(a)

Intent. This article shall provide supplementary regulations for specific uses, that by their nature, require expanded protections for neighboring properties and the town at large.

(b)

These regulations are set forth so as to:

(1)

Maintain or enhance the public health, safety, and welfare;

(2)

Maintain or enhance the value of adjacent property or be a public necessity;

(3)

Comply with the general intent of the respective zoning district for the physical development of the area; and

(4)

Contribute to the traditional village-like atmosphere of the historic town.

(Ord. of 9-14-2005, § 12.1)

(a)

No adult entertainment or sexually oriented business may be located within 600 feet of Highway 64/264 or Highway 400.

(b)

No adult entertainment or sexually oriented business may be located within 600 feet of a church's property line, a school's property line, or the property line of a residence.

(c)

No adult entertainment or sexually oriented business may be located within 600 feet of an existing sexually oriented business.

(d)

This ordinance excludes the regulation of North Carolina State licensed massage therapy establishments.

(Ord. of 9-14-2005, § 12.2)

(a)

The following definitions apply to this section:

(1)

Pawnbroker. A person engaged in the business of lending money on the security of pledged goods and who may also purchase merchandise from resale from dealers and traders.

(2)

Pawnshop. The location at which, or premises in which, a pawnbroker regularly conducts business.

(b)

No pawnshop may be located within 300 feet of the property line of a church, synagogue, temple, school, or another pawnshop.

(c)

Pawnshops shall be special uses in the B-1, B-2, and B-3, and are prohibited in all other zones.

(Ord. No. 2015-02Z, 3-4-2015; Ord. No. ZTA-21-02, Art. III(Pt. 39), 6-16-2021)

(a)

Auto and boat sales, auto and boat repair, and auto body shop operations shall be setback at least 200 feet along Highway 64/264.

(b)

Auto displays must be at grade.

(Ord. of 9-14-2005, § 12.3)

(a)

Commercial storage of vehicles and boats is prohibited outside of an enclosed structure.

(b)

There shall be no commercial storage of wrecked, abandoned, or junked vehicles, or exterior storage of automobile parts or used inventory, in the B-2, B-3, or B-4 zones.

(c)

Used inventory storage is prohibited outside of an enclosed structure.

(Ord. of 9-14-2005, § 12.4)

Automobile service stations, convenience store with fuel pumps, and retail sale of fuel are allowed provided that:

(1)

No principal or accessory building shall be located within 50 feet of a residential use or district. No equipment or gas pumps shall be within 75 feet of right-of-way.

(2)

Above ground liquid fuel tanks pertaining to automobile uses shall be prohibited.

(3)

There shall be no commercial storage of wrecked, abandoned, or junked vehicles, or exterior storage of automobile parts or used inventory.

(Ord. of 9-14-2005, § 12.5)

(a)

No self-service storage facilities shall be located abutting or within 200 feet on NC 400 or Highway 64/264.

(b)

There shall be a minimum separation of 25 feet between detached buildings.

(c)

No self-service storage facility may be used for the storage of flammable, combustible, toxic, or noxious liquids or materials.

(d)

No outside storage (boats, trailers, trucks, automobiles, equipment, materials, etc.) shall be permitted.

(e)

Restroom facilities shall be provided on site and shall be accessible during operating hours.

(f)

In addition to a business office, an attached security office no greater than 300 square feet in area may be included.

(g)

The complex must be compatible with the architectural style and standards of abutting properties.

(Ord. of 9-14-2005, § 12.6)

(a)

Intent. Manteo, beginning as a community along Dough's Creek, has fostered evolving uses of its waterfront. Fishing and ferry boats have given way to recreational boats. It is the intent of this section to formalize the character and uses of the various marina areas about the town.

(1)

Historic Manteo Waterfront (Head Waters of Dough's Creek to the NC Maritime Museum). This area is comprised of primarily town-owned docks which serve a variety of uses including tour boats, kayak rentals, parasail rides, museum boats, and transient and year-round boats. Mixed use is strongly encouraged in this area. It is important to maintain a stable balance of these uses in order to promote a vibrant, authentic community rather than a carnival atmosphere.

(2)

Shallowbag Bay South (south of the NC Maritime Museum). This area historically has been the site of traditional watermen activities such as crab-shedding, oystering, and wooden boat building. These uses are still encouraged even as the primary use shifts toward private, recreational boating. Further development of this area for commercial charter boats is not allowed.

(3)

Pirate's Cove (both marina and private docks). This area is intended to serve both commercial charter boat operations in the marina slips and private, recreational boats in the canal-side slips.

(b)

Jet Ski rentals are not permitted in any of the town's marinas or waterfronts.

(c)

Regulations. When a marina is part of a proposed development the following must be provided:

(1)

Slips shall be designated on a site plan as recreational or nonrecreational use;

(2)

Boat slips deeded with a residence do not require additional parking and may only be occupied by the resident of the dwelling unit to which it is deeded;

(3)

All docks shall be dedicated recreational, commercial, charter;

(4)

Dock slips within a marina may be private, docks and piers shall be public.

(d)

Boat lifts. Where boat lifts are of a proposed development the following must be provided:

(1)

Boat lifts, and similar devices, are prohibited and may not be attached to waterfront boardwalks adjacent to Shallowbag Bay, which are owned by the Town of Manteo or a dedicated public easement, from the Cora Mae Daniels Basnight Bridge to Marshes Light Marina at bulkhead (point L21) referenced the plat recorded in the Dare County Public Registry at Plat Cabinet G, Slide 340.

(2)

Boats should be removed from boat lifts within 24 hours of expected arrival a named storm.

(3)

Boat lifts shall only be installed to accommodate boats 28 feet or less in length.

(Ord. of 9-14-2005, § 12.8; Ord. No. 2008-2Z, 3-5-2008; Ord. No. 2020-05Z, § III(Pt. I), 7-1-2020; Ord. No. 2020-07Z, § III(Pt. I), 11-18-2020)

(a)

The purpose of this section is to establish general guidelines for the siting of telecommunications tower and antennas. The goals of this section are to:

(1)

Encourage the location of towers in nonresidential/non-historical areas and minimize the total number of towers throughout the community;

(2)

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

(3)

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

(4)

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

(5)

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

(6)

Whenever possible, prioritize space on tower for public purpose use.

(b)

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

(c)

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

(1)

Inventory of existing sites. Each applicant for approval of an antenna and/or a tower shall provide to the town office an inventory of its existing antennas and towers that are within ten miles of the proposed site, including specific information about the location, height and design of each tower or antenna. The applicant should also include potential future tower sites shown in this inventory.

(2)

Evidence that the applicant has investigated the possibilities for locating the proposed facilities on an existing tower, the use of stealth technology or location in another zoning district where the tower would be permitted as an administratively approved use. Such evidence shall consist of:

a.

Copies of letters sent to owners of all existing towers within a five-mile radius of the proposed site, requesting the following information:

1.

Tower height;

2.

Existing and planned tower users;

3.

Whether the existing tower could accommodate the proposed antenna without causing instability or radio frequency interference; and if the proposed antenna cannot be accommodated on the existing tower could be structurally strengthened or whether the antenna's transmitters; and

4.

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

b.

A copy of all responses within 30 days from the mailing date of the letter required by subsection (c)(3) above.

c.

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

d.

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

e.

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

f.

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

g.

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

h.

Documentation provided by the applicant that the proposed tower, antennas and equipment meet FAA aviation and navigation requirements. All proposed improvements shall not restrict or interfere with air traffic or air travel from or to any existing or proposed airport. Any lighting shall not project onto any surrounding residential property.

To the extent required by the FAA, strobes shall be used for nighttime lighting. Whenever strobes are not required by the FAA, flashing beacons are the preferred type of lighting.

i.

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

j.

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

k.

Written indemnification of the town and proof of liability insurance or financial ability to respond to claims up to $100,000.00 in aggregate which may arise from operation of the facility during its life at no cost to the town on a form approved by the town attorney.

l.

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

m.

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

n.

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

o.

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

p.

In addition to the other consideration of this section, the approving body in determining whether a tower is in harmony with the area or the effects and general compatibility of a tower with adjacent properties may consider the aesthetic effects of the tower as well mitigating factors concerning aesthetics and may disapprove the tower on the grounds that such aesthetic effects are unacceptable. Factors relevant to the aesthetic effects are:

1.

The protection of the view in sensitive or particularly scenic areas and areas specifically designated in adopted plans such as unique natural features, scenic roadways, and historic sites;

2.

The concentration of towers in the proposed area; and

3.

Whether the height, design, placement or other characteristics of the proposed tower could be modified to have a less intrusive visual impact.

q.

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

(d)

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

(e)

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

(f)

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

(g)

No outside storage shall be allowed on any telecommunication facility site.

(h)

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

(i)

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

(j)

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

(k)

The proposed tower shall be set back from all publicly owned roads, rights-of-way and property lines a distance equal to the tower height plus ten feet. If visible from any public road or right-of-way, a landscape plan indicating how the applicant proposes to screen any accessory structure or equipment from view.

(l)

Setbacks of the base of the tower from all adjacent property lines shall be one foot for each foot of tower height. To encourage shared use of towers, applications for towers which will be operated with more than one user immediately upon completion may have a ten percent reduction in the required setbacks, but in no case shall the setback be less than those required for the underlying zoning district. Also, to encourage the construction on monopole structures, monopole towers may have a 20 percent reduction in the required setbacks. To encourage location of towers in forested areas with a minimum depth of 65 feet, the tower may have a 20 percent reduction in the required setbacks. In no case shall the setback be less than those required for the underlying zoning district. Said setback reductions shall only be allowed upon a professional engineering certification which states that the structure's construction will cause the tower to crumple inward so that in the event of collapse no damage to structures on adjacent zoning lots will result.

(m)

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

(n)

Notice shall be provided to the planning department when the tower is placed out of service. Towers that are not used for a period of six months or more shall be removed by the owners within 120 days of receipt of notification to that effect. Any tower, antenna, accessory structure or equipment that is not used for communication purposes for more than 120 days shall be considered as abandoned and shall be removed by the owners within 60 days. The building inspector may establish a shorter period of time for removal of a tower that is structurally unsound.

(o)

Standards for location in public trust waters (whether or not desired by the local government).

(Ord. of 9-14-2005, § 12.8)

(a)

Intent. Wind power is a clean, inexhaustible, and reliable source of energy that can help us reduce our dependence on fossil fuels, help to preserve and protect the environment, and help to create new jobs and sustainable forms of development. While the town acknowledges the benefits of installing wind generation facilities, it also acknowledges that this use may not be appropriate on all properties.

All wind generation facilities shall:

(1)

Maintain or enhance the public health, safety and welfare;

(2)

Maintain or enhance the value of adjacent property or be a public necessity; and

(3)

Comply with all other regulations contained in this Code.

(b)

Definitions. The following definitions shall apply to all portions of the Town Code relating to the use or construction of wind generation facilities within the town:

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

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

Public road is a full passage right-of-way.

Wind generation facility is a single system designed to supplement other electricity sources as an accessory use to a structure, wherein the power generated is used primarily for on-site consumption. The facility may consist of a wind turbine, support structure, foundation, battery bank, and transformer. The support structure must be a self-supporting monopole and may be free standing or attached to a structure.

Wind power is the conversion of wind energy into another form of energy.

Wind turbine or windmill is a wind energy conversion system that converts wind energy into electricity.

Wind turbine height is the distance measured from the lowest adjacent grade to the highest point of the structure, including any attachments, such as a turbine rotor, or tip of the turbine blade when it reaches its highest elevation.

(c)

Permit requirements.

(1)

Wind generation facilities shall only be permitted as follows:

a.

Wind generation facility as an accessory use to a structure in the R-2, R-2M, R-5, B-2, B-3 and B-4 zoning districts.

(i)

No more than one free standing wind generation facility as an accessory use to a structure; or

b.

For properties that are divided by a street and are under the same ownership, the wind generation facility shall be located on the same side of the street which the structure receiving power from the wind generation facility is located.

(2)

No wind generation facility shall be constructed unless a permit has been issued to the facility owner that approves construction of the facility under this section.

(3)

Any physical modification to an existing and permitted wind generation facility that materially alters the size and/or type of wind turbine or other equipment shall require an amendment [or] modification per section 3-21. Like-kind replacements shall not require a permit modification.

(d)

Dimensional and design requirements.

(1)

Height requirements.

a.

Wind generation facilities shall observe a maximum height of 45 feet measured from the lowest adjacent grade to the highest point of the facility, including any attachments, such as a turbine rotor, or tip of the turbine blade when it reaches its highest elevation.

(2)

Setback requirements.

a.

The base of all wind generation facilities shall be located at least one foot from the nearest property line for every one foot of proposed height. Relief from this section may be granted if the applicant can secure a permanent easement from the adjoining property owner(s) providing for a fall zone.

(3)

Noise and vibration requirements.

a.

Systems shall not generate any noise that is greater than other common residential ambient noises (such as a HVAC unit).

b.

No vibration shall be detectable at adjacent property lines.

(e)

Installation.

(1)

Free standing wind generation facilities shall be a self-supporting monopole; and installation and design of the wind generation facility shall be site specific and conform to applicable industry standards, including those of the American National Standards Institute.

(2)

All structural, electrical, and mechanical components of the wind generation facility shall conform to relevant and applicable local, state, and national codes including the North Carolina Building Code and National Electric Code.

(3)

All wind generation facilities shall be constructed to withstand sustained winds of at least 130 miles per hour.

(4)

All wind generation facilities shall be equipped with a braking device and power disconnect to keep the rotor stationary while the turbine is being inspected and/or maintained. The braking device shall also be used for winds exceeding optimal speeds as defined by the manufacturer.

(5)

All wind generation facilities shall be constructed according to the local electric service provider's standards for power disconnect and grid connections.

(6)

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

a.

Be finished with a neutral color (not white);

b.

Not be artificially lighted; and

c.

Not display advertising (including flags, streamers or decorative items), except for identification of the turbine manufacturer or facility owner. One identification sign which identifies the turbine manufacturer or facility owner may be attached to the wind generation facility and shall not exceed one square foot in total area at a height not to exceed six feet.

(7)

No small wind generation system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(8)

All utilities required for the installation of a wind generation facility shall meet the requirements of section 20-2 of the Town of Manteo's Zoning Ordinance.

(f)

Application requirements.

(1)

An application shall not be deemed complete until all of the following required items have been submitted:

a.

A narrative describing the proposed wind generation facility, including an overview of the project;

b.

The proposed total rated capacity of the wind generation facility;

c.

Documentation signed and sealed by the manufacturer and a North Carolina registered engineer that the wind generation facility can withstand sustained winds of at least 130 miles per hour;

d.

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

e.

A site plan showing the location of all structures and properties, demonstrating compliance with the applicable setback requirements;

f.

Certification of compliance with applicable local, state, and federal regulations;

g.

Other relevant information as may be reasonably requested by the Town of Manteo to ensure compliance with the requirements of this section;

h.

Signature of the applicant.

(2)

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

(3)

Changes to the approved application that do not materially alter the initial site plan may be approved administratively.

(g)

Validity of permits. A special use permit issued pursuant to this section shall expire if the improvements permitted are not completely constructed within 12 months of the date of the approval of a building permit.

(h)

Removal of defective or abandoned wind generation systems. Any wind generation system that is not functional shall be repaired by the owner or removed. In the event that the town becomes aware of any wind generation system that is not operated for a continuous period of 12 months, the town will notify the landowner by registered mail and provide 45 days for a written response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the town deems the timetable for corrective action as unreasonable, the town shall notify the landowner and such landowner shall remove the turbine with 120 days of receipt of said notice. Wind generation facilities not removed after notice from the town shall be deemed a public nuisance, subject to summary abatement by the town, and shall be a violation of this ordinance subject to all remedies available to the town.

(Ord. No. 2011-03Z, 6-15-2011; Ord. No. 2012-13Z, 1-2-2013; Ord. No. ZTA-21-02, Art. III(Pt. 40), 6-16-2021)

Editor's note— Ord. No. 2012-13Z, adopted Jan. 2, 2013, changed the title of § 12-8.1 from "Wind energy facilities" to "Wind generation facility."

(a)

Whenever an activity (which may or may not be separately listed in the district articles) is conducted in conjunction with another principal use and the former use (i) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or (ii) is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. For example, traditional water related activities, such as crab shredding or traditional wooden boat building, or oystering would be regarded as accessory to such principal uses.

(b)

For purposes of interpreting subsection (a), an accessory use is a use or activity which is clearly incidental to and customarily found in connection with the principal use and located on the same lot with such principal use.

(c)

Internet sweepstakes establishments.

(1)

No Internet Sweepstakes establishment may be located within 600 feet of Highway 64/264 or Highway 400.

(2)

No Internet Sweepstakes establishment may be located within 600 feet of a church's property line, a school's property line, or the property line of a residence.

(3)

No Internet Sweepstakes establishment may be located within 600 feet of an Internet Sweepstakes establishment.

(4)

Hours of operation shall not exceed Monday through Saturday 10:00 a.m. to 10:00 p.m. and Sunday 12:00 p.m. to 6:00 p.m.

(Ord. of 9-14-2005, § 12.9; Ord. No. 2012-10Z, 11-7-2012)

(a)

Before property may be used for any proposed use constituting a substantial change in use of the property the property owner shall apply for and receive the requisite zoning permit or special use permit associated with the proposed use under this zoning ordinance. A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever one or more of the following are met:

(1)

The change involves a change from one principal use category to another.

(2)

The original use is a mixed use, the relative proportion of space devoted to the individual principal uses that comprise the combination use changes to such an extent that the parking requirements for the overall use are altered.

(3)

The original use is a mixed use, and the mixtures of types of individual principal uses that comprise the mixed use changes.

(4)

There is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a mixed use), that business or enterprise moves out and a different type of enterprise moves in (even though the new business or enterprise may be classified under the same principal use or combination use category as the previous type of business).

(5)

The proposed use requires a site plan or will otherwise make changes to the site.

(b)

A mere change in the status of property from unoccupied to occupied or vice-versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied. In the case that the property has remained unoccupied for more than 365 days it shall be required to comply, where practicable, with all provisions of this section (see section 21-7).

(c)

A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

(Ord. of 9-14-2005, § 12.10; Ord. No. 2009-1Z, 1-7-2009; Ord. No. 2024-09ZTA, § Art. III, 12-4-2024)

The planning and zoning board may approve the following temporary uses:

(1)

Temporary real estate sales offices may be permitted in any residential district for on site sales of land or residence located only 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 80 percent of the lots or residences within that subdivision are sold.

(2)

Temporary construction offices may be permitted in any district to provide on site quarters for the management and security of construction projects within the project. Any such temporary use must be terminated no more than 14 days from the date that construction is completed. (Conditions and safeguards may be required by the town commissioners as a provision of approval.)

(3)

A storage trailer used by a contractor for the purpose of storing tools, materials, and equipment may be temporarily located and parked on a lot and property upon which a building is being erected by such contractor, but such trailer or mobile office shall be removed thereafter immediately upon completion.

(4)

A travel trailer, motor home, or camping trailer may be stored, provided no more than one travel trailer, motor home, or camping trailer is to be stored per lot. The travel trailer, motor home, or camping trailer to be stored must be the personal property of the person owning or leasing the property on which the storage is to occur. The travel trailer, motor home, or camping trailer to be stored must have a valid North Carolina Division of Motor Vehicles registration. No utilities may be connected to the travel trailer, motor home, or camping trailer at any time during its storage.

(5)

Storage trailers and storage units (portable on demand storage type devices) may be permitted on a residential site for up to six months (and are prohibited in all other districts).

(6)

All other trailers used for storage are prohibited.

(Ord. of 9-14-2005, § 12.16)

(a)

When a combination use comprises two or more principal uses that require different types of permits (zoning and special use), then the permit authorizing the combination use shall be:

(1)

A special use permit if any of the principal uses combined requires a special use permit.

(2)

A zoning permit in all other cases.

(b)

When a combination use consists of a single-family detached residential subdivision and two-family or multi-unit uses, the total density permissible on the entire tract shall be determined by having the developer indicate on the plans the portion of the total lot that will be developed for each purpose and calculating the density for each portion as if it were a separate lot.

(Ord. of 9-14-2005, § 12.17; Ord. No. ZTA-21-02, Art. III(Pt. 41), 6-16-2021)

Whenever a project could fall within more than one use classification, the classification that most closely and most specifically describes the development controls, this determination shall be made by the zoning administrator.

(Ord. of 9-14-2005, § 12.18)