a.   The setback requirements of these regulations shall not prohibit any necessary retaining wall or prohibit any planted buffer strip, fence or wall. However, no fence or wall shall exceed a height of four feet in any front or side yard forward of the front building line.

   b.   Fences and planted buffer strips may encroach inside utility and drainage easements provided that any encroachment will not damage or impede the use of the easement for utilities, drainage or other intended use of the easement. Should at any time the utilities, drainage or other appropriate use of the easement requires maintenance, construction or access, the encroachment shall be immediately removed by the owner or agent at the expense of the owner or agent. Should the encroachment not be immediately removed, then the town, utility or any other one entitled to the use of the easement may cause the removal of the encroachment to the extent necessary and shall not be liable for any damages caused by the removal.

(Ord. Z2013-01, passed 9-12-2013)

   a.   In no case shall any fence, wall, hedge or screen planting be located or constructed so as to cause a hazard to the movement of vehicles or pedestrians, as determined by the Director of Public Works or Zoning Administrator.

   b.   Barbed wire and electrified fences are prohibited in all residential districts or within 15 feet thereof, except in R-20 District or when higher than five feet above grade, such as top strand of a fence where protection or security is clearly required for uses such as utility facilities, and approved by the Zoning Administrator. Pet or animal containment electric pulse type fences may be permitted on the owner’s side of a fence or barrier such as a wood stockade type fence so long as reasonable care is provided to not be an attractive nuisance or hazard to persons on the opposite side of the fence.

(Ord. Z2013-01, passed 9-12-2013)

   Penthouses or roof structures for the housing of elevators, stairways, tanks, HVAC systems or other similar appurtenances required to operate and/or maintain a building, skylights, amateur radio and citizens band radio towers. Any radio towers in commercial or industrial districts, steeples, flag poles, chimneys, satellite dish antennas, telecommunication services antennas in stealth format in residential districts, water tanks, silos and similar structures excluding signs may be erected above the height limits specified herein; however, no penthouse or roof structure or any space above the height limit shall be allowed for the purpose of providing human occupancy.

(Ord. Z2013-01, passed 9-12-2013)

   Any lot of record existing at the time of the adoption of this ordinance, which has an area or a width, which is less than required by this ordinance, shall be subject to the following exceptions and modifications.

(Ord. Z2013-01, passed 9-12-2013)

   Where two or more adjoining lots with continuous frontage are in one ownership at any time after the adoption of this ordinance, and such 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 such group of lots shall be considered as a single lot or several lots of minimum permitted area and width for the district in which located.

(Ord. Z2013-01, passed 9-12-2013)

   Except as set forth in § 11-3.1 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, depth or a width which is less than required by these regulations may be used as a building site for a single-family dwelling.

(Ord. Z2013-01, passed 9-12-2013)

   a.   Except as set forth in § 11-3.1 above, where a lot has a width less than that required in the district in which it is located, then the Zoning Administrator shall be authorized to reduce the side yard requirements for such lot provided that no side yard shall be less than eight feet wide. No side yard shall be required for townhouse units from the newly created lot line dividing a townhouse in compliance with Article III, § 3-4.1 of this ordinance.

   b.   The location of required yards on irregular shaped lots shall be determined by the Zoning Administrator. The determination will be based on the spirit and intent of this ordinance to achieve an appropriate spacing and location of buildings on individual lots.

(Ord. Z2013-01, passed 9-12-2013)

   a.   All developers of a tract, where one or more acre is disturbed, shall apply to North Carolina Department of Environmental and Natural Resources, Division of Land Quality, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, for a sedimentation, erosion and storm water control permit.

   b.   Permits from the town shall not be issued for land disturbing activities that exceed one acre until sedimentation control permits or exemptions have been obtained.

   c.   Permits issued by the Town of Newport do not exempt any project from the requirements or permits of any other office, i.e.: U.S. Army Corp of Engineers; CAMA (Major or Minor); or Division of Environmental Management (DEM).

   d.   The following controls may be above and beyond that required by DEM or other offices.

      1.   Erosion control shall be practiced on sites less than one acre.

      2.   All graded slopes and fills will be on a three to one slope minimum (three feet of run to every one foot rise) unless substantiated by good engineering design and approved by the Zoning Administrator.

      3.   Silt fences shall be used where sheet flow will create an erosion problem. Silt fences will not be allowed to control erosion in a channel flow situation.

      4.   A filter check dam and sump will be required to control erosion in a channel flow situation.

      5.   A gravel construction exit is required at all points where construction traffic encounters a paved road.

      6.   Sediment shall be controlled on site by an approved method, at all cost, regardless of who is responsible.

      7.   Spoil from any site shall be disposed of in an approved landfill.

      8.   All denuded areas shall be stabilized within 30 days of completion of any land-disturbing activity or prior to issuance of the certificate of occupancy.

   e.   The soil erosion and sedimentation controls are performance orientated and are the minimum required for the protection of the natural resources and adjoining properties. If following the commencement of the project it is determined that the planned controls are inadequate, the Zoning Administrator may require revisions of the plan and its implementation to ensure compliance with this chapter.

   f.   During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this ordinance or the Act. After site development, the landowner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures except those measures installed within a road or street right-of-way or easement accepted for maintenance by a governmental agency.

   g.   Where permanent maintenance of sedimentation and storm water runoff systems are approved by DEM, the Town Council may impose additional requirements for detention ponds and drainage ditches to minimize flooding and to assure continued maintenance which may, but are not limited to:

      1.   Require dedication to the public; and

      2.   Require and/or approve a homeowners association.

   h.   Notwithstanding previous provisions when it is determined that severe off-site erosion and/or sedimentation occur as a result of any land-disturbing activity, regardless of the size of the site, remedial action shall be taken within a reasonable time period after notification. Notification of violation shall be submitted in writing by the Zoning Administrator and receipted by the owner or agent responsible for the damage.

(Ord. Z2013-01, passed 9-12-2013)

   All uses and operations except activities customarily conducted out of doors such as service stations, parking, loading, etc., shall be conducted within a completely enclosed building unless specific approval is granted through site plan review for outside display or maintenance. This prohibition shall not prohibit the sidewalk display of goods during normal store hours provided that all display items and/or merchandise whether for sale or not is removed from the front yard or is not visible to the street after hours of operation.

(Ord. Z2013-01, passed 9-12-2013)

   The use of camp cars, campers, manufactured homes, recreation vehicles, travel coaches or travel trailers for commercial, industrial or professional purposes is prohibited. All above named vehicles, when occupied, shall be located within an approved manufactured home park. OCCUPIED shall mean any full- or part-time habitation for any purpose. Manufactured (mobile homes) shall not be stored, kept or maintained whether or not occupied, on any lot in any zoning district not permitting such manufactured home. The following exceptions shall apply:

   a.   Recreation vehicles or tents as listed above, except manufactured homes, may be occupied in conjunction with any residential dwelling such as for guests accommodations for a period not to exceed 30 days. The Zoning Administrator may permit one 30-day extension;

   b.   Trailers used in conjunction with temporary, recurring outdoor or open land commercial uses, such as charitable activities, Christmas tree sales, recreation or entertainment activities upon approval of the Zoning Administrator;

   c.   Trailers used as construction shacks or on-site field offices at a construction site upon approval of the Building Inspector;

   d.   Nothing in this section shall be intended to exclude home occupations as an accessory use in a manufactured home within an authorized manufactured home park or lot;

   e.   Manufactured homes may be permitted on lots zoned R-20 and R-20MH;

   f.   Only one manufactured home may be permitted on the approved lot and a manufactured home shall not be permitted on a lot in conjunction with any other residential house. This does not preclude two or more manufactured homes from being connected together to form one single-family dwelling unit;

   g.   No person shall install or cause the installation of any manufactured home (mobile home) within the zoning jurisdiction of the town unless the manufactured home is Wind Zone III rated;

   Exception

      The exception to this part is found in North Carolina Regulations for Manufactured Homes § 3.4.6 which exempts homes manufactured prior to July 13, 1994 from the Wind Zone III requirement. However, manufactured homes manufactured prior to July 13, 1994 shall be rated Wind Zone II. Wind Zone I homes shall not be permitted unless exempted per § 3.4.4 of the North Carolina Regulations for Manufactured Homes.

   h.   A manufactured (mobile home) that is wind rated less than Zone III and manufactured after July 13, 1994 and is legally installed within the town’s jurisdiction may be moved or relocated from one dwelling location to another permitted dwelling location within an approved zoning jurisdiction;

   i.   The Building Inspector may make an inspection of the manufactured home prior to issuing a permit to locate or install the manufactured home within the town’s jurisdiction to determine if the home is in compliance with the ordinance dealing with minimum housing standards and the unit can be properly set up. The Building Inspector may deny the issuance of the certificate of occupancy on the basis of noncompliance with the Minimum Housing Standards Ordinance, any other relevant town ordinance or North Carolina Building Code; and

   j.   Manufactured homes (mobile homes) shall not be used as storage units or in any other manner not originally intended.

(Ord. Z2013-01, passed 9-12-2013)