Wrightsville Beach City Zoning Code
ARTICLE 155
9 PERFORMANCE STANDARDS
Section 155.9.1 Off-Street Parking Requirements.
There shall be provided at the time of the erection of any building, or at the time any principal building is enlarged or increased in capacity by adding dwelling units, guest rooms, seats, or floor area, permanent off-street parking space in the amount specified by this section. Such parking space may be provided in a parking garage or properly graded open space that complies with the standards for parking established in this section.
155.9.1.1 Certification of Minimum Parking Requirements. Each application for a building permit or certificate of zoning compliance submitted to the UDO Administrator as provided for in this Ordinance shall include information as to the location and dimensions of off-street parking and the means of entrance and exit to the space. This information shall be in sufficient detail to enable the UDO Administrator to determine whether or not the requirements of this section are met. In the case of mixed use developments, the total required off-street parking or loading space shall be the sum of the requirements for the various uses computed separately except for as provided below.
(A) Up to one-half of the parking spaces required for one use in a mixed use development may be used to satisfy the parking requirements for a second use within the proposed development, subject to certification by the Board of Aldermen that such joint usage parking complies with the following provisions:
(1) The peak usage of the parking facility by one use will be at night or on Sundays and the peak usage of the parking facility by the second use will be at other times as provided in subsection 155.9.1.2; and
(2) The second use is ancillary to the first use, such as restaurants and meeting rooms to hotels and motels.
(B) Minimum parking requirements for a mixed use development may be reduced by the Board of Aldermen if a traffic/parking study is submitted to demonstrate and the Board of Aldermen finds that:
(1) Sidewalks, bicycle facilities, transit service, and transit amenities are in place such that together with the number of parking spaces that are proposed, transportation is adequately served or the commercial establishment(s) existing or previously existing on the subject property have historically utilized on-street public parking for a significant portion of customer parking and there is sufficient on-street public parking available within a 400-foot radius of the mixed-use development to meet the demand for the commercial component of the mixed-use development; and provided the commercial component of the mixed use in the proposed project is equal to and not less than 100% of the previous commercial use as determined by heated square footage; and
(2) Reduction of the minimum parking requirements will not be injurious to the general health, safety, and welfare.
155.9.1.2 Combination of Required Parking Space. The required parking space for any number of separate uses may be combined in one lot but the required space assigned to one use may not be assigned to another use. However, one-half of the parking space required for churches, theaters, or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sunday mornings until 12:00 noon.
155.9.1.3 Bicycle Rack Requirements. For all parking lots containing 20 or more spaces, bicycle racks which accommodate at least five bicycles shall be installed. The final location of the bicycle rack shall be determined by the UDO Administrator or his/her designee.
1. Parking lands shall be physically improved, landscaped, properly surfaced, marked, or otherwise designated and shall conform to the town standards as the parking area located on the lands on which the use is situated.
(B) Lighting. Any lighting shall be so arranged as to direct light and glare away from streets and adjacent property (see Article 155.9, Part III).
(C) Sidewalks. Paved sidewalks, per town specifications, shall be provided at the owner's expense.
(D) All parking lots shall observe the following yard requirements:
(1) Minimum front yard - five feet
(2) Corner lots, minimum side yard - five feet
(E) Bumpers. The required yards shall be set off from parking areas by one noncontinuous stationary bumper for each parking space abutting a yard; bumper shall be not less than five inches or more than 12 inches high.
(F) Separation of Bumper and Walkways. In the event any parking stall abuts a walkway, there shall be a space of 3.5 feet between the wheel bumper and the edge of the walkway.
(G) Drainage. Parking lots shall not drain onto or across public sidewalks or into adjacent property except into a drainage easement. Parking lots with 15 or more spaces shall require a six inch curb and gutter and/or best management practice low impact development (LID) system designed by a licensed landscape architect or professional engineer. In already developed areas where this condition would be impossible to meet, the Board of Aldermen, upon review and recommendation by the UDO Administrator, may exempt this requirement provided that adequate provision is made of drainage.
(H) Twenty-five percent of all parking spaces may be established as compact parking stalls. The dimensions for standard and compact parking stalls are outlined in subsection 155.9.1.7.
(I) Paved parking areas shall have lines demarcating each parking space.
(J) On-street parking may be used to satisfy parking requirements on streets.
(K) Landscaping shall be provided as specified in Article 155.9, Part IV.
(L) Off-street parking areas shall be designed:
(1) To facilitate adequate movement and access by sanitation, emergency, and other public service vehicles.
(2) So that parked vehicles do not encroach upon, extend into, or cause vehicles to back into public rights-of-way, sidewalks, or strike against or damage any wall, vegetation, utility, or other structure.
(M) Larger lots (15 or more spaces) shall be broken up through the establishment of landscaped islands and buffers per the requirements of Article 155.9, Part IV.
(N) Off-street parking area shall be properly maintained in all respects. In particular, and without limiting the foregoing, off-street parking area surfaces shall be kept in good condition (free from potholes, etc.) and parking space lines or marking shall be kept clearly visible and distinct.
(O) Handicapped Parking Requirements
(1) Handicapped parking spaces shall be in accordance with the regulations set forth by the Americans with Disabilities Act (ADA), NC Department of Transportation (NCDOT), and NC Division of Motor Vehicles (NCDMV) ADA requirements. All handicapped spaces shall be identified by pavement markings and appropriate signage approved by the NCDOT. Handicapped parking shall be required on all multi-family and non-residential sites.
(2) Handicapped parking spaces shall be located in closest proximity to major building entrances, but in no event shall such spaces be located more than 100 feet from a major building entrance.
(3) Handicapped parking spaces shall be a minimum of eight feet in width by 20 feet in length and shall have an adjacent access aisle that has a minimum width of five feet. Two accessible parking spaces may share a common access aisle.
(4) The minimum number of accessible spaces to be provided for all multi-family and nonresidential sites is as follows:
Total Number of Spaces in the Lot | Minimum Number of Accessible Spaces |
Total Number of Spaces in the Lot | Minimum Number of Accessible Spaces |
1 to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 to 150 | 5 |
151 to 200 | 6 |
201 or more | 7 plus one for every 100 spaces over 100 |
(5) The number of accessible spaces shall be in addition to those required by the minimum parking ratios.
(6) All spaces for the disabled shall have access to a curb-ramp or curb-cut when necessary to allow access to the building served, and shall be located so that users will not be compelled to wheel behind parked vehicles.
(7) Parallel parking spaces for the disabled shall be located either at the beginning or end of a block or adjacent to alley entrances. Elective curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors.
(8) The first one out of every eight accessible parking spaces shall be a van accessible space. Van parking spaces shall have an adjacent access aisle a minimum of eight feet in width and a vertical clearance of at least eight feet along the vehicular route to the parking space.
155.9.1.5 Off-Street Parking Requirements Per Land Use. No certificates of occupancy shall be issued for any units until the required number of parking spaces, with ingress and egress, are fully constructed. If any required parking spaces for units for which certificates of occupancy are requested are provided on noncontiguous parking lands, then all applicable provisions of subsection 155.9.1.6 must be complied with. All such noncontiguous parking lands shall be fully constructed and dedicated by recorded lease agreement or memorandum of lease in accordance with all of the standards of this section before the certificates of occupancy shall be issued. If the lease agreement is terminated, then the special use permit or the permitted use becomes invalid. The following off-street parking space shall be required and shall conform to the standards contained in subsection 155.9.1.3.
Uses | Required Off-Street Parking |
Uses | Required Off-Street Parking |
Residential Single-family Duplexes/Multi-family | Determined by the number of toilet fixtures in the residence (single-family) or in the individual dwelling unit (duplex/multi-family) in accordance with the following: Toilet Parking spaces per dwelling unit 1-3 2 4-5 3 6-7 4 8 or more 5 |
Adult care home | One space per two beds. |
Assisted living residence | One space per two bedrooms. |
Auditoriums/meeting rooms and hotel or motel operated restaurants | One parking space for each four persons as stated on the maximum posted occupancy placard except that hotels and motels containing 50 or more rooms may be allowed to reduce this requirement by 50%. |
Automobile service station | Three spaces per service bay, plus one space per wrecker or service vehicle and two spaces for each pump. |
Barber shop | Two spaces per operator plus one space for each employee. |
Beauty shop | Three spaces per operator plus one space for each employee. |
Car washes | One space for each employee. |
Child care center | One space per teacher or staff, plus space for one car drop off and pickup or stacking for one car per ten children, whichever is greater. |
Churches | One parking space for each four seats in the sanctuary. |
Dry cleaners or laundries | One space per four rental pieces of equipment. |
Family care home | One space per four licensed beds. |
Financial institution/bank | One space per 200 square feet of gross floor area. |
Fishing piers | A minimum of 25 parking spaces plus one additional space for each 175 square feet of gross floor area in pier house and other covered areas, plus one parking space for each two employees on the largest shift. |
Home occupation | In addition to residence requirements, one parking space per 175 square feet of floor space devoted to the home occupation use. |
Industrial uses | One parking space for each employee on the largest shift. |
Library, museum, and art galleries | One space per 300 square feet. |
Light construction/marina | One parking space per each two employees on the largest shift. |
Marina/boatominiums | One parking space for each two slips in the marina plus one parking space for each six dry storage spaces. |
Motels; hotels | One parking space for each room to be rented, 1.5 parking spaces for each two-room suite to be rented, two parking spaces for any suite above two rooms to be rented, plus one additional parking space for each two employees. |
Multi-unit assisted living with services | One space per two bedrooms. |
Nursing homes | One space per three beds, plus one space per staff doctor or practitioner. |
Offices, professional businesses or public agencies | One parking space for each 225 square feet of gross floor area. |
Public or private clubs | One parking space for each 100 square feet of gross floor space plus one parking space for each two employees. |
Public or private indoor recreation facility, including community center | One space for each 250 square feet of gross floor area. |
Residential child-care facility | One space for each staff member plus one space per five children. |
Restaurants and places of entertainment | One parking space for each four persons as stated on the maximum posted occupancy placard plus one additional parking space for each two employees on the largest shift. |
Retail uses not otherwise listed | One parking space for each 225 square feet of gross floor area. |
Schools, public | One parking space for each classroom and administrative office. |
Shopping center complex | 5.5 parking spaces for each 1,000 square feet of gross floor area. |
Theaters | One parking space for each three seats in the auditorium. |
Tourist and guest homes, including bed and breakfasts | One parking space for each room to be rented plus one additional parking space for each three employees. |
Vessel for hire carrying seven or more passengers | One parking space for each two persons. The total required parking spaces shall be determined by dividing by two the number of persons that the vessel is permitted to carry based on the Certificate of Inspection issued for that vessel by the United States Coast Guard. In addition, there shall be required one parking space for each employee working on the vessel. |
155.9.1.6 Exception in Parking Requirements.
(A) Parking required for uses in districts zoned commercial or public or semi-public (G-1) may be provided within 400 feet of the main entrance to the principal use and located in any commercial zone if the required off-street parking cannot be reasonably provided on the same lot on which the principal use is located.
(B) If the off-street parking space required by this Ordinance for districts zoned residential cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any land within 400 feet of the main entrance to, and within the same zone as, such principal use.
(C) The Board of Aldermen may grant an exception for off-street parking requirements in the C-1, C-2 or C-3 zoning districts after a finding by the Board of Aldermen that:
(1) The proposed use is directed primarily toward pedestrian trade existing in the area;
(2) The character of existing development or properties within 400 feet prohibit the acquisition of land for parking;
(3) The inability of the applicant to provide the required parking does not result from actions of the applicant;
(4) Granting the requested exception will not impair public safety or adversely impact adjacent property; and
(5) That one parking space for each two employees shall be provided. An exception to this requirement may be granted if the applicant can satisfy the Board of Aldermen that circumstances exist that prevent the applicant from providing the required parking space(s) for each two employees.
(D) Small parking lot exception. For purposes of this section, a "small parking lot" shall mean a parking lot in the C-3 Commercial District that is located immediately adjacent to an existing C-3 business, is used in conjunction with such business, and includes no more than a total of 12,000 square feet of parking area. Small parking lots meeting this definition shall be exempt from the following requirements.
(1) Minimum front yard setback set out in subsection 155.9.1.4.4(a).
(2) The requirements set out in subsection 155.9.1.4.7.
(3) Landscaping requirements (Type B Bufferyard screening only) set out in subsection 155.9.1.4.11.
(4) Requirement that vehicles do not back into public rights-of-way as set out in subsection 155.9.1.4.12(b).
(5) Minimum depth of street yards and minimum number of trees and shrubs set out in subsection 155.9.17.1.
(6) Requirement for landscaped islands set out in subsection 155.9.17.6(c).
(7) Requirement for Type A Bufferyard Screening set out in Section 155.9.18.
(E) Off-site parking lots in the Commercial District V Zoning District. Off-site parking lots shall be permitted in the Commercial District V zoning district on the condition that such parking lots comply with all of the following requirements:
(1) The improved surface of the parking lot (whether by asphalt or any other permitted surface) shall be no larger than 15,000 square feet and shall have marked and delineated spaces that meet all requirements of subsection 155.9.1.8. The parking lot shall be surfaced with a material approved by the Town Manager. The parking lot shall meet all town storm water requirements.
(2) Any lighting used in conjunction with a parking lot shall be so arranged as to direct light and glare away from streets and adjacent property and shall comply with all the requirements of Part III of Article 155.9.
(3) All parking lots shall observe the following yard requirements:
(a) Minimum front yard - five feet.
(b) Corner lots, minimum side yard - five feet.
(4) In the event any parking stall abuts a walkway, there shall be a space of three and one-half feet between the wheel bumper and the edge of the walkway.
(5) Paved parking areas shall have lines demarcating each parking space.
(6) Off-street parking areas shall be designed:
(a) To facilitate adequate movement and access by sanitation, emergency, and other public service vehicles.
(b) So that parked vehicles do not encroach upon, extend into, or cause vehicles to back into public rights-of-way, sidewalks, or strike against or damage any wall, vegetation, utility, or other structure.
(7) Off-street parking area shall be properly maintained in all respects. In particular, and without limiting the foregoing, off-street parking area surfaces shall be kept in good condition (free from potholes, etc.) and parking space lines or marking shall be kept clearly visible and distinct.
(8) Accessible parking spaces shall be installed and maintained in accordance with the regulations set forth by the Americans with Disabilities Act (ADA), NC Department of Transportation (NCDOT), NC Division of Motor Vehicles (NCDMV) ADA requirements, the current version of the North Carolina Building Code and any other applicable federal, state, county or local laws, rules and regulations.
(9) Compliance with all requirements of subsection 155.9.1.8.
(10) Compliance with all requirements of Part II Driveway Construction of Article 155.9. If access to the parking lot is across a roadway that is part of the state highway system and maintained by NCDOT all requirements for an encroachment agreement from NCDOT shall be complied with.
(11) Compliance with all requirements of Section 155.2.6.
155.9.1.7 Off-Street Parking Access to Paved Street. No building or land use of any kind for which 75 or more off-street parking spaces are required under the terms of this section shall be permitted in any zoning district unless the lot on which the building or land use is located, adjoins and has access to a paved street, as defined in this Ordinance, having at least two paved lanes for traffic and one paved lane for parking. Where the street facility does not exist at the time a project of land use is proposed, the developer shall be required to provide such additional right-of-way as may be necessary for this purpose.
155.9.1.8 Parking Space Arrangements and Dimensions.
Parallel Parking
a. Length 23 feet
b. Width 7 feet 5 inches
90 Degree Parking
a. Length 18 feet
b. Width 9 feet
c. Aisle Width 24 feet
d. Two Row
Parking with
Aisle 60 feet total
Compact Cars
e. Length 16 feet
f. Width 8 feet
60 Degree Parking
a. Length 20 feet 1 inch - measured from the end of striping perpendicular to the curb
b. Width 9 feet
c. One-Way Aisle 16 feet
Two-Way Aisle 20 feet
d. Two Row Parking 56 feet 2 inches total
with One-Way Aisle
Two Row Parking 60 feet 2 inches total
with Two-Way Aisle
Compact Cars
e. Length 17 feet 6 inches - measured from the end of striping perpendicular to the curb
f. Width 8 feet
45 Degree Parking
a. Length 19 feet, 1 inch - measured from the end of striping perpendicular to the curb
b. Width 9 feet
c. One-Way Aisle 15 feet
Two-Way Aisle 20 feet
d. Two Row Parking 53 feet 2 inches total
with One-Way Aisle
Two Row Parking 58 feet 2 inches total
with Two-Way Aisle
Compact Cars
e. Length 16 feet, 6 inches - measured from the end of striping perpendicular to the curb
f. Width 8 feet
30 Degree Parking
a. Length 15 feet, 11 inches - measured from the end of striping perpendicular to the curb
b. Width 9 feet
c. One-Way Aisle 14 feet
Two-Way Aisle 19 feet
d. Two Row Parking 45 feet 10 inches total
with One-Way Aisle
Two Row Parking 50 feet 10 inches total
with Two-Way Aisle
Compact Cars
e. Length 14 feet, 6 inches - measured from the end of striping perpendicular to the curb
f. Width 8 feet
(Ord. 1695, passed 11-8-12; Am. Ord. 1716, passed 9- 12-13; Am. Ord. 1725, passed 3-19-14; Am. Ord. 1760, passed 5-12-16; Am. Ord. 1770, passed 12-14-17; Am. Ord. 1801, passed 7-9-20; Am. Ord. 1809, passed 10-8-20; Am. Ord. 1838, passed 3- 10-22)
Section 155.9.2 Off-Street Loading for Commercial and Industrial Uses.
(A) The number of off-street loading spaces required by this section shall be considered as the absolute minimum and the developer shall evaluate his own needs to determine if they are greater than the minimum specified by this section. For purposes of this section, an off-street loading berth shall have minimum plan dimensions of 12 feet by 25 feet and 14 feet overhead clearance with adequate means for entrance and exits. A loading space requirement may be modified or waived by the Board of Aldermen on application in the case of a bank, theater, assembly hall, or other building or similar limited loading space requirements.
(B) Minimum Number of Required Off-Street Loading Berths.
Square Feet of Gross Floor Area | Required Number of Berths |
0 - 20,000 | 0 |
20,001 - 40,000 | 1 |
40,001 - 100,000 | 2 |
Sec 155.9.2.1 Use of Church Parking Lots as Commercial Parking Lots. Church parking lots permitted under the provisions of the Town Code may be used as commercial parking lots subject to the following conditions:
(A) A church parking lot may be used as a commercial parking lot on the following days:
(1) Saturday, Sunday and Monday of the Memorial Day weekend;
(2) The day on which July 4th falls;
(3) Saturday and Sunday before July 4th if July 4th falls on a Monday or Tuesday;
(4) Saturday, Sunday and Monday of the July 4th weekend if July 4th falls on a Saturday or Sunday;
(5) Saturday and Sunday after July 4th if July 4th falls on a Wednesday, Thursday or Friday; and
(6) Saturday, Sunday and Monday of the Labor Day weekend.
(B) The use of such lots as commercial parking lots shall not begin before 10:00 a.m.
(C) The church shall provide an on-site parking attendant 21 years of age or older at all times that the lot is used as a commercial parking lot.
(D) Trash containers shall be maintained on-site and shall be kept in a clean and orderly fashion and emptied on a regular basis in order to prevent the accumulation of trash and other debris.
(E) The parking lot shall be kept in a clean and orderly state. All trash and debris shall be promptly picked up and deposited in appropriate receptacles.
(F) No tailgating (to include, but not be limited to, eating and picnicking), no partying, no outside activities except parking shall be permitted in the parking lot.
(G) No persons using the parking lot shall violate the town's noise ordinances.
(H) No signage of any kind advertising the availability of public parking shall be permitted except for three temporary signs not exceeding 18 square feet in size for a total of 18 square feet in size. Such signs may only be in place during the days on which parking is permitted pursuant to this section.
(I) The signs permitted in division (H) above may state that the church is accepting donations in return for parking but shall not indicate in any manner that payment of a fee is required.
(Ord. 1695, passed 11-8-12; Am. Ord. 1759, passed 5-12-16; Am. Ord. 1838, passed 3-10-22; Am. Ord. 1843, passed 3-15-23)
Section 155.9.3 Permit to Construct Driveway Required.
No person shall construct, reconstruct or repair any driveway within the town without first obtaining from the Code Enforcement Official a zoning permit to do so. Such person shall construct, reconstruct and repair such driveway under the supervision of the Code Enforcement Official, and in accordance with specifications as may be prepared by the Code Enforcement Official and adopted by the Board of Aldermen. The specifications prepared by the Code Enforcement Official for driveway construction shall include type of construction, materials used, dimensions regarding width, spacing, location, and situation with respect to street intersections and property lines as may be deemed necessary by the Code Enforcement Official to promote safety and safeguard the general public.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.4 Conformity of Surrounding Areas of Abutting Property Owners; Refusal to Make Improvements.
(A) The Board of Aldermen may, without petition of abutting property owners, require the construction, reconstruction, alteration or repair of sidewalks, driveways, curbs, gutters or drains in conformity with the provisions of the Wrightsville Beach UDO.
(B) If any such improvements are required of a property owner and the property owner shall fail or refuse to make the same within 30 days after notice thereof, the Board of Aldermen may cause such improvements to be made and assess the cost thereof against the property abutting the improvement. In making and collecting assessment for such improvements, the procedure as outlined in the North Carolina General Statutes shall be followed.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.5 Costs Assessed Against Property Abutting Sidewalk.
The cost of the construction, reconstruction or alteration of sidewalks, including the cost of grading and the construction of retaining walls necessary to provide lateral support for abutting property, shall be assessed against the property abutting the sidewalk. The cost of relocation and construction of driveways, steps, or other means or access to his or her property from the streets as he or she may deem necessary, shall be borne by the property owner.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.6 Specifications for Driveway Construction.
(A) The specifications for driveway construction set forth herein are intended to regulate access from public and private streets or public and private rights-of-way to the adjoining property.
(B) All driveways lawfully permitted at the time of adoption of this UDO shall be permitted to continue as currently constructed, provided that the existing driveway is defined and/or improved in a manner that permits its location to be determined without question. Any structure or vacant lot existing at the date of adoption of this section and having fewer driveways on the date of adoption of this section than are permitted in accordance with subsection (E) below, may apply for additional driveways to the extent permitted by subsection (E) below and other provisions of this section.
(C) If an existing structure does not have a defined driveway, then driveway locations will be established by the town consistent with the provisions of this section for new structures.
(D) All matters related to driveways shall be decided by the Director of Planning and Parks or his or her designee. Any property owner dissatisfied with a decision of the Director of Planning and Parks or his or her designee may appeal such decision to the Town Manager by delivering written notice of appeal to the Town Manager within 30 days of the decision of the Director of Planning and Parks or his or her designee. The decision of the Town Manager in this matter shall be final.
(E) The following requirements shall apply to the construction of new driveways and the removal and replacement of existing driveways:
(1) Commercial properties, to include properties with combined commercial and residential uses, shall be permitted one driveway not to exceed 26 feet in width and must be compliant with the North Carolina Fire Code. If in the interest of the general public it is deemed necessary to construct a wider driveway entrance for a commercial property, special permission to do so may be granted by the Board of Aldermen. Notwithstanding the foregoing, mixed-use developments approved by the Board of Aldermen pursuant to Section 155.7.6 may be permitted more than one driveway.
(2) Driveways on lots located within a residential district shall be permitted as follows:
(a) A vacant lot may have one driveway not to exceed 12 feet in width including flares.
(b) A single family residence may have one driveway not to exceed 24 feet in width including flares or two driveways not to exceed 12 feet each in width including flares. Notwithstanding the foregoing, a single family residence located on a lot that is a combination or recombination of two or more contiguous lots having frontage on two public rights-of-way with frontage on one of the rights-of-way equal to or exceeding 100 linear feet may have three 12-foot driveways, two on one public right-of-way and one on the remaining public right-of-way, provided said driveways do not adversely impact paid on-street parking adjacent to said lot.
(c) A duplex may have one driveway not to exceed 30 feet in width including flares or two driveways not to exceed 15 feet each in width including flares.
(d) In the event driveways are separated, they shall be separated by at least 16 feet of space. The use of an expansion joint no greater than two inches in width shall not be considered separation of a driveway. Provided that on any lot having a width adjoining a street right-of- way of less than 55 feet, driveways shall be separated by at least eight feet of space.
(e) A single family dwelling on a conforming lot with a minimum front width of 100 feet may have two driveways not to exceed 18 feet in width each, excluding maximum two-foot flare outs at their connection with the adjacent paving of the street in front of the dwelling, providing there is compliance with the following conditions:
1) The distance from the exterior flare outs at their connection with the adjacent paving of the street in front of the dwelling to the adjacent property lines shall be no less than 15 feet of space;
2) The distance between the interior flare outs at their connection with the adjacent paving of the street in front of the dwelling shall be no less than 16 feet of space; and
3) The public street at the location of the dwelling is not designated for public parking along the said street adjacent to the property line of the dwelling.
(3) Driveways shall not encroach into the required setback for the lot in question. Provided that driveways may encroach into the required side yard setback for lots if the following conditions are met:
(a) The driveway existed at the time of adoption of this subsection (which date is March 10, 2022) and encroached into a required setback; the driveway was legally permitted by the town at the time it was constructed; and the following conditions are satisfied:
1) Any part of the driveway encroaching into the required side yard setback that is repaired or replaced must be constructed of pervious materials;
2) Such repair or replacement shall not create new nonconformities or increase encroachments into the required setbacks;
3) Any part of the driveway that is located within the town's right- of-way that is repaired or replaced shall comply with the provisions of subsection (E) above; and
4) All other provisions of this chapter are complied with.
(b) For lots on which structures exist that have been determined to be pre-FIRM (as defined in Exhibit A, Definitions) and the following conditions are satisfied:
1) The driveway encroaching into the required side yard setback must be constructed of pervious materials;
2) The total width of driveways, to include driveways encroaching into the side yard setback as permitted by this subsection, may not exceed the permitted width of driveways as set forth in this subsection (E).
3) No driveway may encroach into a required side yard setback without the prior written consent of the Board of Aldermen if the creation of such driveway causes a metered on-street parking space to be eliminated; and
4) The removal and replacement of a driveway that was legally permitted prior to November 18, 2012 can occur if:
a) The lot is a legally conforming lot.
b) The replacement of the driveway is in the same location and same size as it previously existed or if the driveway is enlarged or changed in any way thos changes would have to meet the provisions of this Code.
c) The width of the driveway shall not exceed 40 feet; and
5) All other provisions of this section are complied with.
(F) If a structure has a driveway at the time of adoption of this section that does not comply with the provisions of subsection (E) above, and such structure is subsequently repaired, reconstructed, improved, or added to in such a manner as to meet the definition of "substantial improvement" as set forth in Exhibit A, Definitions, the owner of such structure shall be required to bring the driveways into compliance with the provisions of subsection (E) above.
(G) All driveway entrance construction shall be of 3,000 pound per square inch, monolithic concrete, having a depth of not less than six inches throughout and shall be given a float finish to assure an even surface having suitable roughness. All driveway entrances and sidewalk surfaces shall be screened and given a float finish to assure an even surface having suitable roughness. Driveway entrances shall conform to the contour of the street pavement, making provision for drainage flows and gutter continuity, and shall rise not less than six inches above the gutter at the point at which the driveway reaches the property lines in order to assure containment of drainage flows and proper runoff. Expansion joints shall be placed at edges of driveways where sidewalks abut, and in aprons not less than 24 feet apart.
(H) Where existing driveway entrances do not conform to these regulations and constitute a hazard, obstruct drainage, or are in a dangerous state of repair, and the owner is instructed by the Board of Aldermen to repair said driveway entrance, or adjacent curbs and sidewalks as provided in this section, the owner shall submit a drawing showing the proposed new driveway to be placed in accordance with the Ordinance and these regulations.
(I) Where streets are widened or curb and gutter sections are placed after driveways are installed, the owner of the property adjacent to the street where such improvements take place shall be assessed all costs of modification of said existing driveways in order to conform to the street improvements in accordance with the provisions of Article V of the Charter of the Town of Wrightsville Beach.
(J) All requests for a zoning permit to construct driveways shall be accompanied by a sketch showing the location of the property involved, the frontage concerned, and the location of any structures on the property. The inclusions of this information on site plans for building permits for new construction will be acceptable for the purpose of driveway permit issue.
(K) The street area immediately adjacent to a permitted driveway as described in this section shall be painted and/or marked so as to indicate that no-parking is permitted within the street right-of-way immediately adjacent to the permitted driveway. Parking shall be permitted on all other areas of the street except those portions of such street otherwise designated as no parking areas by this Unified Development Ordinance or action of the Board of Aldermen. Provided, that should the designation of no parking areas adjacent to permitted driveways as described herein result in permitted parking areas of a length of less than 15 feet, such area shall be designated as a no parking area.
(L) It shall be unlawful for any person except authorized employees of the town to paint, mark or otherwise designate no parking areas on a public street. Any person violating the provision of this section shall be subject to the penalties set forth in subsection 155.1.12.9.
(Ord. 1695, passed 11-8-12; Am. Ord. 1700, passed 2-14-13; Am. Ord. 1753, passed 12-10-15; Am. Ord. 1793, passed 1-15-20; Am. Ord. 1838, passed 3-10-22; Am. Ord. 1855, passed 1-11-24)
Section 155.9.7 Purpose.
This section sets forth criteria for the installation and acceptable levels of exterior lighting in the town. The purposes of this section are as follows:
(A) Preserve and enhance public safety;
(B) Protect drivers from disabling glare and thereby enhance traffic safety;
(C) Protect marine vessels from disabling glare on the waterways and thereby enhance navigation safety;
(D) Enhance the town's nighttime character;
(E) Shield neighboring properties from nuisance glare;
(F) Reduce light pollution, light trespass and the brightening of the night sky due to manmade lighting;
(G) Protect and not disrupt sea turtle nesting habitats; and
(H) Promote energy conservation through efficient light design and operation.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.8 Commercial Exterior Lighting.
(A) Outdoor Parking Lots, Storage and Display Areas and Driveways. Lighting for outdoor parking lots, outdoor storage and display areas, and commercial driveways shall be designed to provide the minimum lighting necessary to ensure adequate public safety, to control excessive glare onto adjacent streets and properties, and to prevent light trespass onto adjoining properties, public rights-of-way, and any public trust waters.
(1) General.
(a) All lighting fixtures used for the purpose of illuminating parking lots and driveways shall be full cut-off fixtures that meet the standards set forth in the definition as documented by the manufacturer's specification or a qualified engineer.
(b) Directional floodlighting fixtures must be full-cutoff or shielded and properly aimed so that the light source:
1. Does not produce glare;
2. Does not produce up-lighting; and
3. Contains light so that it does not trespass onto adjoining properties, public rights-of-way, and any public trust waters.
(c) The maximum mounting height for pole-mounted fixtures intended to illuminate parking lots is 30 feet measured from the base of the pole.
(2) Special Design Areas. Lighting fixtures of a particular period or architectural style such as carriage lights and post lights, may be used in special design areas. In such areas, fixtures that are not full cut-off are permitted provided that:
(a) The maximum initial lumens generated by each lamp shall not exceed 500 lumens, according to the manufacturer's specifications (the purpose of this lumen cap is to avoid cumulative use of lights that may be too bright or that may cause trespass); and
(b) Post top shall be fitted with a solid top to control up-lighting and reduce glare; and
(c) Fixture mounting height is no more than 16 feet above grade level.
(3) Standard. All illumination of parking lots, outdoor storage and display areas and commercial driveways shall comply with the intensities and uniformity ratios in Section 155.9.14 or by the standard within this section whichever is more stringent.
(B) Commercial Building Exteriors and Parking Garages. These provisions apply to all buildings and uses within the town's Commercial and Public/Semi-Public Zoning Districts and to any non-conforming nonresidential uses in other zoning districts.
(1) General. Exterior building lights may be mounted in front, at ground level, or wall mounted provided that:
(a) All light fixtures, wherever mounted, are properly aimed and full cut-off or shielded to confine the light to the area of the building being lighted and to prevent light trespass.
(b) Wall-mounted light fixtures may be mounted no higher than 20 feet above grade. The fixtures must be full cut-off or shielded and aimed to avoid up-lighting.
(c) Ground mounted fixtures must restrict up-lighting.
(d) Bare light sources (including but not limited to festive light strands, incandescent, fluorescent, high intensity discharge, and neon) used to outline property lines, open sales areas, rooflines, doors, windows, the edges of walls or any other area of the building or property visible from outside the building are prohibited, except for holiday lighting permitted from Thanksgiving through January 15th of the new year.
(e) The maximum illumination level on any vertical surface or roof of a commercial building shall not exceed 3.0 average foot-candles of vertical illuminance.
(2) Gas Station/Convenience Store Canopies.
(a) Light fixtures above 200 watts mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restricted to no more than 85 degrees from vertical.
(b) The illumination level for canopy lighting measured at the pavement/ground level shall not exceed ten average maintained foot-candles.
(3) Parking Garages.
(a) Lighting located outside the structure shall comply with the requirements of subsection (C)(1) below. Lighting located inside the structure providing illumination that is visible from the exterior of the structure shall be full cutoff or shielded by the structure, shield, visor, hood, or louvers in a manner that contains light and glare within the structure and meets this section's standards for light trespass.
(b) The illumination level of interior lighting that is visible from the exterior of the structure shall comply with the intensities and uniformity ratios in Section 155.9.14.
(4) Standard. All illumination of commercial building exteriors, gas and convenience store canopies, and parking garages shall comply with the intensities and uniformity ratios in Section 155.9.14 or by the standard within this section whichever is the more stringent.
(C) Commercial Docks and Piers. Lighting for commercial docks and piers shall minimize glare, trespass, and restrict up-lighting.
(1) All lighting fixtures must meet the following standards:
(a) Fixtures must be full cut-off or shielded and properly aimed so that they control glare, do not produce up-lighting, and contain light to prevent trespass on adjoining uplands, public rights-of-way and public trust waters.
(b) Disabling glare that impairs the ability of boaters to safely traverse public trust waters shall be prohibited.
(c) Mounting height shall be as low as practicable but in no case shall the fixture be mounted higher than 25 feet above the lowest platform of the dock or pier.
(d) Bare light sources (including but not limited to festive light strands, incandescent, fluorescent, high intensity discharge, and neon) used to outline commercial docks and piers are prohibited.
(2) Standard. All illumination of docks and piers shall comply with the intensities and uniformity ratios in Section 155.9.14 or by the standard within this section whichever is the more stringent.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.9 Residential Exterior Lighting.
(A) General. Fixtures using lamps (bulbs) of 60 watts/640 lumens or less for incandescent bulbs (frosted) or 25 watts for clear lamps, such as typical porch lights, may be installed at any location in residentially zoned areas.
(B) Security Lighting.
(1) Motion Activated Security Lighting. Unshielded flood and spot lights, with lamps of 45 watts/520 lumens or less or their equivalent (this information is specified on the retail packaging), installed for security and activated by motion sensors are permitted. These unshielded lights must be mounted and aimed in a manner that minimizes up-lighting and light trespass and that is consistent with the security purposes of the lights.
(2) All other flood and spot light fixtures must have top and side shields capable of containing light below the roof line of the house and reducing light trespass on adjoining properties to the maximum extent feasible.
(C) Landscape and Decorative Lighting. Landscape and decorative lighting using quarts halogen lamps of 36 watts/110 volt system or less is permitted (or the equivalent low-voltage system rating), provided that the light is installed and aimed to prevent up-lighting and light trespass and shielded to prevent view of the bulb from the public right-of-way.
(D) Area lights or "dusk to dawn" lights are permitted, as follows:
(1) These lights must be full cut-off or shielded.
(2) If pole mounted on the ground, the fixture mounting height may be no more than 16 feet above grade at the base of the pole.
(3) If wall mounted, the fixture mounting height may be no more than 16 feet above grade, or ten feet above any first floor of houses constructed on pilings, measured from the level of the lowest habitable floor.
(E) Standard. All illumination of residential exteriors shall comply with the intensities and uniformity ratios in Section 155.9.14 or by the standard within this section whichever is the more stringent.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.10 Private Piers and Docks Including Residential.
(A) All lighting fixtures must meet the following standards:
(1) Fixtures must be full cut-off or shielded and properly aimed so that they control glare, do not produce up-lighting, and contain light to prevent trespass on adjoining uplands, public rights-of-way and public trust waters.
(2) Disabling glare that impairs the ability of boaters to safely traverse public trust waters shall be prohibited.
(3) Mounting height shall be as low as practicable but in no case shall the fixture be mounted higher than 25 feet above the lowest platform of the dock or pier.
(4) Bare light sources (including but not limited to festive light strands, incandescent, fluorescent, high intensity discharge, and neon) used to outline private piers and docks are prohibited.
(B) Standard. All illumination of parking lots, outdoor storage and display areas and commercial driveways shall comply with the intensities and uniformity ratios in Section 155.9.14 or by the standard within this section whichever is the more stringent.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.11 Signs.
Lighting of signs shall comply with the provisions of Article 155.10. In addition, the following requirements apply:
(A) Lighting fixtures used to illuminate on-premise commercial signs must be mounted at the top of the sign structure.
(B) The sign lighting fixture(s) must be fully-shielded to control glare, to prevent encroachment on neighboring properties and rights-of-way and to contain light so that it is projected below an horizontal plane extending through the fixture.
(C) The height of the sign lighting fixture shall be no greater than the maximum permitted height of the sign.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.12 Other Requirements.
(A) No lighting fixture or device may be operated in such a manner as to constitute a hazard or danger to persons, or to the safe operation and navigation of vehicles or watercraft.
(B) The following are exempt from the requirements of this section:
(1) Situations where federal and state laws, rules and regulations take precedence;
(2) Location and operation of traffic control devices;
(3) Situations where there are special requirements, such as public monuments and flag lighting, provided, however, that such lighting shall be selected and installed to shield the lamp(s) from direct view to the greatest extent possible and to minimize upward lighting and trespass; and
(4) Up lighting and security lighting owned by the town and installed in order to illuminate trees, foliage and other structures located within a public right-of-way or on public property.
(Ord. 1695, passed 11-8-12; Am. Ord. 1730, passed 6-12-14; Am. Ord. 1838, passed 3-10-22)
Section 155.9.13 Nonconformities.
(A) This section shall be effective immediately upon adoption by the Board of Aldermen of the town and shall supersede and replace all previous ordinances pertaining to outdoor lighting.
(B) Any outdoor lighting not in conformity with the requirements of this Ordinance and lawfully in place prior to the effective date of this Ordinance shall be removed or rendered in compliance with this Ordinance within three years of its effective date.
(C) After the effective date of this Ordinance, any lighting system that replaces a lighting system not in conformity, or any lighting system that is moved, must meet the standards of this Ordinance.
(D) Non-conforming lighting systems that cause disability glare to motorists or cyclists or that directs light toward public waters so as to cause disability glare to operators of watercraft shall be either fully-shielded as directed in this section or re-directed within 90 days of notification so that the lighting system does not cause a potential hazard to motorists, cyclists or watercraft operators.
(E) Non-conforming lighting systems that cause light trespass or up-lighting which can be corrected by redirecting the fixture shall be re-directed to eliminate the trespass or up-lighting within 90 days of notification.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.14 Maximum Illumination Standards.
The figures in this table represent maximum levels of illumination for roadways, parking lots, and building exteriors.
Type of Land Use | Horizontal Illuminance (Foot-candles) | Uniformity Ratio (Average to Minimum) | |
Average | Minimum
| ||
Roadways Major road Local road | 0.6 - 1.6 0.3 - 0.8 | 3:1 6:1 | |
Parking Lots High activity (i.e., fast food facilities) Medium activity (i.e., office, residential complex, or hotel) Low activity (i.e., neighborhood shopping, schools, or churches) | 3.6 2.4 0.8 | 0.9 0.6 0.2 | 4:1 4:1 4:1 |
Building Exteriors Entrances, active (pedestrian, conveyances) Entrances, inactive (locked doors) Vital locations or structures Surroundings | 5 1 5 1 | ||
Commercial Docks and Piers | 5 | ||
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.15 Purpose.
The purpose of this section is to establish minimum requirements to provide adequate visual buffering and screening of structures, parking areas, and other uses. The intention of these requirements is to satisfy the following objectives:
(A) To provide attractive visual buffering between different land uses and enhance town beautification.
(B) To safeguard and enhance property values and to protect public and private investment by providing standards for the protection of existing vegetation and root zones and the installation of new vegetation.
(C) To mitigate stormwater runoff and erosion, enhance air quality, conserve energy, and aid in abating noise, glare and heat.
(D) To encourage the use of the recommended plants in this section as well as native species and related cultivars of trees and shrubs.
(E) To promote long term plant health through proper installation methods.
(F) To promote visibility and safety.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.16 Applicability.
(A) Article 155.9, Part IV shall be applicable when the following situations apply:
(1) Residential Development. When eight or greater parking spaces are required for all phases of development excluding all residential developments which contain solely detached single-family dwelling units.
(2) Nonresidential Development.
(a) New Construction. When a permitted use, a use or combination of uses contained within a special use permit require ten or greater parking spaces.
(b) Existing Development. When there is a change from an existing use to a new use which requires additional parking and the new use requires ten or greater parking spaces.
(c) Expansion of Structure. When there is an expansion of an existing structure by greater than 10% of the gross floor area and that use requires ten or greater parking spaces.
(d) Reconstruction of Structure. When there is damage or destruction to an existing structure beyond 50% of its assessed value, the reconstruction must conform to the new construction standards of this section.
(e) Expansion of Parking Facility. When there is an expansion of the parking facility by a minimum of 10% of the parking with a minimum of ten total spaces.
(B) This section shall become effective on all applicable conditions that are met during a five-year cumulative period.
(C) This section shall not apply under any circumstance to properties in the C-1, Commercial District.
(D) Bufferyards which abut a natural water feature shall be exempt from the requirements of that bufferyard.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.17 Landscaping Requirements.
Street Yard Requirements
(1) Minimum Standards: The minimum depth of all street yards shall be 7.5 feet. For every 50 linear feet of frontage, or fraction thereof, the street yard shall contain a minimum of three shade trees and six intermediate shrubs. Newly installed plant material shall be evenly distributed where possible.
(2) If there are existing trees in the proposed street yard area, the UDO Administrator may grant credit toward the requirement for preservation of those trees, provided their caliper is at least two inches or more.
(3) No planting material will be allowed which, at planting or maturity, will impede vision between a height of three feet and ten feet in a triangular area formed by a diagonal line between two points on a driveway or public right-of-way, 20 feet from where they intersect.
(B) Parking Facility Requirements
(1) Minimum Standards: For parking facilities having 15 or more parking spaces, at least 8% of the gross paved area shall be landscaped and located in the interior of the facility.
(2) Planting islands shall include at least one shade tree or one small tree and six small shrubs. At least 50% of the trees planted shall be shade trees.
(3) In support of the above, the following standard shall apply to interior plantings:
(a) All planting shall be evenly distributed throughout the parking facility.
(b) All interior plantings shall be curbed or otherwise physically protected.
(c) Consecutive parking spaces shall incorporate landscaped islands no more than 15 spaces apart and at the ends of all parking rows. Landscaped islands shall contain at least 100 square feet in area and be at least eight feet in width, measured from back of curb to back of curb.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.18 Bufferyards.
(A) Type A Bufferyard Screening. This is a medium density screen intended to block visual contact between uses and to create special separation. Type A Bufferyard Screening shall be required between adjacent non-residential properties.
(1) Type A1: Minimum of 7.5 feet wide. For every linear 100 feet, or fraction thereof, the screen shall consist of a combination of a minimum of two shade trees planted evenly at 40 feet on center, and ten evergreen intermediate shrubs planted eight feet on center.
-or-
(2) Type A2: Minimum of five feet wide. For every linear 100 feet, or fraction thereof, the screen shall consist of a combination of at least three shade trees planted evenly at 40 feet on center, and 15 evergreen intermediate shrubs six feet on center.
(B) Type B Bufferyard Screening. This is a high density screen intended to exclude virtually all visual contact between uses and to create a special separation. Type B Bufferyard Screening shall be required when a non-residential property is adjacent to a residential district or use.
(1) Type B1: Minimum width of 15 feet, except for the C-2 and C-3 Districts which shall have a minimum of 7.5 feet. For every linear 100 feet, or fraction thereof, the screen shall consist of a combination of a minimum of three shade trees planted evenly at 30 feet on center, and 15 evergreen large shrubs planted six feet on center.
-or-
(2) Type B2: Minimum width of ten feet, except for the C-2 and C-3 Districts which shall have a minimum of five feet. For every linear 100 feet, or fraction thereof, the screen shall consist of a minimum of four shade trees planted 30 feet on center, and 20 evergreen large shrubs five feet on center.
(C) Type C Bufferyard Screening. An opaque fence or opaque wall may be used in place of 50% of required bufferyard screening plants.
(1) The design, color and material of any fence or screen used to meet bufferyard requirements shall be approved by the Zoning Official. The side of the fence facing the affected property owner shall be the finished side of the fence. All planted screening required to be used in conjunction with a fence shall be planted on the finished side of the fence facing the affected use, and the remaining plantings shall be equally distributed in the bufferyard.
(D) Type D Bufferyard Screening. A combination earthen berm with vegetation may be used as follows:
(1) An earthen berm may be used in conjunction with planted vegetation provided that the combined height of the berm and planted vegetation shall be an installed minimum height of six feet.
(2) The slope of the berm shall be stabilized with vegetation and no steeper than 3:1. The height of the berm shall be a maximum of six feet, with a level or rounded area on top of the berm. The berm shall be constructed of compacted earth.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3- 10-22)
Section 155.9.19 Additional Requirements for Buffers and for Yards in Which Buffers Are Required.
(A) Existing Trees and Shrubs. Any existing trees or shrubs within required bufferyards shall be encouraged to be utilized and supplemented as necessary to meet bufferyard screening requirements. Existing trees and shrubs intended to meet bufferyard screening requirements shall be protected from detrimental actions such as vehicle or equipment movement, excavating and grading, and installation of storage or structured elements.
(B) Uses in the Bufferyard. No activities shall occur in the bufferyard except for maintenance of the bufferyard, required ingress and egress and the installation and maintenance of water, sewer, electrical, and other utility systems where the installation causes minimal disturbance of existing vegetation.
(C) Uses in the Rear Yard and Side Yards Abutting a Residential Use. The following uses shall be shielded from view from the property line of the residential use by means of an opaque fence or opaque wall:
(1) Dumpsters or other trash holding areas.
(2) Outside storage areas.
(3) Loading/unloading areas.
(D) Encroachment into Setbacks.
(1) If an existing structure is located within a setback where the implementation of the streetyard and/or bufferyard requirements are physically impossible and the encroachment into the yard (streetyard bufferyard) allows for a minimum of three feet of planting area, only the required shrubs shall be planted.
(2) If the encroachment into the yard (streetyard or bufferyard) allows for less than three feet of planting area, no planting will be required in that yard; and
(a) For every yard (streetyard or bufferyard) in which the situation exists, one additional small tree shall be planted in each streetyard or bufferyard not encroached upon; or
(b) For every yard (streetyard or bufferyard) in which the situation exists, five feet of additional yard width shall be added to a yard (streetyard or bufferyard); or
(c) If all four yards (streetyard and three bufferyards) allow less than three feet of planting area, no planting shall be required.
(E) It is recommended and encouraged that native species and related cultivars be planted.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.20 Installation.
(A) Plants shall meet the standards for plant quality and size as defined in the most recent version of the "American Standard for Nursery Stock" manual.
(B) Plants shall be installed per the installation details included in Exhibit B of this Ordinance.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.21 Maintenance.
(A) All existing vegetation that is used to meet landscaping requirements, all required plants, and all required berms shall be maintained by the owner of the property on a continuing basis for the life of the development.
(B) Opaque fences or opaque walls shall be maintained, cleaned and repaired by the owner of the property on a continuing basis for the life of the development. Such fencing shall be kept free of litter and advertising.
(C) A new certificate of occupancy/building permit or a complaint will result in an inspection for compliance.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.22 Landscape Plan.
(A) Landscaping plans shall be submitted at the time of application for the building permit or special use permit, if a special use permit is required. These plans shall contain the following information:
(1) Date of plan preparation.
(2) Project name and description of land use.
(3) Project owner and mailing address.
(4) A map at a scale of 1" = 50' or less showing:
(a) North arrow.
(b) Scale.
(c) Locations, dimensions and square footages of required bufferyards and parking lot landscaping.
(d) Details of required landscaping showing species, dimensions, and spacing of planted materials and the use and protection of existing vegetation.
(e) Location and square footage of structures and parking lots.
(f) Approximate locations of all trees greater than two-inches caliper within required buffers and of all areas of natural vegetation to be used as part of the buffer.
(g) Setbacks of all structures and specifications and shielding of certain uses, as required.
(h) Proposed schedule for landscaping.
(B) No certificate of occupancy for any construction or renovation shall be approved by the UDO Administrator until the required landscaping is completed in accordance with the approved plan.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.23 Tree Preservation.
(A) Purpose.
(1) The purpose of this section is to protect important trees located at Wrightsville Beach, to provide wildlife habitat, to provide stabilization of sand and soil, and to provide a vital link in natural stormwater management through absorption. Trees act as a filter helpful to maintaining the health and quality of waters.
(2) The objectives of this section are as follows:
(a) Maintain and enhance property values;
(b) Preserve and enhance the visual appearance of the Town of Wrightsville Beach;
(c) Preserve unique and productive coastal habitats;
(d) Reduce impacts of development on the town's stormwater system;
(e) Assist the town in preserving and enhancing the quality of its estuarine waters; and
(f) Increase tree canopy.
(B) Tree Protection Permit Required.
(1) No protected tree shall be removed or be caused to be removed, through injury or damage, from public or private property without first obtaining and having an approved tree removal permit. Removal of any protected tree is prohibited except in accordance with an approved tree protection plan. The following tree removal activities may be undertaken without an approved tree protection plan and that is consistent with good horticultural practices:
(a) Clearing or maintenance of town rights-of-way.
(b) Clearing or maintenance required by the town in accordance with Section 155.2.6 (Site Visibility Triangle).
(c) Emergencies. During the period of an emergency such as a hurricane, tropical storm, flood, ice storm or any other act of nature that causes damage to a tree such that it imperils life, property, or other trees.
(d) A permit shall not be required in order to remove minor tree limbs or to do other minor pruning.
(e) Hazardous trees. In the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and requires immediate removal without delay, verbal authorization may be given by the Planning and Inspections Department and the trees removed without obtaining a written permit as herein required.
(2) Public utilities removing trees or cutting trees in conjunction with construction, maintenance or repair of utility lines shall be subject to the following requirements:
(a) A public utility shall submit a tree protection plan and shall acquire a tree protection permit before removing any protected tree within a utility easement or right-of-way. There shall be no charge for such permit.
(b) A public utility shall submit a tree protection plan and shall acquire a tree protection permit before undertaking any tree trimming or pruning activities in connection with the construction, maintenance or repair of utility lines within a utility easement or right-of-way. There shall be no charge for such permit.
(C) Tree Protection Permit Application and Procedure. A tree removal application and tree protection plan must be filed with the town and approved by the UDO Administrator or their designee prior to protected tree removal. Requests for multiple tree removal shall be specified on the application. A permit will be issued for any approved plan. The fee for submission of a plan is set forth in the schedule of fees.
(1) Tree protection plans submitted in connection with applications for permits for the removal, relocation or replacement of trees shall include the following information and details which shall be summarized on the plan:
(a) Name of property owner.
(b) Date, including the month, day, and year that the original drawing was completed and the month, day, and year for each revision to the original drawing.
(c) Location of all existing or proposed structures, improvements and site uses, property dimensions and referenced property lines, setback and yard requirements as they apply to tree removal.
(d) The common names, sizes and location of all protected trees on the site, designating the trees which are respectfully to be retained, removed, relocated, or replaced. Trees proposed for removal shall be marked with an "X" through the tree symbol in the document. Trees not marked shall be conserved.
(e) The location and type of trees that will be planted after development or construction and the time frame for completion of such planting.
(2) The UDO Administrator or his or her designee will review the tree protection plan according to the requirements in this section.
(D) Standards for Plan Approval or Denial. Protected trees are to be retained and protected to the maximum extent feasible. The UDO Administrator or his or her designee shall issue or deny a tree permit within five business days of receiving application for such. No permit shall be issued for the removal of protected trees unless one of the following conditions exists:
(1) The tree is located in the buildable area of a yard area where a structure or improvements may be placed and it unreasonably restricts the permitted use of the property and such trees cannot reasonably be relocated elsewhere on the property. Necessity to remove trees in order to construct proposed improvements as a result of the following:
(a) Need for access to the building site for construction equipment;
(b) Essential grade changes for surface water drainage and utility installations;
(c) Location of proposed structure and required driveway(s); and
(d) Location of proposed parking spaces and associated circulation required to be installed by Article 155.9, Part I.
(2) The tree cannot be relocated on or off the site because of the age, type, or size of the tree.
(3) The tree is diseased, injured, in danger of falling, too close to existing or proposed structures, interferes with existing utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations.
(4) Where tree removal is consistent with an approved subdivision plat or site plan.
(5) It is in the welfare of the general public that the tree be removed for a reason other than set forth above.
(6) If a plan is approved that allows the removal of protected trees, the approval shall be conditioned upon compliance with a mitigation plan meeting the standards of the mitigation policy in subsection 155.9.23(F).
(E) Tree Protection During Construction. Tree preservation is a pre-planning activity and will be thoroughly considered prior to development of engineering and/or architectural plans and prior to initiation of construction projects. Protected trees shall be guarded during development against the following:
(1) Unnecessary cutting, breaking or skinning of roots.
(2) Skinning and bruising of bark.
(3) Excessive vehicular and foot traffic within drip lines.
(4) Parking vehicles within drip lines.
(5) During the land clearing and construction stage of development, the developer shall erect and maintain protective barriers (to the Building Inspector's specifications consistent with good management practices) around all trees or groups of trees to be protected. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the protective barrier.
(6) During the construction stage of development, the developer shall not allow the cleaning of equipment or material within the drip line of any tree or groups of trees to be protected. Neither shall the developer allow the disposal of waste materials such as paint, oil solvents, asphalt, concrete, mortar and so on within the drip line of any tree or groups of trees.
(7) No attachments or wires other than those of a protective nature shall be attached to any tree.
(8) Soil disturbances within the drip line of a protected tree shall be limited to two inches in depth removed or two inches in depth added. Any soil added under the drip line of the tree shall be a loamy soil mix to ensure minimal compaction.
(9) During land clearing and construction stage of development, the UDO Administrator shall periodically inspect the site to insure compliance with the provisions of this section.
(10) Tree location and replacement activity permitted or required under this section shall be done in accordance with standard forestry practices and procedures, and all such plantings shall be reasonably maintained and attended to promote successful establishment thereof.
(F) Tree Loss Mitigation Policy. To offset negative impacts to natural environment, aesthetics, and property values of Wrightsville Beach and to uphold the intent of this section, the following tree replacement schedule shall be followed, which shall be in addition to any and all fees and/or fines paid or incurred by a party that removes or alters a tree, the effect of which is to eliminate it.
(1) All protected trees removed shall be replaced in accordance with the following criteria:
(a) All trees required by this section, all trees on town-owned property and other protected trees, excluding specimen trees, shall be replaced in a one-to-one ratio with trees that at maturity will be of comparable DBH and height of the tree removed. All replacement trees shall have a DBH of at least three inches when planted.
(b) Specimen trees shall be replaced on a two-to-one ratio with trees of the same species. All replacement trees shall have a DBH of at least three inches when planted.
(c) All mitigation shall occur on the property where the tree was removed. Mitigation in connection with construction shall be completed prior to issuance of a certificate of occupancy.
(2) Tree loss mitigation shall not take effect when a tree removed is that lost to natural causes, such as age, disease, or storm, or other causes beyond the control of the landowner and property developer, such as a car crash or fire for which no party is found responsible. Tree loss mitigation shall take effect for all other trees allowed to be removed by permit from the UDO Administrator or by variance from the Board of Adjustment as well as for those trees altered or removed in violation of this section.
(3) A developer or property owner may be excused from the requirement to install new required trees that would cause the lot in question to contain more than five total protected trees, to include new and existing trees, if the UDO Administrator determines that the size of a given property and presence of existing vegetation is such that the introduction of a significant number of new trees may be detrimental to both existing vegetation and proposed trees. The decision of the UDO Administrator in such matter shall be final.
(G) Penalties.
(1) Any person who violates the provisions of Section 155.9.23, Tree Preservation, shall be deemed guilty of a misdemeanor or infraction punishable as provided in N.C.G.S. § 14-4 and shall be subject to a maximum fine upon conviction of up to $2,500. Additionally, conviction thereof shall be grounds for the revocation or suspension of any permit granted for the construction or remodeling of any building or structure on the site so involved.
(2) The violation of the provisions of Section 155.9.23, Tree Preservation, shall subject the offender to a civil penalty for each violation as follows:
(a) The removal of each protected tree, excluding specimen trees, without first obtaining an approved tree removal permit, shall subject the offender to a civil penalty in the amount of $500.
(b) The removal of each specimen tree without first obtaining an approved tree removal permit shall subject the offender to a civil penalty in the amount of $1,000.
(c) The violation of any other provision of Section 155.9.23, Tree Preservation, shall subject the offender to a civil penalty of $50 for each violation.
(d) Each day that a violation of Section 155.9.23, Tree Preservation, as described in subsection (G)(2)(c) above continues shall constitute a separate and distinct offense and shall be subject to a fine of $50 per day.
(3) No building permit or certificate of occupancy shall be issued for any improvements upon a property where the provisions of Section 155.9.23, Tree Preservation, have not been complied with. A stop work order shall be issued until violations of the provisions of Section 155.9.23, Tree Preservation, are corrected and until all fines and penalties are paid.
(4) The UDO Administrator may defer any civil penalty levied under the provisions of Section 155.9.23, Tree Preservation, if the offender obtains an approved tree permit and if the offender replants the disturbed area in accordance with an approved tree protection plan meeting the requirements of Section 155.9.23, Tree Preservation.
(5) Damages to protected trees shall be repaired to the maximum extent possible. Each tree removed, destroyed, or damaged in violation of Section 155.9.23, Tree Preservation, shall be considered a separate offense.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)
Section 155.9.24 Recommended Plant List.
The following is a recommended plant list to be utilized in the preparation of landscape plans to meet vegetation requirements. NOTE: Native vegetation is preferred. Plants not listed may be accepted by the UDO Administrator if they meet the standards defined by this section. Some plants are listed under multiple categories as many of these plants are offered in numerous varieties. Mature height and spread of each plant is contingent on the variety. It is highly recommended that landscape plans be prepared by or in consultation with a registered landscape architect or qualified landscape design professional.
Key:
E = EVERGREEN N = NATIVE
D = DROUGHT TOLERANT
S = SALT TOLERANT (MODERATE TO HIGH)
Botanical Name | Common Name |
Botanical Name | Common Name | |
Shade Tree - installed at 12-14 foot height and 2-inch caliper, mature height greater than 30 feet | ||
Fagus grandifolia | American Beech | N |
Ginkgo biloba (male only) | Ginkgo | D, S |
Gleditsia tricanthos inermis | Thornless Honeylocust | N, S |
Liquidambar styraciflua | American Sweetgum | N, D |
Magnolia grandiflora | Southern Magnolia | E, N, D, S |
Nyssa sylvatica | Black Gum | N, S |
Quercus nigra | Water Oak | N, D, S |
Quercus shumardii | Shumard Oak | N, D, S |
Quercus phellos | Willow Oak | N, D, S |
Quercus virginiana | Live Oak | E, N, D, S |
Taxodium distichum | Bald Cypress | N, D |
Ulmus parvifolia | Lacebark Elm | D, S |
Botanical Name | Common Name |
Botanical Name | Common Name | |
Small Tree - installed at 8-10 foot height and 1-inch caliper, mature height less than 30 feet | ||
Acer buergerianum | Trident Maple | D, S |
Amelanchier canadensis | Shadblow Serviceberry | N |
Cercis canadensis | Eastern Redbud | N, D |
Cornus florida | Dogwood | N |
Fraximus americana | White Ash | N |
Ilex cassine | Dahoon Holly | E, S |
Ilex latifolia | Lusterleaf Holly | E, D |
Ilex opaca | American Holly | E, N, D, |
Ilex vomitoria | Yaupon Holly | E, N, D, |
Ilex x attenuate 'Fosters' | Foster's Holly | E, D, S |
Ilex x 'Nellie Stevens' | Nellie Stevens Holly | E, D |
Koelreuteria paniculata | Goldenraintree | D |
Lagerstromia | Crapemyrtle | D, S |
Magnnolia grandiflora 'Little Gem' | Little Gem Magnolia | E, N, D, |
Magnolia virginiana | Sweetbay Magnolia | N |
Magnolia x souangiana | Saucer Magnolia | D |
Osmanthus americanus | Devilwood | E, N, S |
Oxydendrum arboretum | Sourwood | N, S |
Persea borbonia | Redbay | E, N, S |
Prunus caroliniana | Carolina Cherrylaurel | E, D, S |
Quercus geminate | Sand Live Oak | E, N, S |
Vitex angus-castus | Chastetree | D, S |
Large Shrub - installed at 5-foot height, maintained height at 6-10 feet | ||
Berberis julianae | Wintergreen Barberry | E, D, S |
Cleyera japonica | Japanese Cleyera | E |
Elaeagnus pungens | Thorny Elaeagnus | E, S |
Euonymous japonicas | Japanese Euonymus | E, S |
Botanical Name
| Common Name
|
Botanical Name
| Common Name
| |
Ilex cornuta | Holly | E, D, S |
Ilex vomitoria | Yaupon Holly | E, N, D, |
Ligustrum japonicum | Wax Leaf Privet | E, D, S |
Ligustrum lucidum | Glossy Privet | E, D |
Mahonia bealei | Leatherleaf Mahonia | E |
Myrica cerifera | Southern Waxmyrtle | E, N, D, |
Nerium oleander | Oleander | E, S |
Osmanthus x fortunei | Fortunes Osmanthus | E, D |
Photina serulata | Chinese Photina | E |
Pittosporum tobira | Japanese Pittosporum | E, D, S |
Podocarpus macrophyllus | Chinese Podocarpus | E, D, S |
Rhaphiolepis umbellata | Indian Hawthorn | E, S |
Intermediate Shrub - installed at 36-inch height, maintained height at 4-6 feet | ||
Abelia x grandiflora | Glossy Abelia | E, D |
Acuba japonica | Japanese Acuba | E, D, S |
Clethera alnifolia | Sweet Pepperbush | N, S |
Hydrangea macrophylla | Bigleaf Hydrangea | D, S |
Ilex cornuta | Chinese Holly | E, D, S |
Ilex crenata | Japanese Holly | E, D, S |
Ilex glabra | Inkberry Holly | E, N, D |
Juinperus chinensis | Chinese Juniper | E |
Loropetalum chinensis | Chinese Fringe-Flower | E |
Nerium oleander | Oleander | E |
Raphiolepis indica | Indian Hawthorn | E, S |
Sabal minor | Dwarf Pametto | E, N, D |
Viburnum suspensum | Sandwanka Viburnum | E, S |
Yucca filamentosa | Yucca | E, N, D, S |
Botanical Name | Common Name |
Botanical Name | Common Name | |
Small Shrub - installed at 18-inch height, maintained height at 3-4 feet | ||
Abelia x grandiflora (dwarf var.) | Glossy Abelia | E, D |
Acuba japonica (dwarf var.) | Japanese Acuba | E, D |
Berberis thunbergii | Japanese Barberry | D |
Buxus microphylla var. koreana | Korean Boxwood | E, D |
Euonymus japonicus 'Microphyllus Variegatus' | Var. Boxleaf Euonymus | E |
Gardenia jasminoides 'Radicans' | Cape Jasmine | E, D |
Ilex crenata 'Soft Touch' | Japanese Holly | E, D, S |
Ilex cornuta 'Carissa' | Carissa Holly | E, D, S |
Ilex vomitoria 'Nana" | Dwarf Yaupon Holly | E, N, D, S |
Itea virginica | Virginia Sweetspire | N, D |
Jasminium nudiflorum | Winter Jasmine | E, D |
Juniperus chinensis | Chinese Juniper | E, S |
Nandina domestica | Dwarf Nandina | E, D |
Pieris japonica | Japanese Pieris | E |
Pittosporum tobira | Japanese Pittosporum | E, S |
Raphiolepis indica | Indian Hawthorn | E, D, S |
Spirea japonica | Japanese Spirea | D |
Spirea nipponica | Snowmound Spirea | D |
Yucca filamentosa | Yucca | E, N, D, S |
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)