To achieve the purposes and objectives of this chapter, the following districts are hereby established:

R-1 single-family residential district.

R-1M single-family and two-family residential district mainland.

R-2 multifamily residential district.

R-2M multifamily residential district mainland.

R-3 general residential district.

C-1 commercial accommodations district.

C-2 commercial business district.

C-2M commercial causeway mainland.

C-3 commercial highway district.

C-1-165 Ocean Point district.

(Ord. of 4-10-2007; Res. of 11-13-2007)

(a)

The boundaries of each area and of each district are indicated on the zoning map and are a part of this chapter.

(b)

Uncertainty as to the boundaries will be interpreted by the planning director. Where it is alleged that the planning director has misinterpreted the boundaries, an appeal from the ruling of the planning director may be filed as provided in article XI.

(Ord. of 4-10-2007)

(a)

The official zoning map shall be located in the office of the planning director.

(b)

No changes of any nature shall be made in the zoning map except in conformity with procedures set forth in this chapter.

(Ord. of 4-10-2007)

No building, structure or land shall be used or occupied, and no building or structure or part of a building or structure shall be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all the regulations specified in this chapter for the district in which it is located.

Exception: The enlargement or expansion of a nonconforming single-family residential structure on a single residential lot is permitted provided the enlargement or expansion meets all current ordinances and setbacks.

(Ord. of 4-10-2007; Res. No. 2025-1, 1-14-2025)

The R-1 district is intended primarily for single-family dwellings. Certain nonresidential uses are permitted. Regulations for this district are designed to maintain a suitable environment for family living. Two-family dwellings were deleted as a permitted use in R-1 zoned areas effective February 9, 1999.

(1)

Permitted uses. Single-family for short-term or long-term occupancy, accessory use structures, clubhouses ¹ , commercial parking, municipal or public utility stations and substations are permitted. Clubhouses are not permitted in the R-1 district.

(2)

Special uses. The following uses shall be permitted if approved as a special use: Tennis courts, parks or playgrounds, churches, public or private schools, museums, municipally owned recreational facilities and fire stations. Nonconforming special uses will be allowed to continue as long as they are not structurally altered to increase the size or servitude of the structure and they uphold the requirements of their original special use permit.

(3)

Lots. Minimum lot area, width and yard requirements are as follows:

¹ All structures that meet the definition of "clubhouse" shall only be allowed to be constructed or operated in commercial zones (C-1, C-2, C-2M, and C-3). An exception to this limitation would permit planned unit developments or residential subdivisions yet to be developed within residential zones to have a community building or clubhouse that will be open to those who purchase property within the subdivision provided that any clubhouse constructed

(a)

The maximum height of structures for other than utility purposes shall be measured such as to allow for the construction of two floors, limited to 31 feet measured from the bottom of the lowest horizontal structural member to the highest point of the structure.

(b)

Reserved.

(c)

All new or substantially improved structures shall comply with the National Flood Insurance Program (NFIP) requirements, flood insurance rate maps (FIRM) and any subsequent regulations contained in chapter 30 of the Ocean Isle Beach Code of Ordinances.

(d)

The Town takes notice of the fact that there are several lots within residential subdivisions that when originally platted or modified are only 47 feet in width or less than 5,000 square feet. Since these lots were platted prior to 2005, the Town will not deny the issuance of a permit for construction as long as these lots are at least 47 feet in width and contain less than 5,000 square feet. However, all other requirements of the zoning ordinance must be met.

(4)

Height limitation. All buildings shall be limited to two stories of living area.

(5)

Rear yard setback for lots adjacent to water bodies shall be subject to current CAMA requirements affecting such lots.

(6)

Gross floor area. The gross floor areas above flood level shall be no more than 50 percent of the total deeded lot area. Impervious surfaces shall not exceed 50 percent of the total deeded lot area.

(7)

Exterior walls. Exterior walls of all dwellings shall be located no closer than seven feet from the side lines.

(8)

Lockout rooms. The use of lockout rooms is prohibited for multi-tenant or multifamily occupancy within the R-1 single-family residential district.

(9)

Reserved.

(10)

[Calculating square footage of lot.] For purposes of calculating the square footage of a lot, the dimensions of the lot shall be controlled by the dimensions on the original subdivision plat or the original metes and bounds description contained within the deed, if there was not a recorded plat of said property and provided said deed was recorded prior to November 9, 2004. If a property owner is conveyed additional property contiguous to his original lot, the additional area may not be included for purposes of determining the square footage of the lots unless:

a.

A deed of recombination is prepared and filed; and

b.

The additional property is entirely outside/landward of the mean high water, the 404 line, any designated wetlands and the first line of stable natural vegetation as defined by CAMA.

NOTE: Permits for development and construction on property located on the concrete canals will be required to use the property line that was established by the dimensions on the original subdivision plat or contained in the metes and bounds description within the deed for the property within the chain of title that was recorded prior to November 9, 2004. No additional property conveyed on the concrete canals after November 9, 2004, can be used in determining the rear yard setback line.

(11)

[Motor homes, campers and travel trailers.] Motor homes, campers and travel trailers shall be parked entirely on property that the owner of said vehicle owns or leases. Motor homes, campers and travel trailers shall maintain a required five-foot setback from the front, side and rear property lines. At no time shall these ever be used as sleeping quarters on the premises. (See traffic and vehicle ordinance chapter 54-73)

(12)

Clubhouses. * Clubhouses and associated parking areas shall meet the following criteria:

a.

Provide an opaque vegetative screening which shall be ten feet tall at the time of planting and a ten-foot natural vegetative buffer zone between the property line and any building, structure or surface associated with the clubhouse.

b.

Clubhouse signage shall be limited to nonilluminated wall signage with a six-square foot maximum size.

c.

Associated parking areas shall have a five-foot natural vegetative buffer around the property line which shall contain plantings at least ten feet in height at the time of planting.

(13)

Commercial parking. Commercial parking located within the R-1 zoning district shall only be permitted if the parking is directly adjacent to a commercially zoned lot where a commercial business is being operated. For the purposes of this section, directly adjacent shall mean either the parcel abuts directly to the commercial zoning district or is separated from the commercial zoning district by a street or street right-of-way.

a.

If the property proposed to be used as parking space is not owned by the adjacent business owner, the owner must submit a lease between him and the lessor in a form that can be properly recorded, said lease terms shall be reviewed and approved by the town prior to recordation.

b.

Commercial parking located in the R-1 zoning district shall not be used to meet the minimum number of spaces required for parking as set out in chapter 66, article IV for newly constructed businesses. Parking shall only be used for expansion or overflow purposes for existing businesses or commercial accommodations.

c.

All parking must meet the minimum requirements set out in section 66-135 and 66-136. However, commercial parking on residential lots shall be exempt from the paving requirement in section 66-135(d)(5). If an impervious material is used an engineered stormwater drainage plan must be submitted prior to approval.

d.

The five-foot minimum setback shall be used as a vegetative screening from adjacent residential properties. A landscaping plan must be submitted to the town for approval prior to any improvements being installed on the property. All landscaping shall be maintained for the duration of the parking lease.

(14)

Density. The density limitation within this district shall be six units per acre.

(Ord. of 4-10-2007; Res. of 10-30-2007; Res. No. 2012-09, § 1, 8-14-2012; Res. No. 2013-25, § 1, 11-12-2013; Res. No. 2014-12, § 2, 7-8-2014; Res. No. 2014-24, § 1, 12-9-2014; Res. No. 2015-19, § 1.a., 9-8-2015; Res. No. 2020-8, § 1, 9-8-2020)

(a)

The R-1M district's criteria for development shall continue to be the same as provided for in R-1. This area would be defined as that area bordered on the west by the extraterritorial boundary line, on the south by the Intracoastal Waterway, on the north by the current R-1 northern boundary line, and on the east by the current R-1 eastern boundary line.

(b)

This district is intended primarily for single- and two-family dwellings. Certain nonresidential uses are permitted. Regulations for this district are designed to maintain a suitable environment for family living.

(1)

Permitted uses. Single-family and two-family dwellings for short-term or long-term occupancy, accessory use structures, clubhouses, and municipal or public utility stations and substations are permitted.

(2)

Special uses. The following uses shall be permitted if approved as a special use: Tennis courts, parks or playgrounds, churches, public or private schools, museums, bed and breakfast establishments and fire stations.

(3)

Lots. Minimum lot area, width and yard requirements are as follows:

¹ All structures that meet the definition of "clubhouse" shall only be allowed to be constructed or operated in commercial zones (C-1, C-2, C-2M, and C-3). An exception to this limitation would permit planned unit developments or residential subdivisions yet to be developed within residential zones to have a community building or clubhouse that will be open to those who purchase property within the subdivision provided that any clubhouse constructed within this proposed exception shall be located within the boundaries of the subdivision or planned unit development. For the purpose of this exception, subdivisions and planned unit developments must contain a minimum of ten contiguous acres and 20 lot[s] or residential units.

(a)

The maximum height of structures for other than utility purposes shall be measured such as to allow for the construction of two floors, limited to 36 feet measured from grade.

(b)

Any structures located in special flood hazard areas (SFHA) shall comply with chapter 30 of the Ocean Isle Beach Code of Ordinances.

(4)

Rear yard. The minimum rear yard for accessory use structures shall be five feet.

(5)

Height limitation. All buildings shall be limited to two stories of living area.

(6)

Rear yard setback for lotsadjacent to water bodies shall be subject to current CAMA requirements affecting such lots.

(7)

Gross floor area. The gross floor areas above flood level shall be no more than 50 percent of the total deeded lot area.

(8)

Exterior walls. Exterior walls of all dwellings shall be located no closer than seven feet from the side lines.

(9)

Reserved.

(10)

[Calculating square footage of lot.] For purposes of calculating the square footage of a lot, the dimensions of the lot shall be controlled by the dimensions on the original subdivision plat or the original metes and bounds description contained within the deed, if there was not a recorded plat of said property and provided said deed was recorded prior to November 9, 2004. If a property owner is conveyed additional property contiguous to his original lot, the additional area may not be included for purposes of determining the square footage of the lots unless:

a.

A deed of recombination is prepared and filed; and

b.

The additional property is entirely outside/landward of the mean high water, the 404 line, any designated wetlands and the first line of stable natural vegetation as defined by CAMA.

(11)

[Motor homes, campers and travel trailers.] Motor homes, campers and travel trailers shall be parked entirely on property that the owner of said vehicle owns or leases. Motor homes, campers and travel trailers shall maintain a required five-foot setback from the front, side and rear property lines. At no time shall these be connected by electrical cord or jump cord into the power source of any existing permanent structure or structure under construction except in the event of a state of emergency as declared by public officials. At no time shall these ever be used as sleeping quarters on the premises.

(12)

Clubhouses. * Clubhouses and associated parking areas shall meet the following criteria:

a.

Provide an opaque vegetative screening which shall be ten feet tall at the time of planting and a ten-foot natural vegetative buffer zone between the property line and any building, structure or surface associated with the clubhouse.

b.

Clubhouse signage shall be limited to nonilluminated wall signage with a six-square-foot maximum size.

c.

Associated parking areas shall have a five-foot natural vegetative buffer around the property line which shall contain plantings at least ten feet in height at the time of planting.

(13)

Density. The density limitation within this district shall be six units per acre.

(Ord. of 4-10-2007; Res. of 10-30-2007; Res. No. 2015-19, § 1.a., 9-8-2015; Res. No. 2020-8, § 1, 9-8-2020)

The R-2 district is intended primarily for single-family, two-family and multifamily dwellings. Certain nonresidential uses are permitted.

(1)

Permitted uses. Residential, two-family dwelling and multifamily dwelling groups housing three or more families, to include condominiums, apartment structures offering permanent occupancy, clubhouses ¹ , and accessory use structures, as well as all uses permitted in the R-1 district, are permitted.

(2)

Lots. Minimum lot area, width and yard requirements are as follows:

¹ All structures that meet the definition of "clubhouse" shall only be allowed to be constructed or operated in commercial zones (C-1, C-2, C-2M, and C-3). An exception to this limitation would permit planned unit developments or residential subdivisions yet to be developed within residential zones to have a community building or clubhouse that will be open to those who purchase property within the subdivision provided that any clubhouse constructed within this proposed exception shall be located within the boundaries of the subdivision or planned unit development. For the purpose of this exception, subdivisions and planned unit developments must contain a minimum of ten contiguous acres and 20 lots or residential units.

(a)

The maximum height of structures for other than utility purposes shall be measured such as to allow for the construction of two floors, limited to 31 feet measured from the bottom of the lowest horizontal structural member to the highest point of the structure.

(b)

Reserved.

(c)

All new or substantially improved structures shall comply with the National Flood Insurance Program (NFIP) requirements, flood insurance rate maps (FIRM) and any subsequent regulations contained in chapter 30 of the Ocean Isle Beach Code of Ordinances.

(3)

[Calculating square footage of lot.] For purposes of calculating the square footage of a lot, the dimensions of the lot shall be controlled by the dimensions on the original subdivision plat or the original metes and bounds description contained within the deed, if there was not a recorded plat of said property and provided said deed was recorded prior to November 9, 2004. If a property owner is conveyed additional property contiguous to his original lot, the additional area may not be included for purposes of determining the square footage of the lots unless:

a.

A deed of recombination is prepared and filed; and

b.

The additional property is entirely outside/landward of the mean high water, the 404 line, any designated wetlands and the first line of stable natural vegetation as defined by CAMA.

(4)

Exterior walls. Exterior walls of all dwellings shall be located no closer than seven feet from the side lines.

(5)

Rear yard setback for lots adjacent to water bodies shall be subject to current CAMA requirements affecting such lots.

(6)

[Motor homes, campers and travel trailers.] Motor homes, campers and travel trailers shall be parked entirely on property that the owner of said vehicle owns or leases. Motor homes, campers and travel trailers shall maintain a required five-foot setback from the front, side and rear property lines. At no time shall these ever be used as sleeping quarters on the premises. (See traffic and vehicle ordinance, chapter [section] 54-73)

(7)

Clubhouses. * Clubhouses and associated parking areas shall meet the following criteria:

a.

Provide an opaque vegetative screening which shall be ten feet tall at the time of planting and a ten-foot natural vegetative buffer zone between the property line and any building, structure or surface associated with the clubhouse. Exception: A five-foot-wide pedestrian walkway shall be permitted within the required ten-foot side setback as long as the walkway is located on the side adjacent to the building it serves.

b.

Clubhouse signage shall be limited to nonilluminated wall signage with a six-square-foot maximum size.

c.

Associated parking areas shall have a five-foot natural vegetative buffer around the property line which shall contain plantings at least ten feet in height at the time of planting. If the associated parking area is located adjacent to an R-1 zoned lot then the required vegetative buffer zone shall be ten feet from the property lines.

(8)

Density. The density limitation within this district shall be six units per acre.

(Ord. of 4-10-2007; Res. of 10-30-2007; Res. No. 2013-25, § 1, 11-12-2013; Res. No. 2020-8, § 1, 9-8-2020)

Editor's note— Res. of 11-13-2007 deleted § 66-47.5, which pertained to C1G—Commercial golf course district and derived from Ord. of 4-10-2007.

(a)

The R-2M district's criteria for development shall continue to be the same as provided for in R-2. This area encompasses two tracts within the extraterritorial area: First, that area bordered on the west by the current eastern R-1 boundary line south of North Carolina 904, on the south by the Intracoastal Waterway, on the north by the current R-2 line, and on the east by Gause Landing Road. Second, that area located to the north of North Carolina 904 and State Road 1156 and currently zoned R-2.

(b)

This district is intended primarily for single-family, two-family and multifamily dwellings. Certain nonresidential uses are permitted.

(1)

Permitted uses. Residential dwelling and multifamily dwelling groups housing three or more families, to include condominiums, apartment structures offering permanent occupancy, clubhouses ¹ , and accessory use structures, as well as all uses permitted in the R-1 district, are permitted.

(2)

Lots. Minimum lot area, width and yard requirements are as follows:

¹ All structures that meet the definition of "clubhouse" shall only be allowed to be constructed or operated in commercial zones (C-1, C-2, C-2M, and C-3). An exception to this limitation would permit planned unit developments or residential subdivisions yet to be developed within residential zones, to have a community building or clubhouse that will be open to those who purchase property within the subdivision provided that any clubhouse constructed within this proposed exception shall be located within the boundaries of the subdivision or planned unit development. For the purpose of this exception, subdivisions and planned unit developments must contain a minimum of ten contiguous acres and 20 lots or residential units.

(a)

Maximum building height for all the above shall be 36 feet from grade.

(b)

Any structures located in special flood hazard areas (SFHA) shall comply with chapter 30 of the Ocean Isle Beach Code of Ordinances.

(3)

[Calculating square footage of lot.] For purposes of calculating the square footage of a lot, the dimensions of the lot shall be controlled by the dimensions on the original subdivision plat or the original metes and bounds description contained within the deed, if there was not a recorded plat of said property and provided said deed was recorded prior to November 9, 2004. If a property owner is conveyed additional property contiguous to his original lot, the additional area may not be included for purposes of determining the square footage of the lots unless:

a.

A deed of recombination is prepared and filed; and

b.

The additional property is entirely outside/landward of the mean high water, the 404 line, any designated wetlands and the first line of stable natural vegetation as defined by CAMA.

(4)

Rear yard. The minimum rear yard for accessory use structures shall be five feet.

(5)

Rear yard setback for lots adjacent to water bodies shall be subject to current CAMA requirements affecting such lots.

(6)

[Motor homes, campers and travel trailers.] Motor homes, campers and travel trailers shall be parked entirely on property that the owner of said vehicle owns or leases. Motor homes, campers and travel trailers shall maintain a required five-foot setback from the front, side and rear property lines. At no time shall these ever be connected by electrical cord or jump cord into the power source of any existing permanent structure or structure under construction except in the event of a state of emergency as declared by public officials.

(7)

Clubhouses. * Clubhouses and associated parking areas shall meet the following criteria:

a.

Provide an opaque vegetative screening which shall be ten feet tall at the time of planting and a ten-foot natural vegetative buffer zone between the property line and any building, structure or surface associated with the clubhouse.

b.

Clubhouse signage shall be limited to non-illuminated wall signage with a six-square-foot maximum size.

c.

Associated parking areas shall have a five-foot natural vegetative buffer around the property line which shall contain plantings at least ten feet in height at the time of planting.

(8)

Density. The density limitation within this district shall be six units per acre.

(Ord. of 4-10-2007; Res. of 10-30-2007; Res. No. 2020-8, § 1, 9-8-2020)

The R-3 district is intended primarily for single-family, two-family and mobile homes. Certain nonresidential uses are permitted.

(1)

Permitted uses. Mobile homes and accessory use structures, as well as all uses permitted in the R-1M and R-2M districts, are permitted.

(2)

Lots. Minimum lot area, width and yard requirements are as follows:

¹ All structures that meet the definition of "clubhouse" shall only be allowed to be constructed or operated in commercial zones (C-1, C-2, C-2M, and C-3). An exception to this limitation would permit planned unit developments or residential subdivisions yet to be developed within residential zones, to have a community building or clubhouse that will be open to those who purchase property within the subdivision provided that any clubhouse constructed within this proposed exception shall be located within the boundaries of the subdivision or planned unit development. For the purpose of this exception, subdivisions and planned unit developments must contain a minimum of ten contiguous acres and 20 lot[s] or residential units.

(a)

Maximum building height for all the above shall be 36 feet from grade.

(b)

Any structures located in Special Flood Hazard Areas (SFHA) shall comply with chapter 30 of the Ocean Isle Beach Code of Ordinances.

(3)

[Calculating square footage of lot.] For purposes of calculating the square footage of a lot, the dimensions of the lot shall be controlled by the dimensions on the original subdivision plat or the original metes and bounds description contained within the deed, if there was not a recorded plat of said property and provided said deed was recorded prior to November 9, 2004. If a property owner is conveyed additional property contiguous to his original lot, the additional area may not be included for purposes of determining the square footage of the lots unless:

a.

A deed of recombination is prepared and filed; and

b.

The additional property is entirely outside/landward of the mean high water, the 404 line, any designated wetlands and the first line of stable natural vegetation as defined by CAMA.

(4)

Rear yard. The minimum rear yard for accessory use structures shall be five feet.

(5)

Rear yard setback for lotsadjacent to water bodies shall be subject to current CAMA requirements affecting such lots.

(6)

[Motor homes, campers and trailers.] Motor homes, campers and travel trailers shall be parked entirely on property that the owner of said vehicle owns or leases. Motor homes, campers and travel trailers shall maintain a required five-foot setback from the front, side and rear property lines. At no time shall these ever be connected by electrical cord or jump cord into the power source of any existing permanent structure or structure under construction except in the event of a state of emergency as declared by public officials.

(7)

Clubhouses. * Clubhouses and associated parking areas shall meet the following criteria:

a.

Provide an opaque vegetative screening which shall be ten feet tall at the time of planting and a ten-foot natural vegetative buffer zone between the property line and any building, structure or surface associated with the clubhouse.

b.

Clubhouse signage shall be limited to non-illuminated wall signage with a six-square-foot maximum size.

c.

Associated parking areas shall have a five-foot natural vegetative buffer around the property line which shall contain plantings at least ten feet in height at the time of planting.

(8)

Density. The density limitation within this district shall be six units per acre.

(Ord. of 4-10-2007; Res. of 10-30-2007; Res. No. 2020-8, § 1, 9-8-2020)

The C-1 district is designed primarily for hotels and motels and for any uses that are distinctly accessory to the primary functions of these accommodations. Single-family, two-family and multifamily dwellings, and apartments and clubhouses are also permitted.

(1)

[Permitted uses.] Hotels, motels and apartment accommodations for short-term or long-term occupancy and all uses in the R-1 and R-2 district are permitted.

(2)

[Minimum requirements.] Minimum lot area, width and yard requirements are as follows:

(a)

The maximum height of structures for other than utility purposes shall be measured such as to allow for the construction of two floors, limited to 31 feet measured from the bottom of the lowest horizontal structural member to the highest point of structure. Commercial accommodations located in AE, Shaded X, and X flood zones shall be limited to three floors and may be constructed at grade. Total height of the commercial accommodation shall not exceed 36 feet from grade.

(b)

Reserved.

(c)

All new or substantially improved structures shall comply with the National Flood Insurance Program (NFIP) requirements, flood insurance rate maps (FIRM) and any subsequent regulations contained in chapter 30 of the Ocean Isle Beach Code of Ordinances.

(3)

[Calculating square footage of lot.] For purposes of calculating the square footage of a lot, the dimensions of the lot shall be controlled by the dimensions on the original subdivision plat or the original metes and bounds description contained within the deed, if there was not a recorded plat of said property and provided said deed was recorded prior to November 9, 2004. If a property owner is conveyed additional property contiguous to his original lot, the additional area may not be included for purposes of determining the square footage of the lots unless:

a.

A deed of recombination is prepared and filed; and

b.

The additional property is entirely outside/landward of the mean high water, the 404 line, any designated wetlands and the first line of stable natural vegetation as defined by CAMA.

(4)

Rear yard setback for lotsadjacent to water bodies shall be subject to current CAMA requirements affecting such lots.

(5)

[Gross floor area.] The gross floor areas above flood level shall be no more than 50 percent of the total deeded lot area.

(6)

Reserved.

(7)

[Motor homes, campers and travel trailers.] Motor homes, campers and travel trailers shall be parked entirely on property that the owner of said vehicle owns or leases. Motor homes, campers and travel trailers shall maintain a required five-foot setback from the front, side and rear property lines. At no time shall these ever be used as sleeping quarters on the premises. (See traffic and vehicle ordinance chapter [section] 54-73)

(8)

Clubhouses. * Clubhouses and associated parking areas shall meet the following criteria:

a.

Provide an opaque vegetative screening which shall be ten feet tall at the time of planting and a ten-foot natural vegetative buffer zone between the property line and any building, structure or surface associated with the clubhouse. Exception: A five-foot-wide pedestrian walkway shall be permitted within the required ten-foot side setback as long as the walkway is located on the side adjacent to the building it serves.

b.

Clubhouse signage shall be limited to nonilluminated wall signage with a six-square-foot maximum size.

c.

Associated parking areas shall have a five-foot natural vegetative buffer around the property line which shall contain plantings at least ten feet in height at the time of planting. If the associated parking area is located adjacent to an R-1 zoned lot then the required vegetative buffer zone shall be ten feet from the property lines.

(9)

Density. The density limitation within this district shall be six units per acre. Every 2,000 square feet of commercial space located in C-1 areas shall be considered as a unit.

(Ord. of 4-10-2007; Res. No. 2013-25, § 1, 11-12-2013; Res. No. 2015-19, § 1.a., 9-8-2015; Res. No. 2019-11, § 1, 3-12-2019)

Cross reference— Businesses, Ch. 14.

Editor's note— Res. of 11-13-2007 deleted § 66-50.5, which pertained to R2G—Residential golf resort district and derived from Ord. of 4-10-2007.

The C-2 district is intended primarily to serve as a business center for provision of retailing and office service usually associated with a beach resort community. The standards established for this district are designed to promote sound, permanent business development and to protect abutting or surrounding residential areas from commercial development.

(1)

Permitted uses. Retail businesses providing low-bulk commodities such as groceries, drugs, apparel, variety and convenience merchandise and gifts. Offices, service stations, amusements, restaurants, marinas, fishing piers, churches, public parks owned and/or operated by a unit of local government, and all uses in R-1, R-2 and C-1 are also permitted.

(2)

[Special entertainment uses.] The following uses shall be permitted if approved by the board of adjustment as a special use for special entertainment uses: adult and sexually oriented businesses (see section 66-91).

(3)

[Minimum requirements.] Minimum lot area, width and yard requirements are as follows:

(a)

The maximum height of structures for other than utility purposes shall be measured such as to allow for the construction of two floors, limited to 31 feet measured from the bottom of the lowest horizontal structural member to the highest point of structure. Commercial businesses and accommodations located in AE, Shaded X, and X flood zones shall be limited to three floors and may be constructed at grade. Total height of the commercial structure shall not exceed 36 feet from grade.

(b)

Reserved.

(c)

All new or substantially improved structures shall comply with the National Flood Insurance Program (NFIP) requirements, flood insurance rate maps (FIRM) and any subsequent regulations contained in chapter 30 of the Ocean Isle Beach Code of Ordinances.

(4)

[Calculating square footage of lot.] For purposes of calculating the square footage of a lot, the dimensions of the lot shall be controlled by the dimensions on the original subdivision plat or the original metes and bounds description contained within the deed, if there was not a recorded plat of said property and provided said deed was recorded prior to November 9, 2004. If a property owner is conveyed additional property contiguous to his original lot, the additional area may not be included for purposes of determining the square footage of the lots unless:

a.

A deed of recombination is prepared and filed; and

b.

The additional property is entirely outside/landward of the mean high water, the 404 line, any designated wetlands and the first line of stable natural vegetation as defined by CAMA.

(5)

Rear yard setback for lots adjacent to water bodies shall be subject to current CAMA requirements affecting such lots.

(6)

[Gross floor area.] The gross floor areas above flood level shall be no more than 50 percent of the total deeded lot area.

(7)

Reserved.

(8)

[Motor homes, campers and trailers.] Motor homes, campers and travel trailers shall be parked entirely on property that the owner of said vehicle owns or leases. Motor homes, campers and travel trailers shall maintain a required five-foot setback from the front, side and rear property lines. At no time shall these ever be used as sleeping quarters on the premises. (See traffic and vehicle ordinance chapter [section] 54-73)

(9)

Clubhouses. * Clubhouses and associated parking areas shall meet the following criteria:

a.

Provide an opaque vegetative screening which shall be ten feet tall at the time of planting and a ten-foot natural vegetative buffer zone between the property line and any building, structure or surface associated with the clubhouse. Exception: A five-foot-wide pedestrian walkway shall be permitted within the required ten-foot side setback as long as the walkway is located on the side adjacent to the building it serves.

b.

Clubhouse signage shall be limited to nonilluminated wall signage with a six-square-foot maximum size.

c.

Associated parking areas shall have a five-foot natural vegetative buffer around the property line which shall contain plantings at least ten feet in height at the time of planting. If the associated parking area is located adjacent to an R-1 zoned lot then the required vegetative buffer zone shall be ten feet from the property lines.

(10)

Density. The density limitation within this district shall be six units per acre. Every 2,000 square feet of commercial space located in the C-2 areas shall be considered as a unit.

(Ord. of 4-10-2007; Res. No. 2013-25, § 1, 11-12-2013; Res. No. 2015-19, § 1.a., 9-8-2015; Res. No. 2016-12, § 1, 8-9-2016; Res. No. 2019-11, § 1, 3-12-2019)

Cross reference— Businesses, Ch. 14.

The C-2M designation regulates the area inside the town limits, the northern side of the Intracoastal Waterway, and is contiguous to the causeway.

(1)

Permitted uses. Retail businesses providing low bulk commodities such as groceries, drugs, apparel, variety and convenience merchandise and gifts. Offices, service stations, amusements, restaurants, marinas, fishing piers, churches and all uses in R-1, R-2 and C-1 are also permitted.

(a)

Maximum building height for all the above shall be 55 feet from grade.

* Airport zoning restrictions may apply.

(b)

Any structures located in special flood hazard areas (SFHA) shall comply with chapter 30 of the Ocean Isle Beach Code of Ordinances.

(2)

[Calculating square footage of lot.] For purposes of calculating the square footage of a lot, the dimensions of the lot shall be controlled by the dimensions on the original subdivision plat or the original metes and bounds description contained within the deed, if there was not a recorded plat of said property and provided said deed was recorded prior to November 9, 2004. If a property owner is conveyed additional property contiguous to his original lot, the additional area may not be included for purposes of determining the square footage of the lots unless:

a.

A deed of recombination is prepared and filed; and

b.

The additional property is entirely outside/landward of the mean high water, the 404 line, any designated wetlands and the first line of stable natural vegetation as defined by CAMA.

(3)

Rear yard setback for lots adjacent to water bodies shall be subject to current CAMA requirements affecting such lots.

(4)

[Gross floor area.] The gross floor areas above flood level shall be no more than 50 percent of the total deeded lot area.

(5)

Reserved.

(6)

[Motor homes, campers and travel trailers.] Motor homes, campers and travel trailers shall be parked entirely on property that the owner of said vehicle owns or leases. Motor homes, campers and travel trailers shall maintain a required five-foot setback from the front, side and rear property lines. At no time shall these ever be used as sleeping quarters on the premises. (See traffic and vehicle ordinance chapter [section] 54-73)

(7)

Clubhouses. * Clubhouses and associated parking areas shall meet the following criteria:

a.

Provide an opaque vegetative screening which shall be ten feet tall at the time of planting and a ten-foot natural vegetative buffer zone between the property line and any building, structure or surface associated with the clubhouse.

b.

Clubhouse signage shall be limited to nonilluminated wall signage with a six-square-foot maximum size.

c.

Associated parking areas shall have a five-foot natural vegetative buffer around the property line which shall contain plantings at least ten feet in height at the time of planting.

(8)

[Density.] The density limitation within this district shall be eight and two-tenths units per acre. Every 2,000 square feet of commercial space located in the C-2M areas shall be considered as a unit.

(Ord. of 4-10-2007; Res. No. 2015-19, § 1.a., 9-8-2015)

Cross reference— Businesses, Ch. 14.

The C-3 district is intended to serve the general commercial needs of the community.

(1)

[Permitted uses.] Commercial enterprises involving retail, wholesale, service, electronic gaming operation, trades and offices, as well as all uses permitted in R-1, R-1M, R-2, R-2M, C-1, C-2 and C-2M districts, including planned unit developments. No uses of land or buildings involving manufacturing shall be permitted; provided that light manufacturing or fabrication may be permitted only upon approval of the board of adjustment as a special use. Body piercing establishments, tattoo parlors, and sexually oriented businesses are allowed only within this zoning district.

(2)

[Storage facilities; outdoor and indoor.] Storage facilities shall be permitted, provided they comply with the conditions set forth hereinafter, specifically including the fencing and screening requirements.

(a)

[Screening requirements.] All storage facilities shall meet screening requirements whereby a developer, owner or management company of storage facilities shall receive prior approval from the planning department for the following screening designs and meet the requirements of the appearance standards ordinance (article XVI):

(b)

Fencing. Storage facilities that design a screen utilizing fence design shall be limited to eight feet in height and must utilize the split rail, lattice, shadow box or picket type fence.

(c)

Screening. Storage facilities that design a screen utilizing landscaping or plant material design shall meet the appearance standard ordinance (article XVI). Existing landscape or screening shall be preserved; however, the town planning department may determine the existing landscaping is not sufficient and mandate additional screening.

(3)

[Electronic gaming operations.] Electronic gaming operations shall be permitted provided they comply with the conditions set forth hereinafter, specifically including the separation, maximum number of machines and parking requirements.

(a)

All electronic gaming operations shall be located 1,500 feet from any church or other religious institution, day care center, public or private elementary or secondary educational school, public park or playground, public library, cemetery, skating rink, video arcade, or motion picture theater which show G or PG-rated movies to the general public on a regular basis.

(b)

All electronic gaming operations shall be located 1,500 feet from any existing electronic gaming operations, tattoo and body piercing establishment or adult and sexually oriented business.

(c)

No more than 20 electronic gaming machines shall be operating at any location.

(a)

Maximum height of structures for other than residential and utility purposes shall be limited to 55 feet in overall height. The number of habitable floors shall be limited to three floors with the addition of a loft area on the uppermost floor no greater than one-third the area of the floor immediately below. Residential structures shall be limited to 36 feet in overall height.

* Airport zoning restrictions may apply.

(b)

Any structures located in special flood hazard areas (SFHA) shall comply with Chapter 30 of the Ocean Isle Beach Code of Ordinances.

(4)

[Calculating square footage of lot.] For purposes of calculating the square footage of a lot, the dimensions of the lot shall be controlled by the dimensions on the original subdivision plat or the original metes and bounds description contained within the deed, if there was not a recorded plat of said property and provided said deed was recorded prior to November 9, 2004. If a property owner is conveyed additional property contiguous to his original lot, the additional area may not be included for purposes of determining the square footage of the lots unless:

a.

A deed of recombination is prepared and filed; and

b.

The additional property is entirely outside/landward of the mean high water, the 404 line, any designated wetlands and the first line of stable natural vegetation as defined by CAMA.

(5)

[Gross floor area.] The gross floor areas above flood level shall be no more than 50 percent of the total deeded lot area.

(6)

[Rear yards.] The minimum rear yard for accessory use structures shall be five feet.

(7)

[Motor homes, campers and travel trailers.] Motor homes, campers and travel trailers shall be parked entirely on property that the owner of said vehicle owns or leases. Motor homes, campers and travel trailers shall maintain a required five-foot setback from the front, side and rear property lines. At no time shall these be connected by electrical cord or jump cord into the power source of any existing permanent structure or structure under construction except in the event of a state of emergency as declared by public officials. At no time shall these ever be used as sleeping quarters on the premises.

(8)

Clubhouses. Clubhouses and associated parking areas shall meet the following criteria:

a.

Provide an opaque vegetative screening which shall be ten feet tall at the time of planting and a ten-foot natural vegetative buffer zone between the property line and any building, structure or surface associated with the clubhouse.

b.

Clubhouse signage shall be limited to nonilluminated wall signage with a six-square-foot maximum size.

c.

Associated parking areas shall have a five-foot natural vegetative buffer around the property line which shall contain plantings at least ten feet in height at the time of planting.

(9)

Density. The density limitation within this district shall be eight and two-tenths units per acre. Every 2,000 square feet of commercial space located in the C-3 areas shall be considered as a unit.

(Ord. of 4-10-2007; Res. of 10-9-2007(1); Res. of 11-13-2007; Res. No. 2008-29, § 4, 10-14-2008; Res. No. 2009-24, §§ 2, 3, 8-31-2009)

Cross reference— Businesses, Ch. 14.

Editor's note— Res. of 11-13-2007 deleted § 66-53A, which pertained to C-3A commercial annexed district and derived from Ord. of 4-10-2007.

The C-1 district will regulate the area that comprises Ocean Point Condominium and adjacent lands. The properties contain 4.69278 acres more or less and are bounded in the south by the waters of the Atlantic Ocean, on the west by lot 21 of Ocean Isle West development, on the north by the waters of Old Sound Creek and Second Street (a 60-foot right-of-way), and on the east by the Oceanside West II Condominium complex. A map of the properties is on file in the office of the building inspector at the town hall. The overall height limitation of this area will be limited to 165 feet and shall not exceed the existing height of the Ocean Point phase 1 building.

Footnote (A).

Structures that are rendered nonconforming with the amendment adopted March 13, 2000, shall be permitted to rebuild subject to the provisions of the town's zoning ordinance supplemental regulation 27.

(Ord. of 4-10-2007)

The intent of this division is to allow for the planning and development of certain tracts of land in a more flexible and creative manner than would otherwise be allowed by this chapter. Except as noted within this division, planned unit developments shall follow guidelines and procedures established within the zoning ordinance and subdivision ordinance for the Town of Ocean Isle Beach.

(Ord. of 2-13-2001)

Planned unit developments shall be allowed only on the mainland areas within the planning and zoning jurisdiction of the Town of Ocean Isle Beach.

(Ord. of 2-13-2001; Ord. of 10-10-2006(2), § 1(a))

A planned unit development shall be located on a site containing at least ten contiguous acres. Planned unit developments may be strictly residential, strictly commercial, or mixed commercial and residential. See section 66-61(e) for additional regulations on mixing of commercial and residential uses within a planned unit development.

(Ord. of 2-13-2001)

The planned unit development may be developed in phases in accordance with the phasing schedule submitted as part of the approved preliminary master land use plan. Improvement guarantees must encompass an entire phase.

(Ord. of 2-13-2001; Ord. of 10-10-2006(2), § 1(a))

The tract must be in single (individual or corporate) ownership.

(Ord. of 2-13-2001)

In areas that are primarily residential in nature, the following uses shall be allowed upon approval as outlined in section 66-64 of this division:

Single-family, two-family, and multifamily dwellings; accessory use structures relative to the principal use; and recreational amenities such as private clubhouses, private tennis courts, private pools, private docks, and golf courses.

In areas that are primarily commercial in nature, the following uses shall be allowed upon approval as outlined in section 66-64 of this division:

Multifamily dwellings; hotels and motels; commercial retail businesses providing low bulk commodities such as groceries, drugs, apparel, gifts, and variety and convenience merchandise; offices; restaurants; personal service establishments such as beauty salons; accessory use structures relative to the principal use; and churches.

(Ord. of 2-13-2001; Ord. of 10-10-2006(2), § 2(a), (b))

(a)

Setback lines. No building or structure shall be closer than 25 feet from any project or tract property line. Any commercial occupancy shall be separated from any residential occupancy within or outside the planned unit development by a minimum of 35 feet.

(b)

Separation. Building separation distances shall be a minimum of ten feet unless otherwise indicated within the North Carolina Building Code.

(c)

Residential density. The maximum residential density shall conform to the zoning requirement of the district in which the planned unit development is located. Total project area does not include any areas that are designated as ecologically sensitive, as set forth in subsection (g).

(d)

Commercial density. The maximum commercial density shall conform to the zoning requirement of the district in which the planned unit development is located. The calculation of density shall be computed by dividing the total square footage for the project by 2,000 square feet per unit and applying this to the total project area. Total project area does not include any areas that are designated as ecologically sensitive, as set forth in subsection (g).

(e)

Commercial use within planned unit developments. Mixing of commercial and residential uses within a planned unit development is permitted in residentially zoned areas as long as there are at least 20 contiguous acres or more of land. The developer may designate an area not greater than 25 percent of the total acreage for commercial use, excluding golf courses.

(f)

Residential green space. In planned unit development projects, a minimum of 15 percent of the gross acreage shall be reserved as green space. Any area or segment less than 50 feet in width cannot be calculated as usable. Wetland areas shall not account for more than 50 percent of the green space requirement. Provisions for continuous maintenance in accordance with the above regulations shall be made by the developer through establishment of a private homeowner's association or, in the case of commercial planned unit developments, a private property owner's association. Open areas that are required as part of a stormwater control device or septic system area shall not be included for the purpose of meeting the requirements of this division. However any part of the stormwater system that is completely underground can be considered when calculating the residential green space requirement. Green space shall not be improved with the placement of any structures including, but not limited to gazebos, walkways, boardwalks or any impervious surfaces. Required project buffers and setbacks shall not be included in the green space calculation.

(g)

Wetlands. Ecologically sensitive lands such as marsh, Carolina Bays, pocosins and swamps are to be preserved whenever possible for the public interest. Density credit may be applied to these areas upon approval of the planning board and board of commissioners as long as such areas are granted as perpetual conservation easements.

Note: The following is an example of how full density credit may be applied. If a proposed project area consists of ten acres and two acres are determined to be ecologically sensitive lands, the project density will be calculated based on ten acres, however, development will be allowed only on the eight acres not determined to be ecologically sensitive.

(h)

Commercial buffer. A distinct buffer that separates and partially obstructs the view between single-family and commercial or between single-family and multi-family by a minimum of 50 percent is required within the planned unit development. (A buffer for the purposes of this use shall be considered as natural or planted vegetation located between a structure and a property line intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.)

(i)

Utilities. Provision of utility services shall be underground. Adequate easements and rights-of-way for ingress and egress for maintenance also shall be provided. All utilities shall be placed within the right-of-way, and not located under the paved portions of the street (except for lateral crossovers).

(1)

Water and sewer. Provision of water and sewer to each housing unit and non-residential structure shall be in accordance with the Ocean Isle Beach Subdivision Ordinance Section 50-96 and Utilities Ordinance Chapter 58 and any other applicable state, federal, or local regulations.

(2)

Electrical, telephone and cable. Electrical, telephone and cable service shall be underground. All underground wiring shall be in accordance with the Ocean Isle Beach Subdivision Ordinance Section 50-96. (A written statement by the utility company authorized to provide electrical service to the planned unit development, stating their commitment to install electric utilities, may be accepted in lieu of financial assurance guarantees.)

(j)

Streets/internal trafficways. Creative design of circulation routes and trafficways is encouraged. A base characteristic of a planned unit development is that the internal circulation routes or streets do not follow fixed linear geometric lines as do most streets. Instead, circulation routes are curvilinear and of meandering character, to preserve tree and landscape features. Slower-paced traffic movements, private restrictions for extremely low speed limits, and provision of bumper-strips at intervals in the pavement make generous use of such features. Pedestrian-oriented communities also are encouraged to enhance the quantity of pedestrian activity and to improve the quality of the pedestrian experience.

Streets shall conform to the requirements in section 50-95 of the Ocean Isle Beach Subdivision Ordinance. Provisions for bicycle and pedestrian traffic shall be made in accordance with the currently adopted bicycle and pedestrian traffic plan for the Town of Ocean Isle Beach.

(k)

Stormwater. Planned unit developments shall provide stormwater drainage systems in accordance with the Ocean Isle Beach Stormwater Management Ordinance and North Carolina Department of Environment and Natural Resources. Where a planned unit development is traversed by a natural or constructed drainage-way, an easement shall be provided conforming with the lines of such drainage-way and of sufficient width as will be adequate for the purpose.

(Ord. of 2-13-2001; Ord. of 10-10-2006(2), § 3(a), (b); Res. No. 2008-17, § 2, 6-10-2008)

Improvement guarantees shall be in accordance with section 66-64(d)(2) and G.S. 160D-804.1.

(Ord. of 2-13-2001; Res. No. 2020-19, 11-10-2020)

Except as required in section 66-60 of this division, planned unit developments may be exempt from the application of minimum lot area, width and yard requirements shown for the individual zoning districts. All other sections of the zoning ordinance are applicable to planned unit developments.

(Ord. of 2-13-2001; Ord. of 10-10-2006(2), § 4(a), (b))

(a)

A presubmission conference between the applicant and the technical review committee (TRC) shall occur as the initial step in the PUD approval process. The owner/applicant shall submit five copies of a conceptual land use plan to be reviewed by the TRC. The conceptual land use plan must show, at a minimum, major thoroughfares, acreage and development type (i.e., residential, commercial, open space) of each phase, vicinity map, density, flood zones(s) and proximity of nearest water and/or sewer main. The purpose of this conference is to provide assistance and guidance to the applicant for the efficient review and consideration of the proposed project. Any effort to secure this conference is the sole responsibility of the applicant.

(b)

A preliminary sketch plan may be submitted by the developer for review and consideration by the planning board prior to submission of the master land use plan. Submission and/or approval of the preliminary sketch plan shall not establish any vested rights. If submitted, the owner/applicant shall submit to the planning director two copies (larger than 11 inches by 17 inches) of the sketch plan and an additional ten copies (in size not to exceed eight and one-half inches by 11 inches or 11 inches by 17 inches) for inclusion in board review packets. At a minimum, the sketch plan shall show the following:

(1)

A sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads and water areas;

(2)

The boundaries of the tract and the portion of the tract to be subdivided;

(3)

The total acreage to be subdivided;

(4)

The existing and proposed uses of the land within the subdivision and the existing uses of land adjoining it;

(5)

The proposed street layout with approximate pavement and right-of-way widths, lot layout and size of lots;

(6)

The name and address of the owner;

(7)

The name, if any, of the proposed subdivision;

(8)

Streets and lots of adjacent developed or platted properties;

(9)

The zoning classification of the tract and of adjacent properties; and

(10)

The preliminary sketch plan must be labeled as a preliminary sketch plan.

(c)

Preliminary master land use plan submission and review.

(1)

Submission procedure. The owner/applicant for the planned unit development shall submit a preliminary master land use plan, which shall be reviewed by the planning board and approved by the board of commissioners before any construction or installation of improvements may begin. Five copies of the preliminary master land use plan (as well as ten copies not to exceed a size of eight and one-half inches by 11 inches or 11 inches by 17 inches for inclusion in the board of commissioner's agenda packets and any additional copies which the planning director determines are needed to be sent to other agencies) shall be submitted to the planning director. The planning director shall submit the preliminary master land use plan to the board of commissioners. The board of commissioners shall forward the preliminary master land use plan at least three days prior to the meeting at which it is to be reviewed, to the planning board for review and recommendation. Preliminary master land use plans shall meet the specifications in subsection (9) of this division.

(2)

Review procedure.

a.

The planning board shall review the preliminary master land use plan. The planning board shall, in writing, recommend approval, conditional approval with recommended changes to bring the preliminary master land use plan into compliance, table pending further review or disapproval, with reasons, within 45 days of its receipt of the preliminary master land use plan from the board of commissioners.

b.

If the planning board recommends approval of the preliminary master land use plan, it shall retain one copy of the preliminary master land use plan for its minutes and transmit two copies of the preliminary master land use plan, to the board of commissioners with its recommendation.

c.

If the planning board recommends conditional approval of the preliminary master land use plan, it shall keep one copy of the preliminary master land use plan for its minutes, transmit two copies of the preliminary master land use plan and its recommendation to the board of commissioners and return the remaining copy of the preliminary master land use plan and its recommendation to the owner/applicant.

d.

If the planning board recommends disapproval of the preliminary master land use plan, it shall retain one copy of the preliminary master land use plan for its minutes, transmit one copy of the preliminary master land use plan and its recommendation to the board of commissioners, and return the remaining copy of the preliminary master land use plan and its recommendation to the owner/applicant.

e.

If the preliminary master land use plan is recommended for disapproval, the owner/applicant may make the recommended changes and submit a revised preliminary master land use plan or appeal the recommendation to the board of commissioners.

f.

If the planning board does not take action as required in subsection a. within 45 days after its first consideration of the preliminary master land use plan, the owner/applicant may apply to the board of commissioners for approval or disapproval.

g.

The board of commissioners shall review the preliminary master land use plan along with the recommendation of the planning board.

h.

If the board of commissioners approves the preliminary master land use plan, such approval shall be noted on two copies of the plan. One copy of the preliminary master land use plan shall be retained by the board of commissioners, and one copy shall be returned to the owner/applicant. If the board of commissioners approves the preliminary master land use plan with conditions, approval shall be noted on two copies of the plan, along with a reference to the conditions. One copy of the preliminary master land use plan, along with the conditions, shall be retained by the board of commissioners; and one copy of the preliminary master land use plan, along with the conditions, shall be returned to the owner/applicant. If the board of commissioners disapproves the preliminary master land use plan, the reasons for such disapproval shall be specified in writing. One copy of the preliminary master land use plan and the reasons shall be retained by the board of commissioners, and one copy shall be returned to the owner/applicant.

i.

The board of commissioners shall approve, disapprove or table pending further review the preliminary master land use plan within 45 days of receipt of the recommendation from the planning board.

j.

Either the planning board or the board of commissioners may utilize an additional 45 days for the review process, upon notification to the owner/applicant.

(d)

Final master land use plan submission and review.

(1)

Preparation of final master land use plan and installation of improvements. Upon approval of the preliminary master land use plan by the board of commissioners, the owner/applicant may proceed with the preparation of the final master land use plan, and the installation of or arrangement for required improvements in accordance with the approved preliminary master land use plan and the requirements of this chapter. Prior to approval of a final master land use plan, the owner/applicant shall have installed the improvements specified in this chapter or guaranteed their installation as provided in this section. No final master land use plan will be accepted for review by the board of commissioners unless accompanied by written notice by the subdivision administrator acknowledging compliance with the improvement and guarantee standards of this chapter and proof that all necessary permits have been obtained from all applicable federal, state and local agencies. The final master land use plan shall constitute only that portion of the preliminary master land use plan which the owner/applicant proposes to record and develop at that time; such portion shall conform to all requirements of this chapter.

(2)

Improvements guarantee.

a.

Agreement and security required. In lieu of requiring the completion, installation and dedication of all infrastructure improvements within a phase of development prior to final master land use plan approval, the town may enter into an agreement with the owner/applicant whereby the owner/applicant shall agree to complete all required improvements.

Once the agreement is signed by both parties and the security required in this subsection is provided, the final master land use plan may be approved by the board of commissioners if all other requirements of this chapter are met. To secure this agreement, the owner/applicant shall provide, subject to the approval of the board of commissioners, either one or a combination of the following guarantees not exceeding 1.25 times the entire estimated cost as provided in this section:

1.

Surety performance bond. The owner/applicant shall obtain a performance bond from a surety bonding company authorized to do business in the state. The bonds shall be payable to the Town of Ocean Isle Beach and shall be in an amount equal to 1.25 times the entire cost, as estimated by the owners/applicants engineer and approved by the board of commissioners, of installing all required improvements. The duration of the bond shall be until such time as the improvements are accepted by the town.

2.

Cash or equivalent security.

i.

The owner/applicant shall deposit cash, an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the town or in escrow with a financial institution designated as an official depository of the town. The use of any instrument other than cash shall be subject to the approval of the board of commissioners. The amount of deposit shall be equal to 1.25 times the cost, as estimated by the owners/applicants engineer and approved by the board of commissioners, of installing all required improvements.

ii.

If cash or other instrument is deposited in escrow with a financial institution as provided in this section, the owner/applicant shall file with the board of commissioners an agreement between the financial institution and himself guaranteeing the following:

A.

That the escrow account shall be held in trust until released by the board of commissioners and may not be used or pledged by the owner/applicant in any other matter during the term of the escrow; and

B.

That in the case of a failure on the part of the owner/applicant to complete the improvements, the financial institution shall, upon notification by the board of commissioners, and submission by the board of commissioners to the financial institution of an engineer's estimate of the amount needed to complete the improvements, immediately either pay to the Town of Ocean Isle Beach the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the Town of Ocean Isle Beach any other instruments fully endorsed or otherwise made payable in full to the Town of Ocean Isle Beach.

b.

Duration. The duration of the performance guarantee shall initially be one year, unless the developer determines that the scope of work for the required improvements necessitates a longer duration in which case the board of commissioners shall approve an expiration date beyond one year. In the case of a bonded obligation, the completion date shall be set one year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration in which case the board of commissioners shall approve an expiration date beyond one year.

c.

Extension. - A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of the town, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period. An extension under this subdivision shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall include the total cost of all incomplete improvements.

d.

Default. Upon default, meaning failure on the part of the owner/applicant to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, the surety or the financial institution holding the escrow account shall, if requested by the board of commissioners, pay all or any portion of the bond or escrow fund to the Town of Ocean Isle Beach up to the amount needed to complete the improvements based on an engineering estimate. Upon payment, the board of commissioners, in its discretion, may expend such portion of the funds as it deems necessary to complete all or any portion of the required improvements. The town shall return to the owner/applicant any funds not spent in completing the improvements.

e.

Release of guarantee security. The board of commissioners may release all or a portion of any security posted as the improvements are completed and recommended for approval by the director of public utilities within 45 days after receiving the director of public utilities' recommendation.

f.

Security guarantee renewal. The board of commissioners may approve the renewal of any security posted. The renewal submissions shall be made to the board of commissioners at least 60 days prior to the guarantee expiring. All other guaranteed improvements including the sub-layer and one layer of asphalt with a minimum thickness of one inch shall be installed at the time the certificate of occupancy (CO) is issued. Streets shall conform to the requirements in section 50-95 of the Ocean Isle Beach Subdivision Ordinance. COs may be issued prior to the top finished layer of asphalt being installed if an approved security guarantee is in place. The top finished layer shall be installed prior to 75 percent completion of the entire development or any phase of the development.

(3)

Submission procedure for final master land use plan.

a.

The owner/applicant shall submit the final master land use plan, so marked, to the planning director. The planning director may approve the final master land use plan if no deviations have been made from the preliminary master land use plan; otherwise the planning director shall submit the final master land use plan to the board of commissioners. The board of commissioners may transmit the final master land use plan to the planning board for review and recommendation at least three days prior to the meeting at which it is to be considered.

b.

The final master land use plan shall be prepared by a registered land surveyor currently licensed and registered in the State of North Carolina by the state board of registration for professional engineers and land surveyors. The final master land use plan shall conform to the provisions for plats, subdivisions and mapping requirements set forth in G.S. 47-30 and the Standards of Practice for Land Surveying in North Carolina.

c.

Five copies of the final master land use plan (meeting the requirements in paragraph (d.) below) and a copy of the final master land use plan in digital format approved by the Town of Ocean Isle Beach shall be submitted to the planning director. Two of these shall be on reproducible material, and three shall be black or blue line paper prints. Material and drawing medium for the original shall be in accordance with the Standards of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the county register of deeds. In addition, 15 copies of the final master land use plan not to exceed a size of eight and one-half inches by 11 inches or 11 inches by 17 inches for inclusion in the board of commissioners agenda packets and any additional copies which the planning director determines are needed to be sent to other agencies.

d.

The final master land use plan shall be of a size suitable for recording with the county register of deeds. Maps may be placed on more than one sheet with appropriate match lines. Submission of the final master land use plan shall be accompanied by the currently required filing fee.

e.

The final master land use plan shall meet the specifications in section 66-64(d)(3)r.

f.

The following signed certificates shall appear on all five copies of the final master land use plan:

1.

Certificate of ownership and dedication.

I hereby certify that I am the owner of the property shown and described hereon, which is located in the jurisdiction of the Town of Ocean Isle Beach and that I hereby adopt this plan of a planned unit development and subdivision of land with my free consent, establish minimum building setback lines, and dedicate all streets, walks, parks, and other sites and easements to public or private use as noted. Furthermore, I hereby dedicate all sanitary sewer, storm sewer and water lines to the Town of Ocean Isle Beach.

___________
Owners

___________
Date

2.

Certificate of survey and accuracy. In accordance with G.S. 47-30:

There shall appear on each plat a certificate by the person under whose supervision such survey or such plat was made, stating the origin of the information shown on the plat, including recorded deed and plat references shown on the plat. The ratio of precision before any adjustments must be shown. Any lines on the plat that were not actually surveyed must be clearly indicated and a statement included revealing the source of information. The execution of such certificate shall be acknowledged before any officer authorized to take acknowledgements by the registered land surveyor preparing the plat. All plats to be recorded shall be probated as required by law for the registration of deeds. Where a plat consists of more than one sheet, only one sheet must contain the certification; and all other sheets must be signed and sealed.

The required certificate shall include the source of information for the survey and data indicating the ratio of precision of the survey before adjustments and shall be in substantially the following form:

I ___________, certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed description recorded in book _______, page _______, etc.) (other); that the boundaries not surveyed are clearly indicated as drawn from information found in book _______, page _______; that the ratio of precision as calculated is 1: _______; that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, registration number, and seal this _______ day of _______, A.D., 20___.

___________
Surveyor

Seal or Stamp

Registration Number_______

The certificate of the notary shall read as follows:

North Carolina, _______ County.

I, ___________, a notary public of the county and state aforesaid, certify that _______, a registered land surveyor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this _______ day of _______, 20___.

___________
Notary Public

Seal or Stamp

My commission expires on _______.

3.

Certificate of approval of the design and installation of streets, utilities, and other required improvements.

□ I hereby certify that water and sewer improvements have been certified by the Design Engineer, that streets, water and sanitary sewer improvements have been accepted by the Director of Public Works and that other improvements have been installed as designed and approved by the Town and regulatory agencies in the ___________ planned unit development.

OR

□ That guarantees of the installation of the required improvements in an amount and manner satisfactory to the Town of Ocean Isle Beach has been received;

AND

□ that the filing fee, as established in the fee schedule, has been paid.

___________
Subdivision Administrator

________
Date

g.

The planning board may review the final master land use plan if it deviates from the preliminary master land use plan and shall recommend approval, conditional approval with modifications to bring the plat into compliance, table pending further review or disapproval of the final master land use plan with reasons within 45 days of receipt of the final master land use plan.

h.

If the planning board recommends approval of the final master land use plan, it shall transmit all copies of the final master land use plan and its written recommendations to the board of commissioners.

i.

If the planning board recommends conditional approval of the final master land use plan with modifications to bring the plan into compliance, it shall retain one print of the final master land use plan for its minutes, return its written recommendations and two reproducible copies of the final master land use plan to the owner/applicant, and transmit one print of the final master land use plan and its written recommendations to the board of commissioners.

j.

If the planning board recommends disapproval of the final master land use plan, it shall instruct the owner/applicant concerning resubmission of a revised plan; and the owner/applicant may make such changes as will bring the plan into compliance with the provisions of this chapter and resubmit the final master land use plan for reconsideration by the planning board, or appeal the decision to the board of commissioners.

k.

Failure of the planning board to make a finding within 45 days shall constitute grounds for the owner/applicant to apply to the board of commissioners for approval.

l.

If the owner/applicant appeals to the board of commissioners, the board of commissioners shall review and approve or disapprove the final master land use plan within 45 days after the appeal has been filed with the planning director.

m.

If the planning director or the board of commissioners approves the final master land use plan, such approval shall be shown on each copy of the final master land use plan by the following signed certificate:

Certificate of approval for recording.

I hereby certify that the subdivision plat (a portion of a planned unit development) shown hereon has been found to comply with the planned unit development regulations of the Town of Ocean Isle Beach, North Carolina, and that this plan has been approved by the Board of Commissioners for recording in the Office of the Register of Deeds of Brunswick County.

___________
Subdivision Administrator or Mayor
Town of Ocean Isle Beach, North Carolina

___________
Date

n.

If the final master land use plan is disapproved, the reasons for such disapproval shall be stated in writing, specifying the provisions of this chapter with which the final master land use plan does not comply. One copy of such reasons and one print of the plan shall be retained by the planning board as part of its proceedings, and one copy of the reasons and three copies of the plan shall be transmitted to the owner/applicant. If the final master land use plan is disapproved, the owner/applicant may make such changes as will bring the final master land use plan into compliance and resubmit the plan for reconsideration by the planning board.

o.

If the final master land use plan is approved by the planning board, the original tracing and one print of the plan shall be retained by the owner/applicant. One reproducible tracing and one print shall be filed with the town clerk, one print shall be filed with the planning department and one print shall be returned to the planning board for its records.

p.

Either the planning board or the board of commissioners may utilize an additional 45 days for the final master land use plan review process, upon notification to the owner/applicant.

q.

The owner/applicant shall file the approved final master land use plan with the register of deeds of the county prior to the sale of any lot within the planned unit development.

r.

Information to be contained in or depicted on preliminary and final plats. The preliminary and final plats shall depict or contain the information indicated in the table of required information, which is on file and available in the town offices in addition to the following items:

1.

A legal description of the total site proposed for development including the names and addresses of adjacent property owners and present and proposed zoning of the site to be developed.

2.

Quantitative data for the following: parcel size, number and types of dwelling units, gross and net residential densities, gross and net commercial densities, total heated square footage.

3.

Planned open space, parks, and active recreation areas to be preserved or developed in accordance with this ordinance.

4.

Planned organizational arrangements for providing for ownership, maintenance, and preservation of common open space.

5.

Plans for construction of water and sewage disposal systems to comply with requirements of the Town of Ocean Isle Beach.

6.

Plans for all underground utilities and lighting of common areas.

7.

Plans for stormwater management in accordance with the stormwater management ordinance.

8.

Planned primary and secondary traffic circulation patterns including parking areas and anticipated traffic volume.

9.

The delineation of areas to be constructed in phases and the sequential order that will be followed in development including a written statement from the developer indicating the estimated date for beginning each phase of construction and the estimated date of completion.

10.

Evidence that other necessary approval agencies have been notified of the proposed development and an application has been submitted as required by each agency.

11.

Copies of proposed covenants and deed restrictions.

(Ord. of 2-13-2001; Ord. of 10-10-2006(2), § 5(a), (b); Res. No. 2010-16, § 2, 8-10-2010; Res. No. 2010-17, § 2, 8-10-2010; Res. No. 2020-19, 11-10-2020)

No building permit shall be issued for construction of residential or commercial structures until the final plat has been recorded with the Brunswick County Register of Deeds.

(Ord. of 2-13-2001)