Due to the specific nature of certain uses that require a more concise explanation of district regulations as they apply to each instance, the following supplemental regulations are established.

(a)

All oceanfront lots shall have a minimum setback of 60 feet from the first line of stable natural vegetation unless higher CAMA erosion rates apply.

(b)

No sanitary septic tank or no portion of a septic tank drain line shall be located closer than 50 feet from any mean high water line.

(c)

Floating homes are expressly forbidden within the jurisdiction of this chapter.

(d)

Structures and buildings for which a permit is issued after the effective date of the ordinance from which this chapter derives, shall be required to have as their foundation structural support piling, to be of treated wood, structural steel or concrete. This foundation piling shall be not less than eight inches square and placed in the ground not less than six feet. Pilings are to be placed no more than eight feet apart for bearing wall support unless accompanied by an engineer's certification. The bottom of the lowest horizontal structural member in VE zones and the top of the first finished floor in AE zones shall be placed no higher than six inches above the regulatory flood protection elevation. However, the bottom of the lowest horizontal structural member of all residential structures located on the island (regardless of flood zone) shall not be less than nine feet from the finished slab. All structures shall comply with the town flood prevention damage ordinance (chapter 30, Ocean Isle Beach Code of Ordinances).

(e)

Those portions of structures built between the main dwelling area and the ground must be so constructed as to provide the so-called breakaway effect; i.e., in the event of flooding, the portion of the structure built on the ground shall give resistance to the floodwater separate from the resistance given by the main dwelling area.

(f)

Commercial accommodations structures shall be permitted to house those customary accessory uses for the benefit of their customers only which would otherwise be permitted only in the C-2 district. Such uses as restaurants, sundry and novelty shops, barber and beauty shops and the like shall be considered customary accessory uses and permissible under this chapter.

(g)

All single-family and two-family buildings built on the oceanfront shall be placed or constructed exactly 25 feet from the road right-of-way.

(h)

All buildings built on Craven Street shall be placed 50 feet from the road right-of-way on the south side of Craven Street and 100 feet from the road right-of-way on the north side of Craven Street.

(i)

Houses may be constructed within ten feet of the road right-of-way on lots 15—21, block 41, section A. No portion of the house or any associated decking may encroach into the ten-foot setback.

(j)

On bulkheaded canals, any repairs to the existing bulkheading shall be of the same design and materials as the existing concrete structure.

(k)

All telephone, power service and cable television lines from the utility poles to the building structures shall be installed underground.

(l)

No person shall extend or otherwise cover with a hard surface not permeable to water the area between the edge of the road and road right-of-way unless approved by the planning director when the hard surface is a part of an engineered stormwater design plan that has been approved by the North Carolina Department of Environment, Health and Natural Resources and the town. The town shall not be responsible for the repair or replacement of the hard surface should access be required to service water and/or sewer lines, and said responsibility shall be that of the property owner, who must replace the hardened surface to comply with the design plan.

(m)

Docks constructed within the finger canals may not exceed a maximum width of eight feet. The size of the dock shall be calculated by measuring the distance along the rear property line that abuts the canal waters and multiplying that distance by 3.2 (Note: The result will reflect the maximum allowable square footage of the dock). The maximum allowed square footage for a dock shall not exceed 320 square feet. The width of the rear property line calculations shall not include side property lines on the canal nor the extension legs associated with T-lots on canals. Docks and boatlifts shall have a setback of ten feet from side property lines. These restrictions exclude dimensions for the walkway connecting the dock to the shore. Fixed or floating dock piles shall be installed fully embedded below the canal dredge line of -6.0 MLW as a minimum. The inside edge of the dock can be no further than two feet from concrete wall on normal low water. All residential lots bordering the finger canals with 50 feet of width shall be limited to one fixed or floating dock and one lift for waterborne recreational vehicles. Lots of 55 feet of width and larger shall be limited to two docks and two lifts for waterborne recreational vehicles. The northernmost lots bordering the Intracoastal Waterway and connecting to canals number 14, 17, 19, 21, 8A and 8B are allowed to use the water frontage on both sides of the lot for docks and lifts. Launching and retrieval devices for personal watercraft less than 15 feet in length are allowed when mounted on the dock and the personal watercraft does not protrude into the canal space. These devices shall have a setback of five feet from the side property lines inclusive of the personal watercraft.

(n)

Any gazebo or residential roof deck/widow's watch built as a part of or as an accessory to any property shall not exceed 144 square feet. All residential roof decks/widow's watches shall be accessed from exterior stairs, the width of which shall not exceed four feet.

(o)

Elevators, uncovered porches, decks and/or stairs may project into the 25-foot setback required in the front and rear yard of a building lot; however, this projections is subject to the following restrictions:

(1)

Fully enclosed elevators and/or lifts may encroach only into the rear 25-foot setback. The elevator and/or lift may not exceed five feet by six feet in size (measured to exterior walls) with a one-foot overhang, and if enclosed shall be of the same material as the existing house structure. Elevators and/or lifts shall not extend within a 19-foot area to the rear property line. This exception does not apply to the 25-foot front yard setback. All other town ordinances shall be met. This exception shall not apply to new construction permitted after June 12, 2018.

(2)

The uncovered porch and/or deck may not extend within a 17-foot area from the front and rear property lines. A 17-foot setback, front and rear, must be unimpeded from the ground to the sky; provided, a stairway may not extend within a 17-foot area from the front property line. There is no restriction for rear yards.

(3)

A one-and-one-half-foot or 18-inch cantilever with a one-foot overhang and a maximum width of 12 feet shall be allowed within the front and rear 25-foot setback.

(4)

There may be no encroachment of any kind within the five-foot side-yard setback from the ground to the sky.

Exception: Heating, ventilation and air conditioning equipment not to exceed four feet, fences within six inches of the property line and a maximum four-foot-wide ground-level wooden boardwalk. Said boardwalk may not encroach into the front or rear setbacks.

(p)

Tennis courts, swimming pools and hot tubs are permitted to be installed in rear and side yards provided that a five-foot setback from the side and rear yard property line is maintained. All swimming pools located on the island shall be in-ground only. Swimming pools located on the mainland may be either in-ground or above ground unless located within special flood hazard areas (SFHA), as defined by FEMA. Swimming pools located within SFHA's shall be in-ground only.

(q)

The 25-foot yard shall be established by measuring from the street right-of-way line to the outermost point of the main foundation which supports any covered portion of the building. The 25-foot rear yard setback shall be determined from the property line in like manner. The five-foot side yard areas shall be established by measuring from the side property line to the outermost point of projection of the building. Exterior walls of all dwellings shall be located no closer than seven feet from the side lot lines. Allowable structures attached to this exterior wall will be limited to one fireplace/chimney enclosure no greater than six feet in width by two feet in depth. One fireplace/chimney enclosure may be placed on each side of the structure within the side yard setback. Heating, ventilation and air conditioning equipment not to exceed four feet shall be permitted within the side yard setback.

(r)

Accessory structures on the island. Outbuildings, storage buildings, workshops, or similar structures shall not be allowed outside the footprint (i.e. heated and unheated square footage, which shall include open decks, porches and stairwells) of the principal single-family dwelling structure located on a lot. Said accessory structures may be either attached or detached. Exception: Pool equipment structures containing pool pumps and filter equipment and well structures housing a well and pump are allowed within the town limits so long as the structure is used for housing and protecting of the necessary pump and filter equipment required to either type of equipment. These buildings shall not be larger than the area required by the manufacturer's specifications for the operation and maintenance of pump equipment. Accessory structures shall be allowed on the mainland and within the extraterritorial jurisdiction of the town that are outside of the footprint of the principal dwelling.

(s)

Junkyards are deemed a public nuisance and shall be prohibited within the jurisdiction of this chapter.

(t)

All commercial uses of land within the jurisdiction of this chapter shall be within a permanent structure. Temporary uses of such a vegetable and seafood stands are prohibited unless conducted from a permanent structure.

(u)

All structures used for commercial purposes within the jurisdiction of this chapter shall have permanent restroom facilities available on-site for employee and patron use. The appropriate property owner, business owner or company whose structure will become non-conforming due to the adoption of this amendment shall provide permanent, on-site bathroom facilities prior to October 31, 2001. Vending machines and fully automated carwashes shall not apply to this section.

(v)

Solid waste and/or hazardous waste landfills are prohibited within the jurisdiction of this chapter.

(w)

Heating, ventilation and air conditioning equipment is regulated as follows:

(1)

All heating, ventilation and air conditioning equipment shall meet the requirements of this chapter. Outside portions of these systems are to be considered as an additional allowable appurtenance structure and as such may be placed in the required rear or side yard.

(2)

The replacement of any existing outside portions of a heating, ventilation and air conditioning system will require that the new equipment be placed at an elevation equal to the first finished floor or the Federal Flood Insurance Program base flood elevation, whichever is lower.

(x)

All principal structures located on the same lot in R-1, R-2 or R-3 districts shall be separated by a minimum of ten feet. Roof overhangs and mechanical equipment shall be permitted within this ten-foot separation.

(y)

All commercial structures located on the same lot in C-1, C-2 or C-3 districts shall be separated by a minimum of ten feet. Roof overhangs and mechanical equipment shall not be permitted within this ten-foot separation.

(z)

Any lot platted after June 9, 1998, and which is adjacent to marsh and/or coastal vegetative areas, shall contain at least 5,000 square feet on the uplands side of the coastal vegetative line as defined by CAMA, or the 404 line as determined by the U.S. Army Corps of Engineers.

(aa)

Any property owner whose structure is damaged or destroyed by any act such as hurricane, flood, fire or other act of God may be reconstructed provided the reconstruction does not increase the size of servitude or the size of the structure previously in existence prior to the destructive act.

(bb)

Yard sales are permitted in the residential districts of the town's extraterritorial area as long as they do not occur for longer than two days, four times a year, on the same lot.

(cc)

Open-air amusements shall be approved by the board of commissioners prior to any new construction and/or expansion of facilities. Open-air amusements shall be subject to the following criteria:

(1)

Open-air amusements shall be located in the C-2, C-2M, or C-3 zoning districts.

(2)

Open-air amusements shall not be located within 100 feet of Causeway Drive.

(3)

Open-air amusements shall not operate prior to 9:00 a.m. and shall cease operation by 11:00 p.m. each day.

(4)

Noise levels shall be maintained such that they do not create a nuisance.

(5)

Open-air amusements shall provide adequate permanent restroom facilities available on site for use by employees and patrons.

(6)

Open-air amusements shall provide one parking space for every three persons that the facilities are designed to accommodate when fully utilized, plus one space for each employee on duty.

(7)

Open-air amusements shall provide opaque screening and a ten-foot natural vegetative buffer zone adjacent to any residential area.

(8)

Open-air amusements shall provide, to the satisfaction of the building inspector, documentation from the appropriate sources with regard to the safety of the facilities.

(9)

Open-air amusements shall be subject to any additional requirements that the board of commissioners may deem necessary.

(dd)

Unimproved lots can be utilized for the storage of pools for not more than 30 days. The contractor, owner or installer of the pool shall secure notarized written authority from the titled owner(s) of the unimproved/vacant lot permitting the storage of the pool on the lot. Said authority shall be provided to the building inspection department within 48 hours of the placement of the pool onto the lot. Said pool structures may be stored with the open pool area or swimming area face up. It is the pool contractor's responsibility to monitory water accumulation and any other health related issued white the pool is on the lot. It is also the pool contractor's responsibility to have adequate liability insurance in the event of an accident.

(ee)

Individual lots may not be used for the outside sale or lease of no more than one, including, but not limited to, motor vehicle, boat, boat trailer, personal watercraft (PWC), travel trailer or mobile home unless the lot owner or lessee has a North Carolina Motor Vehicle Dealer License. In such case the lot owner or lessee is a licensed motor vehicle dealer they shall be required to meet all requirements for a business included in chapter 66 of this Code. Individuals storing vehicles on a lot must meet the buffering and screening requirements for storage facilities in article XVI (appearance standards) of this chapter.

(ff)

For construction of a split-level residential structure, the interior levels shall not exceed 26 feet from the bottom-most floor level to the upper-most ceiling level. Structures meeting this requirement shall be deemed in compliance with the two stories of living area restriction. A split-level is divided so that the floor in one part is approximately halfway between the levels of two successive stories in an adjoining part of the dwelling, and there is visual sight between the levels.

(Ord. of 1-12-1999(3); Ord. of 5-19-1998; Ord. of 5-11-1999; Ord. of 3-24-2000(3); Ord. of 7-11-2000(3); Ord. of 8-8-2000(4), § 1; Ord. of 7-10-2201, § 1; Ord. of 12-11-2001; Ord. of 2-12-2002, §§ 1, 2; Ord. of 1-14-2003(2), § 1; Ord. of 7-8-2003(4), § 1; Ord. of 9-9-2003(5), § 1; Amend. of 12-14-2004, § 3; Amend. of 8-9-2005(2), § 1; Ord. of 4-11-2006(3), § 1; Ord. of 4-10-2007; Res. No. 2008-03, § 1, 2-12-2008; Res. No. 2008-29, §§ 1, 2, 10-14-2008; Res. No. 2012-11, § 1.a., c., 10-9-2012; Res. No. 2012-15, § 1, 11-13-2012; Res. No. 2013-23, § 2, 9-10-2013; Res. No. 2013-25, § 2, 11-12-2013; Res. No. 2016-14, § 1, 9-13-2016; Res. No. 2017-03, § 1, 2-14-2017; Res. No. 2018-11, § 1, 6-12-2018; Res. No. 2019-10, § 1, 3-12-2019; Res. No. 2021-24, § 1, 10-21-2021)