The New Bern commercial waterfront overlay district is hereby established as a district which overlays existing zoning districts, the extent and boundaries of which are as indicated on the official zoning map for the City of New Bern. The boundaries of the New Bern commercial waterfront overlay district are as shown on the official zoning map, which are the same as shown on the plat entitled "Proposed Commercial Waterfront Overlay District Boundary," prepared by the planning department of the City of New Bern, bearing date February 10, 2004, a copy of which is on file in the office of the director of planning and inspections of the City of New Bern."

(Ord. No. 2004-6, § 2, 2-10-04)

The New Bern residential waterfront overlay district is hereby established as a district which overlays existing zoning districts, the extent and boundaries of which are as indicated on the official zoning map for the City of New Bern. The boundaries of the New Bern residential waterfront overlay district are as shown on the official zoning map, which are the same as shown on the plat entitled "Proposed Residential Waterfront Overlay District Boundary," prepared by the planning department of the City of New Bern, bearing date January 1, 2021, a copy of which is on file in the office of the director of development services of the City of New Bern.

(Ord. No. 2004-6, § 2, 2-10-04; Ord. No. 21-009, § 1, 2-9-21)

The creation of the waterfront districts in no way affects the permitted uses established for each of the several zoning classifications found in the land use ordinance of the City of New Bern.

(Ord. No. 2004-6, § 2, 2-10-04)

(a)

Height shall be defined as the vertical distance between mean sea level and the highest point of a building.

(b)

Structures within the residential waterfront overlay district shall observe the dimensional and other regulations of the land use ordinance of the City of New Bern, except as follows:

(1)

No new building or structure shall exceed a height of 45 feet.

(2)

Except as provided in sub-section (d), no existing building or structure may be increased in height beyond the limitation hereby imposed, but the fact that an existing structure exceeds this height limitation shall not be construed to make said structure "nonconforming" as the term is used in this ordinance.

(c)

Structures within the commercial waterfront overlay district shall observe the dimensional and other regulations of the land use ordinance of the City of New Bern, except as follows:

(1)

No new building or structure shall exceed a height of 60 feet. In no event shall the top of any roof of a building or structure, excluding rooftop appurtenances not intended as places of occupancy or storage such as spires, cupolas, and towers, exceed a height of 66 feet above mean sea level. Rooftop appurtenances as described herein shall not exceed a height of 75 feet above mean sea level, and shall not exceed five percent of the horizontal roof area measured at the cornice line or finished roof surface.

(2)

Except as provided in sub-section (d), no existing building or structure may be increased in height beyond the limitation hereby imposed, but the fact that an existing structure exceeds this height limitation shall not be construed to make said structure "nonconforming" as the term is used in this ordinance.

(d)

Existing buildings or structures may exceed the height limitations established herein if elevated to meet the regulatory flood protection elevation requirements of article XVI, provided:

(1)

There is no increase of the building envelope, bulk or mass of the original building or structure; and

(2)

The building or structure is not elevated beyond the minimum standards established by the regulatory flood protection elevation as defined in section 15-270.

(e)

All new buildings or structures, located in the commercial and residential waterfront overlay districts shall comply with the requirements of article XXI.

(f)

All residential or nonresidential buildings hereafter constructed on property in the city which adjoins the Neuse River, Trent River, or Lawson Creek, and is in the city commercial or residential waterfront overlay districts, shall be set back a minimum distance of 35 feet from the edge of the river or creek on which it fronts, measured at a time when the water is at its normal level. "Normal level" is considered "mean water level," as the same is defined in section .0700, Technical Appendix 1, "Definition for Public Trust Areas in the North Carolina Administrative Code," which states:

(1)

In bodies of water having less than six inches lunar tidal influence, and excluding tropical storm and hurricane conditions, mean water level is the average height of all water levels.

(2)

In the absence of more precise data, relatively close approximation of the mean water level may be assumed to be the physical water level on the site, provided:

(i)

The body of water is within its normally established banks or shoreline which may be determined by inspection of vegetative and soil character indicators.

(ii)

No precipitation of one-inch or more has occurred upstream of the project site in the seven-day period preceding the determination.

(iii)

No sustained winds in excess of 12 knots has occurred within a 50 mile radius of the project site in the three-day period preceding the determination.

(Ord. No. 2004-6, § 2, 2-10-04; Ord. No. 2004-28, § 1, 4-27-04; Ord. No. 16-047, § 81, 9-13-16; Ord. No. 21-009, § 2, 2-9-21)