(a)

Types of zoning districts. All land within the town is classified by this chapter to be within one of the several base zoning districts or overlay districts respectively.

(b)

Overlay zoning areas and relationship to zoning districts. Land within any base zoning district may also be classified into one or more overlay zoning areas, as listed in section 16-84 overlay zoning districts. Regulations governing development in an overlay area shall apply in addition to the regulations governing development in the underlying district. If the standards governing a zoning district expressly conflict with those governing an overlay zoning area, the more restrictive standard shall control.

(c)

Compliance with district standards. No land within the town shall be developed except in accordance with the zoning district use, use and development standards, and requirements of this article and all other regulations of this chapter, as applicable.

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

In order to implement the intent of this article, there are hereby created zoning districts with the following designations and general purposes:

Table 16.4.1:
Zoning Districts

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2022-005, § 4, 9-14-2022)

(a)

R-1, R-2, R-3, R-4 residential districts. These districts are established for residential development in which the principal use of the land is for single-family dwellings. In promoting the general purpose of this article, the specific intent of these districts is to:

(1)

Encourage the construction of and the continued use of the land for single-family residential purposes.

(2)

Encourage the development of residential neighborhoods that complement one another.

(3)

Prohibit commercial and industrial use of the land and to prohibit any other use which would substantially interfere with development or continuation of dwellings in the district.

(4)

Encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this article.

(5)

Discourage any use which would generate traffic on minor streets other than normal traffic to serve residents on those streets.

(6)

To discourage any use which because of its character or size would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, substantially in excess of such requirements and costs if the district were developed solely for residential purposes.

(b)

PRD-1 planned residential development district. This district is established for residential development of varying types and designs. In promoting the general purpose of this article, the specific intent of this district is to:

(1)

Encourage the construction of planned residential developments of various styles and types at a higher density than the R-1, R-2, R-3 or R-4 districts.

(2)

Prohibit commercial and industrial use of the land and to prohibit any other use which would substantially interfere with development or continuation of dwellings in the district.

(3)

Discourage any use which would generate traffic on minor streets other than normal traffic to serve residents on those streets.

(4)

Encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this article.

(c)

PRD-2 planned residential development district. This district is established for residential development in which the principal use of the land is for single- and two-family development. In promoting the general purpose of this article, the specific intent of this district is to:

(1)

Encourage the construction of and the continued use of the land for planned residential developments of single- and two-family dwellings at a density higher than the R-1, R-2, R-3 or R-4 districts.

(2)

Prohibit commercial and industrial use of the land and to prohibit any other use which would substantially interfere with development or continuation of dwellings in the district.

(3)

Discourage any use which would generate traffic on minor streets other than normal traffic to serve residents on those streets.

(4)

Encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this article.

(d)

B-1 general business district. The general business district is established as a district in which the principal use of the land is for commercial, mixed-use, two-family residential, and service uses for the surrounding residential community. In promoting the general purposes of this article, the specific intent of this district is to:

(1)

Encourage the construction of and the continued use of the land for commercial, mixed-use, two-family residential, and service uses.

(2)

Provide for the orderly expansion of such uses within the general business district, as designated on the zoning map.

(3)

Permit a concentrated, intensive development of the permitted uses while maintaining a substantial relationship between the intensity of land use and the capacity of utilities and streets.

(4)

Discourage the continuance of existing uses that would not be permitted as new uses under the provision of this district.

(5)

Allow accessory dwelling units.

(e)

B-2 restricted business district. This district is established as a district in which the principal use of land is for the retailing of goods and provision of commercial services to surrounding areas and two-family residential uses. In promoting the general purpose of this article, the specific intent of this district is to:

(1)

Encourage the construction of and the continued use of the land for commercial, two-family residential, and service uses.

(2)

Provide for the orderly expansion of such uses within this district, as designated on the zoning map.

(3)

Discourage the continuance of existing uses that would not be permitted as new uses under the provision of this district.

(f)

C-1 conservation district—Ocean front side. The purpose of this district is to preserve and protect the areas of environmental concern as identified by G.S. 113A-113 and 15A NCAC 07H .0200 and 07H .0300. The C-1 district is identified as that area between the mean low-water line and mean high-water line along the Atlantic Ocean beachfront from a point at the oceanfront intersection of the Topsail Beach/Surf City town lines and southwestwardly to a point in the center line of Topsail Inlet at its intersection with the Atlantic Ocean.

(g)

C-2 conservation district—Sound side. The purpose of this district is to preserve and protect the areas of environmental concern as identified by G.S. 113A-113 and 15A NCAC 07H .0200 and 07H .0300. The C-2 district is identified as the waters and marshlands between the center of the intracoastal waterway and the mean high-water mark of Topsail Sound and its adjacent waters within the corporate limits of Topsail Beach.

(h)

C-4 conservation district—Inlet area. The purpose of this district is to preserve and protect the areas of environmental concern as identified by G.S. 113A-113 and 15A NCAC 07H .0200 and 07H .0300. The C-4 district is identified as all land included in the inlet hazard area and that is not zoned for residential use.

(i)

CZ conditional zoning district. Standards of a conditional zoning district (CZ) are specific to the conditions of the site and are set by a conditional rezoning application. This process and associated criteria are explained in subsection 16-58(g). A conditional zoning district is intended for a development that has a high level of certainty of being constructed. The most commonly expected application will contain a specified use or uses, permitted by right or special use, accompanied by a plan showing proof of concept, and typically includes the spatial relation of uses and site elements. The standards and conditions associated with a conditional zoning district are set at the time of approval.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2022-005, § 5, 9-14-2022)

(a)

Maritime forest overlay district (MFOD). The maritime forest overlay district shall include all land northeast of the B-1 zoning district and west of North Anderson Boulevard (NC 50) extending to the town limits. The MFOD district shall not include oceanfront lots. The purpose of this district is to protect the remaining maritime forests located within the town. Maritime forests are recognized as both an important resource and as an important component of the barrier island ecosystem providing wildlife habitat, serving to stabilize soil and sand and providing a vital link in the local ground water replenishment cycle. Development in this district should be designed to cause the least practical disruption to the maritime forest cover. The requirements of the maritime forest overlay district (MFOD) shall be in addition to any other zoning districts where applied so that any parcel of land lying in a MFOD may also lie in one or more of the zoning districts provided for by this article.

(b)

Design standards. In the MFOD, development shall be designed so as to protect and enhance the continuing growth of the remaining undisturbed areas. In doing so, the following requirements shall be met:

(1)

No alteration of a lot or building site shall occur prior to the issuance of a zoning permit. No zoning permit shall be issued for a lot without a physical inspection by the building inspector. Some clearing of understory trees and shrubs may be required to prepare a site for survey, inspection by governmental agencies as part of any permitting process, or to stake the proposed building site. On densely vegetated lots a walking access trail not to exceed three feet may be cleared for access purposes. Permission to clear such understory trees and shrubs shall not be required by the building inspector for these purposes listed in this subsection above; however, clearing shall be kept to an absolute minimum.

(2)

The area of disturbance shall be limited to the area of the lot contained within the front, rear and side yard setbacks of the underlying zoning district, except for limited driveway access, stormwater drainage system, and an approved septic tank system.

(3)

Vegetation contained within the zoning setbacks with a diameter of three inches or less at breast height may be removed.

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

(a)

Regulations for each district shall be enforced and interpreted according to the following rules:

(1)

Uses by right. All listed permitted uses are permitted by right according to the terms of this article. The uses listed may not address all possible uses. In determining if a use is permitted, the zoning administrator shall consider which category of expressed uses most closely matches the use proposed and apply the regulations pertaining to that category to the proposed use. In determining the use which most closely matches the proposed use, the zoning administrator shall consider the density and intensity of the use, and anticipated traffic, noise, light, and odor on adjacent properties. Such interpretation shall be provided in writing to the property owner and subject to appeal by the board of adjustment. Where a proposed use does not closely match any uses provided in table 16.4.2, such use shall be deemed an "unlisted use" by the zoning administrator and subject to the approval procedures provided herein.

(2)

Special uses are permitted, subject to compliance with the additional regulations specified. Uses with additional standards are denoted with an "S."

(3)

Minimum regulations. Regulations set forth in this article shall be minimum regulations. If the requirements set forth in this article are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or higher standard shall govern.

(4)

Restrictive covenants and deed restrictions. Unless restrictions established by covenants and deed restrictions running with the land are prohibited by the provisions of this article, nothing herein contained shall be construed to render such covenants or restrictions inoperative.

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

(a)

Use table. The following uses are listed as permitted by right (P), special (S), or permitted by right with an additional use standard (PS), or special with an additional use standard (SS) in each zoning district where allowed. The use table (16.4.2) is separated by accessory uses, residential uses, and nonresidential uses.

(b)

Prohibited uses.

(1)

If a cell in the table of uses is blank the use is prohibited in the corresponding zoning district.

(2)

The following uses are prohibited throughout the town's zoning jurisdiction in an effort to mitigate natural and manmade hazards, maintain desired environmental qualities, and enhance public health, safety, welfare, family atmosphere, and sea turtle protection as specified in the town's land use plan:

a.

Agriculture and aquaculture.

b.

Hazardous materials handling and storage.

c.

Shooting and archery range (whether indoors or outdoors).

d.

Junkyard and salvage yard.

e.

Explosives and chemical manufacturing.

f.

Leather and leather products manufacturing involving tanning.

g.

Slaughter or rendering of animals, excluding seafood products.

h.

Heavy industrial uses not otherwise classified.

i.

Floating structures in public and private marinas, commercial docks, and residential docks or anchored adjacent to any property.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-001, § 2, 3-11-2021; Ord. No. 2021-04-12, 6-17-2021; Ord. No. 2022-009, § 2, 10-12-2022; Ord. No. 2024-007, 8-14-2024)

(a)

Accessory dwelling unit. Where permitted, accessory dwelling units shall be allowed within a principal structure subject to the following:

(1)

Only one accessory dwelling unit is permitted per structure.

(2)

An accessory dwelling unit is a complete, independent living facility equipped with a kitchen and with provisions for sanitation and sleeping.

(3)

Adequate water and sewer or an approved septic system shall be available for all accessory dwelling units.

(b)

Accessory uses and structures.

(1)

Permitted accessory uses and structures are clearly incidental to, subordinate in purpose to, and serve the principal use subject to the following:

a.

No residence shall have more than one accessory/utility building, plus one detached garage, on a lot.

b.

Accessory buildings and detached garages shall not be placed less than five feet from any lot line unless otherwise specified.

c.

Accessory structures on oceanfront and waterfront lots must abide by any required CAMA setback.

(2)

No accessory structures may be erected on any lot without a principal structure and/or use, except that temporary construction offices or storage containers shall be permitted on lots with a valid building permit issued for construction of a principal structure as provided in subsection 16-87(n).

(3)

Storage of vehicles, boats, and trailers shall not be allowed on any lot without a principal structure except as provided below:

a.

Temporary vehicular parking or storage of two boat trailers (with or without boats) is permitted in any residential zoning district.

b.

The boat trailer(s) must be registered for operation on a public street, fully operable, completely assembled, supported by inflated tires, and not supported by blocks, jacks, or similar supports.

c.

The boat trailer(s) must be maintained clean and neat and not significantly damaged nor continuously under repair.

(4)

A lawfully-established nonconforming use or structure may be supplemented with an accessory use or structure provided the accessory does not increase the nonconformity.

(c)

Beach access and pedestrian water access walkways. All beach access and pedestrian water access walkways shall be constructed in accordance with the CAMA use standards as stated in 15A NCAC 07H. No roof, gazebo, or other similar materials shall be placed on any portion of a beach access or pedestrian water access walkway in the C-2 zoning district.

(d)

Fishing piers and docks. Where permitted, piers, docks, and boat lifts shall be constructed in accordance with chapter 6, article 3: piers and docks and the CAMA use standards as stated in 15A NCAC 07H. No roof shall be placed on any portion of a pier or dock, including boat lifts/slips. Pump out stations and the extension of septic lines shall not be permitted on piers and docks.

(e)

Home day care. A home day care is permitted as accessory to a residential dwelling unit if it complies with the following standards:

(1)

Care is provided within a dwelling unit, for between three and eight children less than 13 years of age, not more than five of which are preschool age, or up to eight adults, who do not reside in the dwelling, for at least once per week for at least four hours, but less than 24 hours per day.

(2)

The establishment shall not operate between the hours of 7:00 p.m. and 6:00 a.m.

(3)

It complies with all applicable home occupation requirements, except the gross floor area requirement.

(4)

It is licensed by the state and complies with all applicable state requirements.

(5)

Any outdoor play equipment stored throughout the day and night shall not be permitted in the front yard area nor shall it be situated closer than 15 feet from any adjoining lot containing a dwelling.

(f)

Home occupations. Where permitted, home occupations shall comply with the following minimum standards:

(1)

Such use is clearly incidental and secondary to the residential use of the dwelling.

(2)

No more than 25 percent of the total floor area is used for such purposes.

(3)

There is no outdoor or window display or signs associated with the business.

(4)

No mechanical equipment shall be installed or used except such that is normally used for domestic, professional or hobby purposes and which does not cause noise or other interference in radio and television reception.

(5)

No accessory building or outside storage shall be used in connection with the home occupation.

(6)

The home occupation shall not generate more than six customer or client and delivery trips combined in any one day and no more than two clients may be present at any one time.

(7)

No merchandise is sold on the premises.

(8)

No person not a resident of such dwelling is employed within the dwelling in connection with the home occupation.

(g)

Outdoor display. Where permitted, outdoor display shall comply with the following minimum standards. This section applies to the display of retail and rental goods outside of an enclosed building. This section does not apply to permitted farmers' markets.

(1)

Outdoor display must be customarily incidental to a permitted principal use in the zoning district. Only the business or entity occupying the principal use or structure shall sell merchandise or rent equipment in the outdoor display areas.

(2)

Merchandise or rental equipment shall not be placed or located where it will interfere with pedestrian or building access or egress, public right-of-way, required vehicular parking and handicapped parking, aisles, access or egress, fire lanes, alarms, hydrants, standpipes, or other fire protection equipment, or emergency access or egress.

(h)

Outdoor storage. Where permitted, accessory outdoor storage shall comply with the following minimum standards:

(1)

All outdoor/open storage areas shall be fenced with a minimum of a six foot opaque fence.

(2)

Where possible, all outdoor storage materials shall be kept in the rear of buildings and in no case shall outdoor storage materials be located closer than five feet from any adjoining property line.

(i)

Pickleball and tennis courts. Where permitted, recreational sports courts shall comply with the following minimum standards:

(1)

In residential zoning districts, all pickleball and tennis courts shall be unlighted.

(2)

No pickleball or tennis court shall be located closer than 25 feet from any residential structure.

(j)

Recreational vehicle (RV) or travel trailer. Where permitted, recreational vehicles and travel trailers shall be parked/stored on the owner's property in a designated parking space. It shall be unlawful for any person to park or allow to be parked, any motor home, pickup truck camper, travel trailer and/or camper for the purpose of habitation overnight upon any public or private property within the town limits.

(k)

Repair, rental, and/or servicing. Where permitted, the repair, rental, and/or servicing of any product the retail sale of which is a permitted use in the same district shall comply with the following minimum standards:

(1)

All repair and service areas shall be totally enclosed.

(l)

Satellite dish antennas. Where permitted, satellite dish antennas shall comply with the following minimum standards:

(1)

Compact dish antennas 36 inches or less in diameter may be installed in accordance with the manufacturer's specifications. Installation must meet all existing requirements and state building code.

(2)

Dishes in excess of 36 inches in diameter are prohibited in all districts.

(m)

Self-service ice vending machine. Where permitted, self-service ice vending units or similar freestanding accessory uses shall comply with the following minimum standards:

(1)

Self-service ice vending units or other similar uses shall be an accessory to a principal nonresidential use.

(2)

Self-service ice vending units or other similar uses shall not be placed less than five feet from any lot line.

(3)

Architectural features of any self-service ice vending unit or other similar use shall be complementary to existing development in the immediate area. Building elevations shall be submitted with each application considered for approval.

(4)

The foundation of each unit shall be screened by skirting, lattice or foundation plantings and landscaping.

(5)

Roof-mounted or other equipment on top of the unit shall be screened by a parapet wall.

(6)

Within 30 days of the closure or ceasing of operations of any self-service ice vending unit or other similar use all equipment and incidentals shall be removed from the premises.

(n)

Solar energy systems. Where permitted, accessory solar energy systems shall comply with the following minimum standards:

(1)

Roof-mounted solar energy systems. Solar panels should generally relate to the slope of the roof surface to which they are attached. However, the height shall not exceed the maximum building height requirement of the district in which it is located. Roof-mounted solar energy systems shall in no instance extend beyond the edge of the roof to which they are attached.

(2)

Ground-mounted solar energy systems shall be prohibited.

(o)

Storage containers.

(1)

Where permitted, storage containers shall require issuance of a permit to the property owner in compliance with the following minimum standards:

a.

One storage container is permitted only as a temporary accessory use.

b.

A temporary storage container may be up to 16 feet long by eight feet wide by nine feet tall.

c.

The storage container may be placed on the site for up to 60 days.

d.

The storage container shall not be placed less than ten feet from any lot line.

e.

Where storage containers are associated with a property with a valid building permit, such storage container shall comply with the following minimum standards:

1.

One storage container may be placed on the lot and shall not exceed 16 feet long by eight feet wide by nine feet high.

2.

The storage container may be placed on the site for a maximum of six (6) months with a possible six month extension, provided that such extension shall be granted at the discretion of the zoning administrator upon a showing by the applicant that diligent progress has been made in completing the building permit renovations, or that due to an extreme weather event, contractors to perform such renovations are not readily available.

3.

The storage container shall not remain on the lot for more than 30 days following the completion of the repair or remodel or the expiration of the time limit approved for its use, whichever occurs first.

f.

These standards do not apply to portable units for donating goods to a charitable organization (such as Goodwill drop off), government/private dumpsters, or government/private recycling facilities for public use.

(p)

Swimming pools. Where permitted, all swimming pools of three feet or more in depth, either above ground or below ground, and of either permanent or temporary nature shall comply with the following minimum standards:

(1)

An aboveground swimming pool shall be set back ten feet from any lot line plus one foot for each foot over five of pool height.

(2)

A fence shall be erected to a minimum height of four feet to completely enclose all sides of the pool not bounded by a building. Any gate of equal height shall be securely fastened and locked when the pool is not in use.

(3)

All mechanical equipment shall be located a minimum of five feet from any property line.

(4)

Pools are not permitted between a principal structure and the Atlantic Ocean in the R-1 district.

(5)

Pools shall not be permitted in the front or side yard.

(6)

The town assumes no liability or responsibility for failure to comply with the foregoing standards.

(q)

Temporary health care structure. Temporary health care structures shall be permitted in accordance with G.S. 160D-915.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2020-004, 9-9-2020; Ord. No. 2021-001, § 3, 3-11-2021; Ord. No. 2021-04-12, 6-17-2021; Ord. No. 2022-009, § 3, 10-12-2022)

(a)

Dwelling, two-family/duplex. Where permitted, two-family/duplex dwelling structure shall be located on a single lot and dwelling units may be sold separately from the land they are located on subject to the following minimum standards:

(1)

The minimum lot size shall be 10,000 square feet.

(2)

The minimum lot width shall be 70 feet.

(3)

The minimum front and side setbacks shall be ten feet.

(b)

Manufactured homes. Where permitted, manufactured homes shall not be used in any manner for business or commercial purposes, except when used as a temporary construction office.

(c)

Dwelling, multifamily. The following standards shall be used in evaluating an application for approval of a special use for multiple-family dwellings:

(1)

The minimum lot size shall be 10,000 square feet for three dwelling units plus 3,500 square feet of lot size for each additional dwelling unit above three.

(2)

Buildings and other improvements shall be so installed that the dune structure shall be maintained.

(3)

The maritime forest shall be maintained, except for removal of that which is the absolute minimum to allow reasonable use of the site.

(4)

The minimum floor area per dwelling unit shall be 900 square feet.

(5)

There shall be an acceptable plan for the maintenance and preservation of those portions of the site which are left undisturbed as duly recorded in an established homeowners association restrictions and covenants.

(d)

Family care home. Family care homes shall be permitted in accordance with G.S. 168-22.

(e)

Swimming pool standards. Where permitted, all swimming pools of three feet or more in depth, either above ground or below ground, and of either permanent or temporary nature shall comply with the following minimum standards:

(1)

A fence shall be erected to a minimum height of four feet to completely enclose all sides of the pool not bounded by a building. Any gate of equal height shall be securely fastened and locked when the pool is not in use.

(2)

All mechanical equipment shall be located a minimum of five feet from any property line.

(3)

Pools shall not be permitted on oceanfront lots.

(4)

Swimming pools permitted as principal residential uses in the B-1 district shall also comply with the following additional requirements:

a.

The swimming pool shall be used only to serve residential lots which are in the same B-1 district where the pool is located and which are located within 150 feet of the swimming pool lot;

b.

The minimum setbacks are: front setback: Seven and one-half feet, side setback: Ten feet; minimum rear setback: 15 feet ^[2]; an aboveground swimming pool shall be set back ten feet from any lot line plus one foot for each foot over five of pool height;

c.

The lighting shall be not mounted any higher than eight feet above ground level, and the lighting shall be shaded so that the lighting is directed downward to the pool and apron area only;

(5)

The town assumes no liability or responsibility for failure to comply with the foregoing standards.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021; Ord. No. 2022-009, § 3, 10-12-2022)

(a)

Adult entertainment establishment. Where permitted, adult entertainment establishments shall comply with the following minimum standards:

(1)

Adult entertainment shall not be located in a building or on a premises where alcohol or alcoholic beverages are sold or in a building or on a premises that allows alcohol or alcoholic beverages to be consumed.

(2)

Adult entertainment shall not be located within 100 feet in any direction from any lot on which a public playground is located.

(3)

Adult entertainment shall be not be located within 100 feet of any residential dwelling unit.

(4)

Signs are allowed, as permitted by this chapter, but may not include promotional displays, flashing lights, or photographs, silhouettes, drawings, or pictorial representations of any manner depicting sexual activity, themes, or nudity.

(5)

The facade of the proposed operation shall be screened in a manner that obscures visibility of the interior to pedestrians and/or automobile traffic.

(b)

Assisted living and nursing homes. Where permitted, assisted living and nursing home facilities shall comply with the following minimum standards:

(1)

All structures shall be built to a residential scale consistent with the surrounding area.

(c)

Automobile sales and service. Where permitted, retail sales and service of automobiles and accessories shall comply with the following minimum standards:

(1)

The display or storage of automobiles for sale shall not be subject to the outdoor storage or outdoor display requirements provided that no boat or accessory for sale be parked closer than 25 feet from any street lot line.

(2)

All service areas shall be totally enclosed.

(d)

Beach access and pedestrian water access walkways. All beach access and pedestrian water access walkways shall be constructed in accordance with the CAMA use standards as stated in 15A NCAC 07H. No roof, gazebo, or other similar materials shall be placed on any portion of a beach access or pedestrian water access walkway in the C-2 zoning district.

(e)

Boats and accessories, retail sales and service. Where permitted, retail sales and service of boats and accessories shall comply with the following minimum standards:

(1)

The display or storage of boats for sale shall not be subject to the outdoor storage or outdoor display requirements provided that no boat or accessory for sale be parked closer than 25 feet from any street lot line.

(2)

All service areas shall be totally enclosed.

(f)

Boat ramp. Where permitted, boat ramps shall comply with the following minimum standards:

(1)

All boat ramps shall be constructed in accordance with the CAMA use standards as stated in 15A NCAC 07H.

(g)

Boat rental facilities. Where permitted, boat rental facilities shall comply with the following minimum standards:

(1)

Where use of a water-based dock facility is required in the C-2 zoning district, such dock shall not be located adjacent to an adjoining residential zoning district.

(2)

No vessel shall be stored on site.

(h)

Building materials sales and storage yards. Where permitted, building materials sales and storage yards shall comply with the following minimum standards:

(1)

All outdoor/open storage areas shall be enclosed by an opaque fence a minimum six feet in height.

(2)

Where possible, all outdoor storage materials shall be kept in the rear of buildings and in no case shall outdoor storage materials be located closer than five feet from any adjoining property line.

(i)

Club or lodge. Where permitted, a club or lodge shall comply with the following minimum standards. Any request for a club or lodge, in addition to meeting the zoning requirements for its zone, must contain sufficient information to satisfy to the town that:

(1)

Adequate off-street parking is provided.

(2)

Adequate sanitation facilities and capacity is provided.

(3)

Adequate screening from other properties is provided.

(4)

Adequate setbacks from property lines are used.

(5)

An occupancy number shall be established as part of the approval process and increase thereof shall require a new special use permit to be issued.

(6)

Where the club or lodge is associated with a residential development or community, such club shall not be located on an oceanfront or soundfront lot.

(j)

Commercial fishing pier. Where permitted, commercial fishing piers shall not be located adjacent to an adjoining residential zoning district.

(k)

Day care facilities. Where permitted, day care facilities shall comply with the following minimum standards:

(1)

An applicant for an adult or child day care facility shall provide a vehicular circulation plan showing on-site queuing and circulation based upon the location and number of patrons that utilize the facility.

(2)

Outdoor recreational facilities shall be located in the rear or side yard.

(3)

All stationary play equipment, dumpsters, garbage cans, or recycling bins, and similar equipment shall be located at least 15 feet from any adjoining residential zoning district property line.

(4)

Day care facilities which adjoin a residential zoning district shall not operate between the hours of 7:00 p.m. and 6:00 a.m.

(l)

Eating establishment, major. Where permitted, major eating establishments shall comply with the following minimum standards:

(1)

A minimum setback of 25 feet shall be required from any adjoining residential zoning district property line.

(m)

Electronic gaming. Where permitted, electronic gaming operations not prohibited by G.S. 14-306.1 shall comply with the following minimum standards:

(1)

Electronic gaming operations shall not be located in a building or on a premises where alcohol or alcoholic beverages are sold or in a building or on a premises that allows alcohol or alcoholic beverages to be consumed.

(2)

Electronic gaming establishments shall be not be located within 100 feet of any residential dwelling unit.

(n)

Farmers' market. Where permitted, a farmers' market shall comply with the following minimum standards:

(1)

Farm products sold shall be produced by the participating farmers who have obtained grower certification from the state department of agriculture or state cooperative extension.

(2)

Limited production and assembly of crafts and woodworking items for sale on site is permitted. No livestock may be sold.

(3)

A special use permit shall be issued on an annual basis prior to the start of any proposed farmers' market.

(o)

Fishing piers and docks. Where permitted, piers, docks, and boat lifts shall be constructed in accordance with chapter 6, article 3: piers and docks, the CAMA use standards as stated in 15A NCAC 07H. No roof shall be placed on any portion of a pier or dock, including boat lifts/slips.

(p)

Hotels and motels. Where permitted, hotels and motels shall comply with the following minimum standards:

(1)

The minimum lot size for a hotel, motel, inn, or similar development shall be no less than one acre. Such developments shall be on a single lot, undivided by public or private streets or rights-of-way.

(2)

The minimum setbacks shall be doubled along lot lines shared with a residential district or use in which a hotel, motel, inn, or similar development is located.

(3)

The maximum number of guest units for a hotel, motel, inn, or similar development shall not exceed 20 units per acre.

(q)

Manufacturing, artisan. Where permitted, artisan manufacturing establishments shall comply with the following minimum standards:

(1)

All artisan manufacturing areas shall be totally enclosed.

(r)

Marina—Class 1 public. Where permitted, class 1 public marinas shall comply with the following minimum standards:

(1)

Maximum number of boats stored on land or water: 50.

(2)

Minimum lot area: 15,000 square feet.

(3)

Minimum lot width/water frontage: 200 feet.

(4)

Minimum lot depth: 75 feet.

(5)

Minimum side setback: 15 feet.

(6)

Minimum front setback: 25 feet.

(7)

Minimum rear setback: 20 feet; provided, however, uncovered decks may project ten feet into the rear setback.

(8)

Where use of a water-based dock facility is required in the C-2 zoning district, such dock shall not be located adjacent to an adjoining residential zoning district.

(9)

No roof shall be placed on any portion of a pier or dock, including boat lifts/slips.

(10)

Pump out stations and the extension of septic lines shall not be permitted.

(s)

Marina—Class 2 private. Where permitted, class 2 private marinas shall comply with the following minimum standards:

(1)

Minimum lot width/water frontage: 150 feet.

(2)

No person may stay overnight for more than three consecutive nights on any vessel moored in a class 2 private marina.

(3)

No fuel storage facilities (except for fuel storage on permitted vessels) and no fuel sales shall be permitted.

(4)

No permanent repair facilities shall be permitted, provided that this shall not prohibit repair of vessels on site so long as no permanent facilities to accommodate such repairs are constructed or maintained.

(5)

Any boat launching ramp or other access to the public waters constructed on site shall be used only by owners utilizing the boat slips within the marina. The general public shall not be permitted to use such ramp or access.

(6)

Garbage collection facilities adequate for the use of the marina shall be provided on site.

(7)

No roof shall be placed on any portion of a pier or dock, including boat lifts/slips.

(8)

Pump out stations and the extension of septic lines shall not be permitted.

(t)

Microbrewery and microdistillery. Where permitted, microbreweries and microdistilleries shall comply with the following minimum standards:

(1)

Shall not exceed 40,000 square feet of gross floor area.

(2)

Outside gathering areas shall not be located within 100 feet of a residential district.

(3)

Required parking shall be calculated based on square footage proposed for each use.

(4)

Storage of materials, including silos, products for distribution and other items requiring long-term storage shall be allowed in areas behind building, in enclosed buildings, or otherwise screened from the public right-of-way or pedestrian way.

(5)

Shall include one or more accessory uses such as a tasting room, tap room, restaurant, retail, demonstration area, education and training facility or other use incidental to the facility and open and accessible to the public.

(u)

Self-service storage facility. Where permitted, self-service storage facilities shall comply with the following minimum standards:

(1)

Individual storage units shall not exceed 400 square feet each.

(2)

Storage of boats, recreational vehicles, and similar equipment may be allowed, subject to the following standards:

a.

Storage shall occur only within a designated area, approved as part of the site plan.

b.

Boats shall be stored on trailers with wheels.

c.

Storage areas shall be completely screened from public rights-of-way or adjoining residential zoning districts or uses, by an opaque fence, a minimum of six feet in height.

(v)

Tattoo/body piercing establishment. Where permitted, tattoo/body piercing establishments shall comply with the following minimum standards:

(1)

Tattoo/body piercing establishments shall not be located in a building or on a premises where alcohol or alcoholic beverages are sold or in a building or on a premises that allows alcohol or alcoholic beverages to be consumed.

(2)

Tattoo/body piercing establishments shall not be located within 100 feet in any direction from any lot or parcel on which a public playground is located.

(3)

Tattoo/body piercing establishments shall be not be located within 100 feet of any residential dwelling unit.

(4)

The facade of the proposed operation shall be screened in a manner that obscures visibility of the interior to pedestrians and/or automobile traffic.

(w)

Utility station. Where permitted, utility stations shall comply with the following minimum standards:

(1)

Minimum setback from any public or private street lot line: ten feet.

(2)

Minimum rear setback: ten feet.

(3)

Minimum side setback: ten feet.

(4)

Within residential zoning districts, all equipment cabinets and similar facilities shall be completely screened by an opaque fence.

(5)

Privately owned utility stations shall submit documentation of a property owners association or similar entity responsible for perpetual maintenance and operation of the facility. A contingency plan outlining procedures for removal/replacement of the system in the event of failure shall also be submitted to the town as part of the approval process. An annual report of condition, operation, and funds to support the private utility system shall be submitted to the town manager each year following approval of the system.

(6)

The lot on which the utility station or substation is located shall be landscaped to fit into its surroundings.

(x)

Water tower. Where permitted, water towers and related water works, shops, and storage shall be publicly-owned.

(y)

Unlisted use. Where a proposed use does not closely match any uses provided in table 16.4.2, such use shall be deemed an "unlisted use" by the zoning administrator and subject to the following approval procedures:

(1)

The board of adjustment must find that the proposed use will be similar in character and intensity to other permitted or special uses provided for within the district in which it is proposed. Such determination shall be noted as a finding of fact and shall be included in the record of the final disposition of the application.

(2)

Any proposed outdoor operations, inventory display and/or storage must be specifically approved by the board of adjustment who may establish any additional conditions as may be determined necessary. Such conditions may include, but shall not be limited to: screening, buffering, increased setbacks or other appropriate conditions up to and including denial of such proposed outdoor use for the location sought for due cause in order to protect, maintain or promote the general public, health, safety and welfare. Such due cause shall be noted as a finding of fact and shall be included in the record of the final disposition of the application.

(3)

Parking requirements shall be those noted for the use most closely associated with the proposed use as listed in section 16-93 as determined by the board of adjustment in conjunction with staff review and recommendation.

(4)

The board of adjustment shall reasonably consider and may require the establishment of appropriate hours of operation for the proposed use should they determine such limitation to be appropriate in order to protect, maintain or promote the general public health, safety and welfare.

(5)

The board of adjustment shall consider and may require any additional relevant time, place and manner conditions or restrictions as may be deemed appropriate for the location sought for due cause in order to protect, maintain or promote the general public health, safety and welfare. Such due cause shall be noted as a finding of fact and shall be included in the record of the final disposition of the application.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-001, §§ 4, 5, 3-11-2021; Ord. No. 2021-04-12, 6-17-2021)

(a)

Maximum height limit. The maximum height limit shall be 38 feet, plus a freeboard limit of three feet, where applicable, as measured by the vertical distance from the mean adjacent elevation at the building site to the highest peak of the roof. Such elevation shall be determined after site filling and leveling is done and prior to the issuance of a building permit.

(b)

Minimum dwelling unit size. The minimum dwelling unit size shall be 1,200 square feet for single-family dwellings and 900 square feet per unit for duplex and multifamily dwelling units.

(c)

Lot coverage. Lot coverage, including hardened surfaces, shall not exceed 35 percent of gross lot area in all districts, with the exception of commercial structures constructed in the B-1 zoning district, provided the applicant can demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 35 percent limitation.

(d)

Density.

(1)

In the PRD-1 district, the maximum density calculated based upon net buildable area shall be 15.4 units per acre for multiple-family development and 8.7 housing units per acre for single-family development.

(2)

In the PRD-2 district, the maximum density calculated based upon net buildable area shall be 2.9 units per acre.

(e)

Setback encroachments.

(1)

Elevators, liftavators, and other mechanical devices for elevating people and cargo may encroach into any required setback not more than 30 inches.

(2)

Flagpoles, mailboxes, bicycle parking, lamp, and address posts are not subject to setback requirements.

(3)

Fences or walls, ornamental entry columns, and gates may extend into or be located in any required setback in accordance with subsection 16-91(c).

(4)

Beach access structures, oceanfront gazebos, pedestrian access walkways, and similar appurtenances in compliance with CAMA regulations are not subject to setback requirements.

(5)

Retaining walls of not more than three feet high, as measured from the lowest ground elevation to the top of the wall, are not subject to setback requirements.

(6)

Signs may extend into or be located in any required setback in accordance with section 16-96.

(7)

Sills, cornices, eaves, gutters, heating and air conditioning units, and similar items may project into any required setback not more than 30 inches.

(8)

Uncovered decks and uncovered porches may project one-half the distance into any required rear setback in the R-1, R-2, R-3, and R-4 districts.

(9)

Uncovered steps may project into the front and rear setback by one-half of the setback requirement to adjust for the increased height above base flood elevation.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2024-008, 8-14-2024)

(a)

General. The purpose of this section is to provide consistent development standards for application throughout the town.

(b)

Fill, grading, and excavation.

(1)

No lot, parcel, or tract of land may be disturbed by grading, filling, and excavation without a town fill and grade permit.

(2)

Permits for fill and grade shall be accompanied by a scaled grading plan depicting elevation change prepared by a licensed surveyor, landscape architect, or professional engineer. When fill is not proposed in excess of four inches, a scaled grading plan is not required. However, a sketch should be submitted to depict areas of proposed fill, grading, or excavation.

(3)

The amount of fill added to a lot shall not be greater than one foot above the crown of the highest adjoining street or access easement. However, an additional one foot of fill, not to exceed a maximum of two feet above the crown of the highest adjoining street or access easement, may be added provided it is demonstrated through a coastal engineering analysis that the proposed fill would not result in any increase in the base flood elevation and not cause any adverse impacts by wave ramping or deflection to the subject structure or adjacent properties.

(4)

Fill that is necessary to meet any county environmental health department or town/NCDEQ stormwater permit requirement may exceed the one foot limit. In which case, fill shall only be allowed to the minimum extent necessary to obtain a permit.

(c)

Corner visibility. No planting, fence or other obstruction to visibility of vehicles shall be erected, maintained or allowed to exist within the range of three to seven feet above street level when located within 15 feet of the edge of pavement at the intersection of a corner lot.

(d)

Fences and walls.

(1)

No fence or wall shall be erected without the issuance of a zoning permit.

(2)

A property owner may erect an ornamental fence or wall on his own property.

(3)

No fence or wall can be erected across or on any public or private street, alley or highway right-of-way or within a site triangle.

(4)

No barbed wire or sharp materials are allowed.

(5)

No fence or wall shall exceed four feet in height within a front yard and eight feet within a side or rear yard, unless specifically required by this chapter.

(6)

Fence height limits shall not apply to electric/gas substations, water/sewer treatment plants or facilities, outdoor storage areas, municipal water storage facilities, waste treatment facilities, public recreation facilities, or sports courts.

(7)

No fence which is less than 85 percent open (transparent) at a height of greater than two feet shall be erected closer than ten feet to the paved portion of any street or highway.

(8)

Retaining walls shall not exceed three feet in height unless a certification letter is submitted by a licensed professional engineer stating compliance with state building code requirements.

(e)

Underground electrical. New construction of principal structures shall provide for underground installation of utilities from all utility poles, including telephone, electric power, TV, cable, and gas lines.

(f)

Stormwater runoff. All development or land disturbance shall comply with the stormwater requirements provided in chapter 6: buildings and building regulations, section 6-59: plans and specifications.

(g)

Coastal construction limit line. The coastal construction limit line or CCL is the seaward limit of construction for habitable structures and associated decking for ocean front properties. The CCL was developed using sight lines from existing structures and structures under construction observed in the rectified aerial photography flown in May 2023 as part of the annual beach monitoring surveys. The CCL is defined by the attached NC State Plane Coordinates, NAD83 (3200).

(1)

No habitable structure and/or associated primary deck, whether attached, detached, or cantilevered, may be constructed or enlarged seaward of the coastal construction limit line or the CAMA oceanfront setback line, whichever is most restrictive.

(2)

No structures allowed by CAMA within the oceanfront setback shall extend past the auxiliary structures limit line, except for post and rope path rails through the frontal dune.

(3)

Post and rope path rails shall not extend past the first line of stable vegetation on the seaward side of the frontal dune as defined by CAMA.

(4)

The auxiliary structures limit line. The auxiliary structures limit line or ASL is the seaward limit of construction of structures allowed by the Coastal Area Management Act (CAMA) within the oceanfront setback as defined by 15A NCAC 07H.0306. The ASL was developed using sight lines from existing structures and structures under construction observed in the rectified aerial photography flown in May 2023 as part of the annual beach monitoring surveys. The ASL is defined by the attached NC State Plane Coordinates, NAD83 (3200).

Coastal Construction Limit Line (CCL)

Zone 3200 NAD83 NC State Plane Coordinates

Auxiliary Structure Limit Line (ASL)

Zone 3200 NAD83 NC State Plane Coordinates

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2022-008, 10-12-2022; Ord. No. 2024-006, 8-14-2024)

(a)

Street access and permanent access easements.

(1)

No building shall be erected on a lot which does not abut a street or have access to a public street by means of an unobstructed permanent access easement of record or private street (new private streets shall not be created). For the purposes of this chapter, an easement of record shall mean that the easement is recorded in the county register of deeds office and made a part of the deed for the property it is on. Such easement of record shall only be permitted in those situations in which access is provided to second tier and third tier lots and shall serve no more than four lots. Permanent access easements of record shall be constructed and maintained in accordance with the following standards:

a.

The width of such easements shall be no less than 15 feet. It shall be the responsibility of the property owner(s) to ensure that the entire width of the easement shall be kept free and clear of obstructions at all times. This includes vegetation, vehicles, structures and other objects which in any manner obstruct any access or egress over and across such easement area.

b.

All permanent access easements shall be surfaced to a minimum width of 12 feet. Surfacing material must be capable of supporting the weight of emergency vehicles as set forth in the state building code.

c.

One vehicle turnaround area shall be provided in conjunction with each structure located on a second or third tier lot. Such turnaround area shall be immediately adjacent to the access easement and constructed in accordance with the following specifications:

1.

Turnaround areas shall be located within 100 feet from the structure which they are intended to serve.

2.

The width of the turnaround area at the point where it adjoins the access easement shall be a minimum of 30 feet.

3.

The depth of the turnaround area (measured from the closest edge of the access easement to the back of the turnaround) shall be a minimum of 25 feet.

4.

The width of the turnaround area at its furthermost point from the closest edge of the access easement shall be a minimum of 20 feet.

(b)

Emergency vehicle access.

(1)

Emergency vehicle access to be kept clear of obstructions. The owner of every lot upon which a building is situated shall provide a means of emergency vehicle access to said building. Access to all buildings shall be kept clear of obstruction in the manner set forth in this section.

(2)

Obstruction. Obstruction as used in this section means all forms of natural or man-made obstructions, impediments, and hindrances to emergency vehicle ingress and egress. Obstruction includes, but is not limited to, trees, bushes, vegetation, gates, fences, poles, signs, utility service lines and other similar items, and objects of all kinds.

(3)

Area above access. No obstruction may be placed or allowed to remain in the area 12 feet above the vehicle access surface for the entire length of the access.

(4)

Area of access width. Access width must be at least 12 feet for the entire length of the access and shall be continuous so as to permit an emergency vehicle to drive the entire length of the access. The width distance shall be measured from a point on an edge of such access to a point immediately perpendicular from said point toward the other edge of the access. No obstruction may be placed or allowed to remain within the 12 feet of access width.

(5)

Area access to be kept clear. The area above the access and the width of the access shall be maintained free and clear of obstruction at all times at a minimum height and width of 12 x 12 linear feet

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

(a)

General.

(1)

It is the intent and purpose of these regulations to provide accessible, attractive, and well maintained parking facilities for the citizens and the visitors of the town.

(2)

Each application for a zoning permit or a certificate of occupancy shall include information as to the location and dimensions of off-street parking 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 the requirements of this section are met.

(b)

Vehicle storage.

(1)

Residential districts. Only vehicles intended for personal use shall be parked or stored on any property zoned for residential use. No storage of commercial inventory whatsoever shall be permitted and no inoperative vehicle shall be permitted to be parked or stored out of doors longer than 30 days. Commercial trucks or vans driven home by employees must be parked in a garage, carport, or, driveway.

(2)

Nonresidential districts. Customer and employee parking is permitted along with the parking and storing of governmental or commercial vehicles, in any nonresidential district. Inoperative vehicles shall only be permitted to be parked or stored while undergoing repairs at an automobile service station.

(3)

Recreational vehicles. Recreational vehicles may be parked/stored on the owner's property in a designated parking space. It shall be unlawful for any person to park or allow to be parked, any motor home pickup truck camper, travel trailer and/or camper for the purpose of habitation overnight upon any public or private property within the town limits.

(c)

Shared parking.

(1)

Those wishing to use shared parking as a means of satisfying off-street parking requirements must submit a shared parking analysis to the zoning administrator that clearly demonstrates the feasibility of shared parking. The study must address, at a minimum, the size and type of the development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. A shared parking plan will be enforced through written agreement among all owners of record. An attested copy of the agreement between the owners of record must be submitted to the zoning administrator and submitted to the county register of deeds for recordation. Recordation of the agreement must take place before issuance of a zoning permit or certificate of occupancy for any use to be served by the off-street parking area.

(2)

Parking spaces which are reserved for that specific business (e.g., reserved for manager only) shall not be counted toward meeting the above parking requirements, except for those spaces designated and marked for use only by handicapped persons.

(3)

The maximum reduction in the number of parking spaces required for all uses sharing the parking area shall be 50 percent.

(4)

The planning board shall evaluate and may approve or deny the shared parking analysis and agreement.

(d)

Parking lot design.

(1)

Where parking lots for more than 15 cars are permitted or required, the following provisions shall be complied with:

a.

The lot may be used only for parking unless otherwise permitted by this chapter, but shall not preclude convention exhibits or parking of rental vehicles.

b.

All entrances, exits, barricades at sidewalks and drainage plans shall be approved and constructed before occupancy.

c.

A strip of land five feet wide adjoining any residential zoning district shall be reserved as open space, guarded with wheel bumpers and planted with evergreen shrubs at three feet separation at a minimum of three feet in height at time of planting.

d.

Any lighting of parking areas shall be shielded so as to cast no light upon adjacent properties and streets or oceanfront.

(e)

Minimum off-street parking requirements.

(1)

For purposes of this chapter an off-street parking space shall be no less than nine feet wide and 18 feet long, plus adequate ingress and egress provided for each off-street parking space.

(2)

The number of exclusive off-street residential parking spaces required by this section shall be provided on the same lot with the principal use and the required number of off-street parking spaces specified for each use shall be considered as the absolute minimum.

(3)

Off-street parking spaces required for uses within the nonresidential districts must be provided within 1,000 feet of the use for which they are required, and they must be located on a lot within a nonresidential district.

(4)

In the B-1 zoning district, for nonresidential uses, where on-street or public parking facilities are located within 750 linear feet of a proposed use, the minimum off-street parking requirement may be reduced by 50 percent.

(5)

In the case of mixed uses (an establishment comprised of more than one use; e.g., restaurant and hotel), which may include a principal and accessory use, the total requirements for off-street parking shall be the sum of the requirements of the various uses computed separately and the off-street parking space for one use shall not be considered as providing the required off-street parking for any other use, except as provided for in the shared parking criteria in this article.

(6)

For uses that do not correspond to the use types listed in table 16.4.4, minimum off-street parking spaces required, the zoning administrator shall determine the minimum parking space requirement. In such instances, the applicant shall provide adequate information for review, which includes, but is not limited to the type of use(s), number of employees, the occupancy of the building, square feet of sales, service and office area, parking spaces proposed, and hours of operation.

(7)

Handicapped parking spaces shall be in accordance with the regulations set forth by the Americans with Disabilities Act and shall be identified by appropriate signage. The minimum number of spaces shall be provided in accordance with the state building code.

(8)

Fractional space requirements shall be rounded up to the next whole space.

Table 16.4.4: Minimum Off-Street Parking Required

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

(a)

General. Where a proposed nonresidential use, in a nonresidential district, adjoins a residential zoning district a buffer shall be installed in accordance with the minimum specifications provided herein.

(b)

Minimum specifications. A minimum five foot wide planting strip shall be installed along the adjoining property line of a nonresidential use, in a nonresidential district, adjacent to a residential district. The buffer planting strip shall be planted with evergreen shrubs with a maximum of three feet of separation at a minimum of three feet in height at time of planting. Once erected, a buffer shall be properly maintained. The construction and maintenance of a buffer shall be the responsibilities of the landowner or developer.

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

Within the maritime forest overlay district (subsection 16-84(a)), vegetation contained within the zoning setbacks with a diameter of three inches at breast height or less may be removed without a permit. Vegetation larger than three inches shall remain. The area of disturbance shall be limited to the area of the lot contained within the front, rear, and side yard setbacks of the underlying zoning district, except for limited driveway access, stormwater drainage system, and an approved septic tank system.

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

(a)

General. Sign regulations are established to restrict signs and lights which overload the public's capacity to receive information, which violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision. Such regulations are also designed to encourage signing and lighting which aid orientation and identify activities, and which reduce conflict among private and public environmental information systems.

(b)

Approval procedures.

(1)

No sign of any type or any part thereof shall be erected, painted, repainted, posted, reposted, placed, replaced or hung in any zoning district, except in compliance with these regulations.

(2)

Signs requiring a permit shall not be erected or displayed without issuance of a sign permit from the zoning administrator.

(3)

Each application for a sign permit shall be accompanied by plans which:

a.

Indicate the proposed site by identifying the property by ownership, location and use;

b.

Show the location of the sign on the lot in relation to property lines and buildings, zoning district boundaries, right-of-way and existing signs; and

c.

Show size, character, complete structural specifications and methods of anchoring and support.

(4)

Sign plans shall generally be drawn to scale. Hand sketches on a parcel map may be submitted to identify the location of signs.

(5)

Signs proposed for illumination must comply with the submittal requirements as outlined in chapter 6: building regulations, section 6-241.

(6)

If conditions warrant, the zoning administrator may require such additional information as will enable him or her to determine if such sign is to be erected in conformance with this chapter. The zoning administrator shall inspect the sign after installation for compliance with this article.

(c)

Signs not requiring a permit. The following types of signs may be erected and/or displayed without issuance of a sign permit subject to the following regulations:

(1)

Signs unlighted, not exceeding three square feet in area and bearing only property numbers, mail box numbers, and the name of the owner or occupant of the premises. If more than one sign or nameplate is required, the total allowable sign area shall not exceed nine square feet. Such signs are intended for identification and emergency management purposes.

(2)

Flags and insignia of any government and flags of historical note, religious flags, military flags, and flags of social and political causes, except when displayed in connection with commercial promotion.

(3)

Holiday decorations in season.

(4)

Legal notices and warnings, regulatory, informational or directional signs erected by any public agency, institution or utility.

(5)

Integral decorative or architectural features of buildings, including signs which denote only the building name, date of erection or street number. Such signs shall be permitted as exemptions when cut into any masonry surface or implanted with a metal plate.

(6)

Signs directing and guiding traffic and parking on private property, the total allowable sign area shall not exceed three square feet.

(7)

The act of changing advertising copy of messages on any sign designated for the use of replaceable copy.

(8)

Temporary signs in accordance with subsection 16-96(d).

(9)

Signs attached to a pier, dock, or private beach walkover or attached to a residential structure displaying the words "private property" shall be limited to one sign per structure no larger than one square foot. Signs attached to a beach walkover on a vacant lot shall be limited to two signs per beach walkover and shall be restricted to one sign for each access of the beach walkover.

(d)

Temporary signs. The following signs of a temporary nature may be erected and/or displayed without issuance of a sign permit subject to the following regulations:

(1)

Fence-wrap signs affixed to fences surrounding a construction site may be allowed in accordance with G.S. 160D-908.

(2)

One construction sign may be erected on a site during the period of construction or reconstruction of a building or other similar project with a valid building permit. The sign shall not be illuminated and shall be removed within two days after the construction work has been completed. The maximum size of a construction sign shall be as follows:

a.

In residential districts, eight square feet.

b.

In nonresidential districts, one square foot of sign area for each five lineal feet of property abutting a public street. In no instance, however, shall any such sign exceed 32 square feet in area.

(3)

Temporary signs in nonresidential districts. Signs, not to exceed eight square feet, may be displayed on the premises for a period not to exceed 28 days in a 12-month period.

(4)

Window signs in nonresidential districts. Temporary signs painted or displayed on the interior or exterior of nonresidential use windows, provided, however, such signs shall not exceed 25 percent of the total window area.

(5)

Sandwich board signs in nonresidential districts. One sandwich board sign shall be allowed per business. Sandwich boards shall not exceed eight square feet in size per side and four feet in height, shall be placed at least three feet from the edge of the white line or edge of pavement when white line is not present, may be located in front of the property of the business advertised, and shall only be displayed during business hours of the business advertised.

(6)

Temporary right-of-way signs. Temporary right-of-way signs may be in place for up to seven days for six times per year with a minimum seven day separation subject to adjoining property owner permission.

(7)

Political sign placement and duration shall be in accordance with G.S. 136-32 in the NCDOT right-of-way. During the period beginning on the 30th day before the beginning date of "one-stop" early voting under G.S. 163-227.2 and ending on the tenth day after the primary or election day, subject to the following provisions:

a.

Right-of-way sign placement. A person must obtain the permission of any property owner of a residence, business, or religious institution fronting the right-of-way where a sign would be erected. Signs must be placed in accordance with the following:

1.

No sign shall be permitted in the right-of-way of a fully controlled access highway.

2.

No sign shall be closer than three feet from the edge of the pavement of the road.

3.

No sign shall obscure motorist visibility at an intersection.

4.

No sign shall be higher than 3.5 feet above the edge of the pavement of the road.

5.

No sign shall be larger than six square feet.

6.

No sign shall obscure or replace another sign.

7.

Within the town right-of-way, signs shall only be allowed in the nonresidential districts.

b.

Private property sign placement. Signs shall be permitted during the period beginning on the 30th day before the beginning date of "one-stop" early voting under G.S. 163-227.2 and ending on the tenth day after the primary or election day and shall be limited to six square feet in size per lot.

(8)

Any temporary sign found to be in violation of these provisions shall be removed by the town immediately. The owner shall also be responsible for all costs incurred by the town during confiscation of such sign. The owner of any sign found to be in violation of these provisions shall be notified by the town, as feasible, when such sign is confiscated. Any sign not claimed by the owner within 30 days of the date of notification shall be disposed of by the town in any manner it deems appropriate. Any owner so notified shall have the right to reclaim the sign within 30 days of receipt of notification of the confiscation of the sign, upon payment of the costs incurred by the town.

(e)

Real estate signs. The following signs of a temporary nature may be erected and/or displayed without issuance of a sign permit subject to the following regulations:

(1)

One sign not exceeding eight square feet in area for individual lot/home or one sign not exceeding 16 square feet in area for a large project development (nonresidential development or residential project with four or more lots or units) may be placed on property that is for sale. In addition to a for sale sign, a rental sign not exceeding four square feet in area may be placed on the structure itself. When the property for sale or rent fronts on more than one street or on the sound, one for sale sign and an additional rental sign shall be allowed on each street frontage or sound frontage. Real estate signs are prohibited on the ocean and canal frontage of properties.

(2)

On sound front property, one for sale and one for rent sign shall be allowed to be affixed to a dock or deck.

(3)

Real estate signs shall not be illuminated or reflectorized. Real estate signs shall be no closer than ten feet to the edge of the pavement or road surface. One off-premises directional sign shall be permitted up to 14 days for six times per year with a minimum seven day separation subject to adjoining property owner permission.

(4)

All real estate signs shall be removed from the property within 30 days after such property is purported to be sold or bartered. For enforcement purposes, the 30-day period shall commence on the date upon which a sign or banner denoting that the property transaction has taken place first appears on the property (i.e., when a "sold" sign or banner appears on a "for sale" sign). All signs or banners denoting that a property transaction has taken place shall be clearly and legibly marked with the date upon which such sign or banner was placed on the property. The date of placement shall be marked clearly and legibly on or about such sign or banner.

(f)

Nonresidential district signs (B-1 and B-2). Within the nonresidential districts, the following types of signs shall be permitted subject to issuance of a sign permit:

(1)

One permanent, freestanding sign is permitted for each lot within a nonresidential district containing a nonresidential use. Any such sign shall not exceed a height of 30 feet or 32 square feet in sign area per side. Where two or more nonresidential uses are located on one lot, such sign may be increased in size by a maximum of eight square feet in sign area per side. In no case shall more than one freestanding sign be located on any one lot.

(2)

Permanent wall signs shall be permitted for each separate nonresidential use provided the total allowable wall sign area for all signs shall not exceed one-half square foot for each lineal foot of road frontage facing a public street. One such sign is permitted for each frontage on a public street. Wall signs shall in no case project higher than the eave of the building or 30 feet, whichever is lower. Wall signs shall not be placed on the roof.

(3)

One sign per nonresidential use may be suspended from or attached to the underside of a canopy or marquee, provided such sign does not exceed six square feet in area and maintains a clear distance of at least 7.5 feet between the sidewalk or ingress/egress and the bottom of the sign.

(4)

Any nonresidential use located along a shoreline may erect one sign no larger than 32 square feet on the shoreline side of the establishment. Such sign must be attached to an existing structure such as the principal building, a pier or other permanent structure and shall not extend above the height of any structure to which it is attached or 30 feet, whichever is lower.

(5)

No part of any freestanding sign in the B-1 district shall be located in any public right-of-way or closer than three feet from any property line. No part of any freestanding sign in the B-2 district shall be located in any public right-of-way or 15 feet from any other property line.

(6)

No freestanding signs shall be placed in a nonresidential district closer than 20 feet from any residential district.

(g)

Residential district signs (R-1, R-2, R-3, R-4, PRD-1, PRD-2). Within the residential districts, the following types of signs shall be permitted subject to issuance of a sign permit:

(1)

Permanent identification signs for subdivisions and residential developments not exceeding ten square feet in area. One sign may be erected at each major entrance to the subdivision, but shall be located on private property no closer than ten feet to any property line. No sign shall exceed six feet in height above ground level. Illumination of signs is prohibited.

(2)

One permanent identification sign for multifamily residential developments may be erected at each major entrance to the property. Such signs shall not exceed ten square feet in area and may be flat-mounted against the wall of an apartment building or freestanding. If freestanding, such sign shall be set back so that no part of the sign shall be closer than ten feet to any public right-of-way or property line and shall not exceed six feet in height above ground level. Illumination of signs is prohibited.

(3)

One freestanding sign and one wall sign for nonresidential uses permitted as a matter of right may be erected on the premises, provided such signs do not exceed ten square feet in area. Such sign shall be set back so that no part of the sign shall be closer than ten feet to any public right-of-way or property line and shall not exceed six feet in height above ground level. Illumination of signs is prohibited.

(h)

Illumination. Where illuminated signs are permitted, they shall conform to the following requirements:

(1)

All signs illuminated shall comply with the provisions of chapter 6: buildings and building regulations, article VI: lighting.

(2)

Signs which contain, include, or are lighted by any flashing, intermittent or moving lights are prohibited, except those giving public information such as time, temperature, date, traffic control and public safety.

(3)

Interior illumination. Where the source of illumination is from within the sign itself, it shall be such that the illumination emanating from the sign is diffused.

(4)

Exterior illumination. Where the source of illumination is provided by such devices as, but not limited to, floodlights or spotlights, shall be so placed and so shielded as to prevent the direct rays of illumination from being cast upon neighboring lots and/or vehicles approaching on a public way in any direction. Bottom-mounted outdoor advertising-sign lighting shall not be permitted.

(5)

Flame and external neon tubes as a source of light is prohibited.

(i)

Prohibited signs. Unless otherwise permitted, the following signs are prohibited:

(1)

Signs advertising an activity, business, product or service no longer conducted on the premises upon which the sign is located.

(2)

Feather flags.

(3)

Signs with flashing lights with the exception of flashing lights used for traffic control and public safety.

(4)

Off-premises advertising structures or billboards.

(5)

Mobile billboards.

(6)

Vehicles utilized as advertising, unless parked on site of establishment and not located within the public right-of-way.

(7)

Wind-driven signs or signs constructed of materials that may spin, rotate, or move as a result of wind or air movement.

(8)

Roof signs.

(9)

Projecting signs and freestanding signs located within a public right-of-way, except when erected by a government agency.

(10)

No sign shall be attached to or painted on any telephone pole, telegraph pole, power pole or other manmade object not intended to support a sign, or to any tree, rock or other natural object, except as specifically authorized herein.

(11)

No sign shall be located between the high-water mark of the western shore of the town west to the intracoastal waterway/town limits.

(12)

No sign shall be erected within any dune system or within the C-1, C-2 and C-4 zoning district(s).

(j)

Maintenance and removal of unsafe signs. All signs of any nature shall be maintained in a state of good repair. No sign shall be allowed to remain which becomes structurally unsafe, hazardous or endangers the safety of the public or property. Upon determining that a sign is structurally unsafe, hazardous or endangers the safety of the public or property, the zoning administrator shall order the sign to be made safe or removed subject to the following provisions:

(1)

The owner of the sign, the occupant of the premises on which the sign or structure is located, or the persons or firm maintaining the same shall, upon written notice by registered or certified mail from the zoning administrator, forthwith in the case of immediate danger and in any case within ten days, secure or repair the sign or structure in a manner approved by the zoning administrator or remove it.

(2)

If such order is not complied with within ten days, the zoning administrator shall remove the sign at the expense of the owner or lessee thereof. No sign shall be erected or maintained in such a manner that any portion of its surface or its supports will interfere in any way with the free use of access to any fire escape, exit or standpipe, or so as to obstruct any window so that light or ventilation is reduced below minimum standards required by any applicable law or building code.

(3)

Whenever a sign has been abandoned, advertises an activity, business, product or service no longer conducted on the premises or is erected in violation of the provisions of this section, the zoning administrator shall cause such sign to be removed or brought into compliance in accordance with the method prescribed for nonconforming signs in subsection 16-97(h): nonconforming signs.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2020-005, §§ 1, 2, 9-9-2020; Ord. No. 2021-04-12, 6-17-2021; Ord. No. 2024-011, 12-11-2024)

(a)

General. There are existing uses of land, structures, lots of record, signs, and site features that were lawfully established before the effective date of this chapter or a subsequent amendment thereto, that now do not conform to standards and requirements of this chapter. Such uses, structures, lots, signs, and site features are collectively referred to as "nonconformities." The purpose and intent of this section is to allow nonconformities to continue to exist, but to regulate their continued existence and limit their expansion so as to bring them into conformity to the extent that is reasonably practicable.

(b)

Continuation—Repair and maintenance.

(1)

Continuation. Nonconformities are allowed to continue in accordance with the requirements of this article.

(2)

Maintenance allowed. Nonconformities are allowed and encouraged to receive minor repairs and routine maintenance that are necessary to maintain the nonconformity and its surroundings in a safe condition and to protect against health hazards.

(3)

Strengthening allowed. Nothing in this chapter shall prevent the strengthening or restoration to a safe or lawful condition of any part of any building or structure declared unsafe or unlawful by the town's building inspector.

(4)

Change of ownership/tenancy. No change of title or possession or right to possession of property involved with a nonconformity shall be construed to prevent the continuance of such nonconformity.

(c)

Nonconforming lots of record. Lot not meeting minimum lot size requirements. Any lot of record existing as of the effective date of this chapter that has dimensions and area requirements which are less than required by the district in which it is located, may be used as a building site for any permitted use in that district subject to compliance with all required setbacks and all other applicable development standards.

(d)

Nonconforming structures (dimensional nonconformity). Where a lawfully established principal structure, accessory structure, fence, wall, pier, dock, deck, staircase, driveway or similar structure exists as of the effective date of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful and compliant with all other state or federal regulations, including substantial damage/improvement flood damage prevention ordinance regulations, subject to the following provisions:

(1)

Nonconforming structures subject to damage by fire, explosion, tornado, earthquake, hurricane or similar uncontrollable cause may be reconstructed in the same location and with the same footprint as existed prior to damage. In no instance shall replacement of a nonconforming structure increase the nonconformity or result in a larger structure than existed prior to damage.

(2)

Nonconforming structures with maintenance and repair needs may be replaced in the same location and with the same footprint in accordance with a previously approved site plan or building permit, as applicable; in the same location and up to the same dimensions as originally existed; or in compliance with the current dimensional requirements.

(e)

Nonconforming uses. The lawfully established use of buildings or premises existing as of the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter, and nonconforming uses therein changed subject to the following regulations:

(1)

A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this chapter, was manifestly designed or arranged to accommodate such use. However, a nonconforming use may not be extended to additional buildings or to land outside the original building.

(2)

A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming.

(3)

Nonconforming single-family and two-family residential dwelling uses may be expanded or replaced in accordance with required dimensional requirements of the district in which it is located. See subsection 16-97(d) for dimensional nonconformities related to a single-family or two-family residential structures.

(f)

Abandonment and discontinuance of nonconforming uses.

(1)

When a nonconforming use is discontinued for a consecutive period of 90 days for any reason other than destruction/repair, the property involved may thereafter be used only for conforming purposes. Seasonal closing shall not be construed as a discontinuance of use. This section shall not apply to single-family and two-family dwellings.

(2)

For purposes of determining whether a right to continue a nonconforming use is lost pursuant to this section, all of the buildings, activities and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building for 90 days shall not result in the loss of the right to rent the apartment so long as the apartment building as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the period shall terminate the right to maintain it thereafter.

(g)

Nonconforming site features. For purposes of this section, the term "nonconforming site features" includes off-street parking and buffers subject to the following provisions:

(1)

Nonconforming off-street parking. Within the B-1 and B-2 zoning district, where an application is filed for a change of use or redevelopment whereby the floor area of the building is expanded by greater than 25 percent, additional off-street parking required shall be calculated based on the increase in square footage in floor area of the expanded building. Where the floor area dedicated to a use within an existing building is not to be expanded by greater than 25 percent then no additional parking is required. See subsection 16-93(e) and table 16.4.4 for more information. In residential districts, nonconforming off-street parking shall be brought into full compliance if an application is filed for a building permit (including mechanical, electrical, HVAC, or other typical permit) for the expansion of a structure whereby the improvements total more than 50 percent of the assessed value as provided in the county tax listing.

(2)

Nonconforming buffers. In nonresidential districts nonconforming buffers shall be brought into full compliance if an application is filed for a building permit (including mechanical, electrical, HVAC, or other typical permit) for the expansion of a structure whereby the improvements total more than 50 percent of the assessed value as provided in the county tax listing.

(h)

Nonconforming signs. A lawfully established sign existing as of the effective date of this chapter may be continued although such sign does not conform to the provisions of this chapter. Minor repairs and routine maintenance of nonconforming signs is permitted and encouraged subject to the following provisions:

(1)

No nonconforming sign shall be structurally altered as to change the shape, size, type or design of the sign, nor shall any nonconforming sign be relocated.

(2)

No nonconforming sign shall be allowed to remain after the activity, business or use to which it relates has been discontinued.

(3)

Any nonconforming sign which is destroyed or damaged more than 50 percent of its estimated value must be replaced with a sign conforming to the requirements of this section.

(4)

A nonconforming sign may not be replaced or repaired whereby more than 50 percent of its value will be expended on replacement or repair.

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