In interpreting and applying these regulations, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of these regulations. Except as provided herein, these regulations shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any easements, covenants, deed restrictions, or other agreements between parties. (Wherever the provisions of these regulations impose greater restrictions upon the use of the land or buildings or require a larger percentage of lot to be left unoccupied than the provisions of other ordinances, rules, regulations, permits, or any easements, covenants, or deed restrictions, then the provisions of these regulations shall govern.)

There shall be no more than one (1) principal residential use upon any lot except as provided in
Article 9.

No yard shall be encroached upon or reduced in any manner except in conformity with these regulations. No yard for one (1) principal building shall be considered as a yard for any other principal building. Shrubbery, driveways, retaining walls, fences, curbs, ornamental objects, and planted buffer strips shall not be construed to be encroachments on yards. Eaves shall be allowed to project into a minimum required yard no more than twenty-four (24) inches.

No building shall be erected on a lot which is not contiguous to an open public or private street, alley, limited street, shared driveway, or other lawful access which is owned, operated, and improved in accordance with all applicable laws and regulations.

Multifamily housing approved in accordance with the applicable regulations is exempt from this section.

(Ord. No. 2022-O-15, § 3, 10-11-2022)

In the case of a corner lot having frontage on two (2) or more streets, all buildings shall be set back from such street a distance equal to the minimum front yard requirements for the district. Exception: A residentially-zoned lot having frontage on three (3) streets with one (1) side yard may be allowed to reduce the front yard requirements in accordance with subsection 14-3(C). This exception shall not apply to multifamily developments.

(Ord. No. 2022-O-07, § 2, 6-14-2022)

If a use or class of uses is not specifically indicated as being allowed in a district, either as a matter of right or as a special use, then such use or class of uses is prohibited in such district.

Prior to the issuance of any initial zoning permit or zoning change permit, the Land Use Administrator and local CAMA inspector shall certify that the proposed use or structure complies with development standards of the "State Guidelines for Areas of Environmental Concern" prior to issuing any zoning permit.

When any requirements of this Ordinance results in a fraction of a unit, a fraction of one-half (½) or more will be rounded up and considered a whole unit. Fractions of less than one-half (½) will be rounded down to the next whole unit. For example, when the determination of the number of dwelling units permitted on a lot results in a fraction of a dwelling unit, a fraction of one-half (½) or more will be considered a dwelling unit and a fraction of less than one-half (½) will be disregarded.

This section does not apply to minimum lot size requirements.

In the event that a waterfront lot can only be accessed from an alley, the front lot line shall be considered along the waterfront, the side lot lines shall parallel the north/south alley and the rear lot line shall be opposite the front lot line.

(Ord. No. 2022-O-15, § 4, 10-11-2022)

A lot which abuts a waterfront street end shall be treated as a corner lot. Front setbacks shall be met along the street front and waterfront lot lines. In the case of a waterfront lot with frontage on three (3) sides, subsection 14-3(C) shall apply.

(Ord. No. 2022-O-07, § 3, 6-14-2022)

9-11.1

[Established.] The following residential districts are hereby established: R-5, R-5S, R-7, R-10, R-15, R-15M, R-15SM, R-20, and RMF. Each of these districts is designed and intended to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in nonresidential districts. Other objectives of some of these districts are explained in the remainder of this section.

9-11.2

R-5 Residential District. The purpose of this district shall be to maintain a minimum lot size of five thousand (5,000) square feet, a density of not more than eight (8) dwelling units per acre to allow single-family dwellings and such other uses that will not interfere with the development of residences in the district and which would not be detrimental to the quiet residential nature of the areas included within the district, and to prevent the development of blight and slum conditions.

9-11.3

R-5S Single-Family Residential District. The purpose of this district shall be to maintain a minimum lot size of five thousand (5,000) square feet, a density of not more than eight (8) dwelling units per acre to allow only single-family dwellings and such other uses that will not interfere with the development of residences in the district which would not be detrimental to the quiet residential nature of the areas included within the district; and to prevent the development of blight and slum conditions.

9-11.4

R-7 Single-Family Residential District. The purpose of this district shall be to maintain a minimum lot size of seven thousand (7,000) square feet, a density of not more than six (6) dwellings units per acre; to allow for single-and two-family dwellings and such other uses allowed as special uses which would not interfere with single-family and two-family residences in the district and which would not be detrimental to the quiet residential nature of the areas included within the district; and to prevent the development of blight and slum conditions.

9-11.5

R-10 Single-Family Residential District. The purpose of this district shall be to maintain a minimum lot size of ten thousand (10,000) square feet, a density of not more than four (4) dwelling units per acre; to allow for single-family dwellings and such other uses allowed as special uses which would not interfere with single-family residences in the district and which would not be detrimental to the quiet residential nature of the areas included within the district; and to prevent the development of blight and slum conditions.

9-11.6

R-15 Single-Family Residential District. The purpose of this district shall be to maintain a minimum lot size of fifteen thousand (15,000) square feet, a density of not more than two and one-half (2.5) dwelling units per acre; to allow for single-family dwellings and such other uses allowed as special uses which would not interfere with single-family residences in the district and which would not be detrimental to the quiet residential nature of the area included within the district; and to prevent the development of blight and slum conditions.

9-11.7

R-15M Single-Family Residential/Manufactured Home District. The purpose of this district shall be to maintain a minimum lot size of fifteen thousand (15,000) square feet, a density of not more than two and one-half (2.5) dwelling units per acre; to allow for single-family dwellings and such other uses allowed as special uses which would not interfere with single-family residences in the district and which would not be detrimental to the quiet residential nature of the area included within the district; and to prevent the development of blight and slum conditions.

9-11.8

R-15SM Single-Family Residential/Single-Family Manufactured Home District. The purpose of this district shall be to maintain a minimum lot size of fifteen thousand (15,000) square feet, a density of not more than two and one-half (2.5) dwelling units per acre; to allow for single-family dwellings and single-family manufactured homes on individual lots and such other uses as listed which would not interfere with single-family in the district and which would not be detrimental to the quiet residential nature of the areas included within the district; and to prevent the development of blight and slum conditions.

9-11.9

R-20 Single-Family Residential District. The purpose of this district shall be to maintain a minimum lot size of twenty thousand (20,000) square feet, a density of not more than two (2) dwelling units per acre; to allow for single-family dwellings and such other uses allowed as special uses which would not interfere with single-family in the district and which would not be detrimental to the quiet residential nature of the areas included within the district; and to prevent the development of blight and slum conditions.

9-11.10

RMF Residential Multifamily District. The purpose of this district shall be to provide and protect areas deemed necessary or desirable for multifamily use and uses customarily related to multifamily residences. A residential multifamily district shall be composed of not less than three (3) contiguous acres. Existing alleys may be included in the computation of acreage. Dedicated streets shall not be computed as part of the district, and areas separated by dedicated streets shall not be considered contiguous. The entire city block shall be located entirely above the mean high water mark.

All contiguous additions to residential multifamily (RMF) districts shall be not less than three (3) acres unless such addition is a continuance of an existing multifamily development and is connected by a common street/parking system which is under one (1) ownership. If the contiguous addition is under the same ownership as the established multifamily development and continues the multifamily development and is connected by a common street/parking system, the addition may be less than three (3) acres.

9-12.1

[Established.] The following commercial districts are hereby established: CD, CM, DB, CN and CH. These districts are created to accomplish the purposes and serve the objectives set forth in the remainder of this section.

9-12.2

CD Downtown Commercial District. The purpose of this district is to create an active street life; enhance the vitality of businesses and encourage pedestrian and vehicular traffic by encouraging residential uses in conjunction with commercial activities; strengthen the city's economic base and provide employment opportunities close to home for the residents of the city; ensure that commercial and residential uses in a development are designed to be compatible with each other; ensure that the appearance and effects of buildings and uses are harmonious with the character of the area in which they are located. Development in the CD District is subject to the requirements set forth in Section 12-2.

9-12.3

CM Commercial Marina District. The purpose of this district is to promote the tourist and marina character of waterfront areas that attract tourists to the Morehead City area. Only those uses that will support and complement the marina and commercial fishing atmosphere shall be allowed in this district.

9-12.4

DB Downtown Business District. The purpose of this district is to promote a diversified central business district that is pedestrian friendly and serves both city residents and visitors. It serves as a center for shopping, dining, fishing, diving and arts and entertainment. Mixed use (commercial and residential) developments that are located within the district shall be designed to be compatible with the surrounding business community. Development in the DB district is subject to the requirements set forth in Section 12-2.

9-12.5

CN Commercial Neighborhood District. The purpose of this district shall be to provide convenient shopping facilities which have a low impact on surrounding residential properties.

9-12.6

CH Highway Commercial District. The purpose of this district shall be to provide for and encourage the proper grouping and development of roadside uses which will best accommodate the needs of the motoring public and of business demanding high volume traffic.

9-13.1

[Established.] The following districts are hereby established primarily to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovation, painting, cleaning, or assembling of goods, merchandise, or equipment: I and PM. These districts are created to accomplish the purposes and serve the objectives set forth in the remainder of this section.

9-13.2

I Industrial District. The purpose of this district shall be to ensure that the public health, safety and welfare of the community is maintained by providing areas for uses which may produce excessive noise, odor, smoke, dust, airborne debris, or any other objectionable characteristic.

9-13.3

PM Port-Maritime District. The purpose of this district shall be to provide and protect areas for those uses associated with the operations of moving cargo and passengers. This district includes the transfer of cargo between ships and barges, trucks, trains, pipelines and docks/wharfs, as well as water, rail and motor passenger services. It is the joint responsibility of the State Port Authority, its local representatives and the City to work cooperatively to protect the quality of life and safety of the city's citizens and its economic competitiveness.

9-14.1

[Established.] The following office and institutional districts are hereby established: O&P, MA, and IC. These districts are created to accomplish the purposes and serve the objectives set forth in the remainder of this section.

9-14.2

O&P Office and Professional District. The purpose of this district shall be to create and maintain areas in which businesses and professional uses may be established between heavy commercial or industrial districts and residential districts or in other areas where appropriate.

9-14.3

MA Medical Arts District. The purpose of this district shall be to create and maintain areas in which hospitals and doctors' and dentists' offices and clinics may be compatibly mixed, in order that these related uses can be near each other for doctor and patient convenience, and in order that a healthful living environment in abutting residential areas will not be encroached upon.

9-14.4

IC Institutional Campus District. The purpose of this zoning district shall be to provide for the establishment of areas for a flexible mix of noncommercial uses related to the activities of schools, churches, and government on a tract of land not less than ten (10) acres in size with a minimum 200-foot frontage on a public road. An established district may be expanded to include contiguous lands without regard to the ten-acre minimum, so long as all land and structures within the district remain under the unified control of one (1) certified nonprofit organization or public authority.

9-15.1

Intent. It is the intent to establish a new planned development district (PD) for specialized purposes where tracts suitable in location, area, and character for the uses and structures proposed are to be planned and developed on a unified basis. Suitability of tracts for the development proposed shall be determined primarily by reference to the Morehead City comprehensive land use plan, but due consideration shall be given to the existing and prospective character of surrounding development.

The intent of this district is to permit flexibility from conventional development controls of use, setback, height, and minimum lot size requirements of other zoning districts while at the same time provide criteria for planned development based on performance.

Within the PD district, the regulations are designed to accomplish the purposes of zoning and the subdivision regulations to an equivalent or higher degree than where such regulations are designed to control unscheduled development on individual lots and to promote economical and efficient land use; an improved level of amenities, such as open space; appropriate and harmonious variety; creative design; and a better environment.

9-15.2

Planned Development, defined. For the purposes of these regulations, a planned development shall be:

(A)

Land under unified control and shall be planned and developed as a whole.

(B)

In a single development operation or a definitively programmed series of development operations, including all lands and buildings.

(C)

For principal and accessory structures and uses substantially related to the character and purposes of the district.

(D)

Developed according to detailed plans that include, but are not limited to, streets, utilities, lots, or building sites and the like and for all buildings as intended to be located, constructed, used, and related to each other.

(E)

Designed with a program for provision, operation, and maintenance of such areas, facilities, and improvements as will be for common use by some or all of the occupants of, or visitors to, the district, but such program will not be provided, operated, or maintained at general public expense.

9-15.3

Planned developments are subject to the requirements set forth in Section 12-1.

(Ord. No. 2023-O-14, § 2, 9-12-2023)

9-16.1

FP Floodplain District. The purpose of this district shall be to encourage the utilization of the floodplains by uses which would not be damaged or destroyed by high waters and to ensure proper watershed management procedures. Due to the environmentally sensitive nature of lands classified in the FP district, all uses, excepting governmental recreation uses, shall be considered as special uses. This will permit the City to review the size and scope of the project.

(Ord. No. 2025-O-04, 1-14-2025)

Density credits or severable development rights for dedicated rights-of-way shall be provided to a developer pursuant to N.C.G.S. § 136-66.10 or § 136-66.11. The City reserves the right to determine whether density credits or severable development rights shall be provided in any particular case.

(Ord. No. 2025-O-04, 1-14-2025)

The planning area is hereby divided into districts whose locations and boundaries are shown on the Zoning Map for Morehead City, which is hereby adopted by reference and declared to be a part of this Ordinance.

The map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the official seal of Morehead City under the following words: "This is to certify that this is the official Zoning Map referred to in Article 9, Part II of the Unified Development Ordinance for Morehead City, North Carolina." The date of adoption and subsequent amendments shall also be shown.

(Ord. No. 2025-O-04, 1-14-2025)

In the event that the official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret, the City Council may, by ordinance, adopt a new official Zoning Map which shall be the same in every detail as the map it supersedes. The new map shall bear the seal of the City under the following words: "This is to certify that this official Zoning Map supersedes and replaces the official Zoning Map adopted and referred to in Article 9, Part II of the Unified Development Ordinance for Morehead City, North Carolina." The date of adoption of the new official Zoning Map shall also be shown.

(Ord. No. 2025-O-04, 1-14-2025)

Upon notification by the City Council that a zoning change has been made, the City Manager shall cause to be made the necessary changes on the official Zoning Map within seven (7) calendar days of notification. The Land Use Administrator shall be responsible for the maintenance and revision of the official Zoning Map after being notified by the City Manager.

The Zoning Map shall be maintained for public inspection in the office of the Land Use Administrator. The official Zoning Map shall also be kept on file with the Clerk to the City Council. Copies of the Zoning Map may be reproduced by any method of reproduction that gives legible and permanent copies and, when certified by the clerk to the City Council in accordance with N.C.G.S. § 160A-79, shall be admissible into evidence and shall have the same force and effect as would the original map.

NOTE: See Article 24 for Amendment Criteria.