(A) The purpose of this chapter is to:

      (1)   Mitigate damage to property caused by flooding;

      (2)   Reduce pollutants and ecological hazards;

      (3)   Reduce existing and future maintenance of, and capital expenditures for, stormwater drainage systems;

      (4)   Cooperate in the coordination of related goals expressed by state and federal regulations and that require certain actions with regard to but not limited to stormwater management, soil erosion and sedimentation control and floodplain management;

      (5)   Guide growth in an orderly manner consistent with the Kill Devil Hills Land Use Plan; and

      (6)   Encourage nonconforming sites to comply as much as practicable when a change of use or alteration occurs.

   (B)   All commercial development (new or substantial improvements) and one or two-family dwellings greater than 6,000 square feet lot coverage (new or substantial improvements) shall provide a comprehensive plan for the proper drainage of all surface water to systems on and off the property in question. The design criteria as stated in the following divisions or that as may be specified by state or federal agencies, whichever is the most restrictive, will be used. Every reasonable effort will be made to retain a maximum of the runoff on site to the extent feasible and practical. The Stormwater Management Plan shall be certified by a North Carolina registered design professional for compliance to requirements of this section.

   (C)   All surface water drainage into the site being developed or generated on said site must be accommodated in accordance with these guidelines. All surface water drainage leaving the site shall be channeled to points of approved discharge, including but not limited to, a natural or man-made watercourse, a lake, pond, ditch, stormwater drainage system, or other appropriate and approved points of discharge. Filling of a natural or man-made watercourse, lake, pond, ditch, stormwater drainage system is hereby permitted if it meets the following requirement: A plan must be submitted to the town sealed by North Carolina Licensed Engineer demonstrating that such project will not diminish the town's ability to manage stormwater.

   (D)   No surface water shall be channeled or directed into a sanitary sewer or septic tank system. Distances between open ditches and septic tank systems must be specified on the plans and approved by the Dare County Sanitarian. This approval must be obtained by the developer prior to approval of the drainage system by the town.

   (E)   For management and control of stormwater runoff, techniques such as but not limited to retention, detention and infiltration systems will be used.

   (F)   The drainage design criteria for open and closed drainage systems shall conform to generally accepted stormwater engineering practices.

   (G)   Development plans shall show the flow direction of stormwater on and off the property; size, slope, invert and rim elevations of system components; and ditch cross sections in the vicinity of the development and/or to a distance as is necessary to evaluate the impact of runoff to existing surface water drainage systems.

   (H)   Drainage calculation, drainage area maps, flood routing calculations, infiltration calculations, storm sewer back water curve calculations and other information that may be required from time to time shall accompany or be a part of site plans submitted.

   (I)   Estimated runoff calculations may be computed by the Rational Method (Q=CIA) (see below) or other approved methodologies. Sizing of structures will be based on the Manning Equation. Culverts shall be evaluated for inlet and outlet control as necessary.

      (1)   Q means flow in cubic feet per second.

      (2)   C means runoff coefficient.

      (3)   I means rainfall intensity in inches per hour.

      (4)   A means drainage area in acres.

   (J)   Systems shall be designed to retain, as a minimum, runoff expected from a ten-year, two-hour storm (4.3 inches of rainfall). There may be some situations which would warrant a different requirement due to the size of the system. The design engineer will contact the town planning staff in the preliminary design stages to determine if a change is warranted.

   (K)   A modified rational method hydrograph procedure may be used in sizing retention and detention systems for sites up to one acre in size. For sites greater than one acre, a runoff hydrograph shall be computed using the tabular method as defined in the most recent edition of SCS TR-55 or other accepted engineering analysis.

   (L)   All underground storm sewers, open drainage ways and related structures shall be constructed to the applicable provisions of the most recent edition of Roadway Standard Drawings and Standard Specifications for Road and Structures produced by the North Carolina Department of Transportation.

   (M)   During the construction, preparation, arrangement and installation of improvements and facilities in developments, the developer shall maintain each stream, creek, ditch or channel contiguous to or located within the subdivision in an unobstructed state and shall remove from such watercourses and the banks of the watercourses all debris, logs, timber and other accumulations that would, in time of flood, clog or dam the passage of waters in their downstream course. Installation of appropriately sized conduits, culverts, bridges or other required structures shall not be constructed in a way which will obstruct the flow of drainage.

   (N)   During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this chapter, the Act or any order adopted pursuant to this chapter or the Act. After site development, the landowner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sedimentation control measures, except those measures installed within a road or street right-of-way or easement accepted for maintenance by a governmental agency.

   (O)   Whenever the town determines that significant sedimentation is occurring as a result of land-disturbing activity, despite application and maintenance of protective practices, the person conducting the land-disturbing activity will be required to and shall take additional protective action.

   (P)   In all cases, including one- and two-family dwellings, the developer shall be required to provide culvert pipes, swales, any improvements in the adjoining right-of-way and other related drainage improvements as required by the Public Services Department. Such improvements must be in place and inspected for compliance and completion by the Public Services Department before a Certificate of Occupancy is issued.

      (1)   All features of the approved stormwater management plan must be regularly maintained and repaired as necessary in order for the system to function as originally designed and shall comply with the criteria of the North Carolina Division of Water Quality Stormwater Design Manual (current edition).

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 02-08, passed 6-10-02; Am. Ord. 14-09, passed 5-12-14; Am. Ord. 17-9, passed 9-11-19; Am. Ord. 18-4, passed 6-14-21)

   (A)   Purpose.

      (7)    The Town Department of Planning and Inspections will review each plan submitted to them and within 30 days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations or disapproved. Failure to approve or disapprove a complete erosion and sedimentation control plan within 30 days of receipt shall be deemed approval. Denial of a plan will specifically state in writing the reasons for denial. The town will approve or deny a revised plan within 15 days of receipt or it is deemed to be approved. If, following commencement of a land-disturbing activity pursuant to an approved plan, the town determines that the plan is inadequate to meet the requirements of this section, it require such revisions as are necessary to comply with this section.

 

 

 

(Ord. 91-08, passed 11-18-91; Am. Ord. 95-11, passed 11-15-95; Am. Ord. 00-01, passed 1-10-00; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 08-11, passed 3-26-08; Am. Ord. 17-15, passed 2-12-20; Am. Ord. 18-4, passed 6-14-21)

   (A)   Each application for site plan review shall be accompanied by plans of the proposed methods of sewage disposal with an approval or tentative approval by the appropriate county or state agencies having jurisdiction of such facilities over the land being developed. The plans submitted shall be of sufficient detail to demonstrate compliance with applicable sewage disposal regulations and to show the exact location of all subsurface facilities, including but not limited to treatment facilities, tanks, piping, laterals and disposal areas.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord.17-8, passed 9-11-19; Am. Ord. 18-4, passed 6-14-21)

   (A)   Intent and objectives.

      (1)   The intent of this section is to improve the appearance of parking areas and properties abutting public rights-of-way; to provide buffering between noncompatible land uses; to provide spatial separation of land uses; to protect, preserve and promote the aesthetic and visual character of lands particularly adjacent to major thoroughfares; and to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution, air temperature and artificial light glare within the town.

      (2)   Landscaping includes not only trees, shrubbery, grass and ground cover but open paving stones, benches, fountains and exterior lighting fixtures as well. Buildings, vehicles, boats, equipment, parking areas or storage areas shall not be included in required landscaped areas. No more than 20% of a required perimeter landscaped area may be utilized for sidewalks, walkways or private roads. Landscaping standards may be satisfied within required setbacks.

      (3)   Any existing natural landscape shall be preserved whenever possible. Preservation of trees and further landscaping is the goal rather than destruction of existing trees or plant life. The planting of drought-tolerant vegetation common to the immediate natural coastal environment is encouraged to ensure proper plant life development and maturation.

      (4)   While the above objectives are general in form, proper design and location of trees, shrubbery and other landscape amenities will be subject to the town's plan review procedure.

      (5)   Landscaped areas may be used for nitrification fields.

   (B)   Jurisdiction. The requirements of this section shall apply to all zones.

   (C)   Applicability.  All new development and redevelopment shall comply with the requirements of this section, except single-family detached residences and duplexes with less than 6,000 square feet of lot coverage, which shall meet the requirements of division (M) below.

   (D)   Plan review and approval.

      (1)   A landscape plan shall be submitted at the time application is made for site plan approval covering new development or redevelopment.

      (2)   The plan shall include the location and size of all proposed structures or improvements, landscape materials, including botanical and common names, and all existing vegetation by their common names as specified by the following:

         (a)   A tree survey: show all existing trees which have a diameter of six inches or greater, measured three feet from the base and also all major vegetation with an index of those trees and vegetation;

         (b)   Total site area;

         (c)   Parking area;

         (d)   Landscape area required and provided for in the project;

         (e)   Number of trees which are provided for the project;

         (f)   Irrigation plan, if any;

         (g)   Total amount of interior landscaped area.

   (E)   Parking lot landscape requirements.

      (1)   If more than 40 parking spaces are provided, landscaping of 10% of the total parking areas, including aisles, shall be required. This landscaping shall be established within the interior of the parking lot.

      (2)   The interior landscaped areas shall be located in a manner that:

         (a)   Assists and helps to control the movement of vehicular and pedestrian traffic;

         (b)   Provides visual relief from a large expanse of paving;

         (c)   Preserves existing trees, where possible; and

         (d)   Screens loading and service areas.

      (3)   A landscaped aisle shall be provided at the end of each parking row adjacent to the travel lane serving the parking aisle.

      (4)   In order to encourage the required landscaped areas to be properly dispersed, no required landscape area shall be larger than 350 square feet unless a larger area is necessary to save or protect existing vegetation.

      (5)   Interior landscaped areas shall contain a minimum of 75 square feet. Within these landscaped areas there shall be a minimum of one small tree per ten parking spaces in addition to other plant materials and ground cover. See division (L) of this section and Appendix A of this chapter.

      (6)   Required perimeter landscape areas shall not be used in the calculation of required interior landscape areas.

         (c)   No vehicles, motor or otherwise, shall be parked on landscaped areas. In all cases where a fence is constructed, the required landscaped area shall be located between the fence and property line. No temporary signs or other structures shall be placed on any landscaped area without issuance of a permit by the Building Inspector or Zoning Administrator.

   (G)   Grass and ground cover. Ground cover shall be placed or planted on all disturbed portions of exposed ground or earth not occupied by natural or other landscape material.

   (H)   Screening of refuse containers.

      (1)   All dumpsters shall be screened on three sides by a fence. The screening shall exceed the height of the intended container by 12 inches.

      (2)   The opening for the removal of trash pickup shall allow for a clearance of 12 inches on each side of the container and 24 inches at the rear of the container. Design shall be approved by the Department of Public Services, Public Works Division.

   (I)   Landscaping at driveways and intersections.

      (1)   A minimum sight triangle shall be maintained at all driveways and street intersections. Within the sight triangle, no plant material, signage or any other obstruction shall interfere with an individual's vehicle sight line. No plant material shall exceed 30 inches in height at maturity; trees shall be trimmed so that branches are at least seven feet above curb level.

      (2)   The minimum sight triangle for driveways shall be 10 feet by 20 feet on each side of the driveway and shall be measured as follows:

         (a)   Begin at the point where the edge of the driveway intersects with the street right-of- way line;

         (b)   From this point, measure 20 feet along the street right-of-way line, away from the driveway edge;

         (c)   From the same point, measure ten feet toward the interior of the property, along the driveway edge;

         (d)   Connect the two points established by the above method to form the required sight triangle.

      (3)   The minimum sight triangle required at street intersections, other than those that intersect state-maintained roads, shall be 20 feet by 20 feet and shall be measured as follows:

         (a)   Begin at the property corner point where the right-of-way lines of both streets intersect;

         (b)   From this point, measure 20 feet along the right-of-way line in each direction;

         (c)   Connect the two points established by the method above to form the required sight triangle.

   (J)   Irrigation.

      (1)   All required landscape areas shall be irrigated or utilize plants which are drought tolerant.

      (2)   Irrigation plans shall be submitted for review. This is in addition to the landscaping plan. Irrigation plans shall show location, size and type of sprinkler heads and whether the system is automatic or manual.

      (3)   Irrigation systems shall minimize spray onto any pedestrian or vehicular access or abutting property.

      (4)   Water preservation should be considered in the design of all irrigation systems.

      (2)   Replacement of plant material shall occur only after approval of a landscaping plan by the zoning official of the town.

      (3)   A vegetative buffer which has been in place for three years or more, as set out in division (F)(2)(a) of this section, shall be replaced with plant material that meets the minimum maturity requirements set out in this chapter. An exception will be made when vegetation is damaged or destroyed by fire, flood, hurricane or other acts of God when the damage or removal was not caused by or contributed to by the owner, occupant or user, and shall be replaced with plants that meet minimum requirements of this code after approval of a landscaping plan by a zoning official.

   (L)   Plant material.

      (1)   No artificial plant life or other facsimile shall be permitted except by prior approval. Suggested plant lists are provided in Appendix A, Table A and Table B, which give numerous choices as to the type of plants native to the area which best suit the climatic conditions. These choices are recommended suggestions.

      (2)   Plants shall be sufficiently sized to ensure screening within three years. Where a vegetative screen is required, plant materials shall be sufficiently sized as practicable to ensure obscurity within three years. Seedling plants may be used where berms or structures are required or where the proposed use is contiguous to a street or vacant land that does not have proposed development in the review process. (See Appendix A).

      (3)   On a corner lot which abuts a state maintained right-of-way in any district, no planting, structure, sign, fence, wall or other obstruction to vision more than three feet in height shall be placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line connecting a point ten feet from the intersection along the intersecting street with a point 70 feet from the intersection along the state maintained right-of-way.

   (M)   Tree preservation within town rights-of-way.

      (1)   The town may remove existing trees within town rights-of-way.

      (2)   Property owners or their agents may also remove trees within town-owned rights-of-way as follows:

         (a)   The installation of a driveway(s) shown on an approved site plan with the prior written permission of the town.

         (b)   With an approved restoration plan showing the replacement of removed trees at a one to one ratio or in compliance with division (F)(2)(b) and Appendix A.

         (c)   With an approved plan for tree thinning or removal of dead or deceased trees.

      (3)   An on-site meeting with the owner or their agent shall be held with a member of town staff to identify all trees to be removed. Trees marked for removal shall be noted on the site plan and flagged on site. The Planning and Inspections Department shall issue a tree removal permit after approval of the site plan. The permit will expire 180 days from the date of issuance. (Brush, vines and trees with less than a two-inch diameter measured at four and a half feet existing grade may be removed without restriction.)

      (1)   All appurtenances, facilities or structures shall not be visible from ground level to a point eight feet above ground level.

      (2)   Buffers shall consist of trees or shrubs permitted in Appendix A of this chapter.

      (3)   Plants shall be of a size and planted at such intervals that they will reach full maturity and/or provide the full screening required herein within three years from the date of the completion of construction of such appurtenance, facility or structure.

      (4)   The franchisee for such gas utility system shall keep, replace and maintain the vegetative buffer required herein such that at all times the vegetation is alive and, after the first three years, that the full eight foot buffer is at all times in place.

      (5)   Failure to comply with the terms of this section, in addition to any other remedies available under the provisions of the town code, the town may plant or replace such vegetative buffer to comply with the terms of this section and all costs thereof shall be charged to franchisee.

(Ord. 91-08, passed 11-18-91; Am. Ord. 97-14, passed 1-12-98; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 05-04, passed 4-11-05; Am. Ord. 05-05, passed 5-25-05; Am. Ord. 13-6, passed 5-13-13; Am. Ord. 14-08, passed 5-12-14; Am. Ord. 14-15, passed 7-14-14; Am. Ord. 17-20, passed 5-27-20; Am. Ord. 18-4, passed 6-14-21)

   (B)   Lighting plan. The town shall require an outdoor lighting plan produced by an engineer or architect licensed to practice in the State of North Carolina. The plans must include the stamp/seal, license number and signature of the engineer or architect responsible for the plan and shall be required as part of the site plan review process.

   (C)   Inspection required. All outdoor lighting fixtures may be subject to annual inspection by the Planning and Inspections Department to assure that the fixtures are in compliance with these provisions. When a fixture fails to comply, the Planning and Inspections Department shall give written notice to the owner of the site on which the fixtures are located stating that the fixture shall be brought into compliance or removed at the owner's expense within 30 days of receipt of the notice.

   (D)   Lighting prohibited.

      (1)   No fixture shall be erected which is an imitation of an official highway or traffic-control light or sign.

      (2)   No fixture shall be in a direct line of vision with any traffic-control sign or light.

      (3)   No fixture shall have a flashing or intermittent pattern of illumination.

      (4)   No fixture shall be located within a public right-of-way unless approved by the Department of Public Services, Public Works Division.

      (5)   No fixture shall be erected, either indoors or outdoors, which because of the design of light source, orientation or intensity causes glare onto adjacent property or streets.

      (6)   Search lights are prohibited except when used by federal, state or local authority.

      (7)   No fixture shall violate any law of the State of North Carolina relative to outdoor lighting.

      (8)   All neon lighting is prohibited except as allowed in § 153.077;

      (9)   Light fixtures shall not exceed building height limits for the zone in which they are constructed except that accredited school athletic facilities may not exceed a height of 90 feet.

   (E)   General provisions.

      (1)   All lighting new and existing shall be brought into compliance within three years of February 28, 2001.

      (2)   When placed in a cluster the combined wattage shall not exceed the permitted footcandle level for the object or area they are designed to illuminate.

      (3)   All light produced on-site shall be contained within the perimeter of the site by design, orientation or shielding of the light source.

      (4)   All wiring for outdoor lighting shall be placed underground.

      (5)   Principal buildings in commercial or industrial use shall be lighted on all sides for security at the permitted intensity shown in the table below.

      (6)   Lighting fixtures shall be designed to withstand a maximum wind velocity of 110 miles per hour and in no case shall exceed the allowable building height limit.

      (7)   The following average footcandles or lighting intensity levels shall be maintained: (Changes to the intensity levels may be effected by the Board of Commissioners for good cause shown.)

 

      (8)   With any 1,000 square foot area, lighting intensity levels cannot exceed twice the maximum footcandle allowed for the respective use.

(Ord. 91-08, passed 11-18-91; Am. Ord. 99-04, passed 2-8-99; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 02-10, passed 6-26-02; Am. Ord. 06-19, passed 8-14-06; Am. Ord. 13-3, passed 3-20-13; Am. Ord. 18-4, passed 6-14-21)

   (A)   Intent. The purpose of this section is to establish general guidelines for the siting of telecommunications towers and antennas. The goals of this section are to:

      (1)   Encourage the location of towers in nonresidential/nonhistorical areas and minimize the total number of towers throughout the community;

      (2)   Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;

      (3)   Strongly encourage the joint use of new and existing tower sites;

      (4)   Encourage the location of telecommunications towers and antennas, to the extent possible, in areas where the adverse impact on the community is minimal;

      (5)   Encourage the location of telecommunications towers and antennas in configurations that minimize the adverse visual impact of the towers and antennas; and

      (6)   Whenever possible, prioritize space on towers for public purpose use.

   (B)   Application procedures and site plan requirements.

      (1)   Communication companies are encouraged to locate telecommunications antennas on or in structures other than a tower. The structures may include church steeples, transmission line towers, utility/light poles, water towers and the like hidden in such a manner so as to not be readily visible (stealth). Where such facilities are not available, co-location of facilities is encouraged.

      (2)   When a new tower is proposed to be sited, a determination of whether the location will provide a minimal level of coverage vs. optimal coverage shall be taken into consideration. The following standards shall be used in the approval of the siting of new towers:

         (a)   Each applicant for approval of an antenna and or a tower shall provide to the Planning Department an inventory of its existing antennas and towers that are within 1,000 feet of the proposed site, including specific information about the location, height and design of each tower or antenna. The applicant should also include potential future tower sites in this inventory.

         (b)   Evidence that the applicant has investigated the possibilities for locating the proposed facilities on an existing tower, the use of stealth technology or location in another zoning district where the tower would be permitted as an administratively approved use. Such evidence shall consist of copies of letters sent to owners of all existing towers within a radius of one mile of the proposed site, requesting the following information:

            1.   Tower height;

            2.   Existing and planned tower users;

            3.   Statement as to whether the existing tower could accommodate the proposed antenna without causing instability or radio frequency interference and if the proposed antenna cannot be accommodated on the existing tower;

            4.   Statement as to whether the existing tower could be structurally strengthened to accommodate the antenna; and

            5.   Related equipment which could be protected from electromagnetic interference and a general description of the means and projected cost of shared use of the existing tower.

         (c)   A copy of all responses within 30 days from the mailing date of the letter required by subsection (2)(b) of this section.

         (d)   A summary explanation of why the applicant believes that the proposed facility cannot be located on an existing tower.

         (e)   A summary explanation of why the applicant believes that the use of an alternative tower structure is not possible.

         (f)   A blue line survey prepared by a licensed North Carolina surveyor showing the location of all existing property lines and improvements within a radius equal to the height of the proposed tower and all proposed improvements, including the tower, antennas, accessory structures and equipment. In addition, the survey must detail all proposed vegetation removal activities, including an inventory of existing trees to be removed.

         (g)   Drawings of all proposed towers, antennas and accessory structures and equipment indicating elevations, height, colors and design.

         (h)   Documentation provided by the applicant that the proposed tower and all antennas and equipment comply with all applicable Federal Communications Commission (FCC) regulations. In order to protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide documentation indicating that the power density levels do not exceed levels permitted by the FCC.

         (i)   Documentation provided by the applicant that the proposed tower, antennas and equipment meet Federal Aviation Administration (FAA) aviation and navigation requirements. No proposed improvements shall restrict or interfere with air traffic or air travel from or to any existing or proposed airport. No lighting shall project onto any surrounding residential property. To the extent required by the FAA, strobes shall be used for nighttime lighting. Whenever strobes are not required by the FAA, flashing beacons are the preferred type of lighting.

         (j)   A copy of the approved National Environmental Policy Act of 1969 (NEPA) compliance report for all towers, antennas, accessory structures or equipment proposed for the site.

         (k)   Documentation signed and sealed from a North Carolina licensed engineer that the proposed tower and antennas meets the structural requirements of the North Carolina Building Code and the co-location requirements of this section.

         (l)   Written indemnification of the town and proof of liability insurance or financial ability to respond to claims up to $1,000,000 in the aggregate which may arise from operation of the facility during its life at no cost to the town on a form approved by the Town Attorney.

         (m)   Provision of sound engineering evidence demonstrating that location in the proposed district is necessary in the interest of public safety or is a practical necessity.

         (n)   Evidence that the telecommunications tower is structurally designed to support at least one additional telecommunications services provider and an affidavit that the owner of the tower is willing to permit other user to attach communication facilities, on a commercially reasonable basis, which do not interfere with the primary purpose of the tower. The tower owner may require that such other users agree to negotiate regarding reasonable compensation to the owner from any liability that may result from such attachment. The site plan shall indicate a location for at least one equipment building in addition to that proposed for use by the applicant. Priority for co-location on the proposed tower shall be given to antennas that will serve a public safety need for the community.

         (o)   Approval for the proposed tower within a radius of 1,000 feet of an existing tower or other suitable structure (measured in a straight line distance) shall not be issued unless the applicant certifies that the existing tower or structure does not meet the applicant's structural specifications or technical design requirements or that a co-location agreement could not be obtained at a reasonable market rate and in a timely manner.

         (p)   The proposed tower shall be designed to accommodate additional antennas equal in number to the applicant's present and future requirements.

         (q)   In addition to the other considerations of this section, the approving body, in determining whether a tower is in harmony with the area or the effects and general compatibility of a tower with adjacent properties, may consider the aesthetic effects of the tower as well as mitigating factors concerning aesthetics and may disapprove the tower on the grounds that such aesthetic effects are unacceptable. Factors relevant to the aesthetic effects include: the protection of the view in sensitive or particularly scenic areas and areas specifically designated in adopted plans such as unique natural features, scenic roadways and historic sites; the concentration of towers in the proposed area; and whether the height, design, placement or other characteristics of the proposed tower could be modified to have a less intrusive visual impact.

         (r)   The approving body may request the applicant to conduct a balloon height test or similar tests on the proposed tower site to demonstrate the proposed height of the tower.

   (C)   Use guidelines and dimensional requirements.

      (1)   Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot size and coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

      (2)   In order to provide spatial separation and create visual block from adjacent properties and streets, a buffer shall be installed around the outside of all improvements on the site, including the tower and guy anchors, any ground buildings or equipment and security fencing. Ground buildings located in a residential district may be located outside the buffered area if they are constructed so the exterior appearance of the building has the appearance of a residential dwelling, including pitched roof and frame or brick veneer construction. The tower's guy anchors may be screened or fenced separately in order to comply with the requirements of this subsection.

      (3)   The base of the tower and each guy anchor shall be surrounded by a security fence or wall at least eight feet in height, unless the tower and all guy anchors are mounted entirely on a building over eight feet in height. The tower's guy anchors may be screened or fenced separately in order to comply with the requirements of this subsection.

      (4)   No outside storage shall be allowed on any telecommunications facility site.

      (5)   Accessory equipment structures shall not be used as an employment center for any worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.

      (6)   The proposed tower, antenna or accessory structure and equipment shall be placed in a location and in a manner that will minimize the visual impact on the surrounding area.

      (7)   No commercial advertising, company logo or signage shall be allowed on the tower or its related facilities. However, signs shall be posted that list a telephone number for the owner of the proposed tower and "No Trespassing" information. This sign shall be located on the accessory equipment structure, building or fencing and shall not exceed four square feet in area.

      (8)   The proposed tower shall be set back from all publicly owned roads or rights-of-way a distance equal to the tower height divided by three. If visible from any public road or right-of-way, a landscape plan is required indicating how the applicant proposes to screen any accessory structure or equipment from view.

      (9)   Setbacks of the base of the tower from all adjacent property lines shall be one foot for each foot of tower height. To encourage shared use of towers, applications for towers which will operate with more than one user immediately upon completion may have a 15% reduction in the required setbacks, but in no case shall the setback be less than those required for the underlying zoning district. Also, to encourage the construction of monopole structures, monopole towers may have a 25% reduction in the required setbacks. Monopole towers which will immediately operate with more than one user may have a 40% reduction in the required setbacks. To encourage location of towers in forested areas with a minimum depth of 65 feet, the tower may have a 20% reduction in the required setbacks. In no case shall the setback be less than those required for the underlying zoning district. The setback reductions shall only be allowed upon a certification by a North Carolina licensed design professional which states that the structure's design and construction are such that, in the event of structural loadings in excess of design and resulting failure or collapse, all portions of the tower will fall within an identified area (the fall zone), and that no buildings or structures on adjacent zoning lots lie within said fall zone. Such certification shall consider potential future structures which may be constructed on such adjacent lots, subject to the limitations of existing setbacks and permanent easements on such lots.

      (11)   The proposed tower shall be set back a distance equal to the tower's height plus 50 feet from any residential structure.

      (12)   Notice shall be provided to the Planning Department when the tower is placed out of service. Towers that are not used for a period of six months or more shall be removed by the owner within 120 days of owner's receipt of notification to that effect. Any tower, antenna, accessory structure or equipment that is not used for communication purposes for more than 120 days shall be considered abandoned and shall be removed by the owner within 60 days of owner's receipt of notification. The Building Inspector may establish a shorter period of time for removal of a tower that is structurally unsound.

   (D)   Nonconforming towers. Continuation, relocation and reconstruction of and enlargements and modifications to towers and associated equipment that do not meet current requirements of this section (towers constructed prior to the effective date of this chapter) are subject to the following requirements:

      (1)   A site plan shall be submitted for any relocation or reconstruction of a nonconforming tower;

      (2)   Increases in height shall not exceed 10% of the height of the tower as it existed in 1999 and shall not equal or exceed a height that would either require a special use permit or would require the tower, if unlit, to add lights;

      (3)   Any relocation or structural change must be on the tower's current site; must eliminate the need for an additional tower or provide both additional co-location opportunities and additional antenna space beyond what is provided by the current tower; and may not change the style of the tower, if the tower is currently a monopole;

      (4)   Any relocation must comply with current setback requirements, if physically possible, or if compliance is not possible, the relocation must not increase the amount by which setbacks are nonconforming, other than increases necessitated solely by changes in size of the base to support the new tower. If the foregoing setback requirements cannot be met, then setbacks may only be decreased by up to 10% of the originally constructed tower height;

      (5)   If a nonconforming tower is damaged beyond 50% of its replacement value, a replacement tower constructed on the same site or lot may not exceed the height of the previous tower and must comply with all requirements of the current provisions, except the requirement for a use permit.

(Ord. 99-09, passed 5-10-99; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 17-2, passed 5-13-19; Am. Ord. 18-4, passed 6-14-21)

         (a)   Adequate pedestrian facilities from the primary structure to the remote parking area shall be provided.

         (b)   Safety lighting shall be provided within the public right-of-way from the primary structure to the remote parking area.

         (a)   Commercial driveways, parking areas and turn around areas shall be made of asphalt, concrete or permeable blocks, pavements, including porous concrete, porous asphalt, concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grids as defined in § 153.180(E)(3)(b). No types of temporary materials, such as landing mats and boards, shall be used for the construction of driveways.

         (b)   Overflow parking areas for commercial sites, in excess of required parking, may utilize grassed or unimproved areas of the site for parking. Parking shall not be allowed in required stormwater, landscaped or wastewater areas. If improvements are made to overflow parking areas standards and materials for required parking areas shall be utilized.

         (c)   Single-family and duplex residential driveway and parking areas can utilize approved commercial materials as in division (7)(a) above or a minimum of four inches of compacted Aggregate Base Course (ABC) with one inch of pea gravel as an approved surface. When ABC pea gravel option is utilized, the following conditions shall apply:

            1.   All improvements in the right-of-way shall meet one of the commercial specifications listed in division (7)(a).

            2.   Loose stone surface shall be bordered by concrete or salt-treated timbers in a manner which retains the stone in the driveway or parking area.

         (d)   Gravel driveways and parking areas shall be allowed in the G&I Public and MFED Zoning Districts for recreational facilities that will be unoccupied.

      (9)   Parking requirement for multifamily and commercial establishments.

         (f)   Special commercial and multi-family entrance requirements - US 158/Croatan Highway. Where a lot abuts U.S. 158/Croatan Highway and does not abut any other dedicated public right-of-way, one entrance shall be allowed consistent with the following dimensional requirements: the width of a commercial driveway shall not exceed 36 feet measured at the property line. The outside radius (R) of an entrance/exit connection shall be a minimum of five feet, not to exceed a maximum of 25 feet.

            1.   Dwellings with four bedrooms or less:

               a.   Driveways and parking areas shall not exceed a single or combined width of 80% of the total lot width, not to exceed 40 feet, whichever is less; and

               b.   Driveways and parking areas shall maintain a minimum of a two-foot side yard setback and must maintain a five-foot setback in rear yards.

            2.   Dwellings with five to ten bedrooms:

               a.   A minimum of one but no more than two paved driveways of at least ten feet in width and not exceeding a single or combined width of 20 feet shall be permitted in this area. Driveway width shall be maintained from the point on entry at the property line for five linear feet. Parking setback shall be equal to the total width of the driveway(s) measured from the property line. Driveways in the required parking setback area cannot be used for calculation of required parking.

               b.   Parking setbacks shall be a minimum of five feet from the property line for both driveways and parking areas.

               c.   Turn around area for properties abutting highways, thoroughfares and/or collector streets shall be within the designated parking area outlined in this section. Driveways with a minimum width of 20 feet may utilize the driveway area within the required setback as the turn around area.

            3.   Dwellings with 11 bedrooms or more:

               a.   A minimum of one but no more than two paved driveways of at least ten feet in width and not exceeding a single or combined width of 20 feet shall be permitted in this area. Driveway width shall be maintained from the point on entry at the property line for five linear feet. Parking setback shall be equal to the total width of the driveway(s) measured from the property line. Driveways in the required parking setback area cannot be used for calculation of required parking.

               b.   Parking setbacks shall be a minimum of seven feet from the property line for both driveways and parking areas.

               c.   Exception: Parking setbacks shall be a minimum of five feet from the property line for driveways, access aisles, and parking areas provided with a clearly marked access aisle including "no parking" with the following design requirements. There shall be a minimum of one access aisle designed open and unobstructed within 20 feet of primary dwelling. Minimum access aisle width shall be ten feet.

               d.   Turn around area for properties abutting highways, thoroughfares and/or collector streets shall be within the designated parking area outlined in this section. Driveways with a minimum width of 20 feet may utilize the driveway area within the required setback as the turn around area.

         (a)   Vehicle accommodation areas, specifically turn around areas, shall be designed so that, without resorting to extraordinary movements, vehicles may exit such areas without backing onto a public street.

         (b)   Vehicle accommodation areas of all development shall be designed so that sanitation, emergency, and other public service vehicles can serve such developments without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements.

         (c)   Circulation areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas.

         (d)   Spaces for restaurant employee parking may be arranged in a stacked configuration (spaces one in front of another) not to exceed 15% of the total required spaces. Stacking may not be deeper than two spaces, both of which shall be considered stacked. Signs shall indicate the location of employee parking spaces.

      (1)   All developments in all zoning districts shall provide the number of parking spaces, as specified in the Table of Parking Requirements, to accommodate the number of vehicles that are likely to be attracted to the development in question.

      (2)   When determination of the number of parking spaces required by this table results in a requirement of a fractional space, any fraction of one-half or less may be disregarded, while a fraction in excess of one-half shall be counted as one parking space.

      (3)   All space requirements which are based upon employment shall be computed on the basis of the greatest number of persons on duty at any one period during the day or night.

      (4)   The required parking space for any number of separate uses may be combined in one lot but the required space assigned to one use may not be assigned to another use, except that one- half of the parking space required for places of worship, theaters or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night and on Sundays.

      (5)   It is recognized that the table cannot and does not cover every possible situation that may arise. Therefore, in cases not specifically or reasonably covered, the Board of Commissioners will determine the parking requirements using this table as a guide.

 

 

 

 

 

 

 

 

 

 

 

(Ord. 91-08, passed 11-18-91; Am. Ord. 97-02, passed 2-26-97; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 02-06, passed 3-13-02; Am. Ord. 02-09, passed 6-10-02; Am. Ord. 03-01, passed 2-10-03; Am. Ord. 03-09, passed 6-25-03; Am. Ord. 03-16, passed 10-15-03; Am. Ord. 04-08, passed 5-26-04; Am. Ord. 04-11, passed 5-26-04; Am. Ord. 04-12, passed 7-12-04; Am. Ord. 04-18, passed 10-11-04; Am. Ord. 05-01, passed 1-10-05; Am. Ord. 05-12, passed 8-8-05; Am. Ord. 05-13, passed 8-8-05; Am. Ord. 05-19, passed 10-4-05; Am. Ord. 06-23, passed 10-9-06; Am. Ord. 06-24, passed 11-15-06; Am. Ord. 07-17, passed 10-24-07; Am. Ord. 08-17, passed 7-14-08; Am. Ord. 09-03, passed 1-28-09; Am. Ord. 10-03, passed 4-12-10; Am. Ord. 10-06, passed 5-26-10; Am. Ord. 10-15, passed 9-13-10; Am. Ord. 11-05, passed 4-11-11; Am. Ord. 11-09, passed 5-25-11; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 12-04, passed 3-28-12; Am. Ord. 13-01, passed 1-14-13; Am. Ord. 13-3, passed 3-20-13; Am. Ord. 13-4, passed 4-24-13; Am. Ord. 13-15, passed 10-14-13; Am. Ord. 13-16, passed 10-14-13; Am. Ord. 14-05, passed 3-10-14; Am. Ord. 14-25, passed 2-9-15; Am. Ord. 15-15, passed 5-16-16; Am. Ord. 16-21, passed 7-19-18; Am. Ord. 16-25, passed 4-24-19; Am. Ord. 17-18, passed 5-27-20; Am. Ord. 17-27, passed 3-12-21; Am. Ord. 17-28, passed 3-8-21; Am. Ord. 18-1, passed 4-12-21; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-7, passed 1-10-22; Am. Ord. 19-15, passed 12-12-22)

   In an effort to ensure public health and welfare and a pleasing aesthetic environment and to promote traffic safety, the town has adopted the regulations and standards contained in this section.

   (A)   Permit required.

      (1)   No sign shall be erected, constructed, altered or maintained, except as provided in this section, until a permit for the same has been issued by the Zoning Administrator and the fee paid. A minimum fee for any sign permit shall be determined from time to time by the Board.

      (2)   Any freestanding or wall sign which will require a permit will also require inspection by the Building Inspector.

   (B)   Exempt signs. The following signs shall be exempt:

      (1)   Signs bearing only property numbers, names of occupants or premises or other identification of premises not having commercial connotations;

      (2)   Flags.

         (a)   Legal governmental flags displayed in a manner compliant with all laws.

         (b)   Decorative flags no more than 24 square feet located within the property lines and in no case shall any part of the flag be closer than ten feet from the edge of pavement within any right-of-way.

         (c)   Two decorative flags per single business site or one flag per business if located within a shopping center or office complex with multiple businesses per site (to be effective as of January 1, 2015).

      (3)   Legal notices or identifications, information or directional signs erected or required by governmental bodies or public utilities;

      (4)   Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights;

      (5)   Electronic message boards displaying time, temperature and wind direction and velocity signs;

      (6)   "For Sale" or "For Rent" signs that meet the limitations on square footage as defined in subsection (C)(1)(b) of this section shall be exempt from the permit requirements of division (A) of this section;

      (7)   During the construction, repair or alteration of a structure, a temporary construction sign which denotes the architect, engineer, contractor or builder or which denotes the name of the structure and its use or occupants-to-be may be placed on the site as a ground or wall sign. Such sign shall not exceed 64 square feet and shall not exceed 20 feet in height above street grade. All construction site signs shall be removed when the building has been approved for occupancy by the Building Inspector or within 60 days of termination of work on the site, whichever shall occur first;

      (8)   Signs on county, municipal or school ballfield fences, provided the signs do not exceed 24 square feet in area, have been given prior approval by the Board of Commissioners, and are valid for a period of four consecutive months;

      (9)   Advertising messages or symbols painted or constructed on a business vehicle that is used in day-to-day business operations with valid registration, license and inspection. These shall be reviewed by the Zoning Administrator;

      (10)   Neon or LED signs, provided they are no larger than two square feet and indicate "Open," "Closed" or "No Vacancy." These signs may not suggest movement, be animated in any way or blink on and off.

      (11)   Strings of electric light bulbs on commercial sites that are not flashing or intermittently illuminated or appear to be flashing or glittering or moving shall be permitted on the following dates and at no other time:

         (a)   November 22 through January 7; and

         (b)    July 2 through July 6.

      (12)   One "Open House" sign that does not exceed 36 square feet and is set back a minimum of seven feet from any property line or one "Open House" banner attached to the primary structure that does not exceed 75 square feet shall be exempt from the permit requirements of division (A) of this section. At no time shall the sign be illuminated.

      (13)   Signage and/or electronic screens not exceeding two square feet on order pedestals at food service establishments.

   (C)   Generally allowed.

      (1)   The following signs shall be allowed in all zones:

         (a)   Directional and informational signs may be erected and maintained by public agencies and governmental bodies;

         (b)   One lease or rent sign and one for sale sign may be used per lot, each of which shall not exceed 6 square feet plus frame. These signs shall be located at least seven feet from the street line and side property lines and shall be removed 14 days after the property has been sold, rented or leased. Sale or lease signs for commercial property shall be limited to 36 square feet and shall be removed 14 days after the property has been sold, rented or leased.

         (c)   Places of worship, schools, community centers and other public and institutional uses may erect one sign or bulletin board not exceeding 12 square feet in area for the purpose of displaying the name of the institution and related information. The signs shall be used as wall signs or shall be located at least 7½ feet from property lines. Any sign over 12 square feet will require a permit.

         (d)   Subdivision signs advertising the sale of lots or buildings within new subdivisions on which they are located are permitted, provided that:

            1.   They are nonilluminated or indirectly illuminated;

            2.   They do not exceed 64 square feet;

            3.   Not more than one such sign shall be located at each major approach to the subdivision;

            4.   They meet all requirements applying to principal structures with regard to yard, setback and height requirements;

            5.   Display of such signs shall be limited to a period of two years;

            6.   A permit is required.

      (2)   Prior to the expiration date of the permit for subdivision signs, the applicant may request one extension of two years. Signs shall be removed prior to the expiration of the two-year period or extension thereof. If the sign has not been removed, the town may enter the premises upon which the sign is located and remove such sign at no liability to the town and at the expense of the owner.

      (3)   Permanent subdivision signs without advertising may remain as long as they are adequately maintained. Subdivisions remote from a main thoroughfare may locate one off-premises sign, provided the sign meets the specifications for subdivision signs detailed below:

         (a)   They are nonilluminated or indirectly illuminated;

         (b)   They do not exceed 64 square feet;

         (c)   Not more than one such sign shall be located at each major approach to the subdivision;

         (d)   They meet all requirements applying to principal structures with regard to yard, setback and height requirements;

         (e)   They are landscaped and well-maintained in the best interest of the developer and the community;

         (f)   A permit is required.

      (4)   In the event a freestanding sign is destroyed by fire, flood or storm and such damage was not caused nor contributed to by the owner, occupant or user, one temporary message board may be permitted, subject to the following conditions:

         (a)   It shall be displayed only during daylight hours (sunup to sundown);

         (b)   It shall not exceed six square feet in area;

         (c)   It shall not be displayed within any highway or local road right-of-way and shall be on the property of the advertising business;

         (d)   It shall not be displayed when conditions could cause public injury or property damage;

         (e)   It shall not be displayed longer than 60 days;

         (f)   No fees or permits are necessary.

      (5)   Roof signs will be permitted on gambrel and A-frame roofs subject to the following conditions:

         (a)   Gambrel roofs and A-frame roofs have a minimum pitch of 29/12;

         (b)   Signs only be allowed on the steepest portion of the roof;

         (c)   Maximum height of any sign shall be 20 feet from the average finished grade.

         (d)   Signs shall not be located on the ridge of the roof.

   (D)   Detailed specifications for commercial zone and light industrial zones signs.

      (1)   For each lot, tract or parcel, the maximum square footage of signage that may be displayed shall be based on the following formula. (For shopping centers see subsection (D)(11).)

         (a)   On lots with 100 feet or less of road or highway frontage, 36 square feet of signage, including any combination of freestanding and manual message board, may be displayed on one freestanding sign, such sign not to exceed 20 feet in elevation above street grade, measured from ground elevation to the top of the sign structure. An additional two square feet of wall sign may be displayed on the building for each lineal foot of building frontage. However, no single wall sign shall exceed 100 square feet.

         (b)   On lots with 101 feet to 150 feet of road or highway frontage, 50 square feet of signage, including any combination of freestanding and manual message board, may be displayed on one freestanding sign, such sign not to exceed 20 feet in elevation above street grade, measured from ground elevation to the top of the sign structure. An additional two square feet of wall sign may be displayed on the building for each lineal foot of building frontage. However, no single wall sign shall exceed 100 square feet.

         (c)   On lots with 151 feet or more of road frontage, 64 square feet of signage, including any combination of freestanding and manual message board, may be displayed on one freestanding sign, such sign not to exceed 20 feet in elevation above street grade measured from ground elevation to the top of the sign structure. An additional two square feet of wall sign may be displayed on the building for each lineal foot of building frontage. However, no single wall sign shall exceed 100 square feet.

         (d)   On any lot with 151 feet or more of road frontage, greater than five acres, where the principal building is a minimum of 150 feet from the right-of-way, 64 square feet of signage, including any combination of freestanding and manual message board, may be displayed on one freestanding sign, such sign not to exceed 20 feet in elevation above street grade measured from ground elevation to the top of the sign structure. An additional two square feet of wall sign may be displayed on the building for each lineal foot of building frontage. However, no single wall sign shall exceed 250 square feet. In no case shall total area of wall signs exceed 600 square feet per building frontage.

         (e)   One flag per business shall be allowed (effective date January 1, 2015).

      (2)   Measurements of sign size for computation of compliance with this chapter is based on the size of the letters and then the total area of the letters. This total shall be the total signage permitted based upon the business building frontage measurement. (See illustration in Appendix C.) In no case shall the solid surface of base and frame exceed double the permitted sign area.

      (3)   Lighting shall be shielded so as to prevent a direct view of the light from a residence or a street in a residential district.

      (4)   Temporary signs, banners, placards, decorations or the like, constructed of light materials, for the promotion of noncommercial enterprises or events taking place in the town, may be displayed in any commercial zone. No such signs may be erected on or affixed to public property nor exceed 100 square feet and must not encroach on the right-of-way. These temporary signs must be removed within five days after the event has taken place. The sign shall be attached to a building.

      (5)   Temporary signs, banners, placards, decorations or the like, constructed of light materials, for the promotion of commercial enterprises, grand openings or similar uses taking place in the town, may be displayed for a period not to exceed 90 days, upon the responsible party having secured a permit for such from the Zoning Administrator. No such sign shall exceed 100 square feet. The sign shall be attached to a building.

      (6)   A general informational sign located on site, such as “no parking,” “entrance,” “loading only,” “telephone” or other similar directives shall not exceed three square feet, and total square footage of all informational signs shall not exceed 33 square feet.

      (7)   For each food service business, menu boards and preview boards for each drive- through may be permitted, provided that the sum of all menu boards and preview boards does not exceed 60 square feet in total display area and does not exceed eight feet in height above street or driveway elevation.

      (8)   For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related or composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, each element shall be considered to be a single sign.

      (9)   The surface area of a sign shall be computed as including the entire area within a regular geometric form comprising all of the informational display area of the sign and all of the elements of the matter displayed. The area of a double-faced sign shall be the area of one face of the sign, provided that the two faces are of the same size and are parallel to one another with no more than 24 inches between each sign face.

      (10)   Window signs shall be allowed on the inside or the outside of glazing provided that they do not comprise more than 25% of the gross glazing area of the building and are not separately illuminated or backlit by lighting installed for that purpose. Miscellaneous business signs, such as credit card signs, open and closed signs, hours of operation, etc., are not included in this calculation, provided that each group/set of miscellaneous business signs do not exceed two square feet in area and only one group/set of such signs are allowed per entrance. Signs placed on the outside of the window must be made of weatherproof materials and shall be maintained in good order. Window signs shall not contain luminous or fluorescent colors or materials that glow when illuminated by any light source. The signs may not suggest movement, be animated in any way, blink or change when viewed from different angles. All window signs shall be brought into compliance by June 1, 2010.

      (11)   Neon signs for internal illumination visible from the right-of-way cannot exceed a total area of 20 square feet. These signs may not suggest movement, be animated in any way or blink on and off.

      (12)   Shopping center/office complex signs.

         (a)   Areas within a shopping center/office complex shall be identified as primary or secondary areas. Primary areas are those composed of 20,000 square feet or more of retail or office space. Secondary areas are those composed of less than 20,000 square feet of retail or office space.

            1.   For primary uses within a shopping center/office complex, two square feet of business sign area may be displayed for each lineal foot of store/office frontage. However, no sign shall exceed 150 square feet. Multiple signs on the store/office frontage may be displayed, so long as the total area for each individual sign does not exceed 150 square feet and the total area of all combined signs on the face of the store/office does not exceed two square feet for each lineal foot of store/office frontage. Stores/offices which are located on a corner with a wall facing a different street or road from the front of the building shall be permitted to display a sign with an area no larger than 36 square feet on the sidewall.

         (b)   1.   Secondary uses may display 36 square feet of sign area on the front of the building; however, if the store/office frontage exceeds 30 linear feet, permitted sign area shall be calculated at 1¼ square feet of sign area for each linear foot of store frontage, up to a maximum of 50 square feet.

            2.   Store/office located on a corner with a wall facing a different road or street from the front of the building shall be permitted to display a sign with an area no larger than 36 square feet on the side wall. Total sign area on secondary use corner stores/offices, with a wall facing a different road or street from the front of the building, shall not exceed 72 square feet of signage.

         (c)   One freestanding sign, including any combination of freestanding and manual message board, not to exceed a total sign area of 64 square feet, will be authorized for a shopping center/office complex. A freestanding sign must identify the name of the shopping center/office complex and may also identify the names of the individual stores/offices, but may not exceed the square footage set forth above. A freestanding sign may not exceed 20 feet in elevation above street grade, measured from ground elevation to the top of the sign structure.

         (d)   1.   For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related or composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, each element shall be considered to be a single sign.

            2.   The surface area of a sign shall be computed as including the entire area within a regular geometric form comprising all of the display area of the sign and including frames and all of the elements of the matter displayed. The area of a double-faced sign shall be the area of one face of the sign, provided that the two faces are of the same size and are parallel to one another with no more than 24 inches between each sign face.

      (13)   Remote parking identification signs shall be located on the remote parking lot and no more than 30 square feet and no greater than ten feet in elevation above street grade, measured from ground to the top of the sign structure.

      (14)   For event gardens as an accessory use to hotels or motels, the wall sign size allowance for the principal use may be shared between the hotel/motel and the accessory use with no greater than 36 square feet allocated to the accessory use. Wall signage may be placed on permanent entrances ways only, such as an entrance trellis or arch. Signage shall not be placed on fencing.

         (a)   LED string accent lights shall be straight continuous colored lined.

         (b)   LED string accent lights shall be parallel to the ground (no shaped or other outlining permitted).

         (c)   LED string accent lights shall only be allowed on one structure per commercial site. No more than two lines of LED string accent lights shall be permitted and lines cannot be separated by more than four feet on the structure.

         (d)   LED string accent lights shall be limited to one color per commercial site.

         (e)   LED string accent lights may not suggest movement, flashing, be intermittently illuminated or appear to be flashing or glittering.

         (f)   LED string accent lights shall be located no higher than 15 feet from finished grade on the site.

         (g)   LED string accent lights shall be permanently affixed to the structure, not hanging or temporary attached to the structure (temporary attachment includes adhesive).

         (h)   LED string accent lights must be maintained and proper working order. Strings that are partially lit or not functioning properly will be required to be turned off until removed or repaired.

      (16)   Strings of electric light bulbs greater than two inches (café style lighting) for the purpose of supplementary site lighting in approved outdoor dining/outdoor waiting activity areas for patrons on commercial sites and permanently attached to the structure that are not flashing or intermittently illuminated or appear to be flashing, fading, glittering, moving, or deemed a traffic distraction shall be permitted in the commercial zone with the following conditions:

         (a)   Shall be parallel to the ground (no shaped or other outlining permitted).

         (b)   Shall be limited to one continuous string.

         (c)   Shall be limited to one color per commercial site.

         (d)   Shall be located no higher than 15 feet from finished grade on the site.

         (e)   Shall be permanently attached to the primary structure, accessory structure and permanent piling/poles. Attachment to any freestanding or building signage is prohibited.

         (f)   Shall be maintained and in proper working order. Strings that are partially lit or not functioning properly or deemed a traffic distraction will be required to be turned off until removed or repaired.

         (g)   Shall not be located within required parking, drive aisle, or landscaping buffer.

   (E)   Prohibited signs.

      (1)   Signs which are flashing or intermittently illuminated or appear to be flashing or glittering or moving and strings of lights are prohibited in commercial and light industrial sites except as exempt in § 153.077(B)(11). No strings of flags shall be permitted in any zone.

      (2)   Billboards.

      (3)   Portable signs, except those allowed in division (C)(4).

      (4)   Roof signs except as permitted in division (C)(5).

      (5)   No sign shall make use of the words "Stop," "Slow," "Caution," "Danger" or any other word, phrase, symbol or character in such manner as is reasonably likely to be confused with traffic directional and regulatory signs.

      (6)   Signs that impair vision clearance at intersection.

      (7)   Vehicular signs.

      (8)   Signs which advertise an activity, business, product or service no longer produced or conducted on the premises upon which the sign is located. The signs may remain in place for not more than 90 days.

      (9)   Signs which are attached to utility poles, trees, fences, publicly-owned signs or in an unauthorized manner to walls or other signs.

      (10)   Off-premises accessory use directional signs are prohibited. Existing off-premises accessory use directional signs and support structures shall be removed by June 25, 2002.

      (11)   Tourist Oriented Directional Signs (TODS).

      (12)   Projection signs.

      (13)   Exposed neon, argon, krypton or similar gas lighting except as outlined in (B)(10) above.

      (14)   LCD and electronic message boards except as outlined in (B)(5) above.

      (15)   LED signs, string accent lights, or lighting unless used as a light source to internally or directly illuminate wall or freestanding signage or as provided in (D)(15) above.

      (16)   Flags that are torn greater than two inches or that are frayed (threadbare, worn, tattered, unraveled, etc.) in excess of one inch and flags not hanging in the manner it was designed or not hanging in a legal manner.

   (F)   Unsafe signs. Should any sign become insecure or in danger of falling or otherwise be unsafe, in the opinion of the Building Inspector, then the owner thereof, or the person maintaining the same, shall, upon written notice from the Building Inspector, forthwith in the case of immediate danger or in any case within ten days, secure the same in a manner to be approved by the Building Inspector in conformity with the provisions of this section or remove the sign. If such order is not complied with within ten days, the Building Inspector shall remove such sign at the expense of the owner or lessee thereof.

   (G)   Maintenance. All signs, together with all their supports, braces, guides and anchors, shall be kept in repair and, unless of galvanized or noncorroding metal, shall be thoroughly painted at least once every two years.

   (H)   Design standards. All signs shall be constructed and designed according to generally accepted engineering practices to withstand wind pressures and load distribution as specified in the State Building Code.

   (I)   Obstruction of fire escapes, windows, doors and the like. No outdoor advertising sign shall be installed, erected or constructed so as to obstruct any fire escapes or any window or door opening used as a means of egress or so as to prevent free passage from one part of a roof to any other part thereof. No sign shall be attached in any manner to a fire escape or be placed in such manner as to interfere with any opening required by law for ventilation.

   (J)   Alteration or removal of unlawful signs.

      (1)   If any sign shall be installed, erected or constructed in violation of any of the terms of this section, the Zoning Administrator shall notify by registered mail or written notice, served personally, the owner or lessee thereof to alter such sign so as to comply with those zoning regulations and to secure the necessary permit therefor or to remove the sign immediately.

      (2)   Any sign located within a town right-of-way shall be subject to immediate removal by the Zoning Administrator.

      (3)   The failure to remove such sign as provided in this section shall be a misdemeanor. Each day the violation exists shall constitute a separate offense.

      (4)   The Zoning Administrator shall have the authority to remove and discard any sign in violation of the sign regulations or which is located upon public property.

      (5)   All signs shall be brought into compliance within three years of February 28, 2001.

   (K)   General penalty; enforcement of ordinance; continuing violations. See § 10.99.

(Ord. 91-08, passed 11-18-91; Am. Ord. 92-12, passed 7-22-92; Am. Ord. 94-02, passed 2-14-94; Am. Ord. 94-05, passed 4-11-94; Am. Ord. 94-06, passed 4-11-94; Am. Ord. 97-04, passed 6-25-97; Am. Ord. 99-13, passed 7-12-99; Am. Ord. 00-07, passed 5-24-00; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 01-03, passed 4-25-01; Am. Ord. 01-09, passed 7-25-01; Am. Ord. 02-04, passed 2-11-02; Am. Ord. 03-07, passed 6-25-03; Am. Ord. 04-09, passed 5-26-04; Am. Ord. 04-17, passed 10-11-04; Am. Ord. 06-16, passed 8-14-06; Am. Ord. 08-02, passed 1-14-08; Am. Ord. 09-19, passed 10-28-09; Am. Ord. 10-14, passed 7-12-10; Am. Ord. 11-05, passed 4-11-11; Am. Ord. 11-10, passed 6-13-11; Am. Ord. 11-18, passed 8-8-11; Am. Ord. 12-01, passed 1-25-12; Am. Ord. 12-13, passed 5-23-12; Am. Ord. 13-3, passed 3-20-13; Am. Ord. 14-10, passed 6-9-14; Am. Ord. 17-24, passed 9-14-20; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 18-16, passed 10-11-21; Am. Res. passed 1-26-22) Penalty, see § 10.99

   (A)   Due to the heavy traffic volume on the major thoroughfares in the town and the attendant traffic hazard involved in frequent entrances and exits from and to a major thoroughfare, it is the intent of this section to keep driveways and street intersections along US 158/Croatan Highway and the west side of NC 12/Virginia Dare Trail to the minimum possible. In any district established by this chapter where a corner lot abutting either US 158/Croatan Highway or the west side of NC 12/Virginia Dare Trail also abuts any other dedicated public right-of-way, such right-of-way shall be used for access rather than the highway.

   (B)   For properties not abutting any other dedicated public right-of-way (only abutting US 158/Croatan Highway) egress direction onto US 158/Croatan Highway shall be determined on a case-by-case basis and approved by the Board of Commissioners.

   (C)   With regard to the east side of NC 12/Virginia Dare Trail, see § 91.17 of this code.

(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 13-5, passed 5-13-13; Am. Ord. 15-12, passed 3-14-16; Am. Ord. 18-4, passed 6-14-21)

      (1)   Preserve and protect the heritage of the town by maintaining the existence of natural and constructed dunes both along the oceanfront and in inland sections of the town;

      (2)   Protect the health, safety and welfare of persons living, visiting or sojourning to and in the town and for the protection of public and private property;

      (3)   Protect the interest of persons whose property would be detrimentally affected by the destruction or removal of oceanfront or inland dunes;

      (4)   Permit development and encourage the preservation of natural conditions;

      (5)   Prohibit commercial and industrial excavation/mining on sand dunes.

      (1)   It shall be unlawful for any development activities without a valid building permit, health department approval, and CAMA authorization.

      (2)   Development at any site in areas of the town that contain oceanfront or inland dunes require the submission of a site plan including topographic information with proposed improvements for review and approval by a town zoning official.

      (3)   A horizontal/vertical slope not to exceed four feet to one foot shall be maintained unless the dune-disturbing activity is intended to provide elevations that are consistent with abutting properties. Graded slopes must be vegetated or otherwise stabilized within 30 working days of completion of the work;

      (4)   Mitigation plans prepared by a North Carolina Design Professional shall be required for any unauthorized dune disturbance. Unauthorized dune-disturbance shall be considered a violation and shall be subject to penalties:

         (a)   In accordance with G.S. § 160A-175, and unless this code of ordinances provides otherwise, violation of any provision hereof shall be a Class 3 misdemeanor as provided in G.S. § 14-4, punishable upon conviction by a fine not exceeding $50 or by imprisonment not exceeding 30 days. An ordinance may provide by express statement that the maximum fine or term of imprisonment to be imposed for its violation shall be some figure or number of days less than the maximum penalties prescribed by G.S. § 14-4.

            1.   As authorized by G.S. § 160A-175, the violation of any of the provisions of this code shall subject the person or entity violating such provisions to a civil penalty of $50 per day for each of the first 15 days such violation continues after notice of the violation from the town, $100 per day for the sixteenth through the thirtieth day such violation continues after the initial notice from the town, and $500 or the maximum amount authorized under the provisions of the North Carolina General Statutes, whichever is greater, for each day after 30 days that such violation continues after the initial notice from the town.

            2.   The imposition and collection of the foregoing civil penalties shall be in addition to all other remedies available to the town at law or in equity, authorized under the provisions of the North Carolina General Statutes, including but not limited to the suspensions of licenses and permits and actions to abate, enjoin or otherwise remedy violations of this code and all such remedies shall be cumulative. The imposition of civil penalties or the use of any other civil remedy available to the town shall be in addition to and not exclusive of any criminal proceeding and/or penalties available and/or imposed for the violation of this code.

         (c)   An ordinance may provide, when appropriate, that each day's continuing violation shall be a separate and distinct offense.

            1.   For any and all violations of this Code of Ordinances, the authorized staff shall give written notice to the landowner of the subject property and tenant, if applicable. The written notice shall be delivered by personal delivery, electronic mail or by first-class mail. The notice shall be to provide to the last address listed for the owner on the Dare County tax records and/or to the physical property address. For the purposes of this notice, delivery by first-class mail shall be deemed received on the third business day following deposit of the notice in the mail with the United States Postal Service and delivery by electronic mail shall be deemed received on the date sent.

      (5)   It shall be a violation of this chapter to fail to repair or restore dunes or vegetation damaged by development activity not specifically allowed by exceptions in this section.

      (6)   Maintenance and repair is allowed for sand to be redistributed into the dune system from accumulation of storm over wash or wind driven sedimentation by removing sand up to six feet around buildings, driveways, and associated structures.

         (a)   Ocean dune(s):

            1.   It shall be unlawful for any person, firm or corporation in any manner to damage, destroy, remove or change the existing contour of any sand dune or part of any dune thereof or to kill, destroy or remove any trees, shrubs or other vegetation growing on the dunes, except in:

               a.   Elevated structures: All elevated structures shall be elevated a minimum of 18 inches and maximum of 30 inches from the underside.

               b.   Approved matted walkways for accessibility.

         (b)   Inland dune(s):

            1.   It shall be unlawful for any person, firm or corporation in any manner to damage, destroy, remove or change the existing contour of any sand dune or part of any dune thereof or to kill, destroy or remove any trees, shrubs or other vegetation growing on the dunes, except in:

               a.   The area within the foundation perimeter of any existing building or any building to be constructed as shown on a site plan reviewed and approved by a town zoning official;

               b.   The area around the perimeter of an existing building or proposed principal building not to exceed a width of ten feet from the building foundation perimeter in accordance with a site plan approved by a town zoning official;

               c.   The area within the boundaries of existing driveways and parking areas or within the boundaries of driveways and parking areas to be constructed in accordance with a site plan approved by the Planning Board or town zoning official;

               d.   Landscaped areas and garden plots, provided the dune contour is not altered;

               e.   The area required for the construction and installation of water, sewage or wastewater disposal systems, drainfields, and stormwater control systems, provided that every reasonable effort is made not to alter the contour of the dune and the site is stabilized with plantings of vegetation approved by a town zoning official.

(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 03-18, passed 12-8-03; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-22, passed 8-14-23) Penalty, see § 10.99

(Ord. 99-07, passed 4-12-99; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 06-20, passed 8-14-06; Am. Ord. 06-26, passed 12-11-06; Am. Ord. 17-1, passed 5-13-19; Am. Ord. 18-4, passed 6-14-21)

   (A)   Prohibitions.

      (1)   No person shall build, erect, construct, locate or place in use within the town a trailer of the type used as a house trailer, except as provided in division (B) of this section.

      (2)   No person shall use a trailer of the type known and described as a house trailer for living purposes within the town, except as provided in division (B) of this section.

      (3)   No storage trailers will be allowed in any zone, except those permitted in division (B) of this section.

   (B)   Permitted uses. The following uses of trailers of the type used as house trailers shall be permitted:

      (1)   Unless otherwise prohibited in this chapter;

      (2)   When in transit through the town, campers may be parked on property within the town with the permission of the owner of such property or the lessee or tenant thereof, provided that such vehicle, camper or self-contained unit is not used during such period for living or sleeping purposes;

      (3)   The owner of a residence, or tenant with owner's permission, in the town shall be permitted to park a travel trailer belonging to him, provided it does not encroach on the front yard setback and shall not be located on the side street setback of a corner lot on which his residence is located, while the occupant is occupying the residence, provided that:

         (a)   The trailer is the registered property of the owner or tenant of the residence;

         (b)   Permission shall be limited to one trailer per residence;

         (c)   The trailer shall not be over 31 feet in length;

         (d)   Such trailer is not to be used for living or sleeping purposes while parked on the owner's or tenant's premises.

      (4)   At the time construction commences in a commercial zone, storage trailers may be permitted. All trailers must be removed before occupancy of structures. Required setbacks shall not be less than ten feet from property lines.

      (5)   At the time construction commences in a commercial zone, one trailer may be located on property to be used as an office. Trailer must be removed before occupancy of structures. Required setbacks shall not be less than ten feet from property lines.

      (6)   At the time construction commences in the Ocean Impact Residential Zone or in the Commercial Zone, one real estate sales information trailer may be located on the project property subject to the following conditions:

         (a)   The trailer must be removed before the occupancy of the principal structure;

         (b)   The real estate sales information trailer site must be separated from the construction site by a six-foot tall fence. The trailer shall be set back an additional 20 feet from the fence;

         (c)   Vehicular ingress and egress access to the real estate sales information trailer site must not conflict with the construction vehicular access;

         (d)   There shall be a minimum of five parking spaces including one handicapped space;

         (e)   Parking areas and drive aisles shall meet the dimensional requirements location in § 153.076(A)(1) and (A)(5). Surface material of the parking area and drive isle shall be specified;

         (f)   The real estate sales information trailer shall meet all applicable North Carolina Building Code regulations;

         (g)   Required setbacks of the real estate sales information trailer shall not be less than ten feet from all property lines;

         (h)   Site plans shall be approved by the Dare County Health Department prior to issuance of a permit;

         (i)   The structure must comply with Chapter 151, Flood Damage Prevention Ordinance of this Code;

         (j)   A standard size, town-issued, roll-out refuse container shall be provided on-site;

         (k)   There shall be an administrative site plan review and approval of the real estate sales information trailer site to ensure compliance with all codes; and

         (l)   The temporary sales trailer shall be for the sole purpose of sales of real estate on the site at which the trailer is located.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 07-19, passed 11-14-07; Am. Ord. 18-4, passed 6-14-21)

   (A)   Height. The height regulations of this chapter shall be subject to the following exceptions and regulations: chimneys, cupolas, cooling towers, elevators, bulkheads, scenery lots, monuments, domes, spires, parapet walls and necessary mechanical appurtenances may be erected to a height which may exceed the prescribed height limit subject to Planning Board approval. The additional heights may not be more than 15% of the prescribed building height limit.

   (B)   Area. The area regulations of this chapter shall be subject to the following exceptions and regulations:

      (1)   Every part of a required yard shall be open and unobstructed from its lowest level to the sky and no other portion of the structure shall project into the yard setbacks, except for ordinary projections as follows:

         (a)   Sills, belt courses, buttresses, deck rails, lattice, sheathing, siding and corner boards provided that none of these shall project into a minimum yard setback more than three inches;

         (b)   Chimney flues, ornamental features and eaves provided that none of these shall project into a minimum yard setback more than 24 inches.

         (c)   Mechanical equipment, including HVAC and LP Gas equipment, provided that none of the equipment or associated structures project into a minimum yard setback more than four feet.

         (d)   Stairs and handicap ramps may project into the front yard no more than 50% of the depth of the setback not to exceed ten feet. Stairs shall have no more than two landings not to exceed a maximum of four feet by eight feet each. Handicap ramp landing shall comply with the North Carolina Building Code.

         (e)   An outdoor waiting activity area and outdoor dining activity area may extend into street side and front yard setbacks up to 33% of the depth of the setback. Improvement to this area is limited to raked earth, gravel, mulch, lawn or other plantings.

      (2)   Accessory structures may be built subject to the following requirements:

         (a)   Accessory structures not exceeding six inches in height above finished grade shall be located in the side and/or rear yard and maintain a distance of not less than five feet from side, street side and rear lot lines;

         (b)   A single walkway not exceeding six inches in height above finished grade and no more than five feet in width may be located in the front yard of single family and duplex dwellings.

         (c)   Accessory structures that are greater than six inches in height above finished grade shall be located in the rear yard and maintain a distance of not less than eight feet from the primary structure to the accessory structure and maintain a distance of not less than five feet from side and rear lot lines. Street side yard shall comply with principal structure setbacks;

         (d)   In the Ocean Impact Residential Zone, elevated open decks as permitted by the North Carolina Division of Coastal Management may be located seaward of the rear yard setback abutting the primary structure while maintaining a minimum of five feet from all property lines.

         (e)   In the Ocean Impact Residential Zone, lots with a rear yard abutting the Atlantic Ocean shall locate accessory structures seaward of the primary structure while maintaining a minimum of five feet from all property lines.

         (f)   Accessory structures to a commercial establishment that are greater than six inches in height above finished grade shall be limited to a total of three not exceeding a combined size of 20% of the gross floor area of the primary structure and maintain a distance of not less than five feet from rear or side property lines, not less than eight feet from the primary structure, not less than ten feet from any street right-of-way except US 158 and NC 12 where they shall comply with the principal building setbacks along US 158 and NC 12.

         (g)   Fences and vegetative landscaping shall be exempted from setbacks. Split rail or rope fencing not exceeding four feet in height shall be permitted on lots without a primary structure.

      (3)   Underground utilities may be run through the side yards required in this chapter and attachments of a pad may be made to the building and extended into the side yard not more than an area of six feet by six feet at the entrance of such underground utilities to the building. Such permissive use of the land shall be made only where underground utilities are installed and replace overhead poles and wires. Such pad is to be installed a minimum of one-third of the distance from the front or highway side of the building.

      (4)   Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet shall be permitted where so placed as not to obstruct light and ventilation.

   (C)   Lot coverage: rules for reconstruction of structures, projects or uses, resulting from damage by casualty.

      (1)   The lot coverage sections of this chapter are not intended to render nonconforming any use or structure in existence at the time of adoption. It is not intended to prohibit the repair or rebuilding of a structure or use solely upon the lot coverage requirements imposed where such reconstruction is necessary by damage from fire, flood, hurricane, acts of God and such damage that was not caused nor contributed to by the owner, occupant or user.

      (2)   The requirements of the lot coverage sections of this chapter shall not be applicable to a project begun through the planning and development process established by this chapter.

      (3)   The requirements of this section are applicable to lot coverage matters relating to repair and reconstruction.

      (4)   Reconstruction may occur by the issuance of a permit no later than two years from the date of such damage, subject, however, to the provisions of the chapter with respect to nuisances, uninhabitable buildings and the like. The coverage requirements shall not apply upon the applicant meeting the following conditions:

         (a)   A building permit for restoration is applied for and secured within two years from the date of the damage;

         (b)   Applicant shall furnish a "footprint" plat of the structure or project or use that shows adjoining property lines, streets or other topographical features from which the location of the structure, use or project may be physically identified upon the land. Photographs of the structure, project or use will be useful but cannot be the sole evidence of the damaged use, structure or project;

         (c)   Restoration and reconstruction shall be substantially in compliance with the original "footprint;"

         (d)   Applicant complies with guidelines established by the Board of Commissioners designed to minimize stormwater runoff for structure, use or projects similar in nature which may be constructed after the adoption of this chapter. (Such guidelines shall not, however, prohibit the quantity or quality of the destroyed structure or project;)

         (e)   Any change in the outside dimensions of the structure, or the enclosed area, must conform to the lot coverage ordinance adopted March 13, 1989.

      (1)   No more than 24 feet in width for each connection shall be exempt from lot coverage calculations.

      (2)   The connections shall be measured from the abutting property line to the end of the parking bay or 20 linear feet; whichever is less.

      (3)   The area exempt from lot coverage shall be clearly shown on a site plan.

      (4)   Driveway connections shall be open and clear of obstruction at all times.

      (5)   Internal driveway connections shall meet all other requirements of the Town Code.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 03-10, passed 6-25-03; Am. Ord. 06-09, passed 5-24-06; Am. Ord. 07-14, passed 8-13-07; Am. Ord. 08-04, passed 1-14-08; Am. Ord. 08-13, passed 4-14-08; Am. Ord. 08-27, passed 9-24-08; Am. Ord. 09-06, passed 5-27-09; Am. Ord. 10-05, passed 5-26-10; Am. Ord. 12-18, passed 9-10-12; Am. Ord. 12-21, passed 11-14-12; Am. Ord. 13-4, passed 4-24-13; Am. Ord. 13-9, passed 6-10-13; Am. Ord. 13-12a, passed 9-9-13; Am. Ord. 13-16, passed 10-14-13; Am. Ord. 14-27, passed 2-9-15; Am. Ord. 18-4, passed 6-14-21)

      (1)   Be located in the side or rear of the primary structure; and

      (2)   Be screened or located within an enclosure.

      (1)   Merchandise shall not be torn greater than two inches or frayed (threadbare, worn, tattered, unraveled, etc.) in excess of one inch, broken, damaged or not functioning in the manner it was designed;

      (2)   Merchandise shall be unpackaged;

      (3)   Maximum of ten of the same general items, i.e. umbrellas, chairs, bikes, boats, etc., shall be allowed per business;

      (4)   Merchandise shall not be located within required parking areas; and

      (5)   Display shall be within property lines.

      (1)   Lumber yards;

      (2)   Garden centers (for plant materials and associated materials);

      (3)   Automobile sales, automobile rentals and automobile repairs businesses.

(Ord. 15-6, passed 9-21-15; Am. Ord. 18-14, passed 6-14-21)