This chapter shall be officially known as the "Chapter 16: Land Development Code of the Town of Topsail Beach, North Carolina" and may be referred to as "this ordinance" or "this chapter" of which contains zoning, subdivision, signage, wireless telecommunication, and other land development regulations.

(Ord. No. 2019-001, 1-9-2019)

This land development code was adopted on January 9, 2019 and became effective on March 14, 2019.

(Ord. No. 2019-001, 1-9-2019)

This chapter is adopted pursuant to the authority vested in the town by its Charter and the General Statutes of North Carolina, particularly G.S. ch. 160D.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021)

In order to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, sewerage, schools, parks and other public requirements; to conserve the value of buildings and encourage the most appropriate use of land throughout the corporate limits, there is hereby adopted and established the land development code of the town.

(Ord. No. 2019-001, 1-9-2019)

The provisions of the land development code (LDC) shall apply within the corporate limits of the town. The LDC applies to all land, development, buildings, structures, and uses located within the corporate limits.

(Ord. No. 2019-001, 1-9-2019)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity and general welfare. It is not intended by this chapter to interfere with, abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon land development, the use of land or buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall govern.

(Ord. No. 2019-001, 1-9-2019)

The comprehensive land use plan (Town of Topsail Beach CAMA Land Use Plan) serves as the basic policy guide for development under this LDC. The policies and action items of the comprehensive land use plan may be amended from time to time to meet the changing requirements of the town.

(Ord. No. 2019-001, 1-9-2019)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid by the courts, such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. No. 2019-001, 1-9-2019)

The boundaries of the districts are shown upon the map accompanying this chapter and made a part hereof, entitled "Zoning Map Topsail Beach, North Carolina." The zoning map and all the notations, references and all amendments thereto, and other information shown thereon is hereby made a part of this chapter the same as if such information set forth on the map were all fully described and set out herein. The zoning map properly attested is on file in the office of the town clerk and is available for inspection by the public, in a paper or digital format, and is available for inspection by the public. Copies of the zoning district map may be reproduced by any method of reproduction that gives legible and permanent copies and, when certified by the town clerk in accordance with G.S. 160A-79, shall be admissible into evidence and shall have the same force and effect as would the original map.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021)

Where uncertainty exists with respect to the boundaries of any district shown on the zoning map, the following rules shall apply:

(1)

Use of property lines. Where district boundaries are indicated as approximately following street lines, alley lines and lot lines, such lines shall be construed to be such boundaries. Where streets, highways, railroads, watercourses and similar areas with width are indicated as the district boundary, the actual district boundary line shall be the center line of such area.

(2)

Street closure. Where any street or alley is hereafter officially closed, vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley abandonment.

(3)

In case any further uncertainty exists, the zoning administrator shall interpret the intent of the map as to location of such boundaries. Such determination shall be subject to appeal by the board of adjustment.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021)

No land shall be developed, occupied, or used without full compliance with the provisions of this chapter and all other applicable town, county, state, and federal laws, rules, and regulations. Compliance with regulations from the following agencies may be required prior to issuance of any land development permit: U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, county environmental health, state division of coastal management, state department of transportation, and/or the state department of environmental quality among others.

(Ord. No. 2019-001, 1-9-2019)

(a)

Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded.

(b)

Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him or her and the notice or paper is served by mail, three days shall be added to the prescribed period.

(Ord. No. 2019-001, 1-9-2019)

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, special use permits, subdivision plat approval, site plan approval, zoning amendments, variances, changes to ordinance text and map, and other administrative relief. The amount of the fees charged shall be as set forth in the town's fee schedule as established by the board of commissioners. Applications shall not be deemed complete until all applicable fees are paid.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021)