12-1.1

PD districts—Where and how permitted. Planned Development (PD) districts may hereafter be established by amendment to the official Zoning Map where tracts suitable in location and character for the uses and structures proposed are to be planned and developed on a unified basis, according to the requirements and procedures set forth herein.

(A)

PD districts shall be designed and located in relation to arterial and collector streets to provide direct access without creating substantial additional traffic along minor streets in residential neighborhoods outside the district.

(B)

PD districts shall be located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utility systems and installations in such a way that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale, or timing resulting in higher net public cost or earlier incursion of public cost than would development in forms generally permitted under current zoning for the area. PD districts shall be required to submit a drainage impact statement and no proposed PD district shall be permitted to file a statement of no drainage impact. In addition, PD districts shall contain in their sketch development plan all proposed drainage to comply with Section 13-3 of this Ordinance.

(C)

Such districts shall be located with respect to necessary public facilities to have access to such facilities in the same degree as would development under existing zoning and shall be so located, designed, and scaled that access for public services is equivalent to, and net cost for such services is not greater than, access and net cost for public services for development as permitted under existing zoning. However, location of PD districts may be approved if applicants will:

(1)

Provide private facilities, utilities, and services approved by appropriate public agencies as substituting on an equivalent basis for public utilities, facilities, and services and assure their satisfactory continuing operation, permanently, or until similar public utilities, facilities, and services are available and used; or

(2)

Make provisions acceptable to the City for offsetting any added net public cost or early commitment of public funds that are made necessary by such development.

(D)

Any applicable requirements of Article 4 of this Ordinance may apply to planned developments to preserve the purpose and intent of the planned development district and Article 4 of this Ordinance, except that streets within planned developments may be private subject to Council approval and provided the requirements contained in Article 16 are met.

(E)

Specific conditions may be proposed by the petitioner or the City or its agencies, but only those conditions approved by the City Council and consented to by the petitioner in writing may be incorporated into the zoning regulations for the PD district.

In computing net public costs, difference in anticipated public installation, operation, and maintenance costs and difference in anticipated public revenue from such sources shall be considered. Expenses involved in making such determinations shall be paid by applicants. Determination shall be made by the City or by experts acceptable to the City.

12-1.2

Minimum parcel size for PD district. The minimum amount of land (under unified control to be planned and developed as a whole) for a PD district shall be at least one (1) city block (2.18 acres) for PD's with only residential uses. Existing alleys may be included in the computation of this acreage. Dedicated streets shall not be computed as part of the project area. All additions to existing PD districts shall be at least 2.18 acres. Areas separated by dedicated streets shall not be considered contiguous. PD's with both residential and commercial uses shall contain a minimum of ten (10) contiguous acres.

12-1.3

Procedures. A planned development shall be processed in four (4) stages: Sketch development plan, site development (master) plan, preliminary plat approval, and final plat approval. The sketch development plan shall represent the applicant's general impression of the anticipated pattern of development planned for the planned development. The site development (master) plan shall specify the uses of land and layout of landscaping, circulation, and buildings. The preliminary plat shall be submitted to ensure that the proposed development complies with all applicable federal, state, and local regulations and the final plat shall be the document on which building permits are issued and which will be recorded in the Register of Deeds office.

All multifamily development located within a PD district shall meet the requirements of Section 13-2 of the Ordinance.

12-1.4

Sketch development plan approval/planned development rezoning application. The sketch development plan shall be required as part of the application for rezoning in order to create a new PD district or to extend an existing PD district. Such application shall be submitted in accordance with Article 24 of this Ordinance. Additional materials which shall be required as a part of the rezoning application include: plans, maps, and studies that may reasonably be required to make the determination called for in the particular case, with sufficient copies for necessary referrals and records. In particular, the following shall be included as part of the application:

(A)

Property owners report. A report identifying all property owners within the area of the proposed district and giving evidence of unified control of the entire area. The report shall file evidence of the agreement of all present property owners:

(1)

To proceed with the proposed development according to the regulations in effect when the map amendment creating the PD district is passed, with such modifications as may be set by the Morehead City Council in the course of such action; and

(2)

To bind further successors in title to any commitments made under 12-1.4(A)(1) above.

(B)

Sketch development plan. The sketch development plan shall show: anticipated pattern of development; property lines; proposed building sites; utility easements and lines and appurtenances; as well as proposed density and adjoining property owners, existing zoning of parcel and surrounding property, and any other information required by the Planning Board.

(C)

Review of sketch development plan/rezoning application. The Planning Board shall review the application materials as well as the sketch development plan to determine conformity with the land use plan, the existing and prospective character of surrounding development, and the requirements above. The review shall be conducted in accordance with Article 24 of this Ordinance. A drainage impact study shall be submitted with the rezoning application.

(D)

Action by the City Council. The City Council actions shall be as provided for amendments generally in Article 24. If amendment of the land use plan is involved, the City Council shall not proceed on the PD zoning amendment until it has acted on the amendment of the land use plan.

12-1.5

Establishment of the PD district. No building permits shall be issued in a PD district until the district has been officially established and a site development (master) plan has been submitted and approved by the City Council. An application for a building permit shall conform to the requirements of Section 12-1 and shall be accompanied by all necessary federal, state, and local permits.

12-1.6

Site development plan (master plan). A site development plan drawn to scale shall contain the following information:

(A)

The name of the planned development;

(B)

The exact boundary lines of the planned development by lengths and bearings and the location of intersecting boundary lines of adjoining lands;

(C)

Scale denoted both graphically and numerically;

(D)

The plans for utility layouts, including sewers, storm sewers, water distribution lines, natural gas, telephone and electric service, connections to existing systems or plans for individual water supply systems and sewage disposal systems. Plans must show line sizes, the location of fire hydrants, blow-offs, manholes, pumps, force mains, and gate valves;

(E)

Street names;

(F)

The location, purpose, and dimensions of areas to be used for uses other than residential;

(G)

Minimum building setback lines;

(H)

The names of owners of adjoining properties and any adjoining subdivisions of record (or proposed or under review);

(I)

The location and dimensions of all rights-of-way, utility or other easements, riding trails, natural buffers, pedestrian or bicycle paths, and areas to be dedicated public use with a statement of the purpose of each;

(J)

Right-of-way lines and pavement widths of all streets and the location and width of all adjacent streets and easements;

(K)

Property lines, buildings or other structures, watercourses, railroads, bridges, culverts, storm drains (both on the land to be subdivided and on the land immediately adjoining), corporate limits, City boundaries, and county lines;

(L)

Sufficient engineering data to determine readily, and to be reproducible on the ground, every straight or curved boundary line, street line, lot line, right-of-way line, easement line, and setback line, including dimensions, bearings of deflection angles, radii, central angles, and tangent distances for the centerline of curved streets and curved property lines that are not the boundary of curved streets. All dimensions shall be measured to the nearest one-tenth (1/10) of a foot and all angles to the nearest minute. Such engineering shall be reviewed by the City Engineer and any upgrading improvements required by the City shall be paid for in full by the developer;

(M)

The accurate locations and descriptions of all monuments, markers, and control points;

(N)

The deed restrictions or any other similar covenants;

(O)

The date of the survey and plat preparation;

(P)

North arrow and delineation;

(Q)

The name and location of any property within the planned development, or within any contiguous property, that is listed in the U.S. Department of Interior's National Register of Historic Places; likewise, any property that has been designated by local ordinance as a "historic property" pursuant to G.S. Chapter 160A, Article 19, Part 3A;

(R)

The name, address, and telephone number of the owner, registered surveyor, land planner, architect, landscape architect, and professional engineer responsible for the subdivision and the registration number and seal of the professional engineer and registered surveyor;

(S)

Flood hazard areas according to HUD flood insurance rate maps;

(T)

Topographic information showing vertical contour every one (1) foot;

(U)

Show boundaries of areas of environmental concern (CAMA);

(V)

Total number of dwelling units:

(1)

Total residential floor area;

(2)

Total commercial floor area (if PD contains ten (10) or more acres);

(3)

Total ground area;

(4)

Total number of floors;

(5)

Total height per building;

(6)

Total open space areas (percentage);

(7)

Total number of parking spaces.

(W)

For multifamily areas delineated within planned developments, the location, type, number, and proposed screening for proposed required waste container sites.

12-1.7

Site development plan (master plan) approval. Eighteen (18) copies of the site development master plan shall be submitted to the Planning Director not less than twenty-eight (28) calendar days before the regular Planning Board meeting at which the site development plan is to be considered. Subject to the length of the agenda and complexity of the application, late submittals may be placed on the meeting agenda with the approval of the Land Use Administrator. The Planning Director shall, where applicable and appropriate, require the developer to distribute copies of the site development plan and any accompanying material to other officials and agencies concerned with the planned development including, but not limited to: technical review committee consisting of the City Manager and appropriate department heads; Carteret County Health Department; Carteret County Board of Education; district engineer of the Department of Transportation; NC Department of Environment and Natural Resources, Wilmington Regional office; U.S. Army Corps of Engineers and/or Division of Coastal Management; and any other agency deemed appropriate or necessary to review the site development plan as determined by the staff, City Attorney, Planning Board, or City Council. Each member of the Planning Board shall be provided with a copy of the site development plan as well as any necessary permits or letters from the abovementioned agencies by the Planning Director prior to the Planning Board meeting.

Within seventy-five (75) days of the date that a technically complete application for the site development plan which demonstrates that the requirements of the Unified Development Ordinance have been met is submitted to the Planning Director, the Planning Board will act to recommend approval, disapproval, or changes in the site development plan. Comments received from the various officials and agencies shall be fully considered. Failure of the Planning Board to act within the time limit shall be deemed approval of the plan.

Following action by the Planning Board, the site development plan shall be submitted to the City Council for final approval, disapproval, or amendment. Prior to acting upon the site development plan, the City Council shall hold a public hearing on the plan at which hearing all interested parties and the public shall be given an opportunity to comment on the plan. A notice of this public hearing shall be given once a week for two (2) successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten (10) days nor more than twenty-five (25) days before the date fixed for the hearing. In computing such period, the day of publication is not to be included but the date of the hearing shall be included.

If the City Council adopts some or all of the recommendations of the Planning Board for changes in the site development plan, the developer (owner) shall make such changes and resubmit the proposal not less than thirty (30) days prior to the meeting of the City Council to which consideration of the site development plan is postponed. Notice of postponed consideration and of the date, time, and place of the meeting to consider the revised site development plan shall be published at least once, not less than seven (7) days before the meeting, in a newspaper of general circulation in Carteret County qualified to accept legal advertisement.

In all hearings before the Planning Board and City Council, the burden of proof shall be upon the applicant to satisfy the hearing body that all requirements of Section 12-1 of this Ordinance have been met, and that the proposal satisfies the needs of public health, safety, and welfare.

The planning department must have a current and updated site development plan (master plan) on file for all PD developments. Minor changes and revisions to the site development plan (master plan) may be approved administratively without additional public hearings, provided that such changes do not result in:

(A)

A change in the density of the PD;

(B)

A change in the design of vehicular traffic routes;

(C)

A decrease in the open space dedication;

(D)

A change in the uses permitted.

Any changes, other than minor changes, shall only be made in accordance for the procedures for site development plan (master plan) approval.

12-1.8

Preliminary plat approval. Application for preliminary plat approval shall be in accordance with the procedures described in Section 4-27 of this Ordinance.

The preliminary plat shall consist of a phase or section of the site development plan (master plan) as approved by the City Council.

The Planning Board shall review the plat to ensure its compliance with preliminary plat requirements as set forth in the Subdivision Regulations. Upon preliminary plat approval, the applicant is authorized to commence development of the planned development.

The final plat for the subdivision shall be submitted not more than twenty-four (24) months after the date on which the preliminary plat was approved. One (1) twelve-month extension may be granted by the Planning Board for good cause such as substantial progress towards improvements. Preliminary plat approval shall be null and void upon expiration of the twenty-four-month period unless an extension has been granted.

12-1.9

Final plat approval. Application for final plat approval shall be made in accordance with Article 4, Part II of this Ordinance, as amended.

The final plat shall be in accordance with the site development plan (master plan) and preliminary plat as approved by the Planning Board. No building permits shall be issued for development within the planned development except for planned amenities and multifamily housing until the final plat has been approved by the Planning Board and duly recorded in the Carteret County Register of Deeds office. Approval of a final plat shall be in accordance with Section 4-29.3 regarding final plat approval for major subdivisions; therefore the final plat may be approved (a) after completion of all improvements or (b) upon posting of a sufficient performance guarantee in accordance with Section 4-29.3.

Pursuant to G.S. § 160D-806, the approval of a plat shall not be deemed to constitute the acceptance by the City or public of the dedication of any street or other ground, public utility line or other public facility shown on the plat and shall not be construed to do so. However, the City may by resolution accept any dedication made to the public of lands or facilities for streets, parks, public utility lines or other public purposes, when the lands or facilities are located within its subdivision regulation jurisdiction and meets the City's requirements.

Whenever used herein, "owner," "developer," and "applicant" shall mean the person, firm, association, or corporation submitting the site development plan for approval. Only the person, persons, firm, association, or corporation owning the land upon which the site is to be developed or having a binding contract to buy the land (conditioned only upon approval of the site development plan) may make application for approval of a site development plan.

All costs associated with approval of the site development plan (including advertising costs) shall be paid by the applicant and approval of the site development plan shall not be given until such costs have been paid. The Planning Director and/or City Clerk may require a deposit against such costs.

12-1.10

Dimensional requirements.

(A)

Density.

(1)

Density for projects containing only multifamily structures and accessory structures associated with the multifamily use which are fifty (50) feet or less in height as measured from the average finished grade shall be calculated using the following formula:

(a)

Formula: Each lot for multifamily use under this subsection shall provide:

1.

A minimum of five thousand (5,000) square feet for the first unit;

2.

Three thousand (3,000) square feet for each additional unit containing two or more bedrooms; and

3.

Two thousand five hundred (2,500) square feet for each additional one-bedroom unit.

(2)

All other projects within a Planned Development (PD) district not addressed in subsection 12-1.10(A)(1) shall be subject to the following density requirements:

(a)

The maximum number of units shall be limited to thirty-six units per acre.

(b)

The maximum allowable Floor Area Ratio shall be limited to 1.5.

1.

Example (FAR): 10-acre PD District = 43,560 square feet x 10 = 435,600 square feet

Allowable FAR = 435,600 x 1.5 = 653,400 square feet allowed

(B)

Height.

(1)

All structures within a Planned Development (PD) district shall be limited to a maximum height of seventy (70) feet (as measured from the average finished grade), or a height lesser than seventy (70) feet which is specified in the ordinance approved with the site development master plan.

(C)

Open Space/Recreation Area: Planned Development (PD) districts shall be required to provide open space and/or recreation areas/fees in accordance with the following:

(1)

To the maximum extent possible, open space shall be contiguous with adequate ingress/egress.

(2)

Open space/recreation areas shall be maintained in a clean, trash-free condition.

(3)

A minimum of 90% of the open space areas/recreation areas shall maintain a length, width, and diameter of not less than 30'. The licensed design professional must provide evidence to document that this requirement has been met on the plan.

(4)

Wetlands (including coastal and 404 wetlands), retention/detention ponds, and/or areas over public waters shall not be included in required open space/recreation areas.

(5)

Required buffer/screen areas and drainage/utility easements may be located in open space/recreation areas.

(6)

Minimum open space areas and recreation areas or fees shall be determined by the following:

(a)

Planned Developments Containing One and/or Two-Family Residential Subdivisions: Where the smallest lot in the development is greater than 4,000 square feet, the requirements contained in Section 15-7 Recreation and Open Space Requirements for Major and Minor Residential Subdivision shall be met with the exception that the recreation area must be provided within the project and no provision for payment of fees in lieu of providing open space is available. Where the smallest lot in the development is 4,000 square feet or less, a minimum of 28% open space must be provided.

(b)

Planned Developments Containing Multifamily Development: A minimum of 500 square feet per unit shall be provided.

(c)

Planned Developments Containing Non-Residential Uses: No open space is required for an approved non-residential permissible or special use within a non-residential structure development area. (Exception: This does not extend to accessory buildings/uses contained within residential development areas as these are included within the applicable residential development area for purposes of open space calculation.)

(d)

Planned Developments Containing a Combination of Use Types: The sketch plan will delineate development areas based upon use type and the minimum open space/recreation area/recreation fee requirements will be determined based upon the requirements contained in subsections 12-1.10(C)(6)(a—c) for the specific delineated development areas.

(D)

Setbacks, minimum. Buildings and structures located within a Planned Development (PD) district shall be set back a minimum of ten (10) feet from the perimeter of the Planned Development District and be set back from individual lot property lines in accordance with the setbacks or minimum building lines shown on the approved site development master plan.

12-1.11

Access to water. All planned development projects adjoining public estuarine waters shall make provisions for public access. One fifteen-foot (15') water access easement shall be provided for each one thousand two hundred (1,200) feet of shoreline. The access easement shall be directly accessible to a public street, road, or sidewalk. Streets offered for dedication which run to the mean high water mark may count towards the requirements of this section.

Where bulkheads are constructed along mean high water, boardwalks or other similar structures may be used to provide access. Plans for the developed/improved water access areas shall be submitted to the City Council as part of sketch plan approval.

If requested by the developer, the City Council may accept a fee in lieu of providing public water access. The Council will use factors such as proximity of other local public water accesses, likelihood of public utilizing public water access on the site, whether the site has traditionally been used as a public water access point, etc. to determine whether to accept the fee in lieu of dedication. If the City Council determines it is acceptable for the developer to pay a fee in lieu of dedication, the amount shall be based on one thousand dollars ($1,000.00) per unit/lot.

12-1.12

Parking. Parking shall be in accordance with the requirements of Article 20 and Appendix IV.

12-1.13

Curb cuts in Planned Development (PD) districts. Curb cut locations in multifamily PD districts shall be subject to review and approval by Morehead City Public Services Department or NCDOT if the abutting street is a state road.

12-1.14

Waste container required. Provisions for the management of waste shall be considered as part of the review of a Planned Development (PD) district. Waste container location, type, number, and screening are subject to approval by the Public Services Department.

12-1.15

Outside lighting. Multifamily housing development within the PD district shall be required to install on-site, exterior lighting to light parking lots, areas surrounding buildings, and developed recreation areas.

(A)

Outdoor lighting plan required.

(1)

An outdoor lighting plan shall be submitted separately from the site plan and shall show the location, the height above grade, and the type of illumination (such as LED, incandescent, halogen, high pressure sodium, etc.) throughout the entire project site.

(2)

The plan shall show the distribution and density levels of illumination for each exterior fixture in a horizontal plane, producing a contouring map (isolux diagram) with foot-candles indicated. This information is available from the manufacturer of the specified fixture.

(B)

Light trespass. The lighting plan shall minimize light trespass onto residentially zoned properties and existing residential uses. No greater than 0.5 foot-candles (FC) shall be permitted at property lines abutting residentially zoned properties or existing residential uses.

(C)

Minimum light level. The minimum light level shall be no less than 0.2 foot-candles (FC) to 0.7 FC minimum with a uniformity (average/minimum) ratio of 4:1. All light levels are measured at ground level. The specified minimum FC value above 0.2 FC means that the lowest light level point or location must not be less than the minimum stated FC value. An average to minimum uniformity ration of 4:1 means that the average FC to minimum FC ratio cannot be worse (greater) than 4:1 within proposed parking lots, areas proposed to surround buildings, and recreation areas proposed to be developed.

(D)

Wall mounted lights. In addition to other types of lighting, wall mounted lights may be used to satisfy the requirements of this subsection.

12-1.16

Conveyance and maintenance of open space. All open space shown on the site development plan shall be recorded in the Carteret County Register of Deeds office and shall be conveyed by the following method:

By leasing or conveying title including beneficial ownership to a corporation, association, or other legal entity, the terms of such lease or other instruments of conveyance must include provisions suitable to the City Attorney for guaranteeing:

(A)

The continued use of such land for the intended purposes;

(B)

Continuity of proper maintenance for those portions of open space land requiring maintenance;

(C)

When appropriate, the availability of funds required for such maintenance;

(D)

Adequate insurance protection; and

(E)

Recovery for loss sustained by casualty, condemnation, or otherwise.

Furthermore, the applicant shall file in the Carteret County Register of Deeds office at the time of site development plan approval, legal documents which shall produce the above guarantees and, in particular, will provide a method for restricting the use of open space for the use and enjoyment of the residents of the planned development.

(Ord. No. 2023-O-14, § 3, 9-12-2023; Ord. No. 2025-O-04, 1-14-2025)

12-2.1

Commercial uses prohibited in mixed use projects. The following uses are prohibited when located on a site containing both residential and commercial uses:

(A)

Automobile service station.

(B)

Bus station.

[(C)

Reserved.]

(D)

Emergency shelter mission.

(E)

Motel.

(F)

Reserved.

(G)

Thrift shop.

12-2.2

Reserved.

12-2.3

Performance standards. In order to ensure that the residential uses in this district are not adversely impacted by the adjacent commercial uses, including, but not limited to, traffic, noise and safety impacts, no permit shall be issued for a project combining commercial and residential uses on the same site unless the following standards are met:

(A)

Noise:

(1)

Commercial uses shall be designed and hours of operation limited (where appropriate) so that neighboring properties are not exposed to offensive noise from traffic or late-night activity.

(2)

Leases for residential and commercial uses shall include a provision whereby the property owner/landlord details to the tenant(s) minimum rules with respect to noise or late-night activities so as not to adversely affect neighboring property owners/tenants.

(B)

Security. The residential units shall be designed to ensure the security of residents by providing a separate and secured entrance that is directly accessible to outdoors. Nonresidential uses and residential uses shall not have common entrance hallways or common balconies or be located on the same floor.

(C)

Lighting. All outdoor lighting for commercial uses shall be designed so as not to adversely impact surrounding residential uses. Parking areas, entrances/exits and access ways shall be illuminated to provide visibility and security during darkness.

(D)

Odors, dust, vibration. No commercial or residential uses shall be designed or operated so as to expose neighboring properties to offensive odors, dust, electrical interference and/or vibration.

(E)

Refuse, storage and location. A residential dumpster shall be required and shall be clearly marked for residential use only. Use by commercial uses is prohibited. Both residential and commercial dumpsters shall be screened.

12-2.4

Development standards.

(A)

Minimum lot size. N/A

(B)

Residential density. The maximum number of dwelling units on a lot shall be one (1) unit for each six hundred twenty-five (625) square feet of land area.

(C)

Building height. No building or structure in the DB or CD district shall exceed a height of seventy (70) feet, unless approval has been granted by the City Council as part of a conditional Zoning Map amendment permitting an increased height of said building or structure.

(D)

Setbacks:

(1)

Front. There shall be no minimum front setback required.

(2)

Side. No side setback shall be required along the interior lot lines except where the side lot line is contiguous to a residential zone in which case the side setback shall be equal to the required residential setback for the common property line.

(3)

Rear. No rear setback shall be required, except where the rear lot line is contiguous to a residential zone, in which case the rear setback shall be equal to the required residential setback for the common property line.

(E)

Outdoor living space. Each dwelling unit shall be provided a minimum of fifty (50) square feet of outdoor living space (i.e. balcony, roof garden, etc.). The outdoor living space shall be located within the footprint of the building.

(F)

Parking. Parking shall be provided in accordance with Article 20 with the exception of the following:

(1)

Apartment/multifamily dwelling. Two (2) spaces per unit.

(2)

Marina. Parking spaces equal to thirty (30) percent of the number of boats for which facilities for dry storage are available plus one (1) space for each four (4) wet slips plus one (1) space for each employee.

(3)

Motel/hotel/bed and breakfast. One (1) space per rentable room.

(G)

Signs. In accordance with Article 19 unless otherwise stated.

12-2.5

Right-of-way usage.

(A)

Sale of merchandise generally: It shall be unlawful for any person to establish a location upon any public street, sidewalk, right-of-way, park or city-owned or leased property for any period of time or to use such property or any part thereof as a location for or as a place of business for selling or offering for sale products or merchandise of any kind, except as otherwise provided in this Code.

(B)

Mobile food trucks: Mobile food trucks are classified as Peddlers and shall operate in accordance with Chapter 8, Article III of the Code of Ordinances.

(C)

Sale of merchandise on sidewalks:

(1)

No person shall obstruct entirely or partially any sidewalk or street in the city by selling or offering for sale at auction or otherwise any goods, wares or merchandise thereon, or use any sidewalk or street for the placing thereon of any barrel, box crate, wood or other substance, except where expressly permitted by the provisions of this Code or other ordinance of the city. Nothing herein shall prevent newspaper vending machines from being placed on the sidewalks when the owners thereof have complied with the rules promulgated by the city and have secured a permit.

(a)

Permit generally. The City Manager or his designee may issue permits for the display and sale of merchandise on city sidewalks and pedestrian ways in the area of the city known as the Downtown Commercial District and classified as CD and in the Downtown Business District and classified as DB.

(b)

Application. Any merchant desiring to display and sell merchandise on the city sidewalk or pedestrian way shall prepare and file an application with the Planning and Inspections Department, which shall contain the following information:

1.

The name, address and telephone number of the business desiring to display or sell merchandise on the sidewalk.

2.

The name, address and telephone number of the business owner.

3.

The type of merchandise to be sold or displayed.

4.

The hours of operation of the business.

5.

A drawing or site plan showing the section of sidewalk or pedestrian way to be used for the sale and display of merchandise.

6.

Evidence of adequate insurance or other forms of security to hold the city and its taxpayers harmless from claims arising out of the sale and display of merchandise.

7.

An indemnity statement approved by the City Attorney, whereby the business owner agrees to indemnify and hold harmless the city and its officers, agents, and employees from any claim arising from the sale and display of merchandise.

8.

A copy of all permits and licenses issued by the state or the city. Such additional information as may be requested by the City Manager or his designee to determine compliance with this section. A fee as provided in the Morehead City's fee schedule to cover the cost of processing and investigating the application and issuing the permit.

(c)

Issuance of permit. No permit for the sale and display of merchandise on the sidewalk or pedestrian way may be issued unless the application is complete and unless the following requirements are met:

1.

The sale and display of merchandise must occur under the same name as the business and may not be opened or operated at any time when the business is closed.

2.

The sale and display of merchandise on the sidewalk or pedestrian way must be clearly incidental to the associated business.

3.

The placement of merchandise must be done in such a manner not to extend more than three (3) feet from the property line, provided that at least five (5) feet of unobstructed space (as measured from the street-side edge of the sidewalk) remains on the sidewalk or pedestrian way for the passage of pedestrians. Trees, poles, signs, sandwich board signs, planters, benches, hydrants, trash receptacles, tree grates, etc., are all considered obstructions.

4.

Merchandise must be removed within four (4) hours of notice from the city. If such items are not removed upon four (4) hours' notice, the city shall have the right to remove and dispose of these items and may assess the property owner for the cost of such removal and disposal. The city shall also have the right to remove such items immediately in emergency situation. The city shall not be responsible for damage to the merchandise under any circumstances.

5.

The owner of the business displaying or selling merchandise on the sidewalk or pedestrian way shall be responsible for repairing any incidental damage to public sidewalks resulting from the display of merchandise.

6.

Merchandise shall only be displayed or sold when the business is open.

(d)

Denial. A permit may be denied if it is found that the granting of the permit would not be in the public interest. Any applicant denied a permit to display or sell merchandise on the sidewalk or pedestrian way shall receive a written statement, outlining the grounds on which the denial is based. The applicant may appeal the denial of the permit to the City Council in accordance with the procedures set forth in Section 5.2.

(e)

Permit revocation. The City Manager may revoke a permit issued pursuant to this section if he finds that the business owner has:

1.

Deliberately misrepresented or provided false information in the permit application.

2.

Displayed or sold the merchandise in such a manner as to create a public nuisance or to constitute a hazard to the public health, safety or welfare; specifically including failure to keep the area clean and free of refuse.

3.

Failed to maintain any health, business or other permit or license required by law for the operation of the business.

4.

A permit may be revoked pursuant to Section 7-3.4. A permit revocation may be appealed to the City Council pursuant to Section 5.2.

(f)

Term, transfer, renewal, etc. Permits issued in accordance with the provisions of this section shall:

1.

Expire one year from the date of permit issuance.

2.

Not be transferable or assignable.

(D)

Sidewalk cafes:

(1)

Application. Any restaurant desiring to operate a sidewalk cafe shall prepare and file an application with the City Manager or his designee, which shall contain the following information:

(a)

The name, address and telephone number of the restaurant desiring to operate a sidewalk cafe.

(b)

The name, address and telephone number of the restaurant operator.

(c)

The type of food, beverage or food product to be sold and served at the sidewalk cafe.

(d)

The hours of operation of the restaurant and the proposed hours of operation of the sidewalk cafe.

(e)

A drawing or site plan showing the section with dimensions of sidewalk or pedestrian way to be used for the sidewalk cafe, and the section with dimensions to be kept clear for pedestrian use, and depicting the proposed placement and dimensions of tables, chairs, umbrellas, barricades, and other furnishings on the sidewalk or pedestrian way and any proposed openings or ingress/egress points to and from the outdoor dining area. The site plan shall be accompanied by photos or drawings of all components of the outdoor dining space to include type of furniture, umbrellas and type and dimensions of barricades.

(f)

Evidence of adequate insurance or other forms of security to hold the city and its taxpayers harmless from claims arising out of the operation of the sidewalk cafe, as determined by the City Manager. The North Carolina Department of Transportation must be listed as an additional insured if the sidewalk cafe is located adjacent to a state right-of-way.

(g)

An indemnity statement approved by the City Attorney, whereby the restaurant operator agrees to indemnify and hold harmless the city and its officers, agents, and employees from any claim arising from the operation of the sidewalk cafe. The North Carolina Department of Transportation must also be included in the indemnity statement for any sidewalk cafe operation located adjacent to a state right-of-way.

(h)

A copy of all permits and licenses issued by the state or the city, including health and ABC permits and business licenses, necessary for the operation of the restaurant business.

(i)

Federal Highway Administration approval for those sidewalk cafes physically located along Arendell Street.

(j)

A sworn statement describing any violation by the restaurant operator of any laws, regulations, or ordinances relating to the possession, sale, consumption or transportation of intoxicating beverages or controlled substances during the five (5) years immediately preceding the date of the permit application.

(k)

Such additional information as may be requested by the City Manager or his designee to determine compliance with this section.

(l)

A fee as provided in Morehead City's fee schedule to cover the cost of processing and investigating the application and issuing the permit.

(2)

Issuance of permit. No permit for the operation of a sidewalk cafe may be issued unless the application is complete and unless the following requirements are met:

(a)

The sidewalk cafe must be associated with an operating restaurant such that it is under the same management and shares the same food preparation facilities, restroom facilities and other customer convenience facilities as the restaurant.

(b)

The sidewalk cafe must be operated under the same name as the restaurant and may not be opened or operated at any time when the restaurant is not open for business.

(c)

The operation of the sidewalk cafe must be clearly incidental to the associated restaurant business.

(d)

The sidewalk café permit shall be valid for no more than one year and is not transferable or assignable.

(e)

The placement of tables, chairs and other furnishings, as shown in the drawing submitted with the site plan, must be done in such a manner not to extend more than five (5) feet from the property line, provided that at least four (4) feet of unobstructed space remains on the sidewalk or pedestrian way for the passage of pedestrians. Tables, chairs, and other furnishings associated with a sidewalk cafe located along a state right-of-way must be placed a minimum of six (6) feet from any travel lane in such a manner that at least five (5) feet of unobstructed space remains clear for the passage of pedestrians that complies with the Americans with Disabilities Act. Trees, poles, signs, sandwich board signs, planters, benches, hydrants, trash receptacles, tree grates, etc. are all considered obstructions. Provided, however, a tree grate shall not be considered an obstruction if:

1.

The owner of the sidewalk cafe pays the full cost of installing a tree grate approved as complying with the Americans with Disabilities Act as an acceptable surface for pedestrians and wheelchairs; and

2.

The owner maintains the grate so that it provides a smooth and level surface for passage.

(f)

The area designated for the sidewalk cafe shall be physically separated from the remaining sidewalk by visible, continuous barricades with a height of at least thirty-six (36) inches and no more than forty-two (42) inches. The barricades must be constructed of materials of a finished quality, including, but not limited to, planters, picket fences or velvet ropes.

1.

Although a wide variety of styles and designs are permitted to be used for outdoor dining barricades, metal or wood sectional fencing is encouraged due to its portability and its inability to be shifted by patrons or pedestrians.

2.

Bases for the vertical supporting device of a barricade shall be flat and measure no more than one-half (½) inch above the sidewalk surface in order to not become a tripping hazard.

3.

Planters may be used in addition to or in place of other barricade designs, provided the planter does not exceed a height of thirty-six (36) inches above the level of the sidewalk and the plants may not exceed a height of one hundred eight (108) inches (eight (8) feet) above the sidewalk. The planter should be in line with the barricade with no portion extending into the unobstructed sidewalk space. Planters with artificial plants, dead plants, only ground cover (i.e., mulch, dirt, etc.) and planters that are empty must be removed.

4.

Barricades must be freestanding and easily removable.

5.

Any access opening within the barrier must measure no less than forty-four (44) inches in width and should clearly distinguish the sidewalk cafe from the sidewalk or pedestrian way.

(g)

The restaurant seeking to operate the sidewalk cafe must front on and open onto the sidewalk or pedestrian way proposed for the sidewalk café. The placement of tables, chairs and other furnishings may not extend beyond the sidewalk or pedestrian way frontage of the associated restaurant. Two (2) or more tables must be contained within visible barricades. The maximum posted speed permitted on the roadway adjacent to the right-of-way to be used for a sidewalk cafe operation shall not be greater than forty-five (45) miles per hour.

(h)

The tables, chairs, barricades and other furnishings used in the sidewalk cafe shall be of a type that is easily removed from the public right-of-way. Tables, chairs, barricades and other furnishings used in the operation of the sidewalk cafe shall not obstruct any driveway, alleyway, building entrance or exit, emergency entrance or exit, fire hydrant or standpipe, utility access, ventilation area, or ramp necessary to meet accessibility requirements under the Americans with Disabilities Act and must be removed within twenty-four (24) hours of notice from the city. If such items are not removed within twenty-four (24) hours' notice, the city shall have the right to remove and dispose of these items and may assess the property owner for the cost of such removal and disposal. The city shall also have the right to remove such items immediately in emergency situations. The city shall not be responsible for damage to the public sidewalk cafe barricades and furnishings under any circumstances.

(i)

Except as elsewhere permitted, the operation or furnishing of the sidewalk cafe shall not involve any permanent alteration to or encroachment upon any street, sidewalk or pedestrian way or to the exterior of the associated restaurant. The owner of the sidewalk cafe shall be responsible for repairing any incidental damage to public sidewalks resulting from the operation of the sidewalk cafe.

(j)

The sidewalk cafe shall only be open when the restaurant is open. After such hours, the furnishings of the sidewalk cafe shall be removable. No person shall consume alcoholic beverages in a sidewalk cafe after such hours.

(k)

Alcoholic beverages. Notwithstanding the provisions of Section 10-38 of the Code of Ordinances, alcoholic beverages may be served and consumed at sidewalk cafes providing the following requirements are met:

1.

The sidewalk café shall be part of a restaurant as defined in Subsection 12-2.5(D)(4) and shall otherwise be authorized, permitted or licensed under the state law and city codes to serve and sell alcoholic beverages for on-premises consumption.

2.

The portion of the sidewalk cafe where alcohol is or may be served shall be enclosed by clearly visible barricades and shall have not more than two (2) points of ingress or egress.

3.

The sidewalk cafe must be included as part of the premises for which an ABC permit is issued pursuant to G.S. 18B-1001 for the purposes of applying and enforcing state laws regarding the sale or consumption of alcoholic beverages.

4.

Signs shall be posted, visible at all exit points from the sidewalk cafe, that it is unlawful to remove alcoholic beverages in open and unsealed containers from the premises.

5.

The restaurant operator shall not have violated any law, regulation or ordinance relating to the possession, sale, transportation or consumption of intoxicating beverages or controlled substances for the five (5) years preceding the commencement of the sale of alcoholic beverages at the sidewalk cafe.

(l)

Denial. A permit may be denied if it is found that the granting of the permit would not be in the public interest. Any applicant denied a permit to operate a sidewalk cafe shall receive a written statement, outlining the grounds on which the denial is based. The applicant may appeal the denial of the permit to the City Council in accordance with the procedures set forth in Section 5.2.

(m)

Permit revocation. The City Manager may revoke a permit issued pursuant to this section, if he finds that the restaurant operator has:

1.

Deliberately misrepresented or provided false information in the permit application.

2.

Violated any provision of the Morehead City codes or county health department regulations.

3.

Violated any law, regulation or ordinance regarding the possession, sale, transportation or consumption of intoxicating beverages or controlled substances.

4.

Operated the sidewalk cafe in such a manner as to create a public nuisance or to constitute a hazard to the public health, safety or welfare, specifically including failure to keep the sidewalk cafe area clean and free of refuse.

5.

Failed to maintain any health, business or other permit or license required by law for the operation of a restaurant business.

6.

A permit may be revoked pursuant to Section 7-3.4. A permit revocation may be appealed to the City Council pursuant to Section 5.2.

(n)

Reserved.

(o)

Furniture and fixtures. A wide range of furniture styles, colors and materials are permitted, however smaller, space-efficient furniture is recommended.

1.

All furniture and fixtures must be maintained in good visual appearance, without visible fading, dents, tears, rust, corrosion or chipped or peeling paint.

2.

All furniture and fixtures must be maintained in a clean condition at all times.

3.

All furniture and fixtures must be durable and of sufficiently sturdy construction as not to blow over with normal winds.

4.

Furniture and fixtures shall not be secured to trees, lampposts, street signs or any other street infrastructure whether during restaurant operating hours or at times when the restaurant is closed.

5.

Furniture other than tables, chairs and umbrellas is prohibited in sidewalk cafes.

6.

Tables:

a.

The size and shape of tables strongly affects the functionality of an outdoor dining area.

b.

Square or rectangular tables are encouraged because they fit flush against a building's wall and can permit more useable surface area for patrons while at the same time, leave more space available for pedestrians.

c.

Smaller, space-efficient tables are encouraged over larger tables.

d.

Tables may be colored or of a natural material. Plastic tables shall not be permitted unless covered with a tablecloth.

7.

Chairs:

a.

Chairs may be colored or of a natural unpainted material and may be upholstered. White plastic or fluorescent chairs are not permitted.

b.

All chairs used within a particular establishment's outdoor seating area must match each other by being of visually similar design, construction and color.

c.

Seating capacity is limited to 50% of the interior seating capacity of the associated restaurant.

8.

Umbrellas:

a.

Umbrellas that are appropriately designed and sized are permitted.

b.

Umbrellas must be free of advertisements and be contained within the outdoor dining area with the lowest dimension, including fringe and other ornamentation, being at least seven (7) feet above the sidewalk surface and no higher than ten (10) feet above the level of the sidewalk.

c.

Umbrellas and other shading devices shall not infringe on the free movement of pedestrians along the sidewalk.

d.

Umbrella colors must blend appropriately with the surrounding built environment and are recommended to be of one solid color.

e.

Market style umbrellas are encouraged.

f.

Umbrella covers must not be made of a rigid material.

9.

Fixtures—Misters and gas heaters:

a.

Misters for cooling and gas heaters for heating shall be permitted.

(3)

Pedestrian way. An improved walk or passageway intended for use by pedestrians, but not adjacent to any city street.

(4)

Restaurant. For purposes of Subsection 12-2.5(D), a restaurant located along a state right-of-way is defined as a food or lodging establishment that prepares and serves drinks or food as regulated by the N.C. Commission for Public Health pursuant to G.S. 130A-247. A restaurant located on a city street is defined for purposes of Subsection 12-2.5(D) as an establishment, such as a retail store, which has a lunch counter or other section where food and beverage is sold to be consumed on the premises. This definition does not include food vendors selling food as part of a festival or nonprofit event.

(5)

Restaurant operator. The person, firm or corporation operating a restaurant and associated sidewalk cafe. As used in this section, this definition includes the owner and manager, if different from the owner of the restaurant and associated sidewalk cafe.

(6)

Sidewalk. That portion of a public street between the curb line, or the lateral lines of the roadway if there is no curb and the adjacent property line that is intended for the use of pedestrians.

(7)

Premises. All areas, whether inside or outside the licensed premises, where the permittee has control of the property through a lease, deed or other legal process in accordance with G.S. 18B-101(12a).

12-2.6

Solid waste receptacles on sidewalks. The city's public works director may issue a permit for the placement of privately owned receptacles for trash and garbage at specified locations along publicly owned rights-of-way on a sidewalk, sidewalk area, alley or shoulder, provided the location and placement of the receptacles do not endanger the public health and safety. No more than two (2) receptacles shall be permitted along any one (1) side of a street within any four hundred (400) lineal feet of right-of-way. Upon issuance of a permit, the owner shall accept full responsibility and liability for maintaining and emptying the receptacles, and shall comply with all conditions to the permit.

12-2.7

Public benches, chairs, planters and other street furniture on sidewalks. No person, firm or corporation shall erect, place or maintain any benches, chairs, planters or other street furniture on any publicly owned rights-of-way except that property owners may submit written requests to the City Manager for the installation of street furniture, inclusive of benches, chairs, planters or other street furniture in front of their property or business establishment. The cost of the street furniture and installation will be at cost as outlined in the city's fee schedule. The following criteria shall be met:

(A)

The use of benches, chairs or planters and other street furniture should be designed to enhance and blend in with the surroundings. Street furniture shall not be permitted if it endangers the public health and safety or prohibits pedestrian passage along the public right-of-way entrance to any establishment.

(B)

No street furniture may be placed in any location whereby the clear, unobstructed space for the passageway of pedestrians is reduced to less than four (4) feet as measured from the street edge of the sidewalk. Trees, poles, signs, hydrants, trash receptacles, tree grates, etc. are all considered obstructions.

(C)

Street furniture shall be anchored and becomes city property upon installation.

(D)

The owner of the building in front of which the street furniture is placed is required to maintain the street furniture and the area surrounding its placement in a clean and safe condition.

Application for street furniture and installation shall be made on forms provided by the city to the public works department. The application shall be accompanied by information showing the type of furniture to be placed and its proposed location. In addition to any application fees, the applicant shall be responsible for the cost and installation of the street furniture. The amount of such fees shall be set forth in the city's fee schedule.

Permits issued for street furniture pursuant to this section shall be considered separate from permits and requirements for other right-of-way usage permits such as sidewalk cafes and sandwich board signs. The City Manager, or designee, may limit the number of permits available at each business location.

Permits issued pursuant to this section may be revoked due to public need of the right-of-way, noncompliance with the provisions of this section, or any other reason deemed sufficient to the city. The city shall have the right to remove and dispose of such street furniture.

The use of the term "street furniture" in this section shall include benches, chairs, planters and other street furniture.

12-2.8

Newspaper vending racks on sidewalks. No person, firm or corporation shall erect, place, maintain, or operate any newspaper vending rack on any publicly owned rights-of-way on a sidewalk, sidewalk area, shoulder or alley without first having obtained a permit from the city. The City Manager, or designee, may issue a permit for the placement of newspaper vending racks at designated locations along publicly owned rights-of-way on a sidewalk, sidewalk area, shoulder or alley provided the following criteria are met:

(A)

The location should be at least twenty (20) feet from any intersection and at least five (5) feet from any crosswalk or fire hydrant.

(B)

No newspaper vending rack may be placed where the unobstructed space for the passageway of pedestrians is reduced to less than four (4) feet. Trees, poles, signs, hydrants, trash receptacles, tree grates, etc. are all considered obstructions.

(C)

Racks displaying different newspapers are encouraged to locate together.

(D)

No newspaper vending rack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein.

(E)

Newspaper vending racks may not be chained, bolted or otherwise attached to any pole, sign or other fixture located in the public right-of-way, with the exception of other newspaper vending racks.

(F)

All newspaper vending racks will be maintained in a neat and clean condition and in good repair at all times. Specifically, each newspaper vending rack shall be serviced and maintained so that:

(1)

It is free of dirt and grease.

(2)

It is free of chipped, faded, peeling and cracked paint in the visible painted areas thereon.

(3)

It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.

(4)

The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and free of cracks, dents, blemishes and discoloration.

(5)

The paper and cardboard parts or inserts thereof are free of tears, peeling or fading.

(6)

The structural parts are not broken or misshapen.

(G)

The owner or lessee of the newspaper vending rack is also required to maintain the area surrounding the rack in clean condition and to remove all unsold newspapers regularly.

(H)

If the use of the rack is discontinued for thirty (30) consecutive days, it shall be declared abandoned and may be removed and disposed of by the city. The city shall have the right to remove and dispose of such vending rack and may assess the owner or lessee of the vending rack for the cost of removal and disposal.

(I)

Any person, firm or corporation receiving a permit to locate a newspaper vending rack on a publicly owned right-of-way shall have the permit number, name, address and telephone number affixed in a permanent waterproof manner to the rack in a place where such information may be easily seen.

(J)

Applications for a permit shall be made on forms provided by the public works department. An annual permit fee shall be paid by the owner or lessee of the vending rack for the placement of each newspaper rack at an approved location. The amount of the fee shall be set forth in the City's fee schedule.

(K)

Permits issued pursuant to this section may be revoked due to public need of the right-of-way or noncompliance with the provisions of this section. Permits may be revoked pursuant to Section 7-3.4. A permit revocation may be appealed to the City Council pursuant to Section 5.2.

12-2.9

Awnings and canopies. No awning or canopy shall be erected, suspended or maintained over or across any street or public sidewalk by any person until a permit has been duly issued by the city.

A person desiring a permit as required in this section shall file an application therefor with the Planning Department. Such application shall be accompanied by drawings and specifications indicating the location, place of erection, suspension or maintenance, method of fastening and full dimensions.

A permit for the erection, suspension or maintenance of an awning or canopy issued pursuant to an application filed as provided in this section shall indicate the location, place of erection, suspension or maintenance, method of fastening and full dimensions and shall also include such other terms and conditions as the city may deem proper.

It shall be unlawful for any person to erect, suspend or maintain over or across any sidewalk or public street, or any part of either, any awning or canopy unless such awning or canopy is securely fastened to a building and firmly supported by adequate metal braces and brackets and with such vertical supports as may be required by the city in the interest of public safety.

No part of the awning or canopy shall be lower than nine (9) feet from the surface of the sidewalk or street.

(Ord. No. 2023-O-16, § 2, 10-10-2023; Ord. No. 2025-O-04, 1-14-2025)