At the time of erection of any building or structure, or at the time any main building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area, or before conversion from one zoning use or occupancy to another, permanent off-street parking space shall be provided according to the amounts and specifications provided by this section.

(1)

General provisions.

a.

Each parking space, for other than single-family residential homes, shall have a minimum length of 18 feet and a minimum width of nine feet. Drive aisle width shall be a minimum of 22 feet. It shall have vehicular access to a publicly dedicated or town approved private street and be located outside of any dedicated right-of-way.

b.

When a parking space abuts an open space, the two feet at the end of the parking space shall be left unpaved to allow for drainage, in which case a bumper or wheel stop shall be installed.

c.

Sufficient maneuvering space shall be provided so that no vehicle will be required to back into the public right-of-way. Such space shall be a minimum dimension of ten feet by ten feet and contiguous with the driveway if a required parking space is located in the driveway.

d.

No parking spaces for residential use, except for single-family and two-family use, shall be located in the required front yard.

e.

Required parking spaces and driveways for other than single-family and two-family uses shall be graded, improved with concrete or I-2 asphalt and maintained in a manner which will provide a surface permitting safe and convenient use in all weather conditions.

f.

Required off-street parking spaces are permanent areas and shall not be used for any other ground purpose.

g.

All space requirements which are based upon employment shall be computed on the basis of the greatest number of persons on duty at any one period during time of peak use. In instances where calculations indicate a portion of one space is required, an additional full space shall be provided.

h.

Each application for a zoning permit submitted to the zoning administrator shall include information as to the location and dimensions of off-street parking and loading space and the means of ingress and egress to such space. This information shall be in sufficient detail to enable the zoning administrator to determine whether or not the requirements of this section are met. All required parking and drive areas shall be shown on the site plan application.

i.

The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use, except that one-half of the parking space required for churches, theaters, or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sundays.

j.

Any off-street parking space required by a use permitted in any residential district shall be provided on the same lot with the use by which it is required. Off-street parking space in conjunction with commercial uses in other districts shall not be permitted in a residential district.

k.

Where off-street parking is provided between the building line and the street right-of-way line for any business use, a buffer strip of at least five feet in width shall be provided adjacent to such street right-of-way line. Curb cuts through such buffer strips shall be separated by a minimum of 50 feet unless otherwise approved by the town council.

l.

All parking spaces which abut open space or buffer space shall have a fixed wheel stop of concrete, plastic or chemically-treated wood six inches in height. Allowances shall be made for two feet of overhang within the parking space so that no part of any car can be located within the required yard.

m.

Where a driveway meets the paved street in the town right-of-way there may be not more than two flares or aprons constructed. The sum of the two flares shall not exceed the width of the driveway by more than five feet. The sum of all construction in the town right-of-way on one platted lot cannot exceed 20 feet.

n.

Provisions for compact or short vehicular parking spaces. Marked compact parking spaces may be allowed within group development parking lots for no greater than ten percent of the total number of provided parking spaces. Each compact parking space shall have a minimum length of 15 feet and a minimum width of eight feet. Drive aisle width shall be a minimum of 22 feet.

o.

Required parking spaces for fire stations that cannot be provided on the site of the fire station may be located on town-owned property and/or within the town right-of-way.

(2)

Shared parking. Within any one site, or on contiguous commercial sites, the required parking for any number of separate uses may be combined on the site or sites, but the number of parking spaces assigned to one use may not be assigned to another use, except as provided in this subsection.

a.

Shared parking shall be a special use requiring approval by the town council and subject to requirements imposed by the town council as provided in section 36-300.

b.

A portion of parking spaces required for one use may be used to meet the parking requirements of another use on the same, or on contiguous commercial, parcel(s) when the peak hours of operation and parking demands of the uses occur at different times of day which shall be established in the special use permit.

c.

In the event that the peak hours of operation or parking demands of either site(s) change(s) such that the peak hours of operation are no longer different or the number of parking spaces required for either site increases, each site shall be brought into compliance with the parking requirements of this chapter.

Prior to final approval of the shared parking proposal, a shared parking agreement, in recordable form and executed by the property owners sharing parking, shall be submitted to the town. The shared parking agreement shall contain terms consistent with the provisions of the shared parking requirements set forth herein; shall contain terms prohibiting its revocation or modification without the town's prior notification; and upon final approval of the site plan, the shared parking agreement shall be recorded in the county registry at owners' expense.

d.

Shared parking agreements between adjacent lots require adequate and safe pedestrian access to and from the shared parking areas.

(3)

Requirements for parking lots. Where parking space for five or more cars is permitted or required (other than single-family detached dwellings and townhouses), the following provisions shall be complied with:

a.

Curb bumpers. The required front and side yards shall be set off from the parking area by a fixed curb approved by the zoning administrator, not less than six inches or more than two feet high.

b.

Drainage. Parking lots shall not drain onto or across public sidewalks, roadways or into adjacent property except where a drainage easement has been provided or obtained.

c.

Entrances. On all corner lots, no vehicular openings shall be located at closer than 15 feet from the point of intersection of the established street right-of-way lines. No entrance or exit, whether on a corner lot or not, shall exceed 30 feet in width at the property line, or 40 feet at the curbline. There shall be a minimum distance between one-way driveways of 50 feet measured along the curbline.

d.

Internal circulation. The internal circulation plan of parking lots shall be approved by the town council.

e.

Lighting. Any lighting shall be so arranged as to direct the light and glare away from streets and adjacent property.

f.

Markings. Each parking space shall be marked off and maintained so as to be distinguishable.

g.

Off-street loading.

1.

One or more loading spaces shall be provided for standing, loading and unloading operations, either inside or outside a building and on the same premises with every building or structure erected after the enactment of this article, and shall be in accordance with the requirements of the following table. A loading berth shall have minimum plan dimensions of 12 feet by 60 feet and a 14 foot overhead clearance. A loading space need not be necessarily a full berth but shall be sufficient to allow normal loading and unloading operations of a kind and magnitude appropriate to the property served thereby. The town engineer shall determine the sufficiency of loading space but in no case shall the use of such space hinder the free movement of vehicles and pedestrians over a street, sidewalk, parking lot or alley.

2.

Loading spaces shall be located at least 50 feet from any street right-of-way and shall be paved with asphalt, concrete, or porous paving as approved by the town engineer or an open-face paving block over sand and filter-cloth base, provided the open-face paving block is equivalent to turfstone with regards to compressive strength, density, absorption and durability.

h.

Planting. Buffer strips (subsection (1)k. of this section) and not less than 15 percent of any parking lot land area shall be planted with trees or shrubs. The buffer shall be comprised of planting material placed ten feet on center and having minimum height of five feet when planted and expected to reach a height of eight feet within three years. Suitable plant types shall be those recommended for the coastal area by the U.S. Department of Agriculture. The vegetation plan shall be approved by the town council.

i.

Solid waste and recycling container requirements. Sufficient space shall be provided on the premises for the location of a solid waste container. Such solid waste container location may be in a required parking lot provided, however, that such location does not occupy a required parking space or maneuvering space and further provided that such solid waste container location shall provide convenient and safe access to the servicing vehicle.

j.

Surfacing. All parking lots shall be provided and maintained with concrete or I-2 asphalt surface and paved drainage facilities adequate to provide safe and convenient access in all weather conditions.

k.

Yards. No parking lot shall be located closer than five feet to a public right-of-way. The area between the parking lot and the street right-of-way shall be planted in accordance with subsection (2)h. of this section and maintained with lawn or other appropriate planting, or shall be improved otherwise as approved in site plan review.

(4)

Minimum parking requirements. The number of off-street parking spaces required by this section shall be provided on the same lot with the principal use, or in combination with adjacent lots, provided the applicant has secured a shared parking agreement, and special use permit, as described in subsection 36-163(1)j., and the required number of off-street parking spaces specified for each use shall be considered as the absolute minimum. Where a fraction of a space is required by this article, the next whole number shall be provided. In addition, a developer shall evaluate his own needs to determine if they are greater than the minimum specified by this article.

a.

Residential and related uses.

1.

Detached single-family dwelling units, two-family dwelling units and townhouses: three parking spaces for each dwelling unit with up to eight-person septic capacity and one additional space for each two persons of septic capacity, or fraction thereof, in excess of eight-person septic capacity up to 12-person septic capacity and one additional space for each person of septic capacity over 12.

i.

The number of persons of septic capacity shall be determined by the county health department in establishing residence occupancy limits for wastewater/septic system.

ii.

An eight-foot-wide drive aisle shall be provided, which must be separate from any parking spaces, such that no vehicle will be required to back into the public right-of-way. The following exception shall apply: one required parking space may be located behind each parking space in an under house parking area or enclosed garage, or lined up outside in such a manner that it is located in the drive aisle.

iii.

Each parking space shall have a minimum length of 18 feet and a minimum width of eight feet.

2.

Multifamily residence group housing projects and condominiums: two and one-half parking spaces on the same lot for each unit.

3.

Hotel, motel: one and one-half parking spaces for each room to be rented plus one additional parking space for each employee.

b.

Public and semipublic uses.

1.

Churches: one parking space for each three seats in the sanctuary.

2.

Clinic (medical and dental): five parking spaces for each doctor assigned plus one parking space for each employee, but not less than ten spaces total.

3.

Elementary school: one parking space for each classroom and administrative office.

4.

Event facilities: one space for each 150 square feet of floor area.

5.

Public or private clubs: one parking space for each 200 square feet of gross floor space.

6.

Telephone switching stations or electric substations: one parking space for each employee.

7.

Group fitness, aerobics, dance, martial arts, yoga, gym, and/or weight training: one parking space for each 250 square feet of gross floor space.

c.

Retail and office uses.

1.

Animal hospitals: five spaces per veterinarian, plus one space for each employee, but not less than 16 spaces.

2.

Funeral home: one parking space for each four seats in the chapel or parlor.

3.

Garden center/nursery: one space for every 500 square feet of outdoor retail display area.

4.

General or professional offices, banks (doctors and dentists, see clinic requirements): one parking space for each 300 square feet of gross floor space, plus one space for each two employees.

5.

Grocery or appliance stores: one parking space for each 500 square feet of gross floor area.

6.

Municipal building: one parking space for each 200 square feet of net office area, plus one space for each two seats in municipal council chambers.

7.

Municipal complex: one parking space for each 200 square feet of gross floor space.

8.

Fire Stations: one parking space for each employee plus one space for each four seats in the training room.

9.

Restaurant: one parking space for each three customer seats, plus one additional parking space for each employee.

10.

Retail uses not otherwise listed: one parking space for each 300 square feet of floor area.

11.

Theaters: one parking space for each three seats.

12.

Nonprofit entities: a minimum of three parking spaces shall be provided.

13.

Drive-through facility or establishment (small): one parking space for each three customer seats, plus one additional parking space for each employee.

d.

Off-street parking and/or storage of certain vehicles prohibited.

1.

Trucks, trailers, semitrailers, (self-propelled or detached) and prefabricated cargo shipping containers or similar containers shall not be used as a storage or other type of accessory structure in any zoning district.

2.

Nothing in this section shall apply to any vehicle stored in compliance with applicable town codes. This regulation shall not be interpreted to prohibit the timely unloading and loading of commercial trailers in any district.

e.

Reduction of required parking for commercial uses within group developments with the use of bicycle racks holding at least four bicycles. The total parking requirement for every 50 parking spaces for the proposed use may be reduced by one parking space for each bicycle rack located on the site for up to four bicycle racks.

f.

Reduction of required parking for providing trees. The total parking requirement for every 20 parking spaces for the proposed use or existing use may be reduced by one parking space for each shade tree that is provided within parking areas for up to five parking spaces. Each shade tree that is planted shall be a minimum of six feet in height when planted. Suitable tree types shall be those recommended for the coastal area by the U.S. Department of Agriculture.

(Code 1988, § 11-6.01; Ord. No. 2006-09-02, art. V, 11-28-2006; Ord. No. 2007-07-01, art. IV, 8-7-2007; Ord. No. 2007-09-02, art. III, 9-4-2007; Ord. No. 2011-01-01, art. VIII, pts. III, IV, 1-4-2011; Ord. No. 2012-02-01, art. III, pt. II, 2-7-2012; Ord. No. 01-04, art. III, pt. 7, 1-22-2016; Ord. No. 2016-03-01, art. III, 3-1-2016; Ord. No. 2018-05-01, art. III, 5-1-2018; Ord. No. 2018-05-02, art. III, pt. II, 6-5-2018; Ord. No. 2018-07-02, art. III, pts. I, II, 7-10-2018; Ord. No. 2021-05-05, art. III, pt. I, 5-4-2021; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022; Ord. No. 2022-09-01, art. III, pt. I, 9-6-2022; Ord. No. 2024-07-01, art. III, pt. I, 5-20-2024)

The building inspector shall not issue a building permit for any use or structure requiring a water supply or sewage disposal or both unless the application is accompanied by approval, in writing, by the appropriate authority, of the water supply and method of sewage disposal.

(Code 1988, § 11-6.02)

The town adopts these standards and regulations to ensure that permitted signs reflect the aesthetics desired by its residents; promote traffic safety; and, provide minimum interference with individual property rights.

(1)

Exclusions. The following shall not be included in the application of these regulations:

a.

Integral decorative or architectural features of buildings, except moving parts, or moving lights;

b.

Temporary signs of less than three days duration located within a public right-of-way;

c.

Fence-wrap signs affixed to fences surrounding a construction site, and used to indicate the construction firms actively working on a development site in accordance with G.S. 160D-908;

d.

Pennants.

(2)

Number and area.

a.

For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.

b.

The surface area of a sign shall be computed as including the entire area within a regular geometric form or combination of regular geometric forms comprising all of the display area of the sign and including frames and all of the elements of the matter displayed. The area of a double-faced sign shall be the area of one face of the sign, provided that the two faces are of the same size and are parallel to one another with no more than 24 inches between each sign face.

(3)

Sign permit required. No sign shall hereafter be erected or attached to, suspended from, or supported on a building or structure, nor shall any existing sign or outdoor advertising structure be structurally altered, remodeled or relocated, until a sign permit for same has been issued by the zoning administrator. No permit is required for signs in residential districts, temporary signs, or any sign not exceeding three square feet in area.

(4)

Material and design. All signs requiring a permit shall be constructed and designed, according to generally accepted engineering practices, to withstand wind pressures and load distribution as specified in the current building code.

(5)

Inspection required. Each sign or outdoor advertising structure subject to the regulations of subsection (3) of this section may be subject to an annual inspection by the building inspector for the purpose of ensuring that the structure is maintained in a safe condition. The fee for the annual inspection shall be in accordance with a regularly adopted fee schedule of the town. When a sign becomes structurally unsafe, the building inspector shall give written notice to the owner of the sign or outdoor advertising structure that the sign or outdoor advertising structure shall be made safe or removed within ten days of receipt of such notice.

(6)

Illuminated signs. All signs or outdoor advertising structures in which electrical wiring and connections are to be used shall require a permit and shall comply with the electrical code of the state and be approved by the building inspector. The light source shall not be visible from the road right-of-way or from adjacent property.

(7)

Prohibited signs. The following signs, sign construction, and displays are prohibited:

a.

Any sign erected or maintained which is a copy or imitation of an official highway sign and carrying the words "STOP" or "DANGER" except such signs installed by the town to regulate bicycle traffic on town-owned multipurpose pathways.

b.

Any sign that obstructs corner visibility or visibility at a driveway between a height of two feet and ten feet.

c.

A sign attached to any traffic sign, utility pole or structure, or tree.

d.

Any sign that obstructs ingress and egress to any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress or egress for any room or building as required by law.

e.

Any sign that violates any provision of any law of the state relative to outdoor advertising.

f.

Any sign which contains, employs, or utilizes lights or lighting which rotates, flashes, moves or alternates.

g.

Any sign located within a public or private right-of-way except as provided in this section.

h.

Any signs painted on or affixed to a roof surface.

i.

Vehicle signs.

j.

Signs supported in whole or in part by water, air or gas.

(8)

Signs permitted. The following requirements apply:

(Code 1988, § 11-6.03; Ord. No. 06-11-01, arts. IV—VI, 11-8-2006; Ord. No. 2007-09-02, art. IV, 9-4-2007; Ord. No. 2011-01-01, art. VIII, pt. V, 1-4-2011; Ord. No. 2013-03-01, art. III, pt. II, 3-5-2013; Ord. No. 2013-06-02, art. III, pt. II, 6-18-2013; Ord. No. 2018-07-02, art. III, pt. III, 7-10-2018; Ord. No. 2022-10-01, art. III, pt. II, 9-19-2022)

(a)

Intent. Outdoor lighting standards are hereby established to provide desirable levels of lighting for adequate visibility, safety and security without unreasonably interfering with the use and enjoyment of neighboring properties. This section is designed to provide uniform distribution of light that minimizes light trespass and controls glare on and off the property. All outdoor lighting shall be planned, erected, altered and maintained in accordance with the following provisions.

(b)

Lighting prohibited.

(1)

Light fixtures that imitate an official highway or traffic control light or sign are prohibited.

(2)

Light fixtures in the direct line of vision with any traffic control light or sign are prohibited.

(3)

Light fixtures having a flashing or intermittent pattern of illumination are prohibited.

(4)

Privately owned light fixtures located in the public right-of-way are prohibited.

(5)

Searchlights are prohibited except when used by a federal, state or local authority.

(6)

Light fixtures that violate any law of the state relative to outdoor lighting are prohibited.

(7)

Floodlights for illuminating sports are prohibited except for permitted outdoor recreational uses.

(8)

Illumination of the public beach and estuarine waters from uses that are not water dependent shall be prohibited.

(9)

Lighting of windsocks, fountains or flags is prohibited, except the flags of the United States of America, North Carolina, official flag of the town or permitted flag sign.

(10)

Light fixtures directed overhead are prohibited.

(c)

General provisions.

(1)

Exterior lighting shall not exceed one footcandle of light (forward or back lighting) measured at the property line of any adjacent property.

(2)

All wiring for outdoor lighting not located on a building shall be placed underground.

(3)

Principal buildings shall be lit for security at intensities no greater than permitted in the table in subsection (c)(7) of this section.

(4)

Floodlights shall not exceed 500 watts. When placed in a cluster the combined wattage shall not exceed the footcandle permitted in the table in subsection (c)(7) of this section.

(5)

Lighting fixtures shall be designed to withstand a minimum wind velocity of 130 miles per hour for a three second gust.

(6)

Freestanding light fixtures within commercial parking lots shall not exceed 35 feet in height, measured from ground level or lowest surrounding ground elevation, and in all other areas, shall not exceed 18 feet in height, measured from ground level. For purposes of this article, "ground level" shall be interpreted to mean the original site elevation before any site work or fill material is added.

(7)

The following lighting intensity levels, measured at ground level in footcandles, shall be exempt from these restrictions. Permitted intensity levels may be approved by town council for reasonable cause.

(d)

Site plan requirements. The town shall require an outdoor lighting plan for review as part of the site plan review process for all uses other than one- and two-family dwelling units. Lighting plans submitted for review shall provide:

(1)

The rationale for the proposed lighting plan.

(2)

Evidence that a lower lighting level than that requested would not provide sufficient illumination.

(3)

Rationale for why the selected option was chosen for the particular site.

(4)

The stamp/seal, license number and signature of the design professional responsible for the plan. Design professional must be a professional engineer, architect or landscape architect licensed to practice in the state.

(e)

Light fixture (luminaire) specifications. As part of the site plan submittal for all uses other than one- and two-family dwelling units, the design professional shall provide manufacturers technical specification sheets describing the fixtures to be used.

(f)

Measurements.

(1)

Measurements are to be made in footcandles with a direct reading, portable light meter.

(2)

Unless otherwise specified, the meter sensor shall be mounted not more than six inches above ground level in a horizontal position to measure horizontal illumination. Vertical illumination shall be measured at a height of five feet with the sensor mounted not more than six inches from the wall surface and the meter sensor in the vertical position.

(g)

Inspection. All outdoor lighting fixtures may be subject to annual inspection by the code enforcement officer to ensure compliance with the provisions of this article. When a fixture fails to comply, the code enforcement officer shall give written notice to the owner of the property on which the fixture is located stating that the fixture shall be brought into compliance, or removed at the owner's expense, within 30 days of receipt of the notice. The remedies set out in article XI of this chapter shall also apply to this section.

(Code 1988, § 11-6.04; Ord. No. 02-09-023, pt. I, 9-3-2002; Ord. No. 2012-12-01, art. III, pt. I, 12-4-2012)

Recreational equipment parked or stored in any location shall not be used for living, sleeping, or housekeeping purposes.

(Code 1988, § 11-6.05; Ord. No. 2007-07-01, art. IV, 8-7-2007)

The following temporary uses are permitted uses notwithstanding other restrictions of this article:

(1)

Temporary real estate sales offices may be permitted in any residential district for on-site sales of land or residences located only within the subdivision within which such office is located. Any such temporary use must be terminated no more than 30 days from the date that 80 percent of the lots or residences within that subdivision are sold.

(2)

Temporary construction offices may be permitted in any district to provide on-site offices for the management and security of construction projects only. Any such temporary use must be terminated no more than 30 days from the date that construction is completed.

(3)

Temporary storage units, which are enclosed on all sides and can be securely locked for the purpose of inhibiting theft or unauthorized entry, may be permitted in conjunction with a construction, renovation or rehabilitation (but not demolition) project where a building permit issued is for the construction, renovation or rehabilitation of not less than 20,000 square feet of floor space. No advertising signage is permitted on such storage units. The location and number of temporary storage units shall be shown on the site plan and all temporary storage units shall be removed before any certificate of occupancy is issued.

(4)

Within any zoning district, the use of land by the town or its agents to support the construction, repair, replacement, renovation, remodel, rehabilitation and maintenance of town owned, leased, operated or maintained facilities, which include, but are not limited to buildings, streets, utilities, beach accesses, multi-use paths and canals, for a temporary period which reasonably corresponds to the duration of the project.

(5)

Temporary family health care structures.

a.

The following definitions apply in this section:

1.

Activities of daily living—Bathing, dressing, personal hygiene, ambulation or locomotion, transferring, toileting, and eating.

2.

Caregiver—An individual 18 years of age or older who (i) provides care for a mentally or physically impaired person and (ii) is a first- or second-degree relative of the mentally or physically impaired person for whom the individual is caring.

3.

First- or second-degree relative—A spouse, lineal ascendant, lineal descendant, sibling, uncle, aunt, nephew, or niece and includes half, step, and in-law relationships.

4.

Mentally or physically impaired person—A person who is a resident of this State and who requires assistance with two or more activities of daily living as certified in writing by a physician licensed to practice in this State.

5.

Temporary family health care structure—A transportable residential structure providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square feet, and (iv) complies with applicable provisions of the State Building Code and G.S. 143-139.1(b). Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.

b.

The town shall consider a temporary family health care structure used by a caregiver in providing care for a mentally or physically impaired person on property owned or occupied by the caregiver as the caregiver's residence as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings.

c.

The town shall consider a temporary family health care structure used by an individual who is the named legal guardian of the mentally or physically impaired person a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings in accordance with this section if the temporary family health care structure is placed on the property of the residence of the individual and is used to provide care for the mentally or physically impaired person.

d.

Only one temporary family health care structure shall be allowed on a lot or parcel of land. The temporary family health care structures under subsections (b) and (c) of this section shall not require a special use permit or be subjected to any other local zoning requirements beyond those imposed upon other authorized accessory use structures, except otherwise provided in this section. Such temporary family health care structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure.

e.

Any person proposing to install a temporary family health care structure shall first obtain a permit from the town. The fee shall be $100.00 for the initial permit with an annual renewal fee of $50.00. The town may not withhold a permit if the applicant provides sufficient proof of compliance with this section. The applicant shall provide evidence of compliance with this section on an annual basis as long as the temporary family health care structure remains on the property. The evidence may involve the inspection by the town of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation and annual renewal of the doctor's certification.

f.

Notwithstanding subsection (i) of this section, any temporary family health care structure installed under this section shall connect to any water, sewer (including septic system or other wastewater treatment), and electric utilities serving the property and shall comply with all applicable state law, local ordinances, and other requirements, including article 11 of G.S. ch. 160D, as if the temporary family health care structure were permanent real property.

g.

No signage advertising or otherwise promoting the existence of the temporary health care structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property.

h.

Any temporary family health care structure installed pursuant to this section shall be removed within 60 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. If the temporary family health care structure is needed for another mentally or physically impaired person, the temporary family health care structure may continue to be used or may be reinstated on the property within 60 days of its removal, as applicable.

i.

The town may revoke the permit granted pursuant to subsection (e) of this section if the permit holder violates any provision of this section or G.S. 160A-202. The Town may seek injunctive relief or other appropriate actions or proceedings to ensure compliance with this section or G.S. 160A-202.

(Code 1988, § 11-6.06; Ord. No. 05-04-04, art. III, 5-3-2005; Ord. No. 2013-09-01, art. III, 9-3-2013; Ord. No. 2021-07-04, art. III, pt. I, 7-6-2021)

Due to the limited amount of land available within the zoned areas of the town for major thoroughfare rights-of-way and the traffic hazard involved in frequent entrances and exits from a major thoroughfare, it is the intent of this section to keep driveways and street intersections along main thoroughfares to a minimum. In any district established by this chapter where a corner lot abutting U.S. Highway 158, NC 12, or Dogwood Trail (east and north-south), also abuts any other dedicated public right-of-way, such right-of-way shall be used for access, rather than the major thoroughfare, unless an access way cannot be established due to topography, waterways, nonnegotiable grades or other similar conditions.

(Code 1988, § 11-6.07; Ord. No. 06-08-03, art. III, 10-3-2006)

All electrical, telephone and TV distribution lines and all conduits used for the distribution of such signals, located within the town, shall be placed underground from the point of separation from the transmission or trunk line to the structure of the ultimate user. Existing distribution lines that are in place overhead on the effective date of this regulation may be extended only if placed underground. Transformers and enclosures containing switches, meters, capacitors, etc., may be pad mounted as an exception to the aforementioned.

(Code 1988, § 11-6.08; Ord. No. 2011-04-01, art. III, pt. II, 4-5-2011)

Subject to the requirements of G.S. 160D-1110(e), if applicable, in all town zoning districts, no grading, filling, or other alteration of the topography or elevation of any unimproved lot, or demolition and clearing of improved property, nor any manmade change to any improved real estate resulting in the discharge of stormwater onto adjacent property and requiring a building permit, shall be undertaken prior to the issuance of a lot disturbance-stormwater management permit by the zoning administrator.

(1)

All applications for lot disturbance and stormwater management shall be accompanied by a survey and site plan of the proposed improvements prepared by a state licensed professional surveyor, engineer, architect or other person duly authorized by the state to prepare such plans showing the actual dimensions and shape of the lot, and showing the surveyed pre-disturbance ground elevation at the corners of the proposed structure referenced to mean sea level. The application shall also describe the disturbance or development activity which is proposed for the lot. The application and accompanying survey shall be sufficiently detailed for the zoning administrator to confirm that following construction of the proposed improvements the property will retain all stormwater generated by a one and one-half inch rain event and will not adversely affect any stormwater management system previously constructed by the town or on adjacent properties. No fill material may be re-distributed or placed on a lot in the rear or side setback areas unless the final horizontal-to-vertical slope is equal to or less than 3:1. This shall be calculated from the finished final grade to the rear and side property lines. The burden shall be on the applicant to make such a showing, and the zoning administrator, in his discretion, may request reasonable additional information to make a decision on the application.

(2)

Upon inspection, the zoning administrator shall confirm that the survey detail submitted conforms generally to the pre-disturbance condition of the lot with respect to its elevations, and that the proposed disturbance activity will not create any hazards or disturb land or lots other than that owned by the applicant or his agent. The zoning administrator shall make such notation or comments on the permit as needed to further establish the pre-disturbance topography and elevation of the lot for later use in determining the permitted height of any structures subsequently constructed on said lot. The zoning administrator may modify an existing lot disturbance and stormwater management permit requirement during the construction process.

(3)

The zoning administrator is hereby authorized to include requirements in the permit which minimize the disturbance or damage of any adjacent lots or land, including any reasonable conditions meeting current best management practices for retaining all stormwater generated by a one and one-half inch rain event. All required stormwater improvements shall be maintained in a manner that ensures that the improvements will continue to satisfy all applicable requirements in the issued permit. When required by the zoning administrator, a certification executed by the person duly authorized by the state to prepare such plans attesting to compliance with all applicable stormwater requirements shall be shown on the survey.

(4)

In addition to the provisions above, in the general commercial district, no removal of trees greater than six inches in diameter, measured at four and one-half feet above the ground, within a front, side or rear yard (setback) on any unimproved lot, shall be undertaken prior to the issuance of a lot disturbance-stormwater management permit by the zoning administrator.

a.

It shall be an offense for any person to remove a tree in violation of the provisions of this section. It shall be an offense for a property owner to employ, authorize or direct any third person or entity to remove a tree in violation of the provisions of this section.

b.

A separate offense shall be deemed to have been committed for each tree removed in violation of the provisions of this section.

c.

When a tree is removed in violation of this section, a warning citation shall be issued to the offender allowing 30 days to abate the violation. A replacement tree similar in size shall be required to abate the violation. If the violation is not abated within 30 days, the offender shall be subject to a civil penalty in accordance with town code section 1-6(d).

d.

Tree emergency exception.

1.

A tree emergency shall be deemed to exist when:

i.

A tree has become an imminent danger or hazard to persons or property due to damage to the tree resulting from fire, motor vehicle accident, or natural occurrence such as lightning, windstorm, ice storm, flood, insect damage or disease, or other similar event; or

ii.

A tree must be removed in order to perform emergency repair or replacement of public or private water, sewer, electric, gas, or telecommunications utilities.

2.

In the case of a tree emergency, the zoning administrator is hereby authorized to:

i.

Issue a lot disturbance-stormwater management permit within 72 hours after a tree is removed in a tree emergency; or

ii.

Waive the requirement for a lot disturbance-stormwater management permit set forth in this section.

3.

Notwithstanding any other provisions, a person otherwise required to obtain a lot disturbance-stormwater management permit may take any reasonable action necessary to avoid or eliminate the immediate danger or hazard, or conduct emergency repair or replacement of the public or private utility. The person taking such action shall file an application for a lot disturbance-stormwater management permit within 72 hours after a tree is removed in a tree emergency, unless the requirement for a lot disturbance-stormwater management permit has been waived by the zoning administrator.

4.

In these instances, documentation of the need for the emergency tree removal must be provided. Such documentation may include (as applicable):

i.

Documentation from a certified arborist;

ii.

Police report;

iii.

Photographs; and/or

iv.

Other information documenting the condition of the tree and circumstances surrounding its removal.

(Code 1988, § 11-6.09; Ord. No. 2006-09-02, art. V(6.09), 11-28-2006; Ord. No. 2011-01-01, art. VIII, pt. VI, 1-4-2011; Ord. No. 2012-04-02, art. III, pt. I, 4-3-2012; Ord. No. 2018-01-01, art. III, pt. I, 1-9-2018; Ord. No. 2019-11-01, art. III, pt. II, 11-6-2019; Ord. No. 2024-04-01, art. III, pt. I, 3-18-2024; Ord. No. 2024-12-01, art. III, pt. I, 12-3-2024)

(a)

Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community, and on the findings incorporated in the cases City of Renton v.Playtime Theaters, Inc., 475 US 41 (1986); Young v.American Mini Theaters, US 50 (1976); and Barnes v.Glenn Theater, Inc., 501 US 560 (1991); and on studies in other communities including, but not limited to, Phoenix, Arizona; Tucson, Arizona; Saint Paul, Minnesota; Houston, Texas; Austin, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; and also on findings from the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), a Report on the Regulation of Adult Establishments in North Carolina (May 22, 1996), and findings from the 1997 Town of Southern Shores Land Use Plan questionnaire dealing with sexually oriented businesses, the council finds:

(1)

According to the studies referenced above, sexually oriented businesses tend to lend themselves to ancillary unlawful and unhealthy activities that are uncontrolled by the operators of the establishments. Further, without a reasonable regulation there is no mechanism to make owners of these establishments responsible for the activities that occur on their premises.

(2)

Sexually oriented businesses provide a potential focus for illicit and undesirable activities by providing a place of contact for numerous potential customers for prostitution, pandering and other activities.

(3)

In combination with on-site or nearby alcoholic beverage service or other sexually oriented businesses, the concentration of uses increases the quantity of undesirable activities. There is a snowball effect of undesirable activities that feed upon and support each other.

(4)

Facilitation of illicit behavior results in the exposure of children and youth, in adjacent neighborhoods or nearby educational or religious institutions, to inappropriate models of behavior which they are unprepared to understand or respond to effectively. Where criminal activity is involved, children, women and the elderly are especially prone to victimization.

(5)

The very existence of a sexually oriented business opens to question the presence of pedestrians within that area. This unsolicited attention is intimidating to children, women alone and the elderly.

(6)

There is a strong tendency for inappropriate activities to seek nearby venues. Prostitution and other illicit activities will find lightly used and under used nearby parks, parking lots, garages, alleyways and other spaces for their activities. A sexually oriented business does not necessarily create the activity but provides a facilitating setting for supporting these activities. It provides a legitimizing reason for the presence of individuals who have illicit intent.

(7)

Sexually oriented businesses have a negative impact upon both residential and commercial property values within three blocks of the location. The preponderance of research suggests that the presence of sexually oriented businesses is considered by real estate appraisers and lenders to be evidence of community decline and decay. Other research indicates that areas with sexually oriented businesses experience lower rates of appreciation in property values and/or higher turnover in properties in comparison to comparable areas without sexually oriented businesses. Crime rates are significantly higher in areas with one or more sexually oriented businesses than in comparable areas without these businesses within the same municipality. (See American Center for Law and Justice on the Secondary Impacts of Sexually Oriented Businesses.)

(8)

Certain employees of sexually oriented businesses, defined as adult theaters and adult cabarets, may engage in a higher incidence of certain types of illicit sexual behavior than employees of other commercial establishments.

(9)

Sexual acts, including masturbation and oral and anal sex, occur at sexually oriented businesses, especially those that provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows.

(10)

Persons frequent such adult theaters, adult cabarets and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.

(11)

At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses including, but not limited to: syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections, and shigella infections.

(12)

Sanitary conditions in some sexually oriented businesses are unhealthy because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

(13)

The 1997 Southern Shores Land Use Plan Update included a series of questions posed to town residents and property owners regarding their perception of town attributes and services and the direction of the town's development. A specific question dealt with aspects of adult entertainment establishments, and the sketch land use plan update concluded:

"Respondents strongly agreed that the presence of adult entertainment establishments would adversely affect residential property values (84.3 percent of the 92.4 percent responding) and adversely affect nearby commercial establishments and businesses (77.6 percent of the 91.3 percent responding). Respondents also strongly agreed that adult entertainment establishments would negatively influence their decision to buy a home or vacation in Southern Shores (76.3 percent of the 91.7 percent responding). The respondents strongly disagreed with the statement that adult entertainment establishments would enhance the vacation resort attraction of Southern Shores for vacationing families (71 percent of the 91.8 percent responding)." (See Southern Shores Planning Board Report of June 4, 1999.)

(14)

The town's total land area is one mile wide by four miles long with only 2.9 percent of the land area zoned for commercial use. The rest of the town is encumbered by restrictive covenants. The only commercial district runs along the town's southern border on Route 158, the major access route to the Outer Banks for tourists and residents.

(15)

In September 1999, the town reported a population of 1,923 fulltime residents. The majority of these are retired persons and this trend is expected to continue into future populations. According to the 1997 CAMA sketch land use plan update, almost one-quarter of the population of the county in 1995 was 55 years of age or older.

(16)

The town was first conceived and designed as a planned residential community, and that concept was supported further in 1979 when the town was incorporated. Throughout its 52-year history, it has valued its family residential character. In its most recent referendum, a liquor by the drink proposal was defeated by the electorate, preferring instead its family residential goals to increased commercialism.

(17)

The town never has been, and never is expected to be, a self-sufficient community. Residents of the town consistently and on a daily basis leave the town to procure goods and services and to conduct routine business. (Refer to Southern Shores Planning Board Report of June 4, 1999.) Residents must travel to other communities for automotive sales and service, bars and grills, bookstores and libraries, boat and marina sales and supplies, business supplies and equipment, home furnishings and decorating supplies or services, building supplies, hardware stores, electronic equipment sales and services, employment agencies, home appliances and repairs, liquor stores, specialty foods, sports and recreational equipment and services, comprehensive health care, hospitals, and funeral services, among others.

(18)

Any First Amendment rights of citizens or visitors to the town to sexually oriented entertainment can readily be met in nearby communities. Provision for the establishment of sexually oriented businesses has been made approximately eight miles south of Southern Shores by the towns of Kill Devil Hills and Nags Head. An adult entertainment business currently operates in Currituck County about 3¼ miles from the town's western border.

(19)

A public hearing was held jointly by the town council and planning board on Monday, August 16, 1999, to allow the general public an opportunity to express opinions on sexually oriented businesses. The consensus held that sexually oriented businesses would negatively impact life styles and moral values if permitted in the town.

(b)

Sexually oriented business prohibited. Based upon the input from the public hearings, studies recited in the findings and the findings in subsection (a) of this section, all sexually oriented businesses, as defined in section 36-57, are prohibited.

(Code 1988, § 11-6.10)

(a)

Intent. The intent of this article is to provide adequate separation and buffering between incompatible land uses, enhance the visual image of the town and promote public health, welfare and safety by:

(1)

Reducing noise pollution, air pollution and artificial light glare within the town.

(2)

Providing cooling shade, oxygen, and filtering of the town's air.

(3)

Providing for the conservation of water resources through the efficient use of water, appropriate use of plant materials, and regular maintenance of landscaped areas.

(4)

Preserving the positive visual character of the town by enhancing well-designed structures.

(5)

Increasing compatibility between abutting land uses and public rights-of-way by providing landscaping screening and buffers.

This section establishes requirements for buffers between commercial zones and residential zones and for all special uses. It also establishes requirements for landscaping on all sites other than one- and two-family dwelling units. Sites undergoing redevelopment shall be required to comply with this article.

(b)

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

(1)

Fence is as conventionally known except that the outside surface of the fence facing the adjacent property shall be the finished surface. The fence shall be coordinated with the finishes of other construction facilities on the site. For the purposes of this section, fence does not include chainlink fences with opaque inserts or split rail fences.

(2)

Height is measured from the proposed average ground surface elevation immediately adjacent to the buffer.

(3)

Opaque excludes all visual contact screened by the buffer between the commercial site interior to the buffer and the abutting lands except that the lowest one foot of height may allow visual contact. The opaque portion of a buffer shall be opaque year round.

(4)

Redevelopment includes any change of use or site plan amendment requiring approval by the town.

(5)

Soil berm is constructed of clean, suitable, native or borrowed soil material. The finished slopes shall not exceed 1:3 (rise:run).

(c)

Buffers. Where a commercial use or zone abuts a residential zone, or where a special use is planned in a residential zone, a buffer of dense vegetative planting or natural vegetation is required. The buffer area shall be a mixture of various trees and shrubs with a minimum width of 20 feet with two staggered rows of planting material placed ten feet on centers that are a minimum of three feet in height when installed and are expected to achieve a height of six feet within three years. Suitable plant types shall be those recommended for the coastal area, by the department of agriculture, which can be expected to reach a mature growth of eight to ten feet. The vegetation plan shall be approved by the town council. Buffers to be permitted in the town shall consist of berms, fencing and/or vegetation.

(1)

There shall be three types of buffers:

a.

Type A buffer: An opaque, vegetative buffer of a minimum width of 20 feet that will reach a height of six feet in three years. The buffer may include a stabilized soil berm not more than 50 percent of the required height.

b.

Type B buffer: An opaque buffer consisting of a fence screened on the outside by vegetation. The top of the fence shall have a height of not less than six feet. The buffer minimum width shall be ten feet. The buffer may include a stabilized soil berm not more than 50 percent of the required height. The screening vegetation shall be a minimum of 50 percent opaque and shall reach a height of six feet in three years.

c.

Type C buffer: A 50 percent opaque vegetation screening buffer of a minimum width of five feet that will reach a height of three feet in two years. The buffer may include a stabilized soil berm as part of, or all of, the required height. The buffer shall include evergreen trees planted not more than 20 feet on centers and these trees shall reach a height of six feet in three years. A list of acceptable plant species for each buffer type shall be established and maintained by the planning board.

(2)

The buffers required by this section shall conform to type A or type B where a commercial zone abuts a residential zone. Type C buffers are required along site perimeters abutting public or private rights-of-way. Buffering requirements in special uses shall be determined on a case-by-case basis as part of the landscaping plan.

(3)

Unless specified otherwise in the various district regulations, buffers within the commercial zones and abutting residential zones shall not interfere with access and use of public utility facilities.

(4)

Buffer details, including vegetation type and size and fence details, shall be submitted as part of the site plan for planning board review and for approval by the town council. Plants shall be selected for the hardiness, growth potential and suitability to the particular site. Plants should be drought- and salt-tolerant or provisions shall be made for irrigation.

(5)

Aboveground structures, accessory to the principal use of the site including, but not limited to, dumpsters, dumpster screens, sheds, parking and driveways, shall not be located in the buffer, except for access where such driveways may transverse the buffers, where such driveways have been reviewed by the planning board and approved by the town council.

(6)

Buffer design and construction shall include provisions necessary for maintaining the buffer or removal and replacement of elements of the buffer.

(7)

Where off-street parking is provided between the building line and the street right-of-way line or any business use, a buffer strip of at least five feet in width shall be provided.

(d)

Landscaping. Landscaping plans of the intended development shall be submitted and approved prior to the preliminary landscaping plan and shall be submitted to the planning board not later than 14 days from its next meeting.

(1)

Preliminary landscape plan. A preliminary landscape plan shall be submitted as part of an application for land use entitlement, for new development, and for the significant expansion or redevelopment of the existing use as determined by the code enforcement officer.

(2)

Final landscape plan. A final landscape plan shall be submitted as part of the application for a building permit.

Preliminary landscape plans and final landscape plans shall contain information specified in the instructions provided by the town and will be approved by the planning board and the town council.

(e)

Maintenance.

(1)

Buffers shall be maintained to meet the criteria of this section. Maintenance of buffers is a continuing condition of the site plan approval and a condition of compliance therewith and occupancy thereof.

(2)

Landscaped areas shall be maintained in a healthful and sound condition at all times. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this section. Regular maintenance shall include checking, adjusting and repairing irrigation equipment; resetting automatic controllers; aerating and dethatching turf areas; adding/replenishing mulch, fertilizer and soil amendments; pruning; and weeding all landscaped areas.

(Code 1988, § 11-6.11; Ord. No. 02-09-022, pt. I, 9-3-2002; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022)

Any aboveground appurtenances, facilities or structures (except buildings which are occupied and governed by other provisions of this chapter), constructed as a part of a natural gas utilities system within the town for the production, transmission, distribution and sale of gas, shall be screened with vegetative buffers as follows:

(1)

All appurtenances, facilities or structures shall not be visible from ground level to a point eight feet above ground level.

(2)

Buffers shall consist of trees or shrubs as described in section 36-173(c)(1).

(3)

Plants shall be of a size and planted at such intervals that they will reach full maturity and/or provide the full screening required herein within three years from the date of the completion of construction of such appurtenance, facility or structure.

(4)

The franchisee for such natural gas utility system shall keep, replace and maintain the vegetative buffer required herein such that at all times, the vegetation is alive and, after the first three years, the full eight foot buffer is at all times in place.

(5)

Failure to comply with the terms of this section allows, in addition to any other remedies available under the provisions of this Code, the town to plant or replace such vegetative buffer to comply with the terms of this section, with all costs thereof being charged to the franchise.

(Code 1988, § 11-6.12; Ord. No. 05-05-02, art. III, 6-24-2005)

(a)

Definitions. The following definitions shall apply to all portions of the town Code relating to the use or construction of any portion of a wireless telecommunications site within the town.

(1)

Antenna: Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.

(2)

Applicable codes: The North Carolina State Building Code and any other uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization together with state or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.

(3)

Application: A request that is submitted by an applicant to a city for a permit to collocate wireless facilities or to approve the installation, modification, or replacement of a utility pole, city utility pole, or wireless support structure.

(4)

Base station: A station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics.

(5)

Building permit: An official administrative authorization issued by the town prior to beginning construction consistent with the provisions of G.S. 160A-417.

(6)

City rights-of-way: A rights-of-way owned, leased, or operated by a city, including any public street or alley that is not a part of the state highway system.

(7)

City utility pole: A pole owned by a city in the city rights-of-way that provides lighting, traffic control, or a similar function.

(8)

Collocation: The placement, installation, maintenance, modification, operation, or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, city utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term "collocation" does not include the installation of new utility poles, city utility poles, or wireless support structures.

(9)

Communications facility: The set of equipment and network components, including wires and cables and associated facilities used by a communications service provider to provide communications service.

(10)

Communications service: Cable service as defined in 47 U.S.C. § 522(6), information service as defined in 47 U.S.C. § 153(24), telecommunications service as defined in 47 U.S.C. § 153(53), or wireless services.

(11)

Communications service provider: A cable operator as defined in 47 U.S.C. § 522(5); a provider of information service, as defined in 47 U.S.C. § 153(24); a telecommunications carrier, as defined in 47 U.S.C. § 153(51); or a wireless provider.

(12)

Eligible facilities request: A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.

(13)

Equipment compound: An area surrounding or near the base of a wireless support structure within which a wireless facility is located.

(14)

Fall zone: The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.

(15)

Geographic antenna coverage area: The general vicinity within which an antenna serves the transmission requirements of a cellular or other broadcasting network.

(16)

Land development regulation: Any ordinance enacted pursuant to G.S. ch. 160A, art. 19, pt. 3E.

(17)

Micro wireless facility: A small wireless facility that is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.

(18)

Monopole: A slender self-supporting telecommunications tower consisting of a single pole.

(19)

Search ring: The area within which a wireless support facility or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.

(20)

Small wireless facility: A wireless facility that meets both of the following qualifications:

a.

Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit within an enclosure of no more than six cubic feet.

b.

All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet. For purposes of this sub subdivision, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, or other support structures.

(21)

Stealth structure: A wireless support structure designed to look like or incorporated within a structure which has a primary purpose as something other than a wireless support structure or is otherwise designed in a manner in which all wireless facilities attached to the structure are concealed from view, including, but not limited to trees, flag poles, slick sticks (flag poles without flags), clock towers, bell towers or church steeples.

(22)

Substantial modification: The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the criteria listed below. The burden is on the local government to demonstrate that a mounting that does not meet the listed criteria constitutes a substantial change to the physical dimensions of the wireless support structure.

a.

Increasing the existing vertical height of the structure by the greater of (i) more than ten percent or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.

b.

Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than 20 feet or (ii) more than the width of the wireless support structure at the level of the appurtenance.

c.

Increasing the square footage of the existing equipment compound by more than 2,500 square feet.

(23)

Telecommunications accessory equipment structure: A building or cabinet-like structure located adjacent to, or in the immediate vicinity of a wireless support structure or antenna to house equipment incidental to the receiving or transmitting of wireless broadcasts, cellular telephone calls, voice messaging and paging services.

(24)

Tower, short telecommunications: A telecommunications tower with a height that is less than 70 feet.

(25)

Tower, tall telecommunications: A telecommunications tower with a height that is 70 feet tall or greater up to a height of 195 feet tall.

(26)

Tower, telecommunication: A freestanding wireless support structure, including stealth structures which are not incorporated within another type of structure, which are intended to support one or more wireless facilities.

(27)

Utility pole: A structure that is designed for and used to carry lines, cables, wires, lighting facilities, or small wireless facilities for telephone, cable television, electricity, lighting, or wireless services.

(28)

Water tower: A water storage tank, a standpipe, or an elevated tank situated on a support structure originally constructed for use as a reservoir or facility to store or deliver water.

(29)

Wireless facility: Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless communications and (ii) radio transceivers, antennas, wires, coaxial or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term shall not include any of the following:

a.

The structure or improvements on, under, within, or adjacent to which the equipment is collocated.

b.

Wireline backhaul facilities.

c.

Coaxial or fiber optic cable that is between wireless structures or utility poles or city utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

(30)

Wireless infrastructure provider: Any person with a certificate to provide telecommunications service in the state who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures for small wireless facilities but that does not provide wireless services.

(31)

Wireless provider: A wireless infrastructure provider or a wireless services provider.

(32)

Wireless services: Any services, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using wireless facilities.

(33)

Wireless services provider: A person who provides wireless services.

(34)

Wireless support structure: A new or existing structure, such as a monopole, lattice tower, or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole or a city utility pole is not a wireless support structure.

(35)

Wireless telecommunications site: The combination of all of the materials and equipment on a site used to provide wireless telecommunications service including, but not limited to, any wireless support structures, telecommunications towers, wireless facilities, antennae, ground based communications equipment, telecommunications accessory equipment structures and equipment compounds.

(b)

Requirements for wireless telecommunications sites, new wireless support structures or substantial modification of wireless support structures. All wireless telecommunications sites, new wireless support structures or substantial modification of wireless support structures located within the town must comply with all of the following requirements:

(1)

Safety standards. All proposed telecommunication towers, new wireless support structures or substantial modification of wireless support structures and wireless facilities shall comply with all applicable federal, state and local laws including specifically the following:

(a)

Federal Communications Commission standards, rules and regulations;

(b)

Federal Aviation Administration standards, rules and regulations;

(c)

N.C.G.S. 160-400.50 et seq.;

(d)

The North Carolina Building Code;

(e)

Accepted industry standards for wind loading, base stabilization and other critical engineering characteristics as defined by American National Standards Institute (ANSI), Telecommunications Industry Association (TIA) and Electronic Industry Alliance (EIA) 222-G or its successors.

(2)

Use guidelines and dimensional requirements.

(a)

Permissible uses. Wireless telecommunications sites and facilities shall only be permitted as follows:

1.

As an accessory use to an existing primary use that is not a dwelling.

2.

As a collocation of wireless facilities upon an existing permitted wireless telecommunications site.

(b)

Collocation.

1.

Collocation of new antennas, wireless facilities and other equipment on an existing wireless support structure or structures within the applicant's search ring shall be required whenever reasonably feasible. Collocation is not reasonably feasible if an applicant can show it is technically or commercially impractical for the applicant to collocate or if the owners of all of the telecommunication towers within the applicant's search ring where collocation would be technically practical are unwilling to enter into a contract for such use at fair market value.

2.

Short telecommunications towers including the structure and fenced compound shall be designed to accommodate the wireless facilities of at least one provider plus space for emergency communication antennas used by the town's police and fire service provider.

3.

Tall telecommunications towers including the structure and fenced compound shall be designed to accommodate collocation of the wireless facilities of at least three providers plus space for emergency communication antennas used by the town's police and fire service provider.

(c)

Location.

1.

Tall telecommunications towers shall not be located within one-half mile of any other tall telecommunications tower or within 250 feet of any other wireless support structure located within the expected geographic antenna coverage area of the proposed telecommunication tower.

2.

Short telecommunications towers and stealth structures incorporated within another structure shall not be located within 250 feet of any other wireless support structure located within the expected geographic antenna coverage area of the proposed wireless support structure unless the applicant can show that locating the structure within the prescribed distance is necessary to insure adequate coverage and capacity. In the case of a stealth structure incorporated within another structure, the town council may reduce or disregard the distance requirement stated herein.

(d)

Height. The height of a wireless support structure includes any attached or proposed to be attached wireless facilities and shall be measured vertically from the pre-disturbance ground level at the center of the structure. The height shall not include emergency communications antennas or lightning rod(s) attached to the structure.

1.

In no case shall a wireless support structure of any kind or any attached wireless facilities exceed 195 feet in height.

2.

The height of tall telecommunications towers shall not exceed 195 feet.

3.

The height of short telecommunications towers shall not exceed 70 feet.

4.

The height of stealth structures incorporated within or upon an otherwise permitted structure shall not exceed the height allowed for the structure.

5.

The height of stealth structures designed to look like another structure or naturally occurring thing, i.e. a tree, shall not unreasonably exceed the height allowed for the type of structure or the typical thing they are designed to look like. The reasonableness of excess height shall be considered on an application by application basis and shall take into account the totality of the circumstances including specifically, the height needed to provide communications services and the wireless support structure's visual consistency with the area in which it will be located.

6.

In no case shall a wireless support structure of any kind or any attached wireless facilities exceed the minimum height necessary to accomplish the purpose it is proposed to serve. Notwithstanding the foregoing, when measuring the height of a wireless support structure, the purpose of the structure may include maximizing the ability for collocations upon the structure and shall include ensuring that the structure is capable of supporting at least the minimum number of collocations required by this ordinance.

(e)

Permitted structures. Stand alone wireless support structures and pole-like stealth structures shall be monopoles. Stealth structures designed to look like other structures or naturally occurring things, i.e. a tree, or that are incorporated within or upon any existing or permitted structure are allowed if otherwise consistent with this ordinance. Wireless support structures using other designs, including, but not limited to guyed towers and lattice type towers shall not be permitted.

(f)

Setbacks.

1.

Unless otherwise provided by this ordinance, the dimensions of the entire lot shall be used to determine if a wireless telecommunications site meets the dimensional and setback requirements of this section. An existing use or structure on the same lot shall not preclude locating a wireless telecommunications site on a lot so long as compliance with subsection 36-175(2)(a) is maintained.

2.

The base of a wireless support structure shall be at located at least one foot from the nearest property line for every one foot of proposed height. In the case of stand alone stealth structures only, the town council may in its discretion consider publicly maintained roadways as providing additional property for calculation of set backs and/or reduce the setback requirement from this 1:1 setback ratio to a setback of one-third of the height of the proposed structure. The 1:1 setback requirement may only be reduced to one-third of the height of the proposed structure when a North Carolina registered professional engineer certifies that the wireless support structure's fall zone is equal to or less than the setback requested and that the structure is designed to collapse within the setback requested provided any or all of the following are also shown by the applicant:

i.

No dwelling unit is located or can be constructed within the fall zone of the wireless support structure; or

ii.

Where a dwelling unit is located or can be constructed within the fall zone of the wireless support structure, all property owners within the fall zone have agreed in writing or through sworn testimony that they are willing to accept the risks of the reduced setback.

3.

When stealth structures are incorporated within or upon an existing or otherwise permitted structure, the setbacks associated with the structure shall apply.

4.

Telecommunications accessory equipment structures, any equipment compounds and any other structures shall be set back a minimum of 50 feet from all property lines and rights-of-way. Where visual impact and public safety concerns will not be affected, the town council may reduce the setback to no less than 15 feet.

(g)

General aesthetics.

1.

Telecommunication towers, wireless facilities, accessory equipment structures and equipment compounds shall be constructed and maintained to minimize visual obtrusiveness in color and finish. Stealth structures shall be consistent with the overall appearance of the town and of the area of town in which they are located.

2.

Accessory equipment structures, equipment compounds and related structures at telecommunication tower sites shall be of such design, materials and colors to blend with surrounding structures.

3.

Outdoor storage of equipment or related items shall be prohibited at all wireless telecommunication sites.

4.

Electrical and telephone lines serving a wireless telecommunication site shall be installed underground from the point of existing service.

5.

Sound emissions, such as alarm bells, buzzers and the like, shall not be permitted. Nothing contained herein shall prohibit the reasonable use of emergency generators at wireless telecommunications sites.

(h)

Fencing. All telecommunication towers, their accessory equipment structures and equipment compounds shall be enclosed by chain link fencing and/or wall, not less than six feet nor more than ten feet in height. Such fences may be equipped with anti-climbing devices. The gate into the fenced area shall be located so that it is not easily visible from a street or adjacent property.

(i)

Screening/landscaping and buffers.

1.

The base of a wireless support structure, to a minimum height of ten feet above average grade at the tower base, shall not be visible from any publicly owned or maintained roadway.

2.

Screening is required along all exterior sides of the fence described above excluding the gate. Screening shall be a minimum width of ten feet with two staggered rows of planting material placed ten feet on center, that are a minimum of five feet in height when planted, and that are expected to reach a height of eight feet within three years. Suitable plant types shall be those recommended by the U.S. Department of Agriculture to achieve a mature growth height of eight to ten feet in the coastal area. The town council may waive or modify this requirement where existing trees, vegetation and/or structures provide suitable screening and buffering.

(j)

Lighting.

1.

Telecommunication towers shall be lighted only if specifically required by the Federal Aviation Administration, in which case, Federal Aviation Administration minimum lighting requirements shall be applied.

2.

When lighting is required by the Federal Aviation Administration, strobe lights shall be avoided unless specified by Federal Aviation Administration. When strobe lights are required on telecommunication towers, a dual lighting system of white strobes for daytime lighting and a red flashing light atop the tower for nighttime lighting shall be used unless other lighting is specifically required by the Federal Aviation Administration, the U.S. Fish and Wildlife Service or any state or federal agency having regulatory authority over the applicant.

3.

Except for lighting described in 2. above, all lighting at a wireless telecommunications site shall be shielded and shall comply with the provisions for outdoor lighting contained in section 36-166.

(k)

Signage. Wireless telecommunication sites shall not display signage, logos symbols or any messages of a commercial or non-commercial nature except for legal notices, identifications, directional and informational signs erected or required by governmental bodies, public utilities or civic associations with the approval of town council;. A sign, not visible from a public right-of-way or adjacent residences, shall be posted on the fence gate identifying the current owner of the tower, emergency contact person or agency, and applicable contact numbers. This provision shall not preclude the applicant from posting any additional signage required by federal or state law.

(c)

Collocation and eligible facilities requests of wireless support structures.

(1)

The town may not deny and shall approve any eligible facilities request as provided in this section.

(2)

No application or approval is required for routine maintenance and this section shall not be construed to limit the performance of routine maintenance on wireless support structures and facilities, including in-kind replacement of wireless facilities. Routine maintenance includes activities associated with regular and general upkeep of transmission equipment, including the replacement of existing wireless facilities with facilities of the same size.

(3)

For all collocations and eligible facilities request, an application is required.

(4)

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

(5)

The town shall issue a written decision approving an eligible facilities request application within 45 days of such application being deemed complete. For a collocation application that is not an eligible facilities request, the town shall issue its written decision to approve or deny the application within 45 days of the application being deemed complete.

(6)

The town may impose a fee not to exceed $1,000.00 for technical consultation and the review of a collocation or eligible facilities request application. The fee must be based on the actual, direct, and reasonable administrative costs incurred for the review, processing, and approval of a collocation application. The town may engage a third-party consultant for technical consultation and the review of a collocation application. The town may incorporate such fees into its generally adopted fee schedule. The fee imposed by the town for the review of the application may not be used for either of the following:

(a)

Travel expenses incurred in a third-party's review of a collocation application.

(b)

Reimbursement for a consultant or other third party based on a contingent fee basis or results-based arrangement.

(d)

Application requirements. Any person that proposes to construct or substantially modify a wireless telecommunications site (including construction of wireless support structures or substantial modifications of wireless support structures) or who proposes to collocate or make an eligible facilities request shall submit a completed application with the necessary copies to the town planning department. An application shall not be deemed complete until all of the following items required have been submitted:

(1)

For wireless telecommunications sites only, documentation showing the reasonable feasibility of collocating new antennas, wireless facilities and equipment on an existing structure or structures within the applicant's search ring. If an applicant contends that collocation on an existing structure is not reasonably feasible he shall submit documentation that (1) collocation is technically or commercially impractical; or (2) the owner of the telecommunication tower is unwilling to enter into a contract for such use at fair market value. At a minimum, technical documentation shall include a map of the search ring displaying all potential collocation sites and stating why each is suitable or unsuitable. Where an applicant contends that the owner or an existing wireless support structure or other feasible structure will not contract for its use for fair market value, the applicant must submit, in writing (1) a declaration from owners of all technically feasible collocation sites stating the price at which they are willing to negotiate space; (2) evidence that the applicant has tried in good faith to negotiate market value terms for the collocation at each site and (3) a licensed appraiser's certified opinion on the market value of collocation at each technically feasible collocation site.

(2)

A scaled site plan, scaled elevation view, and supporting drawings, calculations and other documentation, prepared and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements for the wireless telecommunications site including topography, wireless supports structure height requirements, setbacks, access driveways or easements, parking, fencing, landscaping, adjacent uses and any other information necessary to assess compliance with this article and compatibility with surrounding uses.

(3)

For wireless telecommunications sites only, documentation that Federal Aviation Administration's minimum lighting standards have been met for the wireless telecommunications site.

(4)

For wireless telecommunications sites only, documentation that the proposed wireless telecommunications site will comply with all applicable FCC rules and regulations.

(5)

Documentation, prepared and sealed by a professional engineer registered in North Carolina, that the proposed wireless support structure and any attached wireless facilities and antennae meet or exceed accepted industry standards for wind loading, base stabilization and other critical engineering characteristics required by this ordinance, the North Carolina Building Code and the accepted industry standards for wind loading, base stabilization and other critical engineering characteristics as defined by American National Standards Institute (ANSI), Telecommunications Industry Association (TIA) and Electronic Industry Alliance (EIA) 222-G or its successors.

(6)

Documentation, prepared and sealed by a professional engineer registered in North Carolina, that the proposed wireless support structure and any attached wireless facilities and antennas do not exceed the minimum height necessary to accomplish the purpose for which they are constructed.

(7)

For wireless telecommunications sites only, documentation, prepared and sealed by a professional engineer registered in the state, stating the number of collocations that the proposed wireless support structure is designed to accommodate once constructed.

(8)

Documentation, prepared and sealed by a professional engineer registered in the state, to demonstrate that the wireless support structure has sufficient structural integrity for its intended uses. Documentation shall include a certification that all wireless support structures and attached wireless facilities shall be capable of withstanding sustained winds of at least 135 miles per hour whether or not all of the collocations the structure has been designed to accommodate have been attached to the structure.

(9)

A copy of the lease agreement with the property owner along with copies of any easement agreements necessary for ingress, egress and use of the property.

(10)

Documentation consisting of a certificate of insurance verifying the existence of general liability insurance coverage of at least $5,000,000.00 at no cost to the town. The certificate shall contain a requirement that the insurance company notify the town 30 days prior to the cancellation, modification, or failure to renew the insurance coverage required.

(11)

For wireless telecommunications sites only, a copy of the approved National Environmental Policy Act of 1969 (NEPA) compliance report for all wireless support structures, antennas, wireless facilities, accessory structures or equipment proposed for the site, if such report is required to be produced pursuant to federal or state law.

(12)

For wireless telecommunications sites only, documentation from the town's police and fire service providers regarding the number and type of emergency communication antennas which are necessary for the wireless telecommunications site to support such communications along with a certification from a professional engineer registered in the state stating that the wireless telecommunications site is designed to support the attachment of the necessary emergency communication antennas.

(13)

For wireless telecommunications sites only, a memorandum of understanding regarding removal of abandoned structures and equipment located at the proposed wireless telecommunication site. Any wireless telecommunications site that is not operated for 180 continuous days in a 12-month period shall be considered abandoned. The owner of an abandoned wireless telecommunications site shall be responsible for the removal of all structures and equipment on the site within 90 days of receipt of such notification by the town. Failure to remove abandoned equipment will result in its removal by the town at the owner's expense. In its discretion, the town may condition approval of a permit for building of the proposed wireless support structure on the applicant providing a bond or letter of credit sufficient to allow the town to remove the proposed structure if it is abandoned and not removed within the allowed time period by the applicant.

(14)

Any other documentation necessary to ensure compliance with this section as well as applicable federal and state laws.

(e)

Review process. The town will use the following criteria in its review of an application for any wireless telecommunication site, telecommunication tower, wireless facility, antennae or accessory structure other than small wireless facilities.

1.

The proposed application meets or exceeds the standards of this section.

2.

The use will not materially endanger the public health, safety or welfare if located where proposed and developed according to the plan submitted.

3.

The required conditions, specifications, and actions described in this article have been met.

4.

The location and character of the facility will be in harmony with the area in which it is to be located.

(a)

Consultants. The town may fix and charge an application fee, consulting fee, or other fee associated with the submission, review, processing, and approval of an application to site new wireless support structures or to substantially modify wireless support structures or wireless facilities that is based on the costs of the services provided and does not exceed what is usual and customary for such services. Any charges or fees assessed by the town on account of an outside consultant shall be fixed in advance and incorporated into a permit or application fee and shall be based on the reasonable costs to be incurred by the town in connection with the regulatory review authorized under this section. The town may incorporate such fees into its generally adopted fee schedule. The town may impose additional reasonable and cost based fees for costs incurred should an applicant amend its application. On request, the amount of the consultant charges incorporated into the permit or application fee shall be separately identified and disclosed to the applicant. The fee imposed by the town for review of the application may not be used for either of the following:

(i)

Travel time or expenses, meals, or overnight accommodations incurred in the review of an application by a consultant or other third party.

(ii)

Reimbursements for a consultant or other third party based on a contingent fee basis or a results-based arrangement.

(b)

Conditions. The town council may place reasonable conditions on the issuance of a special use permit pursuant to this section regarding public safety, land use, or zoning issues, including, but not limited to, aesthetics, landscaping, land-use based location priorities, structural design, setbacks, and fall zones. The town may condition approval of an application for a new wireless support structure on the provision of documentation prior to the issuance of a building permit establishing the existence of one or more parties, including the owner of the wireless support structure, who intend to locate wireless facilities on the wireless support structure. The town shall not deny an initial land-use or zoning permit based on such documentation.

(c)

Decisions. The town shall issue a written decision approving or denying an application under this section within a reasonable period of time consistent with the issuance of other land-use permits in the case of other applications, each as measured from the time the application is deemed complete.

(f)

Annual review. Any person who holds a zoning or special use permit issued pursuant to this section shall annually submit an application for a renewal permit.

(1)

Procedure. In order for a zoning or special use permit to remain valid, a renewal permit must be issued within 365 days of the issuance of the certificate of occupancy related to the initial permit or of the date of the issuance of the previous annual renewal permit. The application for a renewal permit must be received no less than ten days prior to nor more than 30 days prior to the date a renewal permit must be issued. Upon review of the application and determination of the applicant's compliance with the annual review requirements of this section the town's code enforcement and inspections department shall issue a renewal permit for an additional 365-day period. A permit holder's renewal application packet must include all of the following:

a.

A renewal application fee in the amount set by the town.

b.

A complete renewal application presented on a form prepared and provided by the town's code enforcement and inspections department.

c.

Documentation consisting of a certificate of insurance verifying the continued existence of general liability insurance coverage meeting or exceeding the requirements of section 36-175(c)(3)j. during the time period that the renewal permit will be valid.

d.

Documentation signed and sealed by a state registered engineer indicating that all structures and equipment have remained in compliance with all local, state, and federal requirements, including, but not limited to, the requirements of this section at the time the original permit was issued and any requirements or conditions stated in the original permit.

(2)

Noncompliance. Upon a permit holder's failure to submit a timely renewal application or the permit holder's failure to otherwise comply with this section the previously issued permit and/or renewal permit shall be suspended upon reaching the date that a renewal permit must be issued. Once suspended, the permit shall remain suspended until the permit holder submits an application and a review of the application by the town's code enforcement and inspections departments determines that the permit holder has complied with the annual review requirements of this section. Upon such a showing, the town shall issue a renewal permit for an additional 365-day period. If a suspension continues for more than 30 days, the permit holder's existing permit and/or renewal permit(s) shall expire.

(g)

Validity of permits. A special use permit or zoning permit issued pursuant to this section shall expire if the improvements permitted are not completely constructed within 24 months of the date of the approval of a building permit.

(h)

Waiver or modification of requirements: If upon the review of any application submitted pursuant to this section, the town council determines that denial of a permit based on any requirement or requirements of this section as applied to the application before the town council may be contrary to federal or state law, the town council may in it sole discretion vary, modify or disregard any such requirement in a manner which complies with the relevant law. The town council may continue any public hearing on a permit application for a reasonable time to consider such a determination and it actions thereon.

(i)

Small wireless facilities. The collocation and use of small wireless facilities, including micro wireless facilities, by wireless service providers shall be governed by this section. Small wireless facilities meeting the requirements of this section are a permitted use in all town zoning districts.

(1)

Applications and permits. Applicants must obtain a permit to collocate a small wireless facility.

a.

Application requirements: The application must affirmatively show that the proposed small wireless facilities meet: (i) the town's applicable codes; (ii) town Code provisions or regulations that concern public safety, objective design standards for decorative utility poles, city utility poles, or reasonable and nondiscriminatory stealth and concealment requirements, including screening or landscaping for ground mounted equipment; (iii) public safety and reasonable spacing requirements concerning the location of ground mounted equipment in a right-of-way; or (iv) the historic preservation requirements in G.S. 160A-400.52(i).

b.

Attestation requirement: An application must include an attestation that the small wireless facilities shall be collocated on the utility pole, city utility pole, or wireless support structure and that the small wireless facilities shall be activated for use by a wireless services provider to provide service no later than one year from the permit issuance date, unless the town and the wireless provider agree to extend this period or a delay is caused by a lack of commercial power at the site.

c.

Completeness of application: A permit application shall be deemed complete unless the town provides notice otherwise in writing to the applicant within 30 days of submission or within some other mutually agreed upon time frame. The notice shall identify the deficiencies in the application which, if cured, would make the application complete. The application shall be deemed complete on resubmission if the additional materials cure the deficiencies identified.

d.

Procedure for processing: The permit application shall be processed on a nondiscriminatory basis and shall be deemed approved if the town fails to approve or deny the application within 45 days from the time the application is deemed complete or a mutually agreed upon time frame between the town and the applicant.

e.

Permit denials and resubmissions: An application may only be denied for failure to meet the requirements of this section. If an application is denied, the town must (i) document the basis for a denial, including the specific code provisions on which the denial was based and (ii) send the documentation to the applicant on or before the day the town denies an application. The applicant may cure the deficiencies identified by the town and resubmit the application within 30 days of the denial without paying an additional application fee. The town shall approve or deny the revised application within 30 days of the date on which the application was resubmitted. Any subsequent review shall be limited to the deficiencies cited in the prior denial.

f.

Consolidated applications: An applicant seeking to collocate small wireless facilities at multiple locations within the town shall be allowed at the applicant's discretion to file a consolidated application for no more than 25 separate facilities and receive a permit for the collocation of all the small wireless facilities meeting the requirements of this section. The town may remove small wireless facility collocations from a consolidated application and treat separately small wireless facility collocations (i) for which incomplete information has been provided or (ii) that are denied. The town may issue a separate permit for each collocation that is approved.

g.

Time for commencement and activation of collocation: The permit may specify that collocation of the small wireless facility shall commence within six months of approval and shall be activated for use no later than one year from the permit issuance date, unless the town and the wireless provider agree to extend this period or a delay is caused by a lack of commercial power at the site.

h.

Application fees: The town may charge an application fee that shall not exceed the lesser of (i) the actual, direct, and reasonable costs to process and review applications for collocated small wireless facilities; (ii) the amount charged by the town for permitting of any similar activity; or (iii) $100.00 per facility for the first five small wireless facilities addressed in an application, plus $50.00 for each additional small wireless facility addressed in the application. In any dispute concerning the appropriateness of a fee, the town has the burden of proving that the fee meets the requirements of this subsection.

i.

Technical consulting fees: The town may impose a technical consulting fee for each application, not to exceed $500.00, to offset the cost of reviewing and processing applications required by this section. The fee must be based on the actual, direct, and reasonable administrative costs incurred for the review, processing, and approval of an application. The town may engage an outside consultant for technical consultation and the review of an application. The fee imposed by the town for the review of the application shall not be used for either of the following:

(1)

Travel expenses incurred in the review of a collocation application by an outside consultant or other third party.

(2)

Direct payment or reimbursement for an outside consultant or other third party based on a contingent fee basis or results based arrangement.

In any dispute concerning the appropriateness of a fee, the town has the burden of proving that the fee meets the requirements of this subsection.

j.

Removal of abandoned facilities: A wireless services provider shall remove an abandoned wireless facility within 180 days of abandonment. Should the wireless services provider fail to timely remove the abandoned wireless facility, the town may cause such wireless facility to be removed and may recover the actual cost of such removal, including legal fees, if any, from the wireless services provider. For purposes of this subsection, a wireless facility shall be deemed abandoned at the earlier of the date that the wireless services provider indicates that it is abandoning such facility or the date that is 180 days after the date that such wireless facility ceases to transmit a signal, unless the wireless services provider gives the town reasonable evidence that it is diligently working to place such wireless facility back in service.

k.

Routine maintenance and replacement: No application, permit or fees are required for (i) routine maintenance; (ii) the replacement of small wireless facilities with small wireless facilities that are the same size or smaller; or (iii) installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles or city utility poles in compliance with applicable codes by or for a communications service provider authorized to occupy the city rights-of-way and who is remitting taxes under G.S. 105-164.4(a)(4c) or G.S. 105-164.4(a)(6). The town may require production of sufficient information to make the determination that no application, permit or fees are required under this section.

l.

Other permits not precluded: Nothing in this section shall prevent the town from requiring other town permits for work that involves excavation, affects traffic patterns, or obstructs vehicular traffic in the city rights-of-way.

(2)

Use of town rights-of-way. Wireless providers may use town rights-of-way in accordance with this section. Wireless providers may use department of transportation rights-of-way pursuant to lawful authorization from the department of transportation.

a.

Collocation of small wireless facilities: Subject to the requirements of subsection 36-175(i)(1), a wireless provider may collocate small wireless facilities along, across, upon, or under any town rights-of-way.

b.

Utilities and poles within rights-of-way: A wireless provider may place, maintain, modify, operate, or replace associated utility poles, city utility poles, conduit, cable, or related appurtenances and facilities along, across, upon, and under any town rights-of-way. The placement, maintenance, modification, operation, or replacement of utility poles and city utility poles associated with the collocation of small wireless facilities, along, across, upon, or under any town rights-of-way shall be subject only to review or approval under subsection 36-175(i)(1) if the wireless provider meets all the following requirements:

(1)

Each new utility pole and each modified or replacement utility pole or city utility pole installed in the rights-of-way shall not exceed 50 feet above ground level.

(2)

Each new small wireless facility in the rights-of-way shall not extend more than ten feet above the utility pole, city utility pole, or wireless support structure on which it is collocated.

c.

Application required to place or modify utility poles in rights-of-way: A wireless provider shall apply to place utility poles in the city rights-of-way, or to replace or modify utility poles or city utility poles in the public rights-of-way, to support the collocation of small wireless facilities. The town shall accept and process the application in accordance with the provisions of subsection 36-175(i)(1), applicable codes, and other local codes governing the placement of utility poles or city utility poles in the town rights-of-way, including provisions or regulations that concern public safety, objective design standards for decorative utility poles or city utility poles, or reasonable and nondiscriminatory stealth and concealment requirements, including those relating to screening or landscaping, or public safety and reasonable spacing requirements. The application may be submitted in conjunction with the associated small wireless facility application.

d.

Installation of new poles in residential zoning districts:

(1)

No new utility pole may be installed for the principal use of wireless facilities if a pole exists within 20 feet of a desired location.

(2)

The minimum distance of a new pole from any residential structure shall be at least 150 percent of the pole height and shall not be located directly in front of any residential structure or vacant lot located in a residential zoning district.

(3)

Along streets and within subdivisions where there are no existing utility poles (all underground utilities), wireless facilities may be attached to street lights in the public right-of-way.

(4)

New poles may not be erected in a residential area solely for wireless communication equipment attachment unless the applicant has demonstrated it cannot reasonably provide service by:

i.

Installing poles outside of the residential area;

ii.

Attaching equipment to existing poles within the right-of-way; or

iii.

Installing poles in rights-of-way not contiguous to parcels used for single family residential purposes.

e.

Rights-of-way use to comply with other requirements: Applicants for use of a city rights-of-way shall comply with the undergrounding requirements established in section 32-13 prohibiting the installation of above ground structures in the town's rights-of-way. In no instance in an area zoned single family residential where the existing utilities are installed underground may a utility pole, city utility pole, or wireless support structure exceed 40 feet above ground level, unless the town grants a waiver or variance approving a taller utility pole, city utility pole, or wireless support structure.

f.

Rights-of-way charges: The town may assess a rights-of-way charge for use or occupation of the rights-of-way by a wireless provider, subject to the restrictions set forth under G.S. 160A-296(a)(6). In addition, charges authorized by this section shall meet all of the following requirements:

(1)

The rights-of-way charge shall not exceed the direct and actual cost of managing the city rights-of-way and shall not be based on the wireless provider's revenue or customer counts.

(2)

The rights-of-way charge shall not exceed that imposed on other users of the rights-of-way, including publicly, cooperatively, or municipally owned utilities.

(3)

The rights-of-way charge shall be reasonable and nondiscriminatory.

The town may provide free access to town rights-of-way on a nondiscriminatory basis in order to facilitate the public benefits of the deployment of wireless services.

g.

Consent required for use of private property: No person may place, maintain, modify, operate, or replace a privately owned utility pole or wireless support structure or to collocate small wireless facilities on a privately owned utility pole, a privately owned wireless support structure, or other private property without the consent of the property owner.

h.

Damages to rights-of-way: Wireless providers shall repair all damage to a town rights-of-way directly caused by the activities of the wireless provider, while occupying, installing, repairing, or maintaining wireless facilities, wireless support structures, city utility poles, or utility poles and to return the rights-of-way to its functional equivalence before the damage. If the wireless provider fails to make the repairs required by the town within a reasonable time after written notice, the town may undertake those repairs and charge the applicable party the reasonable and documented cost of the repairs. The town may maintain an action to recover the costs of the repairs.

i.

Approval under section relates only to small wireless facility: The approval of the installation, placement, maintenance, or operation of a small wireless facility does not authorize the provision of any communications services or the installation, placement, maintenance, or operation of any communications facility, including a wireline backhaul facility, other than a small wireless facility, in the rights-of-way.

(Ord. No. 2009-08-01, pt. VII, 1-5-2010; Ord. No. 2013-07-01, art. III, pt. II, 7-16-2013; Ord. No. 2014-04-02, art. III, pt. V, 4-1-2014; Ord. No. 2018-03-01, art. III, pt. I, 3-6-2018; Ord. No. 2018-06-02, art. III, pt. I, 6-5-2018; Ord. No. 2022-04-03, art. III, pt. I, 4-5-2022; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022)

Editor's note— Ord. No. § 2018-03-01, art. III, pt. I, adopted Mar. 6, 2018, amended the title of § 36-175 from wireless telecommunications sites and towers to wireless telecommunications sites, facilities and towers.

(a)

Definitions. The following definitions shall apply to all portions of the Town Code relating to the use or construction of wind generation facilities within the town:

Applicant is the person or entity filing an application under this section.

Dwelling, single-family is a detached building designed for or occupied exclusively by one family.

Facility owner is the entity or entities having controlling or majority equity interest in the wind energy facility, including their respective successors and assigns.

Occupied building is a residence, school, hospital, church, public library or other buildings used for public gathering that is occupied or in use when the permit application is submitted.

Public road is a full passage right-of-way.

Structure is anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.

Vegetation line means the first line of stable natural vegetation, which shall be used as the reference point for measuring oceanfront setbacks. This line represents the boundary between the normal dry-sand beach, which is subject to constant flux due to waves, tides, storms and wind, and the more stable upland areas. It is generally located at, or immediately oceanward of, the seaward toe of the frontal dune and/or erosion escarpment. In areas where there is no stable natural vegetation present, this line shall be established by connecting or extending the lines from the nearest adjacent vegetation on either side of the site and by extrapolating (by either on-ground observation or by aerial photographic interpretation) to establish the line.

Wind generation facility is a single system designed to supplement other electricity sources as an accessory use to a structure, wherein the power generated is used primarily for on-site consumption. The facility may consist of a wind turbine, support structure, foundation, battery bank, and transformer. The support structure must be a self supporting monopole and may be free standing or attached to a structure.

Wind power is the conversion of wind energy into another form of energy.

Wind turbine or windmill is a wind energy conversion system that converts wind energy into electricity.

Wind turbine height is the distance measured from the lowest adjacent grade to the highest point of the structure, including any attachments, such as a turbine rotor, or tip of the turbine blade when it reaches its highest elevation.

(b)

Permit requirements.

(1)

Wind generation facilities shall only be permitted as follows:

a.

Wind generation facility as an accessory use to a structure in the RS-1, RS-8, RS-10, R-1, G&I, and C zoning districts.

(i)

No more than one free standing wind generation facility as an accessory use to a structure; or

(ii)

No more than one attached wind generation facility as an accessory use to a structure.

b.

For properties that are divided by a street or canal and are under the same ownership, the wind generation facility shall be located on the same side of the street or canal which the structure receiving power from the wind generation facility is located.

(2)

No wind generation facility shall be constructed unless a permit has been issued to the facility owner that approves construction of the facility under this article.

(3)

Any physical modification to an existing and permitted wind generation facility that materially alters the size and/or type of wind turbine or other equipment shall require a permit modification under this article. Like-kind replacements shall not require a permit modification.

(c)

Dimensional and design requirements.

(1)

Height requirements.

a.

Wind generation facilities shall observe a maximum height of 45 feet measured from the lowest adjacent grade to the highest point of the facility, including any attachments, such as a turbine rotor, or tip of the turbine blade when it reaches its highest elevation.

(2)

Setback requirements.

a.

The base of all wind generation facilities shall be located at least one foot from the nearest property line for every one foot of proposed height.

(i)

For rear setback requirements for oceanfront properties, the base of the wind generation facility shall be located at least one foot from the vegetation line for every one foot of proposed height.

(3)

Noise and vibration requirements.

a.

Noise shall be in compliance with the standards established in section 22-3 of the Town Code.

b.

No vibration shall be detectable at adjacent property lines.

(d)

Installation.

(1)

Free standing wind generation facilities shall be a self supporting monopole; and installation and design of the wind generation facility shall be site specific and conform to applicable industry standards, including those of the American National Standards Institute.

(2)

All structural, electrical, and mechanical components of the wind generation facility shall conform to relevant and applicable local, state, and national codes including the North Carolina Building Code and National Electric Code.

(3)

All wind generation facilities shall be constructed to withstand sustained winds of at least 130 miles per hour.

(4)

All wind generation facilities shall be equipped with a braking device and power disconnect to keep the rotor stationary while the turbine is being inspected and/or maintained. The braking device shall also be used for winds exceeding optimal speeds as defined by the manufacturer.

(5)

All wind generation facilities shall be constructed according to the local electric service provider's standards for power disconnect and grid connections.

(6)

The visual appearance of wind generation facilities shall at a minimum:

a.

Be finished with a neutral color (not white);

b.

Not be artificially lighted; and

c.

Not display advertising (including flags, streamers or decorative items), except for identification of the turbine manufacturer or facility owner. One identification sign which identifies the turbine manufacturer or facility owner may be attached to the wind generation facility and shall not exceed one square foot in total area at a height not to exceed six feet.

(e)

Application requirements.

(1)

An application shall not be deemed complete until all of the following required items have been submitted:

a.

A narrative describing the proposed wind generation facility, including an overview of the project;

b.

The proposed total rated capacity of the wind generation facility;

c.

Documentation signed and sealed by a North Carolina registered engineer that the wind generation facility can withstand sustained winds of at least 130 miles per hour;

d.

The proposed representative type and height of the wind turbine to be constructed; including its generating capacity, dimensions, and respective manufacturers, and a description of ancillary facilities;

e.

A site plan showing the location of all structures and properties, demonstrating compliance with the applicable setback requirements;

f.

Certification of compliance with applicable local, state, and federal regulations;

g.

Other relevant information as may be reasonably requested by the Town of Southern Shores to ensure compliance with the requirements of this section;

h.

Signature of the applicant.

(2)

Throughout the permit process, the applicant shall promptly notify the town of any proposed changes to the information contained in the permit application that would alter the project.

(3)

Changes to the approved application that do not materially alter the initial site plan may be approved administratively.

(4)

The town council may place reasonable conditions on the issuance of a special use permit pursuant to this section regarding public safety, land use, or zoning issues, including, but not limited to, aesthetics, landscaping, land-use based location priorities, structural design, setbacks, and fall zones.

(f)

Validity of permits. A special use permit issued pursuant to this section shall expire if the improvements permitted are not completely constructed within 24 months of the date of the approval of a building permit.

(Ord. No. 2011-04-01, art. III, pt. IX, 4-5-2011; Ord. No. 2012-04-01, art. III, pt. I, 4-3-2012; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022)

In the event of an emergency declaration applicable within the town's jurisdiction and issued by the United States, the State of North Carolina, or Dare County, or the Town of Southern Shores pursuant to G.S. 166A-19.22, the mayor may authorize the town manager or his designee to exercise their discretion to allow for reasonable temporary accommodations in town zoning regulations consistent with and furthering the purposes of the emergency declaration and in the interests of public health, safety and welfare, including the economic prosperity of the community. Such temporary accommodations shall not extend beyond the termination of the declaration of emergency or the end of the circumstances under the declaration causing the need for accommodations whichever is shorter. All temporary accommodations must be ceased within five days of the expiration of the temporary accommodation. The official designated to manage requests for accommodations may adopt reasonable procedures and requirements to apply for, analyze and provide temporary emergency permits for the accommodations. Temporary emergency accommodations shall not be deemed to constitute a change or modification of the underlying use of the applicable property, to affect any existing nonconforming situations on the property or to create any vested rights. Violation of the provisions of a temporary emergency accommodations permit shall constitute a zoning violation.

(Ord. No. 2020-07-01, art. III, pt. II, 7-21-2020)

(a)

Generally. A manufactured home on an individual lot shall comply with the following requirements:

(1)

It shall be occupied only as a single-family dwelling;

(2)

It shall not be used solely for the purposes of storage;

(3)

It shall be set up in accordance with the standards established by the North Carolina Department of Insurance and the most current version of the State of North Carolina Regulations for Manufactured/Mobile Homes;

(4)

It shall maintain a minimum width of 16 feet;

(5)

It shall be oriented with the longest axis parallel to the lot frontage, to the maximum extent practicable;

(6)

Towing apparatus, wheels, axles, and transporting lights shall be removed;

(7)

With the exception of temporary health care structures, it shall include a continuous, permanent masonry foundation or masonry curtain wall of solid brick or brick veneer, unpierced except for required ventilation and access, installed under the perimeter;

(8)

It shall include stairs, porches, entrance platforms, ramps, and other means of entrance and exit that are installed or constructed in accordance with the standards set by the North Carolina State Building Code. They shall be attached to the primary structure and anchored in accordance with all local, state, and federal requirements;

(9)

It shall maintain exterior siding comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction, which consists of one or more of the following: 1) Vinyl or aluminum lap siding (whose reflectivity does not exceed that of flat white paint); 2) Cedar or other wood siding; 3) Stucco siding; 4) Brick or stone siding.

(10)

It shall maintain a roof pitch with a minimum vertical rise of at least three feet for each 12 feet of horizontal run;

(11)

It shall include a roof finished with a class C or better roofing material that is commonly used in standard residential construction;

(12)

It shall provide an eave projection of no less than six inches and not greater than the other town requirements for eaves, which may include a gutter; and

(13)

Shall also comply with the requirements established in chapter 16, flood damage prevention.

(Ord. No. 2021-05-04, art. III, pt. II, 5-4-2021)

Editor's note— Ord. No. 2021-05-04, art. III, pt. II, adopted May 4, 2021, set out provisions intended for use as § 36-177. Inasmuch as there were already provisions so designated, said section has been codified herein as § 36-178 at the discretion of the editor.

(a)

Sketch plan review. Prior to submittal of a site plan review application for all uses other than one and two-family dwelling units, the applicant may submit to town staff, at least 14 days prior to a regularly scheduled planning board meeting, nine copies of a sketch plan showing the proposed development for new construction or substantial improvements in the general commercial district. The sketch plan shall consist of a project narrative and conceptual renderings that show the proposed buildings, building elevations, landscaping and parking areas. The planning board shall review and comment on the proposed development and its consistency with the standards in this section and other requirements in this chapter.

(b)

Generally. In the general commercial district, for all uses other than one- and two-family dwelling units, new construction and substantial improvements shall comply with the following standards:

(1)

Exterior building paint colors shall be subtle, neutral and earth tone colors;

(2)

Mechanical equipment and dumpsters shall be screened and shall not be visible from any right-of-way. Screening shall be constructed of wood, or match the materials used for the building;

(3)

Fences shall be constructed of wood, or match the materials used for the building;

(4)

No commercial building front shall remain unbroken (unpierced) by a window, architectural element, entrance or functional general access doorway for more than 50 feet;

(5)

Windows shall comprise no less than ten percent and not more than 40 percent of each building's vertical wall area;

(6)

No awning or building projection on any building which encroaches on a sidewalk or pedestrian walkway shall extend out from the building more than the width of the sidewalk nor shall it at any point be less than eight feet above the sidewalk;

(7)

Wall articulations (or breaks in the façade or roofline) shall be designed not less than every 50 feet along the building façade;

(8)

Architectural embellishments with a coastal design that add visual interest are encouraged;

(9)

Low impact development techniques utilized to mitigate potential stormwater impacts are encouraged;

(10)

The finished area ratio for all buildings shall not exceed 0.35. Sites with multiple buildings, tenants, and/or occupants are encouraged to utilize multiple buildings, of varying heights and design, rather than a singular building;

(11)

Building elements that resemble animals, lighthouses, castles or pirate ships are prohibited.

(Ord. No. 2024-07-01, art. III, pt. III, 5-20-2024)