This ordinance shall be known as the Manteo Zoning Ordinance.

(Ord. of 9-14-2005, § 1.1)

(a)

This ordinance is adopted pursuant to the authority contained in Chapter 160D, prior Article 19, Chapter 160A; Article 4, Chapter 113A; and Article 21, Chapter 143 of the North Carolina General Statutes. Under those provisions, the Board of Commissioners of Manteo hereby designates the Manteo Planning and Zoning Board as the planning agency to prepare, amend, supplement, or change a zoning plan showing proposed district boundaries, and to recommend procedures by which the zoning regulations and restrictions and the boundaries of the zoning districts shall be determined, established, and enforced, for final adoption by the Board of Commissioners. In doing so, the character of each district and its peculiar suitability for particular uses should be considered, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the town.

(b)

Whenever any provision of this Code refers to or cites a section of the North Carolina General Statutes, Court Ruling, State or Federal Departmental Rule or Regulation and that section is later amended or superseded, the Code shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(c)

The Planning and Zoning Board shall consist of five members, the chairman being a member of the Planning and Zoning Board and appointed by the Board of Commissioners. The Planning and Zoning Board members shall be residents of the Town of Manteo and shall serve two-year terms. Terms shall be staggered with half the members being appointed or reappointed each year. Should any Planning and Zoning Board member fail to attend two consecutive meetings, whether or not such failure is excused, his or her appointment shall be automatically terminated.

(Ord. of 9-14-2005, § 1.2; Ord. No. ZTA-21-02, Art. III(Pt. 1), 6-16-2021)

(a)

The zoning ordinance is the direct outgrowth of an intensive and comprehensive long-range planning process that began in 1976 with the adoption of the town's first zoning ordinance in 1976, followed in 1982 by the Manteo Guide for Development, together with five-year updates of the Coastal Area Management Act (CAMA) Land Use Plan for Manteo, first adopted in 1982.

(b)

In 2005, a new planning initiative resulted in adoption of the Comprehensive Development Code, comprised of five documents: the 2005 Manteo Plan Update, the 2005 Design Guidelines: The Manteo Way of Building, the CAMA Land Use Plan, the proposed Historic District Ordinance, and a major revision of this document, the 2005 Manteo Zoning Ordinance. These plans have been developed with extensive citizen input solicited through surveys, charrettes, workshops, and public hearings, as well as the involvement of representatives from various community organizations and other governmental jurisdictions serving on task forces and steering committees.

(c)

The Comprehensive Development Code provides a guide for decision-making based upon priorities identified by the community and adopted by the Manteo Board of Commissioners.

(Ord. of 9-14-2005, § 1.3)

(a)

The zoning ordinance is the set of rules that specify how a structure may be used or developed on a property, according to various land classifications or zones. Each zone has its own unique attributes designed to fulfill specific goals and purposes, as expressed by:

(1)

Intent.

(2)

Permitted uses.

(3)

Conditions of use.

(4)

Lot size.

(5)

Density.

(6)

Lot coverage.

(7)

Buildings per lot.

(8)

Setbacks.

(9)

Location of uses.

(10)

Sustainability.

(11)

Filling and excavation of land.

(12)

Building height.

(13)

Building size.

(14)

Building design.

(15)

Parking and loading.

(16)

Screening and landscaping.

(17)

Greenways, streets, and sidewalks.

(18)

Signs.

(19)

Utilities.

(20)

Stormwater management.

(21)

Traffic management.

(22)

Other regulations.

(b)

The zoning ordinance is the legal tool whose purpose is to carry out the intent of these companion planning documents: the Manteo Plan Update, Design Guidelines, CAMA Land Use Plan, and Historic District Ordinance, which together with the zoning ordinance comprise Manteo's Comprehensive Development Code.

(1)

The Manteo Plan Update sets forth the basic vision and goals of the town, along with nine major projects over the next 20 years designed to guide growth and/or redevelopment in ways that will maintain its character as a small island town.

(2)

The design guidelines provide practical guidance regarding the types and styles of buildings that are consistent with the Comprehensive Development Code, so that both new and renovated structures will be compatible with and enhance the sense of community and place.

(3)

The CAMA Land Use Plan, first adopted in 1982, is updated every five years and contains locally developed policies that address growth issues such as the protection of productive resources, desired types of economic development, natural resource protection, and the reduction of storm hazards.

(4)

When adopted, the historic district ordinance, as part of the Comprehensive Development Code, will offer guidelines for preservation of important elements of the town's culture, history, architectural history, or prehistory that possess integrity of design, setting, materials, feeling, and/or association, for the education, pleasure, and enrichment of residents of the town and the state.

(c)

The ordinance codified in this title is adopted for the following purposes:

(1)

Promoting the public health, safety, comfort, convenience, and general welfare;

(2)

Securing adequate light, pure air, and safety from fire and other dangers;

(3)

Conserving the taxable value of land and structures throughout the town;

(4)

Meeting the social, economic, and environmental needs of today without compromising the ability of future generations to meet their own needs to ensure sustainability on the island;

(5)

Dividing the entire town, and lands outside the town limits under a petition for voluntary annexation at a future date, into districts, and restricting and regulating therein the location, construction, reconstruction, alteration, and use of land and structures, whether for residence, community facility, business, industrial, or other specified uses;

(6)

Avoiding or minimizing congestion in the public streets;

(7)

Preventing the overcrowding of land through regulating and limiting the height and bulk of structures hereafter erected;

(8)

Establishing, regulating and limiting the building or setback lines on or along streets, alleys, or property lines;

(9)

Regulating and limiting the intensity of the use of lot areas, and regulating and determining the area of open spaces within and surrounding buildings;

(10)

Establishing standards to which buildings or structures therein shall conform;

(11)

Prohibiting uses, buildings, or structures incompatible with the character of the R-2 medium-density residential, R-5 general residential, B-1 village business, B-2 general business, B-3 entrance zoning districts and/or B-4 westside waterfront district;

(12)

Preventing additions to, and alterations or remodeling of existing buildings or structures in such a manner as to avoid the restrictions and limitations imposed hereunder;

(13)

Providing for the gradual elimination of those uses, buildings, and structures which are incompatible with the character of the districts in which they are located;

(14)

Defining and limiting the powers and duties of the administrative officers and bodies as provided hereinafter;

(15)

Prescribing penalties for the violation of the provisions of this title, or any subsequent amendment hereto.

(d)

The purpose of the Planning and Zoning Board is to:

(1)

Review, approve, and issue permits in accordance with this ordinance;

(2)

Hold public hearings at their discretion;

(3)

Provide advice, recommendations, and information on planning and zoning issues to the Board of Commissioners;

(4)

Conduct studies and determine objectives within its jurisdiction and surrounding areas, and prepare and adopt plans to achieve those objectives;

(5)

Develop and recommend to the Board of Commissioners policies, ordinances, amendments, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner, and corresponding to the goals and objectives of the Comprehensive Development Code.

(6)

Administer and enforce plans as directed by the Board of Commissioners;

(7)

Perform any other related duties as directed by the Board of Commissioners;

(8)

Adopt those rules and regulations needed to govern its procedures and operations, consistent with the provisions of this ordinance; and

(9)

Reserve the power of technical review of all construction in the town requiring a building permit.

(e)

The purpose of the board of adjustment is to: Operate on a quasi-judicial level between the zoning administrator and the courts as an administrative body rendering decisions on applications for variances, acting on appeals from decisions of the zoning administrator, resolving boundary disputes, and acting on any other matters as required by any other ordinance or statute.

(Ord. of 9-14-2005, § 1.4)

(a)

The Manteo Zoning Ordinance is intended to provide a clear framework for the implementation of the strategic goals and vision expressed in the Comprehensive Development Code, so that the Planning and Zoning Board and Board of Commissioners can remain focused on the priorities identified by townspeople.

(b)

As the legal tool whose purpose is to carry out the intent of the Comprehensive Development Code, Land Use Plan, Zoning Ordinances, Manteo Way of Building, the zoning ordinance outlines the specific means by which the Town of Manteo can preserve and prosper as a community:

(1)

Where people choose to live and stay;

(2)

Where citizens feel safe and secure;

(3)

With a wide range of housing choices;

(4)

With ample parks and green space;

(5)

Where businesses choose to locate and expand;

(6)

Where residents can choose to work close to home;

(7)

Where traffic management solutions provide for safe and efficient flow;

(8)

Where leisure, educational, cultural, and shopping choices are available close to home;

(9)

Where resources are available to meet the current and future social, economic, and environmental needs of the town to promote sustainability;

(10)

That is well-served by an effective and efficient town government; that welcomes everyone, values cultural diversity, and provides opportunities and choices to participate fully in community life;

(11)

That in balancing the needs of its year-round citizens and seasonal visitors, consideration is weighted toward permanent residents; and

(12)

Where those qualities, both historic and commonplace, that give the town its special sense of place as an island community are preserved for future generations.

(c)

The intent of the zoning ordinance, in regulating the permitting process as specified in Article III and elsewhere throughout this document, is to:

(1)

Provide for an orderly, timely, and fair review of permits for building, zoning, subdivision, special use, occupancy, access, stormwater, sign, and other such permits required by the town;

(2)

Involve all interested parties, including owners, developers, adjoining property owners, along with town staff, in discussion, planning, and review prior to the commencement of site design in order to provide planning assistance and guidance that will result in a project that can be completed in the most timely and cost-effective manner possible, with the least impact on neighboring properties, and in keeping with the intent of the Comprehensive Development Code; and

(3)

When amending or rescinding a previously issued special use permit, provide for the same public involvement and review as when the permit was first issued, to include planning board approval, a public hearing before the Board of Commissioners, and a five-sixths majority of that board, to ensure that those citizens affected by the change have the opportunity for input.

(d)

The intent of the zoning ordinance, in regulating land uses through zoning, building, density and dimensional regulations as specified in Articles IV through X and elsewhere throughout this document, is to:

(1)

Provide for distinctive neighborhoods, shopping areas, educational uses, open spaces, and visitor attractions while safeguarding the compatibility of adjacent land uses in ways that protect the environment, prevent unnecessary sprawl and overcrowding of land, meet the social, economic, and environmental needs of today without compromising the ability of future generations to meet their own needs to ensure sustainability on the island, maximize public access to the water, and promote the aesthetic appearance and general livability of the town, thereby protecting and enhancing property values;

(2)

Through inclusionary zoning, offer affordable housing interspersed in neighborhoods throughout the town;

(3)

Provide for the construction, renovation, and preservation of residential, commercial, and institutional structures that are safe, compatible, and appropriate to the community, that are in scale with their island setting, and that protect the environment and promote the aesthetic appearance and general livability of the town, thereby protecting and enhancing property values.

(4)

Establish the R-2 medium-density residential district, to encourage the development of permanent housing in moderate-density residential neighborhoods with a mix of housing types, with maximum density not to exceed 7,500 square feet for the first dwelling unit, plus 5,000 square feet for each additional unit for each buildable acre;

(5)

Establish the R-2M medium-density residential district to include mobile and modular homes.

(6)

Establish the R-5 general residential district, to encourage the development of permanent housing in residential neighborhoods where the level of municipal facilities is very high, and with maximum density not to exceed 7,500 square feet for the first unit and 5,000 square feet for each additional unit;

(7)

Establish the B-1 village business district, to encourage traditional downtown uses along the historic waterfront, and as the most urban district in the town, to permit for closely sited buildings with common walls, reduced setbacks, and/or greater lot coverage than other districts because of its historical and incremental development of the town over its 100-year history. Precisely because the buildings are densely clustered, people are able to walk with ease and convenience from business to business without need for cars. The intent of this district, furthermore, is to promote a village atmosphere with heavy pedestrian traffic; and to encourage mixed-use retail/residential buildings with commercial retail uses on the first floor to promote and sustain the critical mass necessary for economic viability, with residential uses on the upper floors to promote and sustain the social vitality of this district. Landscaping, fencing, outdoor furniture, walkways, boardwalks, lighting, and signage shall contribute to the pedestrian scale and village atmosphere of this waterfront district. Preservation of existing structures shall be encouraged in this historic section of the town. Pedestrian, bicycle, and boat traffic is encouraged, as well as other transportation options to reduce vehicular traffic;

(8)

Establish the B-2 general business district, to serve both permanent residents and visitors with a broad range of services and uses, functioning as an "everyday town center," as described in the Manteo Plan Update of 2004. Running down the center of this district is the Roanoke Voyages Corridor, comprising US 64 Business. A tree-lined streetscape with vegetated buffers between residential and commercial uses sets the tone of a busy, yet pleasant experience for people as they walk, drive, or ride bicycles in the district. The limitation of buildings to 20,000 square feet or less shall promote a vital, thriving, and locally based service and retail economy. To enhance the streetscape, buildings rather than parking lots should be placed in proximity to the corridor, in accordance with the Manteo Way of Building. Pedestrian and bicycle travel is encouraged, as well as other transportation options to reduce vehicular traffic. Curb cuts along the corridor shall be kept to a minimum, shared by properties, or eliminated wherever possible, to reduce the number of traffic conflict points. Lighting shall be kept to the lowest possible candlepower to avoid light pollution, while maintaining a pleasant and safe nighttime experience. Where town jurisdiction overlaps with that of the Roanoke Voyages Corridor Committee, site review of landscaping, signs, curb cuts, and utilities shall be coordinated between the two jurisdictions, with the more stringent regulations of the two being applicable. Where differences occur over interpretation of uses and requirements set forth in the zoning regulations, the companion documents in the Comprehensive Development Code shall be used as a guide for resolving conflicting points of view;

(9)

Establish the B-3 entrance district. To create entranceways to the town that offer a village-like atmosphere of welcome with an aesthetic quality appropriate to an island town expressed through use, scale, and architectural detail, hereby protecting and enhancing property values. In functioning as entrances to the town, this district must balance traditional commercial activity with year-round residential uses at a village pedestrian scale that strengthens the environmental, social, and economic fabric of the town; that addresses the need for affordable housing; that prevents suburban sprawl; and that supports sustainable development. The requirements of this district are intended to encourage historic tourism by creating appropriate entrances to the 100-year-old town and in keeping with the historic and cultural significance of Roanoke Island as interpreted to the visiting public at sites such as the town's historic waterfront, Roanoke Island Festival Park, the North Carolina Maritime Museum on Roanoke Island, the North Carolina Aquarium, Fort Raleigh National Historic Site, the Freedmen's Colony Memorial, the Lost Colony, and the Elizabethan Gardens. In functioning as the gateway to the town, this district shall require implementation of traffic-calming techniques and devices, and where possible, the use of shared accesses or accesses to secondary roads rather than or in addition to US 64. To enhance the village atmosphere and to address the need for affordable year-round housing, commercial buildings are encouraged to have dwelling units on the second floor through a bonus density increase from the allowable 55 percent, increased to 70 percent. Commercial uses that do not enhance the intent of this district are prohibited, including but not limited to stock-designed buildings, restaurants with drive-through service, and utility towers. The B-3 district is also appropriate for commercial uses in areas that may be annexed along the western borders of the town;

(10)

Establish the B-4 westside waterfront district. The B-4 westside waterfront district is established to provide for the orderly growth and development of those areas located west of the corporate limits that may request voluntary annexation in accordance with the Westside Plan adopted by the Board of Commissioners in 2005. This zone also requires public access and parks overlooking Croatan Sound. The Westside Plan calls for the extension of Vicar's Lane westerly and northerly to its intersection with Burnside Road. It calls for the extension of Bowsertown Road, Fernando Street, as well as other connectors to existing streets to improve traffic flow. West of Vicar's Lane to the edge of the marsh is intended to be zoned B-4. The B-4 zone provides a public boardwalk and public park with mixed-use residential above commercial, restaurants, and multi-family uses. The B-4 zone has higher density than the adjoining R-2 zone which is on the eastern side of the extension of Vicar's Lane running parallel to the highland that adjoins the marsh. All proposed development in the B-4, Westside Waterfront District shall be consistent with the principles stated in the Town of Manteo Plan Update and the adopted design guidelines entitled Design Guidelines: The Manteo Way of Building, particularly "Downtown Waterfront." Where differences occur over interpretation of uses and requirements set forth in the zoning regulations, the plan shall be used as a guide for resolving the conflicting points of view;

(11)

Establish zoning districts and exercise all the provisions of this ordinance in any areas outside the town limits, where a petition for voluntary annexation has been accepted, and where the limited resources of the town's sewerage treatment capacity are being provided as part of that agreement to be annexed voluntarily into the town when the new zone becomes contiguous to existing boundaries of the town; and

(12)

Establish extraterritorial jurisdiction in a zone extending one mile from the borders of the town and into Dough's Creek, Scarboro Creek, Shallowbag Bay, and Roanoke Sound, and any other waters within one mile of the town, for the health, safety, and welfare of boaters.

(e)

The intent of the zoning ordinance, in regulating use provisions as specified in Article XII and elsewhere throughout this document, is to:

(1)

Provide for uses that, while they may offer services considered necessary or desirable, or that must be permitted by state or federal statutes, nevertheless may be inappropriate in certain locations or incompatible with certain uses;

(2)

Provide for uses traditional to the town's island setting, history, and culture;

(3)

Provide for manufactured homes only in the R-2M zoning district, to increase the availability of affordable housing while remaining sensitive to the vulnerability of this type of housing in a hurricane-prone area;

(4)

Provide for telecommunications towers and antennas to be sited where possible outside of residential or historic districts and where their adverse visual, health, or safety impacts on the community are minimized; in as few locations as possible, with the joint use of tower sites where possible, and with priority given to public purposes; while still providing quick, effective, and efficient telecommunications services to the community;

(5)

Provide for uses such as adult entertainment or sexually oriented businesses and natural gas distribution centers only to the extent and location as required by law and where their operation will have the least adverse impact on the community;

(6)

Provide for self-service storage facilities while minimizing impacts on the health, safety, and welfare of the community;

(7)

Provide for auto sales, auto repair, and boat sales in appropriate zoning districts with sufficient separation and buffering between the business and the Roanoke Voyages Corridor on US 64, with regulations on signs, flags, and lighting designed to promote the aesthetic appearance and general livability of the town, thereby protecting and enhancing property values.

(8)

Foster historic uses of the waterfront and those that have evolved since the community was first settled, by making provision for marinas as an access to the water for recreational and commercial boating, fishing, tours, and transportation as traditional uses of the town's waterfront, to include the following guidelines, with rentals of jet-propelled personal watercraft prohibited in all areas:

a.

Historic Manteo Waterfront (Cora Mae Basnight Bridge to George Washington Creef Boathouse) includes a mixture of town docks, private docks, and public boardwalk, with a balance of commercial recreational uses such as boat rentals, tours, and water taxis; transient and year-round boat slips; and activities of the NC Maritime Museum such as boatbuilding, sailing classes, and displays and uses of traditional boats both in and out of the water;

b.

Shallowbag Bay South (south of George Washington Creef Boathouse to Scarborough Creek) includes traditional waterman activities such as commercial fishing, net- and pot-mending, crabbing, shedding, oystering, and traditional wooden boatbuilding; private recreational boating;

c.

Dough's Creek North (north of Cora Mae Basnight Bridge) and Scarboro Creek includes traditional waterman activities such as commercial fishing, net- and pot-mending, crabbing, shedding, oystering, and traditional wooden boatbuilding; and excluding marinas in these areas, which are primary nurseries; and

d.

Pirate's Cove (marina and canal slips) includes transient slips and commercial charter and head boat operations from permitted slips in the marina; and private slips along the canals associated with private residences for recreational boating.

e.

Foster historic uses of the waterfront and those that have evolved since the community was first settled, by making provision for traditional watermen activities in residential areas, such as commercial fishing, net- and pot-mending, crabbing, shedding, oystering, and traditional wooden boatbuilding.

f.

Exercise extraterritorial jurisdiction over waters in designated zones to regulate boat speed and wake for the health, safety, and welfare of boaters and swimmers, to protect the shoreline from erosion, and otherwise safeguard the environment.

(f)

The intent of the zoning ordinance, in regulating inclusionary zoning as specified in Article XI and elsewhere throughout this document, is to:

(1)

Encourage construction of affordable housing and/or the development of affordable lots, for the benefit of residents; public servants who provide for the health, safety, and education of the town and the county; and owners and employees of businesses located within the town; and

(2)

To provide affordable housing that is interspersed in neighborhoods throughout the town rather than restricting them to any one district or zone, thereby involving citizens of all incomes in the progress and prosperity of the town.

(g)

The intent of the zoning ordinance, in regulating access management, streets, and sidewalks as specified in Article XIII and elsewhere through this document, is to:

(1)

Lessen congestion, preserve highway capacity, reduce crashes, reduce stormwater runoff, reduce dependence on US 64 by connecting side streets where possible, integrate the various parts of the town through improved traffic management and pedestrian improvements, utilize traffic-calming devices for the safety of the traveling public, enhance wayfinding for visitors to historic and cultural sites, create a sense of arrival at the major gateways to the town, coordinate transportation solutions with overlapping jurisdictions, promote health and safety through well-planned emergency access and evacuation routes, and facilitate adequate transportation on both land and water, so as to provide for reasonable expansion and orderly growth without sacrificing pedestrian scale and orientation to the surrounding water.

(h)

The intent of the zoning ordinance, in regulating parking as specified in Article XIV and elsewhere through this document, is to:

(1)

Establish the minimum required number of parking stalls and minimum design requirements for the construction of off-street parking facilities required or provided in conjunction with the use of any land, structure, or building, which is to be established, erected, extended, enlarged, substantially remodeled, or changed from one use to another;

(2)

Minimize the impacts of stormwater runoff and associated pollutants;

(3)

Enhance the streetscape, provide shade, and soften the visual impact of hardened surfaces through the interspersed planting of trees and shrubs;

(4)

Where possible, maintain a sense of pedestrian scale by placing buildings near streets, with parking interspersed throughout the site, rather than one large parking lot with a large separation between the street and the building;

(5)

Encourage pedestrian traffic through well-marked satellite parking and time limits for on-street parking in those historic districts that are urban in character and where on-site parking is infeasible; and

(6)

Designate loading zones to minimize conflicts with traffic and reduce noise.

(i)

The intent of the zoning ordinance, in regulating buffers, screening, and landscaping as specified in Article XV and elsewhere through this document, is to:

(1)

Reduce conflicts between different land uses and intensities of use through spatial, visual, and acoustic separation through traditional island methods of property divisions such as landscaping, trees, and fences;

(2)

Create a harmonious and visually integrated townscape by reducing the hard surfaces, glare, and monochromatic pavement of the streetscape through the movement, color, scent, texture, shelter, and sense of scale provided by vegetated buffers and greenways of native trees and landscaping; and promote biodiversity and lessen the effects of erosion by regulating the clear-cutting of wooded properties; with special recognition of the importance of landscaping for shade, cooling, noise and wind reduction, prevention of soil erosion, oxygen production and carbon dioxide absorption, dust filtration, and the aesthetic enhancement of real property, thereby protecting and enhancing property values.

(j)

The intent of the zoning ordinance, in regulating pedestrian greenways, drainage ditches, and parks as specified in Article XVI and elsewhere through this document, is to:

(1)

Acknowledge the unique requirements of an island environment, and to develop, implement, and maintain open spaces for the enjoyment of residents and visitors while providing innovative solutions for stormwater runoff, erosion, and flood control, with special recognition of the importance of vegetation for shade, cooling, noise and wind reduction, prevention of soil erosion and flooding, oxygen production and carbon dioxide absorption, dust filtration, and the aesthetic enhancement of real property, thereby protecting and enhancing property values.

(k)

The intent of the zoning ordinance, in regulating stormwater management as specified in Article XVII and elsewhere through this document, is to:

(1)

Manage and mitigate the effects of urbanization on stormwater drainage through planning, appropriate engineering practices, and proper maintenance, thereby protecting the watersheds that flow into surrounding waters and minimizing the damage to persons and property from periodic flooding;

(2)

Use elements from the natural environment and bioengineering techniques to enhance the landscape rather than simply contain the runoff;

(3)

Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards, or that result in damaging increases in erosion or in flood heights or velocities;

(4)

Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

(5)

Control the alteration of the natural floodplains, stream channels, and natural protective barriers that are involved in the accommodation of floodwaters;

(6)

Control filling, grading, dredging, and other development that may increase erosion or flood damage, including filling above grade, to protect neighboring properties from flooding; reduce stormwater runoff into ditches, creeks, and sounds; preserve the natural topography of the island; and preserve trees;

(7)

Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards to other lands, and minimize the expenditure of public monies for costly flood-control projects;

(8)

Minimize damage to public facilities and utilities such as water and sewer lines, electric, telephone, and communications lines, streets, and bridges located in floodplains;

(9)

Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize flood-blight areas;

(10)

Minimize prolonged business interruptions; and

(11)

Ensure that potential homebuyers are notified that property is in a flood area.

(l)

The intent of the zoning ordinance, in regulating signs as specified in Article XVIII and elsewhere through this document, is to:

(1)

Encourage the effective use of signs as a means of communication in the town through size and location appropriate to each district; to maintain and enhance the aesthetic environment by limiting the number and size of signs; to maintain and enhance the town's ability to attract sources of economic growth and development; to promote vehicular and pedestrian traffic safety; to minimize the possible adverse effect of signs on nearby property; to regulate the use of sign elements that detract from or are not in keeping with historic Roanoke Island, such as luminescent or iridescent paints; to ensure that locally owned businesses are not placed at an unfair advantage and to prevent homogenization of the island's landscape by regulating distinctive shapes and colors such as roofs when used as branding for franchises or chains; and to assist visitors in locating natural, historic and cultural attractions on the island through clear and consistent signage and other wayfinding tools.

(m)

The intent of the zoning ordinance, in regulating outdoor lighting as specified in Article XIX and elsewhere through this document, is to:

(1)

Preserve, protect, and enhance the use and enjoyment of any and all property through the use of appropriate outdoor lighting practices and systems designed, erected, altered, or maintained, so as to:

a.

Set general and specific standards to encourage lighting that favorably contributes to visual performance, safety, and aesthetics from properly shielded light sources for lighting applications to include security, parking lots, recreational facilities, buildings and structures, landscaping, canopies, and signs;

b.

Curtail degradation of the visual integrity of the nighttime environment by minimizing light trespass and controlling glare on and off the property;

c.

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, and with the intent of eliminating sodium vapor sources over time;

d.

Require all outdoor lighting fixtures to be dark-sky friendly so that skies remain dark and the ability of residents and visitors to see the stars is not diminished;

e.

Discourage unnecessary illumination to conserve energy and resources while maintaining nighttime safety, utility, security, and productivity;

f.

Prohibit structural highlighting without decreasing safety, utility, and security; and

g.

Ensure that interior lighting does not contribute 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.

(n)

The intent of the zoning ordinance, in regulating utilities as specified in Article XX and elsewhere throughout this document, is to:

(1)

Regulate the location and placement of public and private utilities to protect the health, safety, and welfare of the public while enhancing the aesthetic and economic value of real property; and

(2)

Require utilities to be placed underground to minimize outages caused by falling trees and to enhance the visual environment.

(o)

The intent of the zoning ordinance, in regulating nonconforming uses and structures as specified in Article XXI and elsewhere throughout this document, is to:

(1)

Establish regulations for the continuation of certain uses, structures, and lots that did not conform to the provisions of this ordinance on its effective date or those that become nonconforming as the result of subsequent amendments to this ordinance; and

(2)

Prevent the enlargement, expansion, or extension of nonconforming uses and structures; or using such nonconformities as grounds for replicating elsewhere in the town;

(3)

Permit any plans, construction, or designated use on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently, such actual construction to include placement of construction materials in a permanent position and fastened in a permanent manner, as well as any excavation or demolition or removal of an existing structure has been substantially begun preparatory to building.

(Ord. of 9-14-2005, § 1.5; Ord. No. ZTA-21-02, Art. III(Pt. 2), 6-16-2021)

(a)

This ordinance shall be effective throughout the town's planning jurisdiction. Such planning jurisdiction may be modified from time to time in accordance with Article 2, Chapter 160D of the North Carolina General Statutes.

(b)

In addition to other locations required by law, a copy of a map showing the boundaries of the town's planning jurisdiction shall be available for public inspection in the town hall.

(c)

The urban growth boundaries are hereby established as properties north of the US 64 by-pass and south of the northern corporate limits of the town. School and churches may be exempt upon a majority vote of the Board of Commissioners.

(Ord. of 9-14-2005, § 1.6; Ord. No. ZTA-21-02, Art. III(Pt. 3), 6-16-2021)

All territory not included under the provision of this ordinance hereafter added to the zoning jurisdiction of the town shall be considered to be in the R-5 classification until otherwise classified.

(Ord. of 9-14-2005, § 1.7)

The provisions in this ordinance were originally adopted and became effective on September 14, 2005.

(Ord. of 9-14-2005, § 1.8)

To the extent that the provisions of this ordinance are the same in substance as the previously adopted provisions that they replace in the town's zoning, subdivision, or flood control ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted zoning ordinance does not achieve lawful nonconforming status under this ordinance merely by the repeal of the zoning ordinance.

(Ord. of 9-14-2005, § 1.9)

(a)

It is the intention of the town commissioners that this ordinance implement the planning policies adopted by the town commissioners for the town, as reflected in the CAMA Land Use Plan, the Manteo Plan Update (including future amendments and updates), the Design Guidelines: The Manteo Way of Building, and other planning documents.

(b)

The Manteo Plan Update is a document that presents a coherent vision of the future of Manteo, developed through an inclusive process. As such, it represents a consensus on appropriate directions and actions for the town. These should be the primary source of guidance when issues arise. This ordinance, the Manteo Unified Development Ordinance, is intended to implement the plan, and as such is subsidiary to it.

(c)

The town commissioners reaffirm their commitment that this ordinance and any amendment to it be in conformity with adopted planning policies. The town commissioners also state that this ordinance shall, for the purposes of maintaining an orderly and proper development process, refer back to the adopted plans for guidance in the interpretation of provisions of this ordinance.

(Ord. of 9-14-2005, § 1.10)

Any building, structure, or land used or occupied, and any structure or addition hereafter erected, shall be in conformity with all the regulations for the district in which it is located, with the exception of non-conforming situations (see Article XXI).

(Ord. of 9-14-2005, § 1.11)

(a)

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for building permits, zoning permits, sign permits, special use permits, subdivision plat approval, zoning amendments, variances, appeals, other administrative relief, and site plan review. The amount of the fees charged shall be as set forth in the town's budget or as established by the town commissioners filed in the office of the town clerk.

(b)

Fees established in accordance with subsection (a) shall be paid upon submission of a signed application or notice of appeal.

(Ord. of 9-14-2005, § 1.12; Ord. No. ZTA-21-02, Art. III(Pt. 4), 6-16-2021)

It is hereby declared to be the intention of the town commissioners that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this ordinance since the same would have been enacted without the incorporation into this ordinance of such unconstitutional or invalid section, paragraph, sentence, clause or phrase.

(Ord. of 9-14-2005)

It is not the intent of this ordinance to interfere with or abrogate or annul any easements covenants, or other agreements between parties. Where this ordinance imposes greater restriction upon a lot or structure than are imposed or required by other ordninances, rules, regulations, or by easements, covenants or agreements, then the provisions of this ordinance shall govern. Where the provisions of any other ordinance law or covenant require more restrictive standards, such provisions shall govern.

(Ord. of 9-14-2005, § 1.14)

No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

(Ord. of 9-14-2005, § 1.15)

The height limits of these regulations shall not apply to a church spire, belfry, cupola, dome or ornamental tower, monument, water tower, transmission tower, chimney, smoke stack, conveyor, flag pole, radio or television tower, mast or aerial, necessary mechanical appurtenances, and any other feature not for human occupancy.

(Ord. of 9-14-2005, § 1.16)

(a)

Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded.

(b)

Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served by mail, three days shall be added to the prescribed period.

(Ord. of 9-14-2005, § 1.17)

(a)

As used in this ordinance, words importing the masculine gender include the feminine and neuter.

(b)

Words used in the singular in this ordinance include the plural and words used in the plural include the singular.

(Ord. of 9-14-2005, § 1.18)

(a)

Applicability of state law: Where any portion of this ordinance or the Town Code of the Town of Manteo conflicts with, contradicts or is otherwise inconsistent with the authority, standards or procedures provided by the North Carolina General Statutes, in particular, G.S. ch. 160D, as applicable and amended from time to time, such regulations shall be applied only in a manner consistent with the authority, standards and procedures provided by the general statutes. Town ordinance provisions which supplement and provide greater due process and other protections than the statutory minimum requirements are not preempted by this subparagraph. The terminology, definitions, and procedures of G.S. ch. 160D shall apply as if they have been incorporated within this ordinance and the Town Code of the Town of Manteo.

(b)

Remedies: Any person or entity aggrieved by the application of town development regulations may, within the time period for an appeal from said application of regulations, request an administrative determination of whether the application of town regulations conflicts with, contradicts or is otherwise inconsistent with the authority, standards or procedures provided by the North Carolina General Statutes. Upon such request, town staff shall investigate the application of the town regulations, may consult with the town attorney as needed and shall issue a written determination within a reasonable time. The receipt by the town of a request for such a determination shall cause the application of town development regulations not to be a final appealable administrative decision until the town staff issues the requested determination. If town staff concludes that the application of the town's regulations exceeded the town's authority or did not follow statutory standards or procedures, town staff or the appropriate decision making body shall modify the application of the town's regulations to apply the statutory standards and procedures in the manner required by subparagraph (a) of this section. Following such action, an aggrieved party may appeal the town staffs determination and/or the final resulting decision of town staff or the decision making body in the same manner as other appeals of decisions from the town staff or the decision making body.

(Ord. No. ZTA-21-02, Art. III(Pt. 5), 6-16-2021)

(a)

Board of Commissioners. A commissioner shall not vote on any legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A commissioner shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the commissioner has a close familial, business, or other associational relationship.

(b)

Appointed boards. Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(c)

Administrative staff. No staff member shall make a final decision on an administrative decision if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance. No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with the town to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the town, as determined by the town manager and Board of Commissioners.

(d)

Quasi-judicial decisions. A member of any board exercising quasi-judicial functions shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.

(e)

Resolution of objection. If an objection is raised to a commissioner or board member's participation at or prior to the hearing or vote on a particular matter and that commissioner or member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.

(f)

Familial relationship. For purposes of this section, "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

(Ord. No. ZTA-21-02, Art. III(Pt. 6), 6-16-2021)