This chapter shall be known as the zoning ordinance of the Town of Ocean Isle Beach, North Carolina; and the zoning map referred to in this chapter as the "Official Zoning Map of the Town of Ocean Isle Beach, North Carolina," shall be known as the zoning map; and this map, together with all notations, references and amendments, is made a part of this chapter the same as if such information set forth on the map were fully described and set out in this chapter. The zoning map, both current and prior adopted versions, shall be on file in the office of the zoning administrator. The zoning map(s) may be in paper or digital format.

(Code 1983, § 7-2-1; Ord. of 7-11-2006(2), § 1; Res. No. 2020-19, 11-10-2020)

The regulations set forth in this chapter shall be applicable within the corporate limits of the town and the town's area of extraterritorial jurisdiction. Any extension of the extraterritorial jurisdiction shall be in accordance with G.S. 160D-202(d).

(Code 1983, § 7-2-1; Res. No. 2020-19, 11-10-2020)

Editor's note— Ord. of 7-11-2006(2), § 2, deleted § 66-3, which pertained to terminology and derived from Code 1983, § 7-2-1.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use structure means a detached, subordinate structure the use of which is clearly incidental and related to that of the principal structure or use of land, and which is located on the same lot as that of the principal structure or use.

Administrative decision means a decision made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this chapter.

Amusement means an establishment contained within a fully enclosed permanent structure to provide recreational entertainment activities. Amusements may include, but are not limited to, arcades, laser tag, paintball, and indoor miniature golf.

Apartment means a suite of rooms or a room in a multifamily building arranged and intended for a place of residence of a single family.

Bed and breakfast means the commercial use of a private home offering bed and breakfast accommodations with rental of not more than four bedrooms to accommodate eight or less persons per night for a period of less than one week. Bed and breakfast establishments shall be considered as commercial accommodations in regard to lot size and shall comply with any state or federal rules governing the sanitation of bed and breakfast homes.

Bedroom means fully enclosed interior room as shown on the building plan for the structure having, as a minimum, a doorway, window and closet.

Body piercing means the creation of an opening in the body of a human being so as to create a permanent hole for the purpose of inserting jewelry or other decoration. Body piercing includes piercing an ear, lip, tongue, nose, naval, eyebrow, or any other part of the body except for earlobes. Body piercing does not include piercing an ear lobe with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear lobe.

Body piercing establishment means any business, business activity, club or other establishment within which the activity of body piercing occurs either as the primary form of business or as part of a secondary or accessory use.

Body piercing vendor means any person, firm, corporation or other entity which sells or offers to sell body piercing services to the general public, including any and all employees, agents, representatives and independent contractors of a firm, corporation or other entity.

Bona fide farm means a property that is located in the town's extraterritorial jurisdiction that is used for bona fide farm purposes in accordance with G.S. 160D-903(a) and is exempt from zoning regulation to the same extent bona fide farming activities are exempt from county zoning pursuant to G.S. 160D-903.

Building setback line means a line establishing the minimum allowable distance between the main portion of any building and the property line of record when measured perpendicular to the line. Covered porches and carports, whether enclosed or unenclosed, shall be considered as part of the main portion of the building and shall not project into the required yard. Roof overhangs shall not be included in these calculations.

Bulkhead means a retaining wall along a waterfront.

Camper means any vehicle or structure constructed in such a manner as to permit occupancy as sleeping quarters and used as a conveyance on the road or highway under its own or other motor power.

Clubhouse (to include but not limited to beach clubs, cabana clubs, property owners association facilities and similar-type uses) means a building or facility owned or operated by an incorporated, unincorporated, chartered association or an individual or individuals nominated by such entities for the purpose of engaging in social, civic, educational, recreational, cultural or similar activities; but not primarily for profit or to render a service that is customarily carried on as a business; that the use of the clubhouse shall be used solely for the benefit of its members. Clubhouses shall have no overnight guests.

Condominium means the ownership of single units in a multiunit structure with common areas and facilities. See definition for Motel (condotel).

Condominium unit means an enclosed space consisting of one or more rooms occupying all or part of a floor in a building or one or more floors or stories and shall include such accessory spaces and areas as may be described in the declaration, such as garage space, storage space, balcony, terrace or patio provided it has a direct exit to a thoroughfare or to a given common space leading to thoroughfare.

Cottage means the same as the term "dwelling."

Development approval means an administrative or quasi-judicial approval made pursuant to this chapter that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, and variances. The term also includes all other regulatory approvals required by regulations adopted pursuant to this ordinance, including plat approvals, permits issued, development agreements entered into, and building permits issued.

Dock means a structure used for the reception of waterborne craft the platform of which is used for the loading and unloading of materials.

Dwelling, multifamily means a residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units.

Dwelling, single-family means a detached residential dwelling unit other than a mobile home, designed or occupied by one family only.

Dwelling, two-family means a detached residential building containing two dwelling units, designed for occupancy by not more than two families.

Electronic gaming operation means a business enterprise, whether principal or accessory, where persons utilize electronic machines, including, but not limited to, computers and gaming terminals, to conduct games of chance, including sweepstakes and where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not value of such distribution is determined by electronic games played or by predetermined odds.

Evidentiary hearing means a hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision.

Floating home means a boat or other floating structure placed in a body of water and serving as a dwelling.

Floor means the level base of a room.

Footprint means the shape of a building reflecting the outside of the perimeter walls.

Front side of structure means that side so designated by the zoning administrator who shall use the consistency in 911 numbering as the primary criteria.

Frontage means the distance measured between the corners of the lot on the street side that is to the front side of the lot.

Gazebo means a structure consisting of a floor, foundation and roof, and open on the sides.

Governing board means the town board of commissioners.

Grade shall be established as eight inches above the centerline of the street at the center of the front property line of the lot on which a structure is to be measured. On lots where section 10-112(c) does not apply or where the unfilled existing lot is at an elevation higher than eight inches above the centerline of the frontage street, grade shall be determined by the building inspector averaging the grade of the ground at four nearly equal distance points around the exterior of the structure. These four points shall not be artificially elevated for the purpose of circumventing this definition.

Gross floor area means the area within the exterior perimeter of the exterior walls, with no deductions for corridors, closets, thickness of walls, columns or other features. The square footage shall include exterior walls and all areas contained within the exterior walls.

Hotel/motel/condotel means one or more buildings containing sleeping units with individual access to the outside in which accommodations are offered to transient guests for compensation and contains an on-site office for the purpose of renting rooms and such other operational functions normal to these facilities.

Junkyard means an establishment operated or maintained for the purpose of storing, buying, selling scrap or used materials such as paper, metals, rubber, rags, glass, wrecked, used or dismantled products and articles, such as machinery, vehicles, appliances and the like.

Legislative decision means the adoption, amendment, or repeal of a regulation under this chapter or an applicable local act.

Living area means space within a dwelling or building utilized for living, sleeping, eating, cooking, bathing, washing or sanitation purposes.

Lockout room means a room within a living unit that can be locked in such a way that allows the bedrooms to be rented out individually.

Lot. Refer to section 50-5, subdivision regulations for definition of lots and related terms.

Lot depth means the distance from the midpoint of the front lot line to the midpoint of the rear lot line.

Lot width means the distance between side lot lines measured at the midpoint of the side lot lines.

Marina means any publicly or privately owned dock, basin, or wet boat storage facility constructed to accommodate more than two boats (pleasure and/or commercial) and providing any of the following services: Permanent or transient docking spaces, dry storage, fueling facilities, haul-out facilities, and in-water repair services.

Mean high water mark means the mean high water mark as defined by the North Carolina Coastal Management Act Regulations.

Mobile home or trailer means a vehicle, with or without its own motive power source, equipped, designed or used for living purposes, mounted on wheels or designed to be so mounted and transported.

Motel means one or more buildings containing sleeping units with individual access to the outside in which accommodations are offered to guests for compensation. For the purposes of this chapter, the term "hotel" shall be included in the term "motel."

Motor home means a self-contained vehicle designed for human habitation with its own motive power and with a passageway from the body of the home to the driver's and front passenger's seat.

Nonconforming use means a structure or land which does not conform to the use regulations of this chapter for the district in which it is located.

Open air amusement means an establishment to provide commercial recreational entertainment activities that are primarily conducted outside of a fully enclosed permanent structure. Open air amusements may include, but are not limited to, miniature golf, waterslides and water parks, playgrounds or amusement parks, tennis courts, basketball courts, volleyball courts, and batting cages.

Parking means parking as defined in section 66-132.

Pick-up truck means a motor vehicle designed primarily for the transportation of property and equipped with a permanently fixed open box frame, and with a gross haul weight not to exceed one and one-half tons.

Pier means a structure extending into navigable water for use as a landing place or promenade or to protect or form a harbor.

Regulatory flood protection elevation means the regulatory flood protection elevation as defined in chapter 30, section 30-36.

Room means a partitioned part of the inside of a building or dwelling.

Sign means a sign as defined in section 66-232.

Storage facilities (outdoor storage yard) means the open storage of various materials, commodities or items for the purposes of future use, safekeeping or sale. Airport facilities are excluded.

Storage facilities (warehouse, indoor storage) means the indoor storage of various materials, commodities, furniture, household goods or other residential goods. Including warehouses, mini-storage facilities offered for rent or lease to the general public.

Story means the space in a dwelling or building between two adjacent floor levels or between a floor and the roof.

Street. Refer to chapter 50-5, subdivision regulations for definition of lots and related terms.

Street line means a dividing line between a lot and a street right-of-way.

Street right-of-way means the area of land between the paved portion of the street and the property lines of adjacent landowners.

Tattooing means the inserting of permanent markings or coloration, or the producing of scars, upon or under human skin through puncturing by use of a needle or any other method.

Tattoo parlor means any business, business activity, club or other establishment within which the activity of tattooing occurs either as the primary form of business or as part of a secondary or accessory use.

Tattooing vendor means any person, firm, corporation or other entity which sells or offers to sell tattooing services to the general public, including any and all employees, agents, representatives and independent contractors of a firm, corporation or other entity.

Trailer means a vehicle without motive power designed for carrying persons or property on its own structure and is drawn by a vehicle with motive power. The term trailer shall include trailer coach, semitrailer, travel trailer or utility trailer.

Variance means relaxation of the terms of this chapter, as set forth in section 66-405.

Vending machine means a machine that dispenses merchandise for money or electronic payment card. Vending machines shall be an accessory structure to an existing commercial establishment except in the case of a fully automated carwash.

Yard means an open area on the same lot with a principal building, unoccupied and unobstructed from the ground upward.

Yard, front, required means the minimum open space required between the front lot line and front building line of a principal building or structure, projected to the side lot lines of the lot.

Yard, rear, required means the minimum open space required between the rear lot line and rear building line of a principal building or structure, projected to the side lines of the lot, and may contain permitted accessory buildings, structures or uses.

Yard, side, required means an open unoccupied space, including driveways and parking areas, between the side lot line and the side building line, extending from required setback to the required rear yard.

(Code 1983, § 7-2-1; Ord. of 7-11-2000(3); Ord. of 7-10-2001, § 2; Ord. of 1-8-2002, § 1; Ord. of 4-9-2002(1), § 1; Ord. of 10-8-2002, § 1c.; Ord. of 12-10-2002, § 1; Ord. of 4-11-2006(2), § 1; Ord. of 7-11-2006(2), § 3(a)—(g); Ord. of 4-10-2007; Res. No. 2008-29, § 4, 10-14-2008; Res. No. 2012-11, § 1.b., 10-9-2012; Res. No. 2013-23, § 1, 9-10-2013; Res. No. 2019-3, § 1, 1-8-2019; Res. No. 2020-19, 11-10-2020)

Cross reference— Definitions generally, § 1-2.