(a)

Intent. The sound waters district is established to provide the proper use of sound waters, including islands, that adjoin the town to ensure the continued scenic, conservation, environmental and recreational value that these waters provide to the town, its residents, visitors and the surrounding area.

(b)

Permitted uses. The following uses shall be permitted by right:

(1)

Swimming, boating, sailing, fishing, crabbing, shrimping, hunting and eel fishing.

(2)

Marine bulkheads, provided all appropriate government permits have been obtained.

(3)

Private, community or commercial piers and boat slips, subject to continuing compliance with the following requirements:

a.

That all appropriate governmental and regulatory agency permits have been issued for the facility and use;

b.

The land activities of the marine use must be an authorized use within the zoning district where the land activities associated with the marine use will be conducted;

c.

A site plan of the land and water areas to be utilized for the use or uses depicting the location of all proposed and existing improvements must be reviewed and approved by the town. The site plan must conform with the general site plan standards of this chapter together with the additional standards of this section.

d.

The maximum length of all marine improvements, including the pier or docking facility in its entirety, shall be measured from the furthest waterward point of the normal high water mark of the bay or sound adjoining the property. The marine improvements can be placed in any location within the property and extend out to the established distance.

It is the intent of this subsection to encourage all marine improvements to be located in areas that minimize their impact on the coastal marshes.

e.

Light fixtures and lighting. Private and community piers, and commercial piers on Kitty Hawk Bay as well as boat slips used with the piers shall have and maintain lights or reflectors to warn watercraft operators of the length and location of the pier and boat slips. A minimum length of 15 feet shall be maintained between lights or reflectors along the sides of the pier and not more than two lights shall be located at either end of the pier. Except as provided in this subsection, lights shall not be attached to or on the pier or boat slips.

f.

Devices used to create noise or amplified sound shall not be attached to or used on the pier.

g.

Group social or party activities shall be prohibited on the pier between the hours of 8:00 p.m. in the evening through and including 8:00 a.m.

h.

Covered boat slips are prohibited.

i.

Community piers shall be used by the property owners in the multifamily project or subdivision, their guests, or vacation tenants during the rental period of their lease, and community and private piers shall not be open to the general public.

j.

No transit boats shall be left at a community pier for more than 48 consecutive hours.

k.

A boat dock locker may be located at each boat slip, provided the locker does not exceed two feet in height measured from the pier deck.

l.

No fuel dispensing facility shall be located on a pier.

m.

Hunting and igniting fireworks shall be prohibited from the pier.

n.

The owner of the pier shall place into effect and maintain casualty insurance in an amount equal to 80 percent of the replacement cost of the pier with evidence thereof furnished to the town upon request.

o.

The pier and boat slips must be maintained in a good and safe condition at all times.

p.

Damage from storms or other casualties must be repaired within six months of the occurrence of the damage. Abandoned piers or piers damaged to the extent of 50 percent or more of its fair market value and which have been unrepaired for a period of nine consecutive months, may be removed by the town and the cost of removal charged to and assessed against the property owners or their association.

q.

There shall be only one pier per parcel or lot.

(c)

Special uses.

(1)

Commercial recreational activities, provided the use is authorized in the zoning district where the land activities associated with the marine use will be conducted.

(2)

Reserved.

(d)

Prohibited uses. The following are prohibited uses in the district: outdoor advertisement displays or signs.

(e)

Nonconformities; exception. Piers exceeding 100 feet waterward of the mean high-water mark of Kitty Hawk Bay or the sounds on the effective date of the ordinance from which this division is derived, can be maintained, repaired, and replaced as needed notwithstanding any provision in this chapter to the contrary. The pier length, width, and height cannot be increased without prior town council and planning board approval. A nonconforming pier authorized under this subsection shall install and maintain lights or reflectors in accordance with subsection (c)(2)e. of this section.

(Code 1990, § 20-216; Ord. No. 94-9, 6-27-1994; Ord. No. 99-25, 12-6-1999; Ord. No. 06-17, § 20-216, 12-4-2006; Ord. No. 07-11, § 20-216, 5-7-2007; Ord. No. 14-01, 1-6-2014; Ord. No. 14-02, 3-3-2014; Ord. No. 21-03, Att., 4-6-2021; Ord. No. 24-13, 12-2-2024)

(a)

Identified. The marine habitat and estuarine water district contains the areas within the extraterritorial jurisdiction which have been identified as:

(1)

Habitat for marine mammals, migratory fowl and wading bird species or used as nesting areas by shore and wading birds and migratory fowl; and

(2)

Reproduction and nursery areas for fin fish and shellfish.

(b)

Permitted uses. The following are permitted uses in this district:

(1)

Research, conservation and educational activities;

(2)

Fishing (both fin fish and shellfish) and crabbing;

(3)

Hunting and trapping as provided by state law;

(4)

Observation of wildlife and marine life.

(c)

Prohibited uses. The following are prohibited uses in this district:

(1)

Any use (whether recreational or commercial) involving the operation of a motor propelled watercraft at a speed higher than "no wake speed" within the district. Persons found guilty of violating this use prohibition shall be guilty of a misdemeanor and punishable as provided by section 1-5.

(2)

Outdoor advertising signs or displays.

(Code 1990, § 20-217; Ord. No. 94-9, 6-27-1994)

(a)

Permitted uses. The following are permitted uses in this district:

(1)

Wading, swimming and other similar water activities;

(2)

Launching and beaching of human powered and wind powered watercraft;

(3)

Fishing.

(b)

Prohibited uses. The following are prohibited uses in this district:

(1)

Operation of motor propelled watercraft;

(2)

Hunting and trapping;

(3)

Outdoor advertising displays or signs.

(Code 1990, § 20-218; Ord. No. 94-9, 6-27-1994)

(a)

In this division, the term "planned unit development" means the complete development of land which is under central control, or for which central control mechanisms have been established.

(b)

The plan will be in accordance with such guides and objectives as may be established by the planning board and the town council.

(c)

Except as otherwise provided, this division applies to planned unit developments and to the issuance of building permits required for same.

(d)

This division is intended to provide developers with an option by which they can achieve flexibility of design, the integration of mutually compatible uses, and optimum land planning with greater efficiency, convenience, and amenity than may be permitted as of right under the other parts of this requirement. A planned unit development is a privilege, not a right.

(e)

Within specified districts created by this chapter, it is intended to permit, on application and on approval of detailed site, use, building and development plans, the establishment of planned unit developments in areas which are suitable with respect to location, size, and physical character for development as units. Suitability of such tracts for the planned unit development proposed shall be determined primarily by reference to the goals and objectives to the land use plan, and this division, by the physical characteristics of the site and area, and by the nature of the surrounding development. This division is intended to accomplish the purpose of zoning and subdivision control to the same degree as those regulations are intended to control development on a lot-by-lot rather than unified basis, and to promote economical and efficient land use, a higher level of amenities, appropriate and harmonious variety in physical development, creative design, and an improved living and working environment.

(f)

In view of the substantial public advantages of planned unit development, it is the intent of this division to promote and encourage development in this form where appropriate in location and character.

(Code 1990, § 20-231; Ord. of 8-18-1986, §§ 4.02(A)—(C); Ord. No. 04-26, 9-13-2004)

Where there are conflicts between this division and other parts of this chapter or chapter 38, this division shall apply, unless the town council shall find in the particular case:

(1)

That the provisions of this division do not serve public purposes to a degree at least equivalent to such general zoning, subdivision or other regulations or requirements; or

(2)

That actions, designs or solutions proposed by the applicant, although literally in accordance with these special regulations, do not satisfy public purposes to at least an equivalent degree as the general regulations; provided, however, that where dwelling unit density, floor area and similar ratios have been established by other parts of this chapter, the town shall not alter such ratios in a planned unit development.

(Code 1990, § 20-232; Ord. of 8-18-1986, § 4.02(C))

Planned unit developments may be established as a special use where tracts suitable in location and character for the uses and structures proposed are to be planned and developed as units, according to the requirements and procedures set forth in this division. Planned unit developments shall be appropriately located with respect to intended functions, to the pattern and timing of development existing or proposed in the land use plan, and to public and private facilities, existing or clearly to be available by the time development reaches the stage where they will be needed.

(Code 1990, § 20-233; Ord. of 8-18-1986, § 4.02(D); Ord. No. 21-03, Att., 4-6-2021)

An application for planned unit development approval shall be submitted as for other special uses. Material submitted with the application or on request by the planning board or the town council shall include all plans, maps, studies, and reports which may reasonably be required to make the determination called for in the particular case, with sufficient copies for necessary referrals and records. All of the following shall be required:

(1)

A map showing the proposed development in relation to its surrounding area defining the relative size and location of streets, utilities, schools, and commercial facilities expected to serve the area.

(2)

A survey report covering soil conditions, drainage, topography, location and character of surface water, flora and fauna and other such information as may be required to determine if the site is suitable for planned unit development without hazards to occupants or adjoining properties.

(3)

An overall preliminary development plan, which plan shall show:

a.

Proposed major vehicular and pedestrian circulation systems.

b.

Proposed land uses, including residential densities and nonresidential uses.

c.

Proposed plans and regulations for major reservations of land for parks, parkways, playgrounds, school sites and other public uses or facilities.

d.

The relationship to existing land uses in the surrounding areas.

(4)

Common areas. An area designated on the site development plan as a common area and on the subdivision plan as an area to be held in separate ownership for the use and benefit of residents occupying specified lots shown on such subdivision plan may be approved as part of such subdivision plan, provided that it meets the following requirements:

a.

It shall be conveniently accessible to all residents of the development.

b.

It shall be made available in its improved state as set forth on the site development plan in accordance with an approved time schedule.

c.

It shall be maintained in accordance with an approved maintenance plan specifying what such maintenance shall consist of, whose responsibility it shall be, and ensuring satisfactory execution of maintenance.

d.

Provisions to ensure its continuing availability shall be included in the deed to each parcel to be served by such common area.

e.

Such other information as may be required by the planning board or the town council to determine the impact of the proposed development on the town.

(Code 1990, § 20-234; Ord. of 8-18-1986, § 4.02(E); Ord. No. 21-03, Att., 4-6-2021)

(a)

No building permits shall be issued for a planned unit development or a phase thereof until the planning board and town council have approved the preliminary development plan and reports for the development as a whole and final site development plans and reports for the subject phase. No structure or use other than as indicated in the approved preliminary and final site development plans and reports shall be permitted.

(1)

After the town council has approved the entire preliminary development plan, the development may be constructed in phases, provided the following requirements are met:

a.

Each phase must meet all the requirements of the division and the approved preliminary development plan, and no construction shall commence on any phase until all final development plans within the phase have been approved by the town council.

b.

The infrastructure improvements, including, but not limited to, roads, utilities and wastewater treatment systems and all amenities and common facilities in the phase must be completed, inspected, and satisfactory test results submitted to the town before the next approved phase of construction can commence.

c.

The time period for commencing and completing each construction phase shall be one calendar year.

d.

All phases must be constructed in sequence, unless the planning board approves a modification to the approved phase construction schedule.

(2)

After construction of the infrastructure within the project or within a phase of the project, the applicant shall submit the following to the town:

a.

Test results confirming that all roads, driveways, or vehicular ways within the development have been constructed and paved to town street standards.

b.

Written evidence that the appropriate governmental agency has approved the design and construction plans and, upon completion of construction, certification from an engineer licensed in the state that the septic, water, or sewer system or utility system has been constructed in accordance with the approved plans and specifications. Making a false certification under this subsection shall be a misdemeanor and conviction of the same shall be reported to the appropriate licensing board regulating the profession of the person so convicted.

(b)

Approval of site development plans and reports shall be based on either of the following:

(1)

Compliance with the provision applying at the time the land was proposed for the use, including applicable provisions of chapter 38, pertaining to subdivisions, unless in conflict with this chapter, and related capital improvement requirements of the town as regards construction of physical improvements and bonding thereof and such specific modifications as were made by the town council in the approved action; or

(2)

At the option of the applicant, with provisions applying currently. Upon approval of site development plans and reports, building permits shall be issued in the same manner as for building permits generally; provided that any requirements concerning the order or location in which building permits are to be issued in the particular development shall be observed. Except as provided in this division, final plans and reports approved shall be binding on the applicant and any successors in interest so long as planned unit development status applies to the land.

(c)

After review of the site plan application by the planning board, the town council may permit changes when requested by the developer, but only on a finding that such changes are in accordance with all regulations in effect at the time the site development plan or plat was approved, and in accordance with the general interest and purposes of the comprehensive plan in effect at such time, provided that the applicant may elect to proceed in accordance with the regulations and land use plan currently in effect. Changes other than as indicated in this subsection shall be made only by a new planned unit development application.

(d)

Action in connection with approval of site development plans or changes in approved plans not requiring ordinance amendment are administrative and do not require public notice and hearing, but the planning board and town council may hold such hearings as deemed desirable in connection with such action.

(Code 1990, § 20-235; Ord. of 8-18-1986, § 4.02(F)—(H); Ord. No. 07-11, § 20-235, 5-7-2007)

(a)

If action required in a planned unit development is not taken within time limits set, the planning board shall review the circumstances and recommend to the town council one of the following:

(1)

Planned unit development approval for the entire area be continued with revised time limits.

(2)

Planned unit development approval be continued for part of the area with revised time limits, and the remainder returned to conventional zoning control.

(3)

Planned unit development approval be removed from the entire project.

(b)

Such recommendations shall include proposals for appropriate action with respect to any legal instruments, dedications, contributions or guarantees in the case.

(Code 1990, § 20-236; Ord. of 8-18-1986, § 4.02(I))

(a)

Generally. All development plans for a planned unit development will proceed as provided by ordinance for processing special use permits, with additional steps as outlined in the following subsections:

(1)

Preapplication conference (sketch plan proposal).

(2)

Consideration and recommendation of the preliminary development plan by the planning board.

(3)

Public hearing and approval by the town council as required by the council.

(4)

Final approval of detailed project development and construction plans for the project as a whole or a phased portion thereof by the planning board and the town council.

(5)

Permits for the phase or phases of the planned unit development for which final development and construction plans have been approved by the town council shall be issued by the building inspector.

(b)

Preapplication conference (sketch plan proposal).

(1)

On request by applicants and upon payment of the appropriate fee, members of the planning board and the planner shall meet with the applicants to review the original application, including the developer's report, if submitted, and the sketch plan of the proposed planned unit development. The purpose of the preapplication conference shall be to assist in bringing the report, if submitted, and the sketch plan as nearly as possible into conformity with these or other land development regulations applying in the case, and to define special variations from application of provisions which would otherwise apply which seem justified in view of equivalent services or the public purposes of such provisions.

(2)

In the course of a preapplication conference, any recommendation for changes shall be recorded, in writing, and shall become part of the record in the case. All such recommendations shall be supported by stated reasons for the proposal for change. Applicants may, in writing, indicate their agreement to such recommendations, or their disagreement. If there is disagreement, applicants shall, in writing, indicate their reasons therefor. Responses by applicants shall also be included in the record.

(3)

Sketch plans may be drawn in such a manner as to minimize initial expense and encourage sufficient design flexibility to accommodate required changes, without undue hardship to the developer. All plans submitted shall be drawn to appropriate scale and shall show the locations of all lots, streets, drives, off-street parking areas and other pertinent features, together with building locations, if appropriate.

(4)

A developer may submit preliminary plats in lieu of sketch development plans.

(c)

Consideration and recommendation by planning board. Following the preapplication conference, the planning board shall review the application for a planned unit development which shall include the preliminary development plan and reports or preliminary subdivision plans if submitted in lieu thereof. The preliminary development plan shall consist of:

(1)

The proposed name of the planned unit development.

(2)

The location by legal description and survey showing the boundary line and the total acreage encompassed thereby.

(3)

The name and address of the owner and the applicant if different from the owner, together with the name and address of the plan engineer, architect, or designer of the plan.

(4)

A scaled plan at least one inch to 100 feet, and including the date, north arrow and a vicinity map.

(5)

A detailed topographical map.

(6)

A tabulation of the various land uses proposed, showing the total site area and the total floor area for each use, including the maximum proposed density for the preliminary plan, as well as each phase plan.

(7)

A tabulation of all natural or landscaped open areas shown on the plot plan, including the square footage of each type.

(8)

The location, widths, and names of all existing or prior platted streets, utility easements and rights-of-way, buildings and structures, and municipal boundary lines within 500 feet.

(9)

Existing water mains, culverts, and other underground facilities within the tract, indicating pipe sizes, grades, manholes, and location.

(10)

A planned unit development internal traffic flow and pedestrian walkway plan and an internal parking area traffic flow plan.

(11)

The location and arrangement of automobile parking spaces, aisles, bays, angle of parking, and location of handicapped spaces and ramps.

(12)

The methods of separating vehicular and pedestrian circulation patterns and location of pedestrian access patterns to various pedestrian-oriented areas of the planned unit development from parking areas and public transportation stops or terminals. Pedestrian ways shall be designed to accommodate bicycle use or, in the alternative, bike paths may be included as part of the vehicular and pedestrian flow plan.

(13)

The location of vehicular drives, entrances, exits, acceleration and deceleration lanes, fire lanes and service lanes.

(14)

The location of pedestrian entrances, exits, and walkways.

(15)

The drainage and stormwater management system, and sanitary disposal facilities.

(16)

The location, height, and materials of walls, fences and screen plantings and buffer zones.

(17)

The size, location, and orientation of all signs.

(18)

Where applicable, the applicant shall comply with all of the following:

a.

Chapter 38, article II, pertaining to subdivision.

b.

A natural features site plan. The natural features site plan shall identify and locate significant natural features within the project as well as demonstrate how those features will be utilized, preserved, or protected within the project site. Significant natural features shall include, but not be limited to, dunes, ridgelines, swales, large trees, ditches, banks and rare or endangered plant and tree species indigenous to the area and identified on the schedule filed with the town.

c.

CAMA rules and regulations.

d.

Chapter 14, pertaining to flood prevention.

(19)

Where the planned unit development is to be phased, then a phased construction plan shall be filed indicating the boundaries of each construction phase and the sequence of the phased construction.

The planning board may waive the requirement that one or more of the requirements of subsection (c) of this section be depicted or shown on the preliminary project plans if the planning board deems depiction of the item on the plans is unnecessary in order to ensure satisfaction of the particular standard. The planning board, or its representatives, when appropriate, shall seek the advice of the county health department, state department of transportation or other agencies as necessary, to accomplish a complete review of any development plans. Whenever the planning board determines that the characteristics of a proposed development should be modified to protect the occupants of such development, or the public interest, the board may recommend modifications in building location, driveway location or design, location of recreation areas or open spaces, lot sizes or other essential elements of any development plan. The planning board will recommend approval, or denial, of planned unit development applications. In its action, the planning board will reflect its views upon issues left unresolved in the preapplication conference. As required by this chapter, the planning board shall forward its recommendations to the town council in accordance with established procedures for special use permits.

(20)

Declaration of covenants and restrictions providing for the regulation, maintenance, and operation of the planned unit development common areas, open spaces, recreational areas, facilities, and, if appropriate, the maintenance of rights-of-way within the site.

(d)

Action by town council. A public hearing, as provided by ordinance for rezoning hearings, may be held before the town council, for any planned unit development proposed to be established in any appropriate zoning district. The town council may:

(1)

Approve such application in accordance with all requirements;

(2)

Include specific modifications of all requirements, as recommended by the planning board;

(3)

Return the application to the planning board for further consideration of specific suggested changes; or

(4)

Deny the application.

Upon approval of the town council, the developer is required to submit final detailed project development and construction plans for the proposed PUD to the planning board, as provided in this section.

(e)

Final approval of detailed plan by planning board and town council. Following approval of a proposed planned unit development preliminary development plan and the approval of all required rezoning actions, if any, by the town council, detailed plans for the planned unit development shall be submitted to the planning board by the developer; provided, however, that a preliminary subdivision plat may be submitted in lieu of detailed plan proposals, if necessary information is submitted with such plat to show proposed building locations, or other features. The final detailed development plan for the whole project or a phase shall consist of:

(1)

The approved preliminary development plan.

(2)

The width, grades and construction details of streets and roadways within the tract.

(3)

Construction details of any proposed vehicular bridges.

(4)

The location, arrangement and specific details of water lines, culverts, sewer lines and other underground facilities within the site, indicating pipe sizes, grades, manholes, etc.

(5)

Location, arrangement and dimensions of automobile parking spaces, width of aisles, width and angle of parking spaces and handicapped ramps.

(6)

Location, arrangement and details of service and delivery areas including the dimensions of truck loading and unloading spaces and doors.

(7)

The ground cover, finished grades, slopes, banks and ditches.

(8)

Architectural elevation sketches of proposed buildings, structures and signage.

(9)

Buildings shall be planned with a common architectural theme or compatible themes for the entire project.

(10)

Restrictive covenants.

(11)

A soil erosion, sediment control plan.

(12)

The rules, regulations and procedures of the appropriate regulatory agency or agencies must be satisfied with respect to wastewater treatment systems and any necessary permits must be obtained.

Review of detailed plan proposals, or preliminary subdivision plats if submitted in lieu thereof, shall follow procedures established for all developments, including those proposing private streets, private common open spaces or private lot access easements. All final detailed plans, or preliminary subdivision plans if submitted in lieu thereof, must be approved by the town council.

(f)

Issuance of building permits. When a detailed development plan or final subdivision plat has been approved by the planning board and approved by the town council, it shall be so certified to the building inspector. Building permits shall be issued only for improvements and development on a planned unit development site which conforms to the approved development plan or subdivision plat and only after all other plans have been approved and any permits required by applicable town, state or federal law, rules, or regulations have been issued.

(g)

Amendment to the preliminary development plan or final development plan. An amendment to the preliminary development plan or final development plan shall be required for any significant deviation in the construction and implementation of the project plans. The town planner shall determine whether a deviation is significant within the meaning of this subsection; however, any deviation which itself fails to meet the standards of this chapter or which results in a standard becoming unsatisfied as well as changes in the locational layout of infrastructure, uses, additional structures, or additions to existing structures and change in location of commercial sites, other than minor adjustments of the building footprint, shall be deemed to be significant deviations or modifications requiring planning board and town council approval.

(Code 1990, § 20-237; Ord. of 8-18-1986, § 4.02(J); Ord. No. 89-11, 4-17-1989; Ord. No. 07-11, § 20-237, 5-7-2007; Ord. No. 08-04, 2-4-2008; Ord. No. 21-03, Att., 4-6-2021)

All planned unit developments shall conform to the following standards and requirements in addition to any other requirements of the town council and county, state, and federal regulations applicable to the planned unit development:

(1)

Minimum size of site. A planned unit development site or each phase in a phased planned unit development shall not be less than ten acres in size.

(2)

Maximum unit density. The maximum density permitted in any planned unit development or each phase in a planned unit development shall be the same as for the district in which it is located. If the planned unit development is in more than one district, the district requirements shall apply to the portion of the planned unit development within that district. Land not suitable for building shall not be included in calculating density.

(3)

Number of buildings. More than one principal building may be permitted on a lot in a planned unit development; provided each principal building is designed and arranged to conform with a development plan approved by the planning board and the town council.

(4)

Minimum buffer required. No structure, parking area or other use, except open spaces for recreational or decorative purposes, shall be erected or established within a distance of 50 feet from any planned unit development project exterior boundary line or perimeter line. This restriction shall not apply to any interior development line or phase line, or to any exterior boundary line or perimeter line which abuts a nonresidential zoning district.

(5)

Off-street parking and loading facilities. All off-street parking and loading facilities established as a part of a planned unit development shall conform to the requirements and design standards established by this chapter.

(6)

Preservation of noteworthy features. In all planned unit developments, to the maximum degree reasonably practicable, efforts shall be made to preserve the natural environment, historic sites, scenic points, large trees and other desirable natural growths, watercourses and other water areas, and other features worthy of preservation, either as portions of public sites and open spaces, or in such other form as to provide amenity to the neighborhood.

(7)

Land disturbing activities. All areas in which land disturbing activity will be undertaken in the course of the development of the project shall be designated on the detail plan. The developer or owner shall submit a plan for the stabilization of the disturbed area, for the prevention or control of erosion and the protection of sand dunes located within the land disturbing activity area. The developer and/or owner must comply with chapter 12, article II, pertaining to sand dune protection and chapter 32, pertaining to soil erosion and sedimentation control. The removal of any tree with a caliper (diameter) greater than 16 inches measured at one foot above the ground or any tree deemed to be a significant species as noted on the schedule on file with the town by its location on the Outer Banks is prohibited except for those trees:

a.

Within a building site or within a 20 foot perimeter around the building site;

b.

Within a required accessway, parking lot, driveway, utility installation site or a five-foot perimeter around these areas (accessory buildings, hiking trails or other similar such nonrequired site entities shall not be considered sufficient cause to remove this sized tree);

c.

Within the septic nitrification field and an area around such field as may be determined by the county department of environmental health as to ensure proper functioning of the septic system; or

d.

Diseased or severely decayed trees which are in danger of imminent collapse.

The planner may administratively authorize the removal of any tree which poses a substantial risk to persons or property by reason of its location relative to buildings or areas used by people.

(8)

Fire hydrants. Fire hydrants shall be required at locations approved by the planning board and the fire chief. No portion of a building shall be farther than 250 feet nor closer than 50 feet to a fire hydrant. Hydrants shall be protected from traffic in accordance with the requirements of the town and shall be marked and painted as required by the town and the fire department. The planned unit development shall mark and maintain fire lanes. Parking shall not be permitted in fire lanes.

(9)

Garbage and refuse containers. Containers for garbage and refuse shall be provided in accordance with the requirements of the town, and if applicable, the county department of public works. Such areas shall be screened and shall be located so as to be out of the traffic flow, accessible to garbage trucks at all times and of adequate size to meet the needs of all uses at the development. Garbage pickup and commercial deliveries shall be during the hours between 7:00 a.m. and 9:00 p.m.

(10)

Stormwater management. An adequate method for managing stormwater runoff shall be developed, and stormwater management systems, parking layout and the location of curbs and gutters should be planned simultaneously. Any enclosed portion of a system should be designed to manage stormwater, not just to dispose of it or disperse it. No stormwater runoff shall be allowed within pedestrian ways or pedestrian easement areas.

(11)

Outdoor lighting. The location of all outside lights shall be shown on the preliminary and final development plans, and with the final development plans, a schedule shall be furnished to the town relating the outside light locations on the plans with the following information: the type of light fixture proposed, the wattage or intensity of the bulb to be used in the fixture and the number of bulbs if more than one, and the height of the light fixture above the finished ground surface. Light fixtures shall be located, arranged and, if the town deems it necessary, shielded in order to prevent the observation of glare or the direct observation of the light bulbs by persons on adjoining properties or traveling on streets and roads within close proximity to the project site.

(12)

Height. Maximum total height shall not exceed 35 feet from existing grade exclusive of chimneys, flagpoles, communication masts and aerials.

(Code 1990, § 20-238; Ord. of 8-18-1986, § 4.02(K); Ord. No. 01-10, 4-2-2001; Ord. No. 04-26, § 20-238, 9-13-2004; Ord. No. 07-11, § 20-238, 5-7-2007)

(a)

Uses permitted in a planned unit development shall be those residential uses permitted in the zoning district in which it is located, except that:

(1)

In developments comprising 100 or more dwelling units, convenience commercial establishments may be permitted to be established to provide the following services and facilities for residents of the development and their guests:

a.

Food stores.

b.

Drugstores.

c.

Barbershops or beauty shops.

d.

Restaurants.

e.

Professional offices.

f.

Similar or related uses.

(2)

The total maximum floor area of all convenience commercial uses established as part of any planned unit development shall not exceed five percent of the total floor area of the project, or 25,000 square feet, whichever is less.

(3)

Off-street parking areas shall be provided for each use as required by this chapter.

(4)

Uses established shall be designed and scaled to meet only the needs of residents of the development and their guests.

(5)

One nonilluminated sign shall be permitted per use established. The maximum sign area shall be ten square feet.

(6)

No commercial use, or sign established therewith, shall be visible from any adjacent street outside of the planned unit development.

(7)

In addition to the uses permitted by the underlying zoning district, the following special uses and amenities may be shown in the preliminary site plan and the final site plan, subject to town approval and any reasonable conditions imposed by the town:

a.

Gazebos, shelters, benches, decks, platforms and rest areas an meeting places;

b.

Natural grass putting and practice greens;

c.

Nature and exercise trails, walkways, and paths;

d.

Swimming and wading pools, including associated decks, but excluding bumper boats, water rides and vehicles;

e.

Playground equipment including, but not limited to, swings, slides, ropes, ladders, teeter-totters, nonmotorized merry-go-rounds, and jungle gyms;

f.

Court games including, but not limited to, basketball, volleyball, badminton, tennis (including serve machines), croquet and shuffleboard;

g.

Field games and areas including horseshoes, baseball (including pitching machines), softball, football, and soccer, running and jumping areas;

h.

Picnic areas; and

i.

Climbing walls, with appropriate supervision.

(8)

All amenities provided within the PUD shall be for the use and enjoyment of the residents, their guests, and buyer prospects within the PUD. Amenity sites shall not be used for commercial recreational uses open to the general public.

(9)

All recreational amenity uses shall be subject to review and approval by the planning board and town council in accordance with the requirements of a preliminary plan and final plan review procedure.

(b)

Building permits shall be issued for convenience commercial facilities only after permits have been obtained by the developer for the minimum number of dwelling units required as a prerequisite for such facilities.

(c)

Business licenses shall be issued for convenience commercial facilities only after at least 50 percent of construction has been completed on all the minimum required dwelling units.

(Code 1990, § 20-239; Ord. of 8-18-1986, § 4.02(L); Ord. No. 98-16, 6-1-1998; Ord. No. 21-03, Att., 4-6-2021)

(a)

In this division, the term "planned commercial development" means the complete development of land which is under central control, or for which central control mechanisms have been established and is a predominantly commercial project designed and improved in accordance with a comprehensive project plan. It may be constructed in a series of phases which reflect the anticipated needs of the projected population growth in the service area of the project. The plan will be in accordance with such guides and objectives as may be established by the planning board and town council.

(b)

This division applies to planned commercial developments.

(c)

This division is intended to provide developers with an option by which they can achieve flexibility of design, the integration of mutually compatible uses, and optimum land planning with greater efficiency, convenience, and amenity than may be permitted as of right under the other parts of this requirement. A planned commercial development is a privilege, not a right.

(d)

Within specified districts created by this chapter, it is intended to permit, on application and on approval of detailed site, use, building and development plans, and any other plans required by this chapter, establishment of planned commercial developments in areas which are suitable with respect to location, size, and physical character for development as units. Suitability of such tracts for the planned commercial development proposed shall be determined primarily by reference to the goals and objectives to the land use plan, and this chapter, by the physical characteristics of the site and by the nature of the surrounding development. This division is intended to accomplish the purpose and zoning and subdivision control as a unified basis, and to promote economical and efficient land use, a higher level of amenities, appropriate and harmonious variety in physical development, creative design, and an improved living and working environment. In view of the substantial public advantages of planned commercial development, it is the intent of this division to promote and encourage development in this form where appropriate in location and character within the BC-1, BC-2, BC-3 and BH-1 zoning districts of the town. The planned commercial development is established to provide for the proper grouping and development of commercial facilities and to provide a means for protecting the public from dangerous arrangement of vehicle and pedestrian ways within planned commercial development.

(Code 1990, § 20-261; Ord. of 8-18-1986, §§ 3.04, 3.04(A)—(C); Ord. No. 88-21A, 10-13-1988; Ord. No. 94-7, 3-7-1994; Ord. No. 04-26, 9-13-2004)

(a)

Where there are conflicts between this division and other parts of this chapter or chapter 38, pertaining to subdivisions, this division shall apply unless the town council shall find in the particular case:

(1)

That the provisions of this division do not serve public purposes to a degree at least equivalent to such general zoning, subdivision, or other regulations or requirements.

(2)

That actions, designs or solutions proposed by the applicant, although literally in accordance with these special regulations, do not satisfy public purposes to at least an equivalent degree as the general regulations. Except as may be otherwise provided in this division, where density, floor area and similar ratios have been established by other parts of this division, the town shall not alter such ratios in a planned commercial development.

(b)

Except as indicated in this section, notwithstanding procedures and requirements generally in effect, procedures and requirements set forth herein shall apply to all planned commercial developments and to issuance of any building permits required for them.

(c)

Should there be a conflict between any planned commercial development standards and the standards elsewhere in this chapter or in chapter 38, then the planned commercial development standards shall apply.

(Code 1990, § 20-262; Ord. of 8-18-1986, § 3.04(C); Ord. No. 88-21A, 10-13-1988)

Planned commercial developments may be established as a special use where tracts suitable in location and character for the uses and structures proposed are to be planned and developed as units, according to the requirements and procedures set forth in this division.

(Code 1990, § 20-263; Ord. of 8-18-1986, § 3.04(D); Ord. No. 88-21A, 10-13-1988; Ord. No. 21-03, Att., 4-6-2021)

(a)

Generally. The permitted and special uses of the underlying zoning districts within the proposed planned commercial development, at the time the planned commercial development is located on the zoning district map by the town, shall be incorporated in and be the permitted and special uses within the planned commercial development, except that uses may be deleted, or compatible uses may be added by the town at the time of approval as a condition of approval of the PCD, or from to time upon approval of the use amendments to the special use permit by the town council. All uses must be designated in the PCD plan and in the project documentation.

(b)

Specific special uses.

(1)

Miniature golf course. A miniature golf course is a course containing all or a significant number of elements of a regulation golf course consisting of some combination of tees, fairways, greens, sand traps, water and vegetation hazards, and varying topography, but all of which have been reduced in size to accommodate the project site and designed for the sport of golf. Putt-Putt type golf courses and animated courses are expressly excluded. Miniature golf courses, where authorized in various districts under this chapter, shall meet the following conditions and requirements:

a.

The miniature golf course and support facilities must be located within the boundary of the PCD project.

b.

The miniature golf course must be compatible with the land uses in the PCD project.

c.

The miniature golf course site shall consist of at least 30,000 square feet of land area for an 18-hole course with parking and golf course facilities. The total number of golf course holes shall not exceed 36 holes of play. In addition, a separate practice putting green may be located within the miniature golf course site boundary.

d.

To the extent possible, the course design and layout shall utilize the natural terrain of the site. Alteration of the existing natural topography and the creation of other natural topographical features such as hills, mounds and waterfalls shall require the approval of the planning board and town council. There shall be no animation on or around the course and within the golf course site. The golf course site and course shall utilize only water, earth and natural vegetation as hazards, decorative features and other play-related features and shall not use artificial devices including, but not limited to, miniature buildings, animal, human or vehicular models, signs (other than hole number signs) or billboards. A site plan, including the location and identification of trees larger than six inches in diameter, shall be required for miniature golf courses. The PCD submission and review procedure shall apply to the planning review of the golf course site.

e.

The course shall be buffered from adjacent parcels outside the PCD by a vegetated buffer; however, it is permissible for the course to be visible from US Highway 158 if the PCD boundary is contiguous to the right-of-way of US Highway 158. The buffer shall be a vegetated buffer with plants, shrubs and trees approved for such use by the planning board. The vegetated buffer shall be maintained by the manager or association responsible for maintenance of the planned commercial development.

f.

There shall be no neon or flashing lights in the miniature golf course site boundary. Lighting of the course shall be contained on the site and shall not interfere with the reasonable enjoyment of adjacent parcels or traffic on streets or highways.

g.

The electrical transmission of sound shall be prohibited.

h.

Alcoholic beverages may not be sold or consumed in the miniature golf course area.

i.

Restroom facilities shall be located within the golf course area for use by the players.

j.

The golf course design shall accommodate stormwater retention and shall comply with chapter 32, pertaining to soil erosion and sedimentation control.

k.

There shall be one space of parking for each numbered hole plus one parking space for each employee working in the golf course site. All parking spaces shall be located within 400 feet of the golf course.

l.

Trash receptacles shall be centrally located and maintained within the golf course site.

(2)

Retail sale of Christmas trees and wreaths subject to the regulations set forth in section 42-502(3).

(3)

Multi-family dwelling development. The maximum permitted density shall be 14 residential dwelling units per acre.

(4)

Mini-warehouse. In addition to general requirements, mini-warehouse storage facilities shall be subject to the following conditions:

a.

All storage for mini-warehouse storage facilities shall be within a completely enclosed building. Keeping, storing, or parking of any type of motor vehicle or equipment outdoors is prohibited. A moving truck owned by the storage facility is allowed on site to be made available to tenants for move-in and move-out only.

b.

A street level loading area shall be permitted as part of the storage facility, pit loading docks are not permitted.

c.

Storage of hazardous and flammable materials shall not be permitted.

d.

Tenant identification signs and advertising signs are prohibited. All signs shall complement the exterior building design and construction. All building signage shall be consistent with article VI, division 3 (signs) of this chapter.

e.

Mini-warehouse storage facilities shall be designed to emulate multi-family or office buildings.

f.

Access to the building(s) shall be monitored by electronic security and/or facility staff at all times.

g.

Mini-warehouse facilities shall not be used as a base of operations for any business/tenant utilizing storage space within the facility.

h.

Building(s) shall consist of the following elements:

1.

Buildings shall be oriented to the street, with a functional primary entrance on their façade.

2.

Provide façade treatments with the greatest amount of detail and refinement at the street. A variety of the following features shall be incorporated into each building façade design:

i.

Color and/or texture differences.

ii.

Recesses or projections, including roof cave overhangs.

iii.

Awnings.

iv.

Peaked or articulated roof forms.

v.

Raised corniced parapets.

vi.

Canopies or porticos over actual pedestrian entryways.

3.

Primary materials shall include, but are not limited to:

i.

Brick or brick masonry veneer.

ii.

Stone.

iii.

Integral colored textured concrete block.

iv.

Metal panel siding.

(Code 1990, § 20-264; Ord. of 8-18-1986, § 3.04(E); Ord. No. 88-21A, 10-13-1988; Ord. No. 89-14, 7-17-1989; Ord. No. 94-7, 3-7-1994; Ord. No. 97-13, 12-17-1997; Ord. No. 21-03, Att., 4-6-2021; Ord. No. 22-02, 1-10-2022; Ord. No. 23-11, 12-4-2023)

(a)

The four review phases of planned commercial development shall be as follows:

(1)

Preapplication conference.

(2)

Conceptual review.

(3)

Preliminary development plan and site plan approval.

(4)

Final development and site plan approval.

(b)

The developer or landowners may waive the preapplication conference and proceed with the conceptual review phase; however, developers and owners are encouraged to request a preapplication conference with the planning board.

(Code 1990, § 20-265; Ord. of 8-18-1986, § 3.04(F); Ord. No. 88-21A, 10-13-1988)

(a)

Preapplication conference. The planner shall schedule a preapplication conference with the planning board not less than 15 days and not more than 25 days after the written request has been filed with the town planner.

(b)

Purpose. The purpose of the preapplication conference shall include, but not be limited to:

(1)

Discussion and explanation by the planning board of the procedure for reviewing and approving a planned commercial development as well as materials and information required for such review.

(2)

Discussion by the planning board of the applicant's development concept and proposal including proposed, permitted, special, and unspecified uses within the planned commercial development boundaries.

(3)

Discussion by the planning board of any environmental issues raised or identified by the owner, developer, planning board or town staff.

(4)

Discussion of the proposed uses with respect to the surrounding uses and zoning districts as well as general land use plan considerations.

(c)

Sketch plan. Sketch plans drawn to appropriate scale and in such a manner as to minimize initial expense and encourage sufficient design flexibility to accommodate required changes without undue hardship to the developer may be submitted, and in such event, shall be reviewed by the planning board.

(Code 1990, § 20-266; Ord. of 8-18-1986, § 3.04(F)(a); Ord. No. 88-21A, 10-13-1988; Ord. No. 07-11, § 20-266, 5-7-2007; Ord. No. 21-03, Att., 4-6-2021)

(a)

Generally. The conceptual plan shall demonstrate a project concept in which various general land uses and developments have been integrated into a harmonious plan concerning such matters as vehicular and pedestrian corridors, recreational areas, open space and green areas, parking areas, general proposed uses, utility areas and corridors, and special environmental areas.

(b)

Formal application. Any person or entity seeking planning board review of a proposed planned commercial development shall file a written application in the form provided by the town. In addition, the applicant must file a wetland map delineating any wetland areas within the project boundary with a certification by a licensed engineer or surveyor that the wetlands delineated thereon have been flagged on the ground surface, reviewed, and approved by the Corps of Engineers, and accurately depicted on the wetland map. If there are no wetland areas within the project boundary, then a certification to that effect shall be signed and filed with the town planner at the time the application is filed.

(c)

Plan submission requirement. Any applicant seeking conceptual plan review by the planning board shall file the following with the town prior to being scheduled for planning board review:

(1)

A written application on the form provided by the town, signed by the applicant and all property owners within the proposed planned commercial district, including their addresses and telephone numbers. The application shall include the zoning amendment application to locate the planned commercial development within an existing zone authorized for planned commercial districts.

(2)

Payment of the planned commercial district review fee which shall be one-third of the planned commercial district review fee.

(3)

The conceptual plan prepared in conformity with this chapter.

(4)

A written legal description prepared by an attorney licensed in the state based on a boundary survey of the property within the planned commercial development.

(5)

A boundary survey of the property within the planned commercial development prepared by a surveyor licensed in the state or an engineer licensed in the state.

(d)

Conceptual review. The town planner shall compute the planned commercial development review fee for the project and the applicant shall pay one-third of the total planned commercial development review fee computed by the town planner as the conceptual phase review fee. Such fee shall be paid when the application is filed with the town. No conceptual review shall commence until the applicant has completed procedures and requirements outlined in subsections (b) and (c) of this section.

(e)

Purposes. The planning board shall review the conceptual plan of the applicant to obtain as nearly as possible conformity with these regulations and ensure:

(1)

The proposed land uses are allowed by the underlying zones of the proposed planned commercial development project area.

(2)

The grouping of land uses within the planned commercial development are appropriate to each other and compatible with or minimally impact adjoining property uses.

(3)

The proposed pedestrian and vehicular circulation patterns within the project will be compatible and the impact of existing adjoining trafficways will be minimized.

(4)

The open spaces, parking, circulation patterns, land use types, pedestrian easements and amenities, and architectural styles and themes are well integrated, and are related to the natural features of the site.

Specific site and zone elements, standards, and specifications will not be reviewed during the conceptual phase review and the applicant should not submit such detailed information with the materials filed for conceptual phase review.

(f)

Review procedure.

(1)

After all required materials have been filed with the town and the conceptual review phase fee has been paid, the town planner shall review the materials to ensure their completeness and compliance with this chapter. If the application and materials are approved by the town planner, then the development shall be placed on the planning board agenda for review by the board.

(2)

During conceptual review the planning board shall make any recommendations or changes and board recommendations shall be recorded in writing. All such recommendations shall be supported by stated reasons for the proposal for change. Applicants may, in writing, indicate their agreement to such recommendations or their disagreement. If the applicant disagrees with the planning board, then the applicant shall, in writing, indicate the reasons for the disagreement. The written response of the application shall be included in the town project file.

(3)

The planning board shall approve, disapprove, or approve with recommended modifications the conceptual plan as well as approve or deny the applicant's zoning amendment request to locate a planned commercial development district at the location set forth in the application and the necessary zoning changes in the town zoning map.

(4)

Thereafter, the recommendation of the planning board shall be placed on a regular council meeting agenda at which the town council shall set a public hearing on the applicant's zoning amendment request. Following the public hearing, the town council may adopt or reject the zoning amendment amending the town zoning map.

(5)

If the zoning amendment is adopted, then within 60 days thereof, the applicant shall pay the balance of the planned commercial development review fee and proceed with the preliminary plan review phase as set forth in this division. If the applicant does not pay the balance of the planned commercial development fee and file the required plans and documents within 60 days, then the town council may, by zoning amendment, repeal the planned commercial development district amendment to the zoning map.

(6)

The planning board will recommend approval, denial, or approval with recommendations of the planned commercial development application and in its recommendation, the planning board shall state its position with respect to issues left unresolved by the conceptual phase review.

(Code 1990, § 20-267; Ord. of 8-18-1986, § 3.04(F)(b); Ord. No. 88-21A, 10-13-1988; Ord. No. 07-11, § 20-267, 5-7-2007)

(a)

Purpose. The detailed project plan and site plan review is to establish that the plans are in compliance with the project standards, specifications, and conditions or the ordinance and consistent with the conceptual plan approval. Project plats should be sufficiently detailed to permit the location of all improvements, common areas, rights-of-way, and open spaces or common properties, structures, signs, utilities, lighting systems, and any other information required by this chapter on the surface of the ground as shown on the project plat.

(b)

Plan submission requirements. The applicant shall submit ten copies of the preliminary development plan and separate site plans for each proposed use within the development. The planning board may waive the requirement of submitting one or more of the separate site plans. The applicant shall pay the balance of the planned commercial development review fee. The material submitted with the application or requested by the planning board or the town council shall include such plans, maps, studies, and reports which may reasonably be required to conduct the review in accordance with this chapter. Ten copies of each map, plan, plat, or other material shall be submitted to the town unless the planning board permits less than ten or requires more than ten of any such item. In addition to any other reasonable specifications deemed by the planning board necessary to ensure compliance and consistency of the preliminary plan with the conceptual plan, the preliminary development plan and commercial site plan shall include and comply with the following:

(1)

The proposed name of the planned commercial development.

(2)

The location by legal description and survey showing boundary line and the total acreage encompassed thereby.

(3)

The name and address of the owner and the applicant if different from the owner, together with the name and address of the plan engineer, architect, or designer of the plan.

(4)

The scale of plan shall be one inch to 100 feet, and the date, north arrow and a vicinity map shall be included.

(5)

A detailed topographical map.

(6)

A tabulation of the various land uses proposed, showing the total site area and the total floor area for each use.

(7)

A tabulation of all natural or landscaped open areas shown on the plot plan, including the square footage of each type.

(8)

The location, widths, and names of all existing or prior platted streets, utility easements and rights-of-way, buildings and structures, and municipal boundary lines within 500 feet.

(9)

Existing water mains, culverts, and other underground facilities within the tract, indicating pipe sizes, grades, manholes, and location.

(10)

A planned commercial development internal traffic flow and pedestrian walkway plan and an internal parking area traffic flow plan. Accessways shall not be less than 30 feet or not more than 40 feet in width at their intersection with the project boundary line. Accessways shall be installed with curbs of concrete if required by the planning board. In such event, curb returns shall have a minimum radius of 30 feet. No accessway entering the project shall be located less than 100 feet from another accessway or 50 feet from the adjoining property owner. The location and design of accessways shall be such that traffic congestion is reduced as much as possible and traffic hazards are eliminated.

(11)

The location, arrangement, and dimensions of automobile parking spaces, width of aisles, width of bays, angle of parking, and location of handicapped spaces and ramps.

(12)

The separation of service and delivery areas from customer and resident parking areas as well as from other vehicular and pedestrian circulation patterns.

(13)

The methods of separating vehicular and pedestrian circulation patterns and the location of pedestrian access patterns to various pedestrian-oriented areas of the planned commercial development from parking areas and public transportation stops or terminals. Pedestrian ways shall be designed to accommodate bicycle use or, in the alternative, bike paths may be included as part of the vehicular and pedestrian flow plan.

(14)

The location, arrangement, and dimensions of truck loading and unloading spaces and doors.

(15)

The location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes, fire lanes and service lanes.

(16)

The location and dimensions of pedestrian entrances, exits, and walkways.

(17)

The drainage system, stormwater management plan, and septic facilities.

(18)

The location, height, and materials of walls, fences and screen plantings and buffer zones.

(19)

The ground cover, finished grades, slopes, banks and ditches.

(20)

Architectural sketches of proposed buildings, structures, and signs.

(21)

The size, location, and orientation of all signs.

(22)

Buildings shall be planned with a common architectural theme or compatible themes for the entire project.

(23)

The elevations of all buildings proposed to be built within the project.

(24)

Restrictive covenants as may be required.

(25)

Where applicable, the applicant shall comply with all of the following:

a.

Chapter 38, article II, pertaining to subdivisions.

b.

Chapter 32, pertaining to sand dune protection.

c.

A natural features site plan. The natural features site plan shall identify and locate significant natural features within the project as well as demonstrate how those features will be utilized, preserved, or protected within the project site. Significant natural features shall include, but not be limited to, dunes, ridgelines, swales, large trees, ditches, banks and rare or endangered plant species indigenous to the area and identified on the schedule of rare and endangered plants filed with the town.

d.

CAMA rules and regulations.

e.

Chapter 14, pertaining to flood prevention.

(26)

The rules, regulations, and procedures of the appropriate regulatory agency or agencies must be satisfied with respect to wastewater treatment systems and any necessary permits therefor obtained.

(27)

Where the planned commercial development is to be phased, then a phased construction plan shall be filed indicating the boundaries of each construction phase and the sequence of the phased construction.

The planning board may waive the requirement that one or more of the requirements of this subsection be depicted or shown on the preliminary project plans if the planning board deems depiction of the item on the plans is unnecessary in order to ensure satisfaction of the particular standard.

(c)

Procedure.

(1)

The town planner shall review the preliminary development plan and site plans to ensure the plans are complete and fulfill the technical requirements of this section. If acceptable, the town planner shall schedule the preliminary review at the next regular planning board meeting. The planning board may continue its review at subsequent meetings, whether regular or special, until the review has been completed.

(2)

After completing its review, the planning board shall make its recommendation to the town council which shall be either approval, disapproval, or conditional approval of the preliminary development plan and site plans.

(3)

The town council shall review the preliminary development plan and the commercial site plans and shall grant approval, disapproval, or conditional approval of the preliminary development plan and any commercial site plans. The town council, in its discretion and at its option, may approve the preliminary development plan and disapprove or conditionally approve one or more commercial site plans within the project. In such event, no construction work shall commence within the area of the disapproved commercial site plan or conditionally approved site plan until the conditions have been satisfied and verified by the town planner or the disapproved commercial site plan has been modified and subsequently approved by the town council.

(4)

An amendment to the preliminary plan or commercial site plan shall be required for any significant deviation in the construction and implementation of the project plans. The town planner shall determine whether a deviation is significant within the meaning of this subsection; however, any deviation which itself fails to meet the standards of this chapter or which results in a standard becoming unsatisfied as well as changes in the locational layout of infrastructure, uses, additional structures, or additions to existing structures and change in location of commercial sites other than minor adjustments of the building footprint shall be deemed to be significant deviations or modifications requiring planning board and town council approval.

(5)

The planning board shall complete its plan review and submit its recommendation to the town council within 120 days of the initial planning board meeting for preliminary development phase review of the project unless the town council extends the planning board review period for an additional period not to exceed 90 days. Should the town review process be interrupted for any reason beyond the control of the town, then the provisions of this subsection shall be suspended until the town review process can be recommenced.

(6)

After the town council has approved the preliminary development review plan, the applicant may be issued a land disturbing activity permit and commence construction of the infrastructure, notwithstanding the disapproval or conditional approval of one or more commercial site plans within the planned commercial development.

(7)

No land disturbing activity or construction of buildings shall occur on a commercial site within the planned commercial development until the commercial site plan for the proposed building and improvements has been approved by the town council. Thereafter, land disturbing activity permits for the construction of utilities and infrastructure improvements within the commercial site and building permits for the construction of structures to be utilized for the approved uses of the commercial site shall be issued upon the application therefor by the owner or applicant.

(8)

After the town council has approved the entire preliminary development plan, the development may be constructed in phases, provided the following requirements are met:

a.

Each phase must meet all the requirements of the division and the approved preliminary plan, and no construction shall commence on any phase until all commercial site plans within the phase have been approved by the town council.

b.

Each phase must be completed, inspected, and satisfactory test results submitted to the town before the next approved phase of construction can commence.

c.

Time period for commencing and completing the first phase shall be two years and one year for each successive phase thereafter.

(9)

After construction of the infrastructure within the project or within a phase of the project, the applicant shall submit the following to the town:

a.

Test results confirming that all roads, driveways, or vehicular ways within the development have been constructed and paved to town street standards.

b.

Written evidence that the appropriate governmental agency has approved the design and construction plans and, upon completion of construction, certification from an engineer licensed in the state that the septic, water, or sewer system or utility system has been constructed in accordance with the approved plans and specifications. Making a false certification under this subsection shall be a misdemeanor and conviction of the same shall be reported to the appropriate licensing board regulating the profession of the person so convicted.

(Code 1990, § 20-268; Ord. of 8-18-1986, § 3.04(F)(c); Ord. No. 88-21A, 10-13-1988; Ord. No. 91-21, § C, 12-10-1991)

All planned commercial developments shall conform to the following standards and requirements in addition to any other requirements of the town council, and county, state, and federal regulations applicable to the planned commercial development:

(1)

Minimum size of site. A planned commercial development site shall not be less than five contiguous acres in size, with not less than 500 feet of total road frontage on US Highway 158 or NC Highway 12, except that portions of the site may be separated by public or private rights-of-way not more than 60 feet in width. A planned commercial development shall not be divided or traversed by US Highway 158 or NC Highway 12.

(2)

Number of buildings. More than one principal building may be permitted on a lot in a planned commercial development, provided each principal building is designed and arranged to conform with a development plan approved by the planning board and the town council.

(3)

Minimum buffer required. No structure, parking area or other facility such as trash collection areas or other use, except open spaces for recreational or decorative purposes and subsurface water, wastewater and septic systems and underground utilities shall be erected or established within a distance of 50 feet from any planned commercial development project exterior boundary or perimeter line, except that where a PCD abuts a planned unit development (PUD), or abuts a non-residential zoning district, this restriction shall not apply. If the restriction applies, vegetation shall be maintained in the buffer zone.

(4)

Off-street parking and loading facilities.

a.

All off-street parking and loading facilities established as a part of a planned commercial development shall conform to the requirements and design standards established by this chapter.

b.

Handicapped ramps shall be provided near handicapped parking areas.

c.

Each shop or store shall have access to a rear or side entrance that is within a reasonable distance and is accessible to a loading area and service drive. Service drives shall be of such width and arrangement to provide adequate access to site facilities, as approved by the town, and shall be in addition to and not a part of the drives or circulation systems used by vehicles or shoppers. Loading and delivery zones shall be clearly marked.

d.

Bicycle parking devices shall be installed to provide one bicycle parking space for each 50 auto parking spaces. Design of parking devices can be obtained from the bicycle program of the state department of transportation and shall be built in accordance therewith.

(5)

Preservation of noteworthy features. In all planned commercial developments, to the maximum degree reasonably practicable, efforts shall be made to preserve the natural environment, historic sites, scenic points, large trees and other desirable natural growths, watercourses and other water areas, and other features worthy of preservation, either as portions of public sites and open spaces, or in such other form as to provide amenity to the neighborhood. Large trees or other desirable natural growth located in public or private rights-of-way or public or private easements shall not be removed unless such removal is necessary for the installation of utilities or drainage structures or for other purposes in the public interest. Such removal may be prohibited if the amenity of adjacent property, or the amenity of the general neighborhoods, is adversely affected.

(6)

Maximum lot coverage. The total ground area occupied by all principal buildings together with all accessory buildings and parking lots shall not exceed 50 percent of the total area of the planned commercial development, but driveways, walkways, and streets shall not be included for the purpose of the maximum lot coverage calculation.

(7)

Height limitations. Maximum total height shall not exceed 35 feet from existing grade exclusive of chimneys, flagpoles, communication masts and aerials.

(8)

Traffic control and traffic flow. There should be one primary accessway from the planned commercial development property to a public or private right-of-way. If the planned commercial development fronts on US Highway 158, then it shall have one access to said highway. The planning board may approve one or more secondary accessways if additional access points are needed in order to ensure orderly and safe traffic movement within the district and between the district and adjoining areas. The applicant shall install such traffic control devices as recommended by a traffic engineer, traffic consultant or the state highway engineer and approved by the planning board both within the district and at any places where planned commercial development traffic arteries, roads, streets or ways intersect a public or private right-of-way. The cost of installing the traffic control devices shall be paid by the applicant. The planned commercial development shall maintain all traffic control devices within the district which are located on the development property. There shall be no parking areas contiguous to the right-of-way margin or any area used for through vehicular traffic such that a vehicle is required to back or maneuver into the planned commercial development traffic system while entering or leaving a parking space.

(9)

Lighting. All parking areas and accessways shall be floodlighted in accordance with the standards of the town. All outside lighting shall be arranged and shielded to prevent glare or reflection, nuisance, inconvenience or hazardous interference of any kind on adjoining lots or residential areas or area traveled by motor vehicles, and shall provide security for planned commercial development customers.

(10)

Fire hydrants. Fire hydrants shall be required at locations approved by the planning board and the fire chief. No portion of a building shall be farther than 250 feet nor closer than 50 feet to a fire hydrant. Hydrants shall be protected from traffic in accordance with the requirements of the town and shall be marked and painted as required by the town and the fire department. The planned commercial development shall mark and maintain fire lanes. Parking shall not be permitted in fire lanes.

(11)

Garbage and refuse containers. Containers for garbage and refuse shall be provided in accordance with the requirements of the town, and if applicable, the county department of public works. Areas for screened dumpsters shall be provided so as to be out of the traffic flow, accessible to garbage trucks at all times and of adequate size to meet the needs of all uses at the center. Garbage pickup and commercial deliveries shall be during the hours between 7:00 a.m. and 9:00 p.m.

(12)

Stormwater management. It shall be required that an adequate method for managing stormwater runoff be developed. Whenever possible, stormwater management systems, parking layout and the location of curbs and gutters should be planned simultaneously. Any enclosed portion of a system should be designed to manage stormwater, not just to dispose of it or disperse it. No stormwater runoff shall be allowed within pedestrian ways or pedestrian easement areas.

(13)

Public restrooms. Public restrooms shall be required on each commercial retail building. The public restroom shall be located such as to be convenient to the public and shall be maintained by the operator or applicant in a clean and sanitary condition. The location of all restrooms shall be clearly marked. Buildings used solely for offices or offices and residential use shall not be required to contain public restrooms.

(14)

Signs.

a.

Identification sign. One freestanding planned commercial development site identification sign shall be permitted at the access or entranceway designated as the primary accessway or entranceway. The planned commercial development identification site sign shall not exceed 48 square feet, except that for a PCD overlay on a BC-3 zoning district, the sign shall not exceed 64 square feet.

b.

Secondary accessway or entrance way identification signs. A secondary accessway or entranceway planned commercial development site identification sign may be permitted with the approval of the planning board. The secondary planned commercial development site identification sign shall not exceed ten square feet and the sign and structure supporting it shall not exceed ten feet from the undisturbed ground surface. Both the primary and secondary planned commercial development site identification signs must be located so as not to block or interfere with the ability of motor vehicle operators to observe the traffic while the operators are entering or exiting the planned commercial development area. All planned commercial development site identification signs shall be indirectly lighted so that the light is retained on the site and does not interfere with traffic or neighboring property owners. No internal illumination shall be allowed and no neon or animated signs shall be allowed.

c.

Directory locator sign. Directory locator signs may be located at the entrances to parking lots. The businesses contained on the directory locator sign should be those businesses whose planned commercial development entrance is closest to the parking lot where the specific directory locator is located. These signs should be no larger than necessary to allow them to be read from a slowly moving vehicle. These signs shall not exceed seven feet in height.

d.

Directional signs. Directional signs for pedestrian and vehicle traffic shall be located as needed within the planned commercial development subject to planning board approval. No directional sign shall exceed six square feet in size.

(15)

Hotels. In this subsection, the term "hotel" includes any motel or motor inn. The following provisions apply to hotels:

a.

The maximum height of a structure shall be 35 feet exclusive of chimneys, communications masts and aerials, and observation towers.

b.

The density of hotel units shall not exceed 24 hotel units or hotel efficiency units per acre.

c.

Hotel units shall be at least 300 square feet in area.

d.

A ten-foot-wide paved vehicular access along all four sides of principal structures shall be provided suitable for firefighting and rescue equipment. The edge of the paved access nearer the structure shall be no closer than ten feet nor farther than 20 feet, from the sides of the structure.

e.

Fire hydrants shall be protected from traffic in accordance with requirements of the town and shall be marked and painted as required by the town and the fire department.

f.

If the building is not to be sprinkler protected in accordance with National Fire Protection Association standards, the fire flow of the fire hydrants at or nearest the site shall be tested by an independent testing laboratory at the expense of the developer. If the fire flow is found to be deficient according to insurance service office (ISO) standards applicable to the requirements of the town, the fire flow shall be brought up to ISO standards at the developer's expense. The decisions to use a sprinkler system or to adjust a fire flow shall be made prior to issuance of a building permit. The fire flow test shall be made during the period of peak water demand as determined from water consumption data maintained by the county water department. Where sprinkler systems are not required, a standpipe system shall be installed which meets ISO fire flow standards.

g.

Emergency electric generators or approved and maintained battery packs, to provide lighting in hallways and stairwells during period of public utility power outages, shall be installed and tested regularly at the expense of the developer.

h.

To the extent not inconsistent with the specific provisions of this subsection, the dimensional requirements specified in section 42-98 shall govern a hotel development.

i.

Hotels may have as accessory uses retail shops or offices which offer goods and services for the benefit of their occupants and guests; provided that all such establishments shall be designed to meet the requirements of occupants and guests of the hotel in which such establishment is located; and further, provided, that there be no sign or evidence of such establishment outside of the hotel.

j.

For hotel uses only in the BH-1 zones of the town, the structure may have three habitable floors provided the maximum height of 35 feet is not exceeded.

k.

One and one-half parking spaces shall be allocated for each hotel unit. Parking under wood frame hotel structures is prohibited.

l.

The developer of a hotel shall afford evidence of the existence of a private or public beach fronting on the Atlantic Ocean for a distance of at least 100 feet in width and extending landward from the mean high water line to the eastern right-of-way margin of NC Highway 12, and readily accessible for use and enjoyment by the guests of the hotel. The area shall be accessible by public accessway extending from NC Highway 12 to the Atlantic Ocean. In the absence of such a public beach area, the hotel developer shall acquire in fee simple or by perpetual easement such an area and dedicate the area as a public beach. As an alternative to acquiring the prescribed beach area, the developer may pay to the town prior to the issuance of an occupancy permit, an annual beach access impact fee in such amount as may be specified in the regularly adopted beach access impact fee schedule of the town to be earmarked for land used by the town in carrying out a program of acquiring beachfront properties for public use.

(Code 1990, § 20-269; Ord. of 8-18-1986, § 3.04(G); Ord. No. 88-21A, 10-13-1988; Ord. No. 94-7, 3-7-1994; Ord. No. 00-45, 12-4-2000; Ord. No. 01-10, 4-2-2001; Ord. No. 04-26, § 20-269, 9-13-2004; Ord. No. 07-11, § 20-269, 5-7-2007; Ord. No. 14-11, 11-3-2014; Ord. No. 16-09, 7-5-2016; Ord. No. 18-07, 9-4-2018)

The developer or owner shall submit a declaration of covenants and restrictions to the town for its review and approval. The covenants and restrictions shall provide for the regulation, maintenance, and operation of the planned commercial development common areas, open spaces, recreational areas, and, if appropriate, the maintenance of rights-of-way within the site.

(Code 1990, § 20-271; Ord. of 8-18-1986, § 3.04(H)(2); Ord. No. 88-21A, 10-13-1988)

The planning board shall conduct the final review of the commercial development and the commercial site plans after completion of the construction of the development or each phase if constructed in stages or phases. Prior to final review by the planning board, the applicant shall submit any necessary infrastructure test results and a certification from the project engineer and/or architect that the project as built conforms with the plans and specifications filed with the town. In addition, the town building inspector and town zoning officer shall submit to the planning board an as-built certification that based upon their examination of the project, it complies with the preliminary development plan and commercial site plans. Final review by the town council shall not be required.

(Code 1990, § 20-272; Ord. of 8-18-1986, § 3.04(I); Ord. No. 88-21A, 10-13-1988)

(a)

After final approval by the planning board of the final plat or the final plat of a specific phase of the project, the applicant shall deliver a copy of the plat acceptable for recording with the office of the register of deeds of the county, and the applicable recording fee to the town planner within ten days of the final planning board approval.

(b)

Upon receiving the recording fee and plat, the town planner shall issue a permit to the applicant stating that the phase (if appropriate) or the project development has been finally approved and buildings within the approved phase or within the project may be occupied for the authorized uses in accordance with the project approval. Thereafter, the building inspector may issue certificates of occupancy for the buildings within the approved phase provided other building requirements have been satisfied.

(c)

After final approval of a phase or the project, there shall be no deviation in or change in the use of any building or any area of the approved commercial development without first obtaining planning board and/or town council approval.

(Code 1990, § 20-273; Ord. of 8-18-1986, § 3.04(J), (K); Ord. No. 88-21A, 10-13-1988)

Unless stated otherwise, this division applies to the emergency and governmental services district. This district is established to provide for the proper grouping and development of medical services, medical offices, emergency and governmental service facilities in the town.

(Code 1990, § 20-291; Ord. No. 96-9, 5-6-1996)

The following are permitted uses in this district:

(1)

Hospitals and medical centers.

(2)

Town owned or leased facilities.

(3)

State owned facilities.

(Code 1990, § 20-292; Ord. No. 96-9, 5-6-1996)

The following are special uses in this district:

(1)

Licensed physician offices.

(2)

Chiropractor offices.

(3)

Optometrist offices.

(4)

Fire stations.

(5)

Emergency heliport, pursuant to the standards set forth in section 42-250(c)(8).

(6)

Emergency medical station.

(7)

Pharmacies and sales of medical supplies in support of medical services.

(8)

Veterinary hospitals and clinics, subject to other requirements of this chapter and provided the following conditions are met:

a.

No animals shall be kept or boarded outside the principal building and there shall be no structure, runs, or pens used for boarding, holding or restraining animals located upon the site outside of the principal building.

b.

The principal building shall be constructed in such a manner and with such materials as to prevent any noise originating within the facility from being heard beyond the approved site boundary line. An architect, engineer or other qualified professional must certify on the site plan that the proposed design and materials will allow no animal noise originating within the building to be heard at any point on the approved site boundary.

c.

All animal waste must be disposed of through the facility septic system and the applicant must submit evidence that the appropriate county or state department has approved the proposed septic systems for the disposal of animal waste.

d.

No dead animal shall be placed in any outside receptacle located on the premises outside the facility.

e.

A vegetated or constructed visual buffer may be required.

f.

Exterior lighting shall be of low intensity and shall reflect upon the site in such a manner as not to interfere with traffic on public streets or highways.

(Code 1990, § 20-293; Ord. No. 96-9, 5-6-1996; Ord. No. 07-08, § 20-293, 3-5-2007; Ord. No. 14-12, 12-1-2014; Ord. No. 21-03, Att., 4-6-2021)

(a)

Lots shall be sufficient size to meet the requirements of the county health department, to provide adequate siting for structures and to provide parking, loading, and maneuvering space for vehicles as required by article VI, division 2 of this chapter.

(b)

The minimum front yard is 15 feet.

(c)

The minimum side yard is ten feet. No side yard is required if the building is constructed with a common wall. An additional five feet side yard adjacent to the street is required for a corner lot.

(d)

The minimum rear yard is 20 feet.

(e)

The maximum allowable lot coverage by principal use and all accessory structures is 60 percent. Maximum lot coverage physical area of 72 percent, provided that any lot coverage physical area in excess of 60 percent is comprised of permeable pavement. Permeable pavement failure shall require that the failed permeable pavement is removed and replaced by a pavement meeting the definition of permeable pavement herein with design pavement performance equal to, or better than, the represented performance of the approved pavement.

(f)

Maximum height limitations are a total height of 35 feet from existing grade exclusive of chimneys, flagpoles, communications masts and aerials.

(Code 1990, § 20-294; Ord. No. 96-9, 5-6-1996; Ord. No. 04-26, § 20-294, 9-13-2004; Ord. No. 21-12, 12-6-2021; Ord. No. 24-11, 8-5-2024)

Any person desiring to construct or enlarge a structure for a use or to support a use on the same site and any person desiring to change the authorized use of an existing structure to another permitted or special use shall first submit site plans to the planning board for review and its approval as provided in this article.

(Code 1990, § 20-295; Ord. No. 96-9, 5-6-1996; Ord. No. 21-03, Att., 4-6-2021)

Any building constructed in the zone for a use must comply with the applicable standards of the state building code. Where the use of an existing building is changed from an existing use, the owner must obtain site plan approval from the planning board and an occupancy permit before making a different use of the building. The structure must satisfy all state building code standards and requirements applicable to structures for the use proposed at the time of the application of the occupancy permit.

(Code 1990, § 20-296; Ord. No. 96-9, 5-6-1996)

A plan that will ensure the stabilization and subsequent revegetation of all areas that have been disturbed in accordance with chapter 12, article II, pertaining to sand dune protection and chapter 32, pertaining to soil erosion and sedimentation control, is required.

(Code 1990, § 20-297; Ord. No. 96-9, 5-6-1996)

Unless stated otherwise, this division applies to the open space and recreation district. This district is established to provide for the proper grouping and development of public parts and open space, nature preserves and maritime forest areas, public recreational areas and certain private recreational uses in the town.

(Ord. No. 04-05, § 20-300, 3-1-2004)

The following are permitted uses in this district:

(1)

Public parks and recreational facilities.

(2)

Public beach and sound accesses.

(3)

Maritime forest preserves.

(4)

Multipurpose trails.

(5)

Town owned or leased facilities.

(6)

State owned facilities.

(Ord. No. 04-05, § 20-301, 3-1-2004; Ord. No. 06-18, § 20-301, 12-4-2006)

The following are special uses in this district:

(1)

Public and private golf courses.

(2)

Public swimming pools and recreational facilities.

(3)

Public playground equipment.

(4)

Public information centers.

(Ord. No. 04-05, § 20-302, 3-1-2004; Ord. No. 21-03, Att., 4-6-2021)

This district is for the provision of traditional recreational facilities but not recreational uses such as, but not limited to, the following:

(1)

Public or private amusement parks.

(2)

Public or private carnivals.

(3)

Public or private go-carts, motorcycle or all-terrain vehicle tracks.

(4)

Public or private Putt-Putts, mini-golf, etc.

(5)

Public or private horseback rides or carriage rides.

(6)

Water passenger shuttle service.

(Ord. No. 04-05, § 20-303, 3-1-2004; Ord. No. 06-18, § 20-303, 12-4-2006)

(a)

Lots shall be sufficient size to meet the requirements of the county health department, to provide adequate siting for structures and to provide parking, loading, and maneuvering space for vehicles as required by article VI, division 2 of this chapter.

(b)

The minimum front yard setback is 15 feet.

(c)

The minimum side yard is ten feet.

(d)

The minimum rear yard is 20 feet.

(e)

The maximum allowable lot coverage by the principal use and all accessory structures is 30 percent, not including pedestrian trails or walkways.

(f)

Maximum total height shall not exceed 35 feet from existing grade exclusive of chimneys, flagpoles, communication masts and aerials. The structure shall have a minimum roof pitch of three feet by 12 feet.

(Ord. No. 04-05, § 20-304, 3-1-2004; Ord. No. 04-26, § 20-304, 9-13-2004; Ord. No. 06-15, § 20-304, 10-2-2006)

Any person desiring to construct or enlarge a structure for a use or to support a use on the same site and any person desiring to change the authorized use of an existing structure to another permitted or special use shall first submit site plans to the planning board for review and its approval as provided in this article.

(Ord. No. 04-05, § 20-305, 3-1-2004; Ord. No. 21-03, Att., 4-6-2021)

Any building constructed in the zone for a use must comply with the applicable standards of the state building code. Where the use of an existing building is changed from an existing use, the owner must obtain site plan approval from the planning board and an occupancy permit before making a different use of the building. The structure must satisfy all state building code standards and requirements applicable to structures for the use proposed at the time of the application of the occupancy permit.

(Ord. No. 04-05, § 20-306, 3-1-2004)

A plan that will ensure the stabilization and subsequent revegetation of all areas that have been disturbed in accordance with chapter 12, article II, pertaining to sand dune protection and chapter 32, pertaining to soil erosion and sedimentation control, is required.

(Ord. No. 04-05, § 20-307, 3-1-2004)