The Town Manager or the Building Inspector is hereby authorized and it shall be his duty to enforce and administer the provisions of the Ordinance. While each has concurrent jurisdiction, with respect to land use matters the Town Manager may assume sole jurisdiction. For matters involving the N.C. State building code, the Building Inspector will have a sole jurisdiction.

(1)

Procedure for Approving Unlisted Uses. Where this Ordinance does not list a use as a permitted or special use in a zoning district, and such use is also not prohibited or restricted by this Chapter or elsewhere in the Town Code, the Town Manager upon application for a building permit or any permit required under this Chapter may allow the unlisted use if the criteria of subsection (2) below are met and he determines that the proposed unlisted use:

a.

has an impact that is similar in nature, function, and duration to the permitted or special uses allowed in the specific zoning district where the unlisted use is proposed, and

b.

has no adverse impact on neighboring properties or the public interest greater than adverse impacts of permitted or special uses in the zoning district where the property is located.

In considering a permit for an unlisted use, the Town Manager shall give due consideration to the intent of this Chapter and other provisions of the Town Code concerning the district(s) involved, the character of the uses specifically identified, and the character of the use(s) in question.

(2)

Criteria for Approving Unlisted Uses.

a.

Option to Schedule a Hearing. The Town Manager may, but is not required to, schedule a hearing on the application. If he schedules a hearing, at least two weeks prior to the hearing, he shall mail a notice of the hearing to the adjacent property owners by regular first class mail using the names and addresses for such owners as contained on the Carteret County GIS website. In deciding whether to call for a hearing, the Town Manager shall consider whether it is likely the application will be of concern to neighboring owners, and if so believes, he should call for a hearing and give notice.

b.

Parties in Interest. Whether the Town Manager calls for a hearing on the application, adjacent property owners, and the Town of Indian Beach are deemed to be interested parties and shall have standing to appeal the Town Manager's decision to the Board of Adjustment.

c.

Criteria. In order to determine that the proposed use has an impact that is similar in nature, function, and duration to the permitted or special uses allowed in the specific zoning district where the property subject to the unlisted use is located, the Town Manager shall assess all relevant characteristics of the proposed use, including but not limited to the following:

(i)

The volume and type of sales, retail, wholesale; size and type of items sold and nature of inventory on the premises; and

(ii)

Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, distribution; any dangerous, hazardous, toxic, or explosive materials used in the processing; and

(iii)

The nature and location of storage and outdoor display of merchandise; enclosed, open, inside or outside the principal building; and predominant types of items stored (such as business vehicles, work-in-process, inventory, and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders); and

(iv)

The type, size and nature of buildings and structures; and

(v)

The number and density of persons who will occupy, visit or attend the use; and

(vi)

Vehicular and pedestrian traffic including types of vehicles conveying persons or property to a use and characteristics of traffic generation to and from the site; and

(vii)

Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other uses; and

(viii)

The amount and nature of any adverse impact generated from or accessing the premises, including but not limited to noise, smoke, odor, lighting, glare, vibration, radiation and fumes; and

(ix)

Any special public utility requirements for serving the proposed use, including but not limited to water supply, waste water output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and

(3)

Determination by the Town Manager. All determinations by the Town Manager made pursuant to this ordinance be in writing.

(4)

Appeal of Determination of the Town Manager. Within 30 days of issuance, the determination of the Town Manager may be appealed to the Zoning Board of Adjustment pursuant to the procedures set forth Article VIII of this Ordinance; however, notwithstanding any provisions of this Ordinance or the General Statutes to the contrary (a) the review by the Board of Adjustment shall be de novo, and (b) adjacent owners and/or the Town of Indian Beach will have standing to appeal and/or participate in the appeal even if they did not participate at the Town Manager decision level.

(5)

Town Manager Initiation of Amendment. The Town Manager shall initiate a proposed amendment to this Chapter if the particular unlisted use or category of use(s) is likely to be common or to recur frequently.

(6)

Uses Deemed Prohibited. Uses of land that are not listed as permitted or special uses in the zoning district where the land is located, or that are not approved by the Town Manager under this section, are prohibited. Application under this section for approval of an unlisted use, and appeal of an adverse ruling to the Board of Adjustment, shall be deemed an essential administrative remedy, without prejudice to an owner's right to apply for a text change amendment to this Chapter in an effort to have a specific use added as a permitted or special use, or to apply to have his property zoned to a conditional use district where his proposed use may be permitted.

( Ord. of 2-8-2017 , Pt. I)

Editor's note— [ An ordinance adopted Feb. 8, 2017, Pt. I, did not specify manner of inclusion; hence, codification as art. VII, § 1A was at the discretion of the editor.]

2.1

No building or other structure shall be erected, moved, extended, or enlarged, or structurally altered, nor shall any excavation or filling of any lot for the construction of any building be commenced until the Building Inspector has issued a building permit for such work.

2.2

All building permits shall be displayed prominently at the building site.

2.3

Mobile homes moving into or within the Town of Indian Beach are required to have entry or relocation permits as the case indicates.

3.1

Each application to the Building Inspector for a building permit shall be accompanied by plot plans in duplicate showing:

(a)

The actual dimension of the lot to be built on.

(b)

The size of the building to be erected.

(c)

The location of the building on the lot.

(d)

The location of existing structures on the lot, if any.

(e)

The number of dwelling units the building is designed to accommodate.

(f)

The approximate setback lines of buildings on adjoining lots.

And, such other information as may be essential for determining whether the provisions of this Ordinance are being observed.

3.2

Any building permit issued shall become invalid unless the work authorized by it shall have been commenced within six (6) months of its date of issue or if the work authorized by it is suspended or abandoned for a period of one (1) year.

3.3

Applications for an issuance of building permits for construction of group housing projects shall be in accordance with the provisions of Article VI of this Ordinance. However, subsection 3.2 of this Article VII shall apply to group housing projects.

4.1

A Certificate of Occupancy issued by the Building Inspector is required in advance of:

(a)

Occupancy or use of a building hereafter erected, altered or moved.

(b)

A change of use of any building or land.

4.2

A certificate of Occupancy, either for the whole or a part of a building, shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alterations of such building, or part, shall have been completed in conformity with the provisions of this Ordinance. If the Certificate of Occupancy is denied, the Building Inspector shall state in writing the reasons for refusal and the applicant shall be notified of the refusal.

4.3

A record of all certificates shall be kept on file in the Office of the Building Inspector , and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved.

5.1

Violators of this ordinance are subject to the penalties and enforcement actions provided in Article III of the Indian Beach Town Code.

5.2

Notwithstanding any provision to the contrary in this Ordinance or the Indian Beach Town Code, the following are separate offenses:

a.

The destruction of a tree or shrub with a trunk of 3 inches in diameter or greater at grade.

b.

The clear cutting of vegetation in each separate square yard of property.