Minnesott Beach City Zoning Code
EXCEPTIONS AND
MODIFICATIONS
§ 151.210 WALLS AND FENCES.
It is the intent of this section to regulate materials, location, height and maintenance of fences and retaining walls to prevent nuisances and protect safety and general welfare of the public. A zoning permit is required in accordance with § 151.093.
(A) Location. Property owners are responsible for installation of fences and retaining walls on their property. If the exact location of lines is unknown, a survey may be required.
(B) Height.
(1) For the purpose of this section, solid fence is defined as having less than 50% opening as viewed from outside the fence.
(2) When a fence transitions from one height to another, the height of the fence will be measured from the ground to the tallest portion of the fence, excluding support post.
(3) Height will be measured from the average grade three feet on each side of the fence.
(4) Residential districts.
(a) Solid fences and retaining walls located within a front yard may not exceed three feet in height. No fence may exceed a height of four feet in a front yard.
(b) No fences in remaining yards of a residential district may exceed a height of six feet.
(5) Non-residential districts. Fences in yards of districts other than residential may not exceed a height of eight feet.
(6) Nothing in this section shall prohibit public utility companies from installing security fences to protect utility sites from trespass or access by the public.
(C) Maintenance.
(1) Any fence or retaining wall which is or has become dangerous to public safety, health or welfare, is considered a public nuisance.
(2) Fences and retaining walls shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger or to constitute a nuisance, public or private.
(D) Additional. Fences and privacy screens shall only be installed with finish sides facing away from the property (i.e., construction side in). All fence posts must be located on the side of the fence facing the fence owner's property.
(Ord. passed 2-10-2009, § 10.1; Ord. passed 8-12-2014; Ord. passed 10-8-2024, § 3)
§ 151.211 REDUCTION OF FRONT YARD SETBACK REQUIREMENTS.
If a proposed structure is within 100 feet of an existing conforming use structure within the same district and on the same side of the street, and the distance of the front building line from the right-of-way of the existing conforming use structure is less than the setback requirements for the district within which it is located, then the setback of the proposed structure may be established ten feet behind the front building line of the adjacent conforming use.
(Ord. passed 2-10-2009, § 10.2)
§ 151.212 SUBSTANDARD LOTS OF RECORD.
(A) Generally. Any lot of record existing at the time of the adoption of the original zoning ordinance adopted July 20, 1982 which has an area or a width which is less than required by this ordinance, shall be considered to be substandard as far as this ordinance is concerned and subject to remediation or special treatment as outlined in this section.
(B) Adjoining lots. Where two or more adjoining lots with continuous frontage are in one ownership at any time and the lots individually are less than the minimum square footage and/or have less than the minimum width required in the district in which they are located, then the group of lots shall be considered as a single lot or several lots of minimum permitted area and width of the district in which located.
(C) Lot not meeting minimum lot size requirements. Except as set forth in division (B) above, in any district in which single-family dwellings are permitted, any lot of record existing at the time of the adoption of these regulations which has an area or a width which is less than required by these regulations may be used as a building site for a single-family dwelling as long as the setback and house size requirements for the district are met and the county sanitation requirements are met.
(D) Side yard requirements. Except as set forth in division (B) above, where a lot of record existing at the time of the adoption of these regulations has a width less than the width required in the district in which it is located, then the Zoning Administrator shall be authorized to reduce the side yard requirements for the lot; provided, however, no side yard shall be less than eight feet wide. Further reduction in side yard requirements shall require the approval of the Board of Adjustment.
(Ord. passed 2-10-2009, § 10.3; Ord. passed 2024)
§ 151.213 FALLOUT SHELTERS.
Fallout shelters are permitted as principal or accessory uses and structures in any district, subject to the yard requirements of the district. Shelters shall be maintained so as not to become a hazard or blight to the community.
(Ord. passed 2-10-2009, § 10.4)
§ 151.214 REQUIRED BUFFER STRIPS IN ALL C DISTRICTS.
Any commercial use established after the effective date of the original zoning ordinance adopted July 20, 1982 in a commercial district which abuts an R District or land occupied by a residential use permitted by these regulations, shall provide and maintain along the property line a continuous visual buffer strip with a minimum of six feet in height. No buffer strip shall extend nearer to the street right-of-way than the established building line of adjoining conforming residential lots. The buffer strip shall be a fence or evergreen hedge or shrubbery screen.
(Ord. passed 2-10-2009, § 10.5; Ord. passed 6-8-2021)
§ 151.215 VISIBILITY AT INTERSECTIONS.
On a corner lot, nothing shall be erected, placed, planted or continued to exceed the height of three feet, or to protrude lower than eight feet, or to inhibit the visibility of a motor vehicle operator within a triangular area formed by the intersection of the right-of-way of two streets or railroads, or of a street and a railroad, and a diagonal line which intersects the right-of-way lines at two points each 25 feet from the intersection of the right-of-way lines.
(Ord. passed 2-10-2009, § 10.6) Penalty, see § 151.999
§ 151.216 PLANNED UNIT DEVELOPMENT.
A duly approved planned unit development, which meets all of the requirements of this ordinance shall be allowed as a permitted use only in a planned unit development overlay district approved prior to August 8, 2006.
(Ord. passed 2-10-2009, § 10.7)
§ 151.217 CONSERVATION LAND CLASSIFICATION.
(A) Generally. The official zoning map indicates approximate locations within the town of areas of environmental concern (AEC) as defined by the State Coastal Resources Commission. Permitting under the Coastal Area Management Act (CAMA), being G.S. §§ 113A-100 et seq., permitting procedures and use guidelines under 15A NCAC 7H, as well as provisions outlined in this section will be followed if a proposed structure or modification of an existing structure is determined by field inspection to be located within a conservation land class. The local CAMA permit officer in consultation with the state field representative will make the determination based on his or her field examination.
(B) Coastal wetlands.
(1) COASTAL WETLANDS are defined as any salt marsh or other marsh subject to regular or occasional flooding by tides, including wind tides, but not including tropical storm or hurricane tides.
(2) The purpose of this provision shall be to ensure protection and management of coastal wetlands so as to safeguard and perpetuate their biological, social, economic and aesthetic values. Only uses compatible to the conservation of existing coastal wetlands and/or uses that require water and cannot function elsewhere will be allowed. Examples of uses that may be permitted in coastal wetlands include utility easements, fishing piers, docks, agricultural uses and/or forestry drainage. All projects must comply with the current regulations of the State Department of Environmental Protection and the State Division of Coastal Management as well as any applicable federal statutes.
(C) Estuarine shorelines.
(1) ESTUARINE SHORELINES are those non-ocean shorelines that are vulnerable to erosion, flooding or other adverse effects of wind and water.
(2) All projects that include estuarine shorelines must comply with the current regulations of the State Department of Environmental Protection and the State Division of Coastal Management, as well as any applicable federal statutes.
(D) Public trust areas. Public trust areas located within the town limits include the waters of the Alligator Gut above the estuarine area except for privately owned lakes. The public has the rights of navigation and recreation in these waters. Only those uses compatible to public trust areas will be allowed on land adjacent to public trust areas.
(Ord. passed 2-10-2009, § 10.8; Ord. passed 2024)