1.1.

Within a General Business District (B-1), no lot, building or structure shall be used and no building structure shall be erected which is intended or designed for any other than one or more of the following specified purposes:

(a)

Automobile parking lots and structures.

(b)

Automobile sales and storage but not major repair work.

(c)

Automobile washing establishments.

(d)

Bait and tackle shops.

(e)

Bathing beaches and bath houses, upon approval of the County Health Department.

(f)

Boat docks.

(g)

Boat service areas.

(h)

Boat storage and boat construction yards excluding dry stack facilities. (6/22/94)

(i)

Boat repair facilities.

(j)

Boat sales establishments.

(k)

Bowling alleys.

(l)

Camp parks.

(m)

Municipal facilities.

(n)

Combined mobile home and camp parks.

(o)

Condominiums in accordance with Article VI.

(p)

Customary accessory uses and structures when located on the same lot as the main structure excluding, however, open storage.

(q)

Dairy bars.

(r)

Day care centers, baby sitting services, and similarly related businesses.

(s)

Fishing piers.

(t)

Food stores, retail only.

(u)

Gift shops.

(v)

Golf or baseball driving ranges, miniature golf courses and other similar recreational facilities.

(w)

Group housing projects in accordance with Article VI.

(x)

Ice pick-up stations.

(y)

Marine equipment stores.

(z)

Arts and crafts facilities, including temporary structures and tents that meet the building code, where arts or crafts are made or sold. If such use is in a temporary structure or tent, the structure or tent may remain on site a maximum of four consecutive months in any 12 month period.

(aa)

Marine oriented cabinet and metal shops.

(ab)

Motels, including motor hotels.

(ac)

Multi-family dwellings in accordance with Article VI.

(ad)

Marine oriented electronic repair shops.

(ae)

Mobile home parks.

(af)

Public utility distribution lines, transformer stations, transmission lines and towers, water tanks and towers and telephone exchanges, but not service or storage yard.

(ag)

Parks and picnic areas.

(ah)

Restaurants, including drive-in restaurants.

(ai)

Retail fish sales establishments.

(aj)

Service or filling stations provided that gasoline pumps or other appliances shall be located at least twelve (12) feet behind the property line, and all service, storage or similar activities connected with such use shall be conducted entirely within the premises.

(ak)

Skating rinks, permanent.

(al)

In door motion picture theaters (excluding drive-in and out door theaters). (6/22/94)

(am)

Detached single family residences constructed in accordance with the North Carolina State Building Code: Residential Code but only within mobile home parks, whether conforming or nonconforming, existing on the date of the adoption hereof subject to the following:

i.

Such residence must be built on an existing and recognized mobile home space.

ii.

Mobile home spaces may be combined to form one larger space for purposes of constructing a detached single family residence thereon.

iii.

The residence must meet all setbacks that are applicable for a mobile home on the space.

iv.

The Carteret County Health Department must approve a septic system or other sewage disposal system for the residence.

Editor's note— [This subsection was deleted 6-22-1994, then subsequently added by Ord. of 3-13-2019 , Pt. I.]

(an)

Incidental uses related to the convenient needs of the mobile home park, camp park, or combined mobile home park and camp park residents; provided, however, that said uses are clearly not intended for use by non-park residents.

(ao)

Signs as permitted in the "Sign Ordinance for the Town of Indian Beach" codified in the Land Use Ordinances. (6/22/94)

(ap)

Offices, professional businesses, and banks.

(aq)

Deleted. (6/22/94)

(ar)

Retail businesses.

(as)

Shopping centers.

(at)

Laundromats. (1/11/94)

(au)

Liquid propane gas refilling stations where the on site storage capacity does not exceed 1000 gallons. (1/11/94)

(av)

Public beach access facilities under the control of the Town of Indian Beach or any state or federal governmental agency and parking areas appurtenant thereto.

Editor's note— [Text of this subsection was amended by Ord. of 3-12-2003, § I.]

(aw)

Single Family Detached Townhomes, Single Family Homes, and Duplexes as part of a group housing project.

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

1.2.

Special uses, when approved by the Board of Adjustment pursuant to Article VIII, Section 6.2:

(a)

Adult Establishments that are:

(i)

In compliance with Article 26A of Chapter 14 of the North Carolina General Statutes (G.S. 14-202.10 et. seq.); and

(ii)

Not located within 1000 feet of any residence (including mobile homes, apartments, and residential condominiums), church, school, day care center, nursery school, or Camp Park.

(b)

Reserved.

Editor's note— [Deleted by Ord. of 7-10-1996.]

(c)

Dry stack boat storage facilities not exceeding 20 feet in height.

(d)

Marine oriented clubs (i.e. clubs for boating and water sports enthusiasts), however, if such use is also deemed a Night Club by the Board of Adjustment, all requirements of the Night Club special use provisions must be met.

(e)

Clubs and Lodges or places of public assembly including, but not limited to, auditoriums, dance halls, pool rooms, stadiums, amusement parks, armories, and similar places of public assembly; however, the Board of Adjustment shall only have authority to approve a special use under this subparagraph if such use will be located more than 1000 feet from any residence (including mobile homes, apartments, and residential condominiums), or Camp Park. However, "a place of public assembly" included in a Group Housing Project plan and intended primarily for the benefit of the occupants of the group housing project in which it is located is a permitted use.

Editor's note— [Language amended by Ord. of 7-10-1996.]

(f)

Tap-in to an existing sewage treatment facility after a finding by the Indian Beach Board of Commissioners:

(i)

That existing and approved sewage treatment facility exists as an accessory use of a permitted use;

(ii)

That all proper documents as regards easements and permits be submitted with the application, including approved State and County waste treatment permits;

(iii)

That evidence of ownership or right to use the existing facility be submitted. (6/22/94)

(g)

Nightclubs, subject to the following limitations in addition to the general standards for special uses under Article VIII, Section 6.2 of the Zoning Ordinance:

(i)

Nightclubs must be located more than 1,000 feet from any residence (including mobile homes, apartments, and residential condominiums), camp parks, or tracts within a PD zoning district that have been approved by the Town for either residential or group housing project development.

(ii)

No outdoor speakers in connection with a Nightclub will be permitted.

(iii)

Off street automobile parking and storage must be met to the same extent required of "places of public assembly" under Article IV, Subsection 2.8 (j).

However, a use of property within a group housing project meeting the definition of a Nightclub but intended primarily for the benefit of the occupants of the group housing project in which it is located, is a permitted use. (6/14/95)

1.3.

Dimensional Requirements. Within the General Business District (B-1), the dimensional requirements shall be as follows:

(a)

There shall be no lot area or lot width requirements for the General Business District (B-1).

(b)

Minimum required front yard: 25 feet

(c)

Minimum required side yard on each side of every principal building: 15 feet

(d)

Minimum required rear yard: 15 feet

(e)

Walkways, fences and parking facilities constructed by the Town or any state or federal government agency for public beach access purposes are not subject to any of the dimensional requirements or minimum side yard requirements of this Section.

Editor's note— [This subsection was added by Ord. of 3-12-2003, § II.]

1.4.

Upon any side or rear lot line which abuts a residential district, there shall be a densely planted buffer strip of at least ten (10) feet in height along the rear and/or side lot line abutting the residential properties. No such buffer shall, however, extend nearer to a street right-of-way line than the established building line of the adjoining residential lot.

1.5.

(a) Maximum height of any building: 100 feet

(b)

Any building with any floor 30 feet or more in height must have exterior fire escapes, or fireproof interior stairways if approved by the North Carolina Department of Insurance, extending from the ground to each floor at thirty (30) feet or above.

1.6.

Off-street parking and unloading space shall be provided as required in Article IV, Section 2.

1.7.

Off-street loading and unloading space shall be provided as required in Article IV, Section 2.

1.9.

Each mobile home stand shall be provided with screw plates (minimum size plate six (6) inches) with a four and one half (4½) foot shaft attached to the mobile home by means of a cable or appropriate metal strap of sufficient strength to secure the structure against uplift, sliding, rotation or overturning caused by wind pressure in excess of 35 mph which traverses the mobile home at the roof. Each plate shall be placed at least four (4) feet underground. Anchor assemblies shall be placed at each corner of the mobile home stand. Traverse straps, or cables, shall be installed not more than ten (10) feet apart along the length of the mobile home.

1.10.

If the mobile home stand is constructed of concrete, the building inspector may allow the mobile home to be anchored to the stand instead of being placed the required four (4) feet underground.

1.11.

Whenever an owner desires to place a mobile home in Indian Beach, he shall apply to the Building Inspector for an Individual Mobile Home Permit. Said permit shall state the name of the owner, his address, the proposed location of the mobile home, the size of the mobile home, the manufacturer of said mobile home and the age of same, the name of the park in which the mobile home is to be placed.

1.12.

If the Building Inspector finds that the owner will be in compliance with this Section when the mobile home is ready for occupancy he shall issue an individual mobile home permit which shall authorize the placement of said mobile home in this Town.

1.13.

Mobile homes which are not larger than 8 x 35 and are capable of being moved normally with a passenger automobile shall not be required to anchor or get a permit unless they are clearly intended to be placed in a permanent manner.

1A.1.

Authority. The provisions of this article are adopted under the authority granted by the General Assembly of North Carolina in G.S. 160A-381 et seq.

1A.2.

Jurisdiction. The regulations set forth in this article shall be applicable within the Town of Indian Beach.

1A.3.

[Applicability.] The provisions of this Section 1A shall apply to mobile home parks and mobile homes situate therein as well as mobile homes not in mobile home parks. All mobile homes placed on lots within the Town of Indian Beach must comply with other applicable ordinances of the Town as well as these regulations.

1A.4.

Definitions.

(a)

General. For the purpose of this ordinance certain words are defined and herein indicated. All words used in the present tense shall include the future tense; all words in the singular number shall include the plural number; and all words in the plural number shall include the singular number unless the natural construction of the wording indicates otherwise. The words "used for" shall include the meaning "designed for"; the word "structure" shall include the word "building"; and the word "lot" shall include the words "plot and tract." The word "shall" is mandatory.

(b)

Certificate of Compliance. A Certificate of compliance is a permit issued by the Building Inspector or his designated representative after final inspection of a mobile home park has been completed and the mobile home park is found by the officer to be in compliance with the terms of this article. A certificate of compliance shall also be issued by the Building Inspector or his designated representative after final inspection of any mobile home brought into the Town of Indian Beach or its extraterritorial jurisdiction after said Inspector has determined that said mobile home complies with all of these regulations as well as other applicable laws of the Town of Indian Beach.

(c)

Developer. Any person, firm, trust, partnership, association, or corporation engaged in development or proposed development of a mobile home park.

(d)

Enforcement Officer. Enforcement Officer shall be the Building Inspector of the Town of Indian Beach or his designated representative.

(e)

Lot. Any parcel, tract, or acreage of land (whether in single or joint ownership) used, intended to be used, or designed to be used as a mobile home park as defined in this article.

(f)

Mobile Home. A factory assembled, moveable dwelling, designed and constructed to be towed on its own chassis and to be used with or without a permanent foundation. A "mobile home" is a "manufactured home" as that term is defined in G.S. 143-143.9, as said statute is amended from time to time.

(g)

Mobile Home Park. A Mobile Home Park is any lot, parcel, or tract of land used, designed to be used, or intended to be used for the placement of more than two mobile homes. All mobile home parks established after the effective date of this article shall comply with the provisions of this article. This ordinance shall not apply to the placement of one or two mobile homes on any one lot, parcel, or tract of land; provided however that such placement of one or two mobile homes on any one lot, parcel, or tract of land shall comply with all applicable ordinances or regulations of the Town of Indian Beach.

(h)

Mobile Home Park Operation Certificate. A certificate issued upon completion of each mobile home park to the owner thereof by the Building Inspector if such park has been completed in conformity with the Town and State health regulations and the provisions of this ordinance.

(i)

Mobile Home Permit. A permit issued by the Building Inspector or his designated representative to the owner of a mobile home for the placement of said mobile home in a mobile home park or on an individual lot or tract of land, provided that said placement complies with the provisions of this article.

(j)

Mobile Home Space. A plot of land within a mobile home park used, designed to be used, or intended to be used for the placement of a single mobile home and consisting of a minimum of 5,000 square feet.

(k)

Mobile Home Park Construction Permit. A permit issued by the Building Inspector to a developer for construction of a mobile home park.

(l)

Mobile Home Stand. That portion of the mobile home space used, intended to be used, or designed to be used as the area occupied by the mobile home itself.

(m)

Owner. Any person, firm, trust, partnership, association, or corporation who has an ownership interest in any mobile home or mobile home park.

(n)

Park Application Permit Fee. A fee charged for the development of mobile home parks so as to provide for the proper inspection of such parks while they are being constructed and developed. The park permit fee shall be $10.00 per mobile home space in the mobile home park or such amount as shall be set by the Board of Commissioners of the Town of Indian Beach.

(o)

Planning Board. Planning Board shall mean the Planning Board of the Town of Indian Beach.

(p)

Sewage System, Public. Sewage collection systems serving three or more mobile homes. These systems involve the decomposition of liquid sewage and reduction of sewage solids by means of "package plant" such as filtration beds, large septic tanks or complex plants employing aerobic digestion and biological oxidation, etc., and these systems must be approved by the North Carolina Department of Environmental Management and the State Board of Health. Additionally, a public system operated by the Town of Indian Beach when established shall be a public system.

(q)

Sewage System, Private. Sewage collection systems serving one or two mobile homes and which are approved by the Carteret County Board of Health.

(r)

Structural Additions. Any porch, room, or structure which is attached to or used in connection with a mobile home.

(s)

Water System, Public. Water systems serving ten or more mobile homes. Plans and specifications for a public system must be approved by the Sanitary Engineering Division of the State Board of Health.

(t)

Water System, Private. Water supply systems serving two to nine mobile homes inclusive are regulated by the County Board of Health and the plans shall be approved by the County Health Department.

(u)

Town of Indian Beach shall include all area within municipal limits of said town as well.

1A.5.

Mobile home stands.

(a)

The area of a mobile home stand shall be improved to provide an adequate foundation for the placement and anchoring of the mobile home, thereby securing the structure against uplift, sliding, rotation and/or overturning.

(b)

Each mobile home stand shall be provided with screw plates (minimum size plate six (6) inches) with a four and one half (4½) foot shaft attached to the mobile home by means of a cable or appropriate metal strap of sufficient strength to secure the structure against uplift, sliding, rotation or overturning caused by wind pressure in excess of 35 mph which traverses the mobile home at the roof. Each plate shall be placed at least four (4) feet underground. Anchor assemblies shall be placed at each corner of the mobile home stand. Traverse straps, or cables, shall be installed not more than ten (10) feet apart along the length of the mobile home.

(c)

If the mobile home stand is constructed of concrete, the building inspector may allow the mobile home to be anchored to the stand instead of being placed the required four (4) feet underground.

1A.6.

Permit for placement of mobile home.

(a)

Whenever an owner desires to place a mobile home in Indian Beach, he shall apply to the Building Inspector for an Individual Mobile Home Permit. Said permit shall state:

i.

The name and address of the owner;

ii.

The proposed location of the mobile home;

iii.

The size of the mobile home;

iv.

The manufacturer of the mobile home;

v.

The year of manufacture of the mobile home;

vi.

The manufacturer's vehicle identification number for the mobile home;

vii.

The name of the park in which the mobile home is to be placed; and

viii.

The wind zone rating for the mobile home.

(b)

If the Building Inspector finds that the owner will be in compliance with this ordinance when the mobile home is ready for occupancy he shall issue an individual mobile home permit which shall authorize the placement of said mobile home in this Town.

(c)

Mobile homes which are not larger than 8 x 35 and are capable of being moved normally with a passenger automobile shall not be required to anchor or get a permit unless they are clearly intended to be placed in a permanent manner.

1A.7.

Application for mobile park permit.

(a)

No person shall construct a mobile home park or use any lot, tract, or parcel of land as a mobile home park, or place three or more mobile homes on a single lot, tract, or parcel of land, or make any additions to any existing mobile home park which either alters the number of sites for mobile homes within the park or affects the facilities required therein, until a mobile home park construction permit has been issued in accordance with this article. Any such construction or additions shall be made in accordance with the plans and specifications submitted with the application and as approved by the Town Board of Commissioners.

(b)

An application for a mobile home park construction permit shall be filed with the Planning Board at least two weeks prior to the regular meeting of the Planning Board. The application will be reviewed by the Planning Board, the Building Inspector, and appropriate local or state agencies having the authority to approve the water and sewage facilities in the mobile home park.

All applications for a mobile home park construction permit shall be accompanied by six prints of the park plan drawn by a registered engineer or registered surveyor and containing the information required by Section 1A.6.

The applicant shall also pay the mobile home park application fee at the time of submitting the application.

1A.8.

Contents of the park plan.

(a)

The park plan shall be drawn on a scale of not more than 100 feet to the inch. The following shall be shown on the plan:

(1)

Name of park;

(2)

Name and address of owner or developer with appropriate signatures;

(3)

Scale and north arrow;

(4)

Date of park plan;

(5)

Engineer's or surveyor's certificate and seal;

(6)

Sketch of vicinity map;

(7)

Dimensions and bearings of exterior property lines;

(8)

Map book and page number of property as recorded with the County Register of Deeds;

(9)

Land contours with vertical intervals of not more than two (2) feet;

(10)

Storm water drainage plan;

(11)

Roads and streets;

(12)

Mobile home spaces identified by space numbers and showing exact dimensions of such spaces;

(13)

Location and identification of all parking spaces within the park;

(14)

Method of surfacing roads;

(15)

Location of utility/storage accessory buildings;

(16)

Location of all existing structures;

(17)

Location and intensity of area lights;

(18)

Source of water and water distribution system;

(19)

Sanitary sewage. If a public sewage collection and disposal system is used, plans and specification approved by the N.C. Department of Environmental Management must be submitted prior to the Planning Board review of the park. If the park sewage system is not connected to a public collection system, the plan must show the location of septic tanks, layout of drain fields, the number of mobile homes connected to each septic tank and point on mobile home space where mobile home will be connected. If individual septic tanks are used, then the location of the tank, their drain fields, and the position of the mobile homes for each mobile home space must also be shown;

(20)

Calculations showing the maximum amount of ground covered by the mobile home stand and all nonpervious materials such as but not limited to concrete and asphalt paving.

(b)

A diagram shall be included showing a typical mobile home space. This shall include:

(1)

Location of mobile home;

(2)

Location of septic tank and drain field or point of connection to public system;

(3)

Parking spaces;

(4)

Setback requirements;

(5)

Refuse racks;

(6)

Accessory buildings;

(7)

Typical electrical service to each mobile home space;

(8)

Source of water;

(9)

Outside lights if applicable.

(c)

If a mobile home space does not comply with this typical diagram, all variations must be shown on the plat.

1A.9.

Review and approval of mobile home park.

(a)

Upon submission of mobile home park application to the Planning Board, the applicant shall submit duplicate copies of the proposed plans to the following agencies:

(1)

The appropriate state or local agency responsible for water and sewage disposal. This agency will review the mobile home park plans to determine whether they are in compliance with minimum health standards and regulations, including, but not limited to the following:

(i)

Source of water and water distribution system;

(ii)

Sanitary sewage systems;

(iii)

Surface drainage system;

(iv)

Adequate mobile home space size.

(2)

Building Inspector. The town Building Inspector or his designated representative shall review the mobile home park plans to determine whether they comply with the regulations of this Article as well as other applicable laws and regulations of the Town of Indian Beach and to determine if the electrical system complies with state, local, and national electrical codes.

(b)

After the above agencies and departments have reviewed the proposed mobile home park plans, they shall forward their comments and recommendations to the Planning Board. Each agency may also notify the developer concerning any comments on the proposed plan. The Planning Board shall consider all comments and recommendations made by the above agencies before ruling on the plan. The Planning Board shall make recommendations and will forward said recommendations to the Town Board for final action.

1A.10.

Issuance of a mobile home park construction permit.

(a)

If the Town Board approves the mobile home park plans, the Building Inspector shall be authorized to issue a mobile home park construction permit. The developer may then proceed with the construction of the mobile home park; provided however that said construction shall be in accordance with the mobile home park plans approved by the Town Board. The developer shall inform the Building Inspector by letter or by telephone upon completion of 25 percent of the park, 60 percent of the park and 100 percent of the park.

(b)

Upon completion of 100 percent of the mobile home park in accordance with the mobile home park plans approved by the Town Board, the Building Inspector may issue a certificate of compliance. Upon receipt of the certificate of compliance, the developer shall be permitted to rent, lease or otherwise use any spaces within the mobile home park until the certificate of compliance has been issued.

(c)

Any variances or deviations from the approved park plans must be submitted to the Planning Board for recommendations and must be approved by the Town Board before any deviations or alterations in construction may take place. The above includes the addition or deletion of any spaces in the mobile home park.

1A.11.

Operation of mobile home parks and placement of mobile homes in the Town of Indian Beach.

(a)

A mobile home permit must be issued for each mobile home placed within a mobile home park or within the Town of Indian Beach. Permit fees shall be determined by the Town Board by resolution.

(b)

A permit shall be required to remove any mobile home from any mobile home park or from any lot within the Town of Indian Beach. This permit shall be issued by the Town Clerk after the Town Clerk is satisfied that all Town taxes have been paid and that a similar permit has been issued by the Carteret County Tax Office. There shall be no cost for this permit.

(c)

The Building Inspector or his designated representative shall have the right to periodically inspect each mobile home park within the Town of Indian Beach. If it is determined by the Building Inspector that any mobile home park within the Town of Indian Beach fails to comply with the provisions of this article or is detrimental to public health, safety, or welfare; the Building Inspector shall contact the appropriate state or local agency having authority to review the problem. The Building Inspector shall notify the owner or operator of the alleged violation. The owner or operator shall be informed that corrective action must be accomplished within a reasonable period of time; said reasonable period of time not to exceed 30 days. If the mobile home park owner or operator fails to take the necessary corrective action within 30 days, the building inspector is authorized to revoke the mobile home park operation certificate in which event the mobile home park must be immediately closed and not reopened until compliance is made.

(d)

No owner shall place a mobile home in the Town of Indian Beach unless:

(1)

The mobile home has the certification label required by the U.S. Department of Housing and Urban Development; and

(2)

A valid mobile home permit has been issued in accordance with this article.

(e)

It shall be the duty of every mobile home park owner to comply with the general statutes of North Carolina regarding the providing of lists of occupants of mobile home parks to the Town Tax Collector on an annual basis.

(f)

Once a mobile home has been placed within the Town of Indian Beach and the mobile home is ready for occupancy, the owner shall notify the Building Inspector who shall make a final inspection of the mobile home. If the owner has complied with the requirements of this section, the Building Inspector shall issue a certificate of compliance which shall authorize the electrical inspector to approve electrical connections to the mobile home.

(g)

All operators of mobile home parks shall keep an accurate register containing a record of all mobile home owners in the mobile home park. This register shall be made available at all times for inspection by appropriate law enforcement officials, public health officials, and other officials whose duties necessitate acquisition of this information contained in the register.

1A.12.

Design standards and specifications for new mobile home parks.

(a)

Minimum park area: Not less than 1 acre.

(b)

Minimum yard setback for a mobile home space will be as follows:

(1)

Minimum front yard setback: 10 feet

(2)

Minimum side yard setback: 5 feet

(3)

Minimum rear yard setback: 5 feet

(c)

Each mobile home space must have a minimum of 5,000 square feet of land area.

(d)

The minimum yard setback lines shall be measured from the nearest portion of any mobile home, structural additions thereto, porch, patio, steps, or accessory or outbuildings located upon the mobile home space and the boundaries of said mobile home space.

(e)

The mobile home park shall comply with all front, rear and side setback requirements of the zone in which the park is located.

(f)

Driveways, access roads, parking:

(1)

Minimum interior street right-of-way: 22 feet.

(2)

Minimum parking spaces per mobile home: 2 parking spaces per mobile home space. Said parking spaces shall be at least 9 feet by 18 feet each.

(3)

All parking spaces shall be within the mobile home space for which the parking is provided.

(4)

Any accessory buildings or out buildings shall be located upon the mobile home space so as to not protrude past that portion of the mobile home which is nearest the public street or access street to said mobile home and shall not be located within that portion of the yard which would commonly be referred to as the front yard.

(g)

All mobile home parks and mobile homes located within mobile home parks must comply with the National Fire Code "Standard for Fire Safety Criteria for Mobile Home Installations, Sites, and Communities" (NFPA 501A).

(h)

The amount of land coverage of mobile homes, accessory buildings and nonpervious material such as but not limited to concrete and asphalt paving shall not exceed 40% of the total area of the mobile home park.

1A.13.

Water supply, sewerage, electricity, lighting, refuse collection, and drainage.

(a)

Each mobile home space within the mobile home park shall be connected to an approved water and sewer facility. Such connections and facilities shall be approved by the appropriate local or state agency as required.

(b)

All electrical wiring in a mobile home park shall be installed in accordance with the National Electrical Code in effect at the time of the installation and shall be approved only by the Building Inspector of the Town of Indian Beach. Electrical distribution lines shall be installed underground.

(c)

The point of electrical connection for a mobile home shall be within an area of the mobile home stand and approximately 40 feet from the front of the mobile home and approximately 4 feet from either side of the mobile home. Where other utilities and fixtures prevent the location of electrical connections as set out herein, then said electrical connections shall be made with due regard to uniformity, safety, and convenience. Adequate exterior lighting shall be provided for all streets.

(d)

Refuse collections will be made in accordance with the Town collection policies. All refuse containers shall be rodent and water proof and shall have a tight fitting lid. Mobile home parks shall be kept free of all trash, cans, jars, buckets, old tires, junk automobiles, and other items that may hold water and provide breeding places for mosquitoes and homes for rodents.

(e)

All mobile home parks shall provide an adequate storm drainage system to provide for proper runoff of storm water. At no time shall a drainage system be constructed so as to permit the freestanding of water; however this shall not prohibit dry ponds as a method of control of drain water if approved by the appropriate agency having jurisdiction.

1A.14.

Mobile home stands and anchors.

(a)

All mobile homes shall be secured to the ground in conformity with all state or town codes relating to wind or weather.

(b)

The mobile home space shall be improved so as to provide an adequate area for placement and anchoring of a mobile home; thereby securing the structure against uplift, sliding, rotating, and/or overturning during high winds. The mobile home may be placed upon a foundation constructed of concrete.

(c)

The anchors used to secure and tie down the mobile home shall be at four foot intervals with eight inch screws or such other size as subsequently required by applicable wind or building codes. All straps installed on mobile homes shall be secured to anchors as set out above.

1A.15.

Structural additions.

(a)

No structural additions may be added to a mobile home with a mobile home park until a building permit has been obtained from the Town of Indian Beach. All such structural additions shall comply and conform to the North Carolina Building Code.

(b)

All structural additions shall be removed within 30 days after the subject mobile home is moved, unless attached to another mobile home on the same site within that 30 day period.

1A.16.

Management. In each mobile home park, the permittee, duly authorized attendant, or caretaker shall be responsible at all times to keep the mobile home park and its facilities and equipment in a clean, orderly, safe, and sanitary condition.

1A.17.

Space numbering system. Upon the adoption of this Article, all approved mobile home parks shall institute a space numbering system that will correspond to the mobile home park plan as approved by the Town Board. Each mobile home space shall be numbered and such numbers shall be displayed in a visible manner so as to facilitate space location. Such individual numbers shall be posted on the mobile home, when homes are placed on spaces.

1A.18.

Compliance with North Carolina regulations. Any law of the State of North Carolina and/or regulation regarding mobile homes or mobile home parks, shall become additional requirements for compliance with this ordinance. In the event of a conflict between this ordinance and a provision of any state law or regulation pertaining to mobile homes, the more restrictive will apply unless a provision of this ordinance is more restrictive it is determined that the state law or regulation preempts such provision.

1A.19.

Amendments.

(a)

The provisions of this section may from time to time be amended, supplemented, changed, modified, or repealed by the Town Board.

(b)

Request for an amendment to this article shall first be submitted to the Planning Board. The Planning Board shall consider and make recommendations to the Town Board concerning each proposed amendment. If a recommendation is not forthcoming from the Planning Board within a 30 day period, the request shall be deemed to have been approved by the Planning Board.

(c)

The procedures and fees for an amendment shall be the same as set forth in the zoning regulations of the Town of Indian Beach relating to amendments to the zoning ordinance.

1A.20.

Appeal procedures. The Board of Adjustment shall hear and decide appeals from and review any order, requirements, decision, or determination made by the enforcement officer charged with the enforcement of this section. An appeal from the decision of the Board of Adjustment may be made to the Carteret County Superior Court if taken within 30 days from the date of the decision of the Board of Adjustment. All decisions of the Board of adjustment not appealed shall be final.

1A.21.

Underskirting of mobile homes. Any mobile home placed in the Town of Indian Beach after adoption of this ordinance shall have a corrosive-resistant skirt extending from the bottom of the mobile to the ground. Said skirt shall be provided with an access door measuring 18" x 24" or larger and properly ventilated according to the North Carolina Building Code.

1A.22.

Minimum requirements; violations.

(a)

The provisions of this section shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, and the general welfare of members of the public. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted regulations of the Town, the most restrictive or those imposing the higher standards shall govern.

(b)

No occupancy permit shall be issued while any violation of this ordinance exists.

(c)

Violators of this ordinance are subject to the penalties and enforcement actions provided in Chapter 1 of the Code of Ordinances.

1A.23.

Existing nonconforming mobile parks.

(a)

Continuation of Nonconforming Use. Any mobile home park which is made nonconforming as a result of this ordinance may continue as a nonconforming use as long as the mobile home park is not expanded or enlarged. An increase in either mobile home spaces or mobile home stands shall be considered an expansion or enlargement and will not be permitted in nonconforming mobile home parks.

(b)

Discontinued Use or Abandonment. If any nonconforming use is discontinued or abandoned for a period of 180 days, the land must thereafter be used in conformity with all existing ordinances within the Town of Indian Beach.

(c)

Replacement of Mobile Homes in Nonconforming Parks. Owners of mobile homes which are made nonconforming as a result of this ordinance or which are nonconforming because they are not allowed by the zoning district in which they are located and mobile homes located in mobile home parks which are made nonconforming as a result of this ordinance may, nevertheless, and notwithstanding the foregoing provisions relating to nonconforming uses, replace or move their mobile homes, provided that the mobile home as replaced or moved meets the following setback requirements:

(1)

Side to side setback - eight feet.

(2)

End to end set back - six feet.

(3)

End to side - six feet.

(4)

For mobile homes that are not either parallel or perpendicular to each other, mobile homes shall be at least five feet from each other at the closest point.

Setbacks will be measured from the exterior walls of mobile home bodies and not from porches, steps, decks, or other structures appurtenant thereto. Further, structural additions and outbuildings appurtenant to a mobile home are not subject to the above setback requirements.

Editor's note— [Subsection was amended by Ord. of 3-12-1997.]

Additionally, any mobile home destroyed as a result of fire, wind, flood, or other "acts of God" not the result of the negligence of the owner, may be replaced within six months of the destruction.

2.1.

This area shall be used only for civic and municipal purposes, including, but not limited to, the following: Fire and Rescue Departments, Hospitals, Municipal Buildings and Functions, or other civic or municipal uses; but specifically not to allow business or residential use of any sort except as incidental to one or more of the allowed uses. Additionally, signs are permitted according to Article XXII of the General Code of Ordinances for the Town of Indian Beach.

2.2.

Each project in this area shall be designed and judged upon its merits as it is proposed.

3.1.

Within a General Residential District (R-15), no lot, building, or structure shall be used and no building or structure shall be erected which is intended or designed for any other than one or more of the following specified purposes:

(a)

All uses permitted in an R-25, single-family residential dwellings only.

(b)

Nursery schools and kindergartens provided that at least one hundred (100) square feet of outdoor play area is provided for each child.

(c)

Customary accessory buildings or structures provided such shall be permitted only in a rear yard and shall not be less than five (5) feet from any property line, and further provided that in the case of corner lots such buildings or structures shall be set back at least thirty (30) feet from any side street right-of-way line.

(d)

Signs as permitted by Article XXII of the General Code of Ordinances for the Town of Indian Beach.

3.2.

Dimensional requirements. Within a General Residential District (R-15), the dimensional requirements shall be as follows:

(a)

Minimum required lot area: 15,000 square feet.

(b)

Minimum required mean or average width for dwellings: 80 feet.

(c)

Minimum required side yard on each side of every principal building: 8 feet.

(d)

Minimum required rear yard: 20 feet.

(e)

Minimum required front yard: 20 feet.

(f)

(i) Maximum height of any dwelling or building: 100 feet.

(ii)

Any building with any floor thirty (30) feet or more in height must have exterior fire escapes, or fireproof interior stairways if approved by the North Carolina Department of Insurance, extending from the ground to each floor at thirty (30) feet or above.

3.3.

Off-street parking requirements shall be provided in Article IV, Section 2 of this Ordinance.

4.1.

Within a Single-Family Residential District (R-25), no lot, building or structure shall be used and no building or structure shall be erected which is intended or designed for any other than one (1) or more of the following specified purposes:

(a)

Single-family dwellings.

(b)

Churches and cemeteries.

(c)

Public schools and private schools.

(d)

Fire stations and other public buildings.

(e)

Greenhouses and truck gardens which are incidental to the residential use and conducted on a non-profit basis only.

(f)

Grounds and facilities for recreational and community center buildings, country clubs, lakes, parks, and similar facilities operated on a non-profit basis.

(g)

Public utility distribution lines, transformer stations, transmission lines and towers, water tanks, but not service or storage yards.

(h)

Customary home occupations such as home cooking, and professional offices as defined in Article III, Section 2.6 of this Ordinance.

(i)

Recreational and educational purposes for children and adults, to be carried on in connection with and as a part of a camp for children or adults, operated as a business enterprise.

(j)

Customary accessory buildings or structures provided such shall be permitted only in a rear yard and shall not be less than ten (10) feet from any property line, and further, provided that in the case of corner lots such buildings or structures shall be set back at least thirty (30) feet from any side right-of-way.

(k)

Public beach access facilities under the control of the Town of Indian Beach or any state or federal governmental agency and parking areas appurtenant thereto.

Editor's note— [Subsection was added by Ord. of 3-12-2003, § I.]

4.2.

Signs: as permitted by Article XXII of the General Code of Ordinances for the Town of Indian Beach.

4.3.

Dimensional requirements. Within a Single-Family Residential District (R-25), the dimensional requirements shall be as follows:

(a)

Minimum required lot area per dwelling unit: 20,000 square feet.

(b)

Minimum required mean or average lot width: 100 feet.

(c)

Minimum required front yard: 40 feet.

(d)

Minimum required side yard on each side of every principal building: 15 feet.

Editor's note— [This subsection was amended by Ord. of 7-13-2005, § I.]

(e)

Minimum required rear yard: 25 feet.

(f)

(i) Maximum height of any building: 100 feet.

(ii)

Any building with any floor thirty (30) feet or more in height must have exterior fire escapes, or fireproof interior stairways if approved by the North Carolina Department of Insurance, extending from the ground to each floor at thirty (30) feet or above.

(g)

Off-street parking requirements shall be provided as required in Article IV, Section 2 of this Ordinance.

(h)

Maximum building coverage on lot: 35 percent (35%).

(i)

Walkways, fences and parking facilities constructed by the Town or any state or federal government agency for public beach access purposes are not subject to any of the dimensional requirements or minimum side yard requirements of this Section.

Editor's note— [Subsection was added by Ord. of 3-12-2003, § II.]

5.1.

Purpose. The requirements set forth in this district are extended to provide for the proper development of areas in the Town of Indian Beach which, due to their location, natural features and access, have an extremely high potential for both permanent and tourist types of residential development.

5.2.

Uses Permitted.

(a)

Single-family unattached dwellings.

(b)

Two-family attached dwelling (duplex).

(c)

Townhouses, apartments and condominiums in accordance with the Town of Indian Beach Group Housing Project Ordinance.

(d)

Public utility buildings and facilities only upon submission of architectural rendering of such building and facilities.

(e)

Tennis courts.

(f)

Swimming pools.

(g)

Day Care Centers.

(h)

Golf courses upon approval of project plan.

(i)

Uses customary and incidental to the above permitted uses.

(j)

Hotels and motels with restaurants, beauty shops, barber shops, lounges and gift shops within the principal hotel and motel building subject to the dimensional and other requirements set forth in Article V, Section 5.8.

(k)

Mobile homes for the limited purpose of contractor's temporary field construction offices, contractor's temporary construction warehouse facilities, temporary sales offices, and temporary offices and housing for security personnel. Mobile homes under the specific limitation of this subparagraph shall be permitted only after a building permit has been issued for a permitted or special use within the RR District, and the mobile homes shall be maintained upon such building site until the occupancy permit is issued for the development represented by the building permit, or until the said building permit has expired, at which time the mobile home must be removed from the RR district.

(l)

Public beach access facilities under the control of the Town of Indian Beach or any state or federal governmental agency and parking areas appurtenant thereto.

Editor's note— [Subsection was added by Ord. of 3-12-2003, § I.]

5.3.

Dimensional Requirements for Permitted Uses.

(a)

Minimum lot area:

(i)

Hotels, motels and accessory uses in accordance with Article V, Section 5.8 hereinafter.

(ii)

Detached single-family dwellings - 15,000 square feet; however, if the lot is served by Public Sewer and a Public Water System, the minimum lot size is 10,000 square feet.

Editor's note— [This subsection as amended by Ord. of 12-9-2010, § I.]

(iii)

Two-family dwellings (duplex) - 20,000 square feet.

(iv)

Townhouses, apartments and condominiums shall be in accordance with the Town of Indian Beach Group Housing Ordinance.

(v)

Public utility buildings - 15,000 square feet.

(vi)

Day Care Center - 15,000 square feet.

(vii)

Tennis courts and swimming pools - 15,000 square feet.

(b)

Maximum building lot coverage - 35 percent

(c)

(i) Maximum building height - 100 feet

(ii)

Any building with any floor of thirty (30) feet or more in height must have exterior fire escapes, or fire proof interior stairways if approved by the North Carolina Department of Insurance, extending from the ground to each floor at thirty (30) feet or above.

(d)

Minimum front yard - 50 feet - primary road (N.C. Highway 58)

30 feet - secondary street (All streets and roads other than Highway 58).

25 feet - for detached single family dwellings on secondary streets.

(e)

Minimum side yard - 15 feet for each building, plus an additional 5 feet for each additional story above two; however, for detached single family dwellings the minimum side yard is 10 feet for the first three stories plus an additional 5 feet for each additional story above three. For purposes of this subsection, the first story shall be the area of the dwelling within the perimeter formed by pilings, columns or foundation walls if such area has a height from grade to the bottom of the floor-framing of at least 7 feet.

Editor's note— [Subsection was amended by Ord. of 10-12-2011, § I.]

(f)

Minimum rear yard - 20 feet plus additional 5 feet for each additional story above 2.

(g)

Walkways, fences and parking facilities constructed by the Town or any state or federal government agency for public beach access purposes are not subject to any of the dimensional requirements or minimum side yard requirements of this Section.

Editor's note— [Subsection was added by Ord. of 3-12-2003, § II.]

(h)

Setback for septic tank systems.

i.

Definition. As used in this section "septic tank system" means a sewage disposal system as defined in the North Carolina Administrative Code at 15A NCAC 18A.1935 and permitted by the Carteret County Health Department.

ii.

Setbacks for septic tank systems. Notwithstanding any more restrictive setback or yard requirement in this zoning ordinance, all subsurface components of a septic tank system may be located on a lot in conformity with the minimum horizontal distance requirements provided in 15A NCAC 18A.1950. Above-ground components of a septic tank system shall adhere to the minimum setbacks and yard requirements established for the zoning district for the lot on which the septic tank system is located.

5.4.

No wall, fence, shrubbery, sign, or other obstructions shall be permitted to be placed, grown, or erected between the height of two and one-half (2½) feet and fifteen (15) feet within an area thirty (30) feet from the point of intersection of the right-of-way lines of streets abutting corner lots.

5.5.

Parking Requirements for Permitted Uses - Minimum.

(a)

Residential dwelling units - See Article IV, Section 2 of this Order VI (Group Housing Ordinance of Indian Beach).

(c)

All other permitted uses - see Article IV, Section 2 of this Ordinance.

(d)

Non-residential parking areas shall be paved and shall be a minimum of fifteen (15) feet from any property line and twenty-five (25) feet from any street or highway right-of-way line.

(e)

All non-residential parking areas shall be buffered by natural vegetation and planted vegetation to a height of six (6) feet and a width of five (5) feet except on corner lots as defined herein above.

5.6.

Signs.: As permitted by Article XXII of the General Code of Ordinances for the Town of Indian Beach.

5.7.

Requirements and Limitations for Hotels and Motels within an RR District.

(a)

Density and Other Requirements for Hotels and Motels within and RR District.

(i)

Minimum area - 3 acres.

(ii)

Minimum frontage public right-of-way - 30 feet.

(iii)

Maximum building lot coverage - 35 percent.

(iv)

Minimum front yard - 50 feet on primary road.

30 feet on secondary road.

(v)

Minimum side yard - 15 feet each plus an additional 5 feet for each additional story above 2.

(iv)

Minimum rear yard - 20 feet plus an additional 5 feet for each additional story above 2.

(vii)

Minimum distance between principal buildings - 20 feet with open access to be landscaped.

(viii)

Maximum building height - 100 feet.

(b)

Driveways.

(i)

Minimum distance between the intersection of right-of- way lines of any street intersections or highway at a corner lot and any driveway: 40 feet

(ii)

Vision clearance: Nothing shall be placed, erected, planted or allowed to grow between the height of two and a half (2½) feet and fifteen (15) feet within an area of twenty (20) feet from the point of intersections of right-of-way lines of the subject streets abutting such corner lots.

(iii)

Maximum Number of Driveways: One (1) per street or one (1) per 100 feet of street frontage.

(iv)

Minimum distance between any property line any driveway: 10 feet.

(v)

Minimum distance between driveways: 50 feet.

(vi)

Minimum driveway width: 20 feet.

(c)

Parking. As per Article IV, Section 2 (Off-Street Auto Parking and Storage) and in addition the following will apply.

(i)

Minimum distance between any off-street parking area and any lot line shall be 10 feet.

(ii)

Minimum distance between any off-street parking area and any street right-of-way line shall be 25 feet.

(iii)

The area described in (b) shall be composed of natural topography and natural vegetation in combination with planted grass and trees upon determination by the Planning Commission.

(iv)

Minimum distance between parking areas and principal buildings: 10 feet.

(v)

The area described in (d) shall be composed of natural topography and natural vegetation in combination with planted trees and grass upon determination by the Planning Commission.

(vi)

All areas set aside for parking shall not total more than 25 percent of the total project area. Natural topography and vegetation shall be preserved to the greatest degree possible.

(d)

Environmental Protection. Hotel and motel projects with primary sand dunes, major secondary sand dunes, and marsh area: Developers of projects containing primary and secondary sand dunes and marsh areas shall indicate on an adequate drawing or map the preservation of such areas. Such drawing or map shall be a part of the application for a Special Use Permit.

(e)

Waste Water Treatment Facilities.

(i)

All waste water treatment facilities shall be approved by the Carteret County Health Department in conjunction with the North Carolina State Health Department and the North Carolina Department of Water and Air Resources, and any other office or division of the State of North Carolina with the jurisdiction over waste water treatment facilities.

(ii)

Where septic tank type treatment facilities are approved by those agencies listed in (i) such facilities shall be installed in open areas. Location under paved or graveled parking areas or under structures shall be prohibited.

5.8.

Special Uses. (Approved by the Board of Adjustment after such uses found to be in compliance with the requirements as hereafter stated for each special use.)

(a)

Pedestrian Walkways and Bicycle Ridingways.

(i)

Maximum width - 8 feet.

(ii)

Minimum setback from any street or highway - 25 feet.

(iii)

Where walkways and ridingways confront other than a local street, a pedestrian controlled stoplight, a pedestrian overpass or underpass shall be installed.

(iv)

All pedestrian walkways and ridingways shall be so planned and developed as to prevent the destruction of natural topography and vegetation.

(v)

Pedestrian walkways planned for usage during the hours of darkness shall be lighted with light fixtures which would blend into and compliment the surrounding vegetation and natural surroundings during the daylight hours.

(vi)

Bicycle ridingways shall be closed during the hours of darkness and signs of a maximum square footage of four (4) square feet shall indicate such.

(vii)

No motorcycle, motorbike, motor scooter, go-kart or other similar machine shall be permitted on pedestrian walkways or bicycle ridingways and signs of a maximum square footage of four (4) square feet shall indicate such.

(b)

Restaurants. Provided that only sit-down type food service is offered and not carry-out service, and provided that such restaurants be developed to serve a given area such as one subdivision, one residential development or a combination of both, and further provided that access to the restaurant be only by pedestrian walkways and not vehicle ways. Access by motor vehicles traffic or transient customers shall be prohibited.

(i)

Area and dimensional requirements for restaurants:

(a)

Minimum lot size: 12,000 square feet.

(b)

Minimum lot width: 100 feet.

(c)

Minimum lot width: 120 feet.

(d)

Minimum lot side yard: 20 feet each.

(e)

Minimum rear yard: 30 feet.

(f)

Minimum front yard: 30 feet.

(g)

Maximum building height: 100 feet.

(ii)

Access to the restaurant shall be by pedestrian walkways only; therefore, except for two (2) walkways, eight (8) feet in width, all natural topography and vegetation immediately surrounding the restaurant shall remain intact.

(iii)

Employee parking, unloading areas, and refuse storage areas:

(a)

Minimum number of employee parking spaces: 1 per employee.

(b)

Such employee parking areas may be located within the required minimum 12,000 square foot lot requirements; however, it is preferred that such parking area be located off the restaurant site.

(c)

Employee parking areas shall be located a minimum of 15 feet from the restaurant structure and shall be accessible to the principal structure by no more than two pedestrian walkways no greater than eight (8) feet in width.

(d)

The area separating the employee parking area from the principal structure shall be composed of natural vegetation and topography and planted vegetation upon the determination of the Planning Board.

(e)

Minimum distance between parking area, unloading area, refuse storage area, and property line - 10 feet.

(f)

Minimum distance between parking area, unloading area, refuse storage area, and any highway or street right-of-way line - 25 feet.

(iv)

Signs: as permitted by Article XXII of the General Code of Ordinances for the Town of Indian Beach.

(c)

Marina. Limited to boat storage (wet and dry), boat service and repairs, boat accessory sales, boat trailer parking area, automobile parking areas, launching ramp, piers, coffee shop and boat petroleum service areas.

(i)

Area Requirement.

(a)

Minimum land area: 30,000 square feet.

(b)

Minimum lot width: 300 feet.

(c)

Minimum lot depth: 100 feet.

(d)

Minimum lot side yard: 30 feet.

(e)

Minimum front yard: 50 feet.

(f)

Maximum building height: 100 feet.

(g)

Maximum structure and parking area coverage: 65 percent.

(ii)

Employee Parking, Customer Parking and Storage Areas.

(a)

All parking areas shall be paved and each space for automobiles shall be 10 feet by 20 feet.

(b)

Minimum number of employee parking space - 1 per employee.

(c)

Minimum boat trailer spaces if launching ramp is developed - 25 spaces.

(d)

Minimum automobile/boat trailer space size if launching ramp is developed - 12 feet by 40 feet.

(e)

Minimum number of automobile parking spaces if dry boat storage is developed, exclusive of automobile/boat spaces: 1½ per slip.

(f)

Minimum number of automobile parking spaces if dry boat storage is developed, exclusive of slip storage and automobile/boat trailer parking spaces required: 1 space per each boat stored.

(g)

All parking areas shall be a minimum of 25 feet from any highway right-of-way line and a minimum of 20 feet from any property line. Such areas of setback shall be composed of natural vegetation and planted vegetation and natural topography shall remain intact.

(h)

All parking areas shall be separated from any structure by a 15-foot buffer composed of natural vegetation and planted vegetation and the buffer area shall emphasize preservation of natural topography.

(i)

Parking rows shall be limited to 25 spaces per row and each two parking rows in a parking lot shall be separated by natural vegetation and planted vegetation a minimum of four (4) feet in width.

(iii)

Driveways and Vision Clearance.

(a)

Driveways shall be limited to one per street frontage or one per 100 feet of street frontage.

(b)

Minimum driveway width: 24 feet.

(c)

Minimum distance between driveways: 50 feet.

(d)

Maximum driveway width: 30 feet.

(e)

Minimum distance between Driveway and any property line shall be 20 feet.

(f)

Minimum distance between the intersection of right-of-way lines of any street or highway intersection at a corner lot and any drive-way: 40 feet.

(g)

Nothing shall be placed, erected, planted or allowed to grow between the height of two and a half (2½) feet and fifteen (15) feet within an area of twenty (20) feet from the points of intersection of right-of-way lines of the subject streets abutting a corner lot.

(iv)

Signs, Lighting, Pollution and Dock Construction.

(a)

Signs as permitted by Article XXII of the General Code of Ordinances for the Town of Indian Beach.

(b)

Lighting:

(i)

All lighting devices shall be of a non-flashing nature except for navigational lights.

(ii)

All lights shall not cast direct light onto adjacent residential properties.

(c)

Pollution:

(i)

When necessary, certification by a registered engineer may be required to ensure the prevention of petroleum and petroleum product runoff into public waters.

(ii)

The County Health Department and the Indian Beach Building Inspector shall determine the adequacy of pollution controls.

(d)

Dock Construction:

(i)

Where marina docks or slips are planned for development adjacent to bodies of water which would destroy or damage such docks or slips during storms or flooding, construction plans shall reflect the ability for all docks and slips to withstand such flooding or storms.

(v)

Plan Approval.

(a)

Prior to approval of a special use permit for a marina a preliminary site plan shall be submitted to the Health Department, the Town Planning Commission, and then based upon preliminary site plan approval, such plan shall be submitted to the Board of Adjustment.

(b)

The Marina Preliminary Site Plan shall include the following data:

(i)

Topographic data

(ii)

Structure location

(iii)

Parking area location to include individual spaces

(iv)

Driveway location

(v)

Use and owners of adjacent property

(vi)

Location of wet and dry boat storage area

(vii)

Utility layout including petroleum service area

(c)

All marina site plans shall be prepared by a registered engineer or registered architect.

5.9.

Additional Special Use. As a special use, a tap-in to an existing sewage treatment facility after a finding by the Indian Beach Board of Commissioners:

(a)

That existing and approved sewage treatment facility exists as an accessory use of a permitted use;

(b)

That all proper documents as regards easements and permits be submitted with the application, including approved State and County waste treatment permits;

(c)

That evidence of ownership or right to use the existing facility be submitted.

6.1.

Basis and Purpose. Within the Planned Development District (PD) are maritime forests which contribute to the integrity of the eco-system of Bogue Banks. As a result of the importance of maritime forests the Town of Indian Beach finds that the health, safety, and general welfare of the entire town will be promoted by development on a planned unified basis. Within the PD District, regulations are principally designed to ensure the conservation of maritime forest, while providing to landowners reasonable uses of their property.

6.2.

Town Approval Required. Within the PD District, no vegetation (except plants with trunks or stems less than one inch in diameter), shall be cut or cleared, and no property will be excavated, graded or filled, and no improvements commenced on any property until approval of a development application has been granted by the Town Board of Commissioners pursuant to Subsection 6.10. However, surveyors engaged in a bona fide survey of property, without submission or approval of a development application, may cut "survey lines" not exceeding four (4) feet in width where no tree whose main stem is four (4) inches or greater in diameter is destroyed.

6.2.1.

[Authority of Board.] Notwithstanding any limitation or restriction on development within the PD District, when property within a development is submitted to wholly public purposes with the consent of the Board of Commissioners, the Board shall have the right and authority to vary the limitations or restrictions of the PD District, or any other provision of the Zoning Ordinance, to avoid penalizing an owner for allowing a public use on his property or to otherwise serve the public interest.

Editor's note— [Subsection was added by Ord. of 7-9-2003(1).]

6.3.

Uses. Upon compliance with this section and all relevant sections of the Zoning Ordinance of the Town of Indian Beach, the following uses will be permitted:

(a)

Single family detached dwellings.

(b)

Residential cluster homes (defined as three or more attached or detached single family dwelling structures in condominium, townhouse or other form of ownership in which the side yards and distances between units may be less than those required in the zoning district, and which have the appearance of one or more structures and which may be connected by common porches, walkways, patios or garages, and which are less than 40 feet in height from grade at the roof ridge and which contain no separate dwelling units constructed one over the other).

(c)

Group housing projects.

(d)

Public utility buildings and facilities.

(e)

Hotels and motels.

(f)

Churches.

(g)

Uses customary and incidental to the above uses including but not being limited to the following:

(1)

Marinas limited in use to residents and guests within a PD development; and

(2)

Restaurants, lounges and shops designed principally to serve owners of condominiums, and guests of hotels and motels within a PD development.

(g)

Public beach access facilities under the control of the Town of Indian Beach or any state or federal governmental agency and parking areas appurtenant thereto.

Editor's note— [Subsection was added by Ord. of 3-12-2003, § I.]

6.4.

Dimensional Requirements.

(a)

The minimum size of any parcel or tract of land for which an owner seeks permits under this section shall be at least three contiguous acres for single family residential subdivisions and cluster home subdivisions and five contiguous acres for all other uses in this district. Additions to a planned development under this section shall consist of at least three contiguous acres regardless of use.

(b)

Within a planned district the following will apply:

(i)

Lots within a single family detached dwelling residential subdivision must each have at least 30,000 square feet of area.

(ii)

Lots within a residential cluster subdivision must each have at least 30,000 square feet of area for each dwelling unit.

(iii)

Group housing - unit numbers limited by required vegetation set aside, set backs, height limitations, building size requirements and all requirements of this Section 6 and other provisions of the zoning ordinances.

(iv)

Hotels and Motels - numbers of units limited by required vegetation set aside, set backs, height limitations, building size requirements and all requirements of this Section 6 and other provisions of the zoning ordinances.

(c)

Notwithstanding anything to the contrary in this section, public utility buildings and facilities shall be permitted on tracts consisting of 30,000 square feet; but such uses shall comply with all other requirements of the planned development district except minimum building size.

(d)

Notwithstanding anything to the contrary in this section, a single family detached residence (with attached or detached garage) shall be permitted on tracts consisting of 30,000 square feet; but such use shall comply with all other requirements of the planned development district.

(e)

Minimum building size requirements:

(i)

Single family detached residential dwellings - 1,200 square feet of heated living area.

(ii)

Residential clusters - 1,200 square feet of heated living area within each single family residence within the cluster.

(iii)

Group housing projects - 1,000 square feet of heated living area for each dwelling unit located therein.

(iv)

Hotels and motels - 300 square feet of heated space for each unit intended for occupancy by guests.

(f)

Minimum building setbacks. Structures (excepting driveways and pedestrian walkways at grade level) shall be set back from property boundaries as follows:

(i)

Front set back: fifty feet from the front boundary line.

(ii)

Side set back: twenty feet plus an additional five feet from side boundary line for each additional story over two, except, however, minimum side setbacks may be waived by the Town with respect to the distance between residential clusters.

(iii)

Rear set back: twenty-five feet plus an additional five feet from rear boundary line for each additional story above two, except, however, minimum rear setbacks may be waived by the Town with respect to the distance between residential clusters.

(g)

Maximum structure coverage. The coverage of all structures on a lot, including buildings, driveways, parking areas, decks, patios, pedestrian walkways, septic tank and drain field areas, shall not exceed thirty-five percent (35%) of the area of any tract within the PD District nor of any lot within a development within the PD District.

(h)

Frontage. Each tract submitted for approval within the PD District shall have at least one hundred feet of frontage on a paved, state maintained road; however, if a development is an extension of or addition to a tract that has been previously permitted, this provision may be waived by the Town.

(i)

Maximum height. The maximum height of any structure is limited to 100 feet.

(j)

Walkways, fences and parking facilities constructed by the Town or any state or federal government agency for public beach access purposes are not subject to any of the dimensional or setback requirements of this Section.

Editor's note— [Subsection was added by Ord. of 3-12-2003, § II.]

6.5.

Parking and Street Requirements.

(a)

Minimum off street parking requirements shall be in accordance with Article IV, Section 2 of the Zoning Ordinance.

(b)

All streets within a development shall be paved with asphalt, concrete, brick, or cobblestone. All driveways and parking areas will be paved with asphalt, concrete, brick, cobblestone, or "turfstone" or similar products. Streets, driveways and parking areas will be constructed in a manner to avoid erosion from water run-off.

6.6.

Residential Subdivisions. Within the PD District, all residential subdivisions shall comply with Article XI of the Zoning Ordinance (Subdivision Regulations); however, if the plats submitted with the applications for permits for development within the PD District meet the requirements of Section 3, Article XI of the Subdivision Regulations, the applicant shall not have to submit plats in addition to those required for PD District developments.

6.7.

Group Housing Projects. Within the PD District, all group housing projects shall comply with Article VI of the Zoning Ordinance (Group Housing Ordinance); however, if the plats submitted with the applications for permits for development within the PD District meet the requirements of Section 4, Article VI of the Group Housing Ordinance, the applicant shall not have to submit plats in addition to those required for PD District developments.

6.8.

Environmental Protection. See Article I-A of the Zoning Ordinance captioned "Environmental Protection Ordinance for the Town of Indian Beach."

6.9.

Site Design. The following design criteria shall be satisfied, except where the Board of Commissioners finds an alternative design scheme which provides equal or better performance standards regarding the intent of this ordinance and to protect the natural features of the district protected under this section. These criteria shall be in addition to all other requirements of this district and the provisions of the Zoning Ordinance:

(a)

The filling or dredging of ponds, marshes, streams or wetlands is prohibited unless permitted by the United States Army Corps of Engineers or pursuant to permits issued under the Coastal Area Management Act (CAMA).

(b)

Changes in the natural topography of the tract will not be permitted except at building sites unless approved by the Board of Commissioners. Roads and streets shall not be deemed "building sites" for purposes of this section, and roads, streets and parking areas shall follow the natural contours of the tract unless the applicant can demonstrate to the satisfaction of the Board of Commissioners that there can be no reasonable ingress, egress and regress between the public street adjoining the tract and the building sites or that the streets and roads dedicated to the public in residential subdivisions cannot be constructed to State Department of Transportation standards without such modification. If the natural topography of a tract is altered either as a matter of right or by permit, applicant must demonstrate adequate measures to avoid erosion.

(c)

The removal of any tree with a four inch or greater diameter at one foot above the ground is prohibited except where the Town Board finds in its opinion that no reasonable alternative building site or supporting facilities on the tract being developed is available, or that such trees pose a safety hazard, or threaten to cause disruption of public service.

(d)

The planned development complies with the Environmental Protection Ordinance for the Town of Indian Beach (Article I-A of the Zoning Ordinance for the Town of Indian Beach).

6.10.

Application.

(a)

[Components.] Applications for development within the PD District shall be deemed to include an application for a landscape permit pursuant to Article I-A, Section 6 of the Zoning Ordinance and, to the extent shown on the application, will be deemed an application for a building permit.

(b)

Application requirements. Each application shall be signed and shall contain at least the following information:

(i)

The applicant's name in full, applicant's street and mailing business address, street and mailing residence address and applicant's work and home telephone number.

(ii)

Applicant's interest in the property.

(iii)

County tax parcel number.

(iv)

Nine duplicate site plans drawn to at least a one inch equals fifty feet scale which shall include the following minimum requirements:

(1)

A North arrow;

(2)

All property lines with dimensions;

(3)

Existing topographical conditions of the property showing at least two foot contour intervals prepared by either a professional engineer or registered surveyor;

(4)

All existing trees with at least a four inch diameter at one foot above the ground that applicant proposes to remove or to trim;

(5)

Areas where trees and other vegetation are to be removed;

(6)

Specifications for the protection of existing trees during construction;

(7)

Grade changes or other land disturbing activities or construction activities adjacent to trees and vegetation which could adversely effect the health of the trees, with specifications on how the grade, drainage and aeration will be maintained around the trees;

(8)

Existing rights of way and easements;

(9)

If required by state law, an approved soil erosion and sedimentation control plan, and storm water run off plan;

(10)

Existing conditions of the site including streets, roads, water courses, rights of way, easements, and structures, to include areas of environmental concern, CAMA and other governmental body restrictive use areas;

(11)

Total acreage of the tract;

(12)

Tentative arrangement of driveways, rights of way, streets, easements, lots and sites;

(13)

Areas to be left in their natural state;

(14)

All 404 wetland areas;

(15)

Proposed building sites with a description of the building or other structure to be constructed thereon;

(16)

Location of all sewage treatment facilities;

(17)

Complete "blue prints" or building plans including elevations and an artist's rendering if the application includes an application for a building permit for the construction of a structure or structures other than streets or roads.

(c)

Site Marking. The applicant shall clearly flag or mark on site all areas where trees and other vegetation are to be removed. These flags or other markings shall not be moved or relocated until final approval is given pursuant to 6.13 of this section or until an application is either withdrawn or denied.

(d)

Filing Requirements. The applicant shall file the original application with the Town Clerk at least fifteen working days prior to the next regular meeting of the Planning Board. The Town Clerk will submit a copy of the application to the Building Inspector and to the Fire Chief of the Indian Beach-Salter Path Fire Department.

Editor's note— [This subsection as amended by Ord. of 10-14-2009.]

(e)

Review by the Planning Board. The planning board shall act in an advisory capacity to the Town Board of Commissioners and review the application to determine:

(i)

If the development described in the application is in conformity with all of the ordinances of the Town of Indian Beach; and

(ii)

If there are alternatives available to applicant that will reduce cutting or other destruction of trees and vegetation.

The chairman of the planning board shall have the discretion to call a special meeting or meetings to consider the application. Within sixty days after the application has been filed, the planning board shall submit its report to the Board of Commissioners, which report shall indicate either recommended approval, disapproval, or conditional approval. In case of recommended conditional approval, the reasons for such action and the conditions to be met shall be specified in writing. The planning board may require the applicant to submit a revised application, or parts thereof, which incorporate recommended changes before recommending approval of the application.

When an application is recommended for disapproval, the Planning Board shall specify the reasons for such action in writing. One copy of such reasons and one copy of the application shall be retained by the Planning Board, and an application with the written reasons for recommended disapproval shall be given to the applicant. If the preliminary application is disapproved, the applicant may withdraw the original application and submit a revised application, which for purposes of procedure will be deemed a new application. (However, no additional application fee will be required.) If applicant chooses to withdraw and revise his application, he shall so notify the chairman of the planning board in writing. In such event the Town Board shall neither conduct a public hearing nor consider the application recommended for disapproval until the Planning Board files its report on the revised application with the town clerk, at which time the procedure with respect to preliminary Town Board approval will become effective.

Unless the applicant withdraws his application so as to submit a revised application, the recommendation for disapproval by the planning board shall be filed with the town clerk.

Unless stipulation for additional time is agreed to by the applicant in writing, if the planning board fails to take action in the allotted time, the application shall be deemed approved by the planning board.

(f)

Review of Plans for Building Code Compliance. The Building Inspector will review all plans for the construction of any structure included within the proposed development and will report to the Board of Commissioners his findings with respect to compliance with all applicable building codes within sixty days after the application has been filed.

(g)

Review of Plans for Fire Safety. The Fire Chief of the Indian Beach-Salter Path Fire Department will review the application and all plans for the construction of any structure included within the proposed development and will report to the Board of Commissioners his findings with respect to compliance with all applicable fire codes and generally accepted fire safety practices within sixty days after the application has been filed.

Editor's note— [This subsection as amended by Ord. of 10-14-2009.]

(h)

Public Hearing on Application by Town Board. Upon receiving the recommendation of the planning board, the town clerk shall determine from the Mayor a date for a public hearing on the application by the Town Board of Commissioners. The clerk shall then cause notice of the public hearing before the Town Board of Commissioners to be published in a county newspaper having general circulation in Indian Beach, North Carolina once a week for two successive weeks. The notice shall give the name of the applicant, a general description of the property in question, a general description of the project, the date, time and place of the hearing. The public hearing shall be conducted by the Town Board within forty five days after the report of the planning board is filed with the clerk. (If the planning board fails to give a report on the proposal, the public hearing shall be conducted within 105 days of the filing of the application, unless such time is extended with the written agreement of the applicant.) The Town Board of Commissioners shall conduct the public hearing to receive information from the public as to the compliance or non-compliance of the proposed project with the ordinances of the Town and any state or federal law or regulation relating to the project.

(i)

Review and preliminary approval by the Town Board. After the public hearing and within forty five days after receiving the report of the planning commission (and within 105 days after the application is filed in the event the planning commission fails to make a recommendation) the Town Board of Commissioners shall meet to review the application and recommendations of the planning board. In order for the Town Board to approve an application for development within the PD District, a majority of the board members from substantial evidence received during the application process must affirmatively find, which findings shall be entered in the minutes of a board:

(i)

All requirements of this ordinance and the zoning ordinance are complied with;

(ii)

The proposal does not affect adversely the general plans for the physical development of the Town as embodied in this ordinance, the current Land Use Plan for the Town of Indian Beach, or the zoning ordinances;

(iii)

The proposed use will not be contrary to the purposes stated in this ordinance;

(iv)

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, of vehicular movement, or noise or any type of physical activity;

(v)

The proposed areas for clearing for construction and other purposes will disturb the minimum number of healthy trees and vegetation on the tract;

If the preliminary plan is approved by the Town Board, approval shall be noted on two prints of the plat by the Mayor and one print shall be delivered to the applicant and the other will be retained by the town. If the preliminary plan is not approved by the Town Board, the Board shall have the option of notifying the applicant that the application has been rejected or of returning the application to the Planning Board for further consideration and the development of additional evidence. If the application is rejected by the town board the notice to the applicant shall contain a written statement of the reason for the rejection.

If the Board of Commissioners returns the application to the Planning Board for further consideration the Planning Board shall have forty-five (45) days to further consider the application and report its actions to the Town Board of Commissioners. At the expiration of the forty-five (45) day period or sooner, if the Planning Board so acts, the Town Board of Commissioners will again review the application, and shall have the authority to (i) approve the application or (ii) disapprove the application.

6.11.

Receipt of Other Land Use Permits. Upon approval of the application by the Town Board of Commissioners, the applicant must secure all needed land use and building permits required by local and state law within one year from the date of approval by the Town Board of Commissioners. The applicant must then complete the project in accordance with the permits so issued. For good cause shown, the Town Board may extend the one year requirement.

6.12.

Development in Stages. When a planned development is to be developed in stages, The application shall be submitted for the entire development. Final approval by the Planning Board and the Town Board may be given for each phase, so long as each phase fully complies with the requirements of this district, as well as all other zoning requirements for the Town of Indian Beach.

6.13.

Final Approval.

(a)

Submission of Proposed Final Plat. Upon completion of the planned development in accordance with the approval given by the Town Board of Commissioners, the applicant shall submit to the Town Clerk a final plat constituting that portion of the approved application that has been completed. The Town Clerk shall submit such plat to the Planning Board.

(b)

Action by the Planning Board. The Planning Board shall have 15 days to meet and discuss final approval after the final plat has been submitted to the Clerk in writing. The Planning Board shall have 15 days after its meeting in which to take action on final approval. Unless a stipulation for additional time is agreed to by the applicant, failure of the Planning Board to take action in the allotted time shall be deemed approval of the final plat by the Planning Board.

The Planning Board shall review the final plat for compliance with the terms of preliminary approval of the application. The Planning Board shall recommend approval or disapproval of the final plat.

(i)

If the final plat is recommended for approval, it shall be forwarded to the Board of Commissioners for final approval.

(ii)

If the final plat is recommended for disapproval by the Planning Board, the reasons for such action shall be stated in writing. The reasons for recommended disapproval shall refer specifically to those instances where the project was not completed in accordance with preliminary approval. One copy of the reasons together with the proposed final plat shall be transmitted to the applicant. The applicant shall then have the option of making the required changes and submitting a revised final plat to the Planning Board, or the applicant may appeal directly to the Board of Commissioners.

(c)

Action by the Board of Town Commissioners. The Board of Commissioners shall take action on the final plat at its first regular meeting occurring after recommended approval of the final plat by the Planning Board, or appeal by the applicant of a recommended disapproval. The Mayor shall have the authority of calling a special meeting to consider final approval at any time, if he deems such action to be in the best interest of the town. If the Town Board finds that all requirements of preliminary approval have been met, final approval shall be granted. If the Town Board finds that all requirements of preliminary approval have not been met, the final plat shall be disapproved.

If the final plat is approved approval shall be indicated on an appropriate certificate on the final plat by the Mayor. The applicant shall file the approved plat with the Register of Deeds within ninety (90) days after the approval of the Board of Commissioners or such approval shall be void and the applicant will be required to request final re-approval from the Town Board.

If the final plat is disapproved by the Board of Commissioners, the reasons for such action shall be stated in writing. The reasons for recommended disapproval shall refer specifically to those instances where the project was not completed in accordance with preliminary approval. One copy of the reasons together with the proposed final plat shall be transmitted to the applicant. Upon making revisions in the project to bring it into conformity with preliminary approval, the applicant shall re-submit a proposed final plat which will depict the modifications made after disapproval. Revised proposed final plat will be filed with the Town Clerk. If the Planning Board recommended disapproval of the final plat, the Clerk will forward the revised plat to the Planning Board for reconsideration. The Planning Board will proceed as if considering an original proposed final plat. If the Planning Board recommended the original final plat for approval, but the Town Board disapproved the plat, the Clerk will forward the revised plat directly to the Town Board for consideration. The Town Board will proceed as if considering a final plat recommended for approval by the Planning Board. This process shall be repeated as many times as needed for an applicant to receive final approval as long as applicant demonstrates a good faith effort to bring the project into compliance with requirements of preliminary approval.

6.14.

Expedited Procedure - Single Family Residences. Notwithstanding anything to the contrary in this Article, any owner of land in the PD district may apply for a development permit for the construction of a single family residence (including either an attached or detached garage) on any tract at least 30,000 square feet in size and having at least 100 feet of frontage on a public street or highway, or a private street in an approved subdivision and which has no other structure located thereon, under the following expedited procedure:

(a)

Two copies of the application for a development permit and building permit shall be filed with the town clerk. The clerk will deliver one copy to the building inspector and one copy to the chairman of the Indian Beach Planning Board. There will be no fee for applications under this section in addition the regular fees charged for building permits.

(b)

If a division of a tract is involved, the division must be made in accordance with the subdivision ordinance.

(c)

No vegetation (except plants with trunks or stems less than one inch in diameter), shall be cut or cleared, and no tract will be excavated, graded or filled, and no improvements commenced on any tract until approval of a development application has been granted by the building inspector after review and comment from the Indian Beach Planning Board.

(d)

All design criteria of section 6.9 must be met; however, with respect to the cutting of trees with four inch or greater diameter at one foot above the ground, the Building Inspector shall have the right to authorize such cutting within an area of the tract no greater than 3500 square feet in size to be used exclusively for the site of the dwelling and garage, septic tank and drainfield placement, and driveway if the Building Inspector finds in his opinion that no reasonable alternative building site on the tract is available that will cause fewer trees of four inch or greater diameter to be cut.

(e)

All driveways and parking areas will be paved with asphalt, concrete, brick, cobblestone, or "turfstone" or similar products. Driveways and parking areas will be constructed in a manner to avoid erosion from water run-off.

(f)

The application for a development permit must include the information required by section 6.10(b) except only two site plans containing the information required by sub-section iv need be filed, and the scale on such site plan shall be at least one inch equals 20 feet.

(g)

The planning board shall meet to review the application as soon as possible after the application is filed. The planning board shall make comments on the application to the building inspector and will serve in an advisory role to the building inspector. The applicant shall be permitted to amend his application in writing during its review. If the planning board fails to comment on the application within 30 days after its filing, it is deemed that the application received favorable comment. The building inspector cannot issue a development permit until comments are received from the planning board, unless the planning board fails to make comments within 30 days after the application is filed.

(h)

Should the building inspector disapprove the application, the applicant shall have the right to make modifications in the application and re-apply for a development permit. Such re-application shall be considered in the same manner as an original application.

(i)

Should the building inspector disapprove the application, the applicant shall have the right to appeal such disapproval to the Town Board of Commissioners which shall be constituted as a board of adjustment. The appeal shall be considered at the regular meeting of the Town Board occurring next after building inspector disapproval, unless the applicant requests a delay, in which case the appeal shall be considered at a regular meeting of the Town Board as requested at least two weeks in advance by the applicant, or in the discretion of the Mayor, at a special meeting called for such purpose. The applicant shall be permitted to amend his application in writing during its consideration to enhance approval. The Town Board, by four fifths vote shall approve the application at the meeting when the appeal is heard. If the Town Board disapproves the application, the specific reasons for the disapproval must be contained in a motion to disapprove. Within seven days following the meeting, the mayor must notify the applicant in writing the reasons for disapproval as contained in the motion to disapprove. Failure of the Town Board to disapprove an application at the meeting when the matter should have been considered shall be deemed approval of the application. Upon approval by the Town Board of an application, the Building Inspector shall promptly issue a development permit and a building permit.

(j)

Judicial review of disapproval of an application for development filed under this section shall be in accordance with section 6.14 of this Article.

(k)

Review of compliance with the approved application shall be in conformity with section 6.16 of this article.

(l)

Upon completion of the dwelling in conformity with the approved development application, the Building Inspector shall issue an occupancy permit.

(m)

For permits issued for single family residences under this section, there is no requirement of any filing with the Carteret County Register of Deeds.

6.15.

Administration During Development. The Town building inspector and Town Manager shall review compliance with the approved preliminary application from time to time during development. Should the building inspector or Town Manager determine that development is proceeding not in conformity with the approved preliminary application, the Town Manager may, in his discretion, issue a stop work order with respect to any development not in compliance with the application as preliminarily approved. The interpretations of the building inspector or Town Manager and any appeal of a stop work order shall be made directly to the Town Board of Commissioners which shall be deemed constituted as a Board of Adjustment pursuant to G.S. 160A-388.

6.16.

Judicial Review. The decision of the Town Board to deny preliminary approval of an application or the decision of the Town Board to deny final approval of a development for which preliminary approval has been granted shall be reviewable by the Superior Court by the proceedings in the nature of certiorari. Any petition for review by the Superior Court shall be filed with the Clerk of Superior Court within thirty (30) days after a written copy of the decision of the Board is delivered to the applicant. The decision of the Board may be delivered to the applicant either by personal service or by registered or certified mail return receipt requested.

6.17.

Certificates of Occupancy. No Certificate of Occupancy for any structure constructed within the PD shall be issued until the Town Board has granted final approval of the development, and a plat thereof bearing an indication of approval by the Town has been filed of record in the Office of the Register of Deeds of Carteret County.

6.18.

Fees. The Board of Commissioners shall establish the fees to be paid by an applicant for review of preliminary applications and final plats. Until changed by the Town Board, the fee shall be Two Hundred Fifty Dollars ($250.00). The fee shall be in addition to the fees charged for building permits.

6.19.

Non-Acceptance. Approval of the application and the site plans shall not constitute acceptance by the Town of Indian Beach for maintenance or as a part of Town facilities and system of the utilities, street, parking areas, storm sewer drainage system, or any other dedicated land, facilities or services described in the site development plan.

6.20.

Conflict With Other Sections. Wherever the provisions of the regulations under this Section 6, Planned Development District, impose greater restrictions upon the use of land than any other provision of the zoning ordinance, then the provisions within this Section 6 shall govern.

7.1.

[Permitted Uses.] Within an Office and Professional District (O&P), no lot, building or structure shall be used and no building structure shall be erected which is intended or designed for any other than one or more of the following permitted uses:

a.

Accountant Office.

b.

Acupuncture Office.

c.

Adjusters, Insurance Office.

d.

Architect Office.

e.

Advertising Agency Office.

f.

Answering Service Office.

g.

Agricultural Consultants Office.

h.

Appraisers Office.

i.

Aquaculture Consultants Office.

j.

Association Management Offices.

k.

Attorneys Office.

l.

Banks.

m.

Beauty Parlor/Barber Shop, (including make up and nail salon, and day spa).

n.

Builders Office (without warehouse or storage lot).

o.

Brokerage Office (bonds, stocks, commodities, insurance, yachts).

p.

Business & Trade Offices, (example Board of Realtors, Chamber of Commerce Office, etc.

q.

Chiropractors Office.

r.

Church.

s.

Counselors Office.

t.

Consultants Office.

u.

Credit Union.

v.

Credit Bureau Office.

w.

Dentists Office.

z.

Detective Agencies Office.

y.

Doctors Office.

z.

Employment Agencies Office.

aa.

Engineers Office.

bb.

Finance Office.

cc.

Government Offices.

dd.

Insurance Office.

ee.

Medical Arts Office.

ff.

Mortgage Brokers Office.

gg.

Physical Therapists Office.

hh.

Real Estate Offices.

ii.

Secretarial Services Office.

jj.

Surveyors Office.

jj.

Trade Service Offices.

kk.

Travel Agency Office.

ll.

Utility Offices (without warehouse or storage yard).

7.2.

Dimensional Requirements. Within the Office and Professional District (O&P), the dimensional requirements shall be as follows:

(a)

Lots within the Office and Professional District must each have at least 30,000 square feet of area.

(b)

Minimum building setbacks. Structures (excepting driveways and pedestrian walkways at grade level) shall be set back from property boundaries as follows:

(i)

Front set back: fifty feet from the front boundary line.

(ii)

Side set back: twenty feet plus an additional five feet from side boundary line for each additional story over two, except, however, minimum side setbacks may be waived by the Town with respect to the distance between office building clusters.

(iii)

Rear set back: twenty-five feet plus an additional five feet from rear boundary line for each additional story above two, except, however, minimum rear setbacks may be waived by the Town with respect to the distance between office building clusters.

(g)

Maximum structure coverage. The coverage of all structures on a lot, including buildings, driveways, parking areas, decks, patios, pedestrian walkways, septic tank and drain field areas, shall not exceed thirty-five percent (35%) of the area of any tract within the O&P District nor of any lot within a development within the O&P District.

(h)

Frontage. Each tract submitted for approval within the O&P District shall have at least one hundred feet of frontage on a paved, state maintained road; however, if a development is an extension of or addition to a tract that has been previously permitted, this provision may be waived by the Town.

(i)

Maximum height. The maximum height of any structure is limited to 100 feet.

7.3.

Parking and Street Requirements.

(a)

Minimum off street parking requirements shall be in accordance with Article IV, Section 2 of the Zoning Ordinance.

(b)

All streets within an O&P District development shall be paved with asphalt, concrete, brick, or cobblestone. All driveways and parking areas will be paved with asphalt, concrete, brick, cobblestone, or "turfstone" or similar products. Streets, driveways and parking areas will be constructed in a manner to avoid erosion from water run-off.

7.4.

Buffer. The developer of any property in an O&P District, and each subsequent owner thereafter, shall plant or maintain a dense vegetative buffer along each side and rear lot line at least ten (10) feet in width with trees, plants or shrubs that are either an average of ten (10) feet in height at planting or which will achieve ten (10) feet in height after two growing seasons.

7.5.

Parking. Off-street parking and unloading space shall be provided as required in Article IV, Section 2.

7.6.

Signs. Signs are permitted according to Article XXII of the General Code of Ordinances for the Town of Indian Beach.

Editor's note— [Sec. 7 was added by Ord. of 8-13-1997.]