Town staff may approve the following temporary uses notwithstanding other restrictions of this chapter, but including such additional conditions and safeguards as may be required by staff as a provision of such approval:

(1)

Temporary real estate sales offices may be permitted in any residential district for on-site sales of land or residences located within the subdivision within which such office is located. Any such temporary use must be terminated no more than 30 days from the date that 60 percent of the lots or residences within that subdivision are sold or one year from the date it was authorized, whichever occurs first.

(2)

Temporary construction offices may be permitted in any district to provide on-site quarters for the management and security of construction projects only. Any such temporary use must be terminated no more than 30 days from the date that construction is substantially completed or one year from the date it was authorized, whichever occurs first. The town council may delegate the administrative approval of temporary construction offices to the town manager and/or his designee.

(3)

The sale of Christmas trees and wreaths (whether natural or artificial) during the period beginning November 1 and ending December 31 of each year, subject to the following terms and conditions:

a.

A temporary use permit must be obtained from the town planning department. The town manager and planning staff members designated by the town manager shall be authorized to issue temporary use permits. If a temporary use permit application is denied by the town planning department, the applicant may appeal the denial to the town council at its next regular meeting by filing a written request to be on the town council agenda with the town clerk at least seven days prior to the next regular meeting of the town council and by also informing the town planner of the appeal to the next regular meeting. The town council will either approve, deny or defer action on the application until a subsequent meeting;

b.

No trees or wreaths shall be located within the town or state rights-of-way or in sidewalks or fire lanes;

c.

The temporary use activity may utilize not more than 20 percent of the required parking on site as well as the open space areas and excess parking areas;

d.

No Christmas tree sales shall be conducted after 11:00 p.m. and prior to 8:00 a.m.;

e.

No music shall be produced on the site with the temporary use which music is audible beyond the property lines of the lot on which the Christmas tree sales are being conducted;

f.

Signs allowed with this temporary use are: One banner up to 36 square feet, one small sign up to 16 square feet each for every 25 feet of road frontage with a maximum of four signs per lot.

g.

No signs allowed by this section shall be placed in the right-of-way.

h.

All exterior light generated in connection with the temporary use activity must be contained on the site and exterior lights must comply with current town standards;

i.

The temporary use can occur only on commercially zoned property, and the issuance of a temporary use permit to an applicant does not create a vested right for approval of temporary use permits in subsequent years. The town may deny a temporary use permit who had temporary use permit violations in the prior year which were not corrected as required by the town planner;

j.

An application must be submitted for each calendar year, and a deposit of $100.00 must be made with the town planner before the issuance of the temporary use permit. The applicant shall remove all Christmas trees and other materials in connection with the temporary use within ten days following the expiration of the permit. If the trees and materials are not removed, then the town may remove the material and trees and deduct the cost of such removal from the $100.00 deposit held by the town. The deposit or balance remaining from the deposit after deducting the aforesaid cost will be refunded to the applicant;

k.

Trailers or vehicles used to transport trees and materials to the site of the temporary use shall be concealed from observation from town streets to state rights-of-way; and

l.

In the event of a conflict between the provisions of this section and chapter 16, pertaining to licensing and business regulations, then the provisions of this section shall control.

(4)

Temporary sales of lawn and garden supplies.

a.

Sales of lawn and garden supplies and equipment may be allowed as a temporary special use only in the BC-3 zoning district subject to the standards and requirements set forth herein.

b.

The applicant shall complete the temporary special use application setting forth the square footage of the site being designated as the temporary special use of garden and lawn center sales, the period of time that the applicant desires to conduct the temporary special use, and such other information contained on the application submitted for the temporary special use permit and information deemed necessary by town staff to complete the application.

c.

The applicant must designate the location where the proposed temporary special use will be conducted on the approved site plan.

d.

The duration of a temporary special use permit issued pursuant to this subsection shall not exceed 120 days.

e.

No additional lighting shall be allowed on the site for the temporary special use.

f.

Signs allowed with this temporary use are: One banner up to 36 square feet, one small sign up to 16 square feet each for every 25 feet of road frontage with a maximum of four signs per lot.

g.

No signs allowed by this section shall be placed in the right-of-way

h.

Parking for the temporary use shall not be allowed in public or private rights-of-way, fire lanes or travel lanes designated on approved site plan.

i.

Only the parking spaces in excess of the minimum required shall be used for the temporary sales of lawn and garden supplies.

j.

The temporary sales of lawn and garden supplies can be permitted administratively by the planning and inspections department on an annual basis when the proposal is of the same scale, location, and configuration as approved during previous year by town council. If a code violation related to the temporary use has been noted during the previous year, then the application for a special use permit is not eligible for administrative review and must proceed through the traditional approval process for special uses outlined in section 42-99.

(5)

Charitable fund raising activities.

a.

Intent, scope and definition. To provide uniform standards in beach and village commercial, planned commercial and hotel zone districts for individuals to conduct charitable fund raising activities and sales and local public benefit activities as a temporary special use outside of the building on an approved site. This section shall apply to parking lots, as well as open spaces and green areas on approved site.

b.

Definition. The term "local public benefit activity," for the purposes of this subsection, means an event conducted as a part of or in furtherance of a public purpose germane to the Outer Banks or for the benefit of one or more of its communities.

c.

Temporary special use permit. A written permit must be issued for the temporary special use of charitable fund raising activities and sales and local public benefit activities within an area designated on the site plan for the 48-hour period specified in the permit. The permit shall be issued to the property owner and the individual or organization conducting the fund raising event. The temporary special use permit and submission of application shall require the information approved by the planning board based on the recommendation of the town planning staff.

d.

Nonprofit organization charitable fund raising activities and sales and local public benefit activity. Charitable fund raising activities and sales and local public benefit activities may be conducted on approved site plans of churches and public institutions in the residential zones of the town and on approved commercial site plans outside the building shown thereon in the beach and village commercial, planned commercial, and hotel zoning districts as a temporary special use pursuant to the following conditions:

1.

Charitable fund raising activities and sales and local public benefit activities conducted on open space and green areas as well as parking areas in excess of the number of the parking spaces required by this chapter for the primary use approved for the site. The temporary special use area of the parking lot must provide a means of separating vehicular traffic from pedestrian traffic. If the proposed activity is scheduled from the day after Labor Day to the day before Memorial Day inclusive, then the temporary special use of required parking spaces may be authorized by the town manager or his designee, provided the applicant demonstrates there is adequate parking for the regular approved commercial uses on the site and the applicant has a means of separating vehicular traffic from the temporary special use area.

2.

Sidewalks and fire lanes shall not be blocked or pedestrian traffic impeded by the participants of the special or temporary use of charitable fund raising activities and sales or local public benefit activities.

3.

Not more than six charitable fund raising activities and sales or local public benefit activities shall be conducted on any commercial site during each calendar year. The temporary special use shall commence and terminate at the times set forth in the temporary special use permit, and the term of the permit shall not exceed 48 hours unless otherwise approved by the town manager, but in no event more than seven days.

4.

No land disturbing activities shall be undertaken in connection with the temporary special use on the site during the period of time set forth in the temporary special use permit.

5.

The owner or legal occupant of the premises shall provide security for the items for sale and the activities conditional on the property.

6.

In the event of a conflict between this section and chapter 16, pertaining to licensing and business regulations, then the provisions of this section shall control.

7.

The applicant and the owner shall provide reasonable access to sanitary facilities for the public during the period specified in the special use permit. The location of the sanitary facilities must be designated on the site submission or designated in the application. If the town manager determines that the restroom facilities are inadequate to provide service for the number of people present or anticipated to be present, then the town manager may suspend a permit already issued until adequate sanitation facilities have been provided or placed on the site.

8.

The applicant shall complete the temporary special use permit application form and agree to donate 100 percent of the proceeds of the charitable event after expenses to the designated charity.

9.

No activity not otherwise authorized by this chapter shall be conducted pursuant to this subsection including, but not limited to, animal or mechanized rides, but further provided that games of skill or chance may be conducted in a designated area on the site pursuant to applicable local, state and federal laws.

10.

Food and beverages to be consumed within the temporary use site area and in the site area may be sold and consumed in accordance with applicable county and state health and sanitary regulations.

11.

Temporary solid waste containers approved by the town planner shall be furnished during the term of the permit and removed within 24 hours after the expiration or termination of the permit. The disposal of solid waste shall comply with applicable local and state regulations.

12.

No music or amplified noise shall be audible beyond the property lines of the approved commercial site on which the charitable fund raising activities and sales are being conducted except as provided herein.

On any commercial site on which music or amplified noise is proposed as a part of the nonprofit charitable activity, and the applicant has obtained the written consent of each owner of improved property contiguous to the subject site of the charitable fund raising activity, then this restriction shall not apply. The consent of each owner of improved contiguous property shall be required for each temporary special use permit sought by the applicant and shall expire with the expiration of the temporary special use permit. A consent of property owners who have contiguous improved property must be filed with the town no less than 48 hours prior to the temporary special use permit issuance date.

13.

All artificial lighting used in the conduct of the charitable fund raising activities and sales shall be contained on the site and shall not interfere with the operation of motor vehicles on adjoining rights-of-way or interfere with the use of adjoining properties.

14.

Any signs used in connection with the charitable fund raising activities and sales or local public benefit activities must comply with this chapter.

15.

The issuance of a temporary special use permit does not create a vested right to the issuance of a subsequent permit for the same or similar activity from year-to-year, and the failure of the permittee or property owner to comply with the standards and conditions of the permit and this chapter shall be a ground for denying a subsequent permit application.

16.

The town manager and town staff designated by the town manager are authorized to issue permits pursuant to this subsection; however, the denial of a permit may be appealed within ten days of the date of denial to the town planning board and the town council.

(6)

Temporary outdoor markets. A temporary outdoor market permit shall be required prior to the commencement of any temporary outdoor markets.

a.

Temporary outdoor markets not meeting the definition of yard sales, per section 16-2, shall be limited to non-residential zoning districts, and the activities of the temporary outdoor markets must be consistent with the zoning-permitted principal use of the sponsoring commercial establishment. This use shall not include flea markets.

b.

Temporary outdoor markets shall not be permitted on unimproved commercial parcels.

c.

Applications for temporary outdoor markets must be made by the business owner and co-signed by the majority owner of the premises on which the event is to be held, the applicant shall be considered the temporary outdoor market sponsor. It is the responsibility of the sponsor to ensure all conditions of approval are met and complied with throughout the event.

d.

Applications for temporary outdoor markets must demonstrate that the principle use on the parcel will continue to meet all minimum parking requirements during the periods for such sales. One parking space per approved vendor is required in addition to the minimum parking requirements for the principle use. There shall be no impact on interior circulation.

e.

The area of the lot devoted to the temporary outdoor market shall not exceed 30 percent of the floor area of the principal structure, or sponsoring unit in a multi-tenant structure, whichever is applicable.

f.

Temporary outdoor markets are limited to two events per 12-month period per sponsoring permanent commercial establishment. Each temporary outdoor market event shall not exceed a period of two consecutive days.

g.

Temporary outdoor markets shall not interfere with potential fire, police or other emergency response needs on site, as determined by the town.

1.

Tents or canopies associated with the market must be secured to resist movement during wind.

2.

Drive aisles and parking areas being utilized for temporary outdoor markets shall be closed to vehicular traffic.

h.

Complete applications for a temporary outdoor market must be submitted no less than 15 working days prior to the proposed event, potential rain dates must be identified in the application. The following information shall be included in the application:

1.

Name and address of the applicant, proof of ownership or rental

2.

Address of the location of the outdoor market

3.

A description of the proposed market, including hours of operation, potential noise impacts, parking accommodation, impacts on adjacent property, any associated signs or lighting and provision for temporary utility service, if applicable.

4.

Evidence of liability insurance coverage must be provided to the Town

5.

Sketch plan of the proposed layout of vendors.

6.

The amount, type, and location of temporary signage, subject to the following:

A.

The total amount of temporary signage shall not exceed 250 square feet in area. Such signage may be in a single sign or a combination of signs;

B.

All temporary signs shall be located within the boundaries of the area in which the event will be held;

C.

Temporary signs may not include sandwich boards, inflatable signs, and tethered balloons;

D.

Temporary signs shall not be illuminated;

E.

Temporary signs shall be displayed only during the actual time period of the event and shall be promptly removed by the permittee at the close of said event;

F.

Temporary signs shall not be located in a manner that impedes the ingress and egress movement of pedestrians or life safety vehicles to and from all areas of the event.

i.

Any deviation from the terms and conditions of the permit, or the approved statements contained in the application, or any misstatement of fact made in such application shall be grounds for immediate revocation of the permit at any time.

j.

Any temporary outdoor market that is commenced without a permit shall be canceled and all participants with their associated equipment shall be disbursed from the site.

k.

In no event shall the issuance of a permit under this section make or cause the town to be deemed a sponsor of the temporary outdoor market. Further, the town shall incur no liability for any injury to person or property arising out of any commercial event or gathering regulated by this section. Further, as a condition of any permit issued pursuant to this section, the applicant and sponsor shall hold the town harmless and indemnify the town for any liability incurred as the result of a valid judgment in a court of law. It is further provided as a condition of any permit issued hereunder that the applicant shall defend the town against any action filed against it arising out of any commercial event or gathering for which a permit is issued.

(Code 1990, § 20-401; Ord. of 8-18-1986, § 5.14; Ord. No. 97-13, 12-17-1997; Ord. No. 98-10, 4-6-1998; Ord. No. 98-11, 4-6-1998; Ord. No. 02-08, § 20-401, 5-6-2002; Ord. No. 02-22, § 20-401, 10-7-2002; Ord. No. 03-30, § 20-401, 6-2-2003; Ord. No. 04-08, § 20-401, 3-15-2004; Ord. No. 05-13, § 20-401, 6-5-2005; Ord. No. 06-08, § 20-401, 5-1-2006; Ord. No. 07-11, § 20-401, 5-7-2007; Ord. No. 07-24, 8-6-2007; Ord. No. 21-02, 4-6-2021; Ord. No. 21-03, Att., 4-6-2021; Ord. No. 23-05, 8-7-2023; Ord. No. 23-10, 10-2-2023)

(a)

For the purposes of this chapter, the area or space above the top plate of a habitable floor which is open, unrestricted and unobstructed such as used in an A-frame, cathedral ceiling or opposed shed roof type construction shall not be considered as a part of such habitable floor. The height of habitable floors shall be measured vertically from the bottom of the sill girder to the top of the top plate. It is the purpose and intent of this subsection to allow the construction of buildings within the town consisting of two habitable floors or levels and one floor or level which is capable of some, but not all, of the primary functions set forth in the definition of habitable floors and levels in section 42-1 in addition to multiple secondary uses or functions.

(b)

The enclosed area above the top plate of a structure shall not be inhabited by any person or used for any purpose other than the storage of personal effects or property.

(c)

Only habitable floors or levels shall be occupied or used for more than two of the primary functions specified in the definition of habitable floors and levels in section 42-1. A nonhabitable floor or level may be used for two of such functions in addition to other secondary uses, such as, but not limited to, recreational, artistic, storage, entertainment, business, professional, garage, or any other use allowed or permitted under this chapter.

(Code 1990, § 20-402; Ord. of 8-18-1986, § 2.02)

(a)

Fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility or any other requirements of this chapter. Accessory buildings shall comply with setbacks in accordance with section 42-524.

(b)

HVAC units shall be permitted to encroach up to five feet into required side yard setbacks.

(c)

The depth of the required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. In the case of rounded property corners at street intersections, the foremost point of the side lot line shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be essentially parallel.

(d)

The depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

(e)

The width of the required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

(f)

Reduction of front yard setback requirements. In any residential district, where the average setback distance for existing buildings on all lots located wholly or partly within 200 feet of any lot, and within the same zoning district and fronting on the same side of the same street as such lot, is less than the minimum setback required in the zoning district, the setback on the lot may be less than the required setback, but not less than the existing average setback distance for all lots within the 200 feet and in no instance shall the setback be reduced to less than 15 feet. When lots within such 200 feet are vacant, the vacant lots shall be considered as having the minimum required setback for the purpose of computing an average setback distance.

(g)

Minimum yard requirements. Minimum yard requirements for all zoning districts shall be open and unobstructed from 30 inches above the general ground level of the graded lot upward, except for the following intrusions: roof eaves or overhangs, firewalls as required by the state building code, elevated bay windows, elevated fireplace projections, and light fixtures, may project in the minimum yard not more than two feet.

(h)

The outermost edge of any uncovered porches, steps, eaves, gutters, and similar fixtures can encroach up to four feet into the required minimum front yard setback.

(i)

Swimming pools, associated aprons, and decking no greater than 30 inches in height must meet required front yard building setbacks, but can encroach as close as five feet to side and rear property lines. Any pool structures greater than 30 inches in height (such as an aboveground pool, decking, pool house, or pool equipment) must comply with the required setback standards for the district in which they are located.

(j)

In instances where a remodel or addition to a single family home would result in an increased side yard setback, the outermost edge of uncovered porches and steps may encroach up to two feet into the required side yard setback. This provision does not apply to new construction.

(k)

For residential uses, accessory structures as defined in section 42-1, not exceeding 144 square feet in area and not exceeding 15 feet in height, must meet front yard building setbacks, but can encroach as close as five feet to side and rear property lines. On corner lots or double-frontage lots, accessory structures must meet the principal structure setback on the street side/rear yard. Accessory structures exceeding 144 square feet in area and not exceeding 15 feet in height must meet the principal structure setback requirements. Accessory structures located within the setback exemption area created by this subsection are limited to non-noise generating uses, including but not limited to storage sheds or greenhouses.

(Code 1990, § 20-403; Ord. of 8-18-1986, § 2.02; Ord. No. 03-25, § 20-403, 5-5-2003; Ord. No. 07-14, § 20-403, 5-7-2007; Ord. No. 07-31, 11-5-2007; Ord. No. 08-01, 1-7-2008; Ord. No. 16-13, 12-5-2016; Ord. No. 16-14, 12-5-2016; Ord. No. 24-14, 11-4-2024)

(a)

No yard or lot existing on August 18, 1986, shall be reduced in dimension or area below the minimum requirements set forth in this chapter.

(b)

Yards or lots created after August 18, 1986, shall meet at least the minimum requirements established by this chapter.

(Code 1990, § 20-404; Ord. of 8-18-1986, § 5.01)

No structure requiring a building permit shall be erected on any lot which:

(1)

Does not abut either a public right-of-way or a private street or easement at least 30 feet in width which has been approved in accordance with the provisions of this chapter and chapter 38, pertaining to subdivisions, and recorded by the register of deeds of the county;

(2)

Does not abut an existing public right-of-way improved according to the road construction standards outlined in chapter 38, article IV. In such cases, the right-of-way width for the street can be less than the minimally required width, but the actual paving width of the street must comply; or

(3)

Does not have a cart road, lane or other access to a public street or highway which access is described in an instrument recorded in the office of the register of deeds of the county prior to adoption of the ordinance from which this chapter is derived or described and sworn or affirmed to by affidavits presented to the planner setting forth the fact that the same existed prior to August 18, 1986.

(Code 1990, § 20-405; Ord. of 8-18-1986, § 5.03; Ord. No. 89-11, 4-17-1989; Ord. No. 08-03, 1-7-2008)

On a corner lot which abuts a state-maintained right-of-way in any district, no planting, structure, fence, wall or other obstruction to vision more than three feet in height shall be placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line connecting points on said street lines,each of which is 25 feet in distance from the point of intersection. On all rights-of-way, proper setback for vision clearance shall be determined by the planner, but in no case shall the requirement exceed that stated in this section.

(Code 1990, § 20-406; Ord. of 8-18-1986, § 5.04; Ord. No. 89-11, 4-17-1989; Ord. No. 07-11, § 20-406, 5-7-2007)

(a)

Notwithstanding any other provision of this chapter, a fence or retaining wall which meets the requirements of this section may be placed, constructed or erected within the front, rear or side yard established by the setback requirements of this chapter. Within the residential districts of the town and along the common boundaries between residential and commercial districts, no wall or fence shall exceed six feet in height, except that a fence surrounding or partially enclosing a tennis court may not exceed 12 feet in height. No fence or retaining wall within a commercial district shall exceed ten feet in height.

(b)

Swimming pools shall be surrounded by a fence or wall. The fence or wall shall be constructed out of materials and to a height which is sufficient to prevent small children from entering the enclosure without the knowledge and supervision of an older, responsible child or adult. Access to the pool through the fence shall be by means of a gate equipped with a latch or other device which maintains the gate in a closed position when it is not open for the purpose of providing ingress or egress to the pool.

(Code 1990, § 20-407; Ord. of 8-18-1986, § 5.05; Ord. No. 90-11, 7-16-1990)

Where a buffer strip is required by the provisions of this chapter, a plan for each such buffer strip shall be approved by the planning board and upon completion the buffer strip must be approved by the zoning administrator.

(Code 1990, § 20-408; Ord. of 8-18-1986, § 2.02)

Reserved.

(Ord. No. 07-31, 11-05-2007)

Only one principal building and its customary accessory buildings may be hereafter erected on any lot except as authorized in this chapter for planned unit developments, planned commercial developments and ministorage facilities and multifamily developments.

(Code 1990, § 20-410; Ord. of 8-18-1986, § 5.02; Ord. No. 97-5(c), 1-6-1997; Ord. No. 04-25, § 20-410, 9-13-2004)

All aboveground cable TV and utility wires and lines running from the boundary line of a lot or tract used for commercial, multifamily or group development purposes are declared to be a nonconforming use and shall not be repaired or replaced if service is interrupted due to damage or destruction of the wire or line. In such event, the line or wire shall be placed underground from the lot line to the building as soon as the utility can install the underground service.

(Code 1990, § 20-411; Ord. of 8-18-1986, § 5.07)

(a)

Private utilities or privately owned facilities treating, processing, transmitting, or furnishing water, sewage, and/or wastewater are permitted in all zoning districts, subject to the following conditions and such other reasonable conditions as may be imposed by the town council:

(1)

The private utility or privately owned facility must be a part of and located within the boundaries of a subdivision or planned unit development.

(2)

The private utility or privately owned facility shall be used and serve only the occupants of the subdivision, planned unit development, multifamily development project, or commercial development for which it was constructed and approved by the town.

(3)

The proposed schedule of all use fees and charges shall be submitted prior to preliminary approval by the planning board as well as a certification from a licensed practicing engineer that the proposed schedule is sufficient (including the necessary capital reserves) to operate, repair, and maintain the private utility or facility in good condition.

(4)

All odors associated with or generated by the operation of the private utility or privately owned facility (including odors from the materials treated or processed thereat) shall be contained within the boundaries of the site and, when requested by the planning board, an engineer's certification shall be furnished to the planning board that the private utilities or privately owned facilities design, construction, and proposed methods of odor control are sufficient to contain all odors within the site boundaries.

(5)

The developer shall post a surety bond in the amount of 125 percent of the repair, maintenance, replacement and renovation costs to maintain the private utility or facility in accordance with applicable state standards and regulations for a period of 15 years from the date of town approval of the project. The licensed practicing engineer preparing the schedule of user fees and charges shall include the maintenance, repair, replacement, and renovation costs which shall determine the amount of the bond or security required by this subsection. The town, acting in its sole discretion, may accept a bond or other form of indebtedness secured by a first lien on real estate with an appraised value of 140 percent of the amount of the secured obligation, or the town, in its discretion, may accept a cash escrow arrangement in which a portion of the obligation is paid pursuant to an agreement from the sale proceeds of each unit or time share sale (or any combination of the foregoing means of securing the projected maintenance, repair, replacement, and renovation costs). The town shall have the absolute right to assign its interest in any bond, security agreement, deed of trust, escrow agreement, or any other agreement or undertaking delivered to the town in satisfaction of this subsection to the property owners association of property owners in the project, and any such transfer shall terminate the obligations, responsibilities, or duties of the town with respect to the bond, security agreement, escrow deposit, or other arrangements securing the obligations of the developer set forth in this subsection.

(6)

The use of any of the sound or surface waters, including swamps, streams, canals, or waterways which connect to the sounds or to the ocean for the purpose of discharging wastewater or treated effluent from a sewage system shall be prohibited. All wastewater and treated effluent shall be land applied on the project site served by the private utility or private sewage facility and shall comply in all respects with applicable state and county health standards and regulations.

(7)

The wastewater treatment facility shall be designed and constructed based upon the capacity calculated in gallons of flow per day (GPD) utilizing applicable state or county health department standards and regulations. The maximum GPD of capacity shall be that amount necessary to provide sewage and wastewater treatment of the waste originating within the subdivision, PUD, PCD, or commercial project site approved by the town and for which it is proposed to be built. The maximum capacity shall include any GPD flow load margins required by the state or local government regulations.

(8)

The wastewater treatment facility shall include all forms of treatment (other than septic tanks) of human waste and sewage as well as wastewater generated by the occupants within the subdivision, PCD, PUD, or within the commercial project site.

(b)

This section shall not be applicable to individual septic tanks.

(Code 1990, § 20-412; Ord. of 8-18-1986, § 5.10; Ord. No. 94-20, 11-7-1994; Ord. No. 21-03, Att., 4-6-2021)

(a)

Approval. Each application for site plan review, a building permit, or a certificate of occupancy shall be accompanied with plans of the proposed methods of water supply and sewage disposal approved by the appropriate authorizing agency. The planning board, however, may grant conditional approval pending receipt of the appropriate permit upon submission of a letter from the authorizing agency stating that the application has been submitted and is being reviewed. The site plan shall not be approved until approval of the required permits has been verified by the planning board. The plans submitted shall be of sufficient detail to show the exact location of all subsurface facilities including, but not limited to, all wells, piping, laterals, and disposal areas.

(b)

Method to be specified. Any such application shall specify the method or methods to be used and shall describe any special conditions to be met. Such methods, and the approvals required, include, but are not necessarily limited to, the following:

(1)

For a connection to public sewer or water systems operated by a municipality, sanitary district, or other governmental agency, connection approval by an authorized officer of such systems.

(2)

For a connection to community sewer or water systems operated by a responsible person, other than a governmental agency, connection approval by an authorized officer of such systems.

(3)

For installation of other than public or community sewer systems, design approval by the county health department.

(c)

System approval. The sewer and water systems to which connections are to be made shall be authorized as follows:

(1)

Water supply.

a.

For an individual water supply system, approval by the county health department is required.

b.

For water supply systems serving ten to 25 dwelling units, approval by the state department of human resources is required.

c.

For water supply systems serving 25 or more dwelling units, approval by the state department of human resources and the state utilities commission, if appropriate, is required.

(2)

Sewage collection and treatment.

a.

Consistent with Subsection 15A NCAC 18A.1938(j) of the N.C. Administrative Code, the following standards shall apply to off-site sewage treatment systems:

The entire sewage treatment system, including the required repair area, shall be located on property owned or controlled by the person owning or controlling the system. Terms of any necessary easement, right-of-way, or encroachment agreement shall provide that the easement, right-of-way, or encroachment agreement:

1.

Is appurtenant to specifically described property, runs with the land, and is not affected by change of ownership or control;

2.

Is valid as long as the wastewater system is required for the facility that it is designed to serve;

3.

Describes and specifies the uses being granted and shall include ingress and egress, system installation, operation, maintenance, monitoring, and repairs;

4.

Specifies by metes and bounds description or attached plat, the area or site required for the wastewater system and appurtenances including a site for any required system replacement; and

5.

Shall be recorded with the register of deeds in the county where the system and facility is located.

b.

For a septic tank, approval by the county health department is required.

c.

For a sewerage system serving facilities regulated by the state department of human resources, i.e., institutions, restaurants, motels, etc., approval by the county health department is required.

d.

For a sewer system serving all other uses, i.e., industry, commerce, communities, etc., approval by the state department of human resources and the state department of natural resources and community development is required.

e.

Pump and haul. Notwithstanding subsections (c)(2)a.—c. of this section, pump and haul tank systems are prohibited except when used as a temporary measure while an existing sewage collection and treatment system is being repaired. Such repair period shall not exceed 14 days.

1.

Pump and haul systems with valid permits issued by the county health department and other required agencies as of January 7, 2008, shall be exempt from the standards of this subsection and can be implemented according to the conditions of the permits.

2.

The person operating a community water system for 25 or more customers or a sew7er system for which a rate is charged shall hold a certificate of public convenience and necessity from the state utilities commission, and there shall be recorded with a plat of the property the written affidavit of a registered engineer, engaged in the independent practice of civil engineering, that water and sewer mains and laterals comply with pertinent standards of the state department of human resources, as existing or as may hereafter be amended, and that such mains and laterals are installed and approved, in writing, by the state department of human resources; and a bond or trust instrument, or other form or written assurance, satisfactory to the town council, assuring the continuous proper maintenance and operation of such sewer and water systems. Where a community water system or a sewerage system furnishing services for 25 or more customers within a multifamily or group development project, including planned unit or planned commercial developments, is charged an assessment by a property owners' association and a portion of the assessment is used for the purpose of paying the cost and expense of operating, maintaining, and repairing the community water system or the community sewerage system, then all the requirements of this subsection must be satisfied.

(Code 1990, § 20-413; Ord. of 8-18-1986, § 5.09; Ord. No. 08-02, 1-7-2008; Ord. No. 14-09, 10-6-2014)

(a)

Intent. Outdoor lighting standards are hereby established to provide safe lighting levels at proper intensities so as to adequately serve their intended uses and not unreasonably interfere with the use and enjoyment of neighboring properties. These standards are not intended to regulate single-family and duplex security lighting; provided such lighting does not create a nuisance to neighboring properties. Regulations are intended to preserve the visual integrity of the nighttime environment by reducing glare, discouraging unnecessary illumination, and prohibiting the use of structure highlighting without decreasing safety, utility, and security. To satisfy this intent, and for the purposes of this section, interior lighting shall be subject to these regulations, provided interior lighting contributes to the excessive illumination of an outdoor area, or is a source of glare that is visible from the property line or any off-site location. All outdoor lighting shall be erected, altered and maintained in accordance with the provisions of this section.

(b)

Purpose. The purpose of this section is to regulate artificial illuminating devices utilized for general illumination or advertisement. Regulations are designed to provide a uniform distribution of light that minimizes light trespass and controls glare on and off the property. The general and specific standards of this section encourage lighting that favorably contributes to visual performance, safety, and aesthetics from properly shielded light sources for the following lighting applications:

(1)

Security;

(2)

Parking lots;

(3)

Recreational facilities;

(4)

Buildings and structures;

(5)

Landscaping;

(6)

Open canopies; and

(7)

Signs.

(c)

Inspections. All outdoor light fixtures are subject to inspection at any time by the town employee designated by the town manager to ensure that the light fixtures are in compliance with these provisions. When a light fixture fails to comply, the town employee shall give written notice to the owner and tenant of the site on which the light fixtures are located stating that the light fixtures shall be brought into compliance or removed at the owner's expense. The remedies set out in sections 42-590 and 42-591 shall also apply to this section.

(d)

Lighting prohibited. The following lighting is prohibited:

(1)

Light fixtures that imitate an official highway or traffic control light or sign are prohibited.

(2)

Light fixtures in the direct line of vision with any traffic control light or sign are prohibited.

(3)

Light fixtures that have a flashing or intermittent pattern of illumination, are prohibited.

(4)

Privately owned light fixtures located in the public right-of-way are prohibited.

(5)

Light fixtures that are a source of glare by their design, orientation or intensity are prohibited.

(6)

Searchlights are prohibited except when used by federal, state or local authorities in the operation of their official business.

(7)

Light fixtures that violate any law of the state relative to outdoor lighting are prohibited.

(8)

General purpose area and sports floodlights are prohibited except to illuminate building facades and outdoor recreational uses as provided in subsections (h)(4)b and (h)(5)a of this section.

(9)

Illumination of the public beach and estuarine waters from uses that are not water dependent shall be prohibited.

(10)

Uplighting of windsocks, fountains or flags is prohibited, excepting the United States flag, state flag, official flag of the town or permitted flag sign.

(11)

Unshielded open vertical light fixtures are prohibited.

(12)

Outdoor miniature lights on strings are prohibited except from mid-November until mid-January, provided such lighting does not create glare or is a nuisance to adjacent properties.

(e)

General provisions.

(1)

Light fixtures shall be located on the site and designed, shielded, or oriented in such a manner as to minimize light spill across property lines and prevent glare at any location on or off the property.

(2)

All wiring to light fixtures not located on a building shall be placed underground.

(3)

Principal buildings shall provide security lighting.

(4)

Light fixtures and supporting structures shall be designed and constructed to comply with state building code requirements.

(5)

No light fixture, including signs, shall exceed 30 feet in height.

(f)

Lighting plan required.

(1)

All proposed development for which site plan approval is required, shall require a lighting plan produced by the lighting manufacturer, registered architect, or engineer and shall be submitted as part of the site plan review process. To enable the town to determine that applicable provisions of this section will be satisfied, the lighting plan shall include the following:

a.

A site plan, drawn to a scale of at least one inch equal 100 feet, showing proposed features to be illuminated, including, but not limited to: building, landscaping, signs, parking and loading areas, and location of all proposed exterior light fixtures;

b.

Specifications and descriptions for all proposed light fixtures including photometric data;

c.

Proposed mounting height of all exterior light fixtures;

d.

Analyses and illuminance level plans in the form of an ISO footcandle or grid diagram drawn to a scale referenced in subsection (f)(1)a of this section. The submitted grid plan shall plot lighting levels at ten-foot intervals or less. The ISO footcandle diagram shall plot footcandles in increments of 0.5 footcandle or less. Either plan shall clearly account for lighting levels produced by all exterior light sources. The outdoor lighting plan shall account for cumulative lighting levels of combined indoor and outdoor light sources if any wall of the proposed building meets either subsection (f)(1)f.1 or 2 in this section.

e.

Drawings of all proposed building elevations showing the location and type of light fixtures, the portions of the walls to be illuminated, the illuminance levels at the wall surface, and the aiming points for any floodlight fixture.

f.

In addition to subsection (f)(1)e of this section, an indoor lighting plan that details the location, specifications, and descriptions of proposed interior light fixtures and proposed average footcandles of interior customer areas shall be required for approval when submitted building elevations demonstrate:

1.

A wall surface area is comprised of 50 percent glass or greater; or

2.

The location of any glass area or architectural feature creates a potential for off-site glare.

(2)

Any proposed modification or alteration to a previously approved building elevation, site plan or lighting plan may be approved administratively by the town employee designated by the town manager, provided the proposed change is considered minor and does not violate the standards noted herein.

(g)

General performance standards. The illumination level from any light source or combination of light sources shall not exceed the following horizontal footcandle level:

(1)

Cutoff fixtures. For sites with cutoff fixtures, the maximum maintained footcandle level at any point on a common property line of improved residential property shall not exceed 1.5 footcandles.

(2)

Noncutoff fixtures. For sites with noncutoff fixtures, the maximum maintained footcandle level at any point on a common property line of improved residential property shall not exceed 0.4 footcandle.

(h)

Specific lighting application standards.

(1)

Parking lots. Illumination standards for parking lots are based on anticipated vehicular and pedestrian activity. The standards are designed to provide the minimum lighting necessary to ensure adequate vision and safety in parking areas while at the same time minimizing glare. Uses with medium and low levels of vehicular activity have the option of providing cutoff or noncutoff fixtures.

a.

High levels of activity include, but are not limited to the following uses:

1.

Automobile service station;

2.

Convenience store;

3.

Outdoor recreational uses;

4.

Home improvement center;

5.

Auto dealership;

6.

Video store;

7.

Attended carwash;

8.

Financial institution;

9.

Food store;

10.

Theater; and

11.

Restaurant.

b.

Medium levels of activity include, but are not limited to the following uses:

1.

Retail;

2.

Indoor recreational use;

3.

Retail shopping center;

4.

Hotel;

5.

Medical and health clinics;

6.

Drug store;

7.

Home center;

8.

Child day care center;

9.

Indoor assembly;

10.

Hospital.

c.

Low levels of activity include, but are not limited to the following uses:

1.

Professional office;

2.

Religious complex;

3.

Townhouse and multifamily dwellings;

4.

School;

5.

Marina;

6.

Wholesale;

7.

Warehouse;

8.

Self storage complex;

9.

Furniture or appliance store;

10.

Private club.

d.

Parking lot lighting shall meet one of the following standards:

1.

Cutoff fixtures. When all light fixtures are cutoff fixtures, the following standards shall apply:

2.

Not all cutoff fixtures. When light fixtures are not all cutoff fixtures, the following standards shall apply:

3.

Other uses.

(2)

Canopy lighting. Open canopies located over automobile service station gas pumps and drive-through banking facilities shall comply with the following standards:

a.

Only the area directly below canopies may be illuminated such that illumination levels shall not exceed 15 maximum maintained footcandles and shall not be less than two minimum maintained footcandles.

b.

Light fixtures shall be mounted only under the canopy and shall be either recessed, or cutoff fixtures.

c.

Light fixtures shall not be located elsewhere on the canopy and the sides of the canopy shall not be internally or externally illuminated.

d.

Parking spaces not located directly beneath the canopy shall be illuminated in accordance with the requirements for parking areas.

(3)

Security lighting. Security lighting may be utilized for the protection of people and property by illuminating areas of building ingress, walkways, and open storage areas. Security lighting may include vertical illumination, provided illumination above the doorway, entry or window elevation is minimal. Security lighting shall not exceed one average maintained footcandle.

(4)

Architectural and interior lighting.

a.

Light fixtures mounted on the building shall be recessed, fully shielded or directed to the wall surface.

b.

Floodlights may be utilized to up-light opaque wall surfaces from the ground, provided the light fixture is located a horizontal distance no greater than 15 feet from the wall, shall not be mounted greater than 30 inches in height, and illumination levels measured at the vertical plane shall not be exceeded.

c.

The maximum vertical illumination level of an entrance facade shall not exceed five average maintained footcandles. The maximum illumination level shall not exceed one average maintained footcandle for other surfaces.

d.

Walkways covered by a supported roof canopy may be illuminated up to 12 average footcandles.

e.

When a single wall surface area of a building is 50 percent glass or greater, or interior light fixtures are visible from the property line or off-site location, the following requirements shall apply:

1.

Interior light fixtures shall be fully shielded or shielded to any cutoff angle required to prevent line of sight contact with the light source, lens or opening.

2.

Average interior illumination level shall be the minimum average Illuminating Engineering Society of North America (IESNA) recommended level of illumination for that particular use.

(5)

Lighting of outdoor recreational facilities.

a.

General purpose area and sports lighting floodlight fixtures may be utilized, provided all such light fixtures are located a minimum of 200 feet from the nearest right-of-way, and shall be hooded, directed, or shielded such that the light source cannot be directly viewed from adjacent properties and streets.

b.

Areas intended solely for pedestrian circulation, such as walkways connecting accessory buildings and viewing stands, shall be provided with security level illumination.

c.

Light fixtures for the recreational use shall be turned off no later than 11:30 p.m., unless otherwise specified. Only security level lighting shall be utilized to facilitate cleanup and nighttime maintenance.

d.

A single flashing navigational light may be used in conjunction with an approved boat rental establishment subject to the following provisions:

1.

The boat rental establishment shall provide documentation to the town staff that the light fixture and its location have been approved by the Commander, Fifth Coast Guard District, Portsmouth, Virginia.

2.

The light shall be used only when the business is open and between the hours of sunrise to one-half hour after sunset.

3.

The light source shall not be visible from adjacent properties and rights-of-way.

4.

Navigational lights shall not be used in conjunction with any permitted sign.

e.

The following illumination levels shall not be exceeded:

(6)

Illuminated signs.

a.

Internally illuminated wall or freestanding signs that utilize fluorescent tubes as a light source shall be designed and constructed such that tubes are spaced at least 12 inches on center, and mounted at least 3.5 inches from the translucent sign surface. Internal illumination may be permitted provided the sign surface is translucent or a combination of translucent and opaque and the light from illumination is only visible through translucent areas on the sign surface.

b.

Spotlights or floodlights may be utilized to externally illuminate wall and freestanding signs, provided the light fixtures are designed, located, aimed, and shielded so that light is directed only onto the sign area. Light fixtures shall not be aimed toward adjacent streets, or properties. Floodlights designed to illuminate signs from the ground, shall not be mounted at a height greater than 30 inches, or located a horizontal distance greater than three-quarters the height of the sign or 15 feet, whichever is less. The average level of illumination shall not exceed five footcandles.

(i)

Measurements.

(1)

Lighting levels shall be measured in footcandles with a direct-reading, portable light meter. The meter shall have a color and cosine-corrected sensor with multiple scales and shall read within an accuracy of plus or minus five percent. It shall have been tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within one year of the date of its use.

(2)

Unless otherwise specified, the meter sensor shall be mounted not more than six inches above ground level in a horizontal position to measure horizontal illumination. Vertical illumination shall be measured at a height of five feet with the meter sensor mounted not more than six inches from the wall surface and the meter sensor in the vertical position. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading.

(3)

Measurements of newly installed high intensity discharge light fixtures shall account for the light loss factor figured into the calculation of a point-by-point printout. A light loss factor of 0.75 is normal for metal halide and 0.80 is normal for high-pressure sodium when adjusting for lamp lumen depreciation and luminaire dirt depreciation as the system ages. As an example, a calculation with a light loss factor of 0.7 would suggest a meter reading of one initial footcandle for a printout calculation of 0.7 maintained footcandles.

(j)

Nonconformities.

(1)

This section shall be effective immediately upon adoption by the town council.

(2)

Any lighting not in conformity with the requirements of this chapter and lawfully in place prior to the effective date of the ordinance from which this section is derived shall be removed or rendered in compliance with this section within five years of its effective date.

(3)

After the effective date of the ordinance from which this section is derived, any lighting system that replaces a lighting system not in conformity, or any lighting system that is moved, must meet the standards of this chapter.

(Code 1990, § 20-414; Ord. of 8-18-1986, § 5.12; Ord. No. 93-3, 1-4-1993; Ord. No. 02-31, § 3, 12-2-2002; Ord. No. 07-11, § 20-414, 5-7-2007; Ord. No. 17-09, 8-7-2017)

(a)

Due to the limited amount of land available within the town for major thoroughfare rights-of-way and the traffic hazard involved in frequent entrances and exits from a major thoroughfare, it is the intent of this chapter to keep driveways and street intersections along US Highway 158 and NC Highway 12 to the minimum possible. In any district established by this chapter where a lot abutting either US Highway 158 or NC Highway 12 also abuts any other dedicated public right-of-way, such right-of-way shall be used for access rather than the highway.

(b)

The town council may approve an access from US Highway 158 or NC Highway 12 onto a commercial site which also abuts another dedicated public right-of-way upon satisfaction of the following: Upon the request of the applicant and at the applicant's expense, the town will engage a traffic engineer to study the site plan submitted by the applicant and the proposed traffic movements utilizing the side street only for access and the side street together with an access (or limited access) from US Highway 158 or NC Highway 12. If the traffic engineer concludes that it would be safe for the public for the applicant's site to be accessed from NC Highway 12 or US Highway 158 as well as the abutting street, then the town council may consider approving the access onto US Highway 158 or NC Highway 12. In the event the traffic engineer recommends improvements to the right-of-way or restrictions on the use of the access on US Highway 158 or NC Highway 12, then the applicant must construct the improvements at his expense before the occupancy permit will be issued. The use of the accessway can be restricted based upon the recommendations of the traffic engineer and the approval of the town council. The applicant must receive the consent of the state department of transportation before commencing any right-of-way improvements required by the town council.

(Code 1990, § 20-415; Ord. of 8-18-1986, § 5.15; Ord. No. 88-15A, 10-24-1988; Ord. No. 94-17, 9-6-1994)

When a multifamily, group development project, group housing project or commercial site is subject to review under article II, division 2 of this chapter, and the project or site plan contains a street within the site or project (or crossing the same), then the street shall be constructed in accordance with the design and construction standards set forth in chapter 38, article IV, pertaining to subdivisions, as the same is amended from time to time and which standards are incorporated herein by reference. A way of ingress, egress and regress providing traffic circulation within the site or project shall be considered a street for the purposes of this section, but the planning board may recommend and the town council may approve a right-of-way of less than 60 feet but not less than 30 feet if it finds that the volume of traffic, the traffic circulation pattern and the utility layout do not necessitate a right-of-way width of 60 feet.

(Code 1990, § 20-416; Ord. of 8-18-1986, § 5.17; Ord. No. 87-2, 1-19-1987)

(a)

Private streets shall be designed and constructed to the town's street standards and the developer shall submit the required test results to the town in order for the town to verify that the street construction standards have been satisfied.

(b)

Private streets shall be permitted only in those subdivisions in which the developer and the developer's successors in interest have implemented and maintained a means of controlling and restricting access, ingress and egress over and upon the subdivision streets, such as guards, gates, chains, pass keys or cards.

(c)

Subdivisions with private streets shall have the following certificate placed on the subdivision plat filed with the county register of deeds:

"The streets in this subdivision are private. The property owners are responsible for maintaining and repairing the streets as well as paying the costs thereof. Municipal and other governmental services may be restricted or not be furnished to the property of owners using the private streets for access. With a few exceptions, the traffic laws of the State of North Carolina and the Town of Kitty Hawk are not enforceable on private streets."

(Code 1990, § 20-417; Ord. of 8-18-1986, § 2.02; Ord. No. 88-16A, 10-24-1988)

Each parking space shall be located outside any dedicated right-of-way or private right-of-way or access easement. Parking spaces located along streets, roads, access easements or ways of ingress and egress within subdivisions, multifamily housing projects, planned unit or commercial developments, or commercial sites, shall provide sufficient distance between the right-of-way and the parking space for motor vehicles to maneuver into and out of the spaces without backing onto the right-of-way.

(Code 1990, § 20-418; Ord. of 8-18-1986, § 2.02)

(a)

In this section, the term "major recreational equipment" includes any boat, boat trailer, pickup camper or coach (designed to be mounted on an automotive vehicle); motorized dwelling, tent trailer, and the like, and any case or box used for transporting recreational equipment, whether occupied by such equipment or not.

(b)

Major recreational equipment parked or stored on residential premises or in any location other than an approved travel trailer park shall not be used for living, sleeping, or housekeeping purposes.

(Code 1990, § 20-419; Ord. of 8-18-1986, § 5.13)

(a)

Fire hydrant locations shall be shown on all multifamily, commercial shopping mall and any nonresidential site plans submitted to the town for review. A fire hydrant shall be located no more than 300 feet from each building shown on the site plan and not more than 500 feet of hose lay distance from a fire hydrant to the building, and a fire hydrant shall be located within 150 feet of the fire department connection as the fire truck travels along access roadways with all-weather driving surfaces. The fire hydrant shall be installed at the expense of the property owner and shall comply with the standards and specifications of the town and/or the state. No hydrant shall be closer than 50 feet to a building. Fire hydrant locations must be approved by the town council based upon the recommendation of the fire department.

(b)

The fire hydrant shall be either a Centurion model manufactured by Mueller Co., Inc., or a Waterous Hydrant manufactured by Waterous Co., Inc.

(c)

The property owner shall install fire hydrant location markers pursuant to the standards of the volunteer fire department and paint the fire hydrant red with a reflectorized white top using paint approved by the planning board or the county water department.

(Code 1990, § 20-420; Ord. No. 89-4, 3-20-1989; Ord. No. 97-6, 1-6-1997)

The purpose and intent of a home occupation is to allow a low intensity business use of a small portion of residential property that does not alter the character of the structure in which the use takes place or alter the residential character of the neighborhood in which the residential structure is located. There shall be two levels of home occupations, level I and level II as follows:

(1)

Level I home occupation. Level I shall be a use that does not require any more than a phone and/or a computer within the home to conduct the business, and no significant additional traffic is generated to or from the home as a result of the business being conducted, either by clients or deliveries. A level I home occupation may be administratively approved by the planner; however, the planner may refer the proposed use to the planning board for a recommendation and to the council for final approval. Where home occupations have been designated as either a permitted or special use in a zoning district of the town, the level I home occupation use shall comply with the following conditions and standards as well as any other reasonable conditions imposed by the town planner or town council:

a.

No merchandise or commodity shall be produced on the site or sold from the site, only a service shall be provided;

b.

Not more than 25 percent of the total actual floor area of the dwelling shall be used for the home occupation;

c.

Only those residents living on the lot shall engage in the home occupation activity. Not more than two residents living on the premises shall engage in the home occupation. The home occupation shall not employ persons living off the premises;

d.

Any commercial vehicle utilized in connection with the home occupation shall be licensed in the name of the owner and resident of the premises who is a participant in the home occupation activity and which is used on a regular basis by the residents of the premises for personal reasons as well as commercial uses incident to the home occupation;

e.

In addition to the required residential parking, two on-site parking spaces shall be provided for the home occupation use, if the customers or clients need to come to the site. This regulation may be waived either administratively or by the council if deemed unnecessary relative to the use being proposed;

f.

The home occupation shall create no noise which is audible beyond the boundary line of the home occupation site;

g.

The service shall not generate more than three deliveries per week to the site of the home occupation.

(2)

Level II home occupation. A level II home occupation shall be other uses that meet the criteria listed in this subsection and/or may need additional conditions to meet the purpose and intent of this chapter, and protect the integrity of the residential neighborhood. A level II home occupation shall require the review and recommendation of the planning board and the approval of the town council. Where home occupations have been designated as either a permitted or special use in a zoning district of the town, the home occupation use shall comply with the following conditions and standards as well as any other reasonable conditions imposed by the town council:

a.

No merchandise or commodity other than that produced on the premises shall be sold on the premises;

b.

Not more than 25 percent of the total actual floor area of any dwelling shall be used for home occupation. If an accessory building is used for home occupations, no more than 300 square feet shall be used for the home occupation. In such event, the dwelling shall not be used for the home occupation;

c.

Only those residents living on the lot shall engage in the home occupation activity. Not more than two residents living on the premises shall engage in the home occupation. The home occupation shall not employ persons living off the premises;

d.

Any commercial vehicle utilized in connection with the home occupation shall be licensed in the name of the owner and resident of the premises who is a participant in the home occupation activity and which is used on a regular basis by the residents of the premises for personal reasons as well as commercial uses incident to the home occupation;

e.

No home occupation or activity shall require the presence of the customer or client in order for the home occupation or activity to be performed or accomplished;

f.

In addition to the required residential parking, two on-site parking spaces shall be provided for the home occupation use. (This regulation may be waived by the council if the council deems the parking standard unnecessary relative to the use being proposed and the specific site utilized. If the parking standard is waived by the council, then the council shall enter the reason for waiving the standard upon the minutes of the meeting at which the action was taken.);

g.

If the home occupation creates noise which is audible beyond the boundary line of the home occupation site, then the home occupation shall not be conducted before 8:00 a.m. and after 6:00 p.m.;

h.

No person shall use or store hazardous or dangerous materials in such quantities as to create a danger to adjoining residents or property. No disposal of hazardous or dangerous material shall be made on the site;

i.

Any odors generated by the home occupation shall be contained and retained on the site;

j.

No physical alterations to the home or improvements to the property shall be required or necessary to conduct the business, such as changes to the septic/sewage system, water supply, entrances, etc.;

k.

In any district in which a home occupation use lawfully existed on May 7, 1990, the home occupation may continue notwithstanding its nonconformity with the standards set forth in this subsection. The buildings used for such purpose may be repaired, maintained and rebuilt, provided the owner has obtained a special use permit for said home occupation and the repairs, maintenance and reconstruction are undertaken and conducted pursuant thereto.

(Code 1990, § 20-421; Ord. No. 90-7, § 1, 5-21-1990; Ord. No. 96-6, 4-1-1996; Ord. No. 21-03, Att., 4-6-2021)

(a)

The town supports the provision of traditional recreational facilities within its borders, but does not support, promote or encourage outdoor uses such as, but not limited to. amusement parks, carnivals and carnival rides, water rides, and vehicle rides, or any go-cart, motorcycle, or terrain vehicle tracks, or any other similar use. Outdoor uses should be of low intensity and shall utilize the natural terrain as much as possible without the addition of tracks, mechanized facilities or structures for the conduct of the use.

(b)

The following outdoor recreational uses have either been prohibited or subjected to substantial restrictions in the conduct thereof:

(1)

Putt-Putt type golf course and animated courses. (See section 42-414(b)(1).)

(2)

Horseback riding. (See section 4-6.)

(3)

Surfer leashes. (See section 6-1(d).)

(4)

Jet-propelled personal watercraft. (See section 6-2.)

(5)

Vehicles on beaches. (See section 6-23.)

(6)

Fires on beaches. (See section 6-24.)

(7)

Prohibition of firearms. (See section 18-6.)

(8)

Dogs hunting deer. (See section 1 of chapter 585, House Bill 1633, as set forth in part II of this volume.)

(Code 1990, § 20-422; Ord. No. 96-1, 1-8-1996)

Reserved.

(Code 1990, § 20-423; Ord. No. 99-12, 6-7-1999; Ord. No. 07-31, 11-5-2007)

(a)

Metal buildings which are visible from Croatan Highway (US Highway 158) or NC Highway 12 (North Virginia Dare Trail) will be approved only if the front, sides and back are architecturally treated with nonmetal facades. Existing or proposed vegetated or material buffers, screens, or fences which obstruct the visibility of the building from adjacent property owners shall not be an acceptable alternative to providing a nonmetal facade. The planning board must approve the method in which a building is architecturally treated.

(b)

The town may approve metal buildings, which are not visible from Croatan Highway or NC Highway 12.

(Ord. No. 03-24, § 20-424, 5-5-2003)

Editor's note— Ord. No. 10-01, adopted Apr. 6, 2010 deleted § 42-526, which pertained to overhead transmission system and derived from Ord. No. 07-13, § 20-425, 05-07-2007.

(a)

Purpose. The purpose of this section is to provide for the regulation of the construction and operation of small wind energy facilities in the Town of Kitty Hawk, subject to reasonable conditions that will protect the environment, public health, safety, and welfare.

(b)

Permit required.

(1)

No small wind energy facility, or addition of a wind turbine to an existing small wind energy facility, shall be constructed unless a special use permit has been issued to the facility owner or operator approving construction of the facility under this section. Permit application of the expansion shall be based on the total rated capacity, including existing facility but excluding like-kind replacements.

(2)

Any physical modification to an existing and permitted small wind energy facility that materially alters the size and/or type of wind turbine or other equipment shall require a permit modification under this section. Like-kind replacements shall not require a permit modification.

(c)

Where permitted. Small wind energy facilities are permitted as a special use in any zoning district, subject to the standards outlined in this section.

(d)

Permit application.

(1)

The permit application shall contain the following:

a.

A narrative describing the proposed small wind energy facility, including an overview of the project.

b.

Identification and location of the property on which the proposed small wind energy facility will be located.

c.

The proposed total rated capacity of the small wind energy facility.

d.

The proposed type and height of the wind turbine to be constructed; including its generating capacity, dimensions and manufacturer, and a description of ancillary facilities.

e.

A site plan showing the planned location of the wind turbine, property lines, setback lines, access roads and turnout locations, and ancillary equipment. The site plan must also include the location of all structures and properties, demonstrating compliance with minimum setbacks.

f.

Signed and approved copies of any negotiated power purchase agreement and the utility company's approved schematics.

g.

The manufacturer's recommended maintenance plan, as all wind energy systems will require periodic maintenance or inspections.

h.

Decommissioning plans that describe the anticipated life of the wind power project.

i.

If applicable, documentation of an agreement between participating landowner and the facility owner/operator of the small wind energy facility.

j.

Other relevant information as may be reasonably requested by the town to ensure compliance with the requirements of this section.

(2)

Throughout the permit process, the applicant shall promptly notify the town of any proposed changes to the information contained in the special use permit application that would alter the impact of the project.

(e)

Standards.

(1)

A maximum of one wind turbine is permitted on a property.

(2)

The following dimensional requirements shall apply to the installation of wind energy facilities:

¹ Measured from the outermost edges of the wind turbine to the property line, right-of-way, or nearest point on the foundation of an occupied building.

² The required setback is calculated by multiplying the figure in the chart by the height of the proposed wind turbine.

³ The required setbacks from all property lines shall be consistent with the minimum building setback requirements in the district in which the property is located.

⁴ The height shall be measured from the existing ground elevation (prior to any fill or grading) to the tallest point of the wind energy facility.

(3)

Setbacks provisions may be waived if the following conditions are met:

a.

Adjoining property owners may waive the setback requirements from property lines and/or occupied buildings on adjacent property by signing a waiver that sets forth the applicable setback provision(s) and the proposed changes.

b.

The written waiver shall notify property owner(s) of the setback required by this section, describe how the proposed wind energy facility is not in compliance, and state that consent is granted for the wind energy facility to waive the setback as required by this section.

c.

Any such waiver shall be signed by all affected property owners and be recorded in the county registrar of deeds office. The waiver shall describe the properties benefited and/or burdened, and advise all subsequent purchasers of any burdened property that waiver of the setback requirements shall run with the land and may forever burden the subject property.

(4)

Audible sound from a small wind energy facility shall not exceed the standards outlined in the town noise ordinance.

(5)

A small wind energy facility shall be equipped with a braking device and emergency shutoff to keep the rotor stationary while the turbine is being inspected or maintained. The braking device must also be used for winds exceeding maximum speeds.

(f)

Installation and design.

(1)

The installation and design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute.

(2)

All structural, electrical and mechanical components of the wind energy facility shall conform to relevant and applicable local, state and national codes.

(3)

Any wiring associated with the system shall be located underground.

(4)

The visual appearance of wind energy facilities shall at a minimum:

a.

Be a non-obtrusive color such as white, off-white or gray;

b.

Be a tubular or monopole tower (not a lattice tower);

c.

Not be artificially lighted; and

d.

Not display advertising (including flags, streamers or decorative items), with the exception of the manufacturer's identification mentioned below.

(5)

Contact information for the turbine manufacturer, facility owner and operator shall be visibly posted by the base of the turbine.

(g)

Maintenance.

(1)

The wind energy facility owner and operator shall follow the manufacturer's recommendations for optimum performance and years of production. The wind energy facility must be maintained in a manner consistent with the manufacturer's recommended maintenance plan.

(2)

When requested, documentation of regular maintenance must be provided to the town.

(h)

Decommissioning.

(1)

It is the responsibility of the wind energy facility owner and operator to notify the town once the use of a wind energy facility has ceased.

(2)

The wind energy facility owner or participating landowner shall have six months to complete decommissioning of the facility if no electricity is generated for a continuous period of 12 months.

(3)

Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, and any other associated facilities down to grade.

(4)

Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

(i)

Electric public utility research projects.

(1)

Small wind energy facilities installed on land owned by a public utility as part of an electric public utility research project shall be exempt from the requirements of subsection (e)(1) of this section. In the case of an electric public utility research project, a maximum of up to four wind turbines may be installed on a single non-residential property.

(2)

Small wind energy facilities installed on land owned by a public utility as part of an electric public utility research project shall be exempt from the requirements of subsection (e)(2) of this section specifying that a wind turbine's height may not exceed 35 feet from grade. In the case of an electric public utility research project, a wind turbine's height cannot exceed 70 feet from grade.

(j)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant is the person or entity filing an application under this section.

Electric public utility means a person, whether organized under the laws of this State or under the laws of any other state or country, now or hereafter owning or operating in this State equipment or facilities for producing, generating, transmitting, delivering or furnishing electricity for the production of light, heat and power to or for the public for compensation; provided, however, that the term "public utility" shall not include persons who construct or operate an electric generating facility, the primary purpose of which facility is for such person's own use and not for the primary purpose of producing electricity, heat or steam for sale to or for the public for compensation.

Electric public utility research project is a project designed to enhance the electric public utility's understanding of various alternative and renewable energy technologies, which may include, but are not limited to, renewable energy sources as defined in G.S. 62-133.8(a)(8), energy efficient resources as defined in G.S. 62-133.8(a)(4), and energy storage devices. The project must be in compliance with all relevant laws and rules of the State of North Carolina and the North Carolina Utilities Commission. The research component of such a project must intend to provide useful information to the public. Research results must be made publicly available annually for the duration of the project demonstration and/or study period.

Facility operator is the entity responsible for the day-to-day operation and maintenance of the wind energy facility.

Facility owner is the entity or entities having controlling or majority equity interest in the wind energy facility, including their respective successors and assigns.

Occupied building is a residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.

Participating landowner is a landowner under lease or other property agreements with the facility owner or operator pertaining to the wind energy facility.

Small wind energy facility is a generating facility whose main purpose is to supply electricity from a renewable energy source. A small wind energy conversion system consists of one wind turbine, tower, and associated control or conversion electronics with a total rated capacity of 20 kW or less.

Wind turbine or windmill is a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and may include a nacelle, rotor, tower, and pad transformer.

Wind turbine height is the distance measured from grade at the center of the tower to the highest point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation.

(Ord. No. 11-02, 2-7-2011; Ord. No. 13-01, 2-4-2013; Ord. No. 21-03, Att., 4-6-2021)

(a)

Accessory dwelling units may be attached (located within the principal residence) or in a detached structure on the lot, provided requirements for lot coverage and setbacks for the district are met.

(b)

Accessory dwelling units shall not be larger than 50 percent of the living area of the primary residence, or 800 square feet, whichever is lesser.

(c)

One additional off-street parking space shall be provided for the accessory dwelling unit.

(d)

No more than one accessory dwelling unit shall be permitted on a single residential lot.

(e)

Detached accessory dwelling units shall not exceed 28 feet in height, measured from finished grade, or the height of the principal dwelling on the property, whichever is lower.

(f)

The owner must obtain a permit from the county environmental health department that indicates the septic system is sufficient for the increased occupancy. Total occupants residing on the property shall not exceed the number specified by the septic improvement permit.

(g)

Accessory dwelling units may be used for home occupation uses, in compliance with section 42-522, but in no instance shall more than one home occupation be conducted or permitted on a single lot. Additionally, the accessory dwelling unit is not permitted to [be] used entirely for commercial purposes.

In addition to the requirements of subsections (a)—(g), the following shall apply to ADU's located within the VR-1 zoning district:

(h)

Accessory dwelling units located in the VR-1 zoning district shall have a long term tenant or owner residing in a dwelling on the subject property, as defined in section 42-1.

(Ord. No. 18-02, 2-5-2018; Ord. No. 22-08, 4-4-2022; Ord. No. 23-04, 6-5-2023; Ord. No. 24-10, 8-5-2024)

(a)

At the time of erection of any building or structure, or at the time any main building or structure is enlarged or increased in capacity by adding dwelling units, guestrooms, seats or floor area, or before conversion to another zoning use or occupancy, permanent off-street parking space shall be provided according to the amounts and specifications provided by this division.

(b)

Each parking space shall have a minimum length of 18 feet to the curb or wheel stop and a minimum width of nine feet six inches with the addition of an unpaved open area two feet in length beyond the curb or wheel stop installed at the end of each parking space. It shall have vehicular access to a publicly dedicated street or alley, except as authorized in this chapter for planned unit development.

Parking spaces located parallel to the adjoining drive aisle shall have a minimum length of 22 feet and a minimum width of ten feet. In cases where a parallel parking space can be entered directly, with no obstruction or other parallel spaces abutting the front and rear, the requirements can be reduced to a minimum length of 20 feet and a minimum width of ten feet.

(c)

Sufficient maneuvering space shall be provided so that no vehicle will be required to back into the public right-of-way or into the accessway or private street used for the purposes of access, ingress and egress by the public or other property owners within the specific project.

(d)

No parking spaces for residential use, except for single-family or two-family use, shall be located in the required front yard.

(e)

Approved surfaces. The following are approved surfaces for off-street parking and loading spaces:

(1)

Required commercial parking spaces, loading areas and driveways shall be graded and improved with surfaces approved by the town. Such parking surfaces are concrete, asphalt or Turfstone. Grass, however may be used as a parking surface, in commercial districts, if the town council approves it as a special use. Driveways shall be constructed of concrete, asphalt, or Turfstone. Parking surface and driveways within ocean hazard areas of environmental concern may be constructed of alternative materials as approved by the Coastal Area Management Act. All parking surfaces must be maintained in a manner that promotes safe and convenient use of all weather conditions.

(2)

Required residential parking surfaces and driveways shall be graded and improved per the standards outlined in section 42-247(d)(7) for all BR beach residential districts. Required residential parking surfaces and driveways in all VR village residential districts shall be concrete, asphalt, Turfstone or similar products, gravel or grass surfaces.

(3)

As an alternative to clay drive lanes in reinforced grass parking lots, the parking lot area, both drive aisles and parking spaces, exceeding 30 percent but less than 50 percent lot coverage may be improved with a compacted three-quarter-inch to one-inch washed gravel surface with a compacted base material or Geogrid/web or subgrade fabric that will support the weight of the motor vehicles that the impervious parking area was designed to support.

1.

Pea gravel for the purpose of this subsection is defined as three-quarter-inch to one-inch, round washed gravel.

2.

The drive aisle must be able to support the weight of fire apparatus required for fire protection.

3.

The pea gravel must be maintained for material continuity (i.e., pea gravel must not be rutted and deformed from traffic usage).

4.

The pea gravel must be maintained in order to keep intersections with town and state roads clean of the material.

(f)

Required off-street parking spaces are permanent areas and shall not be used for any other aboveground purpose.

(g)

For uses not specifically mentioned, off-street parking requirements shall be applied by the manager or his designee based upon requirements in this division for similar uses.

(h)

All space requirements which are based upon employment shall be computed on the basis of the greatest number of persons on duty at any one period during the day or night. In instances where calculations indicate a portion of one space is required, an additional full space shall be provided.

(i)

Each application for a building permit or certification of occupancy submitted to the manager or his designee shall include information as to the location and dimensions of off-street parking and loading space and the means of ingress and egress to such space. This information shall be in sufficient detail to enable the manager or his designee to determine whether or not the requirements of this division are met.

(j)

Shared parking. Within any one site, or on two adjacent sites, the required parking for any number of separate uses may be combined on the site, but the required number of parking spaces assigned to one use may not be assigned to another use, except as provided in this subsection.

(1)

Shared parking shall be a special use requiring approval by the town council and subject to requirements imposed by the town council as provided in section 42-99.

(2)

Fifty percent of the parking spaces required for one use may be used to meet the parking requirements of another use on the same parcel when the hours of operation and parking demands of the uses occur at different times of the day.

(3)

In the event that the hours of operation or parking demands of either of use changes such that the hours of operation are no longer different or the number of parking spaces required for either use increases, the certificate of occupancy for both uses shall be revoked until each use shows compliance with the parking requirements of this chapter.

Prior to final approval of the shared parking proposal, a shared parking agreement, in recordable form and executed by the property owners sharing parking, shall be submitted to the town. The shared parking agreement shall contain terms consistent with the provisions of the shared parking requirements set forth herein; shall contain terms prohibiting its revocation or modification without the town's consent; shall name the town as a party for the purpose of giving or withholding of consent to revocation or modification (the town shall not withhold consent if the revocation or modification does not result in any of the properties which are the subject of the agreement becoming noncompliant with the provisions of this chapter or any other applicable governmental regulations); and upon final approval of the site plan the shared parking agreement shall be recorded in the county registry at owners expense.

(4)

In the event that the shared parking agreement exists between adjacent lots, adequate and safe pedestrian access shall be provided from and to the shared parking areas.

(k)

Any off-street parking space required by any use permitted in any residential or commercial district shall be provided on the same lot with the use by which it is required, or in combination with an adjacent lot, provided the applicant has secured a shared parking agreement, and special use permit, as described in subsection 42-544(j). Off-street parking space in conjunction with commercial uses in other districts shall not be permitted in a single family residential district.

(l)

Where off-street parking is provided between the building line and the property line for any business use, a buffer strip of at least five feet in width shall be provided adjacent to such property line. Curb cuts through such buffer strips shall be located no closer than 30 feet to other curb cuts unless otherwise approved by the planning board.

(m)

Any parking spaces required by this chapter shall be located within the corporate limits of the town.

(Code 1990, § 20-436; Ord. of 8-18-1986, §§ 5.08, 5.08(A); Ord. No. 89-11, 4-17-1989; Ord. No. 89-22, 8-21-1989; Ord. No. 96-4, 2-7-1996; Ord. No. 99-22, 9-8-1999; Ord. No. 02-30, § 20-436, 12-2-2002; Ord. No. 05-01, § 20-436, 3-2-2005; Ord. No. 06-03, § 20-436, 2-6-2006; Ord. No. 07-07, § 20-436, 3-5-2007; Ord. No. 08-07, 3-3-2008; Ord. No. 08-08, 5-5-2008; Ord. No. 15-02, 4-7-2015; Ord. No. 21-03, Att., 4-6-2021)

Where parking space for five or more cars is permitted or required, there shall be compliance with the following provisions:

(1)

Yards. No parking lot shall be located closer than ten feet to a public right-of-way. The area between the parking lot and street right-of-way shall be planted and maintained in lawn or other appropriate planting, or shall be improved otherwise as approved in site plan review.

(2)

Curb bumpers and wheel stops. The required front and side yards shall be set off from the parking area by a fixed curb of concrete, chemically treated wood, or other approved material. Curb bumpers and wheel stops shall not be less than four inches or more than five inches in height.

(3)

Lighting. Any lighting shall be arranged so as to direct the light and glare away from streets and adjacent property.

(4)

Surface. All parking lots shall be provided with a town-approved surface with adequate controlled drainage facilities.

(5)

Drainage. Parking lots shall not drain onto or across public sidewalks, or into adjacent property except into a natural watercourse or a drainage easement.

(6)

Markings. Each parking space shall be marked off and maintained so as to be distinguishable.

(7)

Entrances. On all corner lots, no vehicular openings shall be located at closer than 30 feet from the point of intersection of the established street right-of-way lines. No entrances or exits, whether or not on a corner lot, shall exceed 30 feet in width at the property line, or 40 feet at the curbline. There shall be a minimum distance between one-way driveways of 25 feet measured along the curbline.

(8)

Internal circulation. The internal circulation plan of parking lots shall be approved by the planning board.

a.

The following minimum standards shall apply drive aisle widths within parking lots:

Two-way traffic (based on parking angle):

90 degrees ..... 22 feet

60 degrees ..... 21 feet

45 degrees ..... 20 feet

30 degrees ..... 20 feet

Parallel ..... 20 feet

One-way traffic (based on parking angle):

90 degrees ..... 22 feet

60 degrees ..... 18 feet

45 degrees ..... 14 feet

30 degrees ..... 12 feet

Parallel ..... 12 feet

b.

In situations where only one-way drive aisles are proposed, a drive aisle wider than listed above may have to be provided in order to meet fire lane requirements of the state fire code.

c.

Existing, legally nonconforming drive aisles are permitted to remain in use and/or be altered according to the standards found in section [42-133].

(9)

Solid waste container requirements. Sufficient space shall be provided on the premises for the location of a solid waste container or containers as required by chapter 34, pertaining to solid waste, which regulates the collection and disposal of trash and garbage. Such solid waste container location may be in a required parking lot; provided, however, that such location does not occupy a required parking space or maneuvering space and further provided that such solid waste container location shall provide convenient and safe access to the servicing vehicle.

(Code 1990, § 20-437; Ord. of 8-18-1986, § 5.08(B); Ord. No. 90-5, § 6(q), 4-23-1990; Ord. No. 93-3, 1-4-1993; Ord. No. 09-13, 5-4-2009)

(a)

The number of off-street parking spaces required in this subsection shall be provided on the same lot with the principal use, or in combination with an adjacent lot, provided the applicant has secured a shared parking agreement, and special use permit, as described in subsection 42-544(j), and the required number of off-street parking spaces specified for each use shall be considered as the absolute minimum.

(b)

The following shall apply to all commercial establishments:

(1)

All commercial establishments must have a minimum of five customer parking spaces in addition to the employee parking spaces.

(2)

Town approved side markers are required to designate parking spaces.

(c)

The following shall apply to all parking requirements for the hotel and hotel accessory uses: The seating capacity or a number of seats to be used in calculating the required parking spaces shall be determined by the planning board after consultation with the applicant and, in the discretion of the planning board, with a consulting fire marshal in order to determine the maximum number of seats from the standpoint of fire safety rather than designed capacity.

(Code 1990, § 20-438; Ord. of 8-18-1986, § 5.08(C); Ord. No. 89-10, 4-17-1989; Ord. No. 89-22, 8-21-1989; Ord. No. 89-32, 12-4-1989; Ord. No. 89-33, 12-4-1989; Ord. No. 89-34, 12-18-1989; Ord. No. 89-35, 12-18-1989; Ord. No. 89-36, 12-18-1989; Ord. No. 91-13, §§ 10—12, 10-7-1991; Ord. No. 92-14, 8-3-1992; Ord. No. 96-8, 4-1-1996; Ord. No. 00-2, 1-4-2000; Ord. No. 02-17, § 20-438, 9-9-2002; Ord. No. 02-30, § 20-438, 12-2-2002; Ord. No. 03-03, § 20-438, 2-3-2003; Ord. No. 03-43, § 20-438, 7-7-2003; Ord. No. 03-53, § 20-438, 10-6-2003; Ord. No. 06-05, § 20-438, 4-3-2006; Ord. No. 07-02, § 20-438, 2-5-2007; Ord. No. 07-07, § 20-438, 3-5-2007; Ord. No. 07-11, § 20-438, 5-7-2007; Ord. No. 12-05, 5-7-2012; Ord. No. 13-12, 12-2-2013; Ord. No. 15-02, 4-7-2015; Ord. No. 15-06, 6-1-2015; Ord. No. 21-03, Att., 4-6-2021)

Where off-street loading space is required under the dimensional requirements of a particular district, one or more loading berths or other space shall be provided for standing, loading and unloading operations either inside or outside a building and on the same or adjoining premises with every building or structure erected after the enactment of the ordinance from which this section is derived, all to be in accordance with the requirements of the following table. A loading berth shall have a minimum plan dimension of 12 feet by 25 feet and a 14-foot overhead clearance. A loading space need not be necessarily a full berth but shall be sufficient to allow normal loading and unloading operations of a kind and magnitude appropriate to the property served thereby. The planner shall determine the sufficiency of loading space but in no case shall the use of such space hinder the free movement of vehicles and pedestrians over a street, sidewalk or alley. Specific requirements are as follows:

(Code 1990, § 20-439; Ord. of 8-18-1986, § 5.08(D); Ord. No. 88-12A, 10-24-1988; Ord. No. 89-11, 4-17-1989)

It is the intent of this division to:

(1)

Encourage the effective use of signs as a means of communication in the town;

(2)

Maintain and enhance the aesthetic environment and the town's ability to attract sources of economic development and growth;

(3)

Be appropriate to and improve pedestrian and traffic safety;

(4)

Minimize the possible adverse effect of signs on nearby public and private property;

(5)

Enable the fair and consistent enforcement of these sign restrictions.

(Code 1990, § 20-451; Ord. No. 91-14, 10-21-1991)

A sign may be erected, placed, established, painted, created or maintained in the town only in conformance with the standards, procedures, exemptions and other requirements of this division. The effect of this division as more specifically set forth herein is to:

(1)

Establish a permit system to allow a variety of types of signs in commercial zones and a limited variety of signs in other zones, subject to the standards and the permit procedures of this division;

(2)

Allow certain signs that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this division, but without a requirement for permits;

(3)

Provide for temporary signs without commercial messages in limited circumstances in the public right-of-way;

(4)

Prohibit all signs not expressly permitted by this division; and

(5)

Provide for the enforcement of the provisions of this division.

(Code 1990, § 20-452; Ord. No. 91-14, 10-21-1991)

(a)

If a sign requiring a permit under the provisions of this division is to be placed, constructed, erected or modified on a lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection or modification of such a sign in accordance with the requirements of section 42-585. Furthermore, the property owner shall maintain in force, at all times, a sign permit for such sign in accordance with section 42-586.

(b)

No signs shall be erected in the public right-of-way except in accordance with section 42-582.

(c)

No sign permit other than that noted in section 42-588(3) shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this division (including those protecting existing signs) in every respect and with the master signage plan or common signage plan in effect for the property.

(Code 1990, § 20-453; Ord. No. 91-14, 10-21-1991; Ord. No. 94-3, 2-7-1994)

All signs shall be designed, constructed and maintained in accordance with the following standards:

(1)

All signs shall comply with applicable provisions of the state building code at all times.

(2)

Except where specifically exempted by this division, all signs, including the supports, frames and embellishments thereto, shall not be located within any public right-of-way, nor shall any sign be attached, affixed or painted on any utility pole, light standard, telephone or telegraph pole, any tree, rock or other natural object.

(3)

Except for flags, window signs and regulated temporary signs conforming in all respects with the requirements of this division, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame or structure.

(4)

All signs shall be maintained in good structural condition, in compliance with all building and electrical codes and in conformance with this chapter at all times.

(Code 1990, § 20-454; Ord. No. 91-14, 10-21-1991)

(a)

Signs shall be allowed on private property in the town only in accordance with table I in this section. If the letter "A" appears for a sign type in a column, such sign is allowed without prior permit approval in the zoning districts represented by that column. If the letter "P" appears for a sign type in a column, such sign is allowed only with prior permit approval in the zoning districts represented by that column. Special conditions may apply in some cases. If the letter "N" appears for a sign type in a column, such a sign is not allowed in the zoning districts represented by that column under any circumstances.

(b)

Although permitted under the previous subsection, a sign designated by a "P" or "A" in table I at the end of this section shall be allowed only if:

(1)

The sum of the area of all building and freestanding signs on the lot conforms with the maximum permitted sign area as determined by the formula for the zoning district in which the lot is located as specified in table II.

(2)

The size, location and number of signs on the lot conform with the requirements of tables III and IV at the end of this section, which establish permitted sign dimensions by sign type, and with any additional limitations listed in table I at the end of this section.

(3)

The characteristics of the sign conform with the limitations of table V at the end of this section, permitted sign characteristics, and with any additional limitations on characteristics listed in table I at the end of this section.

(c)

Campaign signs advertising candidates for political office or communicating an opinion concerning any measure on a public ballot shall be considered temporary and shall be allowed without permit provided such signs do not exceed six square feet in area per display surface, do not exceed 42 inches in height, are not erected prior to 90 days before the appropriate election or measure on a public ballot, and are removed within 14 days after the election or public vote on a measure. Signs must be erected a minimum of eight feet from the edge of pavement or eight feet from the centerline of an unpaved street. Signs erected in any other fashion shall be subject to the provisions of this division.

(d)

Yard or garage sales signs announcing yard or garage sales shall be considered temporary and allowed without permit provided such signs do not exceed one sign per site of such sale, six square feet in area per display surface and are removed within seven days of erection.

(e)

Public event announcements by public or nonprofit organizations of special events or activities of interest to the general public shall be considered temporary signs subject to permit at no fee. Such signs shall not exceed one sign placed at the site of such events or activities and not to exceed 16 square feet in area per display surface. Such signs shall be removed within five days following the event but shall not be displayed for a period of time to exceed 30 days.

Temporary signs or banners promoting public information or events sponsored by the town (such as Heritage Day) may be posted in multiple locations throughout the town. Such signs are limited to 48 square feet in size. Such signs can be located within public rights-of-way as long as safe visual clearance of 12 feet is maintained from public streets.

(f)

Real estate signs advertising the sale or rental availability of a property shall be considered temporary signs allowed without a permit provided such signs comply with the following standards:

(1)

Residential zones.

a.

One freestanding sign advertising the sale of a residential lot or structure shall be allowed. Such sign shall not exceed six square feet in area per display surface.

b.

One sign advertising the rental of a residential structure shall be allowed. Such sign shall be affixed to the front wall of the residence and shall not exceed six square feet in area.

(2)

Commercial zones. One freestanding sign advertising the sale or lease of a commercial lot or structure shall be allowed. Such sign shall not exceed 16 square feet in area per display surface. The sign shall be removed no longer than 20 days following the completion of the sale of the subject lot or structure.

(g)

Freestanding stationary directional signs for public or private accredited educational institutions or churches within the town upon the following conditions:

(1)

Not more than two signs per institution or church;

(2)

The content of the sign must be limited to directional information and the hours of operation of the activity at the site;

(3)

The sign shall not exceed 32 square feet and shall not be located closer than 50 feet to any existing lawful sign;

(4)

A sign permit must be obtained from the town before a sign is erected or located within the town pursuant to this subsection;

(5)

The sign owner must authorize the town in writing to remove and dispose of any sign permitted pursuant to this subsection which does not have a current permit or which does not comply with all of the applicable conditions and regulations of this subsection;

(6)

The erection, location or maintenance of an off-site portable sign or stationary directional sign contrary to the provisions of this subsection is prohibited and is a violation of this chapter punishable as otherwise provided by this article;

(7)

Any sign owner who applies for a permit to erect and maintain a sign pursuant to this section must furnish with the application submitted to the town written consent of either the private property owner or the state department of transportation;

(8)

Internal or external lighting of a sign erected pursuant to this section is prohibited.

(h)

Civic service club display signs. One display structure may be erected and maintained at one location in the town approved by the town council upon which civic service clubs with an active membership on the Outer Banks may display the club's service club identification symbol. The size of the club identification symbol displayed must be similar in size to other displayed symbols and its display must be approved by the town.

(i)

In the BC-1, BC-2, BH-1 and BH-2 zones of the town, two on-site freestanding signs may be used on one commercial site, provided the following conditions are satisfied:

(1)

The commercial site must be contiguous to US Highway 158 Bypass (Croatan Highway) and NC Highway 12;

(2)

The project site must have a minimum of 75 continuous linear feet of frontage on both US Highway 158 Bypass (Croatan Highway) and NC Highway 12;

(3)

The second freestanding sign must not exceed 48 square feet in size and the total sign display area on the site must not exceed 100 square feet as allowed by this chapter; the second freestanding on-site sign must be used in lieu of any wall signs, except that a sign indicating the business is open may be displayed provided the displayed open sign has been approved by the town planner with respect to its display location and size. The open sign shall not exceed four square feet in size;

(4)

Both on-site freestanding signs must have an area surrounding them landscaped with plants and vegetation approved by the planner, and the owner of the signs shall maintain the landscaped area around each sign.

(j)

A sign attached to or painted on a motor vehicle or trailer may be displayed in accordance with the following requirements:

(1)

The vehicular sign must be affixed to the vehicle or trailer;

(2)

The vehicle or trailer upon which the vehicular sign is affixed must be used in the routine conduct of the business advertised on the sign and the vehicle or trailer must have a current safety inspection sticker and current license displayed thereon in accordance with applicable state law. A principal use of the vehicle or trailer cannot be to advertise or display the vehicular sign, and parking spaces on commercial property cannot be used by off-site businesses and their vehicles for advertising purposes;

(3)

On commercial sites, the vehicle or trailer must be correctly parked within a designated parking space or loading zone. No vehicle or trailer with a vehicular sign can park within a street right-of-way except for temporary (less than one-half hour) emergency parking;

(4)

For illustration but not limitation, banners, flags, inflatable objects, "sandwich board signs" and frame signs placed within the bed of a pickup truck are expressly prohibited;

(5)

Commercial buses and taxicabs may display vehicular signs which advertise businesses other than the bus company in accordance with the following requirements:

a.

The display of vehicular signs must be incidental to the operation of the bus or taxicab as a mode of transportation;

b.

Except for temporary (less than one-half hour) emergency parking, the bus or taxicab displaying vehicular signs shall not be parked in parking lots, public access areas or on private property with the displayed vehicular signs visible from a public right-of-way.

(k)

Religious signs and symbols.

(1)

An on-site freestanding sign is permitted for churches in the residential zoning districts of the town, provided the maximum sign area does not exceed 16 square feet and the maximum height of the sign and its supporting structure does not exceed five feet from the finished grade level of the site. The grade level cannot be increased above the grade level approved on the site plan in order to increase the height of the sign unless the town approves an amendment to the site plan authorizing the change in grade elevation. The sign cannot be internally illuminated or illuminated after 10:00 p.m. in the residential districts of the town unless a service is being conducted after 10:00 p.m., and in that event the light must be turned off after the service has been concluded.

(2)

In addition to a freestanding sign, one sign in the form or shape of a religious symbol shall be permitted on the church site. The religious symbol sign may be freestanding, attached to the building facade or incorporated into the building facade. The longest vertical element of the symbol shall not exceed a length of 20 feet, and the highest point of the symbol shall not exceed 35 feet in height from the town approved finished grade. Illumination of the religious sign must not interfere with motorists on adjacent streets or public rights of way. The lights used for illuminating the religious sign must be low intensity lights, and the light must be directed away from the adjacent properties.

(l)

Construction signs located on private property shall be considered temporary signs allowed without a permit, provided such signs comply with the following standards:

(1)

Residential zones. One freestanding sign advertising the contractor or developer of a residential lot or structure shall be allowed. Such sign shall not exceed six square feet in area per display surface. This sign shall be removed no longer than ten days after a certificate of occupancy is issued.

(2)

Commercial zones. Two freestanding signs advertising the contractor, developer, or financial institution of a commercial lot or structure shall be allowed. Such signs shall not exceed 16 square feet in area per display surface. These signs shall be removed no longer than ten days after a certificate of occupancy is issued.

(m)

Local government agencies and state-regulated utilities are permitted to have one additional freestanding sign containing safety related messages on their property. Such sign shall not exceed a maximum total height of eight feet. The maximum size of such sign can be no more than 12 square feet. The sign must be constructed to withstand the weather.

(n)

The use of flags and flagpoles on commercially zoned properties is only allowed in accordance with the following conditions and limitations. No permit is necessary to display flags in a manner consistent with these standards.

(1)

Flagpoles.

a.

No more than one standard or nautical flagpole can be located on a single property.

b.

Flagpoles cannot exceed 40 feet in height from grade.

(2)

Government flags.

a.

Flags of the United States, the state, the town, and other legal governments are allowed, provided that such flags do not exceed 60 square feet in area. Such flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes.

(3)

Location.

a.

Flagpoles can be freestanding or attached to a building as long as the overall height of the building and flagpole does not exceed 40 feet from grade.

b.

Flagpoles and flags must be set back the distance necessary to prevent any flag from flying over adjoining properties or public rights-of-way.

c.

Flags must be placed in a location and flown at a height that does not obstruct the view of vehicles entering and exiting the site, neighboring properties, and abutting streets.

d.

Business flags must be located on the property containing the business being advertised. Off premise business flags are not permitted.

(4)

Number of flags.

a.

No more than three flags can be flown from a standard flagpole.

b.

No more than four flags can be flown from a nautical flagpole.

c.

Only one business flag can be flown per business on the property containing the business.

d.

Each property can contain up to one banner flag per 25 linear feet of street frontage.

(5)

Size/height of flags.

a.

Government flags are limited to a maximum size of 60 square feet.

b.

Business flags can be no larger than 24 square feet.

c.

Banner flags can be no larger than 30 square feet in size and ten feet in height. Including measurement of the pole, the maximum height is 12 feet.

d.

The dimensions of a flag flown from a standard flagpole can be no greater than the following chart.

(6)

Flag maintenance. All flags and flagpoles must be maintained in good repair. Flags that are worn, torn, tattered, or in need of repair must be removed and repaired or replaced as soon as they reach that condition.

(7)

Nonconforming flags. Any flags and flagpoles in place on January 9, 2012 that would be restricted or prohibited under the terms of this subsection (n) are considered to be nonconforming flags. It is the intent of this section to permit these nonconformities to continue until they are removed, at which time future use of flags must be in compliance with the standards of this subsection (n). Such nonconformities shall not be enlarged or expanded in any manner.

TABLE I. PERMITTED SIGNS BY TYPE AND ZONING DISTRICT

TABLE II. MAXIMUM TOTAL SIGN AREA PER LOT BY ZONING DISTRICT

TABLE III. NUMBER, DIMENSIONS AND LOCATION OF INDIVIDUAL SIGNS BY ZONING DISTRICT

TABLE IV. NUMBER AND DIMENSIONS OF CERTAIN
INDIVIDUAL SIGNS BY TYPE

TABLE V. PERMITTED SIGN CHARACTERISTICS BY ZONING DISTRICT

(Code 1990, § 20-455; Ord. No. 91-14, 10-21-1991; Ord. No. 94-1, 1-10-1994; Ord. No. 94-2, 1-10-1994; Ord. No. 94-4, 2-7-1994; Ord. No. 95-17, 9-5-1995; Ord. No. 99-6, 2-1-1999; Ord. No. 00-7, 3-6-2000; Ord. No. 00-11, 4-3-2000; Ord. No. 00-12, 4-3-2000; Ord. No. 00-14, 4-3-2000; Ord. No. 03-27, § 20-455, 5-5-2003; Ord. No. 03-39, § 20-455, 7-7-2003; Ord. No. 06-07, § 20-455, 5-1-2006; Ord. No. 06-17, § 20-455, 12-4-2006; Ord. No. 07-06, § 20-455, 3-5-2007; Ord. No. 07-11, § 20-455, 5-7-2007; Ord. No. 08-05, 2-4-2008; Ord. No. 08-11, 6-2-2008; Ord. No. 08-12, 6-2-2008; Ord. No. 09-12, 5-4-2009; Ord. No. 12-01, 1-9-2012; Ord. No. 12-04, 5-7-2012; Ord. No. 13-03, 5-6-2013; Ord. No. 15-04, 5-4-2015; Ord. No. 17-09, 8-7-2017)

The following principles shall control the computation of sign area and sign height:

(1)

Computation of area of individual signs. The area of a sign (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background or display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative wall when such wall otherwise meets the regulations of this chapter and is clearly incidental to the display itself.

(2)

Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. No sign shall have more than two display surfaces. When two identical sign faces are placed back-to-back so that both faces cannot be viewed from any point at the same time, and when such faces are part of the same sign structure and not more than 24 inches apart, the sign area shall be computed by the measurement of one of the faces.

(3)

Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of the following:

a.

Existing grade prior to construction; or

b.

The newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign.

The elevation at grade at the sign location shall be made part of the topographic data submitted for the site plan consideration.

(4)

Computation of maximum total permitted sign area for a lot. The permitted sum of the area of all individual signs on a lot shall be computed by applying the formula contained in table II, maximum total sign area, appropriate for the zoning district in which the lot is located.

(Code 1990, § 20-456; Ord. No. 91-14, 10-21-1991)

(a)

Required. No permit shall be issued for an individual sign requiring a permit unless and until a master signage plan or a common signage plan for the lot on which the sign will be erected has been submitted to the planner and approved by the planning board as conforming with this division.

(b)

Master signage plan. For any lot on which the owner proposes to erect one or more signs requiring a permit, unless such lot is included in a common signage plan, the owner shall submit to the planner a master signage plan containing the following:

(1)

An accurate plat of the lot, at such scale as the planner may reasonably require;

(2)

Location of buildings, parking lots, driveways and landscaped areas on the lot;

(3)

Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the lot included in the plan under this division;

(4)

An accurate indication on the plat of the proposed location of each present and proposed sign of any type, except that incidental signs need not be shown;

(5)

Elevation of the ground at the location of any proposed freestanding sign;

(6)

Consistency among all signs on the lot with regard to:

a.

Color scheme;

b.

Lettering or graphic style;

c.

Lighting;

d.

Location of each sign on the buildings;

e.

Material; and

f.

Area of windows which may be covered by window signs.

(Code 1990, § 20-457; Ord. No. 91-14, 10-21-1991)

If the owners of two or more contiguous (disregarding intervening streets and alleys) lots or the owner of a single lot with more than one building (not including any accessory building) file with the planner for such lots a common signage plan conforming with the provisions of this section, a 15 percent increase in the maximum total sign area shall be allowed for each included lot. This bonus shall be allocated within each lot as the owner elects.

(1)

Provisions of common signage plan. The common signage plan shall contain all of the information required for a master signage plan.

(2)

Other provisions of master or common signage plans. The master or common signage plan may contain such other restrictions as the owners of the lots may reasonably determine.

(3)

Consent. The master or common signage plan shall be signed by all owners or their authorized agents in such form as the town shall require.

(4)

Procedures. A master or common signage plan shall be included in any development plan, site plan, planned unit development plan, PCD plan or other official plan required by the town for the proposed development and shall be processed simultaneously with such other plan.

(5)

Amendment. A master or common signage plan may be amended by filing a new master or common signage plan that conforms with all requirements of this division then in effect.

(6)

Existing signs not conforming to common signage plan. If any new or amended common signage plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into conformance, within three years, all signs not conforming to the proposed amended plan or to the requirements of this division in effect on the date of submission. An additional 15 percent of display area shall be allowed to those business owners who voluntarily submit a master or common signage plan and bring all signs on their lot into compliance with the regulations of this division prior to the three-year date from adoption of the ordinance from which this division is derived.

(7)

Binding effect. After approval of a master or common signage plan, no sign shall be erected, placed, painted or maintained except in conformance with such plan, and such plan may be enforced in the same way as any provision of this division. In case of any conflict between the provisions of such a plan and any other provision of this division, this division shall control.

(Code 1990, § 20-458; Ord. No. 91-14, 10-21-1991)

No signs shall be allowed in the public right-of-way or on public property, except for the following:

(1)

Permanent signs. Permanent signs, including:

a.

Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic. Such public signs may include digital message board signage and may be in addition to standard signage permitted by this chapter. Such signage shall be located so that it does not impede line of sight at any intersection.

b.

Bus stop signs erected by a public transit company;

c.

Informational signs of a public utility regarding its poles, lines, pipes or facilities; and

d.

Directional signs whose size and location are approved by the town and the state department of transportation, do not exceed eight square feet and are uniform in design with regard to size, color and shape. Directional signs shall be subject to the permit procedure set forth in section 42-584.

(2)

Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right-of-way.

(3)

Campaign signs. Campaign signs are permitted on a temporary basis subject to the standards outlined in section 42-577(c), which include requirements that such signs may be located within a public right-of-way, but at least eight feet from the edge of pavement or centerline of an unpaved street. On election day, a political candidate standing for election may place a campaign sign at each poll location.

(4)

Other signs may be confiscated. Any sign installed or placed on public property, except in conformance with the requirements of this division, may be subject to confiscation.

(Code 1990, § 20-459; Ord. No. 91-14, 10-21-1991; Ord. No. 07-12, § 20-459, 5-7-2007; Ord. No. 23-08, 10-2-2023)

The following signs shall be exempt from regulation under this division:

(1)

Any public notice or warning required by a valid and applicable federal, state or local law, regulation or division;

(2)

Any sign inside a building, not attached to a window or door;

(3)

Holiday lights and decorations with no commercial message, which may be from mid-November until mid-January, provided they meet the requirements of section 42-515(d)(12); and

(4)

Traffic control signs on private property, such as "Stop," "Yield," and similar signs, the faces of which meet department of transportation standards and which contain no commercial message of any sort.

(Code 1990, § 20-460; Ord. No. 91-14, 10-21-1991; Ord. No. 95-16, 8-7-1995; Ord. No. 02-31, § 4, 12-2-2002; Ord. No. 07-11, § 20-460, 5-7-2007)

All signs not expressly permitted under this division or exempt from regulation hereunder in accordance with the previous section are prohibited in the town. Such signs include, but are not limited to:

(1)

Animated, rotating or other moving or apparently moving signs;

(2)

Beacons;

(3)

Pennants;

(4)

Flashing lights (except as may be permitted to display time and temperature);

(5)

Strings of lights;

(6)

Portable signs except for vehicular signs used and displayed in accordance with the terms of this chapter;

(7)

Inflatable signs and tethered balloons;

(8)

Billboards;

(9)

Neon tube illumination exterior to a building and except as provided in table V in section 42-577;

(10)

Tourist-oriented directional signs (TODs); and

(11)

LED signs.

(Code 1990, § 20-461; Ord. No. 91-14, 10-21-1991; Ord. No. 95-17, 9-5-1995; Ord. No. 03-56, § 20-461, 10-6-2003; Ord. No. 08-12, 6-2-2008)

The following procedures shall govern the application for, and issuance of, all sign permits under this division, and the submission and review of common signage plans and master signage plans:

(1)

Applications. All applications for sign permits of any kind and for approval of a master or common signage plan shall be submitted to the planner on an application form or in accordance with application specifications published by the town.

(2)

Fees. Each application for a sign permit or for approval of a master or common signage plan shall be accompanied by the applicable fees, which shall be established by the town council from time to time by ordinance.

(3)

Completeness. Within five days of receiving an application for a sign permit or for a common or master signage plan, the planner shall review it for completeness. If the planner finds that it is complete, the application shall then be processed. If the planner finds that it is incomplete, the planner shall, within such five-day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this division.

(4)

Action. The planner shall issue a sign permit for each complete application submitted in accordance with and satisfying the requirements of this chapter. Planning board review and approval of the sign permit application is not required; however, the planner, in his discretion, may forward any application to the planning board for its review and approval. In such event, the planner shall issue a sign permit for any application which the planning board approves as being in compliance with all applicable regulations of this chapter and the applicable master or common signage plan.

(5)

Action on plan. On any application for approval of a master signage plan or common signage plan, the planning board shall take action on the submission if it is received in complete form at least 20 days prior to a regularly scheduled planning board meeting.

(Code 1990, § 20-462; Ord. No. 91-14, 10-21-1991; Ord. No. 94-2, 1-10-1994)

Signs identified as "P" on table I, in section 42-577 shall be erected, installed or created only in accordance with a duly issued and valid sign construction permit from the planner. Such permits shall be issued only in accordance with the following requirements and procedures:

(1)

Permit for new sign or for sign modification. An application for construction, creation or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure and location of each particular sign, to the extent that such details are not contained on a master signage plan or common signage plan then in effect for the lot. One application and permit may include multiple signs on the same lot.

(2)

Inspection. The code enforcement officer shall cause an inspection of the lot for which each permit for a new sign or for modification of an existing sign is issued during the six months after the issuance of such permit or at such earlier date as the owner may request. If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void. If the construction is complete and in full compliance with this division and with the building and electrical codes, the code enforcement officer shall affix to the premises a permanent symbol identifying the sign and the applicable permit by number or other reference. If the construction is substantially complete but not in full compliance with this division and applicable codes, the code enforcement officer shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, the code enforcement officer shall affix to the premises the permanent symbol described in this subsection.

(Code 1990, § 20-463; Ord. No. 91-14, 10-21-1991; Ord. No. 07-11, § 20-463, 5-7-2007)

The owner of a lot containing signs requiring a permit under this division shall, at all times, maintain in force a sign permit for such property. Sign permits shall be issued for individual lots, notwithstanding the fact that a particular lot may be included with other lots in a common signage plan.

(1)

Initial sign permit. An initial sign permit shall be automatically issued by the planner covering the period from the date of the inspection of the completed sign installation, construction or modification through the last day of that calendar year.

(2)

Lapse of sign permit. A continuing permit shall lapse automatically if not renewed or if the business license for the premises lapses, is revoked or is not renewed. A sign permit shall also lapse if the business activity on the premises is discontinued for a period of 180 days or more and is not renewed within 30 days of a notice from the town to the last permittee, sent to the premises, that the sign permit will lapse if such activity is not renewed.

(3)

Assignment of sign permits. A current and valid sign permit shall be freely assignable to a successor as owner of the property or holder of a business license for the same premises, subject only to filing such application as the planner may require and paying any applicable fee. The assignment shall be accomplished by filing and shall not require approval.

(Code 1990, § 20-464; Ord. No. 91-14, 10-21-1991; Ord. No. 07-11, § 20-464, 5-7-2007)

Temporary signs on private property shall be allowed upon written approval by the planner only upon the issuance of a temporary sign or banner permit, which shall be subject to the following requirements:

(a)

Term. A temporary sign or banner permit shall allow the use of a temporary sign or banner for a specified period of not more than 50 continuous days. Each temporary sign or banner permit shall state thereon the commencement and termination dates of the sign term.

(b)

Number. Up to two temporary sign or banner permits can be issued for each business on the same property during a twelve month period. Only one temporary sign or banner can be displayed at a time.

(c)

Size. A temporary sign or banner shall not exceed 36 square feet in size.

(d)

Location. A temporary sign or banner must be located on the same lot as the business being advertised and cannot be located within public rights-of-way. A temporary sign may only be attached to a building. A banner may be attached to a building, or freestanding.

(e)

Other conditions.

(1)

An application fee, as prescribed in the town's adopted fee schedule, shall be paid prior to the issuance of a temporary sign or banner permit.

(2)

In addition to the applicable permit fee, the applicant shall post a cash bond of $50.00 for each sign authorized by the temporary sign or banner permit, which bond shall be held to ensure the removal of the sign and shall be refunded upon the surrender to the town of the actual sign for disposal or upon evidence submitted to the town of the sign's removal in accordance with the temporary sign permit and this chapter. The cash bond shall be forfeited upon the failure of the temporary sign permit holder to remove the sign on or before midnight of the last day of the temporary sign permit term.

(f)

Failure to remove. The failure to remove a temporary sign prior to or at the expiration date of the permit period shall be a violation of this division for which the town may collect a civil penalty as set forth in section [42-591] as an action in the nature of debt. This remedy shall be in addition to any other remedies available to the town.

(g)

Temporary use of costumed mascots/wavers.

(1)

The temporary use of costumed mascots/wavers shall be permitted in BC-1 and BC-2 zoning districts only on Croatan Highway (U.S. Highway 158) subject to the standards and requirements set forth herein.

(2)

A business shall be limited to a maximum of one costumed waver/mascot at a time.

(3)

A temporary sign permit shall allow the use of a costumed mascot/waver for a specified period of no more than 90 continuous days. A business can obtain up to two such permits (each covering a 90-day period) per calendar year.

(4)

No additional lighting shall be allowed on the site for the temporary special use as the mascot/waver would only be out during daylight hours.

(5)

The costumed waver/mascot shall remain on private property and not in the NCDOT right-of-way.

(6)

Attire worn by waver/mascot shall not be offensive or contain written advertising.

(Ord. No. 09-02, 1-5-2009; Ord. No. 09-12, (20-465), 5-4-2009; Ord. No. 11-11, 10-3-2011; Ord. No. 11-13, 12-5-2011; Ord. No. 15-04, 5-4-2015; Ord. No. 21-03, Att., 4-6-2021)

Editor's note— Ord. No. 09-12, adopted May 4, 2009, changed the title of § 42-587 from temporary sign permits (private property) to temporary sign/banner permits.

Except as otherwise provided herein, the owner of any lot or other premises on which exists a sign that does not conform with the requirements of this division or for which there is no current and valid sign permit shall be obligated to remove such sign or, in the case of a nonconforming sign, to bring it into conformity with the requirements of this division.

(1)

Signs existing on effective date. For any sign existing in the town on October 21, 1991, an application for a sign permit must be submitted to the planner before April 18, 1992. Signs that are the subject of an application received after the applicable date set forth in this section shall be subject to all of the terms and conditions of this division and shall not be entitled to the protection of subsection (3) of this section.

(2)

Exemption from initial fees. Applicable permits for existing signs submitted before October 21, 1992, shall be exempt from the initial fees adopted under authority of this division, but not from renewal and subsequent fees.

(3)

Nonconforming existing signs, permits and terms. A sign that would be permitted under this division only with a sign permit, but which was in existence on October 21, 1991, and which was constructed in accordance with the divisions and other applicable laws in effect on the date of its construction, but which by reason of its size, height, location, design or construction is not in conformance with the requirements of this division, shall be issued a nonconforming sign permit if an application in accordance with sections 42-579 or 42-580 of this division is timely filed.

a.

Such permit shall allow the sign subject to such permit, which was made nonconforming by the adoption of this division, to remain in place and be maintained for a period ending no later than January 1, 1994, provided that no action is taken which increases the degree or extent of the nonconformity.

b.

Such signs are also subject to the provisions of subsection (4) of this section. A change in the information on the face of an existing nonconforming sign is allowed.

However, any nonconforming sign shall either be eliminated or made to conform with the requirements of this section when any proposed change, repair or maintenance would constitute an expense of more than 25 percent of the lesser of the original value or replacement value of the sign.

(4)

Lapse of nonconforming sign permit. A nonconforming sign permit shall lapse and become void under the same circumstance as those under which any other sign permit may lapse and become void.

(5)

Sign removal required. A sign that was constructed, painted, installed or maintained in conformance with a permit under this division, but for which the permit has lapsed or not been renewed or the time allowed for the continuance of a nonconforming sign has expired shall be forthwith removed without notice or action from the town.

(6)

Nonconforming flags. The use of nonconforming flags and flagpoles in place on January 9, 2012 may continue until they are removed per the terms of subsection 42-577(n)(7) of this division.

(Code 1990, § 20-466; Ord. No. 91-14, 10-21-1991; Ord. No. 07-11, § 20-466, 5-7-2007; Ord. No. 12-01, 1-9-2012)

(a)

Any of the following shall be a violation of this division and shall be subject to the enforcement remedies and penalties provided by this division, by this chapter and by state law:

(1)

To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the lot on which the sign is located;

(2)

To install, create, erect or maintain any sign requiring a permit without such a permit;

(3)

To fail to remove any sign that is installed, created, erected or maintained in violation of this division or for which the sign permit has lapsed; or

(4)

To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this division.

(b)

Each sign installed, created, erected or maintained in violation of this division shall be considered a separate violation when applying the penalty portions of this division.

(c)

After a notice of violation, warning citation or civil citation has been issued, any reerection or display within a 12-month period of the same sign or the erection or display of a substantially similar sign which is in violation of this chapter on the same premises shall be considered a continuance of the original violation.

(Code 1990, § 20-467; Ord. No. 91-14, 10-21-1991; Ord. No. 08-15, 10-6-2008)

(a)

Any violation or attempted violation of this division or of any condition or requirement adopted pursuant hereto may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this division shall be considered a violation of this chapter. The remedies available to the town shall include the following:

(1)

Issuing a stop work order for any and all work on any signs on the same lot or lots;

(2)

Seeking an injunction or other order of restraint or abatement that requires the removal of the sign or the correction of the nonconformity;

(3)

Imposing any penalties that can be imposed directly by the town under this chapter;

(4)

Issuing a citation to cause the violation to be corrected and imposing a penalty for failure to do so;

(5)

Seeking in court the imposition of any additional penalties that can be imposed by such court under this chapter; and

(6)

In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the town under the applicable provisions of this chapter and the building code for such circumstances.

(b)

The town shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of this chapter.

(Code 1990, § 20-468; Ord. No. 91-14, 10-21-1991)

(a)

If, through inspection, it is determined that a person has failed to comply with the provisions of this division, the code enforcement officer or building inspections department shall issue a notice of violation by certified mail to the violator. Violations shall be corrected within ten days of the receipt of such citation, except that a violation for failing or refusing to remove a temporary sign after the permit has expired must be corrected within three days of delivering a citation to the address of the applicant shown on the application.

(b)

If the violation is not corrected within the time period specified by the notice of violation, then a citation subject to a $50.00 civil penalty shall be issued. Continued violation of the sign code shall result in the issuance of additional citations subject to the following civil penalties:

(1)

Days 1—15: a fine of $50.00 per day for each day that a sign is in violation following the issuance of a citation.

(2)

Days 16—30: a fine of $100.00 per day for each day that a sign is in violation.

(3)

Day 31 and subsequent Days: a fine of up to $500.00 per day for each day that a sign is in violation.

(c)

These civil penalties are in addition to any other penalties or actions imposed by a court for violation of the provisions of this division.

(d)

All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.

(e)

For the purpose of calculating any time period imposed or required by this division, the first day of any activity or action required or authorized shall be excluded and the last day shall be included.

(Code 1990, § 20-469; Ord. No. 91-14, 10-21-1991; Ord. No. 08-15, 10-6-2008)

(a)

Notwithstanding any provision or regulation in this Code to the contrary, a duly licensed motor vehicle can display mobile vehicular signs pursuant to and in conformity with the following regulations:

(1)

A permit must be issued by the town to the business owner operating the mobile vehicular sign, and the permit must be kept with the mobile vehicular sign while it is operated within the town.

(2)

A current, valid permit shall include the requirement that the mobile vehicular sign must be operated and displayed in accordance with the requirements and conditions of this section. A violation of the permit shall result in an automatic suspension of the permit until the breach has been cured and the permit has been reinstated by the town. After a violation of the permit, the town shall retain the permit until it has been reinstated.

(3)

A mobile vehicle sign shall have no more than four display surfaces or areas (two side display areas, one rear facing display area, and one front facing display area) with combined mobile vehicular sign display area not greater than 166 square feet and no single display area greater than 64 square feet.

(4)

The mobile vehicular sign messages can be displayed only while the mobile vehicular sign truck is operated on US Highway 158, Highway 12, and on that portion of Kitty Hawk Road that connects Highway 158 and Highway 12.

a.

Except for temporary (less than one-half hour) emergency parking, the mobile vehicular sign truck displaying mobile vehicular signs shall not be parked in parking lots, public access areas or on private property with the displayed vehicular signs visible from a public right-of-way.

b.

The truck and mobile vehicular signs must meet all applicable state regulations.

c.

The mobile vehicular signs shall not be displayed earlier than 5:30 am and later than 7:00 pm from October 1 through March 31, and the mobile vehicular signs shall not be displayed earlier than 5:30 am and later than sunset from April 1 through September 30.

(5)

Neither the truck nor the mobile vehicular signs shall display flashing lights or emit sound solely for advertisement purposes or for the purpose of attracting attention to the mobile vehicular signs display area or surface.

(6)

The mobile vehicular signs shall not display text or symbols that are obscene or suggestive of sexual themes or sexual content or conduct. No vulgar, profane or indecent language shall be displayed on the mobile vehicular sign.

(7)

Mobile vehicular signs using LEDs within the display area shall maintain an intensity level not greater than twice the background light level of the display area and LEDs cannot be used for advertisement purposes outside of the display area.

(b)

This section shall control in the event of a conflict between the other sections of the town code and the provisions of this section.

(Ord. No. 09-06, (20-470), 3-2-2009)

(a)

All, trailers, and campers shall hereafter be located for occupancy in a trailer park only as provided for in this chapter.

(b)

All manufactured homes shall hereafter be located for occupancy in a manufactured home park only as provided for in this chapter, or as provided for by subsection 42-275(b)5.

(c)

No person shall maintain, operate or occupy a manufactured home or travel trailer park in the town unless such park has been located in accordance with this chapter.

(d)

Except as otherwise provided, this division applies to manufactured home and trailer parks.

(Code 1990, § 20-501; Ord. of 8-18-1986, §§ 5.16, 5.16(A)(1); Ord. No. 16-05, 4-4-2016; Ord. No. 21-03, Att., 4-6-2021)

All manufactured home parks existing August 18, 1986, and not meeting the minimum requirements established in this division for manufactured home parks, shall be considered a nonconforming use. One or two manufactured homes on a lot with a principal building or use, or on a separate lot, shall not be considered a nonconforming manufactured home park; when any such manufactured home is removed from the lot it may not be replaced with another manufactured home.

(Code 1990, § 20-502; Ord. of 8-18-1986, § 2.02; Ord. No. 21-03, Att., 4-6-2021)

Application for a permit to develop, operate, alter or maintain a manufactured home or trailer park shall be made to the planner upon forms supplied by that office. The permit fee shall be $5.00 for each park plus the current minimum building permit fee established by the town will be required for each proposed space within the park. Any permits for buildings to be constructed on the site shall be accompanied by the normal fee. The application for a permit shall include the following:

(1)

A plan for the general layout of the park containing the information required in this subsection:

a.

The area to be used for the park showing property lines and adjacent zoning and land use.

b.

Driveways, entrances, exits, roadways and walkways.

c.

The location of manufactured home or trailer spaces and buildings.

d.

The location and quantity of proposed sanitary conveniences, including proposed toilets, washrooms, laundries, recreation and utility areas and utility rooms.

e.

The method and plan of sewage disposal.

f.

The location and quantity of refuse receptacles.

g.

The plan for water supply.

h.

The plan for electric lighting.

(2)

Plans and specifications for any building to be constructed on the site.

(3)

Such further information as may be required by the planner or county health department to enable them to determine if the proposed park will comply with the provisions of this chapter and other applicable laws.

(Code 1990, § 20-503; Ord. of 8-18-1986, § 5.16(A)(2); Ord. No. 89-11, 4-17-1989; Ord. No. 21-03, Att., 4-6-2021)

In every park and related permanent building, all installations of plumbing and electrical wiring, and all gas and oil appliances shall comply with the provisions of the building, plumbing and electrical, heating and gas ordinances and codes and any other applicable regulations of the town. In addition, the following requirements must be met:

(1)

Each manufactured home space shall be provided with plumbing and electrical connections.

(2)

A supply of pure running water for domestic purposes, from a source approved by the county health department, shall be provided for every park. The water supply for each manufactured home shall be obtained only from approved connections located on each manufactured home space or inside each manufactured home.

(3)

Every RV park shall provide common sanitary and laundry facilities consisting of at least one flush toilet, one shower and one lavatory for each sex for every 20 RV spaces.

(4)

Every shower and lavatory provided in an RV park shall be equipped with hot and cold running water. The floors of every toilet room and lavatory room required herein shall be constructed of concrete or other nonabsorbent material, and a base of the same material shall extend upward from the floor at least six inches on all walls. All such floors shall slope to a drain properly trapped. Every toilet room, shower room and lavatory room of every RV park shall be kept clean, well-lighted, well-ventilated, screened with a wire mesh, adequately heated at all times, and shall be disinfected periodically, but at least once a day.

(5)

Every park shall be provided with an approved community sewage disposal system constructed in compliance with the regulations of the county board of health. All sewage waters from each park including wastes from toilets, and toilet rooms, showers, lavatories and wash basins and wastes from refrigerator drains, sinks or faucets in manufactured homes or nonmanufactured home spaces shall be piped into the park sewage disposal system. All sewage wastes from every RV equipped with its own toilet facilities shall be piped into the park sewage disposal system.

(6)

All garbage and refuse in every park shall be stored in suitable watertight and flytight receptacles in accordance with the ordinance requirements for businesses.

(Code 1990, § 20-504; Ord. of 8-18-1986, § 5.16(A)(3); Ord. No. 21-03, Att., 4-6-2021; Ord. No. 22-03, 1-10-2022)

It shall be the duty of the operator of the park to keep an accurate register containing a record of all manufactured homes or trailers, owners, and occupants of the park. The register shall contain the following information:

(1)

Name and address of owner and each occupant.

(2)

License number and state of issue of each licensed vehicle.

(3)

Space number in which the manufactured home or trailer is parked.

(4)

Date of entering park.

(5)

Date of leaving park.

(Code 1990, § 20-505; Ord. of 8-18-1986, § 5.16(A)(4); Ord. No. 21-03, Att., 4-6-2021)

The following provisions apply to manufactured home parks:

(1)

Every manufactured home park shall consist of at least four acres in area in single ownership or control. Individual spaces shall not be conveyed.

(2)

The amount of land for each manufactured home space shall be determined by the planner after an investigation of soil conditions, the proposed method of investigation of soil conditions, the proposed method of sewerage disposal, and proposed water system. In no case shall the size of a manufactured home space be less than 5,000 square feet.

(3)

Each manufactured home space shall be at least 40 feet wide and clearly marked. There shall be at least 20 feet of clearance between manufactured homes, including manufactured homes parked end to end. No manufactured home shall be located closer than 15 feet to any building within the park, within 15 feet of any exterior boundary line of the park and no closer than 20 feet to the edge of any interior street.

(4)

All manufactured home spaces shall abut upon an interior drive with a right-of-way of not less than 30 feet in width, which shall have unobstructed access to a public street or highway. It is the intent of this subsection that individual manufactured home spaces shall not have unobstructed access to public streets or highways except through the interior drive. All interior drives shall be graded and paved to provide an all-weather surface not less than 18 feet in width.

(5)

Dead-end drives shall not exceed 1,000 feet in length. Any interior street designed to be permanently closed shall have a turnabout at the closed end with a minimum right-of-way diameter of 80 feet. The entire right-of-way of such turnaround shall be graded and usable for the turning around of motor vehicles.

(6)

Drives shall intersect as nearly as possible at right angles, and no drive shall intersect at less than 75 degrees. Where a drive intersects a public street or highway, the design standards of the state department of transportation shall apply. Street jogs of less than 125 feet shall not be allowed.

(7)

Suitable vehicular access for firefighting equipment, delivery of fuel, removal of refuse, parking and removal of manufactured homes and for other necessary services shall be provided.

(8)

All manufactured home parks shall have one or more recreation areas which shall be easily accessible to all park residents. The size of the recreation areas shall be based upon a minimum of 200 square feet for each manufactured home space within the park. No single outdoor recreation area shall contain less than 2,500 square feet. Recreation areas shall be so located as to be free of traffic hazards and should, where topography permits, be centrally located.

(9)

Parking space sufficient to accommodate at least two automobiles shall be located on each manufactured home space.

(10)

The manufactured home park shall be located on ground that is not susceptible to flooding. The park shall be graded so as to prevent any water from ponding or accumulating on the premises. All ditch banks shall be sloped or seeded to prevent erosion.

(11)

The manufactured home park shall have a visual buffer such as shrubbery or fencing not less than six feet in height between the park and any adjacent residential uses other than manufactured homes.

(12)

The area of the manufactured home stand shall be improved to provide adequate foundation for the placement of the manufactured home as required by the state building code.

(13)

Each manufactured home shall be securely anchored to its foundation in accordance with the state building code standards for hurricane areas.

(14)

Each manufactured home space shall be equipped with plumbing and electrical connections and shall be provided with electrical current in sufficient amount to safely meet the maximum anticipated requirements of a manufactured home.

(15)

Trailers shall not be permitted to be occupied in a manufactured home park.

(16)

Each manufactured home space shall be provided with and shall be connected to sanitary sewerage and water supply systems as approved by the county health department. Electrical connections and wiring shall be in accordance with the state electrical code.

(17)

All structural additions to manufactured homes other than those which are built into the unit and designed to fold out or extend from it shall be erected only after a building permit shall have been obtained, and such additions shall conform to the building code of the town, where applicable, or shall meet the standards of special regulations adopted with respect to such additions. The building permit shall specify whether such structural additions may remain permanently, must be removed when the manufactured home is removed, or must be removed within a specified length of time after the manufactured home is removed. Structural alterations existing on August 18, 1981, shall be removed within 30 days after the manufactured home which they serve is moved unless attached to another manufactured home on the same site within that period.

(18)

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

(19)

Manufactured home parks existing on August 18, 1981, which provide manufactured home spaces having a width of area less than that herein described may continue to operate with spaces of existing width or area, provided they meet the standards of the county health department. In no event shall any nonconforming park be allowed to expand unless such expansion shall meet the requirements of this chapter.

(Code 1990, § 20-506; Ord. of 8-18-1986, § 5.16(B); Ord. No. 89-11, 4-17-1989; Ord. No. 07-11, § 20-506, 5-7-2007; Ord. No. 21-03, Att., 4-6-2021)

The following provisions apply to RV parks:

(1)

Every park shall contain a minimum of ten spaces. Each RV space shall be clearly marked and shall contain a minimum of 1,500 square feet.

(2)

There shall be at least 15 feet of clearance between RV's when located on the RV space. No RV shall be located closer than 15 feet to any building within the park or within 15 feet of any exterior boundary line of the park or within ten feet of any interior drive.

(3)

Parking spaces sufficient to accommodate at least one motor vehicle and RV shall be constructed within each space. No more than one RV may be parked on any space.

(4)

All spaces shall be graded to prevent any water from ponding or accumulating within the park. Each space shall be properly graded to obtain a reasonably flat site and to provide adequate drainage away from the space.

(5)

All RV spaces shall abut upon an interior drive of no less than 20 feet in width for two-way traffic, or 12 feet in width for one-way traffic, which shall have unobstructed access to a public street or highway. It is the intent of this subsection that individual RV spaces shall not have unobstructed access to public streets or highways, except through said interior drive. All interior drives shall be graded and paved or improved with eight inches of ABC or STBC type 3 base course materials. Recycled asphalt or asphalt millings may be used.

(6)

The park shall be developed with proper drainage ditches. All banks shall be sloped and seeded to prevent erosion.

(7)

Culs-de-sac or dead-end roads shall not exceed 1,000 feet in length, measured from the entrance to the center of the turnaround. Any road designed to be permanently closed shall have a turnaround at the closed end with a minimum right-of-way diameter of 80 feet.

(8)

When the park has more than one direct access to a public road, the access drives shall not be less than 300 feet apart nor closer than 300 feet to a public road intersection.

(9)

Each park shall have a central structure or structures that will provide separate toilet facilities for each sex, in accordance with section 42-619. This structure may also contain coin-operated machines for the park residents' use only, provided there is no exterior advertising. Vending machines also may be permitted in a sheltered area.

(10)

No swimming pool or bathing area shall be installed, altered, improved, or used without compliance with applicable regulations and the approval of the county health department. Each swimming pool shall be fenced to prevent unauthorized use.

(11)

Signs for identification of parks shall comply with the provisions of this chapter.

(12)

Each park shall provide recreation areas to serve the needs of the anticipated users. The park owner is responsible for the development and maintenance of the recreation areas.

(13)

It shall be unlawful to park or store a mobile home in a RV park. However, one mobile home may be allowed within a RV park to be used as an office or residence of persons responsible for the operation and maintenance of the RV park, provided that it is located in accordance with the standards of section 42-621.

(14)

Sewage dumping stations shall be approved by the county health department. Each RV park shall provide at least one sewage dumping station.

(15)

The maximum allowable lot coverage in an RV park shall be 60 percent.

(16)

Ownership of camping spaces shall be retained by the property owner. Camping spaces shall not be individually conveyed or sold in fee simple title, as condominiums, fractural ownership or interval ownership. Camping units shall be used as temporary quarters or shelter during periods of recreation, vacation, leisure time or travel and shall not be used for permanent living quarters.

(Code 1990, § 20-507; Ord. of 8-18-1986, § 5.16(C); Ord. No. 90-5, § 6(r), 4-23-1990; Ord. No. 21-03, Att., 4-6-2021; Ord. No. 22-03, 1-10-2022)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:Fence is as conventionally known except that the outside surface of the fence facing the adjacent property shall be the finished surface. The fence finish shall be coordinated with the finishes of other construction facilities on the site. For the purposes of this division, fence does not include chainlink fences with opaque inserts.

Height is measured from the proposed average ground surface elevation immediately adjacent to the buffer.

Opaque excludes all visual contact screened by the buffer between the commercial site interior to the buffer and the abutting lands except that the lowest one foot of height may allow visual contact. The opaque portion of a buffer shall be opaque year-around.

Redevelopment includes any change of use or site plan amendment requiring approval by the town.

Soil berm is constructed of clean, suitable native or borrow soil material. The finish slopes shall not exceed a 1:2 ratio (rise:run).

(Code 1990, § 20-510(a); Ord. No. 95-18, 9-5-1995)

Unless specified otherwise in the various district regulations, buffers within the commercial zone shall be required between all uses in commercial zones and abutting residential zones, except that buffers shall not be required between residential uses in a commercial zone and abutting residential uses or zones. Buffer shall not interfere with access and use of public utilities facilities.

(Code 1990, § 20-510(b); Ord. No. 95-18, 9-5-1995)

(a)

The buffers required by this division shall conform to type A or type B buffers, except where type C buffers are specifically allowed (see section 42-654), and shall be located within, and along the outer perimeter of the commercial site.

(b)

Type C buffers are allowed along site perimeters abutting public or private rights-of-way, except rights-of-way along the rear lot line of the commercial site.

(Code 1990, § 20-510(c); Ord. No. 95-18, 9-5-1995)

Buffer details including vegetation type and size, and fence details shall be submitted for planning board review and for approval by the town council. Plants shall be selected for their hardiness, growth potential and suitability to the particular site. Plants should be indigenous or drought and salt tolerant.

(Code 1990, § 20-510(d); Ord. No. 95-18, 9-5-1995)

Aboveground structures accessory to the principal use of the site, including, but not limited to, dumpsters, dumpster screens, sheds, parking and driveways, shall not be located in the buffer, except that access driveways may transverse the buffers where such driveways have been reviewed by the planning board and approved by the town council.

(Code 1990, § 20-510(e); Ord. No. 95-18, 9-5-1995)

Sites undergoing redevelopment shall be required to comply with this division.

(Code 1990, § 20-510(f); Ord. No. 95-18, 9-5-1995)

(a)

Type A. A type A buffer is an opaque vegetative buffer of a minimum width of ten feet that will reach a height of six feet in three years. The buffer may include a stabilized soil berm as part or all of the required height.

(b)

Type B. A type B buffer is an opaque buffer consisting of a fence screened on the outside by vegetation. The top of the fence shall have a height of not less than six feet. The buffer minimum width shall be ten feet. The buffer may include a stabilized soil berm as part or all of the required height. The screening vegetation shall be a minimum of 50 percent opaque and shall reach a height of six feet in three years.

(c)

Type C. A type C buffer is a 50 percent opaque vegetative screening buffer of a minimum width of five feet that will reach a height of three feet in two years. The buffer may include a stabilized soil berm as part or all of the required height. The buffer shall include local evergreen trees planted not more than 20 feet on centers and which shall reach a height of six feet in three years. A list of acceptable plant species for each buffer type shall be established and maintained by the town planning department.

(Code 1990, § 20-510(g); Ord. No. 95-18, 9-5-1995)

Buffers shall be maintained to meet the criteria of this division. Maintenance of buffers is a continuing condition of site plan approval and a condition of compliance therewith and occupancy thereof, and failure to maintain the buffers shall constitute grounds for revocation of any occupancy permit. Buffer design and construction shall include the appropriate features necessary to maintain the buffer, including, but not limited to, access and irrigation.

(Code 1990, § 20-510(h); Ord. No. 95-18, 9-5-1995)

(a)

If the property owner, his agent, or a site plan applicant for the owner's property has commenced required land preparation activities, or has implemented an approved sedimentation and erosion control plan, or has planted ground cover or vegetation within a street right-of-way or within an area designated as a buffer or setback, open space, green area or common area on the site plan, map or project plan being reviewed by the town (hereinafter, all said activities being referred to collectively and singularly as land preparation activities) which have not been completed, or the planted vegetation established, or the adequacy of the land preparation activities ascertained by the town at the time the owner, agent, or site plan applicant requests final review of the material submitted for approval by the town, then the town may proceed with review and approval of the final plans, map, site plan, or permit provided the completion and sufficiency of the uncompleted land preparation activities has been secured as hereinafter provided.

(b)

The property owner, agent, or site plan applicant shall furnish the town with an original valid contract between the property owner, agent, or site plan applicant and a person or entity (hereinafter contractor) approved by the town for the cost of the work and material necessary to complete the land preparation activities including the reexecution of any work deemed unsatisfactory by the town and additional material. The price shall be a sum fixed for a term of one year. The town shall be designated as a third party beneficiary of the contract with the right, but not the obligation, to enforce the contract should either the property owner, agent, or site plan applicant fail to complete the land preparation activities during the contract term or the town determines that the land preparation activities are inadequate to accomplish the purpose intended, then the town may require the property owner, agent, or site plan applicant to reexecute the plan or implement modifications to the plan which are reasonably necessary to complete the required land preparation activities.

(c)

In addition, the property owner, agent, or site plan applicant shall execute and deliver to the town a certified or cashier's check payable to the town (or other instrument or bond approved by the town and acceptable to the town), with the amount thereof equal to twice the amount of the contract furnished the town for the land preparation activities or such other sum as the property owner, agent, or site plan applicant and the town mutually agree is adequate for completion of the land preparation activity. The bond shall be secured by a deed of trust creating a first lien encumbering the property which is the subject of the town review. If the property owner, agent, or site plan applicant fails or refuses to complete the plan in accordance with this chapter, the contract and the approval of the town, then the town shall notify the property owner, agent, or site plan applicant in writing of the deficiencies and specify the corrective measures necessary to complete the land preparation activities. The failure of the property owner, agent, or site plan applicant to implement and complete the corrective measures within 30 days of notification by the town shall constitute a default under the deed of trust and the bond or other instrument secured by the deed of trust and the town may foreclose its lien as by law provided. After applying the proceeds of sale to the cost of sale, including trustee's fees and attorney's fees, the town may pay the contract amount (or such lesser sum necessary to correct the deficiencies if all the work and material of the contract are not required) to the contractor in order to complete the land preparation activity. After completion of the land preparation activity, by the property owner, agent, or site plan applicant or the town, the balance of the foreclosure sale proceeds remaining with the trustee shall be disbursed to the grantor of the deed of trust or such other person designated in writing by the grantor thereof.

(d)

The form and content of the bond or agreement evidencing the obligation to be performed, the deed of trust and the contract must be approved by the town, which approval may be denied for any reason in the town's sole discretion. The town may select and obtain from a licensed state attorney an opinion verifying the first lien status of the deed of trust. The attorney's fees and cost for the title examination and report shall be paid by the property owner, agent, or site plan applicant to the town prior to final plat approval.

(e)

In lieu of the bond or agreement evidencing the obligation to be performed and secured by the deed of trust as provided in subsection (c) in this section, the owner may deposit cash in the amount equal to twice the contract amount with the town to be held in escrow for the purposes set forth in subsection (c) in this section. If the contractor fails and refuses to perform the contract and the property owner, agent, or site plan applicant fails to enforce the contract, then the town may use any remedies, whether in law or equity, to enforce the contract. All costs, fees and expenses incurred by the town enforcing said contract shall be paid by the property owner, agent, or site plan applicant to the town and the payment thereof shall be secured by the deed of trust. Said cost, fees and expenses shall be paid to the town from the proceeds derived from the foreclosure sale of the lien of the deed of trust in addition to the sums paid by the town to complete the land preparation activities.

(Code 1990, § 20-510(i); Ord. No. 95-18, 9-5-1995)