No person shall construct or develop a group housing project, or convert any existing building or structure to a group housing project, nor shall any person make any addition to an existing group housing project that either alters the number of units within the project or affects the facilities required therein, unless he shall have first secured a permit authorizing such conversion, construction, development or addition according to the procedures set forth in this Ordinance. The construction, development, conversion, modification or addition shall be in accordance with plans and specifications submitted with the application and as approved according to the procedure set forth herein. All plans and specifications submitted with the application for a group housing project shall adhere to and comply with the area requirements and design standards as set forth in this Ordinance unless the Indian Beach Board of Adjustments shall approve a variance with regard to the area requirements and design standards.

No units in the group housing project shall be transferred or rented until such time as a certificate of occupancy for the project has been issued by the Indian Beach Building Inspector, nor shall any electric utility company provide electricity to the group housing project until a certificate of occupancy has been issued by the Indian Beach Building Inspector or his designated representative authorizing the electrical utility company to provide electricity to the group housing project.

Each application for a group housing project permit shall be filed with the Indian Beach Planning Department a minimum of two (2) weeks prior to the meeting of the Indian Beach Planning Commission which is scheduled to review the application for a group housing project permit. Each application for a group housing project permit shall be accompanied by six (6) prints of the preliminary plan. In the event the proposed group housing project is located in a zoning district which would require a special use permit for a group housing project pursuant to the terms of the Indian Beach Zoning Ordinance, then it shall be necessary for the Indian Beach Board of Adjustment to have approved a special use permit for the proposed group housing prior to the submission of the application for a group housing project.

4.1

The preliminary plan as submitted to the Indian Beach Planning Department shall contain the following information on one or more sheets, and shall comply with the following requirements:

(a)

General Information.

(1)

Name of development.

(2)

Name of owner and developer.

(3)

Name of land planner, architect, engineer or surveyor.

(4)

Scale of map which shall not be more than 100 feet to an inch.

(5)

Date of Preliminary plan.

(b)

A vicinity map showing all roads in the general area of the proposed group housing project, and also showing the relationship of the proposed group housing project site to major roads in the area.

(c)

The dimensions and bearings of all exterior property lines shall be shown on the preliminary plan.

(d)

Land contours with vertical intervals of not more than two (2) feet shall be provided for all projects and shall be shown either on the preliminary plan or on a topographic survey which accompanies the preliminary plan. In the event a topographic survey is submitted with the preliminary plan, it shall be drawn to the same scale as the preliminary plan and shall show land contours with vertical intervals of not more than two (2) feet.

(e)

The preliminary plan shall show all roads within the group housing project area to include access roads and adjacent roads to the project area.

(f)

The preliminary plan shall also indicate and show surface water drainage plans and methods.

(g)

The preliminary plan shall show and specifically locate all structures and buildings within the project site to include both present and proposed structures and buildings. The dimensions of the buildings and structures shall be shown in detail.

(h)

All recreation and open spaces both existing and proposed shall be indicated in detail, and all structures, uses and buildings both existing and proposed within the recreation and open spaces, shall be indicated in detail.

(i)

The preliminary plan shall be accompanied by detailed plans of the developer concerning the method of surfacing roads and parking areas.

(j)

The preliminary plan shall indicate in detail the location and intensity of area lights and the general plan of the electrical system for the project area.

(k)

The preliminary plan shall indicate the source of water and the distribution system for the source of water. In the event the water system requires approval by state and/or federal agencies, then plans and specifications approved by the state and federal agencies having jurisdiction over said system must be submitted. If the water distribution system requires approval from the Carteret County Health Department, then the approval of the Carteret County Health Department must accompany the preliminary plans.

(l)

Sanitary sewerage system - if a public sewerage collection and disposal system is used, plans and specifications approved by state and/or federal agencies must be submitted. If a public sewerage system is not required and such system comes under the jurisdiction of the Carteret County Health Department, then its approval must accompany the preliminary plans. If approved by appropriate, local, state and/or federal agencies, a sanitary sewerage system to serve a group housing project on one side of N.C. Highway 58 (Salter Path Road) may be located on the opposite side of said road so long as all use requirements, dimensional requirements, natural area reservations, and other criterion are met on properties north and south of N. C. Highway 58. Additionally, the preliminary plans must be accompanied by an easement, or easements, from the State of North Carolina for use of sewerage lines under N. C. Highway 58.

(m)

The preliminary plans shall indicate bodies of water, marshes, wooded areas, creeks, rivers and other natural conditions which may affect development within the project site.

(n)

The preliminary plan shall indicate all adjoining property owners.

(o)

The preliminary plan shall indicate the graphic scale with a north arrow.

(p)

The preliminary plan shall indicate in detail the site data as follows:

(1)

Total acreage in the project.

(2)

Type of group housing project units to be approved.

(3)

Number of one-bedroom, two-bedroom, three-bedroom and four-bedroom group housing project units.

(4)

Maximum project area covered by the group housing project.

(5)

Minimum distance between principal buildings.

(6)

Minimum front, rear and side yards for each unit within the group housing project.

(7)

Height of each building.

(8)

Parking area and parking spaces for the project.

(9)

If the group housing project proposes townhouses, row houses or other attached single-family dwellings other than condominiums, the size of each lot shall be shown and the location of the unit on each lot shall be indicated. The minimum lot width and side, rear and front yards for each unit shall be indicated in detail.

(q)

The preliminary plans for a condominium group housing project shall be accompanied by a copy of the proposed declaration of unit ownership, the by-laws and the documents creating the homeowners association.

(r)

The preliminary plans for townhouses, row houses and other attached single-family dwellings shall be accompanied by a copy of the proposed restrictions, covenants, easements and homeowners association documents.

(s)

The preliminary plans shall also indicate the height above sea level for the project site, and shall indicate whether or not any of the project area is within an area of environmental concern as defined under the Coastal Area Management Act.

5.1.

After the application for a group housing project has been filed with the Indian Beach Planning Department accompanied by the preliminary plans and other documents as required by this Ordinance, the following procedure shall be followed with regard to the review, approval or denial of the plans and permit for a group housing project:

(a)

Upon the filing of the application for a group housing project permit accompanied by the preliminary plans and other documents as required by this Ordinance, the Indian Beach Planning Department shall provide the Indian Beach Building Inspection Office, Indian Beach Electrical Inspector, Carteret County Fire Marshal, Indian Beach Minor Permit Officer and the Carteret County Health Department with a copy of the application, preliminary plans and other documents.

(b)

Within seven (7) days following the filing of the application for a permit and the preliminary plans and other documents, the Indian Beach Town Board shall notify the Development Review Committee of the date, location and time for a meeting to review the preliminary plans and documents submitted with the application. The Development Review Committee shall be composed of the Indian Beach Planning Director, a representative of the Indian Beach Building Inspection Department, the County Fire Marshal, the Indian Beach Minor Permit Office, the Indian Beach Electrical Inspector, a representative of the County Health Department and other affected agencies, all of whom shall then meet at the date and time specified to review the permit application and the preliminary plans and documents accompanying the application for a permit.

(c)

The development review team shall ensure that the preliminary plans, application for a permit and documents accompanying the preliminary plans contain all the information required by this Ordinance and comply with the design standards and specifications of this Ordinance.

(d)

The Carteret County Health Department shall review the plans and application to determine if the water system and the sanitary sewerage system have been approved by the applicable state and federal agencies having regulatory authority over said systems, or in the event the water and/or public sewerage system does not come under the jurisdiction of the state and federal agencies, then the Carteret County Health Department shall review the water and sewerage system plans to ensure that said systems meet the rules and regulations of the Carteret County Health Department and the rules and regulations of the State of North Carolina.

(e)

The Indian Beach Electrical Inspector and the Indian Beach Building Inspector shall review the application and plans to determine if the proposed electrical system and the proposed buildings and structures as shown on said plans meet the requirements of the state and/or county electrical and building codes.

(f)

The Indian Beach Minor Permit Officer shall review the plans to determine if a major or minor permit is needed under the Coastal Area Management Act for the project prior to submission of the plans and application for a group housing project to the Indian Beach Planning Commission.

(g)

The County Fire Marshal shall review the plans and application to determine if the plans meet the State Fire Code, and in conjunction with the Town Building Inspector, to determine whether or not the North Carolina Department of Insurance is required to review the plans prior to construction.

(h)

Each agency reviewing the application for a group housing project permit and the preliminary plans and documents attached thereto shall submit their comments and recommendations to the Indian Beach Planning Board. In the event any reviewing agency shall find deficiencies in the review of the plans for the group housing project, that agency shall notify in writing the developer and the Indian Beach Planning Board.

(i)

In the event one or more agencies reviewing the plans and application for a group housing project find deficiencies in the plan, then the developer may appeal the deficiencies to the Indian Beach Planning Board and request approval of the application and preliminary plans. In the event the Indian Beach Planning Board finds that the deficiencies as set forth in the agency's report do in fact exist, then the application for a group housing project permit shall be denied and the developer shall be informed of the denial so that the deficiencies may be corrected.

(j)

Upon receiving written notification of the approval of all agencies involved in the review of the application for a group housing project and the preliminary plans and documents attached thereto, the Indian Beach Planning Board shall review the application for a group housing project permit, the preliminary plans and the documents submitted with the preliminary plans, and in the event the Indian Beach Planning Commission finds that the group housing project complies with the requirements of this Ordinance, then the Indian Beach Planning Commission shall grant approval and shall recommend to the Indian Beach Building Inspector's Office that a permit be issued. In the event the Indian Beach Planning Commission fails to grant approval of the preliminary plans and the application for a group housing project permit, and fails to issue a construction permit for the project, then the applicant shall have thirty (30) days following written notification of the decision of the Indian Beach Planning Commission in which to appeal to the Carteret County Superior Court.

6.1.

After approval of the preliminary plans for a group housing project by the Indian Beach Planning Commission, the Indian Beach Building Inspector is authorized to issue a construction permit. The construction permit authorizes the developer to proceed with the development and construction of the group housing project pursuant to the approval of the application and the preliminary plans and documents as submitted by and approved by the Indian Beach Planning Commission. During the construction phase all field work shall be in accordance with the approved plans. It shall be the responsibility of the developer of the group housing project to inform the various inspection officials as to the progress of field work so that timely inspections may be made.

6.2.

The Indian Beach Building Inspection Office is authorized to issue a certificate of compliance and occupancy after the project is complete pursuant to the terms of this Ordinance and the plans and application as approved by the Indian Beach Planning Commission. The Certificate of compliance and the certificate of occupancy shall be issued only after the enforcement officer is satisfied that all work has been executed as outlined in this Ordinance and in accord with the preliminary plans and documents submitted to and approved by the Indian Beach Planning Commission.

7.1.

All group housing projects shall adhere to and comply with the following design standards:

(a)

All group housing projects, unless otherwise provided in Section 7.8 below, shall contain a minimum of three (3) acres and also contain a minimum frontage on the public right-of-way of thirty (30) feet.

Editor's note— [Text of this subsection was amended by Ord. of 10-11-2021 .]

(b)

Condominium projects shall adhere to the following design standards:

(i)

The number of units per acre shall be based on the following formula:

2,420 square feet of land for each 1 BR unit 18 max. units per acre.

2,722 square feet of land for each 2 BR unit 16 max. units per acre.

3,111 square feet of land for each 3 BR unit 14 max. units per acre.

3,630 square feet of land for each 4 BR unit 12 max. units per acre.

(ii)

Natural area See Environmental Protection Ordinance (Article I-A of this Zoning Ordinance).

(iii)

Minimum front yard (primary road): 50 ft. setback 30 ft. secondary.

(iv)

Minimum rear yard: 20 foot setback plus an additional 5 feet for each additional story above 2.

(v)

Minimum side yards: 15 foot setback plus an additional 5 feet for each individual story above 2.

(vi)

Minimum distance between principal buildings: 20 feet landscaped with open access.

(vii)

Side yards abutting a street shall have a 20 foot setback.

(viii)

(a) Maximum height: 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 30 feet or above.

(ix)

Parking spaces - As per Parking Ordinance.

(x)

Front, rear and/or side yard requirements may be varied by the Board of Adjustment provided the Board of Adjustment finds that it is in the best interest of the overall plan and provided it will not have the effect of nullifying the intent of this Section.

(xi)

Upon approval by the Board Adjustment the height limitation may be varied.

7.2

Attached Single-Family Dwellings.

(a)

For townhouses, row houses and other attached single-family dwellings other than condominiums, the following design standards and area requirements shall be adhered to and complied with:

(i)

Maximum number of dwellings per acre: 8 dwellings.

(ii)

Lots:

-

Maximum lot coverage of each single-family dwelling unit: 20 percent of lot.

-

Minimum lot width for interior lots: 24 feet.

-

Exterior lots (end or corner): 35 feet.

(iii)

Minimum side yards for exterior or corner lots: 25 feet.

Minimum side yards for lots not abutting a street: 20 feet.

(iv)

Minimum rear yard: 20 feet.

(v)

Minimum front yard (primary road): 50 feet.

(vi)

Parking - as per Parking Ordinance.

(vii)

Maximum height shall be limited to two stories or 35 feet, whichever is greater.

(viii)

Upon approval by the Board of Adjustment, the height limitations may be waived.

7.3

Construction, Property Lines and Common Ownership.

(a)

Construction of attached single-family dwelling units permitted under this Section shall be as a project and shall not be as individual units. The number of attached single-family dwelling units approved for the construction permit shall be completed as one group or project. Any additional dwelling units to be attached may be permitted at a later time, but requirements for end, corner or exterior lots, as stated in this Ordinance, shall be met.

(b)

All side property lot lines shall be identified by planting of small trees and/or shrubs; the erection of wood fences approved by the Planning Commission; the construction of permanent concrete markers or any combination of the above required means of identification of side property lines.

(c)

Common ownership of property in a row house development may include: Brick walls separating the attached single-family dwelling units in a row. Shrubs, trees, fences and/or permanent concrete markers or monuments which are required and served as side lot line identification.

7.4

No subsequent revision in the site plan shall be made without approval of the Board of Commissioners.

7.5

Any piece of property separated by a primary road shall be treated as two (2) separate pieces of property for purposes of dimensional requirements, use requirements, density requirements, and other reservations concerning group housing projects.

7.6

Any area required to be left as open or undisturbed area shall not thereafter be changed.

7.7

Minimum size of living unit. Living units shall meet the following minimum space requirements, exclusive of porches:

(a)

Motel, hotel and similar one room with bath units: 350 square feet.

(b)

Apartment, condominiums and other multiple living units designed for residential use, either temporary or permanent, other than as provided in (a), above:

(i)

Efficiency units: 400 square feet.

(ii)

One-bedroom units: 600 square feet.

(iii)

Larger units: 600 square feet plus 150 square fee for each bedroom in excess of 1.

7.8

Group Housing Project in B-1 Zoning District - Mixed Residential Unit Development.

(a)

For Group Housing Projects located within the B-1 zoning District in which a Mixed Residential Unit Development is proposed, the following provisions shall apply and supersede other provisions above.

(b)

Front and Side Setbacks shall refer to the overall proposed development property perimeter setbacks for structures.

(i)

Front Setback on Primary Road - 50 feet, Secondary Road - 30 feet

(ii)

Side setback for development area shall be 15 feet plus an additional 5 feet for each individual story above 2.

(iii)

Interior minimum building setbacks, front, rear and side do not apply except for the separation requirements of the NC Residential Code for One and Two-Family Dwellings.

(iv)

Building Separation shall be in accordance with NC Residential Building Code for One and Two-Family Dwellings or the NC Building Code.

(v)

Parking spaces shall be provided at a rate of 2 spaces per residential unit.

(vi)

Offsite parking may be provided to meet the required parking spaces if they are under the control of the developer, located upon property owned by the developer, and both are subsequently conveyed and turned over to the Homeowners Association or the Owners Association. The properties for offsite parking shall be contiguous with the exception that a public road right of way can separate the parcels.

(vii)

Water and Sewer Service shall be provided in accordance with State and county rules and regulations.

Editor's note— [Section 7.8 added by Ord. of 10-11-2021 .]