Wrightsville Beach City Zoning Code

ARTICLE 155

7 SUPPLEMENTAL REGULATIONS

Section 155.7.1 Introduction.

The following supplemental regulations shall pertain to the various uses listed in the Table of Uses located in Article 155.6. If not otherwise listed, these regulations shall be applicable in all districts in which the individual uses are allowed.

For any use which requires the issuance of a special use permit, the supplemental use regulations listed herein may be in addition to any other reasonable and appropriate conditions placed on the use by the Board of Aldermen. The conditions may impose greater restrictions on a particular use than those which are listed herein.

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

Section 155.7.2 Accessory Buildings/Structures.

(A) Accessory Buildings. Accessory buildings to residential uses are permitted provided that no accessory building shall include habitable space or be rented or occupied for gain and provided accessory building shall meet the minimum yard and height requirements as defined in Section 155.6.5.

(B) Accessory Structures. Accessory structures, as defined in Exhibit A, are permitted provided they are located in the rear yard and comply with all applicable rear and side yard setbacks.

(C) Any use that requires a special use permit would require a special use permit for the addition of an accessory structure or building.

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

Section 155.7.3 Activities Operated Exclusively for Pleasure, Recreation, Etc.

Activities operated exclusively for pleasure, recreation, social, athletic, educational, research or research-related purposes by a private business entity may be allowed pursuant to the use tables provided in Section 155.6.4, provided that the entity shall have a contract with the town which defines the terms and conditions under which its operations shall be performed.

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

Section 155.7.4 Health Care Facilities.

As defined by N.C.G.S. § 131E-256, shall not be located within a one-half mile radius of an existing health care facility.

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

Section 155.7.5 Assembly Halls, Gymnasiums, and Other Similar Structures.

Assembly halls, gymnasiums, and other similar structures may be allowed pursuant to the use tables provided in Section 155.6.4, provided that no part of the net earnings of which inures to the benefit of any person, club, corporation, shareholder, or any other legal entity.

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

Section 155.7.6 Mixed Use Commercial-Residential.

(A) Conceptual Plan Review. It is the intent of the site analysis data and conceptual development plan process to provide an opportunity for public input and to provide the Board of Aldermen, UDO Administrator, Town Manager, the town staff, and other appropriate state and federal agencies the opportunity to review and evaluate the impact of a mixed use development proposal on the character of the area in which it is proposed to be located. This process is intended to take into consideration the general form of the land, density, and ratio of residential to commercial use before and after development as well as the spatial relationships of the proposed structures, open spaces, landscaped areas, and general access and circulation patterns as they relate to the proposed development and the surrounding area, as well as any other criteria deemed relevant by the Board of Aldermen.

(B) Applicability. The procedures for conceptual plan review shall apply only to mixed use commercial-residential projects as defined in Exhibit A.

(1) Application Submittal Requirements. No application shall be accepted in which the proposed development exceeds the height limit of 40 feet. Applications for conceptual development plan review shall be submitted to the UDO Administrator on forms prescribed by the town.

(a) Forms shall include the name and address of the applicant, the name and address of the owner of each zoning lot involved, and the relationship of the applicant and property owner in connection with the plan.

(b) If the applicant or property owner is an entity other than an individual, the application shall also include the names and addresses of (i) all officers and shareholders of a corporation, (ii) all members and managers of a limited liability company, and (iii) all officers and members of an unincorporated association. If a corporation or limited liability company is a shareholder of a corporate applicant or a member of a limited liability company applicant, the same information for such shareholder or member corporation or limited liability company shall be provided.

(c) The application shall also include a statement of the development experience of the applicant as well as that of its officers and shareholders if a corporation, its members and managers if a limited liability company, and its officers and members if an unincorporated association.

(d) The conceptual review application shall be accompanied by a plan, which demonstrates a high quality of overall site design.

(e) The conceptual development plan application shall include a written statement which addresses the following:

(i) The relationship and balance among site elements;

(ii) The relationship of the development to natural features;

(iii) The relationship of the development to neighboring developments and undeveloped land; and

(iv) The application shall also describe access and circulation systems, retention of natural vegetation, alteration of natural topography, mitigation of erosion and sedimentation, mitigation of stormwater drainage and flooding, arrangement and orientation of buildings and amenities in relation to each other and to neighboring developments and streets, landscaping, preservation or enhancement of vistas, and mitigation of traffic impacts.

(f) The UDO Administrator shall prescribe any other material that may reasonably be required to determine compliance with this section, ordinances, and relationship to the town's comprehensive plan.

(g) No less than 15 copies of the requested materials shall be provided. More copies may be requested if required for necessary referrals and records.

(h) The application shall be accompanied by one set of plain letter-sized envelopes, stamped, unsealed, and addressed to property owners within a 300-foot radius of the proposed development, as shown on the New Hanover County tax listing, and bearing the return address of the town.

(i) The conceptual development plan application shall be submitted together with the fee as established from time to time by the Board of Aldermen.

(j) The UDO Administrator shall accept no conceptual development plan application unless it complies with such submittal requirements. Applications that are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the applications.

(2) Time Frame for Action on Concept Plans. Upon receipt of a complete conceptual development plan application, the UDO Administrator shall forward all information submitted by the applicant for review to each town department and other local, state, or federal agencies as deemed necessary. The UDO Administrator shall forward the application to the Board of Aldermen for review and consideration within 30 days of receipt of a complete application.

(3) Public Notice of Conceptual Development Plan Review. Not less than ten days and not more than 25 days prior to the meeting at which the conceptual development plan will be reviewed by the Board of Aldermen, notification of such review shall be mailed by first class mail to all property owners within a 300-foot radius of the proposed development as shown on the New Hanover County tax listings. In addition, a sign announcing the date, time and location of all conceptual development plan review meetings shall be posted on the development site, and the public right-of-way adjacent to where cars enter and exit the town shall be posted not less than ten days prior to said meetings. The UDO Administrator or his or her designee shall mail the property notification and post the sites indicated above. The Town Clerk shall certify to the Planning Board and Board of Aldermen that the required notices have been mailed.

(4) Aspects of Review; Board of Aldermen Review.

(a) The Board of Aldermen, in examining conceptual development plan applications, shall consider the various aspects of design, with special emphasis on whether the proposed development is consistent with the goals and objectives of the town's comprehensive plans, the height requirements of this Ordinance, and the setback requirements of this Ordinance.

(b) The Board of Aldermen shall consider public comments and shall base its recommendation on its determination of whether or not the application conforms to applicable provisions of this section, including but not limited to the height, parking, and setback requirements, and the adopted comprehensive plans.

(c) The Board of Aldermen may appoint a subcommittee to review the conceptual development plan application. The Mayor shall determine the make-up of the subcommittee.

(d) After considering public comments and the recommendations of the UDO Administrator, Town Manager, the town staff, and other appropriate state and federal agencies, the Board of Aldermen shall adopt a resolution transmitting its preliminary recommendations to the applicant. Such resolution may reject, modify, or approve the conceptual plan in whole or in part. This resolution does not vest the applicant or property owner with any rights, other than the right to submit a formal development plan and request consideration of special use permit for mixed use development.

(D) Mixed Use Special Use Permit Application. After receipt of the conceptual plan resolution from the Board of Aldermen, the applicant may apply for a special use permit following the procedures set forth in Section 155.4.5. When reviewing the mixed use special use permit, the Planning Board and Board of Aldermen shall consider all standards and requirements set forth in Section 155.4.5 and the additional conditions set forth in subsection (E) below.

(E) Additional Special Use Permit Standards for Mixed Use Development. In addition to meeting the standards for a special use permit as set forth in Section 155.4.5, each mixed use development must meet the following additional conditions:

(1) That the proposed development provides open space in accordance with Section 155.2.10 (Open Space); including the proposed method for the maintenance and conservation of said open space.

(2) That all stages contained in the preliminary development plan can exist as a compatible and feasible independent development.

(3) That adequate measures have been or will be taken to provide ingress and egress designed so as to minimize traffic congestion in the public streets. This may include provisions for bicycling, walking, and other alternatives to the automobile. In addition, that adequate primary streets and thoroughfares are available to support traffic generated within the proposed mixed use development.

(4) That the public benefits derived from the proposed development justify the requested departure from the standard zoning district requirements.

(5) That important natural amenities, to include but not be limited to primary dunes as defined by the Coastal Area Management Act (CAMA), trees, vegetative buffers, and scenic views and vistas on the site and in the surrounding area of the proposed development are preserved.

(6) That the proposed development meets the spirit and intent of the adopted CAMA land use plan.

(7) That the proposed development meets all required parking standards unless such standards are reduced or an exception is granted to such standards in accordance with Article 155.9, Part I.

(F) Public Notice Requirement for Mixed Use Developments. Application for a mixed use special use permit ("MUSUP") shall be filed with the UDO Administrator or his or her designee on a form prescribed by the town. The application shall be accompanied by such plans and data prescribed by the UDO Administrator, four sets of plain letter-sized envelopes, stamped, unsealed, and addressed to property owners within a 300-foot radius of the proposed development as shown on the New Hanover County tax listing, and bearing the return address of the town, together with the fee as established from time to time by the Board of Aldermen. The applicant shall include a statement in writing, supported by adequate evidence, that the proposed MUSUP will conform to the standards set forth in Sections 155.4.5 and 155.7.7(E). Notice that the MUSUP will be considered shall be mailed by first class mail to all property owners within a 300-foot radius as shown on the New Hanover County tax listing at the last addresses listed for such property owners on the New Hanover County tax abstracts, not less than 14 days prior to the public hearings at which the application will be considered. In addition, the proposed development site and the public right-of-way adjacent to where cars enter and exit the town shall be posted with a sign announcing the date, time, and location of all Planning Board meetings and the Board of Aldermen meetings at which the application is to be considered not less than ten days prior to said meetings. The Town Clerk shall certify to the Planning Board and Board of Aldermen that the required notices have been mailed. The Planning Board, after its review of the application and supporting documents, shall send its written findings and recommendations to the Board of Aldermen for action.

(G) Certain Construction Within the Front Building Setback Allowed for Mixed Use Development. Notwithstanding anything in the town's ordinances to the contrary, in approving a mixed use special use permit pursuant to subsections (A) through (F), the Board of Aldermen may allow for the construction of (i) vertical public accesses ( e.g., stairwells, elevators) for means of ingress and egress, and (ii) vertical shaftways for elevator system components and fire protection systems within the established front building setback upon a finding by the Board of Aldermen that the proposed construction within the front setback:

(1) Does not materially impede vehicle, bicycle or pedestrian vision from any adjacent street or highway;

(2) Does not negatively impact any scenic views from properties adjacent to the mixed use development;

(3) Is not objected to by the town's Fire, Police, and Public Works Departments;

(4) Is offset by an equal amount of pervious green space within the building footprint of the mixed use development;

(5) Is located no nearer than 15 feet to the existing edge of any sidewalk or pavement on any street or highway, whichever is more restrictive;

(6) Is located no nearer than 20 feet to any corner of the mixed use building that is adjacent to a side property line; and

(7) Does not otherwise endanger the public health, safety or welfare.

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

Section 155.7.7 Car Wash.

Car washes shall be permitted in accordance with the use tables in Section 155.6.4, subject to the following:

(A) No storage, repair, or sales of vehicles shall be allowed on the site.

(B) Provisions shall be made for an on-site drainage system to capture water used to wash vehicles; or provide connections to an approved sanitary sewer system.

(D) Accessory sales or services are not permitted.

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

Section 155.7.8 Child Care Centers.

Child care centers may be allowed pursuant to the use tables provided in Section 155.6.4, subject to the following standards:

(A) Licensing. A child care facility shall be licensed by the New Hanover County Health Department and the NC Division of Child Development.

(B) Vehicle Circulation. In addition to the requirements of Article 155.9, Part I, an applicant for a child care center shall provide a vehicular circulation plan showing on-site queuing and circulation based upon the location and number of patrons that utilize the facility.

(D) Landscaping. In addition to the landscaping requirements of Article 155.9, Part IV, one additional shade tree per 1,000 square feet of outdoor play or activity area shall be installed.

(E) Setbacks from Residential. All stationary play equipment, dumpsters, garbage cans, or recycling bins, and similar equipment shall be located at least 20 feet from any abutting residential property line.

(F) Hours of Operation. Child care centers adjacent to residential areas shall not operate between the hours of 7:00 p.m. and 6:00 a.m.

(G) Parking. Parking areas for child care centers shall be located to the side or rear of the building.

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

Section 155.7.9 Detached Garages.

Detached garages may be allowed pursuant to the use tables provided in Section 155.6.4, provided they comply with the requirements outlined in subsections 155.6.5.1, 155.6.5.2, and 155.11.18(H)(1).

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

Section 155.7.10 Fences and Walls.

(A) Intent. This section regulates fences located between the property line and the setback line on any lot. Fences elsewhere on the property (for example, an outdoor shower privacy screen) are considered part of the primary or accessory structure and are not regulated by this section. The intent of this section is to ensure that physical boundaries between properties do not interfere significantly with visibility or air movement on adjoining properties.

(B) Fences.

(1) Maximum fence height shall be measured from grade at any given point along the span of a fence. Maximum permitted height of fences shall be as follows:

(a) Fences constructed adjacent to any street right-of-way from which there is vehicular access to a lot shall not exceed four feet in height.

(b) Fences located within the front yard setback of a lot shall not exceed four feet in height.

(c) Fences not restricted as set forth in sections (a) or (b) above shall not exceed six feet in height, except in the C-1, C-2, C-3, and C-4 zoning districts, where fences shall not exceed eight feet in height or in the R-1 and R-2 zoning districts along a property line that abuts the C-1, C-2, or C-3 zoning district.

(d) Fences located within the triangular area as stated in subsection (C) of a corner lot shall not exceed three feet in height.

(e) Permitted nonconforming fences in existence adjacent to Causeway Drive as defined herein on the date of adoption of this Ordinance may be removed and rebuilt to their height as of the date of adoption of this Ordinance, but in no event to exceed six feet in height. The provisions of this subsection (e) shall only apply to permitted nonconforming fences located on property occupied by a permitted or permitted nonconforming multiple dwelling. The provisions of this subsection (e) shall apply to property adjacent to Causeway Drive extending from the western side of the bridge crossing Banks Channel westwardly to the intersection of Causeway Drive with the eastern line of Seacrest Drive.

(2) No person shall undertake construction of a fence without first acquiring a permit from the town. Applications for construction of fences shall be submitted on forms prepared by the UDO Administrator and shall include a site plan showing the location of the fence, the proposed distance from any property line, the proposed height and a cross section of the fence. Corner lots shall indicate compliance with subsection (C). All fences must comply with the town's floodplain ordinances, the North Carolina State Building Code and any applicable wind load requirements.

(3) This section shall not supersede any buffering or fencing requirements established by this Ordinance.

(4) No chain link fences are allowed in the R-1 and R-2 districts.

(Ord. 1695, passed 11-8-12; Am. Ord. 1775, passed 4-12-18; Am. Ord. 1838, passed 3-10-22; Am. Ord. 1861, passed 9-12-24)

Section 155.7.11 Financial Institutions/Banks.

Financial institutions with a drive-through may be allowed pursuant to the use tables provided in Section 155.6.4, subject to the following standards:

(A) Stacking lanes for drive-through windows shall be located so as to avoid conflict with the normal flow of traffic on the site.

(B) A vehicle pass-by lane shall be constructed adjacent to each window to provide for complete, unimpeded circulation throughout the site.

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

Section 155.7.13 Home Occupations.

(A) This section is intended to regulate the operation of an occupation within a dwelling unit to minimize the impact to surrounding residential uses and maintain the character of the town's residential areas.

(B) Home occupations are permitted in the following zoning districts: R-1, R-2, C-1, C-2, C-3, and C-4, provided that:

(1) Only one person other than residents of the dwelling unit shall be engaged in such occupation;

(2) Not more than 250 square feet of the floor area of the dwelling unit shall be used in the operation of the home occupation;

(3) Permitted home occupations shall be limited to office and professional use and homecrafts;

(4) There shall be no change in the outside appearance of the dwelling or premises, or other visible evidence of the operation of the home occupation;

(5) There shall be no rental of goods or equipment;

(6) No traffic shall be generated by the home occupation which will exceed the normal volumes of traffic anticipated within the residential area;

(7) No equipment or process shall be used in connection with the home occupation which will create noise, vibration, fumes, or electrical interference not customarily associated with the operation of a household;

(8) No vehicles other than typical passenger vehicles, 1/2-ton pickup trucks, and standard step vans shall be used in connection with the home occupation. Off-street parking requirements shall be as set forth in Article 155.9, Part I; and

(9) The home occupation shall be carried out solely within the principal dwelling unit. There shall be no display or storing of goods or supplies so as to be visible from the street or adjoining properties.

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

Section 155.7.14 Nursing Home.

A nursing home may be allowed pursuant to the use tables provided in Section 155.6.4, subject to the following standards:

(A) A landscaped buffer shall be provided, at a minimum, between a nursing home and all abutting residential districts.

(B) There shall be at a minimum 50 feet of road frontage.

(C) Adequate provisions shall be made for service vehicles with access to the building at a side or rear entrance, and without backing onto rights-of-way to exit the property.

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

Section 155.7.15 Ocean-Related Business Activities.

A business engaged in ocean-related business activities may operate on the beach front pursuant to the use tables provided in Section 155.6.4, subject to the following terms and conditions:

(A) Such business shall only operate pursuant to an annual permit issued by the town. Such permit shall expire on January 1 of each year. A fee established by the Board of Aldermen shall be charged for such permit.

(B) Each business to which an annual permit is issued shall be required to maintain a general liability insurance policy with the town named as an additional insured and worker's compensation insurance as required by the State of North Carolina. Prior to the issuance of a permit, the business must provide the town with evidence that such insurance is in force.

(C) Such business shall purchase the required privilege license in addition to the permit required in the preceding subsection.

(D) Hours of operation of such business shall be limited to 7:00 a.m. to 8:00 p.m. Businesses engaged in teaching surfing, paddle boarding, and kite boarding shall not operate between the hours of 10:00 a.m. and 4:00 p.m. on Easter, Memorial Day, 4th of July, and Labor Day.

(E) The geographical area of operation of such businesses shall be the "designated surfing areas" as established under the provisions of § 92.12 of the Code of Ordinances. Provided that this limitation shall not apply to the rental of chairs and umbrellas by hotels located immediately adjacent to the beach front.

(F) Any representative of such business when operating on the beach front shall have a copy of the permit required under subsection (A) above immediately available at all times that such business operations are taking place.

(G) No sale or rental of merchandise or equipment shall be conducted in connection with the operation of such business on the beach front. No payment of any fees shall be accepted by such business on the beach front. Any rental or sales of merchandise or equipment or payment for such items and for personal services must be carried out at the primary business location of such business.

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

Section 155.7.16 Private Club.

Private clubs may be allowed pursuant to the use tables provided in Section 155.6.4, however:

(A) No private club shall be allowed on any property within any residential zone; and

(B) No residential units shall be permitted in a private club.

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

Section 155.7.17 Floor Area Ratio.

(A) It is the intent of this section to control the relationship of lot size to the size or bulk of any building constructed on such lot in an effort to maintain the neighborhood identities that prevail within the town.

(B) The allowable floor area ratio for single-family and duplex structures shall not exceed a ratio of 0.7.

(C) The square footage of porches and decks, pools and hot tubs that are elevated greater than four feet above ground and not enclosed by habitable space, may not exceed 25% of the allowable square footage as determined by the floor area ratio permitted by subsection (B) of this section. Provided that in cases where the permitted measured area is not fully utilized, unutilized measured area may be traded for additional porch and deck space. The trade ratio shall be 1:1.

(D) A single-family or duplex structure having habitable space (as defined in Exhibit A) below the base flood elevation (as defined in Exhibit A) that was created prior to November 11, 1974, may be reconfigured so that such habitable space is relocated above base flood elevation. After such reconfiguration, the ratio of measured area (as defined herein above) to lot square footage shall be the greater of that permitted by subsection (B) and subsection (C) of this section; or, that created by adding the measured area above base flood elevation that existed before the reconfiguration and the square footage of the habitable space below base flood elevation that existed before the reconfiguration.

(Ord. 1695, passed 11-8-12; Am. Ord. 1811, passed 10-8-20; Am. Ord. 1838, passed 3-10-22)

Section 155.7.18 Wireless Facilities and Wireless Support Structures.

155.7.18.1 Purpose and Intent. The purpose of this section is to ensure that residents and businesses in the Town of Wrightsville Beach have reliable access to wireless telecommunications networks and state of the art communications services while also ensuring that this objective is achieved in a fashion that preserves the intrinsic aesthetic character of the community and is accomplished according to the Town of Wrightsville Beach's zoning, planning and design standards. The Telecommunication Act of 1996, the regulations of the Federal Communications Commission (FCC) and the N.C. General Statutes (particularly N.C.G.S. § 160D-930, et seq.) preserved, with certain limitations, local government land use and zoning authority concerning the placement, construction, and modification of wireless facilities. The Town of Wrightsville Beach recognizes that facilitating the development of wireless service technology can be an economic development asset to the Town of Wrightsville Beach and a significant benefit to residents. This section establishes parameters for the siting of wireless telecommunications facilities. It is the intent of this section to:

(A) Ensure access to reliable wireless telecommunications services throughout all areas of the Town of Wrightsville Beach;

(B) Encourage the use of existing monopoles, towers, utility poles and other structures for the collocation of telecommunications facilities;

(D) Minimize the number of new monopoles and towers that would otherwise need to be constructed by providing incentives for the use of existing structures;

(E) Encourage the location of monopoles and towers, to the extent possible in areas where the adverse impact on the community will be minimal;

(F) Minimize the potential adverse effects associated with the construction of monopoles and towers through the implementation of reasonable design, landscaping and construction practices;

(G) Ensure public health, safety, welfare and conveniences; and

(H) Conform to federal and state laws that allow certain antennas to be exempt from local regulations.

This section is divided into subsections, one for each type of wireless facility listed in Section 155.6.4, Table of Permitted/Special uses. The three types of facilities as defined in Appendix A are:

(1) Wireless facility and substantial modifications (See subsection 155.7.18.3 below.);

(2) Small wireless facility (See subsection 155.7.18.4 below.); and

(3) Stealth wireless facility and collocation on existing structures. (See subsection 155.7.18.5 below.).

(4) Stealth wireless facilities may be small wireless facilities. Stealth wireless facilities that do not meet the definition of small wireless facility must meet the standards of this section. This section is also mandatory for collocations that do meet the definition of a small wireless facility.

(5) The fifth subsection discusses non-conforming situations.

155.7.18.2. General Requirements.

(A) Requirements for all applications.

(1) Applications will be deemed abandoned if left incomplete for more than 90 days from the date the applicant was notified in writing that the application was incomplete or deficient.

(2) No work of any kind may begin until all the required permits have been approved. Collocations on existing structures and small wireless facilities require a certificate of zoning compliance and a building permit, unless constructed in a town public right-of-way (PROW). Small wireless facilities constructed in a PROW also require an encroachment permit. Stealth facilities require a certificate of zoning compliance and a building permit. Stealth facilities located on town property require an encroachment permit. All other wireless facilities, including substantial modifications, require a special use permit, certificate of zoning compliance and building permit(s).

(3) The applicant must provide a deed, lease, or in the case of siting in the PROW, an application for an encroachment permit substantiating that it has the right to use the property for a wireless facility.

(4) All wireless support structures and their accessory structures shall use building materials, colors and textures designed to blend with the structure to which it may be affixed and to harmonize with the natural surroundings. The use of stealth camouflage or concealment is encouraged.

(5) Any technical information must be provided in such a manner, detail and form that the content and any conclusions are able to be verified by a third party using the information provided by the applicant.

(B) Exemptions.

(1) Ordinary maintenance of existing telecommunications facilities and wireless support structures, shall be exempt from zoning and permitting requirements.

(2) In addition, the following facilities are not subject to the provisions of this subsection:

(a) antennas used by residential households solely for broadcast radio and television;

(b) satellite antennas used solely for residential or household purposes;

(c) cells on wheels (COWS) placed for a period of not more than 120 days at any location within the town after a declaration of an emergency or a disaster by the Governor or by the responsible official of the Town of Wrightsville Beach.

(3) The replacement of one facility with another like facility. For example, the replacement of a small wireless facility with another small wireless facility.

(4) Installation, placement, maintenance or replacement of micro wireless facilities that are suspended between existing utility poles or town utility poles.

(5) Communication services providers authorized to occupy town rights-of-way who are paying taxes under N.C.G.S. § 105-164.4(a), (4c) or (6).

(1) Wireless services providers are required to remove an abandoned wireless facility within 180 days of abandonment. Should the wireless services provider fail to timely remove the abandoned wireless facility, the town may cause such wireless facility to be removed and may recover the actual cost of such removal, including legal fees, if any, from the wireless services provider. For purposes of this subsection, a wireless facility shall be deemed abandoned at the earlier of the date that the wireless services provider indicates that it is abandoning such facility or the date that is 180 days after the date that such wireless facility ceases to transmit a signal, unless the wireless services provider gives the town reasonable evidence that it is diligently working to place such wireless facility back in service.

(2) This section applies to rights-of-way controlled by the N.C. Dept. of Transportation and the town.

(3) Any wireless support structure or part of a tower that ceases to be used for communications broadcasting and/or broadcast receiving shall be removed by the tower owner at the tower owner's expense, along with any and all associated structure. The owner of the wireless facility or wireless support structure shall remove the wireless facility within six months of its abandonment. Upon removal, the site shall be revegetated to blend with the existing surrounding vegetation. In the event that a wireless support structure is not removed by its owner in the specified time, the tower and associated structures may be removed by the town and the costs of removal assessed against the tower or property owner. The Town of Wrightsville Beach shall ensure and enforce removal by means of its existing regulatory authority.

(D) Multiple uses on a single parcel or lot telecommunications facilities and support structures may be located on a parcel containing another principal use on the same site.

(E) All work on wireless facilities shall be done in accordance with the current applicable technical, safety and safety-related codes of the town, the state or U.S. government including, but not limited to the most recent edition of the TIA ANSI Code, the recommended practices of the National Assoc. of Tower Erectors and accepted and responsible workmanlike industry practices. In the event of a conflict between any codes or regulations, the most stringent shall apply.

155.7.18.3 Wireless Facility and Substantial Modifications Scope: All wireless facilities NOT meeting the definitions of small wireless facility, micro wireless facility, collocation or stealth are subject to this section.

(A) Special Use Permit. New wireless facilities and substantial modifications up to 50 feet in height shall be permitted in the C-3, CA, and C-5 Commercial Districts and the Public and Semi-Public Zoning District (G-1) after Planning Board review and upon the granting of a special use permit (SUP) from the Board of Aldermen in accordance with the standards set forth in this Ordinance.

(B) Time Limits: Applications may be rejected if they are incomplete 90 days from the date of application. Applications deemed incomplete shall be returned to the applicant with a written explanation of the deficiencies and measures needed to remedy the deficiency. Applications not rejected by the town within 90 days of receipt are deemed to be complete. The Board of Aldermen shall issue a final decision on complete applications in no more than 150 days. If a final decision has not been reached in 150 days from the date of application, the application shall be deemed approved.

(C) All special use permit applications for wireless facilities and wireless support structures and substantial modifications must contain the following:

(1) Special use permit application form signed by applicant (refer to Section 155.4.5).

(2) A copy of lease or letter of authorization from the property owner evidencing applicant's authority to pursue zoning application.

(3) Written description and scaled drawings of the proposed wireless support structure, including structure height, ground and structure design, and proposed materials.

(4) Number and type of proposed antennas and their height above ground level, including the proposed placement of antennas on the support structure.

(5) When locating adjacent to a residential area, a written technical and operational analysis of why a wireless support structure at a height of less than 50 feet cannot be used.

(6) Line-of-sight diagram or photo simulation, showing the proposed wireless support structure set against the skyline and viewed from at least four directions within the surrounding areas.

(7) A statement justifying why collocation, or a stealth communications facility is not feasible. Such statement shall include:

(a) Such technical information and other justification as is necessary to document the reasons why collocation is not a viable option; and

(b) The applicant shall provide a list of all existing structures considered as alternatives to the proposed location. The applicant shall provide a written explanation why the alternatives considered were either unacceptable or infeasible due to technical, physical, or financial reasons. If an existing tower was listed among the alternatives, applicant must specifically address why the modification of such tower is not a viable option.

(c) A statement that the proposed wireless support structure will be made available for collocation to other service providers at commercially reasonable rates.

(8) Special use permit application fee.

(D) General Standards and Design Requirements.

(1) Design.

(a) Wireless support structures shall be subject to the following:

(i) Wireless support structures shall be monopoles designed to accommodate at least two telecommunications providers.

(ii) The compound area surrounding the wireless support structure must be of sufficient size to accommodate accessory equipment for at least two telecommunications providers.

(iii) Unless otherwise required by the Federal Communications Commission, the Federal Aviation Administration, or the Town of Wrightsville Beach, wireless support structures shall be galvanized silver or gray finish.

(iv) Except for omni-directional antennas, all new or replacement antennas shall be flush mounted, or as close to flush mounted on the wireless support structure as is functionally possible unless it can be demonstrated by clear and convincing technical evidence that flush mounting has the effect of prohibiting the provision of service to the intended service area, or unless the applicant proves that flush mounting is technologically impracticable.

(v) If mounted on a building, all antennas shall be flush mounted on the building's fascia and camouflaged so as to match the color and, if possible, the texture of the building, or in a manner to make the antennas as undetectable as is reasonably possible given the facts and circumstances.

(b) Stealth telecommunications facilities shall be designed to accommodate the collocation of other antennas whenever feasible.

(c) Upon request of the applicant, the Board of Aldermen may waive the requirement that new wireless support structures accommodate the collocation of other service providers if it finds that collocation at the site is not essential to the public interest, or that the construction of a shorter wireless support structure with fewer antennas will promote community compatibility.

(2) Setbacks.

(a) Properly lines. Unless otherwise stated herein, wireless support structures shall be setback from all property lines a distance equal to their height measured from the base of the structure to its highest point, excluding antennas.

(b) Residential dwellings. Unless otherwise stated herein, wireless support structures shall be setback from all off-site residential dwellings a distance equal to the height of the structure, excluding antennas. There shall be no setback requirement from dwellings located on the same parcel as the proposed structure. Existing or replacement utility poles shall not be subject to a setback requirement.

(c) Unless otherwise stated herein, all accessory equipment shall be located in the equipment compound. The equipment compound shall be setback from all property lines in accordance with the minimum setback requirements in the underlying zoning district. Accessory equipment associated with an existing or replacement utility pole shall not be subject to a setback requirement.

(d) The Board of Aldermen shall have the authority to reduce or waive any required setback upon the request of the applicant if the wireless facility or wireless support structure will be less visible as a result of the diminished setback. The Board of Aldermen must also find that the reduction or waiver of the setback is consistent with the purposes and intent of this Ordinance. The structure must still meet the underlying setback requirements of the zoning district.

(3) Height. Height shall be measured from the natural undisturbed ground surface below the center of the tower base to the top of the tower, excluding the highest antenna or piece of equipment attached thereto.

(a) In non-residential districts, support structures shall not exceed a height of 50 feet from the base of the structure to the top of the highest point. Any proposed support structure shall be designed to be the minimum height needed to meet the service objectives of the applicant.

(b) Support structures and antennas located on buildings shall not exceed 15 feet in height. Roof-mounted antennas extending over five feet above the principle building shall be located behind a facade that blends with the principal building.

(c) In all districts, the Board of Aldermen shall have the authority to reduce or waive the height restrictions listed in this section upon a satisfactory showing of the need for a greater height. With its request the applicant shall submit such technical information or other justification as are necessary to document the need for the additional height to the satisfaction of the Board of Aldermen.

(4) Aesthetics.

(a) Lighting and marking. Wireless facilities or wireless support structures shall not be lighted or marked unless required by the Federal Communications Commission or the Federal Aviation Administration (FAA). Any additional lighting beyond minimum FAA requirements must be approved by the Board of Aldermen. If approved, the lighting shall be shielded and oriented so as not to project directly onto adjacent property, and so as to minimize glare onto adjacent property and streets.

(b) Signage. Signs on any portion of a tower and/or related accessory building, fence, or wall shall be prohibited with the following exceptions:

(i) A two square foot sign located at the telecommunications facility shall be limited to ownership and contact information, FCC antenna registration number (if required) and any other information as required by government regulation. Commercial advertising is strictly prohibited.

(ii) Warning signs may be placed on the premises. Equipment information signs may be placed at appropriate locations as determined by the Town Manager or his/her designee.

(iii) A freestanding sign may be permitted only if the lot also contains the main business office of the telecommunications server.

(iv) A sign permit is required whenever a sign is allowed.

(5) Landscaping. In all districts, the Board of Aldermen shall have the authority to impose reasonable landscaping requirements surrounding the equipment compound or accessory equipment. Required landscaping shall be consistent with surrounding vegetation and shall be maintained by the facility owner. The Board of Aldermen may choose to not require landscaping for sites that are not visible from the public rights-of-way or adjacent property or in instances where in the judgment of the Board of Aldermen, landscaping is not appropriate or necessary.

(6) Equipment compounds and/or accessory equipment, including any buildings, cabinets or shelters, shall be used only to house equipment and other supplies in support of the operation of the wireless facility or wireless support structure. Any equipment not used in direct support of such operation shall not be stored on the site. Ground mounted accessory equipment, wireless facilities and wireless support structures shall be secured and enclosed with fence not less than six feet in height as deemed appropriate by the Board of Aldermen and must comply with the UDO. Barbed wire, razor ribbon, concertina wire and other similar security measures shall be prohibited. The Board of Aldermen may waive the fencing requirement if it is deemed that a fence is not appropriate or needed at the proposed location.

(a) An equipment building, shelter or cabinet must not exceed 560 square feet and 12 feet in height, including the support structure for the equipment.

(b) Equipment buildings must comply with local, state and federal flood zone restrictions.

(c) Exception to height restriction. Upon the applicant's request, the Board of Aldermen may waive the height restriction to allow for the stacking of equipment on top of each other. The Board of Aldermen must find that there is a practical necessity for the stacking of the equipment and that any resulting impact on adjoining properties is minimal or may be minimized by requiring appropriate screening. The Board of Aldermen may also waive the height restriction where a higher support structure is needed to raise the equipment above a slope or floodplain.

(d) If the equipment compound and/or accessory equipment is adjacent to or visible from a residential zone, the Board of Aldermen may require that the building or shelter be faced with brick or other suitable material on all sides and that the compound area is surrounded by landscaping providing a screen of at least three feet in height at installation. The equipment compound and/or accessory equipment must conform to the setback standards of the applicable zone. In the situation of stacked equipment buildings, additional screening/landscaping measures may be required by the Board of Aldermen.

155.7.18.4 Small Wireless Facility.

(A) Approval Criteria. Applications for certificates of zoning compliance for small wireless facilities may be approved under this subsection only if the application meets the following requirements:

(1) The small/micro wireless facility meets the definitions Appendix A, § 3, Definitions; and

(2) The proposed facility meets the height requirement of Table 1.

Table 1: Small Wireless Facility Height Requirements
In PROW?	Zoning District Permitted	New, Modified or Replacement Utility Pole Town Utility Pole (Height in Feet)	Height of Small Wireless Facility Above Utility Pole, Wireless Support Structure or Town Utility Pole	Total Height (in feet)
YES	R1, R2, C1, C2, C3, C4, C5, G1, PC, P1	50 above ground level	10 feet	60
NO	C1, C2, C3, C4, C5, G1, PC, P1	50 above ground level	10 feet	60
Yes, and utilities located underground	R1, R2	40 above ground level	10 feet	50

(3) The proposed facility is located in NC DOT or town-owned rights-of-way or outside of the PROW on property that is not zoned R-1, R-2, or in any historic district.

(4) Unless otherwise required by the FCC, the Federal Aviation Administration (FAA), or the town, wireless support structures shall be galvanized silver or gray finish.

(5) Unless proven unfeasible by clear and convincing evidence, in lieu of installing new poles, any wireless installation in the PROW shall replace a pre-existing distribution pole, secondary pole or streetlight.

(6) Wireless installations shall be on poles that meet or exceed current NESC standards and wind and ice loading requirements of ANSI 222 Version G for essential services.

(7) Any new poles installed shall be environmentally "green" and not leach any volatile organic compounds or toxic materials into the ground.

(8) To avoid unsightly rust and corrosion, any new or replacement pole installed shall not be metal or reinforced concrete.

(9) All antennas shall be undiscernible by an average person from 250 feet away.

(10) Wireless installations shall utilize a "concealed" design, including all cabling being inside the support structure.

(11) All radios, network equipment and batteries will be enclosed in a pedestal cabinet near the pole, or in a pole-mounted cabinet or under a pole-mounted shroud.

(12) All small wireless facilities shall be designed to accommodate the collocation of other antennas whenever feasible.

(a) Upon request of the applicant, the Town Manager or designee may waive the requirement that new small wireless facility accommodate the collocation of other service providers if it finds that collocation at the site is not essential to the public interest, or that the construction of a shorter wireless support structure with fewer antennas will promote community compatibility, or that collocation of other service providers is technically unfeasible.

(13) Signage. Signs on any portion of a small wireless facility shall be prohibited with the following exceptions:

(a) A two square foot sign located at the telecommunications facility shall be limited to ownership and contact information, FCC antenna registration number (if required), warning information and any other information as required by government regulation. Commercial advertising is strictly prohibited.

(b) A sign permit is required whenever a sign is allowed.

(14) Landscaping. Outside of the PROW in all districts, the Town Manager or designee shall have the authority to impose reasonable landscaping requirements surrounding the equipment compound or accessory equipment. Required landscaping shall be consistent with surrounding vegetation and shall be maintained by the facility owner. The Town Manager or designee may choose to not require landscaping for sites that are not visible from the public rights-of-way or adjacent property or in instances where landscaping is not appropriate or necessary.

(15) Equipment compounds are not permitted in the PROW.

(16) Equipment compounds and/or accessory equipment, including any buildings, cabinets or shelters, shall be used only to house equipment and other supplies in support of the operation of the small wireless facility. Any equipment not used in direct support of such operation shall not be stored on the site. Ground mounted accessory equipment and small wireless facilities may be secured and enclosed with fence not less than six feet in height and must comply with the UDO. Barbed wire, razor ribbon, concertina wire and other similar security measures shall be prohibited. The Town Manager or designee may waive the fencing requirement if it is deemed that a fence is not appropriate or needed at the proposed location.

(a) An equipment building, shelter or cabinet must not exceed 560 square feet and 12 feet in height, including the support structure for the equipment.

(b) Equipment buildings must comply with local, state and federal flood zone restrictions.

(c) Exception to height restriction. Upon the applicant's request, the Town Manager or designee may waive the height restriction to allow for the stacking of equipment on top of each other. The Town Manager or designee must find that there is a practical necessity for the stacking of the equipment and that any resulting impact on adjoining properties is minimal or may be minimized by requiring appropriate screening. The Town Manager or designee may waive the height restriction where a higher support structure is needed to raise the equipment above a slope or floodplain.

(d) If the equipment compound is adjacent to or visible from a residential zone, the building or shelter shall be faced with brick or other suitable material on all sides and that the compound area is surrounded by landscaping providing a screen of at least three feet in height at installation. The equipment must conform to the setback standards of the applicable zone. In the situation of stacked equipment buildings, additional screening/landscaping measures may be required by the Town Manager or designee.

(B) Approval Process. Applications for certificates of zoning compliance to collocate small wireless facilities in the public rights-of-way (PROW) or on new, existing or replacement wireless support structures, or in the non-residential zoning districts are subject to the approval process required by N.C.G.S. Ch. 160D, Art. 9, Part 3. Wireless Telecommunications Facilities.

(1) Time of review of applications for certificate of zoning compliance. Review and processing shall be completed within 45 days of the town's receipt of a completed application. The town shall provide written notice that an application is incomplete within 30 days of the receipt of the application.

(2) Standard of review. Applications for certificates of zoning compliance for small wireless facilities shall be reviewed for conformance with this UDO, including the applicable site plan and state building code requirements.

(3) Reasons for denial of application for certificate of zoning compliance. The town may deny an application for a small wireless facility only on the basis that it does not meet any of the following:

(a) The town's applicable codes;

(b) Town code provisions or regulations that concern public safety, objective design standards for decorative utility poles, town utility poles, or reasonable and nondiscriminatory stealth and concealment requirements, including screening or landscaping for ground-mounted equipment;

(c) Public safety and reasonable spacing requirements concerning the location of ground-mounted equipment in a right-of-way; or

(d) The requirements of any historic district.

(4) Contents of application for certificate of zoning compliance. In addition to the requirements of subsection 155.1.12.4, the application for a small wireless facility must include a sworn, notarized attestation that the small wireless facilities shall be:

(a) Activated for use by a wireless services provider to provide service no later than one year from the permit issuance date;

(b) Collocation shall commence within six months of the permit issuance date; and

(5) Applicants option to file a "consolidated application". Applicants for certificates of zoning compliance for small wireless facilities may file a consolidated application for no more than 25 separate facilities and receive a permit for the collocation of all the small wireless facilities meeting the requirements of this Ordinance. Town may remove small wireless facility collocations from a consolidated application and treat separately small wireless facility collocations:

(a) For which incomplete information has been provided; or

(b) That are denied.

The town may issue a separate permit for each collocation that is approved.

(6) Applications for small wireless facilities to be located in town rights-of-way shall meet the requirements of Chapter IX, Streets and Sidewalks.

155.7.18.5 Collocation and Stealth Communications Facility.

(A) Scope. Applications for certificates of zoning compliance for collocated antenna and stealth telecommunications facilities ("stealth facility") are permitted by the Town Manager or designee if the conditions of this section are met. This section applies to stealth facilities and to collocations that meet the definitions of small or micro wireless facilities. This section does not apply to substantial modifications. (Collocated antennas and stealth facilities are sometimes referred to together in this subsection as "the facility".)

(B) Additional Approval Criteria for Certificates of Zoning Compliance. Collocations may only be approved if all the following criteria are met:

(1) The additional antenna(s) does not exceed the number of wireless facilities previously approved for the wireless support structure on which the collocation is proposed and meet all the other requirements of the original approval; or

(2) The application meets all the following requirements:

(a) The collocation does not exceed a height of ten feet above the utility pole and the width of the tower or wireless support structure to which the wireless facilities are to be attached;

(b) The collocation does not increase the ground space area approved in the site plan for equipment enclosures and ancillary facilities;

(c) The wireless telecommunications facilities in the proposed collocation comply with applicable regulations, restrictions, or conditions, if any, applied to the initial wireless facilities placed on the tower or other wireless support structure;

(d) The additional wireless facilities comply with all federal, state and local safety requirements; and

(e) The collocation does not exceed the applicable weight limits for the wireless support structure; or

(f) The collocation is not a substantial modification.

(3) The collocation and/or stealth facility meets the definitions Appendix A, § 3, Definitions.

(4) The proposed facility meets the height requirement of 40 feet or less.

(5) Unless otherwise required by the FCC, the Federal Aviation Administration (FAA), or the town, the facilities shall not be lighted.

(6) All stealth facilities shall be designed to accommodate the collocation of other antennas whenever feasible. Upon request of the applicant, the Town Manager or designee may waive the requirement that new stealth facilities accommodate the collocation of other service providers if it finds that collocation at the site is not essential to the public interest, or that the construction of a shorter wireless support structure with fewer antennas will promote community compatibility, or that collocation of other service providers is technically unfeasible.

(7) Signage. Signs on any portion of the facility shall be prohibited with the following exceptions:

(b) A sign permit is required whenever a sign is allowed.

(8) Landscaping. The Town Manager or designee shall have the authority to impose reasonable landscaping requirements surrounding the equipment compound or accessory equipment. Required landscaping shall be consistent with surrounding vegetation and shall be maintained by the facility owner. The Town Manager or designee may choose to not require landscaping for sites that are not visible from the public rights-of-way or adjacent property or in instances where landscaping is not appropriate or necessary.

(9) Equipment compounds and/or accessory equipment, including any buildings, cabinets or shelters, shall be used only to house equipment and other supplies in support of the operation of the small wireless facility. Any equipment not used in direct support of such operation shall not be stored on the site. Ground mounted accessory equipment and small wireless facilities may be secured and enclosed with fence not less than six feet in height and must comply with the UDO. Barbed wire, razor ribbon, concertina wire and other similar security measures shall be prohibited. The Town Manager or designee may waive the fencing requirement if it is deemed that a fence is not appropriate or needed at the proposed location.

(a) An equipment building, shelter or cabinet must not exceed 560 square feet and 12 feet in height, including the support structure for the equipment.

(b) Equipment buildings must comply with local, state and federal flood zone restrictions.

(10) Setbacks.

(a) Property lines. Unless otherwise stated herein, the facility shall be setback from all property lines the distance required for the existing wireless support structure or the use the stealth facility is mimicking.

(b) Unless otherwise stated herein, all accessory equipment shall be located in an equipment compound. The equipment compound shall be setback from all property lines in accordance with the minimum setback requirements in the underlying zoning district. Accessory equipment associated with an existing or replacement utility pole shall not be subject to a setback requirement.

(c) The Town Manager or designee shall have the authority to reduce or waive any required setback upon the request of the applicant if the facility will be less visible as a result of the diminished setback. A stealth facility must also meet the underlying setback requirements of the zoning district.

(C) Approval Process for Certificates of Zoning Compliance. Applications for the facilities are subject to the approval process required by the FCC regulations and N.C.G.S. Ch. 160D, Art. 9, Part 3, Wireless Telecommunications Facilities.

(D) Time of Review of Certificates of Zoning Compliance for Collocations. Staff review and processing shall be completed within 45 days of the town's receipt of a completed application. The town shall provide written notice that an application is incomplete within 45 days of the receipt of the application. Applications for certificates of zoning compliance for stealth applications shall be reviewed by the Technical Review Committee and approved within 90 days of the town's receipt of a completed application.

(E) Standard of Review. Applications for certificates of zoning compliance for stealth facilities or collocations shall be reviewed for conformance with this UDO, including the applicable site plan and state building code requirements.

(F) Contents of Application for Certificate of Zoning Compliance. In addition to the requirements of subsections 155.1.12.4 and 155.7.18.2, an application for a facility must include a sworn, notarized attestation that the wireless facilities shall be:

(1) Activated for use by a wireless services provider to provide service no later than one year from the permit issuance date;

(2) Collocation (or construction of a stealth facility) shall commence within six months of the permit issuance date; and

(3) If not, the permit may be revoked.

155.7.18.6 Telecommunications Facilities and Support Structures in Existence on the Date of Adoption of this Ordinance.

(A) Wireless facilities and wireless support structures that were legally permitted on or before the date this Ordinance was enacted shall be considered a permitted nonconforming use.

(B) Non-conforming wireless facility, including wireless support structures.

(1) Non-conforming wireless facilities including accessory equipment: ordinary maintenance may be performed on non-conforming wireless facilities and accessory equipment.

(2) Minor modifications to non-conforming wireless facilities may be permitted upon the granting of approval by the Town Manager or designees (including the Public Works Director).

(3) Substantial modifications to non-conforming wireless facilities may be permitted only upon the granting of special use permit approval by the Board of Aldermen.

(Ord. 1796, passed 7-9-20; Am. Ord. 1838, passed 3-10-22)

Section 155.7.19 Temporary Storage Containers.

(A) Temporary storage containers are defined as:

(1) Containers no larger in dimension than 8ft x 8ft 6in x 16ft and transported to a designated location for temporary storage purposes, including moving (typically known as PODS).

(2) Containers designed or used on property zoned or used for residential property for the collection and hauling of waste or debris, including but not limited to roll-off containers or boxes and bin containers (construction dumpsters).

(3) Non self-propelled, fully enclosed trailers that are designed or used to transport goods, materials and equipment and are placed on property zoned or used for residential purposes (semi-trailers).

(B) Temporary storage containers may be allowed pursuant to the uses tables contained in Section 155.6.4, upon compliance with all of the following:

(1) No more than two temporary storage containers shall be located on a single lot or parcel of land.

(2) No other type of container or shipping container is located on the same lot or parcel of land.

(3) Temporary storage containers shall not be used to store or transport nonresidential materials and substances, including but not limited to the following: solid waste, hazardous materials, explosives and unlawful substances and materials.

(4) Permits issued for temporary storage containers will be issued incident to an active building permit. Subsequent to issuance of a certificate of occupancy all temporary storage containers must be removed within 30 days. The owner of a lot or parcel on which a dumpster will be placed shall be jointly responsible for providing notice to the UDO Administrator within 24 hours of the placement.

The placement of the storage container will require the issuance of a permit through the Town of Wrightsville Beach Planning Department. The UDO Administrator may approve an extension by issuing a permit up to 90 days, upon determining all of the following:

(a) That a principal residential structure is damaged or dilapidated.

(b) That the residential structure will undergo renovation, repair or reconstruction during the extension.

(c) That a building permit has been issued for the renovation, repair or reconstruction, if required, and remains valid during the extension.

(d) That the temporary storage container will not be used to store nonresidential materials and equipment such as contractor's materials and equipment during the extension. Temporary storage containers shall comply with the following setbacks:

- If a temporary storage container is placed in the required front yard, then the temporary storage container shall be located only in the area primarily used for vehicular ingress and egress and must have five feet setback from the edge of the paved right-of-way, unless otherwise approved by the UDO Administrator.

- If a temporary storage container is placed in the required rear or side yard, no setback shall be required except that no temporary storage container shall encroach upon adjacent property.

(5) Temporary storage containers (PODS) for the purposes of moving may be at a location for no more than 30 days in any six month period.

(6) Temporary storage containers shall be constructed of noncombustible materials.

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

Section 155.7.20 Coffee Shops, No Food Prepared On Site.

Coffee shops with no food prepared on site shall be permitted in accordance with the use tables in Section 155.6.4 provided that no outdoor seating of any kind shall be allowed.

(Ord. 1695, passed 11-8-12; Am. Ord. 1749, passed 9-10-15; Am. Ord. 1838, passed 3-10-22)

Section 155.7.21 Private Access Easement.

Private access easements shall only be permitted subject to the following conditions:

(A) Private access easements shall only be permitted in order to create access to a maximum of four landlocked lots. For purposes of this Ordinance, landlocked lots shall mean those lots not abutting a public street, a private street or a common area as described in Section 155.2.3.

(B) A private access easement shall be a minimum of ten feet in width and shall not exceed 125 feet in length.

(C) Private access easements shall only be permitted if all the owners of lots served by such private access easement execute and record a maintenance agreement for maintenance of the private access easement in a form acceptable to the town.

(D) Private access easements shall only be used as means of access for lots located in the R-1 or R-2 Zoning Districts.

(E) All private access easements shall be surfaced with either asphalt, concrete, pervious concrete, gravel, or some other pervious surface approved by the town.

(F) Setbacks for construction on lots crossed by a private access easement shall be determined from the property line of the affected lot. Areas within the private access easement shall be counted in determining the permitted floor area ratio of the lot in question.

(G) No obstructions or encroachments of any kind whatsoever shall be permitted on the surface of or in the air space above a private access easement.

(H) A private access easement shall only be used by the landlocked lots served by such easement and by non-landlocked lots which are immediately adjacent to and adjoin such private access easement.

(I) No private access easement shall be permitted as a means of access to a lot unless a plat is recorded in the New Hanover County Register of Deeds depicting such easement and including the written approval of the Planning Director of the town.

(Ord. 1728, passed 5-13-14; Am. Ord. 1838, passed 3-10-22; Am. Ord. 1854, passed 1-11-24)

Section 155.7.22 Boat Rental Facilities.

Boat rental facilities renting no more than four boats are permitted as a permitted use in accordance with the Table of Permitted/Special uses as set forth in Section 155.6.4 subject to the following conditions. Boat rental facilities renting more than four boats are permitted as a special use in accordance with the Table of Permitted/Special uses as set forth in Section 155.6.4 subject to the following conditions:

(A) No motor boats or trailers of any kind may be stored on the lot where the boat rental facility office is located.

(B) Boat rental facilities may not offer for rent or use or rent of permit the use of jet skis or personal watercraft as defined in N.C.G.S. § 75A-13.1

(Ord. 1758, passed 4-14-16; Am. Ord. 1838, passed 3-10-22)

Section 155.7.23 Massage and Bodywork Therapy.

Massage and bodywork therapy is allowed as a permitted use in accordance with the Table of Permitted/Special uses set forth in Section 155.6.4 subject to the following conditions:

(A) No person shall engage in the practice of massage and bodywork therapy as those terms are defined in N.C.G.S. Ch. 90, Article 36, as amended, without holding a license issued to such person by the North Carolina Board of Massage and Bodywork Therapy in accordance with the provisions of N.C.G.S. Ch. 90, Article 36.

(B) Any person desiring to engage in the activities described herein shall provide proof of a current license under the provisions of N.C.G.S. Ch. 90, Article 36 at the time application for a zoning compliance permit is made.

(Ord. 1767, passed 6-8-17; Am. Ord. 1838, passed 3-10-22)

Section 155.7.24 ABC Package and Retail.

ABC package and retail stores are allowed as a special use with supplemental regulations in the C-5 Commercial District V in accordance with the Table of Permitted/Special uses set forth in Section 155.6.4 subject to the following conditions:

(A) ABC package and retail stores shall be subject to all requirements for uses in the C-5 Commercial District V except as amended herein.

(B) The front yard minimum setback shall be 15 feet which shall be landscaped using shrubs, grass, ground cover and trees.

(D) A maximum of two driveways may be permitted and a permitted driveway may encroach into the side yard minimum setback.

(E) Required off-street parking shall be one space for each 250 square feet of gross floor area.

(F) Compact car parking spaces shall not exceed 50% of the required parking spaces.

(G) The Board of Aldermen may grant an exception to the requirements set forth in Part IV Landscape, Buffering and Screening of Article 155 if the Board finds that the requested exception is in the best interest of the public and consistent with the intent and spirit of Part IV Landscape, Buffering and Screening.

(Ord. 1777, passed 6-12-18; Am. Ord. 1838, passed 3-10-22)

Section 155.7.25 Group Housing Developments.

Section 155.7.25.1 Commonly Owned Areas.

(A) All group housing developments shall contain commonly owned land equal in area to 20% of the entire development, exclusive of streets and parking areas.

(B) The area of the proposed group housing development must be one acre or more.

(C) Common areas shall be owned and controlled by a non-profit corporate homeowners' association or similar organization or by the developer in a renter occupied development. In consideration of the purpose served by a group housing development, the title to the common areas or property shall be preserved for the perpetual benefit of the private properties in the development and shall be restricted against private ownership for any other purpose. The developer shall submit and, after approval by the town, record a declaration of the covenants and restrictions that will govern the ownership, management, and maintenance of common areas.

Section 155.7.25.2 Zoning, Density and Exemptions from Requirements.

(A) Group housing developments shall only be allowed in the C-2 Commercial District II zoning district and the overall density of a group housing development shall not exceed 22 units per acre. All remaining land not shown as lots, streets, or parking area shall be designated as common areas.

(B) Group housing developments shall be exempt from the following sections in Chapters 155 and 152:

(1) Section 155.2.4 One Principal Building or Use.

(2) The requirements for frame structures as set forth in subsection 155.6.5.4. Provided that this exception shall not apply to any commercial uses that comprise part of the group housing development.

(3) The subdivision requirements as set forth in Article 155.12 of Chapter 155.

(4) The landscape, buffering and screening requirements of Part IV of Article 155.9 of Chapter 155.

(5) The requirements of subsection (C) of Section 155.2.11 Fire Districts. Provided that this exception shall not apply to any commercial uses that comprise part of the group housing development.

(6) The requirements of Part I. Off-Street Parking and Off-Street Loading Requirements of Article 155.9 for any commercial use within a group housing development. Provided that notwithstanding this exemption, a Group Housing Development shall provide a minimum of two off-street parking spaces for each permitted commercial use.

(7) The requirements of subsection 155.9.18.8(a) and (b).

(8) The requirements of § 152.007 shall apply with the following exceptions : (i) a zero setback from the 1939 property line shall be permitted as set forth in subsection 155.7.25.3(C) below; and (ii) side yard setbacks of 7.5 feet shall be permitted on the condition that the walls of all structures immediately adjacent to the side yard setback are two-hour fire rated walls, that all roof overhangs immediately adjacent to the side yard setbacks are constructed as two-hour fire rated walls, and that all roofs of all structures immediately adjacent to the side yard setback are metal roofs.

Section 155.7.25.3 Permitted Uses and Applicable Setbacks.

(A) Only single family and duplex residences and commercial uses as described hereinafter shall be allowed in a group housing development.

(B) Commercial uses permitted in the C-2 Commercial District II shall be permitted in a group housing development in the same manner that such commercial uses are permitted in the C-2 Commercial District II provided that the total enclosed floor area of such permitted commercial uses plus the area of any outside decks or porches used in conjunction with such commercial uses shall not exceed 10% of the area of the tract of land on which the group housing development is located.

(C) Applicable setbacks in the C-2 Commercial District II zoning district shall apply to all structures in the group housing development except that zero setback from the 1939 property line shall be permitted and ten-foot minimum separation between structures shall be permitted on the condition that the walls of all structures facing another structure within the group housing development are two-hour fire rated walls, that all roof overhangs facing another structure within the group housing development are constructed as two-hour fire rated walls, and that all roofs are metal roofs.

Section 155.7.25.4 Unit Ownership and Condominiums. Before a declaration establishing a group housing development may be recorded, the declaration plan and restrictions shall be approved by the UDO Administrator.

Section 155.7.25.5 Site Plans. Group housing developments shall comply with the site plan development review process set forth in Article 155.5 of Chapter 155.

Section 155.7.25.6 Public Access, Easements, and Private Party Walls.

(A) Building lots may abut or be provided with frontage on common areas, properly restricted through a homeowners' association to assure adequate access, if in the opinion of the Board of Aldermen, a public street is within an acceptable distance and would allow adequate community services.

(B) Easements over the common area for access, ingress, and egress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site.

(C) All common walls between individual residences shall be party walls and provisions for the maintenance thereof and restoration in the event of destruction or damage shall be established and such walls shall be constructed and maintained in accordance with applicable provisions of the N.C. State Building Code.

Section 155.7.25.7 Utilities and Improvements Required.

(A) All group housing developments shall include town water and sewer. All streets and parking constructed within the group housing development shall be paved or otherwise surfaced in a manner that complies with applicable town ordinances and shall have storm drainage. Group housing developments shall comply with all stormwater regulations set forth in the Town Code or other applicable county or state regulations.

(B) If any part of the group housing development includes a permitted encroachment into a town right-of-way, a signed and recorded encroachment agreement from the developer shall be required.

(C) Group housing developments shall comply with the principal building height for structures in the C-2 Commercial District as set forth in subsection 155.6.5.4.

(Ord. 1771, passed 11-9-17; Am. Ord. 1838, passed 3-10-22)

Section 155.7.26 Marina Residential.

Marina residential is allowed as a special use with supplemental regulations in the C-3 Commercial District III in accordance with the Table of Permitted/Special uses set forth in Section 155.6.4 subject to the following conditions:

(A) The C-3 zoned property and associated riparian area must include a marina containing at least 15 wet boat slips in existence as of the date of adoption of this section.

(B) No more than four multi-family residential units shall be allowed in the entire marina residential project.

(D) The minimum lot area shall be 9,500 square feet.

(E) The front yard minimum setback shall be 15 feet.

(F) The side and rear yard minimum setbacks shall be 7.5 feet.

(G) Off-street parking required for the marina shall be one parking space for every two boat slips.

(H) The project must otherwise meet all required parking standards unless such standards are reduced or an exception is granted to such standards in accordance with Article 155.9, Part I; however, in granting an exception, it shall not be necessary for the Board of Aldermen to find that the proposed use is directed primarily toward pedestrian trade existing in the area as set forth in subsection 155.9.1.6(C)(1).

(I) The Board of Aldermen may grant an exception to the requirements set forth in Part II, Driveway Construction of Article 155.9 and allow a marina residential project to utilize the dimensions and location of any driveway(s) existing on the site at the time of the adoption of this section upon finding that that use of such driveway configuration or a portion thereof is necessary for adequate vehicular ingress and egress to and from the project and does not endanger the public health, safety or welfare.

(J) The Board of Aldermen may grant an exception to the requirements set forth in Part IV, Landscape, Buffering and Screening of Article 155.9 if the Board finds that the requested exception is necessary given the site limitations and the overall design of the marina residential project and that the landscaping, buffering and screening provided are otherwise consistent with the intent and spirit of Part IV of Article 155.9.

(Ord. 1792, passed 1-15-20; Am. Ord. 1838, passed 3-10-22)

Section 155.7.28 Marina Restaurant.

Marina restaurant is allowed as a special use with supplemental regulations in the C-3 Commercial District III in accordance with the Table of Permitted/Special uses set forth in Section 155.6.4 subject to the following conditions:

(A) Marina restaurants shall be permitted only by special use permit in C-3 zoned property and riparian area. Marina restaurants are allowed only in conjunction with the operation of a yacht club and related marina meeting all of the requirements set forth in this section.

(B) Marina restaurants shall be located and permanently moored only within a marina adjacent to the Atlantic Intracoastal Waterway and containing at least 75 wet boat slips in existence as of the date of adoption of this Ordinance.

(D) No marina restaurant shall extend beyond the town's pierhead line.

(E) The height of a marina restaurant shall not exceed 28 feet above the top of the bulkhead; provided that antennas, removable canopies, masts, and electronic and navigational equipment shall not be included in making this height determination.

(F) All walkways or gangways providing access to any marina restaurant shall comply with the following requirements:

(1) Be constructed in accordance with the pier and dock ordinance of the town.

(2) Be lighted to provide illumination of 0.1 foot-candles at the deck level, but in no case less than 0.05 foot-candles.

(G) The off-street parking requirements for a marina restaurant shall be as follows: One parking space for each six seats in the marina restaurant.

(H) Each marina restaurant shall provide permanent water and sewer systems approved by the Public Works Department of the town. Each marina restaurant shall be connected to such water and sewer system. All wastewater piping from the marina restaurant shall be constructed in accordance with the North Carolina State Plumbing Code and all water and sewer connections to the public utility system shall be as prescribed under Federal and State Safe Drinking Water Acts. No overboard discharge openings through the hull shall be permitted except for one dewatering pipe, which may not be connected to wastewater piping or to any bilge or sump into which wastewater drains. For purposes of this section, wastewater shall include bathwater, dishwater, and other greywater as well as sewage.

(I) All electrical wiring running on docks and/or shore from the distribution center to the point of supply on the marina restaurant shall conform to the National Electrical Code.

(J) A system for the collection and removal of solid wastes approved by the Public Works Department of the town shall be provided by each marina restaurant.

(K) Each marina restaurant shall provide a dry pipe firefighting system approved by the Fire Chief of the Fire Department and constructed in accordance with the provisions of the pier and dock ordinance of the town.

(L) A site plan shall be submitted for approval in connection with the application for a special use permit, such plan to include all improvements as required by this section.

(M) No more than one marina restaurant shall be permitted for any marina meeting all requirements of this section.

(Ord. 1798, passed 7-9-20; Am. Ord. 1838, passed 3-10-22)

Section 155.7.30 Sidewalk Café.

(A) For all buildings immediately adjacent to an encroachment a clear path of travel must be maintained from any building exit equal in width to the exit door. This path of travel must be free of obstructions for the entire length of the encroachment.

(B) Encroachments shall not involve permanent alterations to public space. Any tables, chairs, barricades, stanchions, platforms, or other obstructions used in the encroachment area shall be of a type that is easily removed from the public right-of-way. Encroachments shall be removed within 24 hours of notice from the town. If such items are not removed upon 24-hours' notice, the town shall have the right to remove and dispose of these items and may assess the property owner for the cost of such removal and disposal. The town shall also have the right to remove such items immediately in emergency situations. The town shall not be responsible for damage to removed encroachments under any circumstances.

(C) At 10:00 p.m. all tables, chairs, barricades, stanchions, and platforms used in the operation of the sidewalk café shall be removed. The area of the sidewalk café shall be reopened to the public and shall not be considered part of the premises of the eating and/or drinking establishment. A sidewalk café may open at 7:00 a.m. each morning.

(D) Sidewalk Encroachments. For standard restaurants located adjacent to public sidewalks.

(1) Five feet of unobstructed area shall remain on all sidewalks adjacent to approved encroachments.

(2) Alcoholic beverages in approved encroachment areas. It shall be the responsibility of the operator of the establishment to ensure that patrons comply with these provisions or else be subject to civil penalties. Alcoholic beverages may be served in encroachment areas provided the following requirements are met:

(a) The adjacent standard restaurant shall otherwise be authorized, permitted, or licensed under the state law and this Code to serve and sell alcoholic beverages for on premises consumption.

(b) The encroachment area must be included as part of the premises for which an ABC permit is issued pursuant to N.C.G.S. § 18B-1001 for the purpose of applying and enforcing state laws regarding the sale or consumption of alcoholic beverages.

(c) The premises of the encroachment shall be clearly delineated with stanchions indicating the boundaries where patrons must stay within while in possession of alcoholic beverages in open or unsealed containers. The consumption of alcoholic beverages shall only occur while patrons are seated at tables.

(d) Signs shall be posted, visible at all exit points from the encroachment area, that it is unlawful to remove alcoholic beverages in open or unsealed containers from the premises. Further, consumption of alcoholic beverages shall only be allowed while seated.

(e) The eating establishment operator shall not have violated any law, regulation, or ordinance relating to the possession, sale, transportation or consumption of intoxicating beverages or controlled substances for the three years preceding the commencement of the sale of alcoholic beverages at the sidewalk café.

(f) Congregating of patrons in or around encroachment areas shall be prohibited.

(Ord. 1802, passed 7-9-20; Am. Ord. 1838, passed 3-10-22)