The following general regulations of this Article shall apply in all situations unless otherwise indicated.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   No yard or lot existing at the time of passage of this Ordinance shall be reduced in size or area below the minimum requirements set forth in this Ordinance. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   Every building or structure hereafter erected shall be located on a lot and the lot shall:

   (A)   Abut a public street; or

   (B)   Abut an approved private street; or

   (C)   Abut a common area properly restricted through deed restrictions and/or a property owners' association and which is at least partly owned by the owner of the building, structure, or portion thereof; or

   (D)   Abut a private access easement as defined herein and subject to the restrictions set forth in Section 155.7.21.

(Ord. 1695, passed 11-8-12; Am. Ord. 1728, passed 5-13-14; Am. Ord. 1838, passed 3-10-22)

   (A)   Only one principal building and one use shall be permitted on lots located in the R-1 and R-2 Residential Zoning Districts except as otherwise permitted by this section.

   (B)   Two principal buildings and only one use shall be permitted on lots located in the R-2 Residential Zoning District subject to the following requirements:

      (1)   The lot on which such buildings are located shall be no less than 100 feet wide at the lot frontage and no less than 100 feet wide at the rear property line of the lot where the rear yard exists.

      (2)   The lot on which such buildings are located shall be no less than 16,000 square feet in size.

      (3)   There shall be a minimum separation of 30 feet between the two principal buildings. No part of either principal building of any kind whatsoever shall be permitted to encroach into this required 30-foot separation.

   (C)   Two principal buildings and one use shall be permitted on through lots located in the R-2 Residential Zoning District subject to the following requirements:

      (1)   The through lot on which such buildings are located shall be no less than 50 feet wide at each street frontage.

      (2)   The through lot on which such buildings are located shall be no less than 10,000 square feet in size and no less than 200 feet in depth.

      (3)   There shall be a minimum separation of 20 feet between the two principal buildings. No part of either principal building of any kind whatsoever shall be permitted to encroach into this required 20-foot separation.

   (D)   Only one principal building and one or more uses shall be permitted on lots located in the C-1 Commercial District I, C-2 Commercial District II, C-3 Commercial District III and C-4 Commercial District IV Zoning Districts.

   (E)   Multiple buildings and one or more uses shall be permitted on lots located in the C-5 Commercial District V Zoning District.

(Ord. 1695, passed 11-8-12; Am. Ord. 1724, passed 3-19-14; Am. Ord. 1737, passed 1-8-15; Am. Ord. 1817, passed 12-10-20; Am. Ord. 1838, passed 3-10-22)

   (A)   No signs, canopies, wooden or metal marquees, or other similar structures shall project beyond any street right-of-way line, except where accessory to and on the same premises as used within the five business districts designated by this Ordinance. Billboards are prohibited in all districts. Any of the above structures within the five designated business districts must be positioned so that the farthest extended part of such structures shall be at least seven and one-half feet from the existing right-of-way line measured from the building side of the right-of-way line. All signs, canopies, wooden or metal marquees, or other similar structures shall be placed so that the lowest part is no closer to the sidewalk or ground than eight feet. A flexible valance may extend one additional foot toward the sidewalk or ground for a clear height of seven feet above the sidewalk. No sign, canopy, wooden or metal marquee or similar structure shall be higher than 20 feet, nor allowed to project above any roof line.

   (B)   Canopies, awnings, and other similar type structures may be used only if:

      (1)   The canopies and awning provide nothing other than identification and street numbers.

      (2)   They will not obstruct the view with support and enclosing walls.

      (3)   They can be removed or secured during time of foul weather.

      (4)   They conform to the structural and construction standards of the NC state building code.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   The land adjoining a street intersection or egress to a street from off-street parking areas shall be kept clear of obstructions to protect the visibility and safety of motorists and pedestrians.

   (A)   Corner Lot Intersections. On a corner lot, nothing shall be erected, placed, or allowed to grow in a manner so as materially to impede vision between a height of three feet and ten feet in a triangular area formed by a diagonal line between two points on the right-of-way lines, 20 feet from where they intersect. A clear view shall be maintained on corner lots from three to ten feet in vertical distance.

   (B)   Driveways. At all points of egress from off-street parking areas to a road, unobstructed visibility shall be maintained at an elevation of between three and ten feet of the centerline pavement level, within the two areas formed by two right angle triangles, on the sides of the driveway. Each triangle shall have a base measuring five feet along the edge of the driveway and a height measuring 30 feet along the edge of the road right-of-way.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   Subject to Article 155.8 of this Ordinance (Nonconforming Situations), no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this Ordinance.

   (B)   For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   The height limitations of this Ordinance shall not apply to church spires, antennas, elevators, HVAC equipment, and similar accessories to buildings.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, sign permits, special use permits, subdivision plat approval, site plan approval, zoning amendments, variances, changes to Ordinance text and map, and other administrative actions. The amount of the fees charged shall be as set forth in the town's budget or as established by resolution of the Board of Aldermen filed in the office of the Town Clerk.

   (B)   Fees established in accordance with subsection 155.2.9(A) shall be paid upon submission of a signed application or notice of appeal.

   (C)   Fees charged for such purposes as outlined in division (A) above, must be used for the purposes as described and no other purposes as outlined in N.C.G.S. § 160D-402(d).

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (B)   No structure or portion of a structure of any kind shall be permitted in any part of a required yard, either below, at, or above ground level, except as set forth in this section or elsewhere in this Ordinance.

   (C)   The following may encroach into the required yard so long as such use complies with all other applicable provisions of this Ordinance:

      (1)   Roofs and gutters may encroach two feet into the required yard.

      (2)   Utility/service equipment stands defined as elevated decks required to raise electrical and mechanical equipment, including but not limited to HVAC units, electrical meters, and generators above the regulatory flood protection elevation as defined in Article 155.11, may encroach four feet into the required rear and side-yard setback area. Utility/service equipment stands shall be located adjacent to single family and duplex structures as set forth in the following table.

 

 

      (3)   Utility/service equipment stands which encroach into the required setback may be accessible by stairs if the following conditions are met:

         (a)   Utility/service equipment stands stairs shall extend no further than four feet into the required setback.

         (b)   Utility/service equipment stand stairs shall not encroach into any required setback except that in which the equipment stand for which the steps are accessing is placed. For example, if the encroaching equipment stand is in a side yard setback, the steps permitting access to such stand shall not encroach in the front or rear yard setbacks at either end of the equipment stand.

         (c)   Utility/service equipment stands stairs shall not be considered in calculating the permitted 30-foot length of the encroaching equipment stand.

         (d)   If the total length of the utility/service equipment stand is split between one side yard and the rear yard (resulting in two equipment stands), only one set of stairs is permitted for access and the permitted stairs must access the equipment stand immediately adiacent to the power meter.

         (e)   Non-conforming utility/service equipment stands erected prior to adoption of this ordinance may be repaired or replaced notwithstanding the maximum encroachment as outlined hereinabove: provided that they comply with this ordinance to the extent possible.

         (f)   The area beneath permitted encroaching utility/service equipment stands and stairs permitting access to such stands may be enclosed but such enclosure must be constructed to be 40% open as required by applicable flood ordinances.

         (g)   No stairs are allowed leading to the roof of the structure from the utility/service equipment stand.

      (4)   Vertical outdoor platform lifts defined as a fully powered vertical platform device designed to raise a person or objects in order to overcome a step or similar vertical barrier that does not include or require an enclosure, shaft, or surrounding structure. Vertical outdoor platform lifts do not include traditional enclosed elevators such as those tvpically found within a structure. Vertical outdoor platforms located in a required side or rear yard setback are subject to the following regulations:

         (a)   Vertical outdoor platform lifts and any associated equipment may encroach up to a maximum of four feet into the side and rear setbacks and may not encroach into the front yard setback. Vertical outdoor platforms and all associated equipment shall not exceed a length of six feet within the required setback.

         (b)   The total length of vertical outdoor platform lifts and their accompanying equipment shall be included in the cumulative length calculation of utility/service equipment stands. This cumulative length must adhere to the maximum allowable limit specified in 155.2.10(2).

         (c)   Vertical outdoor platforms lifts shall be limited to one lift per single-family unit or two lifts per duplex.

         (d)   Vertical outdoor platform lifts located in the side or rear yard setback shall only be permitted on buildings constructed prior to 9-13-2023.

         (e)   The maximum height of a permitted vertical outdoor platform lift's floor shall not exceed the height of the first livable floor of the structure to which it grants access.

         (f)   The permitted vertical outdoor platform lift may have an overhead cover attached to the lift itself.

         (g)   The platform of a permitted vertical outdoor lift shall not exceed 16 square feet.

         (h)   The height of walls or guardrails for a permitted vertical outdoor lift shall be subiect to building code for residential use.

      (5)   Arbors may encroach into any required yard on the conditions that:

         (a)   No stand-alone arbors shall be permitted in the required yards. All arbors shall be part of a fence or wall or contiguous landscaping that serves the same purpose as a fence or wall.

         (b)   Arbors may be no taller than 7.5 feet.

         (c)   Arbors may be no more than 12 inches in depth.

      (6)   Fences may encroach into any required yard so long as they are in conformance with the regulations set forth in Section 155.7.10.

      (7)   Driveways may encroach within the street frontage yards, provided that they are in conformance with Section 155.2.14.

      (8)   Driveways, parking, and sidewalks may encroach into the required yards in the P-C, C-2, C-3, C-4, and C-5 Districts in conformance with the applicable district regulations found in Section 155.6.5.

      (9)   Landscaping, including but not limited to flower beds, planters, tree, etc., may encroach into any required yard. This shall not include gravel, pervious pavers, or impervious pavers, the primary purpose of which is to provide parking. These materials shall be considered as driveways and may encroach into the street frontage yards so long as they are in conformance with Section 155.2.14.

      (10)   Walkways no more than 36 inches wide elevated no more than six inches above grade composed of pervious materials, including but limited to wood and pervious pavers, provided that they are erected for the sole purpose of providing access to residences, piers, or permitted establishments located on the same property or located adjacent to the same property.

      (11)   Bulkheads as defined in this Ordinance installed in accordance with Division of Coastal Management Rules and Regulations.

      (12)   Uncovered stairs and stair landings in pre-FIRM (1970) structures may encroach into the front yard setback in the R-1 zoning district up to a maximum of five feet.

      (13)   Buried LP gas tanks are allowed in the setbacks and free standing tanks may encroach four feet into the side or rear-yard setback area.

      (14)   Retaining walls exceeding 30 inches but not exceeding 48 inches above the lowest adjacent grade erected for soil stabilization, support and safety. These walls do not require the involvement of a licensed civil engineer unless their height exceeds 48 inches. In cases where these walls are designed by a licensed civil enqineer to meet State Building Code requirements and are approved by the Town Floodplain Administrator, the property owner must furnish an engineering inspection report and certification to the town upon completion. Retaining walls constructed to protect public beach access sites are exempt from all height restrictions.

      (15)   A church memorial garden and columbarium and any walkway providing access thereto.

(Ord. 1695, passed 11-8-12; Am. Ord. 1797, passed 7-9-20; Am. Ord. 1813, passed 10-8-20; Am. Ord. 1838, passed 3-10-22; Am. Ord. 1840, passed 7-19-22; Am. Ord. 1850, passed 9-13-23; Am. Ord. 1862, passed 12-12-24)

   (A)   Fire districts are to comply with the provisions of Appendix D, Fire Districts, of the North Carolina State Building Code: Building Code, 2009 Edition, and as thereafter amended, and are established as follows:

      (1)   Fire District No I. Those areas shown as C-1 and C-4 on the official zoning map of the town, as adopted March 13, 2008.

      (2)   Fire District No II. Those areas shown as C-2, C-3, C-5, and all private club zones on the official zoning map of the town, as adopted March 13, 2008.

   (B)   The limit boundaries of both Fire Districts Nos. I and II shall change with, and conform to any official changes in the official zoning map with respect to the zones set forth in this section.

   (C)   After May 27,1982, all buildings erected in the primary and secondary fire districts shall be required to install an approved fire alarm system and an approved sprinkler system.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   No preliminary plat, site plan, or special use permit for which a property owners' association will exist shall be approved until all required legal instruments have been reviewed by the Town Attorney as to legal form and effect and approved by the town.

   (B)   If common open space is deeded to a property owners' association, the owner or developer shall file with the New Hanover County Register of Deeds and the Town of Wrightsville Beach a declaration of covenants, conditions, and restrictions that will govern such association. The provisions of such declaration of covenants, conditions, and restrictions shall include, but not be limited to, the following:

      (1)   The property owners' association must be set up before any property is sold in the development.

      (2)   Membership must be mandatory and automatic when property is purchased in the development.

      (3)   The open space requirement must be permanent, not just for a period of years.

      (4)   The association must be responsible for liability insurance, local taxes, and maintenance of recreational and other common facilities including private streets.

      (5)   Property owners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property.

      (6)   The association must be able to adjust the assessment to meet changed needs.

      (7)   Covenants for maintenance assessments shall run with the land.

      (8)   Provision ensuring that control of such association will gradually be vested in the property owners' association.

      (9)   All lands so conveyed shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common facilities.

      (10)   Stormwater management system maintenance schedule.

   (C)   All POA documents submitted as part of a development or site plan approval must be reviewed and approved by the Town of Wrightsville Beach Attorney prior to the issuance of building permits for the project.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   Temporary buildings, including mobile structures, incidental to a construction project may be permitted to be used concurrent with the permit for permanent building(s) or construction. Such temporary building shall be removed within 14 days following completion of construction. No such building shall be used for dwelling purposes. Refer to Section 155.11.18(H) for additional regulations regarding temporary structures in a floodplain.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   No person shall construct, reconstruct, or repair any driveway within the town without first obtaining from the UDO Administrator a zoning permit to do so. Such person shall construct, reconstruct, and repair such driveway under the supervision of the UDO Administrator, and in accordance with Article 155.9, Part II of this Ordinance.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   In all zoning districts, roofing materials shall have non-reflective/non-glare finishes.

   (B)   For buildings in non-residential zoning districts, exterior metal finishes shall not be allowed on the front facade of the building.

   (C)   In accordance with N.C.G.S. § 160D-703 and N.C.S.L. 2019-174, structures subject to the One- and Two-Family Building Code shall not be subject to regulations requiring a minimum square footage.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)