Any building or other structure requiring a building permit shall not be permitted in the setback area with the exception of the following items:

1. Fence.
2. Beach walkovers that are at least ten (10) feet to the rear of the building, and meet the 1996 Hurricane Replacement Standards.
3. Ground level walkways.
4. Ground level aprons for pools.
5. Disability ramps for individuals with verifiable disabilities provided that: i) a plan showing the design of the disability ramp is submitted to and approved by the Building Inspector prior to the construction thereof; ii) the ramp is removed by the property owner when providing access for a disability is no longer needed or in the event the property is sold and iii) said approval and removal obligation is set forth in a written agreement entered into between the Town and the property owner at the time the plan is approved.
6. Whole House Generators, HVAC Units, and Propane Tanks no taller than 6’ within five feet of structure served when in the required 10’ side yard of a corner lot.
   
   
   

(Ord. of 2-20-18)

Except as otherwise provided for herein, no building, building repairs remodeling, installation, driveway, parking lot, or other structures, other ground-covering impervious surfaces, or demolition thereof shall be commenced within the town's jurisdictional limits until a permit has been obtained from the building inspector.

No permit shall be issued if the total square footage of the buildings, other structures, and impervious ground-covering surface will exceed sixty-five (65) percent of the lot; excepting therefrom, those structures located in the B-1 district and the established fire district of the town. Any type driveway or impervious surface across the town right-of-way shall be limited to 49% of lot width not inclusive of 18 inch flares on each side.

Impervious surface coverage in the side yard/setback area of residential lots shall be limited to fifteen (15) percent of the yard/setback.

Driveways located in the front yard/setback of residential lots shall be limited to 72% of lot width. Driveways and parking areas constructed of drip-through wooden, gravel, turf blocks, slate, pavers or other permeable materials are permissible but may not exceed coverage or widths allowed regardless of permeability.

(Ord. of 2-16-10; Ord. of 9-18-12; Ord. of 2-20-18)

Every building hereafter erected, moved or structurally altered shall be located on a lot and in no case shall there be more than one (1) principal residential building and the customary accessory buildings on the lot.

1. A corner lot is a lot which occupies the interior angle at the intersection of two (2) street lines which make an angle of more than forty-five (45) degrees and less than one hundred thirty-five (135) degrees with each other. The street line forming the least frontage shall be deemed the front of the lot except where the two (2) street lines are equal, in which case the owner shall be required to specify same when requesting a building permit.
2. For side yards on corner lots where there is a residential use, the minimum width of the side yard along an intersecting street shall be at least ten (10) feet which will apply in all zones within the Town of Kure Beach, except in cases of reverse corner lots which face an intersecting street the side yard on the street side of such reversed corner lots shall have a width of not less than fifty (50) percent of the front yard depth required on lots in the rear of such reversed corner lot.

Accessory buildings shall be in the rear yard and shall not exceed one (1) story with a height limit of fifteen (15) feet. Accessory buildings shall meet the setback requirements of a residence, and shall be erected, reconstructed or structurally altered in accordance with the building code.

Architectural features such as fire escapes, fireplaces, cornices, eaves, steps, gutters, buttresses, open or enclosed fire escapes, outside stairways, balconies, and similar features, but not carports or porches, may project not more than eighteen (18) inches into any required yard. On corner lots, architectural features may extend twenty-four (24) inches into the ten (10) foot side setback.

(Ord. of 7-7-15)

No trailer, house trailer, or camper as defined in KBC 15.02.010, shall be parked within the corporate limits of the town or its extraterritorial jurisdiction and used for any purpose unless otherwise specified in the permitted uses in the zoning ordinances. Such ordinances are not intended to prevent location of trailers in a designated trailer park as defined in KBC 15.02.010.

The minimum building site area shall be one (1) lot or parcel of land having five thousand (5,000) square feet in area for a single and/or two (2) family residential unit. For family units in excess of two (2) family units, two thousand five hundred (2,500) square feet shall be required for each residential unit.

(Ord. of 10-16-07(2), § 3)

No building shall be erected, reconstructed, or structurally altered to exceed the height limit of thirty-five (35) feet herein established for the district in which such building is located (see KBC 15.02.010, building height).

1. On all new construction or renovations, the height of a building may be measured from top of the slab at the front entry of the structure.
2. Chimneys, cooling towers, elevators, bulkheads, scenery, lofts, monuments, domes, spires, parapet walls, and masonry mechanical appurtenances may be erected,in accordance with applicable code provisions.
   

1. The exceptions to the thirty-five-foot height limit of structures allowed by the state law applies to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy; therefore, any person desiring to construct such an exception must first apply for the permission to construct such exception before the Technical Review Committee ("TRC").
2. The TRC shall consist of the members of the Planning and Zoning Commission of the Town and shall review height exceptions wherein the applicant is required to show that the exception is architecturally and economically necessary, consistent with the current zoning district regulations, and harmonious with the neighborhood within which the exception is proposed.
3. It is required to resubmit application for approval if applicant changes approved plan or materials/product substitutions are made. Regular application fees apply.
4. The following shall be guidelines for the TRC when considering exceptions in commercially zoned districts:
   1. Chimneys must meet state and local building codes and remain ventless where applicable.
   2. Electronic communication antennas must meet any provisions regulating such installations.
   3. Parapet firewalls must meet state and local building codes as determined by building use.
   4. Architectural details and screening may exceed the height limit by not more than seven (7) percent of the building height.
   5. Ventilation hoods, HVAC equipment and any mechanical appurtenance required for building operation shall be considered by the TRC. Manufacturer's standards apply. Substitutions or changes will require second review of the TRC.
   6. Elevator bulkheads and roof access stairways shall be considered by the TRC. Minimum manufacturer's height standards for maintenance access shall apply.
   7. No appurtenance shall be considered if the area allowed is used for human occupancy.
   8. Belfries are bell towers attached to commercial buildings and shall not exceed seven (7) percent of the building height. These items are for architectural aesthetics only (example: clock tower).
   9. Spires are steeply pointed terminations to a tower, a roof or a church steeple. Spires shall not exceed seven (7) percent of the building height.
   10. Cupolas are ornamental structures located on top of a larger roof used to admit light or provide ventilation. Cupolas may be constructed on commercial buildings. They should not exceed one hundred fifty (150) square feet and shall not exceed seven (7) percent of the building height.
5. The following shall be guidelines for the TRC when considering exceptions in residentially zoned districts:
   1. Chimneys must meet state and local building codes and remain ventless where applicable.
   2. Electronic communication antennas must meet any provisions regulating such installations.
   3. Ventilators required for building operation shall be considered by the TRC. Manufacturer's standards apply. Substitutions or changes will require second review of the TRC.
   4. No appurtenance shall be considered if the area allowed is used for human occupancy.
   5. Belfries are bell towers attached to buildings and shall not exceed proposed building height. These items are for architectural aesthetics only and usually reserved for commercial use.
   6. Spires are steeply pointed terminations to a tower or roof and are usually reserved for churches.
   7. Cupolas are ornamental structures located on top of a larger roof used to admit light or provide ventilation. Cupolas may be constructed and should not exceed one hundred (100) square feet and (3) percent of the building height.
   8. Any appurtenance not listed in the residential section of this ordinance shall not be considered by the TRC for approval.
6. Information required, fee, meetings, and appeal process are as follows:
   
   Application Information
   
   Application fee: Two hundred fifty dollars ($250.00).
   
   Application, plans and number of copies: Provide two (2) completed applications with original signatures. Provide seven (7) copies of the completed application packet, for the TRC and staff, which include final site plans, final elevations, final drawings, surveys, support letters and other supporting documents. Acceptable plans are prepared by licensed design professionals.
   
   Public notice: The town will prepare appropriate legal notices announcing the exception request and an announcement of the scheduled TRC meeting.
   
   Submittal of application: Application packets must be submitted for review and approved as complete by the Building Inspector, 117 Settlers Lane, Kure Beach, NC 28449, twenty (20) days prior to the first Wednesday of the month.
   
   Meeting schedule: Applicants will be notified of the TRC meeting wherein the application will be considered and acted on. The TRC shall render its decision on the application during the open session of the meeting in which they hear the application.
   
   Appeal process: TRC's decisions on height exception applications shall be made in writing, submitted to the Town Clerk within 30 days after the date of the meeting wherein TRC rendered it’s decision, and shall be heard and decided upon by Town Council in open session at Council’s next regular meeting after the date the appeal was submitted to the Town Clerk.
   

Applications for Height Exceptions shall be modeled as follows:

Town of Kure Beach Height Exception Application Commercial and Residential Zoned Districts

Submittal Date: ________

Commercial ___ Residential ___







.

Property Owner(s)

Name:

Address:

Phone Number:

Applicant

Name:

Address:

Phone Number:

Type of Exception Requested:

Signature of Applicant:

Signature of Property Owner:

FOR OFFICIAL USE ONLY

Accepted for ReviewDate ________
Building Code Enforcement Officer
Fees Paid______________________

TRC Status/ActionDate ________
Conditions of Approval

Appeal Status/ActionDate ________
Conditions of Appeal

General Information

Project Name:

Project Location:

Property Identification Number (PIN):

Existing Zoning:

Existing Use of Property:

Proposed Use of Property:

Total Site Area (Square Footage or Acres):

Total Square Footage of Building:

Number of Buildings:

Number of Rooms:

Number of Seats (restaurants):

A height exception is requested relative to KBC 15.36.150. Define the height exception.

All plans must be approved by the building code enforcement officer prior to issuance of building permit.

Justification Statement

1. Explain how the height exception is architecturally and economically necessary to your building or building plan.
2. How is this height exception consistent with the Town's Zoning Ordinance?
3. How is this height exception harmonious with the neighborhood within which it is proposed?
4. Explain how the height exception will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare.
5. Explain how sufficient evidence has been presented to justify the need for a height exception.

(Ord. of 10-21-08(2); Ord. of 6-16-09)

There shall be provided, at the time of the erection of any building, or at the time any principal building is enlarged, altered to accommodate increased capacity, or increased in capacity by adding dwelling units, guest rooms, seats, or floor area, or before conversion from one (1) type of use or occupancy to another, permanent off-street parking space in the amount specified by this chapter must come into full compliance with parking. Any existing parking spaces from existing buildings up to the amount required for the existing building by this section may not be used to satisfy the total required for the new expansion.

(Ord. of 4-19-06; Ord. of 3-18-08(3))

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

The required parking space for any number of separate uses may be combined in one (1) lot but the required spaces assigned to one (1) use may not be assigned to another use, unless authorized by a special use permit issued in accordance with the following criteria:

1. Up to fifty (50) percent of the parking spaces may be used jointly with other uses not normally open, used or operated during similar hours.
2. The resulting number of required parking spaces and hourly parking demands shall be based upon well recognized sources of parking data such as the Urban Land Institute (ULI) and Institute of Transportation Engineers (ITE).
3. A written agreement defining the joint use acceptable to the town council and approved by the landowners and developers must be provided.
4. Other factors such as seasonal peaks in demand, the site's orientation, and location of access, pedestrian connections, and accessibility to other nearby parking should be considered.

(Ord. of 3-18-08(6))

Where parking lots for more than five (5) cars are permitted or required in residential districts, the following provisions shall be complied with:

1. The lot may be used only for parking and not for any type of sales, repair work, dismantling or servicing;
2. All entrances, exits, barricades at sidewalks, and drainage plans shall be approved by the town council in accordance with the town codes and constructed before occupancy;
3. Only one (1) entrance and exit sign, not larger than two (2) square feet un-illuminated prescribing parking regulations may be erected at each entrance or exit. No other signs shall be permitted.

One (1) parking space with a width of twelve (12) feet, five (5) inches and a length of twenty (20) feet will be provided for the handicapped in parking lots of businesses and multiple dwelling units. One (1) additional handicapped parking space shall be provided for each additional fifty (50) parking spaces. Handicapped parking spaces will be placed as close to the main entrance as possible and shall be clearly designated by a handicap sign.

The number of off-street parking spaces required by this section shall be provided on the same or contiguous lot with the principal use of this section and the required number of off-street parking spaces specified for each use shall be considered as the absolute minimum. In addition a developer shall evaluate his own needs to determine if they are greater than the minimum specified by this chapter. For purpose of this chapter an off-street parking space shall be no less than nine (9) feet in width and twenty (20) feet in length in an area within a minimum ten (10) feet ingress and egress provided for the off-street parking area.

(18) Any item not listed in above categories shall derive its parking requirements from the occupancy capacity of the building as determined by either the state or municipal fire code, whichever is applied to the rating building capacity. One (1) parking space per four (4) persons and an additional parking space for any fraction over shall be required. The capacity for the building shall be posted in plain view in the main entrance. The fire marshal shall determine the occupancy capacity.

(Ord. of 5-18-04; Ord. of 10-16-07(2), §§ 1, 2; Ord. of 4-16-13)

If the number of required off-street parking spaces cannot be provided on the same or contiguous lot with the principle use, additional spaces may be authorized by a special use permit for an off-site parking facility. Such application for a site development plan shall be submitted with the following information and in accordance with these standards:

1. No off-site parking space shall be located more than seven hundred fifty (750) feet from the main entrance to the principle use (measured along public walkways).
2. The parking area shall be held in fee simple by the owner of the use served, or in another manner that binds the parking facilities to the use for which the parking facilities are accessory.
3. A layout drawn to scale of traffic aisles and driveways, entrances, exits and turn-off lanes, parking spaces, setbacks, drainage facilities and landscaping.
4. The type of lighting and pavement proposed.
5. Buffering and setback requirements of the respective zoning district.
6. Compliance with other parking requirements of this ordinance or other more restrictive conditions imposed by the Special Use Permit to protect residential districts and maintain at a minimum the disturbance to nearby residential uses.

(Ord. of 3-18-08(7))

1. Purpose. The purpose of this section is to provide standards for the use of solar energy equipment as accessory uses within the Town of Kure Beach. This section seeks to protect properties from incompatible uses and to conserve and enhance property values, while promoting the use of alternative energy sources, where appropriate. This section provides a process to facilitate the use of solar power in a manner that minimizes visual impacts of solar energy equipment and the potential for nuisance.
2. Definition. "Solar energy equipment" is defined as a solar photovoltaic panel, solar hot air or hot water panel collector device, or other type of energy system which relies upon solar radiation as a source for the generation of electricity or transfer of stored heat which is located on the power beneficiary's premises; is designed and intended primarily to offset up to one hundred fifty (150) percent of the beneficiary's requirements for energy consumption on-site as documented through the submission of power company electricity usage bills or another form of documentation acceptable to the Town of Kure Beach Zoning Officer; and is secondary to the beneficiary's use of the premises for other lawful purposes. Systems that offset over one hundred fifty (150) percent of the beneficiary's requirements for energy consumption on-site are classified as commercial systems and are prohibited.
3. Accessory use. Solar energy equipment shall be permitted as an accessory use in any zoning district upon receipt of a permit from the building inspector.
4. Exclusions from building permit requirement.
   1. The installation of one (1) solar panel with total area of less than four (4) square feet.
   2. Repair and replacement of existing solar energy equipment, provided that there is no expansion of the size or coverage area of the solar energy equipment.
   3. Nonconforming solar energy equipment installed prior to the adoption of Ord. of 5-15-12 shall be excluded from permit requirement. Solar energy system equipment that replaces fifty (50) percent or more of existing solar energy system equipment installed prior to the adoption of Ord. of 5-15-12 needs to conform to Ord. of 5-15-12.
5. Application for building permit.
   1. An applicant who seeks to install solar energy equipment shall submit an application for a zoning permit, as provided by the Town of Kure Beach. The application shall include photographs of the existing conditions of the property as well as renderings of the proposed solar energy equipment from front street level.
   2. Review of application: Upon receipt of a completed application for the installation of solar energy equipment, the building inspector shall have the authority to impose reasonable conditions to safeguard the public health, safety and welfare.
6. Regulations and requirements.
   1. Solar energy equipment shall be located in the least visibly obtrusive location where panels would be functional;
   2. Solar energy equipment must comply with all setback and height requirements for the zoning district in which the property is located.
7. Roof-mounted systems. All roof-mounted systems must have an engineer's letter outlining suggested attachment. Roof-mounted systems refers to systems mounted on the primary residential or commercial mounted systems.
   1. It is encouraged that roof-mounted solar energy equipment shall be installed in the plane of the roof (flush-mounted) or made a part of the roof design (capping or framing is compatible with the color of the roof or structure). Mounting brackets shall be permitted if the applicant can demonstrate that the existing pitch of the roof would render the solar energy equipment ineffective or would be impossible. A roof-mounted solar energy facility or structure that is to be mounted on a flat roof may be angled to achieve maximum sun exposure but shall not exceed five (5) feet above the roof.
   2. Solar energy equipment shall be located on a rear- or side-facing roof, as seen from the fronting street, unless the applicant can demonstrate that such installation would be ineffective or is impossible.
   3. Solar energy equipment shall not project vertically above twelve (12) inches below the peak of the roof to which it is attached, or project more than five (5) feet above a flat roof.
   4. The solar energy equipment shall not be within twelve (12) inches from the eaves of the roof or within twelve (12) inches from the overhang of the roof.
   5. All exterior electrical and/or plumbing lines must be painted in a color scheme that matches as closely as reasonably possible the color of the structure and the materials adjacent to the lines.
   6. No roof-mounted solar energy equipment shall be installed on a nonconforming structure that would create more nonconformity.
   7. An external disconnect switch shall be provided, and the owner must file a map with the fire and police departments clearly showing where the disconnect switch is located.
   8. At no point shall any solar equipment exceed thirty-five (35) feet in height.
   9. The Town of Kure Beach recognizes that there are continuous improvements in solar equipment technology. Nonreflective solar cells that are completely integrated into normal building material such as roof tiles may be exempt from subparagraphs G,3 and G,4. The building inspector will determine if the proposed system is sufficiently integrated into the building material to qualify for this exemption.
8. Ground-mounted systems.
   1. The ground-mounting of solar energy equipment is not allowed with the following exceptions:
      1. Small, incidental systems used for solar lights and landscaping, not to exceed one (1) square foot per system.
      2. The total combined square footage for ground-mounted solar energy equipment cannot exceed four (4) square feet per property.
      3. Passive heating systems installed horizontally and directly over spas or pools.

(Ord. of 5-15-12)

Wind energy systems are not permitted in any form in any district.

Batteries and accessories used for storing energy may be mounted on the sides and rear of the serviced structure provided that the batteries are not mounted any higher than the manufacturer’s installation directions for minimum distance from the ground and shall not project into the required setback.