14) A heating and air stand may project into the front or rear yards setback, but not both. The stand shall be no larger than is needed to accommodate and service the equipment and subject to the Building Inspector’s approval.
(E) Erosion threatened ocean front lots.
(1) In the event that it becomes necessary to relocate a structure that has become threatened by erosion, per below, a Special Use Permit may be authorized to establish the front yard building setback at a distance no less than ten feet from the property line. However if the structure to be relocated can meet CAMA ocean side setback rules (per CAMA guidelines for new construction) and remain within the 25 foot street side setback then no further relief can be given. Each case will be reviewed on its own merits. The conditions specified by the Town Planning and Zoning Board in the granting of this Special Use Permit shall be recorded at the County Register of Deeds Office prior to the execution of this permit.
(2) The following criteria applies:
(a) The erosion escarpment must have advanced to a point within 20 feet of the foundation of the roofed area of the structure.
(b) No portion of the structure shall be permitted to encroach into the setback allowed by this section. Exceptions are — steps and HVAC platforms may encroach no more than five feet into the ten feet setback area.
(c) The structure shall remain on the lot it occupies at the time that it becomes erosion threatened.
(d) The size of the structure shall not be increased in any way, shape or form except as allowed by this section.
(e) The front (northern) property lines of lots subject to this section shall be contiguous with the southern boundary of a city, state or private street.
(f) All off street parking requirements shall remain in effect.
(g) Building placement on all lots (corner and non-corner) and required parking areas shall comply with the setback requirement of § 157.081 in order to ascertain that no encroachment into an area required for view of oncoming vehicular traffic shall occur.
(h) No ground level enclosure shall be permitted within the 25-foot front setback lines. A ground level enclosure shall not exceed over 144 square feet per dwelling unit.
(i) This section shall not limit nor repeal any and all applicable local, state and federal statutes.
(‘85 Code, § 15-5.8) (Ord. 33, passed 10-5-81; Am. Ord. 95-04, passed 2-22-95; Am. Ord. 95-05, passed 2-22-95; Am. Ord. 96-02, passed 5-20-96; Am. Ord. 00-17, passed 7-10-99; Am. Ord. 01-01, passed 1-22-01; Am. Ord. 01-08, passed 7- 23-01; Am. Ord. 02-12, passed 10-14-02; Am. Ord. 06-01, passed 1-9-06; Am. Ord. 06-07, passed 6- 12-06; Am. Ord. 06-13, passed 11- 15-06; Am. Ord. 07-05, passed 6-12-07; Am. Ord. 15-01, passed 1-13-15; Am. Ord. 21-10, passed 6-15-21; Am. Ord. 21-24, passed 8-17-21; Am. Ord. 23-12, passed 7-18-23; Am. Ord. 24-10, passed 6-18-24) Penalty, see § 157.999
§ 157.062 COMMERCIAL DISTRICT (C-1).
(A) The Commercial District is established as the district in which a variety of sales and service facilities may be provided to the general public. The specific intent is to encourage the construction of and the continued use of land and buildings for commercial and service uses that are compatible with the family beach character of Holden Beach and serve to enhance the services available to residents and visitors. All commercial activities shall be conducted from a permanent structure, shall comply with the town's noise ordinance, and meet or exceed the parking requirements of this chapter.
(B) Refer to the Table of Permitted Uses, § 157.054, for permitted uses in this district.
(C) Dimensional requirements C-1.
(1) Front yard. Minimum required: 25 feet.
(2) Side yard. Minimum required: five feet. Open porches, steps, or overhangs shall not be within five feet of the property line.
(3) Rear yard. Minimum required: five feet, except that if a commercial use abuts a residential district there shall be a rear yard of 20 feet.
(5) All signs and billboards must meet the requirements set forth in § 157.079 of this chapter.
(6) Building height. No building shall exceed a maximum height of 31 feet measured from design flood elevation to the highest point of the structure.
(7) Lot coverage. Driveways, parking lots, parking spaces, parking areas, patios and other similar areas and surfaces located outside of the building footprint shall be gravel, grass or of an approved pervious product.
(D) Screening shall be required to conceal from public view HVAC equipment, utility equipment, accessory structures, and other accessory facilities accessory to a commercial use.
(E) Solid waste disposal containers to be screened. Screening for solid waste disposal (dumpsters) shall be of comparable material and color as the structure they are accessory to. The height of the screen shall be equal to or greater than the height of the container being screened. The width shall be sufficient to permit two feet clearance between the receptacle and the screen to facilitate cleaning and maintenance. A concrete pad with drain to sanitary sewer or a dry well is required by the NC State Board of Health. The opening shall have a gate or slide that can be held in place while being serviced. All other refuse containers, such as cans or bins, shall be adequately screened from the view of adjacent properties or the street right-of-way.
(F) Outside material storage. Outside storage shall be within a fully enclosed accessory structure or shall be screened from view of all adjacent properties and the street right-of-way by a perpetually maintained vegetative buffer or fence of comparable material and color that matches the primary structure. Only material, goods, wares, etc. that are incidental to that business are permitted to be stored.
(G) Outside display of items for sale. The display of any goods, material, or items for sale may be displayed outside of a business so long as they are contained or secured to prevent blowing off site, and are not encroaching upon the required pedestrian way or reduce the required number of parking spaces established by this chapter. All displays shall be of the same product line sold by the occupant in the primary use of the lot.
(H) Sidewalks required. It is the intent of the town to require safe pedestrian access along all commercial properties. If the developer of commercial property does not install sidewalks at the time the property is developed, the town reserves the right and the property owner shall agree to pay an assessment sufficient to construct public sidewalks along the street adjacent to the development at a later date.
(I) Landscaping required. All commercial structures shall have landscaping installed, by the property owner, to soften the impact of the bare walls to adjacent properties and the streets.
(J) Clubhouses. Clubhouses shall provide the following:
(1) Post the Town of Holden Beach adopted beach regulations within the clubhouse facility;
(2) Provide restroom facilities for their guests;
(3) Provide showers for their guests;
(4) Provide a first aid kit;
(5) Provide phone for 911 use;
(6) Provide adequate trash containers to prevent litter;
('85 Code, § 15-5.9) (Ord. 33, passed 10-5-81; Am. Ord. 17-87 passed 9-14-87; Am. Ord. 93-05, passed 2-17-93; Am. Ord. 95-05, passed 2-22-95; Am. Ord. 01-08, passed 7-23-01; Am. Ord. 02-12, passed 10-14-02; Am. Ord. 06-01, passed 1-9-06; Am. Ord. 06-13, passed 11-14-06; Am. Ord. 06-14, passed 11-14-06; Am. Ord. 15-01, passed 1-13-15) Penalty, see § 157.999
§ 157.063 GOVERNMENTAL SERVICE PERMITTED IN ALL DISTRICTS.
(A) Uses in conjunction with the provision of municipal and other governmental-related facilities, services and activities are permitted in all zoning districts in the town. The town will ensure that municipal operations and facilities will be screened from the view of adjacent properties and public streets if they are determined to be deleterious to the character of those adjacent properties.
(B) The following customary uses are generally considered government services uses:
(1) Municipal/governmental office buildings and accessory structures.
(2) Material and equipment maintenance and storage buildings.
(3) Emergency operations facilities and activities, including electric power generation.
(4) Police, fire and emergency rescue facilities.
(5) Material storage yards.
(6) Above ground petroleum/oils/ lubrication storage/distribution facilities.
(7) Electronic communications antennas, which shall have no limitations as to height.
(8) Memorials, parks and public recreational facilities.
(9) Telephone/electric power distribution substations.
(10) Water and sewer pumping/treatment/ distribution facilities, which shall have no limitations as to height.
(11) Public parking lots.
(12) Municipal/governmental service training facilities.
(13) Stormwater management structures.
(14) Artificial fences and retaining walls.
(15) Material recycling centers/facilities.
(16) Automated teller/cash distribution facilities/telephone units.
(17) Any other facility/activity/material consistent with municipal and/or governmental operations.
(Ord. 00-18, passed 7-24-00; Am. Ord. 06-01, passed 1-9-06)
§ 157.064 SPECIAL ENTERTAINMENT USES - VIDEO GAMING MACHINES.
(A) Authority. The provisions of these regulations are adopted by the Board of Commissioners of the Town of Holden Beach, after review by the Planning Board and after public hearing as required by statute. From and after the effective date set forth hereinafter, these regulations shall apply to every building, lot, tract, or parcel of land within the corporate limits of the town and within its satellite or extraterritorial area as same is controlled by the town's zoning ordinance.
(B) Statement of purpose. The Town of Holden Beach is primarily residential in character. There is limited commercial development on the Island, and said development has been established to serve and meet the needs of the beach’s visitors and year-round residents. The nature and character of the town and its beach has been that of a family beach, intended to encourage families to come to the beach. Future development is encouraged to maintain this approach, and the Land Use Plan, adopted by the town, encourages low key development. The property values at Holden Beach have steadily increased and the Board is of the opinion that maintaining control over the development of the Island to maintain the present development standards and family values has positively affected the property values within the jurisdiction of the Town of Holden Beach. It is the intent of the Board of Commissioners to create an atmosphere where anyone and their child, grandchild, or young person could move freely within the town.
(C) Definitions. For the purpose of these regulations, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
VIDEO GAMING MACHINES.
A video machine which requires deposit of any coin, token, or use of any credit card, debit card, or any other method that requires payment to activate play of any of the games listed in this subsection. This shall include slot machines and other forms of electrical, mechanical or computer games such as:
(1) A video poker game; or any other kind of video playing game.
(2) A video bingo game.
(3) A video craps game.
(4) A video keno game.
(5) A video lotto game.
(6) Eight liner.
(7) Pot of gold.
(8) Any video game based on or involving the random or chance matching of different pictures, words, numbers or symbols not dependent on the skill or dexterity of the player.
(D) Application of regulations. Video gaming machines shall be regulated as to location in the following manner in addition to any other requirements of this code:
(1) No video gaming machines shall be permitted in any building that is:
(a) Located within 1,500 feet in any direction from a building used as a dwelling;
(b) Located within 1,500 feet in any direction from a building in which a video gaming machine is located;
(c) Located within 1,500 feet in any direction from a building used as a church, synagogue or other house of worship or cemeteries;
(d) Located within 1,500 feet in any direction from a building used as a public school, state licensed day care center, nursing home facility or public library;
(e) Located within 1,500 feet in any direction from any lot or parcel on which a public playground, public swimming pool, public park or museum is located;
(f) Located with 1,500 feet of any publicly owned or operated facility.
(g) When computing distances, the entire property for the establishment shall be considered, including any parking lots.
(2) Video gaming machines shall be located only in a C-1 Zoning District and shall be established by Special Use approval of the Board of Adjustment.
(3) No signs advertising video gaming are permitted.
(4) No more than three video gaming machines shall be in the same building, structure or located on the same lot.
(5) All minimum requirements of the C-1 Zoning District shall be met.
(E) Non-conforming video gaming machines. Any video gaming machines lawfully operating as of the effective date of this section that is in violation of any provision of this section shall be deemed a non-conforming use. Any use which is determined to be non-conforming by application of the provisions of this section shall be permitted to continue for a period not to exceed one year. Such non-conforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. If a non-conforming use is discontinued for a period of 180 days or more it may not be reestablished. Any video gaming machine currently in lawful operation shall not be rendered non-conforming by the subsequent location of a dwelling, church, house of worship, day care center, school, playground, public swimming pool, public park, museum or nursing home facility.
(Ord. 00-24, passed 12-11-00; Am. Ord. 13-07, passed 10-8-13; Am. Ord. 21-10, passed 6-15-21)
§ 157.065 PUBLIC UTILITY INFRASTRUCTURE.
(A) In the interest of being able to provide required public works and utility services throughout the town limits, it is necessary that associated public utility structures and apparatus be located as required by engineering design and public need.
(B) The following are special uses and may be permitted in all zoning districts, subject to a finding of the Board of Adjustment that all below listed conditions have been met.
(1) Water, sewer, telephone, cable television and electric power distribution lines may be located in all zoning districts according to a design and layout prepared by an engineer licensed to operate in the State of North Carolina. Lines shall, when possible, be located within existing street rights-of-way, other town-owned property or public easement areas to which the town has rights. In the event this is not possible due to design criteria, then additional public utility easement rights shall be obtained by the town, in which said lines shall be located. All line installation shall be conducted according to appropriate state and federal guidelines, depending upon the utility line in question. All necessary permits shall be obtained prior to installation. These facilities and associated apparatus will take into account the impact of the aesthetic value and practical use of property. All lines must be located underground.
(2) Water and sewage pumping stations with associated apparatus and public utility substations may be located in all zoning districts according to a design and layout prepared by an engineer licensed to operate in the State of North Carolina. Facilities shall be located on town-owned property or within public utility easement areas to which the town has rights. All construction shall be conducted according to appropriate state and federal guidelines, depending upon the facility in question. All necessary permits shall be obtained prior to construction.
(3) All utility structures, apparatus and stations shall meet the following regulations:
(a) Landscaping and elevation drawings of the structures and enclosures should be provided with the special use application.
(b) The structure or apparatus shall be appropriately enclosed and/or landscaped for safety or aesthetic reasons when deemed necessary. Structures or apparatus will present a visual image that is compatible with and similar to the character of the surrounding area. Fencing may be considered to the height of six feet to encompass the immediate footprint of all dangerous apparatus.
(c) No vehicles shall be parked on the structure premises except for those required for utility service or other town approved operation. No materials shall be permanently stored on the premises. However, materials necessary for repairs or servicing of the facility may be stored during the time in which repairs or services are in progress.
(d) The facility shall be used solely for its intended purpose. The facilities shall be secured when vacant.
(Ord. 01-01, passed 1-22-01)
(e) All screening or aesthetic landscaping shall he installed and implemented prior to any certificate of occupancy. That the landscaping, irrigation system or screening, once installed, shall be properly maintained. A plan shall be provided to the town for the maintenance of the approved plan denominating the corporation or partnership entity that shall be responsible for maintenance. That should the entity fail to maintain the improvements, the town shall have the authority either to sue to secure injunctive relief, or to enter the premises and perform the repair, charging the land with a lien for the work performed.
(Ord. 01-01, passed 1-22-01; Am. Ord. 02-12, passed 10-14-02; Am. Ord. 21-10, passed 6-15-21)