The following supplemental regulations shall pertain to the uses listed in the Table of Uses and Activities located in Article 6 which are identified with a PS or SS for supplemental regulations.

(Ord. of 10-9-2018; Amend. of 4-11-2023(2))

7.2.1. Accessory buildings/structures with all dimensions 12 feet or less are exempt from detailed plans, specifications, and certified survey submittal. Zoning permits and inspections of tie downs and setbacks are still required.

7.2.2. Accessory buildings shall not extend beyond the front edge of the principal building or beyond the minimum front building line, whichever is greater, except on flag lots, where pools may be allowed beyond the front edge of the principal building on the water side.

7.2.3. Accessory buildings and uses shall not encroach into any utility easement.

7.2.4. No parcel may contain more than two accessory buildings, unless the property is greater than three quarters of an acre then an additional accessory structure up to four is permitted.

7.2.5. Only two accessory structures are permitted to be side-by-side and any third or fourth accessory structure shall be a minimum of 15 feet from any other accessory structures.

7.2.6. The combined square footage of the accessory buildings shall not exceed ten percent of the total lot area.

7.2.7. The maximum building height shall be 20 feet or not higher than the height of the principal structure, whichever is less.

7.2.8.Swimming Pools. All public, commercial, or private outdoor swimming pools of three feet or more in depth, either aboveground or belowground, and of either permanent or temporary construction, shall meet the following requirements in addition to setbacks and other requirements specified elsewhere:

7.2.8.1. The setback for a swimming pool from any lot line shall equal the required setback for accessory structures in the district in which it is located, plus one foot for each foot over five feet of pool depth. Swimming pools are not allowed in the required front yard area.

7.2.8.2. A fence, being an enclosing structure of rails, pickets, wires or the like, shall be erected to a minimum height of four feet and a maximum height of six feet, to completely enclose all sides of the pool not bounded by a building. A gate of equal height with a locking mechanism shall be installed and securely fastened when the pool is not in use.

7.2.8.3. Fencing surrounding swimming pools shall be designed so as to minimize the possibility of unauthorized or unwary persons from entering the pool area. In the case of a semi-open (such as chainlink) fence, the open space between each section of fencing material shall be no larger than 16 square inches. The fence or privacy wall may be constructed of wood, masonry or similar materials or by a chainlink or similar fencing with natural screening, provided that it complies with the requirements of the location of accessory buildings in the district in which it is located. This section shall also apply to day care centers having swimming pools with a depth of 18 inches or more.

7.2.8.4. All mechanical equipment associated with pool maintenance shall be located a minimum of four feet from any property line.

7.2.8.5. All floodlights shall be shielded from adjacent properties to reduce offensive glare.

(Ord. of 10-9-2018; Amend. of 8-11-2020(2); Amend. of 3-11-2025(1))

Cemeteries located on the same property as a church shall be subject to the following criteria:

7.3.1. The cemetery shall not encroach on any yard setbacks.

7.3.2. Reserved.

(Ord. of 10-9-2018; Amend. of 4-11-2023(2))

7.4.1. Child Care Center.

7.4.1.1. The outdoor play area shall provide an area that is shaded by a building, awnings, trees, or other methods. The outdoor area shall be designed so that staff are able to see and easily supervise the entire area.

7.4.1.2. If a special use permit is required, the permit shall establish the hours of operation.

7.4.1.3. Off-street parking spaces/loading and unloading areas: One parking space or queuing lane for the loading and unloading of children for each ten children based on the child care center's regulated capacity with a minimum of four spaces plus one parking space for each employee at maximum staff level.

7.4.2. Family Child Care Home. In addition to the other standards set forth in this Ordinance, each Family Child Care Home (FCCH) must meet the following requirements:

7.4.2.1. A Family Child Care Home may have no more than eight children;

7.4.2.2. The maximum hours of operator are 7:00 a.m. to 6:00 p.m., Monday through Friday;

7.4.2.3. No outside signage advertising the Family Child Care Home is allowed;

7.4.2.4. The building in which the Family Child Care Home is located may not be located closer than 500 feet to any other building housing another FCCH or Child Care Center; and

(Ord. of 10-9-2018; Amend. of 4-11-2023(2))

The construction of docks, bulkheads, living shorelines, and piers shall be governed by the applicable U.S. Corps of Engineers and Coastal Area Management Act (CAMA) regulations.

(Amend. of 4-11-2023(2))

Granny pods, also called temporary health care structures, are permitted under the authority of G.S. 160D-915. Granny pods shall be permitted as an accessory use in accordance with Section 6.5, subject to the following standards:

7.6.1. Granny pods shall only be permitted for single-family residentially used property.

7.6.2.—7.6.5 Reserved.

(Ord. of 10-9-2018; Amend. of 2-9-2021(3); Amend. of 4-11-2023(2))

Home occupations shall be permitted as long as they meet the following criteria:

7.7.1. The use is carried on by a member of the family residing on the premises.

7.7.2. The use shall be clearly incidental to the residential use and shall not change the essential residential character of the dwelling.

7.7.3. Use of the dwelling or accessory structure for home occupation shall be limited to 25 percent of the total floor area of the principal structure. Any accessory structure used for home occupations shall be fully enclosed.

7.7.4. No display of products shall be visible from the street.

7.7.5. No mechanical equipment shall be installed or used other than is normally used for domestic or professional purposes.

7.7.6. No outside storage of equipment or materials is permitted.

7.7.7. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family housing unit, or outside the housing unit, if conducted in other than a single-family housing unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.

7.7.8. No mechanical equipment shall be installed outside of any building for inside use or used in any manner other than is normally used for domestic or professional purposes, and which does not cause noise or interference in radio and television reception.

7.7.9. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

7.7.10. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in any required yard. Vehicles used primarily as passenger vehicles, including pickup trucks and step-type vans, only shall be permitted in connection with the conduct of the customary home occupation.

7.7.11. No outside storage shall be used in connection with the home occupation.

7.7.12. Home Occupations are required to receive an annual zoning permit from the Development Services Department for operation.

7.7.13. Only two employees other than the occupants of the dwelling may be engaged in the operation of the Home Occupation.

7.7.14. No display of products for sale shall be visible from the street.

7.7.15. Only one vehicle and trailer that is used for the purpose of the Home Occupation shall be permitted on the site and shall meet any parking requirements of the Code of Ordinances.

(Ord. of 10-9-2018; Amend. of 3-11-2025(1))

7.8.1. Retaining walls four feet in height or greater shall require engineered building plans.

7.8.2. All retaining walls shall require a zoning permit.

7.8.3. The amount of fill added to a lot will be no greater than one foot above the crown of the road or even with the highest adjacent lot, whichever is greater, and will not be greater than is necessary to meet the health department requirements for an improvement permit.

7.8.4. Fill greater than one foot will have an engineered fill plan for stabilization and stormwater retention.

7.8.5. Lots requiring fill greater than one foot for the purposes of elevating above flood for Letter of Map Revision Based on Fill (LOMR-F), leveling a lot with drastic elevations or for the purpose of commercial stormwater designs may do so in accordance with Section 10.104.1. Lots with drastic elevations shall require a sealed letter from a certified surveyor indicating the conditions on the property which qualify it as a drastic elevation change.

(Ord. of 10-9-2018; Amend. of 8-11-2020(2); Amend. of 12-14-2021; Amend. of 3-11-2025(1))

7.9.1. All satellite dishes shall be installed in compliance with FCC regulations.

7.9.2. Residential satellite dishes shall not exceed 24 inches in diameter and nonresidential satellite dishes shall not exceed 36 inches by 22 inches (oval).

7.9.3. Satellite dishes shall not be located in a front yard and shall be hidden from view of the public right-of-way.

(Ord. of 10-9-2018; Amend. of 3-11-2025(1))

Solar collectors shall be permitted as an accessory use to new or existing structures or facilities in accordance with Section 6.5, subject to the following standards:

7.10.1. Roof-Mounted Solar Systems.

The collector surface and mounting devices for roof-mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.

7.10.1.1. Pitched Roof Mounted Solar Systems. For all roof-mounted systems other than a flat roof, a drawing shall be submitted showing the location of the solar panels.

7.10.1.2. Flat Roof Mounted Solar Systems. For flat roof applications, a drawing shall be submitted showing the distance to the roof edge and any parapets on the building.

7.10.2. Ground-Mounted Solar Systems.

Ground-mounted solar collectors (accessory) are prohibited.

7.10.3.—7.10.5 Reserved.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

All public, commercial, or private outdoor swimming pools of three feet or more in depth, either aboveground or belowground, and of either permanent or temporary construction, shall meet the following requirements in addition to setbacks and other requirements specified elsewhere:

7.11.1. The setback for a swimming pool from any lot line shall equal the required setback for accessory structures in the district in which it is located, plus one foot for each foot over five feet of pool depth. Swimming pools are not allowed in the required front yard area.

7.11.2. A fence, being an enclosing structure of rails, pickets, wires or the like, shall be erected to a minimum height of four feet and a maximum height of six feet, to completely enclose all sides of the pool not bounded by a building. A gate of equal height with a locking mechanism shall be installed and securely fastened when the pool is not in use.

7.11.3. Fencing surrounding swimming pools shall be designed so as to minimize the possibility of unauthorized or unwary persons from entering the pool area. In the case of a semi-open (such as chainlink) fence, the open space between each section of fencing material shall be no larger than 16 square inches. The fence or privacy wall may be constructed of wood, masonry or similar materials or by a chainlink or similar fencing with natural screening, provided that it complies with the requirements of the location of accessory buildings in the district in which it is located. This section shall also apply to day care centers having swimming pools with a depth of 18 inches or more.

7.11.4. All mechanical equipment associated with pool maintenance shall be located a minimum of five feet from any property line.

7.11.5. All floodlights shall be shielded from adjacent properties to reduce offensive glare.

7.11.6. Reserved.

(Ord. of 10-9-2018; Amend. of 8-11-2020(2); Amend. of 4-11-2023(3))

Temporary storage facilities, as defined in Appendix A, shall be subject to the following regulations:

7.12.1. Dumpsters or temporary storage facilities incidental to a natural disaster, or construction with a valid building permit, shall be exempt from these regulations.

7.12.2. Temporary storage facilities intended to be in place for greater than 30 days shall require a zoning permit.

7.12.3. With the exception of the Industrial (ID) zoning districts, temporary storage facilities may be placed on a property a maximum of any 120-day period during one calendar year from its initial placing on a property.

7.12.4. No temporary storage facility shall encroach into any public right-of-way.

7.12.5. No temporary storage facility may encroach into vehicular use areas where such encroachment reduces the amount of parking below the minimum permitted amounts.

7.12.6. No temporary storage facility shall be used as living space and/or a permanent accessory building.

(Ord. of 10-9-2018)

Wind energy generating facilities (accessory) designed to supplement other electricity sources shall be permitted as an accessory use in accordance with Section 6.5, subject to the following standards:

7.13.1. A wind energy generator (accessory) shall be setback from all property lines a distance equal to one linear foot for every foot of height of the highest structure that is part of the facility or the minimum setback for the zoning district, whichever is greater. Maximum height of wind turbines shall be consistent with the requirements of the underlying zoning district. The height shall be measured from the ground to the highest point of the prop.

7.13.2. A wind turbine may not be located between the front wall of the primary structure and the street.

7.13.3. Rotor blades on wind turbines shall maintain at least 15 feet of clearance between their lowest point and the ground.

7.13.4. Installation and Design.

The installation and design of the wind energy generator (accessory) shall conform to applicable industry standards, including those of the American National Standards Institute.

7.13.5. The visual appearance of wind energy generator (accessory) shall:

7.13.5.1. Be constructed of a corrosion resistant material that will not fade, show rust spots, or otherwise change the appearance as a result of exposure to the elements and be a non-obtrusive color such as white, off-white, or gray.

7.13.5.2. Not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

7.13.5.3. Landscaping, buffering, and screening shall be provided in accordance with Article 10, Part I.

7.13.6. Any accessory wind energy generator and supporting structure that is not functional shall be removed after 180 days. In the event that the Town becomes aware of any wind energy system that is not operated for a continuous period of three months, the Town will notify the landowner by certified mail that the system must be moved or repaired in 90 days. The owner may request and receive a single extension of up to 90 days for good cause shown, including the reasons for the operational difficulty and a reasonable timetable for corrective action. Any disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

(Ord. of 10-9-2018)

7.14.1. Any building, except a gatehouse, must be set back not less than 50 feet from any property line.

7.14.2. Cemeteries shall have direct access to a major arterial highway.

7.14.3. All graves shall be set back a minimum of 20 feet from any property line.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

7.15.1. Yard requirements are the same as the requirements for the district in which the use is located, plus a requirement for two square feet of open space for each one square foot of building coverage. Areas designated for parking may be included in the open space.

(Ord. of 10-9-2018; Amend. of 3-11-2025(1))

Crematoriums may be allowed pursuant to the use table in Section 6.5, upon compliance with the following:

7.16.1. There shall be no emission of particulate matter or noticeable odors.

7.16.2. No new crematorium operation may be located within 1,500 feet from an existing crematory facility and 500 feet from any residentially zoned property.

7.16.3. The loading/unloading zone for the facility must be enclosed or screened from view with fencing in accordance with Article 10, Part III.

7.16.4. All windows with an open view of the crematory processing equipment must be screened from view.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

7.17.1. The property shall have frontage upon a collector or higher classification street.

7.17.2. Outdoor recreation or accessory facilities shall be buffered from adjacent residentially zoned or used property in accordance with Article 10, Part I

(Ord. of 10-9-2018; Amend. of 3-11-2025(1))

Public works and public utility substations such as water tanks, pumping stations, treatment plants and electric, gas, oil pipeline, and telephone substations, are permitted provided that no vehicles or materials shall be stored on the premises; no offices shall be permitted; and landscaped in accordance with Article 10, Part I.

(Ord. of 10-9-2018)

Artisan's workshops shall be permitted in accordance with Section 6.5, provided all artisan production is conducted inside an enclosed building.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

7.20.1. Chemical and Hazardous Material Storage/Treatment.

7.20.1.1. The use shall comply with the Federal Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), as amended (42 U.S. Code Ann. 103 et seq.) and the North Carolina Solid Waste Management Act, as amended (G.S. ch. 130A, art. 9) for design, siting, and materials to be stored and treated.

7.20.1.2. All storage, treatment, and loading facilities handling hazardous materials will be located at least 200 feet from any property line and at least 1,250 feet from any lot not located in an industrial district. The required buffer area shall comply with Article 10, Part I.

7.20.1.3. A security fence at least seven feet in height with a minimum nine-gauge fabric and three strands of barbed wire shall surround all facilities for the storage and handling of hazardous materials.

7.20.1.4. Vehicular access to the operation will be provided only by way of a US- or NC-numbered highway or an industrial area access road.

7.20.1.5. All surface water and groundwater on the property will be protected so as to minimize, to the greatest extent possible, the probability of contamination by hazardous materials.

7.20.1.6. All sanitary sewer and stormwater management systems on the property will be protected so as to minimize, to the greatest possible extent, the probability of contamination by hazardous materials. A stormwater management plan shall be prepared by the applicant and submitted to the Town for review by the Town's engineer and the Environmental Management Division of the North Carolina Department of Environment and Natural Resources. A NPDES permit for stormwater discharge shall also be obtained, if applicable.

7.20.2. Bulk Petroleum Plants and LP Gas and Storage.

7.20.2.1. The use must meet the requirements established by the fire prevention code of the National Board of Fire Underwriters and the latest edition of the (Flammable and Combustible Liquids Code, NPFA 30" of the National Fire Protection Association.

7.20.2.2. All storage tanks and loading facilities will be located at least 200 feet from any property line. The buffer area required by Article 10, Part I shall contain a sufficient amount of natural or planted vegetation so that such facilities are screened visually from an adjoining property not located in an industrial district.

7.20.2.3. Vehicle access to the use will be provided only by way of a US- or NC-numbered highway or an industrial area access road.

7.20.2.4. All principal and accessory structures and off-street parking and service areas will be buffered from any abutting property in accordance with Article 10, Part III.

7.20.3. Hazardous Liquid Storage.

Flammable or combustible liquid storage for home heating and/or cooking purposes shall not exceed 500 gallons.

(Ord. of 10-9-2018)

7.21.1. The property shall have frontage upon a minor arterial or higher classification street.

7.21.2. Storage of materials other than vehicles and machinery regularly utilized in the conduct of business shall be buffered and screened from view from roadways and adjacent properties.

(Amend. of 4-11-2023(3))

Editor's note— An amendment of April 11, 2023(3), repealed § 7.22, which pertained to engineering/surveying/architectural services and derived from Ord. of October 9, 2018.

Campgrounds for recreational purposes may be located on the island, provided that:

7.23.1. Accessibility. The campground shall be readily accessible to a public street, and no entrance or exit from the campground shall require traffic movement through a developed residential district. Access to campsites or recreational vehicle sites shall be provided through well-maintained roadways within the campground.

7.23.2. Dimensions. No campground or recreational vehicle park shall be less than two acres. No campsite shall be located closer than 25 feet to the right-of-way of any public street. Gross density of the campground shall not exceed 25 trailer spaces per acre and no more than one motorized recreational vehicle or recreational trailer is parked on each site.

7.23.3. Site Design. Detailed site plans showing the proposed type and location of campsites, access roads, location and type of all related facilities and a description of the provisions for utilities shall be provided in accordance with Article 5. During the review, special attention shall be directed toward ensuring that adequate space is provided for each campsite. Concrete slabs shall be allowed as long as they do not exceed 100 square feet per campsite and shall not violate the restrictions of impervious surface coverage as provided in this Ordinance.

7.23.4. Walkways. Walkways shall be provided to service facilities, comfort stations.

7.23.5. Screening and Landscaping. Additional yard areas and landscaping may be required when granting the special use. Campgrounds shall be enclosed by an appropriate fence except at drive-in entrance or exit.

7.23.6. Recreational Vehicles. A recreational vehicle is ready for highway use if it is on wheels or a jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no additions. Recreational vehicles placed on sites shall be on site for fewer than 180 consecutive days, and be fully licensed and ready for highway use.

7.23.7. Additions. All additions, except those provided by the facility owner, are prohibited.

(Ord. of 10-9-2018; Amend. of 3-11-2025(1))

Closed air and open air gun ranges shall be permitted in accordance with Section 6.5, subject to the following:

7.24.1. The facility shall be designed to meet and comply with applicable federal and state laws, county, and local ordinances and guidelines, such as but not limited to, the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and National Rifle Association (NRA) Range Source Book (current edition), the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) registration requirements, local health department, and building code requirements and the generally accepted operation practices adopted by the Department of Environmental Quality.

7.24.2. The gun range shall not be located within 100 feet of another existing gun range, nor within 500 feet of a school, child care facility, place of worship, or any zoning district that is zoned for residential use, including a planned development that authorizes residential use.

7.24.3. The facility must be under its ownership's supervision and control while open and in use.

7.24.4. Reserved.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

Marinas/boatominiums shall be located, designed, and operated in accordance with Coastal Area Management Act (CAMA) requirements.

(Ord. of 10-9-2018)

7.26.1. Buffers must be installed on all property lines abutting residentially zoned or used property in accordance with the requirements of Article 10, Part I.

7.26.2. Lighting installed on the property must comply with the provisions for town lighting in Article 10, Part V and shall be installed in a manner that prevents trespass onto adjoining properties and controls glare on the public right-of-way and on public trust waters.

7.26.3. Required off-street parking spaces shall be provided in accordance with Article 10, Part III.

(Ord. of 10-9-2018)

Dwellings subject to these supplemental regulations per the Table of Uses and Activities shall be limited to no more than 3,999 square feet.

(Ord. of 10-9-2018; Amend. of 9-10-2024(4))

7.28.1. As defined by G.S. 168-21, family care homes must be located no closer than one-half mile from any other family care home. As provided for in Section 4.10.2, a variance to the one-half mile separation requirement may be obtained when the separation is accomplished by man-made features (i.e., railroad yards, freeways) or natural features (i.e., rivers, wetlands) and provides sufficient separation to ameliorate the harmful effects that justified the statutory separation.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

7.29.1. A site plan is required in accordance with Article 5. In addition to the site plan requirements in Article 5, the manufactured home park site plan shall including the following:

7.29.1.1. Proposed storm drainage for each manufactured home space and for the entire manufactured home park including all proposed grading and sewer installation which may be deemed necessary to insure proper drainage and the elimination of ponding. Proper drainage requires a storm drainage capacity to the ten-year storm level.

7.29.1.2. Location and number of garbage receptacles.

7.29.1.3. A detailed plan for electrical installation prepared to meet the National Electrical Code and state and local codes or ordinances.

7.29.2. The lot size for each manufactured housing unit must meet the minimum lot size requirements, setback and yard requirements of the C-LD district. Recreational vehicles shall not be occupied in manufactured housing parks. Minimum setbacks on all sides for a manufactured home within a space is ten feet. Any attached accessory structure such as a room extension, porches and porch roofs, and carports shall, for the purpose of this setback requirement, be considered to be part of the manufactured home.

7.29.3. The park shall contain at least three manufactured housing units.

7.29.4. All manufactured homes shall have skirting around the entire perimeter.

7.29.5. Ground anchors shall be installed in compliance with the North Carolina State Building Code.

7.29.6. The owner of the manufactured home park shall be responsible to see that each manufactured home parked within the manufactured home park is properly tied down.

7.29.7. A driveway and parking space sufficient to accommodate at least two automobiles shall be constructed within or assigned to each manufactured home space and shall be paved or covered with crush stone or other suitable material.

7.29.8. Public water and sewer services shall be provided to all lots within the park.

7.29.9. In every manufactured home park all installations (other than those within the manufactured home itself) of plumbing and electrical wiring and all gas and oil appliances shall comply with the provisions of the building, plumbing, electrical, heating and gas regulations of the state, county, and town. All utilities shall be installed underground.

7.29.10. Sanitation services shall be equivalent to the services provided by the town and the county.

7.29.11. No more than one manufactured home may be parked on any manufactured home space. No manufactured home space shall have direct vehicular access to a public street.

7.29.12. Buffers shall be installed around the entire perimeter of the manufactured home park. Such buffers must meet the requirements of Article 10, Part I, and not be included within the dimensions of any manufactured home space.

7.29.13. The supports of all manufactured homes parked within an authorized park shall rest upon footings which meet the North Carolina Regulations for Mobile Homes. Each manufactured home space shall be provided with a patio of at least 100 square feet constructed of concrete brick flagstone or other such hard surfaced material or a porch of similar size raised above the ground. A paved or gravel walkway two feet wide minimum leading from the road or off-street parking space to the patio shall be provided. Each patio and walkway shall be graded and properly drained to prevent ponding.

7.29.14. The manufactured home park shall be located so as not to be susceptible to flooding and graded so as to prevent any water from ponding or accumulating on the premises. Where storm drainway pipes are located in adjacent streets, underground drainage facilities with connections to the storm drainage system shall be provided for the manufactured home park when needed so long as the capacity of the existing system can handle the additional load.

7.29.15. Each manufactured home stand and the manufactured home space shall be graded to provide adequate storm drainage away from the manufactured home and such that there will exist no more than three feet difference between the chassis of the manufactured home and the finished grade of the manufactured home stand along the entire perimeter of the manufactured home proper.

7.29.16. The manufactured home park shall have paved or gravel roads and streets, lighted at night, that directly abut all manufactured home spaces. Road surface widths shall be at least:

7.29.16.1. One-way, no parking: 11 feet.

7.29.16.2. One-way, parking on one side only: 18 feet.

7.29.16.3. Two-way, no parking: 20 feet.

7.29.16.4. Two-way, parking on one side only: 26 feet.

7.29.16.5. Two-way, parking on both sides: 32 feet.

7.29.17. Closed ends of dead-end streets shall be provided with an adequately surfaced vehicular turning circle of at least 60 feet in diameter or a turning "Y" with an angle of at least 90 degrees.

7.29.18. Each manufactured home stand shall have adequate access, for both the manufactured home and autos, with a minimum access of 20 feet unless more is deemed necessary because of topographical conditions or street curvature, so that the parking, loading, or maneuvering of a manufactured home shall not necessitate the use of any public street or right-of-way or any private property not part of the manufactured home park.

7.29.19. When the manufactured home park has more than one direct access to a public street, they shall not be less than 200 feet apart or less than 200 feet from a public street intersection unless topographical or site conditions demand otherwise.

7.29.20. In addition to many fire prevention regulations of the town, the following shall apply:

7.29.20.1. The operator of a manufactured home park is responsible for informing each park resident of the location of the nearest fire alarm box (if any), the location of an accessible telephone and the telephone number to be used to report fires, and procedures to be followed in case of a fire.

7.29.20.2. The park owner shall install a fire extinguisher labeled as suitable for Class A, B, and C fires and a type approved by the Fire Department in each building open to the public and in the park office. The park staff shall be instructed in the proper use of any fire protection equipment available in the park and their specific duties in the event of fire shall be defined.

7.29.20.3. The park owner or operator shall maintain the park area free of rubbish, dry brush, leaves, weeds, and any other materials which might communicate fires between manufactured homes and other buildings.

7.29.20.4. Empty liquefied petroleum gas containers and other objects and materials not approved by the Fire Department shall not be stored under manufactured homes.

7.29.20.5. The manufactured home park owner shall be responsible for payment of any applicable fee if the Fire Department is called upon.

(Ord. of 10-9-2018)

7.30.1. Temporary Housing. Temporary housing units shall be permitted in all residential zoning districts subject to the following standards:

A.

The town manager may authorize use of town property for these temporary housing needs as he/she sees fit in the wake of a natural disaster.

B.

A Temporary Housing Occupancy Permit shall be issued by the Planning and Zoning Administrator or his/her designee for all temporary housing units before placement of the travel trailer onto the lot is allowable.

C.

The Temporary Occupancy Permit shall be issued for a period of time not to exceed 12 months while repair and reconstruction of the primary structure is planned and may be renewed for an additional six-month period, provided significant progress has been made in the repair and reconstruction of the primary structure. Maximum extension shall not exceed six months.

D.

The Temporary Occupancy Permit Application shall indicate the location of the temporary housing unit and include a description of the proposed utility connections. For recreational vehicles/travel trailers, the Temporary Occupancy Permit Application shall also include proof of license, registration, and capacity for highway use.

E.

A maximum of one temporary housing unit (or two in the case of a two-family dwelling) shall be permitted provided:

1.

The primary structure located on the lot upon which the temporary housing unit will be placed has been destroyed or significantly damaged, through no fault of the owner, by an emergency or natural disaster.

2.

The temporary housing unit is properly connected to an approved water source, authorized wastewater system, and a permitted electrical service hook-up.

F.

Temporary housing units must be removed from the lot within 30 days following completion of repair and reconstruction on the primary structure, or within 30 days following expiration of the Temporary Occupancy Permit.

G.

For the purposes of this section A manufactured home being used as a temporary housing unit shall meet all FEMA standards for such uses and applicable requirements of the Flood Damage Prevention Ordinance and/or consist of housing units provided or approved by FEMA.

H.

Setback requirements may be waived during the duration that the temporary housing unit is permitted, such that the placement of the temporary housing unit will allow for unobstructed repair and reconstruction on the site, provided the temporary housing unit does not extend into any public right-of-way, easement, or adjacent property.

I.

A maximum of two temporary storage containers up to 16 feet long, eight feet wide, and nine feet tall, shall be permitted on a lot subject to the requirements of this section. Setback requirements for temporary storage containers may be waived during the duration that the temporary housing unit is permitted, such that the placement of the temporary storage containers will allow for unobstructed repair and reconstruction of the primary structure and the temporary storage containers do not extend into any public right-of-way, easement, or adjacent property.

J.

Temporary housing units may be established as part of a temporary RV/manufactured home park subject to the requirements of this section and provided no more than twenty units shall be permitted per acre and that each unit shall be setback a minimum of 30 feet from all property lines. Temporary RV/manufactured home parks shall only be permitted in districts where such permanent uses are currently permitted. A detailed site plan and narrative shall be submitted identifying utility connections, water supply, waste disposal, traffic circulation, and temporary housing unit spacing.

(Amend. of 3-12-2019(1))

Tiny houses (200 square feet to 699 square feet in size), including container homes, shall be allowed in accordance with Section 6.5, subject to the following:

7.31.1. A tiny house must comply with the North Carolina State Building Code.

7.31.2. A tiny house must be situated on a permanent foundation with secure wind-resistant tie-downs and connected to public water, sewer, and electric utilities.

7.31.3. If the tiny house is constructed on a travel chassis with wheels, the wheels must be removed for permanent location on a foundation.

7.31.4. A tiny house must comply with all UDO requirements for the zoning district in which it is located.

(Ord. of 10-9-2018)

7.32.1. Storage areas for vehicles or watercraft being repaired shall be screened from view of the public right-of-way and any adjacent residentially used or zoned property.

7.32.2. All repairs must take place inside a structure.

7.32.3. Vehicles or watercraft to be repaired may not be stored on the property for more than 120 days.

7.32.4. No vehicle may be stored on the public right-of-way.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

7.33.1. Corner Lots. Driveways on corner lots shall be located no closer than 30 feet from the point of intersection of the rights-of-way of two streets.

7.33.2. Parking. Parking of motor vehicles, trailers, campers or boats for a storage fee, except for repairs and estimates, is prohibited.

7.33.3. Access Points. Minimum distance between accesses shall be 100 feet except for service where only two accesses are allowed per lot with one frontage; a third access shall be allowed for the other street frontage on corner lots.

7.33.4. Setbacks. Service station pump setbacks from the front property line shall be 20 feet. Pavement setbacks, exclusive of driveways, from the front property line shall be ten feet.

(Ord. of 10-9-2018; Amend. of 6-8-2021(10); Amend. of 4-11-2023(3))

Battery charging stations and battery exchange stations shall be permitted in accordance with Section 6.5, subject to the following requirements:

7.34.1. Electric vehicle charging stations should be reserved for parking and charging of electric vehicles only.

7.34.2. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

7.34.3. Battery Charging Stations. For land use compatibility purposes, the charging activity should be proportionate to the associated permitted use. Electric vehicle charging station(s) shall be permitted in a single- or multi-family garage designed to service the occupants of the home/dwelling unit as an accessory use. Accessory single-family charging stations shall not exceed residential building code electrical limitations. Whereas, charging station(s) installed in a parking lot for non single-family residential use are expected to have intensive use and will be permitted to have multiple (rapid charging stations( to serve expected demand.

7.34.4. Battery Exchange Stations. Exchange stations are permitted in CB, C-LD, and ID zoning districts, provided, however, all other requirements for the building or space the use occupies are satisfied, including but not limited to the UDO, fire code, and building code requirements. This use is specifically prohibited in exclusively residential or conservation/recreation zoning districts.

7.34.5. Design Criteria for Commercial and Multi-Family Development. The following criteria shall be applied to electric charging facilities.

7.34.5.1. Number Required. This is an optional improvement. No minimum number of stalls applies. Provided, if electric vehicle stalls are reserved for electric vehicles, care should be taken to ensure enough spots are available for all of a site's parking needs.

7.34.5.2. Generally. Location and provision of electric vehicle parking will vary based on the design and use of the primary parking lot, keeping in mind flexibility will be needed in various parking lot layout options.

7.34.5.3. Signage to Identify. Each charging station space should be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations should be included if time limits or tow away provisions are to be enforced by the owner.

7.34.5.4. Maintenance. Charging station equipment should be maintained in all respects, including the functioning of the charging equipment.

7.34.5.5. Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, charging equipment should be located so as to not interfere with accessibility.

7.34.5.6. Lighting. Where charging station equipment is installed, adequate site lighting should also be provided unless charging is for daytime purposes only.

7.34.5.7. Notification of Station Specifics. Information on the charging station identifying voltage and amperage levels and any time of use, fees, or safety information.

7.34.5.8. Avoid Conflict with Handicap Spots. Stalls should generally not be located adjacent to handicap spots unless designed for handicapped use.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

Bed and breakfast homes are subject to the following conditions and other conditions that may be required:

7.35.1. Bed and breakfast homes shall offer accommodations to no more than eight persons.

7.35.2. Bed and breakfast homes shall be registered at the Town Hall annually before beginning operation thereof, giving the name of the owner or operator, address, accommodations offered and period of operation.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

7.36.1. The property shall have frontage upon a collector or higher classification street.

(Amend. of 4-11-2023(3))

Commercial recreation establishments may be allowed, subject to the following conditions and other conditions that may be required:

7.37.1. Access. The site shall front on a dedicated street.

7.37.2. Water and Sewer. The site shall be served by the town water system or by a sewer system approved by the county health department.

7.37.3. Parking. Off-street parking shall be provided in accordance with Article 10, Part III.

7.37.4. Site Plan. A site plan, drawn to scale, shall be submitted in accordance with Article 5.

(Ord. of 10-9-2018)

7.38.1. The maximum gross building area shall be 4,000 square feet.

7.38.2. Use must have direct access to a major arterial street.

7.38.3. Where fuel sales are included in the use, the pumps must be set back a minimum of 20 feet from the right-of-way line and 15 feet from adjoining property lines.

(Amend. of 4-11-2023(3))

7.39.1. Outdoor activities shall be limited to between the hours of 8:00 a.m. and 8:00 p.m.

7.39.2. At least one passenger loading/unloading space, separate from parking area, for every ten persons enrolled shall be provided.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

An establishment that meets the definition of a microbrewery or distillery shall be permitted in accordance with Section 6.5, provided it meets the requirements of G.S. 18B-1104 or G.S. 18B-1105, respectively. Tasting rooms are an accessory use to a microbrewery.

7.41.1. One restroom stall/porta potty must be provided per every 25 vendors within a reasonable walking distance to the Farmers/Open Air Markets.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

7.42.1. Hours of operation shall be established by the special use permit.

7.42.2. The sale of firearms and/or alcohol is prohibited.

7.42.3. Permanent open-air flea markets are required to install and maintain fencing or landscaping along three sides of the open market. A landscape plan describing both fencing and landscaping must be reviewed and approved by the UDO Administrator.

7.42.4. One restroom stall/porta potty must be provided per every 25 vendors within a reasonable walking distance to the Flea Market.

(Ord. of 10-9-2018; Amend. of 10-13-2020(2); Amend. of 4-11-2023(3))

Food trucks shall be permitted in accordance with Section 6.5, subject to the following standards:

7.43.1. Exceptions to the Process.

7.43.1.1. Food trucks may conduct sales while parked on a public street when the Town Council has approved a temporary street closing for a Town-sponsored or civic event such as a street festival/ fair.

7.43.2. Food Truck Location. Food trucks cannot set up within 50 feet of a competing business, merchant or vendor retailing the same goods and merchandise, unless located within a specialty market. Food trucks operating on the same site as a restaurant with a current inspection from the Brunswick County Environmental Health Department are exempt from this separation requirement. Additionally, food trucks must be parked at least 15 feet from any fire hydrant, and five feet away from any driveway, sidewalk, utility box or vault, handicapped ramp, building entrance or exit, or emergency call box. These minimum distance requirements are all measured in a straight line from the closest point of the proposed food truck location to the closest point from the buffered point, or in the case of a restaurant measured from the closest point of the restaurants main entrance. If a zoning permit is issued and a restaurant subsequently opens within 100 feet (measured from the restaurants main entrance) of the approved food truck location, the food truck may continue to operate until the permit expires.

7.43.3. Zoning Permit. The zoning permit must be signed by the property owner, and completed and submitted along with a site plan or plot plan. If a property owner has a property large enough to accommodate more than one food truck, only one zoning permit is required to be submitted showing the location of all food trucks. The plot plan must show the limits of the property, the location(s) of the proposed food truck, and label adjoining uses on neighboring properties. The applicant must also submit a NC Department of Agriculture Permit, a copy of the vehicle or trailer registration, and proof of compliance with the Brunswick County Health Department regulations. The permit applications must include the property owners' signatures. Fees for these permits shall be as established in the town's yearly fee schedule. The maximum number of food truck licenses to be issued is 10 per year with the restriction that licenses are limited to one per itinerant merchant or vendor. Food trucks must renew license annually. Business license for food truck vendors shall be valid for one year.

7.43.4. Parking. Food trucks may not occupy any required parking stall for the primary use while the primary use is open to the public, thereby resulting in an overloading of parking spaces. Food trucks and the primary use may share parking spaces when having separate hours of operation. Parking stalls that are overflow or extra according to the regulations in the UDO may be used to park a food truck; however, parking stalls leased to another business or adjacent use may not be used unless the food truck is operating under separate hours of operation. Food trucks may not park in handicapped accessible parking spaces, nor can they park in access or drive aisles. The approved location for the parking trucks, as shown on the zoning permit, must be physically marked. The food truck parking space can be marked with paint, tape or other easily identifiable material. Food trucks may not be parked in an approved location after hours of operation. Parking shall be provided in accordance with Article 10, Part III.

7.43.5. Hours of Operation. Food trucks may operate between the hours of 7:00 a.m. and 10:00 p.m.

7.43.6. Prohibitions. Food trucks may not use audio amplification or freestanding signage. All equipment associated with the food trucks must be located within three feet of the food truck. The food truck operator is responsible for disposing of all trash associated with the operation of the food truck. Town trash receptacles may not be used to dispose trash or waste. All areas within five feet of the food truck must be kept clean. Grease and liquid waste may not be disposed in tree pits, storm drains, the sanitary sewer system or public streets. Food trucks are all subject to the Town-wide noise ordinance.

7.43.7. Maximum Number of Trucks Per Property.

7.43.7.1. Maximum of two food trucks on lots of one-half acres or less.

7.43.7.2. Maximum of three food trucks on lots between one-half acre and one acre.

7.43.7.3. Maximum of four food trucks on lots greater than one acre.

7.43.7.4. Outdoor seating associated with a food truck is only permitted on lots at least two acres in size or greater.

7.43.8. Food Truck Rodeos.

7.43.8.1. Unimproved commercial property may develop a location for the exclusive use of food trucks subject to the performance standards of Chapter 10 of the UDO and the regulations of this section.

7.43.9. Permanent Food Truck Locations.

7.43.9.1. Commercial businesses may, as a part of a site plan approved per Article 5 of this UDO, install a permanent food truck location on their site subject to the regulations of this section except those related to spacing from a competing business found in 7.43.2. The business shall be responsible for all permitting and documentation that the food trucks using the location meet the requirements of this section.

(Ord. of 10-9-2018; Amend. of 10-13-2020(2); Amend. of 1-10-2023(2))

7.44.1. Outdoor sales and display areas, both incidental and principal uses, are not to exceed one acre in size.

7.44.2. Outdoor sales and displays can be a standalone principal use or can be intended to enhance an existing business and cannot be located in existing vehicular spaces.

7.44.3. All incidental and principal use outdoor sales and display structures such as tents and sales stands will need to be reviewed for compliance with all applicable state codes and temporary outdoor sales and display that remain on site exceeding 180 days will be considered as a permanent structure and shall meet all federal, state, and local regulations.

7.44.4. Outdoor sales and displays conducted as an accessory use must meet the following additional requirements:

7.44.4.1. No sales of merchandise shall be permitted between the hours of 10:00 p.m. and 7:00 a.m.

7.44.4.2. Between the hours of 10:00 p.m. and 7:00 a.m., all items offered for sale shall be removed.

7.44.4.3. Outdoor sales and displays shall not be located within parking spaces.

7.44.4.4. The permit must be made available to the Town upon request.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

7.45.1. The property shall have frontage upon a collector or higher classification street.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

7.46.1. The site of the development or use must meet or exceed one acre in size and shall comply with the following minimum standards:

7.46.1.1. The use shall be located no closer than 1,500 feet as measured in a straight line from property line to property line to any church, or place of worship, public or private elementary or secondary school, child day care or nursery, publicly funded or maintained recreational facilities or open space areas, residentially zoned or residentially used property or any other establishment with an on premise ABC license.

7.46.1.2. There shall be no more than one adult entertainment business in the same parcel or within the structure, building or portion thereof.

7.46.1.3. No other principal or accessory use may occupy the same building, structure or property or any portion thereof.

7.46.1.4. Except for the signage allowed in Article 10, Part IV, no other advertisements, displays or other promotional materials shall be placed on the property that would be visible from the pedestrian sidewalks, walkways, or vehicular use areas including street rights-of-way.

7.46.2. All applicants for a permit to operate an adult establishment including all partners and corporate officers shall submit to a complete background check and fingerprinting by the town police department. Any application received shall not be processed until such time as the background check has been completed and those findings are submitted to the administrative official for review. Any applicant whose background check or fingerprinting returns information indicating a felony conviction in this state or any other state with comparable laws within five years immediately preceding the application; or a misdemeanor criminal act within two years which involves the following: sexual offenses, promotion of prostitution, prostitution, sexual abuse of a child, child pornography or related offenses shall not be considered for special use permitting.

(Ord. of 10-9-2018)

Tattoo/body piercing parlors are permitted in the C-LD zoning district provided that:

7.47.1. The tattoo parlor may not be located or operated within 200 feet of:

7.47.1.1. A church, synagogue, or regular place of worship;

7.47.1.2. A public or private elementary or secondary school;

7.47.1.3. A public library;

7.47.1.4. A boundary of any residential district;

7.47.1.5. A publicly owned park or other recreation area or facility;

7.47.1.6. A licensed day care center;

7.47.1.7. An entertainment business that is oriented primarily towards children;

7.47.1.8. Another tattoo parlor.

7.47.2. For the purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a tattoo parlor is to be conducted, to the nearest property line of the premises of any use listed in subsection 7.49.1 above.

7.47.3. No more than one tattoo parlor establishment shall be located in the same building or structure or on the same lot. No person shall permit any building, premises, structure, or other facility to contain more than one tattoo parlor.

7.47.4. Tattoo parlors must comply with the following:

7.47.4.1. Hours of operation must be limited to 8:00 a.m. to 2:00 a.m.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

All vendors and yard sales must comply with Chapter 10 - Business of the Town of Oak Island Code of Ordinances.

(Ord. of 10-9-2018)

7.49.1. The property shall have frontage upon a collector or higher classification street.

7.49.2. Associated kennels or animal runs shall be located a minimum of 250 feet from any adjacent property boundary lines unless such kennels and runs are located within a fully enclosed, roofed, walled and soundproofed structure.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

7.50.1. No ordinance adopted by the Town shall regulate either:

7.50.1.1. Forestry activity on forestland that is taxed on the basis of its present-use valued as forestland under G.S. ch. 105, art. 12; or

7.50.1.2. Forestry activity that is conducted in accordance with G.S. ch. 89B.

7.50.2. Nothing withstanding subsection 7.50.1 above, the Town may deny a zoning special use, or a building permit for a tract of land for a period of up to three years after the completion of a timber harvest if the harvest results in the removal from that tract of all or substantially all of the trees protected by this Ordinance. If the removal of such trees was in willful violation of the requirements of this Ordinance, then such permits may be refused for a period of five years.

(Ord. of 10-9-2018)

A Solar Farm developed as a principal use shall be permitted in accordance with Section 6.5, subject to the following:

7.51.1. Setbacks. Solar farms shall meet the minimum zoning setbacks for the zoning district in which located.

7.51.2. Height. Fifteen feet maximum.

7.51.3. Visibility.

7.51.3.1. Solar farms with panels located at least 150 feet from an adjacent public street right-of-way shall not require screening.

7.51.3.2. Solar farms with panels located less than 100 feet from an adjacent public street right-of-way, a residentially zoned property, or a property currently utilized for residential purposes must be screened by a continuous screen of evergreen vegetation intended to be at least six feet high and three feet thick at maturity.

7.51.4. Reserved.

7.51.5. Installation and Design.

7.51.5.1. Approved Solar Components—Electric solar energy system components must have a UL listing and must be designed with anti-reflective coating(s).

7.51.5.2. Compliance with Building and Electrical Code—All solar farms shall meet all requirements of the International Building Code with North Carolina Amendments.

7.51.6. Decommissioning.

7.51.6.1. A decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) addressing the following shall be submitted with permit application.

7.51.6.1.1. Defined conditions upon which decommissioning will be initiated (i.e., end of land lease, no power production for 12 months, etc.)

7.51.6.1.2. Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations. ;b21; 7.51.6.1.3. Restoration of property to condition prior to development of the solar farm.

7.51.6.1.4. The timeframe for completion of decommissioning activities.

7.51.6.1.5. Description of any agreement (i.e., lease) with landowner regarding decommissioning.

7.51.6.1.6. The party currently responsible for decommissioning.

7.51.6.1.7. Plans for updating this decommissioning plan.

7.51.6.2. Before final electrical inspection, provide evidence decommissioning plan was recorded with the Register of Deeds.

(Ord. of 10-9-2018; Amend. of 4-11-2023(3))

7.52.1. All temporary use/sales require the issuance of a zoning permit except for yard sales in residential zoning districts. The UDO Administrator may impose requirements in the zoning permit intended to ensure compliance with this Ordinance.

7.52.2. Temporary accessory sales are permitted on CB and C-LD zoned property provided that no more than four (4) events occur within a 365-day period on an individual parcel. Each individual sales event shall be limited to two (2) calendar days duration. The operator of each temporary sales event shall have the written permission of the property owner or manager of the principal business located on the property on which the temporary sale is to be conducted. If more than four (4) events occur within a 365 calendar day period, they must be located on a property owned or leased by a registered 501(c)(3) for tax purposes and the permit shall be issued only to the 501(c)(3) organization. Christmas tree and accessory natural ornamental sales may be conducted from three (3) calendar days prior to Thanksgiving until 5:00 pm on Christmas Eve.

7.52.3. Temporary uses for which the primary purpose is not the sale of commodities shall have a maximum specified time (specified by zoning permit) limit of seven calendar days. Such temporary uses shall include assembly of people for entertainment, holiday festivals, social, political, religious or similar activities. Temporary uses, described in this section, which include the sale/use of alcoholic beverages shall submit all ABC permits with the application for a zoning permit. No permanent building shall be located on any lot for the exclusive purpose of operating any temporary use(s). Temporary uses may be unlike the customary or usual activities generally associated with the property where the temporary use is to be located. Any use intended for temporary and limited duration, operated as an accessory or principal use, shall be subject to applicable location, setback, parking, land use and other standards for the district in which it is located.

7.52.4. Temporary sales conducted on the grounds of a church, synagogue, temple, or other religious building or schools/colleges for the purpose of raising funds for the support of the principal use are considered accessory services. The religious institution or school/college must request the zoning permit.

(Ord. of 10-9-2018; Amend. of 6-8-2021(10))

Wind Farms developed as a principal use shall be permitted in accordance with Section 6.5, subject to the following:

7.53.1. Setbacks.

¹  Measured from the center of the wind turbine base to the property line, right-of-way, or nearest point on the foundation of the occupied building.

²   Calculated by multiplying required setback number by wind turbine height.

7.53.2. Height.

Two hundred fifty feet maximum.

7.53.3. Ground Clearance.

Rotor blades on wind turbines must maintain at least 24 feet of clearance between their lowest point and the ground.

7.53.4. Visibility.

Wind farms must be set back at least 150 feet from any residential district; no energy generating equipment may be located within 150 feet of any public right-of-way; and screening and landscaping shall be provided in accordance with Article 10, Part I.

7.53.5. Interconnection Agreement.

All wind farms are required to enter into an interconnection agreement with the Town prior to connection.

7.53.6. Wind Farm Facility Noise, Shadow Flicker, and Electromagnetic Interference.

7.53.6.1. Audible sound from a Wind Turbine shall not exceed 55 dBA, as measured at any off-site occupied building of a Non-Participating Landowner.

7.53.6.2. Shadow flicker at any occupied building on a Non-Participating Landowner's property caused by a Wind Energy Facility located within 2,500 feet of the occupied building shall not exceed 30 hours per year.

7.53.6.3. Wind turbines may not interfere with normal radio and television reception in the vicinity. The applicant shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone or television signals caused by any wind energy facility.

7.53.7. Application Requirements.

7.53.7.1. Submit a site plan denoting the dimensions of the parcel, proposed wind farm location (arrangement of turbines and related equipment), distance from the proposed area to all property lines, and location of the driveway(s). No developed portion of the wind farm area may encroach into the required setbacks and any buffer area(s).

7.53.7.2. Provide the representative type and height of the wind turbine in the form of horizontal and vertical (elevation) to-scale drawings.

7.53.7.3. Provide a statement, including the generating capacity of the turbines, dimensions and respective manufacturers of all generating systems and equipment, and a description of ancillary facilities.

7.53.7.4. Administration regulations.

7.53.7.5. An applicant for a Wind Farm special use permit shall include with the application an analysis of the potential impacts of the wind power project, proposed mitigating measures, and any adverse environmental effects that cannot be avoided within 1/4 mile of the site property line, in the following areas:

7.53.7.5.1. Demographics including people, homes, and businesses.

7.53.7.5.2. Noise.

7.53.7.5.3. Visual impacts.

7.53.7.5.4. Public services and infrastructure.

7.53.7.5.5. Cultural and archaeological impacts.

7.53.7.5.6. Recreational resources.

7.53.7.5.7. Public health and safety, including air traffic, electromagnetic fields, and security and traffic.

7.53.7.5.8. Additional or new hazardous materials.

7.53.7.5.9. Impact on tourism and community benefits.

7.53.7.5.10. Avian impact assessment that includes an indication of the type and number of birds that are known or suspected to use a project site and the area surrounding that site as well as known migration routes and patterns.

7.53.7.5.11. Wildlife impact assessment, including migration routes and patterns.

7.53.7.5.12. Rare and unique natural resources.

7.53.7.6. An applicant for Wind Farm special use permit shall state in the application whether a Certificate of Public Convenience and Necessity for the system is required from the North Carolina Utilities Commission and, if so, the anticipated schedule for obtaining the certificate. The Town may ask the Utilities Commission to determine whether a Certificate of Public Convenience and Necessity is required for a particular wind power project for which the Town has received an application. The Town shall not approve a project requiring a certificate unless and until such certificate is issued by the Utilities Commission.

7.53.8. Installation and Design.

7.53.8.1. The installation and design of the wind generation facility shall conform to applicable industry standards, including those of the American National Standards Institute.

7.53.8.2. Attachment of a tower or supporting structure to a building of any kind shall be prohibited.

7.53.9. Visual Appearance.

7.53.9.1. The wind turbine shall be constructed of a corrosion resistant material that will not fade, show rust spots or otherwise change the appearance as a result of exposure to the elements, and be a non-obtrusive color such as white, off-white or gray; and

7.53.9.2. The wind turbine shall not be artificially lit, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

7.53.10. Maintenance.

Any wind generation facility that is not functional shall be repaired by the owner within a six-month period or be removed. In the event that the Town becomes aware of any wind farm that is not operated for a continuous period of six months, the Town will notify the landowner by certified mail and provide 30 days for a written response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the Town deems the timetable for corrective action as unreasonable, the Town shall notify the landowner, and such landowner shall remove the turbine(s) with 180 days of receipt of said notice. Any disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

7.53.11. Decommissioning.

7.53.11.1. The applicant must remove the wind generation facility if, after the completion of the construction, the wind generation facility fails to begin operation, or becomes inoperable for a continuous period of one year.

7.53.11.2. The one-year period may be extended upon a showing of good cause on appeal to the Town of Oak Island Board of Adjustment

7.53.11.3. A decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) addressing the following shall be submitted with permit application.

7.53.11.3.1. Defined conditions upon which decommissioning will be initiated (i.e., end of land lease, no power production for 12 months, etc.)

7.53.11.3.2. Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations.

7.53.11.3.3. Restoration of property to condition prior to development of the wind farm.

7.53.11.3.4. The timeframe for completion of decommissioning activities.

7.53.11.3.5. Description of any agreement (i.e., lease) with landowner regarding decommissioning.

7.53.11.3.6. The party currently responsible for decommissioning.

7.53.11.3.7. Plans for updating this decommissioning plan.

7.53.11.4. Before final electrical inspection, provide evidence decommissioning plan was recorded with the Register of Deeds.

(Ord. of 10-9-2018)

7.54.1. Purpose and Intent.

The purpose of this section is to facilitate the deployment of necessary telecommunication services that are the least visibly intrusive type of installation that is not proven to be commercially or technologically impracticable and that will effectively prohibit the applicant from accomplishing its intended goal(s).

7.54.2. Siting Hierarchy and Preferences.

The following list indicates the Town's preferences for facility locations, in descending order of preference:

• Antennae co-location on an existing tower or utility pole

• Concealed (stealth) antennae on existing building/structure

• New concealed (stealth) tower 50 feet in height or less

• New concealed (stealth) towers over 50 feet in height

• Building-mounted antennae and/or tower

• New freestanding non-stealth towers (monopoles)

• New freestanding non-stealth towers (all other types)

7.54.3. Approvals Required for Wireless Facilities and Wireless Support Structures.

7.54.3.1. Expert Review of Application. The Town may charge up to one thousand dollars ($1,000) per application for expert assistance with the application review for collocation studies. For studies other than collocation, the Town may charge a reasonable and customary fee under G.S. 160D-933 provided the fees are fixed in advance.

7.54.3.2. Administrative Review and Approval. The following types of applications are subject to the review process as provided in Section 5.3. No other type of zoning or site plan review is necessary.

7.54.3.2.1. New Wireless Support Structures that are less than 60 feet in height, in any zoning district.

7.54.3.2.2. New Wireless Support Structures that are less than 200 feet in height, in any Industrial district.

7.54.3.2.3. Concealed Wireless Facilities that are 60 feet or less in height, in any residential district.

7.54.3.2.4. Concealed Wireless Facilities that are 150 feet or less in height, in any zoning district except residential districts.

7.54.3.2.5. Monopoles or Replacement Poles located on public property or within utility easements or rights-of-way, in any zoning district.

7.54.3.2.6. Carrier on wheels or cell on wheels (COWs), in any zoning district, if the use of the COW is either not in response to a declaration of an emergency or disaster by the Governor, or will last in excess of 120 days.

7.54.3.2.7. Small cell/e-pole devices.

7.54.3.2.8. Substantial modifications.

7.54.3.2.9. Collocations.

7.54.3.3. Special Use Permit. Any application for Wireless Facilities and/or Wireless Support Structures not subject to Administrative Review and Approval pursuant to this Ordinance shall be permitted in any district upon the granting of a Special Use Permit in accordance with the standards for granting Special Use Permits set forth in Section 4.9.

7.54.3.4. Exempt From All Approval Processes. The following are exempt from all Town of Oak Island zoning approval processes and requirements:

7.54.3.4.1. Removal or replacement of transmission equipment on an existing wireless tower or base station that does not result in a substantial modification as defined in this Ordinance.

7.54.3.4.2. Ordinary Maintenance of existing Wireless Facilities and Wireless Support Structures, as defined in this Ordinance. Nothing in this section requires an application and approval for routine maintenance or limits the performance of routine maintenance on wireless support structures and facilities, including in-kind replacement of wireless facilities.

7.54.3.4.3. Wireless Facilities placed on Utility Poles.

7.54.3.4.4. COWs placed for a period of not more than 120 days at any location within the Town of Oak Island or in response to a declaration of an emergency or a disaster by the Governor.

7.54.4. Administrative Review and Approval Process.

7.54.4.1. Content of Application Package—For All Sites. All Administrative Review and Town Council application packages must contain the following in addition to those requirements outlined in Section 5.3 and 5.4:

7.54.4.1.1. Copy of lease or letter of authorization from property owner evidencing applicant's authority to pursue application. Such submissions need not disclose financial lease terms.

7.54.4.1.2. Documentation from a licensed professional engineer if calculation of the fall zone and certification that the wireless support structure has sufficient structural integrity to accommodate the required number of additional users as provided in this Ordinance.

7.54.4.1.3. For collocations and substantial modifications, written verification from a licensed professional engineer certifying that the host support structure is structurally and mechanically capable of supporting the proposed additional antenna or configuration of antennas.

7.54.4.1.4. For substantial modifications, drawings depicting the improvements along with their dimensions.

7.54.4.3. Approval Schedule.

7.54.4.3.1. Applications for Collocation, Monopole or Replacement Pole, a Concealed Wireless Facility, a Non-Exempt COW, or a Substantial Modification. Within 45 days of the receipt of a complete application for a Collocation, a Monopole or Replacement Pole, a Concealed Wireless Facility, a Non-Exempt COW, or a Substantial Modification, the UDO Administrator will:

7.54.4.3.1.1. Review the application for conformity with this Ordinance. An application under this section is deemed to be complete unless the UDO Administrator provides notice that the application is incomplete in writing to the applicant within 45 days of submission or within some other mutually agreed upon time frame. The notice shall identify the deficiencies in the application which, if cured, would make the application complete. The UDO Administrator may deem an application incomplete if there is insufficient evidence provided to show that the proposed collocation or eligible facilities request will comply with federal, state, and local safety requirements. The UDO Administrator may not deem an application incomplete for any issue not directly related to the actual content of the application and subject matter of the collocation or eligible facilities request. An application is deemed complete on resubmission if the additional materials cure the deficiencies indicated.

7.54.4.3.1.2. Issue a written decision approval an eligible facilities request application within 45 days of such application being deemed complete. For a collocation application that is not an eligible facilities request, the UDO Administrator shall issue its written decision to approve or deny the application within 45 days of the application being deemed complete.

7.54.4.3.1.3. Failure to issue a written decision within 45 calendar days shall constitute an approval of the application.

7.54.4.3.2. Applications for New Wireless Support Structures that are Subject to Administrative Review and Approval. Within 45 calendar days of the receipt of an application for a New Wireless Support Structure that is subject to Administrative Review and Approval under this Ordinance, the UDO Administrator will:

7.54.4.3.2.1. Review the application for conformity with this Ordinance. An application under this section is deemed to be complete unless the UDO Administrator provides notice that the application is incomplete in writing to the applicant within 45 days of submission or within some other mutually agreed upon time frame. The notice shall identify the deficiencies in the application which, if cured, would make the application complete. The UDO Administrator may deem an application incomplete if there is insufficient evidence provided to show that the eligible facilities request will comply with federal, state, and local safety requirements. The UDO Administrator may not deem an application incomplete for any issue not directly related to the actual content of the application and subject matter of the eligible facilities request. An application is deemed complete on resubmission if the additional materials cure the deficiencies indicated.

7.54.4.3.2.2. Issue a written decision approval on an eligible facilities request application within 45 days of such application being deemed complete.

7.54.4.3.2.3. Failure to issue a written decision within 45 calendar days shall constitute an approval of the application.

7.54.4.3.3. Application Review. When considering applications for wireless telecommunication facilities, the Town shall comply with the requirements of G.S. 160D, Part 3, Wireless Telecommunication Facilities, the Telecommunications Act of 1996, as amended, and the applicable U.S. statutes and FCC orders. The UDO Administrator's review of an application for the placement or construction of a new wireless support structure or substantial modification of a wireless support structure shall only address public safety, land development, or zoning issues. In reviewing an application, the UDO Administrator may not require information on or evaluate an applicant's business decisions about its designed service, customer demand for its service, or quality of its service to or from a particular area or site. The UDO Administrator may not require information that concerns the specific need for the wireless support structure, including if the service to be provided from the wireless support structure is to add additional wireless coverage or additional wireless capacity. The UDO Administrator may not require proprietary, confidential, or other business information to justify the need for the new wireless support structure, including propagation maps and telecommunication traffic studies. In reviewing an application, the UDO Administrator may review the following:

7.54.4.3.3.1. Applicable public safety, land use, or zoning issues addressed in its adopted regulations, including aesthetics, landscaping, land-use based location priorities, structural design, setbacks, and fall zones.

7.54.4.3.3.2. Information or materials directly related to an identified public safety, land development, or zoning issue including evidence that no existing or previously approved wireless support structure can reasonably be used for the wireless facility placement instead of the construction of a new wireless support structure, that residential, historic, and designated scenic areas cannot be served from outside the area, or that the proposed height of a new wireless support structure or initial wireless facility placement or a proposed height increase of a substantially modified wireless support structure, or replacement wireless support structure is necessary to provide the applicant's designed service.

7.54.4.3.3.3. The UDO Administrator may require applicants for new wireless facilities to evaluate the reasonable feasibility of collocating new antennas and equipment on an existing wireless support structure or structures within the applicant's search ring. Collocation on an existing wireless support structure is not reasonably feasible if collocation is technically or commercially impractical or the owner of the existing wireless support structure is unwilling to enter into a contract for such use at fair market value. The UDO Administrator may require information necessary to determine whether collocation on existing wireless support structures is reasonably feasible.

7.54.4.3.4. Building Permit. The Building Inspector shall issue a building permit following approval of the application under Administrative Review in accordance with the process and standards in this Ordinance.

7.54.5. Special Use Permit Process.

7.54.5.1. Any Wireless Facility or Wireless Support Structures not meeting the requirements of Section 7.54.3.2 or 7.54.3.4 above, may be permitted in all zoning districts upon the granting of a Special Use Permit, subject to:

7.54.5.1.1. The submission requirements of Section 7.54.5.2. below; and

7.54.5.1.2. The applicable standards of Section 7.54.6 below; and

7.54.5.1.3. The requirements of the special use permit process in Section 4.9.

7.54.5.2. Content of Special Use Permit Application Package. All Special Use permit application packages must contain the following in addition to those requirements contained in Sections 4.9, 5.4, 7.54.4.1.

7.54.5.2.1. Written description and scaled drawings of the proposed Wireless Support Structure or Wireless Facility, including structure height, ground and structure design, and proposed materials.

7.54.5.2.2. Number of proposed Antennas and their height above ground level, including the proposed placement of Antennas on the Wireless Support Structure.

7.54.5.2.3. Line-of-sight diagram or photo simulation, showing the proposed Wireless Support Structure set against the skyline and viewed from at least four directions within the surrounding areas.

7.54.5.2.4. A statement of the proposed Wireless Support Structure will be made available for Collocation to other service providers at commercially reasonable terms, provided space is available and consistent with Section 7.54.6.1.1 of this Ordinance.

7.54.5.3. Approval Schedule. Within 150 calendar days of the receipt of an application under this section, the Town Council upon recommendation of the Planning Board will:

7.54.5.3.1. Complete the process for reviewing the application for conformity with this Ordinance. An application under this section is deemed to be complete unless the UDO Administrator notifies the applicant in writing, within 30 calendar days of submission of the application of the specific deficiencies in the application which, if cured, would make the application complete. The Town loses the ability to object that the application is incomplete if the applicant is not notified within 30 days. Upon receipt of a timely written notice that an application is deficient, the 150-day clock is stopped until more information is received at which point the 150-day clock starts again. If the application is still incomplete, the clock continues to run until the applicant is notified in writing. Applications are automatically approved after 150 days.

7.54.5.3.2. Make a final decision to approve or disapprove the application.

7.54.5.3.3. Advise the applicant in writing of its final decision. If the Town Council denies an application, it must provide written justification of the denial.

7.54.5.3.4. Failure to issue a written decision within 150 calendar days shall constitute an approval of the application.

7.54.6. General Standards and Design Requirements.

Design standards apply to all communication towers, both staff approved and special use permit.

7.54.6.1. Design.

7.54.6.1.1. Wireless Support Structures shall be subject to the following:

7.54.6.1.1.1. Shall be engineered and constructed to accommodate a minimum number of Collocations based upon their height:

7.54.6.1.1.1.1. Support structures 50 to 100 feet shall support at least two telecommunications providers.

7.54.6.1.1.1.2. Support structures greater than 100feet but less than 150 feet shall support at least three telecommunications providers.

7.54.6.1.1.2. The Equipment Compound area surrounding the Wireless Support Structure must be of sufficient size to accommodate Accessory Equipment for the appropriate number of telecommunications providers in accordance with Section 7.54.4.1.1.

7.54.6.1.1.3. There shall be no interference with local emergency communications or normal radio/television reception.

7.54.6.1.2. Concealed Wireless Facilities shall be designed to accommodate the Collocation of other Antennas whenever economically and technically feasible. Antennas must be enclosed, camouflaged, screened, obscured, or otherwise not readily apparent to a casual observer.

7.54.6.1.3. Upon request of the Applicant, the UDO Administrator or Town Council may waive the requirement that new Wireless Support Structures accommodate the Collocation of other service providers if it finds that Collocation at the site is not essential to the public interest, or that the construction of a shorter support structure with fewer Antennas will promote community compatibility.

7.54.6.1.4. A Monopole or Replacement Pole shall be permitted within utility easements or rights-of-way, in accordance with the following design requirements with approval of the entity controlling the utility easement:

7.54.6.1.4.1. The utility easement or right-of-way shall be a minimum of 100 feet in width.

7.54.6.1.4.2. The easement or right-of-way shall contain overhead utility transmission and/or distribution structures that are 80 feet or greater in height.

7.54.6.1.4.3. The height of the Monopole or Replacement pole may not exceed by more than 30 feet the height of existing monopole structure.

7.54.6.1.4.4. Monopoles and the Accessory Equipment shall be set back a minimum of 15 feet from all boundaries of the easement or right-of-way.

7.54.6.1.4.5. Single carrier Monopoles may be used within utility easements and rights-of-way due to the height restriction imposed by subsection 7.54.6.1.4.3 above.

7.54.6.1.4.6. Poles that use the structure of a utility tower for support are permitted. Such poles may extend up to 30 feet in height of the utility tower.

7.54.6.2. Setbacks. Unless otherwise stated herein, each Wireless Support Structure shall be set back from all property lines a distance equal to its engineered fall zone.

7.54.6.3. Height. In residential districts, Wireless Support Structures shall not exceed a height equal to 60 feet from the base of the structure to the top of the highest point, including appurtenances. Notwithstanding the foregoing, the UDO Administrator or Town Council shall have the authority to vary the foregoing height restriction upon the request of the applicant. With its waiver request, the Applicant shall submit such technical information or other justifications as are necessary to document the need for the additional height to the satisfaction of the UDO Administrator or Town Council, whoever has authority to approve.

7.54.6.4. Aesthetics.

7.54.6.4.1. Lighting and Marking. Wireless Facilities or Wireless Support Structures shall not be lighted or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

7.54.6.4.2. Signage. Signs located at the Wireless Facility shall be limited to ownership and contact information, FCC antenna registration number (if required) and any other information as required by government regulation. Commercial advertising is strictly prohibited. Notwithstanding the foregoing, nothing in this Ordinance shall prohibit signage that is approved for other uses on property on which Wireless Facilities are located (i.e., approved signage at locations on which Concealed Facilities are located).

7.54.6.5. Accessory Equipment. Accessory Equipment, including any buildings, cabinets, or shelters, shall be used only to house equipment and other supplies in support of the operation of the Wireless Facility or Wireless Support Structure. Any equipment not used in direct support of such operation shall not be stored on the site.

7.54.6.6. Fencing.

7.54.6.6.1. Ground mounted Accessory Equipment and Wireless Support Structures shall be secured and enclosed with a fence not less than six feet in height as deemed appropriate by the UDO Administrator or Town Council.

7.54.6.6.2. The UDO Administrator or Town Council may waive the requirement of Section 7.54.4.6.1 if it is deemed that a fence is not appropriate or needed at the proposed location.

7.54.6.7. Standards for Facilities in the Public Rights-of-Way. Wireless telecommunication facilities may be placed in a publicly-owned right-of-way if all the following standards are met:

7.54.6.7.1. The public entity controlling the rights-of-way consents to the encroachment in writing.

7.54.6.7.2. No antennae may be discernable as antennae by the average person from more than 250 feet, unless the standard of subsection 7.54.6.8 below applies. The stricter standard shall apply.

7.54.6.7.3. Wireless installations shall be on poles that meet or exceed current NESC standards and the wind and ice loading requirements of ANSI 222 Version G.

7.54.6.7.4. No open lattice work towers are permitted.

7.54.6.7.5. For Town-controlled rights-of-way:

7.54.6.7.5.1. The UDO Administrator approves the encroachment; and

7.54.6.7.5.2. The established encroachment fees are paid; and

7.54.6.7.5.3. If requested by the Town, the structure is designed to accommodate other reasonable attachments by the Town's electric utility department; and

7.54.6.7.5.4. Unless proven unfeasible by clear and convincing evidence, in lieu of installing new poles, any wireless installation in the public right-of-way shall replace a pre-existing distribution pole, secondary pole, or streetlight.

7.54.6.8. Standards for the R-20, R-9, R-7, R-6, R-6MF, R-6MH, O&I, CB, and Districts. In the R-20, R-9, R-7, R-6, R-6MF, R-6MH, O&I, CB, and PUD districts and in all other zoning districts on properties located within 800 feet of any R-20, R-9, R-7, R-6, R-6MF, R-6MH, O&I, CB, or PUD district (measured from the base of the tower or other supporting structure to the zoning district line), wireless facilities shall meet all of the following standards:

7.54.6.8.1. Poles must not be metal or concrete. Poles must not conduct electricity.

7.54.6.8.2. Poles shall be no taller than 50 feet.

7.54.6.8.3. All supporting structures and antennae must be a (concealed design( including all cabling and antennae inside a (hollow pole( or mounted on the pole.

7.54.6.8.4. All poles must be non-reflective, matte finish.

7.54.6.8.5. No new structures shall be located directly in front of residences unless replacing an existing pole.

7.54.6.8.6. All antennae must be hidden from view or designed so as not to be identified as antennae by a layperson.

7.54.6.8.7. Installation of all facilities shall be the least visibly intrusive type of installation that is not proven to be commercially or technologically impracticable and that will not serve to effectively prohibit the applicant from accomplishing its intended goal.

7.54.6.8.8. Utility poles are not considered support structures.

7.54.6.8.9. New telecommunication devices and support structures shall not be located closer than 800 feet from new and existing structures.

7.54.6.8.10. All radios, network equipment and batteries shall be enclosed in a pedestal cabinet near the pole; or in a pole-mounted cabinet or under a pole mounted shroud.

7.54.6.8.11. Cabinets shall be consistent in size and be no larger than standard NCDOT streetlight signal cabinets.

7.54.7. Miscellaneous Provisions.

7.54.7.1. Abandonment and Removal. If a Wireless Support Structure is Abandoned, and it remains Abandoned for a period in excess of 12 consecutive months, the Town of Oak Island may require that such Wireless Support Structure be removed only after first providing written notice to the owner of the Wireless Support Structure and giving the owner the opportunity to take such action(s) as may be necessary to reclaim the Wireless Support Structure within 60 days of receipt of said written notice. In the event the owner of the Wireless Support Structure fails to utilize the Wireless Support Structure within the 60-day period, the owner of the Wireless Support Structure shall be required to remove the same within six months thereafter. The Town of Oak Island shall ensure and enforce removal by means of its existing regulatory authority, with costs of removal charged to the owner.

7.54.7.2. Multiple Uses on a Single Parcel or Lot. Wireless Facilities and Wireless Support Structures may be located on a parcel containing another principal use on the same site or may be the principal use itself.

7.54.8. Wireless Facilities and Wireless Support Structures in Existence on the Date of Adoption of this Ordinance.

7.54.8.1. Wireless Facilities and Wireless Support Structures that were legally permitted on or before the date this Ordinance was enacted shall be considered a permitted and lawful use.

7.54.8.2. Activities at Non-Conforming Wireless Support Structures. Notwithstanding any provision of this Ordinance:

7.54.8.2.1. Ordinary Maintenance may be performed on a Non-Conforming Wireless Support Structure or Wireless Facility.

7.54.8.2.2. Collocation of Wireless Facilities on an existing non-conforming Wireless Support Structure shall not be construed as an expansion, enlargement, or increase in intensity of a non-conforming structure and/or use and shall be permitted through the Administrative Approval process defined in Section 7.54.4; provided that the collocation does not substantially modify the size of the equipment compound at that location or otherwise substantially modify the existing non-conformity.

7.54.8.2.3. Substantial Modifications may be made to non-conforming Wireless Support Structures utilizing the Special Use Permit process defined in Section 4.9 of this Ordinance.

(Ord. of 10-9-2018; Amend. of 2-9-2021(3))

7.55.1. No vehicle may be stored on the public right-of-way.

7.55.2. Golf cart repairs are permissible inside an enclosed building.

(Amend. of 4-9-2019; Amend. of 4-11-2023(3))

7.56.1. Privacy walls installed to meet commercial buffer requirements must meet buffer standards in Section 10.6.

7.56.2. Residential privacy walls may not exceed six feet and may be erected only in side or rear yards and may not be extended toward the street beyond the front corner of the principal building.

7.56.3. No residential privacy wall exceeding a height of four feet will be constructed within 25 feet of the street right-of-way from the front property line, excluding alleys.

7.56.4. On a corner lot in all districts, nothing shall be erected, planted, or allowed to grow in such a manner as to impede vision in accordance with Section 2.17.

(Amend. of 8-11-2020(2))

7.57.1.Walls

7.57.1.1. Walls are permitted to shield mechanical equipment and other such equipment only.

7.57.1.2. Walls cannot exceed the height requirements in buffer standards in Section 10.6.

7.57.1.3. Walls cannot exceed the height of the mechanical or other equipment it is designed to shield by more than one foot.

7.57.2.Fences

7.57.2.1. Except as provided in subsection 7.11 (Swimming Pools) of this section, any fence built on residential property shall be a maximum of six feet high at the highest corner of the property, except oceanfront lots.

7.57.2.2. Fences not exceeding six feet may be erected only in side or rear yards and may not be extended toward the street beyond the front corner of the principal building, except when a side yard is adjacent to a lot line on a corner lot where a six foot fence would be permitted on the corner lot.

7.57.2.3. No fence exceeding a height of four feet will be constructed within 25 feet of the street right-of-way from the front property line, excluding alleys.

7.57.2.4. If the side yard of a lot adjoins the rear property line of a separate lot that is perpendicular to the lot, then a six foot fence is allowed along the entire side yard up to the property line, except as prohibited by Section 7.57.2.3.

7.57.2.5. Fences not exceeding four feet may be constructed to the street right-of-way except corner lot situations when the corner visibility provisions in as indicated by subsection 7.57.2.6 below may be impose stricter limits.

7.57.2.6. On a corner lot in all districts, nothing shall be erected, planted, or allowed to grow in such a manner as to impede vision in accordance with Section 2.17.

7.57.2.7. In the C-LD district, opaque fences shall be a maximum of six feet or ten feet for metal chainlink fence with or without screening. In the CB, CR, or O&I districts, solid fencing shall not be used to obscure the primary building façade from streets and travelways. Where used, solid fencing shall be located behind the building line of the primary facade(s). Chain link fencing is not permitted where it will be visible from streets and travelways unless it is completely hidden by a permanently maintained vegetative cover.

7.57.2.8. On oceanfront lots, fences shall be a maximum of four feet in height.

7.57.2.9. Fences shall be constructed so that the finished (sheathed) side is oriented toward adjoining lots or the public right-of-way.

7.57.2.10. The prescribed heights of required fences, walls, or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage, or similar areas are located above finished grade, the height of fences, walls, or landscaping required to screen such areas or space shall be measured from the level of such improvements.

(Amend. of 8-11-2020(2); Amend. of 3-11-2025(1))

Condominium, mixed use.

7.58.1. The property shall have frontage upon a minor arterial or higher classification street.

7.58.2. Parking shall be calculated at a ratio of one space for every 300 square feet of gross floor area for each non-residential unit unless the specific uses (office, retail, etc.) are identified within the application materials in addition to the residential requirements pursuant to Section 10.19.

7.58.3. A buffer meeting the requirements of Article 10 must be installed and maintained adjacent to any property zoned or developed for residential purposes.

7.58.4. Density is calculated at a total maximum of 16 units per acre, regardless of the use.

7.58.5. In no case shall the number of nonresidential units exceed the number of residential units in a mixed use condominium project.

7.58.6. Minimum front yard setback may be reduced to ten feet if all parking is provided in the rear, if ingress/egress and other traffic safety is not compromised.

7.58.7. Each dwelling shall have a direct means of access to the exterior of the building so that no access to the dwelling is provided through the use located on the lower floor(s) of the commercial building.

7.58.8. The floor area devoted to the dwelling(s) shall not exceed twice the floor area devoted to the permitted business use(s).

7.58.9. All other applicable ordinance and standards must be compliant.

(Amend. of 6-8-2021(10))

7.59.1. Airport and airport related uses shall be permitted in the CL-D district provided the subject parcel also contains AD Airport District zoning.

7.59.2. Airport and related uses shall be developed based on an FAA-approved Master Plan and applicable FAA regulations.

(Amend. of 7-12-2022(2); Amend. of 3-11-2025(1))

7.60.1. Clubs and Lodges shall not conduct any business described by General Statute as an "adult establishment" or the Unified Development Ordinance as a "Sexually Oriented Business".

(Amend. of 3-11-2025(1))

7.62.1. Such uses shall be limited to a Floor to Area ratio of 0.75.

7.62.2. Lighting shall be dark sky and designed not to shine onto adjacent properties in addition to meeting the requirements of Article 10 Part V of the UDO.

7.62.3. Street Yards shall contain three Shade Trees and eight Intermediate Shrubs per 50 linear street frontage, or fraction thereof.

7.62.4. Such uses shall have a minimum setback distance of 75 feet from adjacent properties.

7.62.5. Such uses shall provide stormwater control systems through a combination of infiltration systems, bioretention systems, constructed stormwater wetlands, sand filters, cisterns, rain gardens, or alternative low impact development stormwater management systems designed in accordance with 15A NCAC 02H.1008 and any locally required design criteria.

(Amend. of 3-11-2025(1))

7.63.1. Such uses shall be limited to a Floor to Area ratio of 0.75.

7.63.2. Lighting shall be dark sky and designed not to shine onto adjacent properties in addition to meeting the requirements of Article 10 Part V of the UDO.

7.63.3. Street Yards shall contain three Shade Trees and eight Intermediate Shrubs per 50 linear street frontage, or fraction thereof.

7.63.4. Buffer yards shall be a Type B2 as described in Section 10.6 of the Unified Development Ordinance.

7.63.5. Such uses shall have a minimum setback distance of 100 feet from adjacent properties.

7.63.6. Such uses shall provide stormwater control systems through a combination of infiltration systems, bioretention systems, constructed stormwater wetlands, sand filters, cisterns, rain gardens, or alternative low impact development stormwater management systems designed in accordance with 15A NCAC 02H.1008 and any locally required design criteria.

7.63.8. Such uses shall not be located in a Special Flood Hazard Area as defined in Chapter 18 of the Code of Ordinances.

(Amend. of 3-11-2025(1))

7.64.1. Primary vehicular access to the college shall be provided by way of a collector or higher designation street, not a local street.

7.64.2. Colleges shall have a minimum 50-foot setback from side and rear property lines.

7.64.3. Outdoor recreational facilities [shall] be buffered from any adjacent residentially-zoned lots with a Type B-2 bufferyard.

(Amend. of 3-11-2025(1))

7.65.1. Private Libraries in Residential Zoning.

7.65.1.1. Shall be limited to six feet in height.

7.65.1.2. Shall be located outside of the Right-of-Way and any sight distance triangle.

7.65.1.3. Shall be limited to a pole-type give and take book and/or food exchange.

7.65.1.4. Such libraries shall be enclosed.

7.65.1.5. Such libraries shall be maintained by the property owner so as not to create a public nuisance.

(Amend. of 3-11-2025(1))

7.66.1. Primary vehicular access to the school shall be provided by way of a collector or higher designation street, not a local street. This provision shall not apply to institutions with 200 or fewer students.

7.66.2. Outdoor recreational facilities [shall] be buffered from any adjacent residentially-zoned lots with a Type B-2 bufferyard.

7.66.3. Lighting shall be dark sky and designed not to shine onto adjacent properties in addition to meeting the requirements of Article 10 Part V of the UDO.

(Amend. of 3-11-2025(1))

7.67.1. Primary vehicular access to the school shall be provided by way of a collector or higher designation street, not a local street. This provision shall not apply to institutions with 200 or fewer students.

7.67.2. Lighting shall be dark sky and designed not to shine onto adjacent properties in addition to meeting the requirements of Article 10 Part V of the UDO.

(Amend. of 3-11-2025(1))

7.68.1. Facilities in Residential Zoning Districts shall be limited to one acre and all treatment shall be fully enclosed.

(Amend. of 3-11-2025(1))

7.69.1. Clubhouses and their accessory uses and structures associated with Country Clubs shall be set back a minimum of 50 feet from residential land uses.

7.69.2. Outdoor recreation or accessory facilities shall be buffered from adjacent residential uses with a Type A bufferyard.

(Amend. of 3-11-2025(1))

7.71.1. Governmental postal processing facilities shall be buffered from adjacent residential uses by a Type B-2 bufferyard.

7.71.2. Governmental postal processing facilities shall have a minimum setback of 50 feet from side and rear property lines.

7.71.3. Governmental postal processing facilities parking and loading areas shall be setback 50 feet from side and rear property lines.

(Amend. of 3-11-2025(1))

7.72.1. Such uses shall be limited to a Floor to Area ratio of 0.75.

7.72.2. Lighting shall be dark sky and designed not to shine onto adjacent properties in addition to meeting the requirements of Article 10 Part V of the UDO.

7.72.3. Street Yards shall contain three Shade Trees and eight Intermediate Shrubs per 50 linear street frontage, or fraction thereof.

7.72.4. Such uses shall have a minimum setback distance of 100 feet from adjacent properties.

7.72.5. Such uses shall provide stormwater control systems through a combination of infiltration systems, bioretention systems, constructed stormwater wetlands, sand filters, cisterns, rain gardens, or alternative low impact development stormwater management systems designed in accordance with 15A NCAC 02H.1008 and any locally required design criteria.

7.72.6. Such uses shall be buffered from all adjacent properties with a Type C Bufferyard.

(Amend. of 3-11-2025(1))

7.73.1. Lighting shall be dark sky and designed to not shine onto adjacent properties in addition to meeting the requirements of Article 10 Part V of the UDO.

7.73.2. Street Yards shall contain three Shade Trees and eight Intermediate Shrubs per 50 linear street frontage, or fraction thereof.

7.73.3. Such uses shall have a minimum setback distance of 50 feet from adjacent properties.

7.73.4. Such uses shall provide stormwater control systems through a combination of infiltration systems, bioretention systems, constructed stormwater wetlands, sand filters, cisterns, rain gardens, or alternative low impact development stormwater management systems designed in accordance with 15A NCAC 02H.1008 and any locally required design criteria.

7.73.5. Such uses shall not be located in a Special Flood Hazard Area as defined in Chapter 18 of the Code of Ordinances.

(Amend. of 3-11-2025(1))

7.74.1. Lighting shall be dark sky and designed not to shine onto adjacent properties in addition to meeting the requirements of Article 10 Part V of the UDO.

7.74.2. Street Yards shall contain three Shade Trees and eight Intermediate Shrubs per 50 linear street frontage, or fraction thereof.

7.74.3. Such uses shall have a minimum setback distance of 100 feet from adjacent properties.

7.74.4. Such uses shall provide stormwater control systems through a combination of infiltration systems, bioretention systems, constructed stormwater wetlands, sand filters, cisterns, rain gardens, or alternative low impact development stormwater management systems designed in accordance with 15A NCAC 02H.1008 and any locally required design criteria.

7.74.5. Such uses shall use pervious materials for parking areas.

(Amend. of 3-11-2025(1))

7.75.1. Outdoor recreation or accessory facilities shall be buffered from adjacent residential uses with a Type A bufferyard.

(Amend. of 3-11-2025(1))

7.76.1. Clubhouses and their accessory uses and structures associated with Golf Courses shall be setback a minimum of 50 feet from residential land uses

7.76.2. Outdoor recreation or accessory facilities shall be buffered from adjacent residential uses with a Type A bufferyard.

(Amend. of 3-11-2025(1))

7.78.1. Such dwellings shall have a minimum of one parking space per unit in addition to any parking required for the principal use.

(Amend. of 3-11-2025(1))

7.81.1. Such developments shall be limited to no more than seven dwelling units per acre.

(Amend. of 3-11-2025(1))

7.82.1. As defined by this chapter, residential child-care facilities must be located no closer than one-half mile from any other residential child-care facilities. As provided for in Section 4.10.2, a variance to the one-half mile separation requirement may be obtained when the separation is accomplished by man-made features (i.e., railroad yards, freeways) or natural features (i.e., rivers, wetlands) and provides sufficient separation to ameliorate the effects that justified the separation.

(Amend. of 3-11-2025(1))

7.83.1. Audio/video production shall be housed indoors.

(Amend. of 3-11-2025(1))

7.85.1. Lighting shall be dark sky and designed not to shine onto adjacent properties in addition to meeting the requirements of Article 10 Part V of the UDO.

7.85.2. Bufferyards shall consist of a Type A2 buffer.

7.85.3. Such uses shall comply with all applicable stormwater regulations.

(Amend. of 3-11-2025(1))

7.87.1. Lighting shall be dark sky and designed not to shine onto adjacent properties in addition to meeting the requirements of Article 10 Part V of the UDO.

7.87.2. Street Yards shall contain three Shade Trees and eight Intermediate Shrubs per 50 linear street frontage, or fraction thereof.

7.87.3. Bufferyards shall consist of a Type C buffer.

7.87.4. Such uses shall be setback a minimum of 50 feet from adjacent residential uses or zoning districts.

(Amend. of 3-11-2025(1))

7.91.1. Lighting shall be dark sky and designed not to shine onto adjacent properties in addition to meeting the requirements of Article 10 Part V of the UDO.

7.91.2. Street Yards shall contain three Shade Trees and eight Intermediate Shrubs per 50 linear street frontage, or fraction thereof.

7.91.3. Such uses shall have a minimum setback distance of 50 feet from adjacent properties.

7.91.4. Such uses shall provide stormwater control systems through a combination of infiltration systems, bioretention systems, constructed stormwater wetlands, sand filters, cisterns, rain gardens, or alternative low impact development stormwater management systems designed in accordance with 15A NCAC 02H.1008 and any locally required design criteria.

7.91.5. Use must have direct access to a major arterial street.

(Amend. of 3-11-2025(1))

7.92.1. Such developments shall be screened from residential uses or zoning by a Type B-1 bufferyard.

7.92.2. Such developments shall be setback a minimum of 35 feet from adjacent residential uses or zoning.

(Amend. of 3-11-2025(1))

7.94.1. Outdoor storage of materials for sale shall be screened by a Type C bufferyard.

(Amend. of 3-11-2025(1))

7.95.1. Agriculturally-related businesses must be located on the same parcel as a bona fide farm as described in North Carolina General Statute 160D-903.

(Amend. of 3-11-2025(1))