1.1.

Words used in the present tense include the future tense.

1.2.

Words used in the singular number include the plural, and the words used in the plural number include the singular.

1.3.

The word "person" includes a firm, association, organization, partnership, corporation, trust or company as well as an individual.

1.4.

The words "lot" includes the word "plot" or "parcel."

1.5.

The word "building" includes the word "structure."

1.6.

The word "shall" is always mandatory and not directory.

1.7.

The words "use" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."

1.8.

The word "may" is permissive.

1.9.

The word "town" shall mean the Town of Indian Beach.

1.10.

The words "Town Commissioners" shall mean the Indian Beach Town Commissioners.

1.11.

The words "Planning Board" shall mean the Indian Beach Planning Commission.

1.12.

Until such time as the planning board or board of adjustment is appointed the Town Board will act as both or either.

2.01.

Adult Establishment. An adult bookstore, adult motion picture theater, adult mini motion picture theater, adult live entertainment business, or massage business as each term is defined in North Carolina General Statute 14-202.10. (6/22/94)

2.1.

Building. Any structure enclosed and isolated by exterior walls constructed or used for a residence, business, industry or other public or private purposes, or accessory thereto, and including tents, trailers or mobile homes, free standing signs, and similar structures whether stationary or movable.

2.2.

Building Accessory. A building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith.

2.3.

Building, Principal. A building in which is conducted the main or principal use of the lot on which said building is situated.

2.4.

Building Height. The vertical distance from the mean elevation of the finish grade along the front of the building to the highest point of the flat roof, or to the deck line of the mansard roof, or to the mean height level between eave(s) and ridge for gable, hip and gambrel roofs.

2.4A.

Building Inspector. One or more individuals certified by the Code Officials Qualification Board as a Code Enforcement Officers to enforce all or part of the N.C. State Building Code and designated by the Town Manager or the Board of Commissioners to enforce the N.C. State Building Code in the town. Until and unless the Town directly engages persons to serve as building inspectors, Code Enforcement Officers employed by Carteret County and assigned to the Town per agreement between the Town and the county are each designated "building inspector" in this Appendix. Further, Code Enforcement Officers from other jurisdictions serving temporarily in town by agreement with the Town or county are each included in the definition of "building inspector" while enforcing the building code within the town.

2.5.

Building Setback Line. A line establishing the minimum allowable distance between the nearest portion of any building and the boundary line of the lot when measured perpendicularly thereto.

2.6.

Camp Park. Any site or tract of land upon which four (4) or more camping spaces are placed for recreation purposes regardless of whether or not a charge is made for accommodations and shall include any structure or structures intended for use as part of the equipment of such site or tract.

2.7.

Certificate of Compliance. A certificate issued by the Town of Indian Beach Building Inspector upon completion of the construction to indicate that the terms of this Ordinance have been complied with and met.

2.8.

Club or Lodge. An association of persons, who are bona fide members paying dues, which owns, hires or leases a building, or portion thereof: the use of such premises being restricted to members and their guests. The affairs and management of such "Club or Lodge" are conducted by a Board of Directors, Executive Committee or similar body chosen by the members. However, a Club or Lodge which meets the requirements of a Nightclub shall not be considered a Club or Lodge and, for purposes of zoning, will be deemed a Nightclub. (6/22/94)

2.9.

Condominium. Ownership of single units in a multi-unit structure with common areas and facilities in accordance with Chapters 47A or 47C of the North Carolina General Statutes.

2.9A.

Office. A building or portion of a building wherein services are performed involving predominately administrative, professional, or clerical operations.

Editor's note— [Definition added by Ord. of 8-13-1997.]

2.10.

Customary Home Occupations. Any use conducted entirely within a dwelling and carried on by the occupants thereof which use is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof, and in connection with which there is no display and no person not a resident of the premises is employed specifically in connection with the customary home occupation. Provided that no mechanical equipment is installed or used except such that is normally used for domestic or professional purposes, and that not over twenty-five (25%) percent of the total floor space of any structure is used for home occupations.

2.11.

Developer. Any person, firm, trust, partnership association or corporation engaged in the development or proposed development of any project herein.

2.12.

Dwelling. Any building structure or portion thereof, which is designed, arranged, or used for residential occupancy. The term "dwelling" shall not be deemed to include a motel, hotel or tourist home.

2.13.

Dwelling, Multi-Family. A building arranged or designed for occupancy by two or more families, with separate housekeeping and cooking facilities for each and constructed according to the provisions of the North Carolina State Building Code, Residential Code if for more than three dwellings, and, if for a duplex, constructed in accordance with the North Carolina Residential Code for One- and Two-Family Dwellings.

2.14.

Dwelling, Single-Family, Detached. An individual residential dwelling unit, other than a mobile home, designed for and occupied by one family only, and being completely detached from other dwellings, and constructed in accordance with the North Carolina Residential Code for One- and Two-Family Dwellings.

2.15.

Dwelling, Single-Family, Attached. Townhouses, row houses or group houses for single-family dwellings, other than mobile homes, having or sharing one or more common walls or other parts of the structure, and whose ownership may be divided into lots for individual sales. If there are three or more attached dwellings, they must be constructed in accordance with the North Carolina State Building Code, and for a duplex, constructed in accordance with the North Carolina Residential Code for One and Two Family Dwellings.

2.15.1.

Dwelling, Single Family, Detached Townhome. A single-family residential unit constructed in accordance with the NC Residential Building Code for One and Two-Family Dwellings with ownership of the land under the unit and nominal space around such unit being the same as the ownership of the unit.

Editor's note— [Definition added by Ord. of 10-11-2021 .]

2.16.

Enforcement Officer. The enforcement officer as the term is used herein with respect to matters involving state building codes, shall be the Building Inspector of the Town of Indian Beach, and for other land use matters, the Indian Beach Town Manager and, by designation of the Town Manager, the Building Inspector .

2.17.

Family. Any number of individuals living together in a single housekeeping unit.

2.18.

Group Housing. A series of one or more buildings designed for multi-family use in accordance with the provisions of this Ordinance.

2.19.

Group Housing Project. A project which proposes the construction and/or development of a tract of land and one or more buildings thereon for multi-family use, including but not limited to condominiums, townhouses, row houses, apartments and other forms of group housing.

2.20.

Group Housing Project Permit. A permit secured from the Town of Indian Beach Building Inspection Office to allow construction of a group housing project after approval has been granted for said project according to the procedures and terms set forth herein.

2.21.

Lot. A parcel of land occupied or to be occupied by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width and lot area as are required by this Ordinance, and having not less than the minimum required frontage upon a street, either shown on a plat of record, or considered as a unit of property, and described by metes and bounds.

2.22.

Lot Line. Any boundary line of a lot.

2.23.

Lot Depth. The mean horizontal distance between front and rear lot lines.

2.24.

Lot Width. The distance between side lot lines measured at the building line.

2.25.

Lot of Record. A lot which is a part of a subdivision recorded in the Office of the Register of Deeds for Carteret County, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

2.25.1.

Mixed Residential Unit Development. A group housing project that may contain a mix of condominiums, attached townhomes, detached townhomes and single family or duplex residences.

Editor's note— [Definition added by Ord. of 10-11-2021 .]

2.26.

Mobile Home. Any vehicle or similar portable structure constructed or designed for human occupancy and any porch, deck or other structure appurtenant thereto. The term "mobile home" shall include any camp car or house car. (6/22/94) The term also includes "manufactured home" as defined in G.S. 143-143.9, as said statute is amended from time to time.

2.27.

Mobile Home Park. Any site or tract of land upon which two (2) or more mobile homes are placed for residential purposes regardless of whether or not a charge is made for accommodation and shall include any structure or enclosure intended for use as part of the equipment of such site or tract.

2.27.1.

Nightclub. A place of entertainment open at any time during night time hours usually serving drinks, promoting dancing, and/or offering live or recorded music as part of the entertainment. However, a restaurant that prepares its meals on site and serves its patrons at tables, which also offers entertainment only while its night time food service is fully operational is not a nightclub. (6/14/95)

2.28.

Nonconforming Use. A structure or land lawfully occupied by an existing use which does not conform with the permitted uses for the zoning district in which it is situated either at the effective date of this Ordinance or as a result of subsequent amendments to the Ordinance.

2.29.

Obnoxious. Offensive; repugnant; of a hurtful influence. Contrary to established use.

2.30.

Open Space. A part or portion of the project area unoccupied and unobstructed from the ground upward except as otherwise provided herein.

2.31.

Park. An area maintained in its natural state as a public property.

2.32.

Parking Space. The storage space for one automobile of not less than eight (8) feet by eighteen (18) feet, plus the necessary access space.

2.33.

Project Area. That area of land which comprises the total perimeter area of the contemplated group housing project.

2.34.

Project Owner. Any person, firm, trust, partnership, association or corporation which has an ownership interest in any group housing project.

2.35.

Property Line. Any boundary line of a lot or parcel of real property.

2.36.

Residence. Any building, structure or portion thereof which is designed, arranged, or used for a residential occupancy, but shall not include a motel, hotel or tourist home.

2.37.

Setback line. The minimum horizontal distance between the front line of a building or structure and the front property line.

2.38.

Sewer, Public. A public, community, institutional or private sewerage system for the collection and treatment of sewage or other liquid wastes approved, constructed and operated in compliance with the rules and regulations of the Carteret County Health Department and/or the North Carolina Environmental Management Commission, the Commission for Health Services, and other state or federal agencies having regulatory authority over said system.

2.39.

Street. A right-of-way for vehicular traffic which affords means of access to abutting properties. As used herein "street" includes both private and publicly dedicated right-of-way.

2.40.

Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground.

2.41.

Variance. A modification of the terms and conditions of this Ordinance by the Indian Beach Board of Adjustment where the strict enforcement of this Ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is requested.

2.42.

Water System, Public. A public, community, institutional or private water system designed, constructed and operated to provide water to dwellings, buildings, and other structures and which is approved by the Carteret County Health Department, the North Carolina Environmental Management Commission, the Commission for Health Services and other state and federal agencies regulating the same.

2.43.

Yard. An open space on the same lot with a principal building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.

2.44.

Yard, Front. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street and the front line of the building, projected to the side lines of the lot.

2.45.

Yard, Rear. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building, projected to the side lines of the lot.

2.46.

Yard, Side. An open, unoccupied space on the same lot with a principal building, situated between the building and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

2.47.

Zoning Enforcement Officer. The Indian Beach Town Manager, and, by designation of the Town Manager, the Building Inspector.