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Pine Knoll Shores City Zoning Code

ARTICLE 8

- DISTRICTS

8.1 - PURPOSE

In order to provide for the orderly development of Pine Knoll Shores, preserve existing development patterns that contribute to the character and sense of place of the community, and to allow for creativity in the planning for future development, the Town hereby establishes districts and their associated standards and specifications.

8.2 - DISTRICTS ESTABLISHED

The following Districts are established.

(1)

Conservation ("CN")

(2)

Institutional ("I")

(3)

Manufactured Home Overlay ("MHO")

(4)

Mixed Use-1 ("MU-1")

(5)

Mixed Use-2 ("MU-2")

(6)

Municipal Service ("MS")

(7)

NC Highway 58 Commercial ("C-58")

(8)

Recreational-1 ("Rec-1")

(9)

Recreational-2 ("Rec-2")

(10)

Single-Family Residential-1 ("R-1")

(11)

Single-Family Residential-2 ("R-2")

(12)

Single-Family Residential-3 ("R-3")

8.3 - Description of Each District Purpose and Intent

The general purpose and intent of the zoning districts are described as follows:

8.3-1 The Conservation District (CN) is established to preserve the natural environment occurring within the lands and waters of the district. In promoting the general purposes of this chapter, the specific intent of this district is to promote preservation of the natural flora, fauna, water, sand, soil, and air within the areas included in the district; to severely restrict development activities within the district; to promote the study, observation, enjoyment and beauty of coastal natural resources in a public aquarium and its customary accessory uses and facilities; and to encourage swimming, surfing, boating, sunbathing, relaxation and fishing in those areas of the Atlantic Ocean (and its public trust beach) and Bogue Sound. District standards appear in Section 8.4 and district uses appear in Table 8.1.

8.3-2 The Institutional District (I) is established as a district in which the principal use of land is for religious and educational facilities and their accessory uses. In promoting the general purposes of this chapter, the specific intent of this district is to provide for the location of religious and educational facilities and related accessory uses; to provide for single-family dwellings; to protect the value of neighboring properties; and to protect the natural environment as much as possible. District standards appear in Section 8.4 and district uses appear in Table 8.1.

8.3-3 The Manufactured Home Overlay District (MHO) is established for compliance with G.S. 160D-910. The district consists of only the two parcels now identified as Carteret County tax parcels 636515526618000 and 636519526427000 located between NC Highway 58 and the golf course of the Country Club of the Crystal Coast and which are adjacent to Coastal Mobile Home Estates (now or formerly) in Atlantic Beach, NC.

8.3-4 The Mixed use Districts (MU-1 and MU-2) are established to provide opportunities for both exiting compatible uses and sustainable re-development where site specific land planning of new development creates opportunities for various housing designs sharing community amenities and enhancements. Allowed building/lot types in MU-1 in addition to all MU-2 uses, restaurants and retail shops within a hotel or motel development are also allowed uses. In the MU-2 district are Single-Family Dwellings, Duplexes, Attached House Dwellings (Townhouses), Multi-family Dwellings and Hotels or Motels. Dominant existing uses in this district are residential, hotel and motel. These Mixed use Districts are expected to serve Pine Knoll Shores residents as well as persons who travel for recreational, destination travel and second home purposes. The development pattern in these districts acknowledges the role of the automobile, with parking and access provided to promote safety for the motoring public. Development standards in these Mixed use Districts promote the creation of a pleasant pedestrian-friendly auto-oriented environment while enabling a compatible transition to uses in adjacent neighborhood districts. District standards appear in Section 8.4 and district uses appear in Table 8.1.

8.3-5 The Municipal Service District (MS) is established as a district in which the principal use of land is for those facilities needed to provide for the governmental, administrative, service, and utility needs of the community. In promoting the general purpose of this Article chapter, the specific intent of this district is to provide for the location of those governmental, administrative, police, fire, reserve, utility and service facilities necessary for the operation of the town. District standards appear in Section 8.4 and district uses appear in Table 8.1.

8.3-6 The NC Highway 58 Commercial (C-58) District is established to provide opportunities for compatible, resilient, and sustainable development along certain areas of the NC Highway 58 corridor. Development standards in the "C-58" district acknowledge that the automobile is the primary mode of transportation. Uses in this district include office, medical clinic, restaurant, library, and retail. District standards appear in Section 8.4 and district uses appear in Table 8.1.

8.3-7 The Recreational District-1 (Rec-1) is established as a district in which the principal use of the land is for a country club with such facilities as a golf course, tennis courts, swimming pools, a club house with or without a restaurant, a marina, and normal accessory structures. District standards appear in Section 8.4 and district uses appear in Table 8.1.

8.3-8 The Recreational District-2 (Rec-2) is established as a district in which the principal use of the land is for an open park, and when adjacent to a body of water, access to the water. Marinas without fuel service on land adjacent to bodies of water zoned Rec-2 operated by owners' associations are also permitted. District standards appear in Section 8.4 and district uses appear in Table 8.1.

8.3-9 The Single-Family Residential Districts (R-1, R-2, and R-3) are established for residential neighborhoods. Allowed building/lot types in the Single-Family Districts are Detached House. Listed uses are restricted to Single-Family Dwellings and their accessory uses. Neighborhoods in these districts are the dominant land use in Pine Knoll Shores and are a major element in defining the character of the community. Standards for the Single-Family Residential Districts promote that new development maintains the character of the community. The Single-Family Residential Districts permit the completion and conformity of conventional residential subdivisions already existing or approved in sketch plan form by the Town of Pine Knoll Shores prior to the effective date of these regulations. District standards appear in Section 8.4 and district uses appear in Table 8.1.

8.4 - DISTRICT DEVELOPMENT STANDARDS AND PERMITTED USES LISTED FOR EACH DISTRICT

Development standards are established for each District to promote the orderly development of the Town of Pine Knoll Shores. The uses listed for each district, are as specified in Table 8.1 appearing at the end of this Article for each of the three categories of use listings as follows:

(1)

Listed Use - Where a use is listed in a given district, the symbol "L" is entered in the corresponding district column for the specific use.

(2)

Use Listed with Additional Standards - Where a use requiring supplemental standards and specifications in accordance with Article 10 of this Ordinance is listed in a district, the symbol "A" is entered in the corresponding district column for the specific use along with the reference number for the applicable supplemental standard(s).

(3)

Special Use - Where a use is listed in a given district, upon satisfaction of the requirements established in Article 10 of this Ordinance, the symbol "S" is entered in the corresponding district column for the specific use.

Where a use is not listed within a district, such use shall not be permitted unless as a similar use per 8.4-11.

8.4-1 - Conservation (CN) District

(A)

Uses listed by right: See Table of Uses (Table 8.1) of this Article

(B)

Uses listed with additional standards: See Table of Uses (Table 8.1) of this Article and Article 10.

(C)

Uses listed with conditions: See Table of Uses (Table 8.1) of this Article and Article 10.

(D)

The Height of Buildings shall not exceed 50 feet.

8.4-2 - Institutional District and Restrictions thereon

(A)

Property within this zone shall be used for the following purposes only:

(1)

Religious and educational purposes such as churches, schools, and church related meetings;

(2)

Non-profit camps, including required facilities for housing and preparation and service of food for camp personnel and attendees;

(3)

Seminars and meetings;

(4)

Utility site;

(5)

Recreational facilities appropriate to uses permitted, including boating facilities, swimming areas, athletic fields and play areas;

(6)

Single-Family homes;

(7)

Public beach access facilities under the control of the town and parking areas appurtenant thereto.

(8)

As secondary uses: Wireless support structures and wireless telecommunications facilities as provided in Article 10.

(B)

Restrictions applicable to this district:

(1)

Buildings shall not cover more than 25 percent of total land area and together with parking facilities shall not cover more than 65 percent of total land area. At least 35 percent of total land area shall be left and maintained in its natural state.

(2)

All site and building plans shall be prepared by an architect registered to practice in the state and a qualified landscape designer. Such plans must first be submitted to the community appearance commission for comments and suggestions and then approved by the building inspector. Building plans for single-family homes are exempted from the requirement of design by an architect and landscape designer.

(C)

Other restrictions:

(1)

Living units permitted in this section shall not exceed in total a number equal to the total number of contiguous acres of qualified land subject to the development plans owned by the building permit applicant multiplied by eight.

(2)

For the purpose of this section, a dormitory shall be deemed equivalent in living units to its individual bed capacity divided by five. Dormitories shall be limited to not more than 25 beds.

(3)

Property north and south of N.C. Route 58 shall be considered separately in determining permissible density.

(4)

Single-Family residential lots shall be at least 20,000 square feet in size.

(a)

Single-Family homes in the Institutional District are restricted in height to 35 feet subject to the following exceptions:

1.

On an oceanfront lot where the 35-foot height would not provide an ocean view from at least one living floor, the height may be increased to not more than 50 feet above mean sea level (MSL).

2.

In an approved subdivision greater than four acres, should, (a) impervious surface for a dwelling's footprint on a lot cover no more than 1,666 square feet of the total lot area, (b) the dwelling contain no more than three living floors, and (c) land disturbance on lot does not exceed 35 percent of the total lot area, then building height shall not exceed 50 feet from average grade.

(5)

No building or other structure of any kind shall exceed 50 feet in height, exclusive of elevator shafts, air conditioning and other necessary equipment, none of which shall exceed ten additional feet in height, nor include more than three floors of heated space. Notwithstanding the restriction of this section, structures other than buildings located on an approved utility site as allowed under this division shall not exceed 140 feet in height.

(6)

No building shall be located nearer than 50 feet to the right-of-way line of N.C. Route 58, nor nearer than 30 feet to the right-of-way line of any other street or public property, nor nearer than ten feet to any adjoining lot line, nor nearer than 30 feet to the rear lot line of the property upon which such building is located, nor nearer than 30 feet to any adjoining residential or commercial zone. Walkways constructed by the town or any government agency for public beach access are not subject to the side setback requirements.

(7)

Reserved.

(8)

Parking areas located within the property of any establishment described in this district shall be for the sole use of residents, employees and guests. Adequate parking facilities shall be provided to accommodate all residents, employees, and users of facilities within the district. Dining facilities are to be considered for parking area requirements to be the same as that for restaurants, one parking space for each 100 square feet of floor space.

(9)

No products, goods, or services shall be offered to the general public. However, nothing in this chapter shall restrict religious or educational organizations from offering their facilities to be used by other religious or educational organizations for purposes permitted by this chapter. Nor does this prohibit the sale of products or goods to camp residents and guests.

(D)

Signs. The only signs permitted in the institutional zone shall be wall signs, ground signs, and hanging signs subject to the following:

(1)

One sign per entrance from a public street, not to exceed 50 square feet in size.

(2)

Entities within the institutional district may erect such signs as necessary within the property without being subject to the provisions of this section, provided that those signs are not visible from adjacent property, the public right-of-way, or the public beach strand.

(3)

Any sign erected, other than those authorized under subsubsection (D)(1) above, which is visible from an adjacent property, the public right-of-way, or the public beach strand, shall not exceed three square feet in size.

(4)

Other signs may be located in the municipal services zoning district as allowable under Article 17.

8.4-3 - Manufactured Home Overlay (MHO) District

(A)

Applicability. If the property owner chooses to develop his property in the MHO District for use and occupation by Manufactured Homes, upon application to the Town and approval of the relevant permits by the Town, the provisions set forth in this subparagraph will apply and supersede the permitted or special uses in its underlying C-58 District. All other limits and provisions in the C-58 District will apply unless in conflict with a provision hereof.

(B)

Uses.

(1)

Manufactured Home on subdivided lot subject to the following:

(a)

Minimum lot size - 11,600 sq. ft.

(b)

Minimum lot width at front - 60 ft.

(c)

Internal street setback - 20 ft.

(d)

Side setback - 10 ft.

(e)

Rear setback - 15 ft.

(2)

Manufactured Home Park subject to the following:

(a)

Maximum acreage - 1.0 acre

(b)

Density of Manufactured Homes - four per acre

(c)

Minimum Manufactured Home space dimensions:

1.

Width - 34 feet

2.

Length - 100 feet

3.

Internal street setback - 20 ft.

4.

Side setback - 10 ft.

5.

Rear setback - 15 ft.

6.

Minimum setback of Manufactured Homes from Highway 58 is 50 feet.

(3)

Additional requirements for Manufactured Home development on individual lots or in a Manufactured Home Park:

(a)

A vegetative buffer hedge must be planted and maintained along the common border of all lots used for Manufactured Homes, including a Manufactured Home Park, and all adjacent properties in other zoning districts except for Coastal Mobile Home Estates in Atlantic Beach. The vegetative buffer hedge must be planted with trees or shrubs whose foliage will reach a diameter of eight feet at the ground and a height of six feet within five years of planting. Within five years of planting, the shrubs or trees must form a continuous opaque hedge.

(b)

Setback of all Manufactured Homes from NC Highway 58 - 50 ft. minimum.

(c)

Private paved street with a minimum easement area of 25 feet and minimum pavement width of 18 feet is permitted as long as it is under the maintenance responsibility of an owners' association with the power to assess to provide adequate sums for maintenance.

(d)

Property developed for Manufactured Homes in the MHO district is subject to all impervious surface limits, height limits, accessory use restrictions, and stormwater controls provided for the R-3 zoning district.

(e)

Two parking spaces shall be provided for each Manufactured Home placed in the MHO.

(f)

The Height of Buildings shall not exceed 25 feet.

8.4-4 - Mixed Use Districts (MU-1 and MU-2)

(A)

A Development Agreement, established pursuant to Article 7 of this Ordinance, shall be required for all new Mixed Use (MU-1 and MU-2) District projects, developments, and redevelopments commenced after the adoption of this Ordinance. Existing subdivisions, projects and developments within the MU-1 and MU-2 Districts at the time of adoption of this Ordinance shall be deemed conforming for all purposes except redevelopment.

(B)

Listed Uses:

(1)

Uses listed by right: See Table of Uses (Table 8.1) of this Article.

(2)

Uses listed with additional standards: See Table of Uses (Table 8.1) of this Article.

(3)

Uses listed with conditions: See Table of Uses (Table 8.1) of this Article.

(C)

Listed Building and Lot Types: Detached House, Attached House, Multi-family, owner association offices, owner association amenities.

(D)

Residential Density Limits, excluding Accessory Dwellings meeting the limitations of and in accordance with Article 10:

(1)

Single-Family Detached: 7 units/acre

(2)

Single-Family Attached: 12 units/acre

(3)

Multi-family: 19 units/acre

(E)

General Standards and Specifications:

(1)

Lot coverage by impervious surfaces shall not exceed 25 percent building cover, nor 40 percent parking cover.

(2)

For all new development, building placement, parking placement, building type, urban form, access, and lot arrangement shall be controlled by the lot and building type standards (Article 9) for the lot and building types listed in the MU-1 & MU-2 Mixed Use Districts.

(3)

The Height of Buildings shall not exceed 50 feet.

(4)

In addition to the requirements established by the lot type standards and building type standards, the following dimensional standards shall apply in the MU-1 and MU-2 Mixed use Districts:

Minimum
Lot Size
Minimum
Lot Width
Build-to-Line from
"Main Street" type streets and
intersecting streets
(see Sect. 13.6-1)
Build-to-Line from street(s)
other than the "Main Street" type street
Minimum Rear
Yard Setback
Minimum
Side Yard Setback
6,000 SF for all types except Singlefamily
Attached Townhouse at 1600 SF
120' on NC Hwy 58
0' on a
"Main Street" type street, or 24' on all other
streets for
all types except
Singlefamily
Attached
Townhouse at 16'
14'-3" or 9'-3" off back-of-curbing at
street-side edge-of-
sidewalk (exclusive of curb bump-outs) per Article 13 of this
Ordinance, or the average alignment of existing buildings
within the same block and same side of the street, provided that
buildings with greater than six (6) feet of deviation shall not be considered in this computation. Under no conditions shall a
building be permitted
within the public right-of-way.
Maximum of 24' from r/w or as required
by buffering standards
and/or building type whichever is greater
12' or as required by buffering
standards and/or
building type
whichever is greater
0' or as required by buffering
standards and/or
building type
whichever is greater
unless
specified by
development
agreement(s)
for all types except
interior lot lines of
Single-Family
Attached
Townhouse
at 0'

 

(F)

Open Space. The provision and design of open space shall comply with the requirements set forth in Article 21.

(G)

Parking, Landscaping and Buffers. Parking shall comply with the requirements set forth in Article 12. Landscaping, including required buffers, shall comply with the requirements set forth in Article 11.

8.4-5 - Municipal Service (MS) District

(A)

Property in the municipal service district may be used for the following purposes:

(1)

Town administrative, fire, rescue, police, public works, utility and other town owned or operated municipal facilities;

(2)

Utility facilities, including water, electric, telephone, and waste treatment;

(3)

Storage, warehousing, and maintenance facilities to be used in the construction, operation, and maintenance of town properties;

(4)

Public beach access facilities under the control of the town and parking facilities appurtenant thereto;

(5)

Recreational facilities, including hiking trails, operated by the Town and open to the public.

(6)

As secondary uses: Wireless support structures and wireless telecommunications facilities as provided in Article 10.

8.4-6 - NC Highway 58 Commercial (C-58) District

(A)

Listed Uses:

(1)

Uses listed by right: See Table of Uses (Table 8.1) of this Article.

(2)

Uses listed with additional standards: See Table of Uses (Table 8.1) of this Article and Article 10.

(3)

Uses listed with conditions: See Table of Uses (Table 8.1) of this Article and Article 10.

(B)

Listed Building and Lot Types: Retail, Offices, Dental Clinics, Medical Clinics, Veterinary Clinics, Library, Civic Building.

(C)

Residential Density Limit: 0

(D)

General Standards and Specifications:

(1)

Lot coverage by impervious surfaces shall not exceed thirty-five (35) percent.

(2)

The maximum building height is 35 feet. No structure shall be constructed within 20 feet of an adjoining property line, no parking area shall be within 25 feet of any street right-of-way. No building shall be constructed within 50 feet of a street right-of-way.

(3)

In addition to the requirements established by the lot type standards and building type standards, the following dimensional standards shall apply in the NC Highway 58 Commercial (C-58) District:

Minimum
Lot Size
Minimum
Lot Width
Minimum Street/
Setback from
r/w of
NC Hwy 58
Minimum
Street Setback from r/w of any street other
than NC Hwy 58
Minimum Rear Yard Setback Minimum Side Yard Setback
7,200 SF 120' on NC
Highway 58, or 40' on all other streets
50' 30' or as required by buffering
standards
and/or building type whichever is greater
12' or as required by buffering
standards
and/or
building type
whichever is greater
10' or as required by buffering
standards
and/or
building type
whichever is greater

 

(E)

Parking, Landscaping and Buffers. Parking shall comply with the requirements set forth in Article 12. Parking may be placed in between a building and NC Highway 58. However, parking shall not be in the required setback between a building and NC Highway 58. Landscaping, including required buffers, shall comply with the requirements set forth in Article 11.

(F)

When a building is in between a secondary street and NC Highway 58, that building shall front the secondary street.

8.4-7 - Recreational-1 (Rec-1) District

(A)

Listed Uses:

(1)

Uses listed by right: See Table of Uses (Table 8.1) of this Article.

(2)

Uses listed with additional standards: See Table of Uses (Table 8.1) of this Article and Article 10.

(3)

Uses listed with conditions: See Table of Uses (Table 8.1) of this Article and Article 10.

(B)

Listed Building and Lot Types: Country Club, Recreational Facilities. As secondary uses: Wireless support structures and wireless telecommunications facilities as provided for in Article 10.

(C)

Residential Density Limit: 0

(D)

Building Height. The Height of Buildings shall not exceed 50 feet, except the height limit for telecommunication towers is as provided in Article 10.

8.4-8 - Recreational-2 (Rec-2) District

(A)

Listed Uses:

(1)

Uses listed by right: See Table of Uses (Table 8.1) of this Article.

(2)

Uses listed with additional standards: See Table of Uses (Table 8.1) of this Article and Article 10.

(3)

Uses listed with conditions: See Table of Uses (Table 8.1) of this Article and Article 10.

(B)

Listed Building and Lot Types: Recreational Facilities.

(C)

Residential Density Limit: 0

8.4-9 - Single-Family Residential Districts (R-1, R-2 and R-3)

(A)

Listed Uses:

(1)

Uses listed by right: See Table of Uses (Table 8.1) of this Article.

(2)

Uses listed with additional standards: See Table of Uses (Table 8.1) of this Article and Article 10.

(3)

Uses listed with conditions: See Table of Uses (Table 8.1) of this Article and Article 10.

(B)

Listed Building and Lot Types: Detached House.

(C)

General Standards and Specifications:

(1)

Lot coverage by impervious surfaces shall not exceed thirty-five (35) percent.

(2)

Landscaping shall meet the standards set forth in Article 11.

(3)

Stormwater management shall meet the standards set forth in Article 19.

R-1 R-2 R-3
LOT DIMENSIONS
Minimum Lot Size (Gross square feet) 34,900 17,450 11,600
Minimum Lot Width measured at Front
Street Setback
100' 88' 60'
PRINCIPAL STRUCTURES
Minimum Front Street Setback measured from Street Right-of-way 30' 30' 30'
Minimum Rear Yard Setback 12' 10' 8'
Minimum Side Yard Setback 10% of lot width with Minimum 10' 10% of lot width with minimum 8' 10% of lot width with minimum 6'
Minimum Corner Lot Street Setback measured from Street Right-of-way 30' 30' 30'
Maximum Height from average grade 35' 35' 35'
Driveway Setback (from side property line) 5' 5' 5'
ACCESSORY STRUCTURES (see design standards in Article 10)
Minimum Front Street Setback measured from Street Right-of-way 30' 30' 30'
Minimum Rear Yard Setback 12' 10' 8'
Minimum Side Yard Setback 10' 10' 10'
Minimum Corner Lot Street Setback measured from Street Right-of-way 30' 30' 30'
Minimum Building Separation from Principal and other Accessory Structures 8' 8' 8'

 

(D)

Open Space. The provision and design of open space shall comply with the requirements set forth in Article 21.

(E)

Parking and Landscaping. Parking shall comply with the requirements set forth in Article 12. Landscaping shall comply with the requirements set forth in Article 11.

(F)

The following property is designated as a "flood prone area": Property bounded on the south by North Carolina Highway 58; on the west by Maple Court and the Pine Knoll Waterway; on the north by Cypress Drive (from Pine Knoll Waterway to Fairway Court); and on the east by the Bogue Banks Country Club Golf Course and the western boundary of the Bill Christian Subdivision, and Laurel Court to the Knollwood Drive intersection. The following provisions shall apply within such areas:

(1)

No new construction of any structure or installation of any hardened, nonpermeable materials covering any portion of the lot so as to significantly impede water percolation shall be allowed except to the extent that said structures and impervious surfaces, combined, cover a total surface area of 25 percent or less of the land area of such lot.

(2)

The maximum allowable square footage of "hardened" surfaces for undeveloped lots in this subdivision shall not exceed the square foot allowances 25 percent shown on the attached development density listing for the remaining undeveloped lots in this development. Individual lot numbers and locations are keyed to the attached map.

(3)

No built upon area shall be located within 30 feet from any surface water of the state.

(4)

Neither the town nor any individual lot owner shall construct any defined stormwater collection system, either to service any individual lot within the flood prone area, or any street. As used herein, the term "defined stormwater collection system" shall be as defined by the state in 15NAAC2H.1000 et seq., stormwater regulations adopted by the environmental management commission of the state.

(5)

Street drainage shall be provided only by adjacent vegetated shallow swale type ditches routed to existing natural drainage or relief channels as appropriate. Where improvements of natural drainage channels are required, such channels will also be vegetated shallow swale type ditches, 3:1 HV or less ratio. Minimum dimension culverts will be permitted for road crossings of swale ditches as are required. Driveway crossing of roadside swales shall be by turf stone type blocks (or other approved and similar materials) placed level with the bottom contour of the swale. Check dams shall be constructed in swales and/or relief channels where the hydraulic gradient of said channel is sufficient to cause erosion.

(6)

Natural vegetative cover shall be left intact on all properties to the maximum degree possible consistent with aesthetics and good construction practices.

(7)

To the extent reasonably practical, use of porous or pervious surfaces shall be utilized in constructing driveways, parking hardstands or other non-structure surfaces required to meet owner needs for beneficial use of property, even though such surfaces, if constructed of totally impervious materials, would still meet the 25 percent built upon or hardened surface limitations imposed by subsection (i)(1) of this section.

(8)

All roof drains (leaders) should be directed to ensure maximum ground absorption of runoff waters.

(9)

Any new subdivision within the flood prone area shall be approved only upon the recordation of restrictive covenants enforceable by the state, the town, and any property owner within such subdivision area, which covenants shall include the following restriction: No more than 25 percent of any lot shall be covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials. This covenant is intended to ensure continued compliance with stormwater runoff rules adopted by the state and the town and therefore benefits may be enforced by the state and the town. This covenant shall run with the land and shall be binding on all parties and all persons claiming under them.

8.4-11 - Procedure for Determining Similar Uses

(A)

The Planning Administrator is responsible for categorizing all uses. If a proposed use in an application for a land use permit is not specifically listed as a listed use, a special use, or a prohibited use, the Planning Administrator will determine which use the proposed use is most similar to. In making this determination, the Zoning Administrator will consider the following criteria:

(1)

The actual or projected characteristics of the proposed use;

(2)

The relative amount of site area or floor area and equipment devoted to the proposed use;

(3)

Relative amounts of sales;

(4)

The customer type;

(5)

The relative number of employees;

(6)

Hours of operation;

(7)

Building and site arrangement;

(8)

Types of vehicles used and their parking demands;

(9)

The number of vehicle trips generated;

(10)

Signs;

(11)

How the proposed use is advertised;

(12)

The likely impact on surrounding properties;

(13)

Whether the activity is likely to be found independent of the other activities on the site; and

(14)

The amount of light or sound produced by the propose use.

(B)

If the Planning Administrator determines that the proposed use is most similar to a listed or special use, he will enter such as an administrative decision and the person proposing the use may proceed with required applications for appropriate permits to establish the use.

(C)

If the Planning Administrator determines that the proposed use is most similar to a prohibited use, he will enter such as an administrative decision and deny all applications for permits for such use.

(D)

The Planning Administrator will issue a written decision on the question of similar use. Such decision is an administrative decision under G.S. 160D and may be appealed to the Board of Adjustment by any aggrieved person with standing.

8.5 - PROHIBITED USES

The fragile ecosystem of the Town owing to its location on a barrier island and adjacent public trust waters, the limited area within the Town's corporate limits, and the largely residential development of the town prior to and subsequent to its incorporation in 1973, many legal uses of land are not suitable within the corporate limits of the Town and are prohibited.

(A)

The principal means of listing prohibited uses in this Ordinance is by reference to Sector numbers listed in the 2022 edition of the North American Industrial Classification System ("NAICS") published by the United States Office of Management and Budget. When listing an NAICS Sector number as a prohibited use, all Subsector numbers, Industry Group numbers, NAICS Industry numbers, and National Industry numbers included under the Sector number are also prohibited unless included in Table 8.1 as a listed, special or use with additional standards. The prohibited uses by NAICS Sector number in all zoning districts in Town are:

NAICS
Sector No.
General Description of Prohibited Use
11 Agriculture, Forestry, Fishing and Hunting
21 Mining, Quarrying, Oil and Gas Extraction
22 Utilities
31, 32, 33 Manufacturing
42 Wholesale Trade
48, 49 Transportation and Warehousing

 

(B)

Notwithstanding the categories of prohibited uses by NAICS Sector number, the following are listed uses when all other standards and requirements are met:

1.

Non-commercial fishing is permitted in the CN district.

2.

Commercial fishing by hook and line and by trawling is permitted in the CN district.

3.

Production and treatment by the Town of potable water is permitted in all districts.

4.

Wastewater treatment plants that are accessory uses to single-family neighborhoods, multiple-family projects, or hotels, are permitted in the MU-1 and MU-2 districts.

5.

The distribution of utility services by the Town, any public utility, and Carteret Craven Electric Membership Cooperative are permitted uses in all districts.

6.

Administrative offices for all uses otherwise prohibited are permitted in the C-58 district.

7.

Wireless communication antennae located on a municipal water tank in all districts.

8.

Retail bakeries.

(C)

In addition to prohibited uses keyed to NAICS Sector number, the following uses are also prohibited in all zoning districts within the corporate limits of the Town:

1.

Gun ranges and shooting ranges, whether indoor or outdoor, of all kinds.

2.

Outdoor sports or entertainment stadiums or arenas except tennis courts in the Rec-1 and Rec-2 districts with seating capacities for less than 100 spectators, and tennis courts on common areas of condominium projects or planned communities with seating capacities for less than 100 spectators as accessory uses to those projects or communities.

3.

Tire dealers with on-site installation.

4.

Building material and supplies dealers.

5.

Warehouse clubs and supercenters.

6.

Manufactured home dealers.

7.

Fuel dealers.

8.

Racetracks.

9.

Amusement parks, theme parks, and arcades.

10.

Gambling industries.

11.

Casinos.

12.

Automotive repair.

13.

Automotive body shop.

14.

Commercial and industrial machinery and equipment repair.

15.

Industrial launderers.

16.

Equestrian Facilities.

17.

Junkyards.

18.

Marijuana and/or Cannabis Operation.

19.

Self-Storage interior and exterior access to individual units.

20.

Car Washes.

21.

Tobacco Shops.

(D)

There is a rebuttable presumption that a use not listed in Table 8.1 as a listed or special use is a prohibited use.

Table 8.1—Table of Uses
L=listed use S=special use  A=use listed with additional standards
For prohibited uses, see Article 8.4.10
Section 1 - General Uses of the following:
Single-Family Residential (R-1, R-2 & R-3) Manufactured Home Overlay (MHO) Municipal
Service (MS)
Recreational 1 (Rec-1) Recreational 2 (Rec-2) Conservation (CN) Mixed Use (MU-1) Mixed Use (MU-2) NC Highway 58
Commercial
(C-58)
Institutional (I)
ABC Store (liquor store for sale of bottled spirits) L
Adult Establishment/Uses S (10.2-2)
  Bookstore, Adult S (10.2-2)
  Cabaret, Adult S (10.2-2)
  Massage Parlor S (10.2-2)
  Motel, Adult S (10.2-2)
  Movie, Adult—Rental, Sales S (10.2-2)
  Retail, Adult Products S (10.2-2)
  Motion Picture Theater, Adult S (10.2-2)
Agricultural Production (Crops & Livestock)
RESERVED
Agricultural Production (Within Buildings)
RESERVED
Airport, incl. Heliport and/or Helistop (public and/or private)
Alteration, Clothing Repair S (7.8) L
Ambulance, Fire, Rescue Station L
Antique Store S (7.8) L
Apparel Sales (Clothing, Shoes, Accessories) S (7.8) L
Appliance Repair, Refrigerator or Large L
Appliance Store L
Aquarium L
Arts and Crafts Store L S (7.8) L
Athletic Fields L L L S (7.8) L
Bakery S (7.8) L
Bank, Savings and Loan, or Credit Union A(10.1-4)
Barber Shop S (7.8) L
Bar (with/without Beverage Production Accessory Use) L S (7.8) L
Beach Access Facility, Private (incl. Private piers and/or boat ramps - with or without appurtenant parking) L L L L L L
Beach Access Facility, Public (incl. Public and
commercial piers and/or boat ramps - with or without appurtenant parking)
L L L L
Beach Walkway and/or Platform
Beauty Shop S (7.8) L
Bicycle Shop (Includes repair) S (7.8) L
Bingo Games S (7.8) L
Boat Dock or Pier (not incl. Marinas) L L S (7.8) L
Bookstore S (7.8) L
Bowling Lanes (bowling alley) S (7.8) L
Bulk Mail and Packaging S (7.8) L
Bus Terminal L
Camera Store S (7.8) L
Camp Ground (Recreational Vehicle Park) A (10.1-39)
Candy Store S (7.8) L
Cemetery or Mausoleum A(10.1-8)
Clothing, Shoe and Accessory Store S (7.8) L
Club or Lodge, Beach A(10.1-15) A(10.1-15)
Coin Operated Amusement (excludes Electronic Gaming Operation) L
College or University L
Communication or Broadcasting Facility, without Tower L L L
Computer Sales and Service L
Convenience Store (without gasoline pumps) L
Correctional Institution (RESERVED)
Country Club with or without Golf Course,
Restaurant, Clubhouse
A(10.1-7)
Crematorium
Dance School L L
Day Care Center for Children or Adults (6 or more) A (10.1-8)
Day Care Center, Home Occupation for less than 6 children A (10.1-9)
Department, Variety or General Merchandise Store L
Dormitories A (10.1-10)
Drive-Through Window as Accessory Use L
Drugstore/Pharmacy, without Drive-Through
Window
S (7.8) L
Electronic Gaming Operation S (10.2-15) S (10.2-15)
Equipment Rental & Leasing (no outside storage) S (7.8) L
Equipment Rental (w/fenced outside storage) L
Equipment Repair, Heavy
Event and Wedding Venue L S (7.8)
Fabric or Piece Goods Store S (7.8) L
Family Care Facility (Family Care Home) L L L L
Farmers' Market L
Fences & Walls (see 2.13) L (2.13-2) L (2.13-2) L (2.13-2) L (2.13-2) L (2.13-2) L (2.13-2) L (2.13-2) L (2.13-2) L (2.13-2)
Fitness Center, Health Club L L L
Fire, Ambulance, Rescue Station L
Fishing Pier, commercial and/or public L L
Floor Covering, Drapery, and/or Upholstery Sales L
Florist S (7.8) L
Fortune Tellers, Astrologers RESERVED
Funeral Home without Crematorium L
Furniture Framing L
Furniture Repair Shop L
Furniture Sales L
Game Room, Coin Operated (excludes Electronic Gaming Operation) S(10.2-5)
Garden Center or Retail Nursery L
Gift or Card Shop S (7.8) L
Golf Cart Sales, Rentals, and Leasing L
Golf Course, Public and/or commercial L
Golf Course, Miniature S (10.2-2)
Golf Driving Range L
Grocery Store L
Group Care Facility
Hardware Store L
Heliport and/or Helistop (public and/or private) L
Hobby Shop S (7.8) L
Home Furnishings Sales L
Home Occupation A (10.1-11) A (10.1-11) A (10.1-11) A (10.1-11) A (10.1-11)
Hospital L
Hotel or Motel L L
Jewelry Store L
Kennels or Pet Grooming w/Outdoor Pens or Runs L
Kennels or Pet Grooming, No Outdoor Pens or Runs L
Laboratory, Medical or Dental L
Landscape Services with Outside Storage L
Laundromat, Coin-Operated L
Laundry or Dry Cleaning L
Library L L
Lighting Sales and Service L
Manufactured Home/Dwelling Sales S (10.2-2)
Marina - including yacht basins, dock slips, boat ramps, fueling of watercraft afloat, boat & trailer storage L
Market for Fresh Seafood S (7.8) L
Market Showroom (Furniture, Apparel etc.) L
Martial Arts Instructional Schools S (7.8) L
Medical, Dental or Related Office S (7.8) L
Migrant Labor Housing (RESERVED—See multi-family or hotel)
Motion Picture and/or Television Production L
Museum or Art Gallery L
Musical Instrument Sales L
Newsstand L
Nursing Home, Assisted Living A (10.1-13)
Office Uses
  Accounting, Auditing or Bookkeeping Services L
  Administrative or Management Services L
  Advertising Agency L
  Architect, Engineer or Surveyor's Office L
  Dental, Medical or Related Office L
  Employment Agency, Personnel Agency L
  Finance or Loan Office L
  Government Office L
  Insurance Agency (w/on-site claims inspections) L
  Insurance Agency (without on-site claims inspections) L
  Law Office L
  Medical, Dental or Related Office L
  Office Uses Not Otherwise Classified L
  Real Estate Office L
  Service Contractors Offices with Fenced
Outside Storage
L
  Service Contractors Offices without Outside
Storage
L
  Stock, Security or Commodity Broker L
  Temporary Real Estate Office (see Article 15)
  Travel Agency L
Optical Goods Sales L L
Outside Storage Uses Not Otherwise Classified L
Paint and Wallpaper Sales L
Parks and Recreation Facilities, Public L L L L L L L L L
Parking Lots, Surface (excludes Parking Structures) L L L L L L L L L
Pawnshop or Used Merchandise Store A (10.1-19)
Pest or Termite Control Services L
Pet Store L
Petroleum Products Storage and/or Transfer L
Pharmacy/Drugstore L
Photofinishing Laboratory L
Photography, Commercial L
Photography Studio L
Police Station L L
Portable Storage Unit (POD) (as Temporary Use - see Article 15)
Post Office L L L
Printing and Publishing Operation L
Recorded Media Sales (Record/Compact Disc/Tape) L
Religious Institutions (Church, Synagogue, Mosque or Place of worship) A(10.1-9)
Residential Uses (Dwellings) by type shown below:
  Dwelling, Attached House (incl. term
"Townhouse")
L L L L
  Dwelling, Manufactured Home A(10.1-20)
  Dwelling Park, Manufactured Home
(see subsections 2.20 & 22.5-1)
S(10.2-10)
  Dwelling, Multi-family 8 Units or Less A (10.1-12) A (10.1-12)
  Dwelling, Multi-family (apartments or
condominiums)
A (10.1-12) A (10.1-12)
  Dwelling, Single-Family Detached L L L
  Temporary Family Health Care Structure (per G.S. 160D-915(a)(5)) L L L L L L
  Tourist/temporary Residence (see Art./Section 2.23)
Restaurant (w/drive-thru window acc. use - see 10.1-17) S (7.8) L
Retail Sales Not Otherwise Listed L
Retreat Center L
Satellite Dish As Accessory Use L L L L L L L L
Sewage Treatment Plant L
School, Elementary or Secondary A (10.1-14) A (10.1-14)
Service Contractors Offices with Fenced Outside Storage L
Service Contractors Offices without Outside
Storage
L
Service Station (Automobile Repair Services, Minor) A (10.1-4)
Service Station (Automobile Repair Services, Major) A (10.1-4)
Shelter for the Homeless RESERVED
Shooting Range, Indoor (See 8.4-10) S (10.2-13)
Shooting Range, Outdoor (See 8.4-10)
Shopping Center L
Sign (Accessory Use as permitted by Article 17) L L L L L L L L L
Sign fabricating L
Skating Rink L
Solid Waste Disposal (non-hazardous)
Special Events not listed (see Article 15)
Sporting Goods Store L
Sports and Recreation Clubs, Indoor L S (7.8) L
Stationery Store S (7.8) L
Storage, Self w/interior access to individual units (See 8.4-10)
Storage, Self w/exterior access to individual units (See 8.4-10)
Storage, Self w/outdoor storage for vehicles, etc. (See 8.4-10)
Swim and/or Tennis Club A (10.1-29) A (10.1-29) A (10.1-29) A (10.1-29)
Swimming Pool As Accessory Use L L L L L L
Tattoo and/or Body Piercings Studio RESERVED
Taxi & Limousine Services L
Television, Radio or Electronics Sales & Repair L L
Temporary Construction Storage and/or Office A (10.1-20) A (10.1-20) A (10.1-20) A (10.1-20) A (10.1-20) A (10.1-20) A (10.1-20) A (10.1-20)
Temporary Uses not listed (see Article 15)
Tire Recapping (See 8.4-10)
Tire Sales, Motor Vehicle (See 8.4-10) A (10.1-4) A (10.1-4)
Towers, Telecommunications and/or Broadcast S (10.2-14) S (10.2-14) S (10.2-14) S (10.2-14)
Truck and Utility Trailer Rental and Leasing L
Trucking Centers, Truck Stop &/or Freight Terminal
Utility Equipment and Storage Yards L
Utility Metering Station L L L L L L L L
Utility Pumping Station L L L L L L L L
Utility Substation L L L L L L L L
Vending Machine - Outdoor (with or without advertising copy) L L L L
Veterinary Service, Large Animal L
Veterinary Service, Pet Grooming, without Outdoor Kennels or Runs L L
Veterinary Service w/Outdoor Kennels and/or Runs
Video Media Rental and Sales L L
Vocational, Business or Secretarial School L L L
Warehouse (general storage, no outdoor storage) (See 8.4-10)
Warehouse (Self-storage with outdoor storage) (See 8.4-10)
Water/Wastewater Treatment Plant L
Wedding and Events Venue L L L
Wholesale Trade (see section 3 of this table)
Wind Energy Facilities for Individual Use A(10.1-21) A(10.1-26) A(10.1-26) A(10.1-26) A(10.1-26) A(10.1-26)
Wireless Facility, Micro A(10.1-16) A(10.16) A(10.16) A(10.16) A(10.16) A(10.16)
Wireless (telecommunication) Facilities, Concealed A(10.1-17) A(10.17) A(10.17) A(10.17) A(10.17) A(10.17)
Wireless (telecommunication) Facilities, Collocated A(10.1-18) A(10.18) A(10.18) A(10.18) A(10.18) A(10.18)
Wireless Support Structure (telecommunication tower) S(10.2-4) S(10.2-4) S(10.2-4) S(10.2-4) S(10.2-4) S(10.2-4)
Yard Sale (no more than 3 per year) (Sect. 15.3) (Sect. 15.3) (Sect. 15.3) (Sect. 15.3)
Prohibited Uses—See Article 8