In order to achieve the purposes of this chapter as set forth in KBC 15.02.040, the town is hereby divided into the districts listed below:

The boundaries of the districts are shown upon the zoning map incorporated herein by reference. The zoning map and all notations and all amendments thereto, and other information shown thereon is hereby made a part of this chapter as if such information set forth on the map were all fully described and set out herein.

No building or land shall hereafter be used and no building or part shall be erected, moved or altered except in conformity with the regulations specified herein for the district in which it is located except as may be provided in this chapter.

1. Within the districts as indicated on the zoning map, no building or land shall be used and no building shall be erected or altered which is intended or designed to be used in whole or part for any use other than those listed as permitted for that district. A building or the use thereof may be considered changed when its form of occupancy or operation is substantially changed beyond those permitted uses as specified within the designated districts. More than 1 permitted use may be located on a particular site or within a particular building.
2. Special uses, with appropriate conditions, may be permitted in zoning districts where those uses would not otherwise be allowed. The special use permit procedures are set forth in 15.08.080 and except as otherwise provided in subsection C herein, special uses requiring a permit are identified with an "S."
   
3. Uses which are listed shall be liberally interpreted to include non-listed uses which have similar characteristics. A use that is not listed and that does not have characteristics similar to those of a listed use shall be interpreted as a use requiring a special use permit under the provisions of KBC 15.08.080 herein.
4. The Standard Industrial Classification (“SIC”) code references in this chapter are for illustrative purposes only. In the event of a conflict between the chapter’s text and the SIC codes, the chapter’s text shall control.
   

(Ord. of 4-19-11, § 1)

The following uses are prohibited:

Adult establishments as defined in this chapter.

Video gaming machines as defined in this chapter.

The use of containers as buildings.

Habilitation/rehabilitation facility.

Halfway house.

Homeless shelters.

(Ord. of 4-19-11, § 2; Ord. of 5-17-16; Ord. of 12-18-18)

Town buildings and facilities shall be permitted in all zoning districts and shall not be considered to be nonconforming to the area in which they are located. These include, but are not limited to, the town hall, town fire station, town garage, various lift stations, well sites, and water storage tanks. Town fire and emergency buildings and facilities shall not be subject to setback requirements.

(Ord. of 10-16-17)

Public utilities and facilities, necessary to the public health, safety and welfare, shall be permitted in all zoning districts and shall not be considered nonconforming to the area in which they are located, provided they do not present a health hazard or create noise pollution.

The public utilities or facilities shall meet all lot setback requirements and height limitations for the districts within which they are located and such facilities shall be exempt from fence height limitations for the protection of equipment and public safety. Every effort shall be made for the facility to blend in with the district in which they are located and this will be accomplished with fences and/or screening shrubs for small equipment and with the shell of a building for larger equipment.

All public utilities and facilities shall require final approval by Town Council of site plans. The approval of such site plans in no way shall negates any local ordinance or law. t

1. Appeals. – Except as otherwise provided by the Town Code, the Board of Adjustment shall hear and decide appeals from administrative decisions made under the Town’s development regulations including its zoning regulations. The provisions of KBC 12.06.040 and KBC 12.06.050 are applicable to these appeals.
2. Special Use Permits. –
   1. Special uses which may be allowed in certain zoning districts with appropriate conditions and safeguards are identified in the district regulations with an “S.”
   2. Town Council shall hear and decide special use permits in accordance with the provisions of KBC 12.06.050 and may impose reasonable and appropriate conditions and safeguards when granting these permits. Where appropriate, such conditions may include requirements that street and utility rights-of-way be dedicated to the public and that provision be made for recreational space and facilities. Conditions and safeguards imposed under this subsection shall not include requirements for which the Town is not authorized under statute to regulate nor requirements which courts have held to be unenforceable if imposed directly by the Town including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land.
   3. The regulations may provide that defined minor modifications to special use permits which do not involve a change in uses permitted or the density of overall development permitted may be reviewed and approved administratively. Any other modification or revocation of a special use permit shall follow the same process for approval as is applicable to the approval of a special use permit. If multiple parcels of land are subject to a special use permit, the owners of individual parcels may apply for permit modification so long as the modification would not result in other properties failing to meet the terms of the special use permit or regulations. Any modifications approved apply only to those properties whose owners apply for the modification.
   4. Procedures, -
      1. Applications for a special use permit shall only be submitted by the landowner or the landowner’s duly authorized agent.
      2. Town Council shall hear and decide applications for a special use permit following review and comment of the application by the Planning and Zoning Commission. Council is not bound by the recommendations of the Planning and Zoning Commission.
      3. The provisions of KBC 12.06.050 are applicable to Town Council’s hearing and deciding applications for special use permits.
      4. In granting a special use permit, Town Council shall find, on the basis of competent, material, and substantial evidence, that the proposed special use:
         1. Will not materially endanger the public health, safety, or welfare if located where proposed.
         2. Meets all required conditions and specifications under the Town Code.
         3. Will not substantially injure the value of adjoining property (or alternatively, is a public necessity).
         4. If developed and used as proposed, will be harmonious and compatible with the area in which it is proposed to be located and is generally consistent with the Town’s comprehensive plan.
      5. Special use permits shall become null and void after 2 years unless the approved use has commenced and/or a foundation inspection has been approved.
      6. The Planning and Zoning Commission is authorized to approve minor modifications in the plans for an approved special use provided any such changes comply with sub-sub-subsections (1) through( 4) immediately above and the conditions imposed by Council on the special use permit, if any, have been met. For the purposes of this sub-subsection, the following shall not be construed as or deemed to be “minor modifications:”
         1. Changes in the character of the development.
         2. Any increase in intensity of the special use such as in its square footage, number of dwelling units, or site coverage.
         3. Significant changes to traffic circulation and access to streets and roadways.
         4. Any reduction in approved setbacks.
            
            Other modifications to an approved special use permit shall be heard and decided by Town Council as a new application.
            
3. Certificates of Appropriateness. – The Historic Preservation Commission shall hear and decide applications for certificates of appropriateness and appeals from administrative decisions on minor work within the Downtown Preservation Overlay District as set forth in KBC 15.08.120. The provisions of KBC 12.06.050 are applicable to these hearings.
4. Variances. – When unnecessary hardships would result from carrying out the strict letter of a zoning regulation, the Board of Adjustment shall vary any of the provisions of the zoning regulations upon a showing of all the following:
   1. Unnecessary hardship would result from the strict application of the regulation. It is not necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
   2. The hardship results from conditions which are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or to the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.
   3. The hardship did not result from actions taken by the applicant or the property owner provided that, however, the act of purchasing property with knowledge that circumstances exist which may justify the granting of a variance is not a self-created hardship.
   4. The requested variance is consistent with the spirit, purpose, and intent of the zoning regulation, such that public safety is secured and substantial justice is achieved. No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. The provisions of KBC 12.06.050 are applicable in hearing and deciding requests for a variance.

Site plans shall be prepared by qualified professionals based upon current land records information. The plan shall be drawn to an accurate scale and legible sizes as required by each parcel and shall contain the following information:

1. Names of the owner, developer and design professionals;
2. Scale, dimensions, date, north arrow, property boundaries;
3. Location, height, number of stories, floor area, setbacks and proposed uses of all structures;
4. Open space and recreational areas and impervious surface calculations;
5. Buffering and screening areas, fencing, walls and landscaping indicating the type, number and size of all plantings;
6. Vehicular and pedestrian circulation including existing and proposed rights-of-way with cross-sections, design details and dimensions;
7. Location and geometry of all parking, loading, and sanitation pickup;
8. Conceptual grading, site preparation and stormwater management plans;
9. Lighting details including type, location, and radius and intensity in foot-candles;
10. Location, height and dimensions of all signs; and
11. Any additional conditions and requirements that represent greater restrictions on development and use of the site than the underlying zoning district.

(Ord. of 3-18-08(1))

Definition. Overlay zoning districts are established to define certain subareas within which development is subject to restrictions over and above those applicable to the underlying district. Within these overlay districts, any development that occurs must comply not only with the regulations applicable to the underlying district but also with the additional requirements of the overlay district.

(Ord. of 2-18-14; Ord. of 6-20-14)

1. Purpose and intent of the K Avenue Mixed-Use Overlay District ("MUOD").
   1. To provide for development consistent with the Town of Kure Beach Land Use Plan adopted in 2006;
   2. To allow commercial activity along K Avenue to provide a link between the commercial district and a commercial area in the interior of the town that is zoned as neighborhood business and is in close proximity with key buildings such as the Town Hall and fire and police stations;
   3. To allow a mixture of complementary land uses which may include housing, retail, offices, commercial services and civic uses and to create economic and social vitality;
   4. To provide for the development of commercial and mixed-use areas that are safe, comfortable and attractive to pedestrians;
   5. To reinforce streets as public places that encourage pedestrian and bicycle travel.
2. Relationship with underlying district. The MUOD is an overlay mixed use district zone. The land use regulations applicable to the underlying zone remain in full force and effect except where superseded herein. In circumstances where the underlying zone is silent, or where a provision hereof conflicts with the underlying zone, the provision of the overlay ordinance shall be controlling.
3. Geographic boundaries of district. The MUOD shall include and consist of lots the entire length of K Avenue between Third Avenue and Seventh Avenue. A condition of applying for a special use permit under the provisions of the overlay district is that any privately owned parking area intended to serve the subject project shall be subject to the provisions of the permit (whether said parking is located in the MUOD proper or not).
4. Uses allowed in the MUOD (by special use permit only).
   1. Light retail (See retail, miscellaneous, KBC 15.02.010 for definition).
   2. Light food service (primarily counter service); seating for no more than fifteen (15) customers.
   3. Churches and other places of worship, including parish houses and Sunday schools.
   4. Colleges, schools, public libraries, public museums, art galleries, and other public buildings.
   5. Offices of resident members of recognized professions, such as doctors, dentists, engineers, lawyers, architects, where such professions are carried on within the premises.
   6. Customary home occupations.
5. The following requirements and restrictions shall apply to the MUOD.
   1. Residential component. Each special use must contain a residential component in compliance with the NC Building Code and other applicable codes and regulations.
   2. Signs. Signs in the mixed use area should be small, relatively unobtrusive and compatible with the neighborhood. Towards this end, the following shall apply to the MUOD:
      1. All regulations described in KBC 15.40.010 to KBC 15.40.120 apply to the overlay district. In addition, the following regulations apply:
         1. Commercial signs may only be used in conjunction with an actual commercial activity occurring on the premises.
         2. A commercial sign may only be attached to the first floor of the building. Such attachment may either be flush or projecting.
         3. Only one (1) commercial sign is allowed for each building.
         4. Any lighting for the commercial sign must be external. No internally lit signs are allowed in this district. Lighting shall only be allowed during the hours of operation for the business. Lighting for exterior signs must only illuminate the sign, and may not "spill over" to neighboring residences.
         5. The total area of the commercial sign shall not exceed six (6) square feet.
         6. It is encouraged that any commercial sign be attractive, and artistic, such as a carved wooden sign.
         7. As defined in KBC 15.40.050, no exposed neon conduit or tubing, interior or exterior neon window signs, interior or exterior LED signs, or lighting displays inside or outside the building so as to be visible from streets, parking areas or site boundaries are allowed. This includes tube lighting, strong lighting, LED lighting, or typical holiday lighting. Exceptions to this are typical holiday lighting and decorations which contain no commercial message.
         8. Temporary "A" frame signs, or menu boards must be approved by the Town of Kure Beach Planning and Zoning Commission, to ensure that safety will be maintained, and that a reasonable time frame for use is established.
   3. Landscaping and hardscaping. Landscaping or hardscaping of property between the street curb and buildings promotes and enhances a comfortable pedestrian scale and orientation. It encourages pedestrian use of the area. The following design standards shall apply to development in the MUOD:
      1. Landscaping.
         1. All usable open space, such as pedestrian walkways, separations between buildings, yard areas and common recreation areas should be landscaped and provided with an underground irrigation system, or an alternative equivalent system.
         2. Trees and plants indigenous to southeastern North Carolina are recommended.
      2. Walls and fences.
         1. A four-foot high solid wall or fence should be constructed along the property line of any lot where construction of any residential/commercial mixed-use development is adjacent to property zone and /or used for residential purposes.
         2. Chain-link, barbed-wire, razor-wire and spikes are prohibited.
      3. On-site tree preservation.
         1. All species of mature oak trees should be preserved and integrated into the project design unless it is shown to be infeasible. Mature trees are defined as trees having a diameter of thirty (30) inches or greater at a height of four and one-half (4.5) feet above adjacent ground.
         2. Removal of mature trees must be approved by the building inspector, to ensure that the circumstances present at the property warrant removal of the tree(s).
   4. Buffering.
      1. Shielding AC:
         1. In order to keep a harmonious look, HVAC units shall be in the back or side and concealed with landscaping or lattice, unless it can be shown that the same is not feasible. If the same is not feasible, additional screening may be required.
      2. Shielding trash:
         1. Outside trash and garbage receptacles shall be no closer than five (5) feet from adjoining property lines.
         2. There shall be minimum visibility of outside trash and garbage receptacles from the street; all reasonable efforts in this regard shall be made, taking into account the following: (criteria for the type of screening to be used)
            1. The amount and size of receptacles shall be appropriate in light of the occupancy of the building.
            2. If enclosed, screening material should be consistent with the building.
            3. Recycling should be controlled such as minimize spillover.
            4. Dumpsters should be on a concrete pad so they can be washed, and should be screened from neighboring properties.
   5. Lighting.
      1. A detailed lighting plan shall be submitted with preliminary drawings.
      2. Parking lot lights shall be shielded down, with the lights being not more than ten feet high.
      3. Commercial entrance lights shall be shielded down and directed at the entrance to the property.
      4. Flood and security lights shall be shielded and aimed such as to not create glare on adjoining properties.
      5. Accent lighting shall be low voltage and aimed at the objects to be accented only.
      6. All lighting shall be installed and aimed to minimize light trespassing across property lines.
      7. Restrictions:
         1. No lighting shall be aimed toward public streets causing public safety hazards.
         2. No laser lights are allowed.
         3. No search lights for advertising are allowed.
      8. Bare light sources (including, but not limited to, festive light strands, strands, incandescent, fluorescent, high intensity discharge, LED, fiber optics and neon) used to outline property lines, open sales areas, roof lines, doors, windows the edges of walls or any other area of the building or property visible from outside the building are prohibited, except for holiday lighting permitted from Thanksgiving through January 15th of the new year, unless approved as part of a planned lighting program. This section does not apply to:
         1. security lighting with motion detection,
         2. emergency lighting and
         3. residential zones.
6. Application. An applicant for a use permitted in the MUOD must apply for a special use permit from the Town in accordance with the provisions of KBC 15.08.080.
   
   

1. Purpose and Intent of the Downtown Preservation Overlay District (“POD”).
   1. Protecting and preserving, within the designated POD, important elements of the Town’s culture, history, and architecture.
   2. Safeguarding the character and heritage of the POD by preserving the district as a whole and the properties therein which embody those important elements of the Town’s culture, history, and architecture.
   3. Promoting the use and conservation of the POD for the education, pleasure, and enrichment of the residents of the district, the Town, and the State.
   4. Stabilizing and enhancing property values within the POD which will improve the general health, safety, and welfare of the Town’s residents.
2. Establishment of the POD. The POD district is hereby established as a Historic District overlaying the existing B-1 Business District, the extent and boundaries of which are as indicated on the Town’s official zoning map.
   
3. Effect of the POD. These POD regulations apply in combination with the underlying B-1 district regulations and all other applicable provisions of the KBC. In circumstances where the B-1 district regulations are silent or where the POD regulations conflict with the B-1 regulations, then the POD regulations shall be controlling.
4. Allowed Uses. All uses permitted in the B-1 district, whether by right or as a Special Use, shall be permitted in the POD district in accordance with the procedures established for such uses.
5. Design Standards. Buildings and structures within the POD shall comply with the Design Standards for the Kure Beach Downtown Preservation and Historic District (“Design Standards”).
6. Certificates of Appropriateness.
   1. A Certificate of Appropriateness (“COA”) shall be required for any erection, alteration, restoration, relocation, demolition, or destruction of any exterior portion of any building, structure (including masonry walls, fences, light fixtures, steps, pavement, or other appurtenant features), above-ground utility structure, or any type of outdoor advertising sign within the POD.
   2. Where required, a COA shall be granted by the Kure Beach Historic Preservation Commission (“HPC”) prior to the issuance of a building permit and a building permit that is issued thereafter shall be in conformity with said COA.
7. Minor Work Excepted.
   1. Nothing in this section shall be construed to prevent minor work on any exterior feature in the POD district. Examples of minor work are set forth in Sec. 3.2 of the Design Standards.  
   2. Ordinary maintenance, repairs, and other work which does not involve any change to any exterior feature in the POD district are excepted from and are not subject to these regulations. 
   3. Minor work on exterior features within the POD may be administratively approved by the Town’s Building Inspector without a COA hearing before the HPC. The request for administrative approval of minor work shall be made to the Building Inspector in writing, describe the work to be performed, and show that the work complies with these standards. A dated letter approving or denying the request shall be issued by the Building Inspector to the applicant generally within 2 business days after the date on which the Building Inspector received the request.
   4. Appeals of administrative decisions for minor work shall be made in writing to the HPC and delivered to the Commission’s Clerk within 10 days after the date of the Building Inspector’s letter setting forth the administrative decision. The appeal shall be considered and acted upon by the HPC in a special or regular meeting conducted no earlier than 10 days after the date on which the Clerk received the appeal. The Commission's decision on the appeal shall be made in writing and delivered to the appellant, via personal delivery, electronic mail, or certified mail, return receipt requested, within 10days after the date of the hearing during which the appeal was taken.
8. COA Applications. Applications for a COA, and payment of any required fee, shall be made to the Building Inspector on forms available in the Building and Inspections Department, or on the Town Website no later than 30 days before the date of the next regularly scheduled HPC meeting. Each application shall include sketches, drawings, photographs, specifications, descriptions, and/or other material describing the proposed work and how it complies with the Design Standards. Insufficient applications shall not be processed.
9. Staff Review and Report. The Building Inspector shall review each COA application under the Design Standards and the Review Criteria set forth in subsection K herein. For major work applications, the Building Inspector shall appear at the hearing, testify to, and submit a written report on whether the proposed work complies, in his/her opinion, with the Design Standards and Review Criteria. The Building Inspector may determine, based upon review of the application, that the proposed work constitutes minor work and may approve the same in the manner set forth in subsection G above  
10. Procedure.
    1. The provisions of KBC 12.06.050 are applicable to the Historic Preservation Commission hearing and deciding applications for a certificate of appropriateness and appeals of administrative decisions on minor work.
    2. Provided a complete application for a certificate of appropriateness is filed by the appropriate deadline, the Historic Preservation Commission shall consider the application at its next regular meeting following the deadline.
    3. The Commission shall review each application under the Review Criteria set forth in subsection K herein and take action to approve, approve with modifications, or deny the application.
    4. Prior to taking final action on an application, the Historic Preservation Commission shall make written findings of fact based upon the Review Criteria and Design Standards and indicating the extent to which the application is, or is not, compatible with the POD, the Review Criteria, and the Design Standards.
    5. The Commission shall enter into the minutes of its meeting the findings of fact for the action taken.
    6. The Historic Preservation Commission shall deliberate and render its decision in open session during the meeting in which the application was considered heard.
    7. The Commission’s decision shall be set forth in writing, be based on the competent, material, and substantial evidence in the record, reflect the Commission’s determination of contested facts and their application to the Review Criteria and the Design Standards, be approved by majority vote, and signed by the Chair.
11. Review Criteria.
    1. The regulations set forth herein and the Design Standards are intended to, insofar as is reasonable, ensure that the exterior portions of the buildings and structures within the POD shall be harmonious. However, it is not the intent of these regulations or the Design Standards to require the reconstruction or restoration of any buildings or structures, prohibit their demolition or removal, or impose any architectural style.
    2. In determining an application for a certificate of appropriateness, the Historic Preservation Commission shall consider the historic and/or architectural significance of the building or structure under consideration, the exterior form and appearance of the proposed changes thereto, and the effect the proposed changes would have upon the other buildings and structures within the POD.
    3. The Commission shall make no requirement except to prevent work that is incongruent with the POD.
    4. Applicants shall consult the Design Standards which will be utilized in administering these regulations.
    5. The Historic Preservation Commission shall base its decisions on exterior form and appearance, the Design Standards, and the following criteria:
       1. The setbacks, lot coverage, yards, orientation, and positioning of the building or structures.
       2. Materials, surface textures, and patterns.
       3. Architectural details.
       4. Roof shapes, forms, features, and materials.
       5. The proportions, shapes, positions, locations, and patterns of doors and windows.
       6. The general form and proportions of the buildings and structures.
       7. Appurtenant features including, without limitation, walls and fences.
    6. Nothing in the Review Criteria or in the Design Standards shall be interpreted or construed as preventing or restricting the authority to erect buildings to a height of 35 feet above ground level in accordance with N.C. Sess. Law 2006-126.
12. Interior Arrangements Not Considered. -- When determining applications for certificates of appropriateness, the Historic Preservation Commission shall not consider the interior arrangement of the subject buildings or structures.
13. Relocation and Demolition. -- Per N.C.G.S. § 160D-949, applications for a certificate of appropriateness for the relocation, demolition, or destruction of a building or structure within the POD shall not be denied.
14. Certain Changes Not Prohibited. -- Nothing in these POD regulations or the Design Standards shall be construed to prevent the ordinary maintenance or repair of any exterior feature in the POD that does not involve a change in design, material, or appearance thereof nor to prevent the construction, reconstruction, alteration, restoration, relocation, or demolition of any such feature that the Building Inspector shall certify in writing is required for public safety because of an unsafe or dangerous condition. Nothing in these regulations or the Design Standards shall be construed to prevent a property owner from making any use of his property that is not prohibited by any other law.
15. Successive Applications. -- In the event the Historic Preservation Commission denies an application for a certificate of appropriateness, a new application affecting the same property may be submitted if substantial changes are made in the original plans for the proposed work on the building or structure.
16. Appeals. -- The applicant or the property owner if different from the applicant, may appeal the issuance or denial of an application for a certificate of appropriateness to the Board of Adjustment in the nature of certiorari within the times prescribed for appeals of administrative decisions set forth in KBC 12.06.040.C. To the extent applicable, the provisions of G.S. 160D-1402 apply to appeals in the nature of certiorari to the Board of Adjustment.
17. Lapse of Approval. -- All certificates of appropriateness shall expire 1 year from the date of issuance. The Historic Preservation Commission may grant an extension of up to 1 year provided the Commission finds that substantial progress has been made under the certificate or that the recipient encountered unforeseen difficulties which caused the delay.
18. Compliance.
    1. Failure to comply with a certificate of appropriateness shall constitute a violation of KBC Chapter 15 and shall be enforceable as provided for under KBC 15.42.010 Civil Penalty.
    2. The discontinuance of work or the lack of substantial progress under a certificate of appropriateness for a period of 1 year shall be considered as a failure to comply with the certificate and the enforcement of any remedy under Chapter 15 shall not prevent the application of any other remedy or remedies available under the Town's Code or other statutes, ordinances, or rules.