In accordance with the requirement of N.C.G.S. § 160D-703, that zoning regulation be by districts, the town, as shown on the Zoning Map, is hereby divided into the following districts which shall be governed by all of the uniform use and dimensional requirements of this Ordinance.

   The purposes of establishing the following zoning districts are:

   •   To implement adopted plans;

   •   To promote public health, safety, and general welfare;

   •   To provide for orderly growth and development;

   •   To provide for the efficient use of resources;

   •   To facilitate the adequate provision of services;

   •   To protect property values and property rights.

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

   Zoning districts have uses specified as permitted by right, uses permitted with supplemental regulations, and special uses. Detailed use tables are provided in Section 155.6.4 showing the uses allowed in each district. The following describes the processes of each of the categories that the uses are subject to:

   •   Permitted by Right: Administrative review and approval subject to district provisions and other applicable requirements only.

   •   Permitted with Supplemental Regulations: Administrative review and approval subject to district provisions, other applicable requirements, and supplemental regulations outlined in Article 155.7.

   •   Special Uses: Planning Board review and recommendation, Board of Aldermen review and approval of special use permit subject to district provisions, other applicable requirements, and conditions of approval. Some special uses may also be subject to supplemental regulations outlined in Article 155.7.

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

   For the purposes of this Ordinance, the Town of Wrightsville Beach, North Carolina is hereby divided into the following primary zoning districts:

   (A)   R-1 Residential District. The R-1 district is established as a district in which the principal use of the land is for single-family residences. The regulations of this district are intended to protect existing residential areas with minimum lot sizes of 8,000 square feet and to encourage, in selected portions of the planning area, the subdivision of undeveloped property into lots with a minimum of 8,000 square feet.

   (B)   R-2 Residential District. The R-2 district is established as a district in which the principal use of land is for medium-density residential uses. The regulations of this district are intended to protect existing residential areas with a minimum lot size of 8,000 square feet for the first single-family residential dwelling or duplex and an additional minimum lot area of 4,356 square feet per residential dwelling in excess of two. The minimum required lot area for a duplex on a nonconforming lot in the R-2 district shall be 4,000 square feet.

   (C)   Private Club District. The PC district is established to accommodate private clubs.

   (D)   Commercial District I. The C-1 district is established to embrace the existing and growing commercial, tourist, and short-term residential uses. Maximum density for hotels and motels shall be 48 units per acre.

   (E)   Commercial District II. The C-2 district is established to embrace the existing and growing commercial, tourist, and short-term residential uses. Maximum density for hotels and motels shall be 48 units per acre.

   (F)   Commercial District III. The C-3 district is established to permit those specialized uses which will fulfill the special needs of daily commuters and periodic short-term visitors. Maximum density for hotels and motels shall be 48 units per acre.

   (G)   Commercial District IV. The C-4 district is established to accommodate a growing volume of short-term hotel-motel visitors. Maximum density for hotels and motels shall be 48 units per acre.

   (H)   Commercial District V. The C-5 district is established to permit light to medium neighborhood commercial use. Maximum density for hotels and motels shall be 36 units per acre.

   (I)   Public and Semipublic District. The G-1 district includes property owned by a local, state, or federal agency.

   (J)   Shore Zone. The S-1 district contains built up land constructed by the state, the federal government, and the town. No lot or parcel of land shall be used for any purpose whatsoever except in accordance with subsection 155.6.5.11.

   (K)   Conservation Zone. The P-1 district is established as a district in which no lot or parcel of land may be developed for any purpose except commercial piers ( where the P-1 zone adjoins a zone permitting a marina), private piers (where the P-1 zone adjoins a residential district), and ocean-related business activities as permitted in Chapter 92 of the Code of Ordinances.

For a detailed table of specified permitted/special uses in the above listed zoning districts, see Section 155.6.4.

(Ord. 1838, passed 3-10-22)

 

 

   155.6.5.1 R-1 Residential District.

            8,000 Square Feet   24,000 Square Feet

               70 Feet      200 Feet

G   Principal Building Height

   •   No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation.

H   Accessory Building

   •   Must be 15 feet from any lot line;

   •   Must be located behind the rear building line; and

   •   Shall not exceed 10 feet by 10 feet by 12.5 feet in height, except detached garages which shall not exceed 10 feet by 20 feet by 14 feet in height.

 

   155.6.5.2 R-2 Residential District.

            8,000 Square Feet

            Duplex Dwelling on Nonconforming Lot =

            4,000 Square Feet

            Minimum required additional lot area per residential unit in excess of two =

            4,356 Square Feet

            70 Feet      100 Feet

   Note: For special uses only, where residential units have rear exits into side yards, the yard shall increase 2 feet in width for each unit having such exit.

   •   No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation.

   •   Must be 15 feet from any lot line;

   •   Must be located behind the rear building line; and

   •   Shall not exceed 10 feet by 10 feet by 12.5 feet in height, except detached garages which shall not exceed 10 feet by 20 feet by 14 feet in height.

 

   155.6.5.3 C-1 Commercial District I.

            Special Use = 10,000 Square Feet

            •   20 units per acre for apartments or residential buildings

               Special Use = 100 Feet

               Special Use = 100 Feet

   However, when a side yard is provided, it shall be at least 7.5 feet in width, except where the side yard borders on a public thoroughfare.

   No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation.

   The minimum lot width and depth requirements for special uses in the C-1 District shall not apply to Mixed- Use Commercial Residential projects approved by the Board of Aldermen pursuant to Section 155.7.6.

 

   155.6.5.4 C-2 Commercial District II.

            Special Use = 10,000 Square Feet

            •   20 units per acre for apartments or residential buildings

   7.5 Feet of which shall be developed for sidewalks, grass, plants, and the necessary entrances and exits to driveways.

   No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation.

   Frame Structures

   A frame structure may be erected in a number two fire district if there is a minimum setback of 15 feet on the side, rear, and front yards, and a two-hour fire wall is provided for walls that face the wall of another structure or adjoin a lot where another structure may be built. If a property owner provides a 30 Foot setback from all property lines so that no structure may ever be erected within 30 Feet of the proposed or existing structure, then the two-hour fire wall may not be required.

 

   155.6.5.5 C-3 Commercial District III.

            Special Use = 10,000 Square Feet

            •   20 units per acre for apartments or residential buildings

               Special Use = 100 Feet

                  Special Use = 15 Feet

   7.5 Feet of which shall be developed for sidewalks, grass, plants, and the necessary entrances and exits to driveways.

                  Special Use = 20 Feet

                  Special Use = 20 Feet

 

   155.6.5.6 C-4 Commercial District IV.

            Special Use = 10,000 Square Feet

            •   30 units per acre for apartments or residential buildings

            Special Use = 100 Feet

   which shall be developed for sidewalks, grass, plants, and the necessary entrances and exits to driveways.

   •   Off-street parking shall be permitted in the front yard area provided that 10 Feet of the yard area be developed and used as a buffer adjacent to the existing or proposed street.

   H   Principal Building Height

   No building shall exceed 96 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation.

 

   155.6.5.7 C-5 Commercial District V.

   •   A minimum of one tree for each 30 Linear Feet of property frontage along the street right-of-way shall be required. Required trees shall be broad leaf evergreens planted and maintained such that at 15-year maturity, a continuous shade producing tree shall result that will have a foliage diameter of at least 24 Feet.

   •   Landscaping shall not obstruct vehicular sight lines at points of exit from or entrance to streets.

   •   The property owner shall be responsible for continuous maintenance of the landscaped area.

   •   Driveways to provide entrances and exits to the property may be included in the 30 Foot front yard setback.

   •   No commercial driveway shall go through a residential zone to obtain access to any street.

   •   Off-street parking may be provided within the 30 Foot front yard setback, however, in all cases, 10 Feet of the setback immediately adjacent to the right-of-way shall be developed as a landscaped area in accordance with the requirements of Section 9.17.

   •   A sidewalk, a minimum of 5 Feet wide by 6 Inches thick of reinforced concrete shall be constructed within the right-of-way immediately adjacent to the front property line. Such sidewalk shall extend across the entire property frontage that adjoins such right-of-way.

   •   The vertical distance measured from a point in the center line of the street (whether public or private) adjoining the front of the lot on which a structure is to be built or improved that is an equal distance from the side lines extended to the center line of the adjoining street to the highest point of the coping of a flat roof, to the ridge line of a mansard roof, to the ridge of a gable, hip or gambrel roof, or to the highest point of a roof deck or hand rail. Elevator penthouses and necessary mechanical service equipment are exempt from this height limitation provided they are properly screened. Also exempt are chimneys, solar panels, and church steeples, For corner lots adjoining two streets or for those lots that do not adjoin a street, the adjoining street for the purposes of this definition shall be the street which is the address of the lot. Features which increase the heigh of the street at its center above its average grade, such as speed bumps, shall be omitted in determining building height.

      •   In lieu of the definition set forth in Exhibit A, when the following conditions are satisfied:

         •   The property owner or his agent requests that said definition be utilized as a special use through an application submitted in accordance with Section 155.4.5;

         •   The Board of Aldermen shall find that the standards set forth in subsection 155.4.5.4 are met; and

         •   The Board of Aldermen shall find, in addition to those matters set forth in subsection 155.4.5.4, that

            •    The special use, if permitted, will result in the retention of the natural terrain of the subject property;

            •   The special use, if permitted, will reduce the impact on the natural environment of the subject property and surrounding properties.

      •   In making its decision the Board of Aldermen shall comply in all respects with the provisions of this section and Section 155.4.5.

   A frame structure may be erected in a number two fire district if there is a minimum setback of 15 feet on the side, rear, and front yards, and a two-hour fire wall is provided for walls that face the wall of another structure or adjoin a lot where another structure may be built, If a property owner provides a 30 Foot setback from all property lines so that no structure may ever be erected within 30 Feet of the proposed or existing structure, then the two-hour fire wall may not be required.

 

   155.6.5.8 G-1 Public and Semipublic District.

                  (15 Feet for Frame Buildings)

                  (15 Feet for Frame Buildings)

                  (15 Feet for Frame Buildings)

   *   Minimum front, side, and rear setbacks for a church shall be 15 Feet.

   •   No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation.

   May be located in the required rear yard setback provided:

   •   The building shall be 15 feet from the principal building

   •   Must be not less than 5 feet from any lot line; and

   •   Must not occupy more than 10% of the required rear yard.

 

   155.6.5.9 PC Private Club District.

   which shall be developed for sidewalks, grass, plants, and necessary entrances, exits, and driveways.

   No portion of any building shall be closer to the street or highway than 15 feet.

   •   No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation.

   May be placed on a lot provided that the building shall be 7.5 feet from the principal building and located behind the rear building line.

 

   155.6.5.10 P-1 Conservation Zone.