TABLE OF CONTENTS ARTICLE PURPOSE AND APPLICABILITY

Transcription

1 TOWN OF WRIGHTSVILLE BEACH UNIFIED DEVELOPMENT ORDINANCE Adopted by the Town of Wrightsville Beach Board of Aldermen on November 8, 2012 Prepared By: Wilmington, North Carolina

2 TABLE OF CONTENTS ARTICLE PURPOSE AND APPLICABILITY Section Title Section Authority Section Purpose Section Applicability Jurisdiction Exemptions Section Conflicts with Other Regulations Section Deed Restrictions Section Severability Section Interpretation and Administration Generally Responsibility Delegation of Authority Computation of Time Section Identification of Official Zoning Map Section Zoning Map Interpretation Section Interpreting Permitting Uses Section Enforcement Building Permit Required Application for Building Permit Certificate of Zoning Compliance Application for Certificate of Zoning Compliance Certificate of Occupancy Required Complaints Regarding Violations Persons Liable Procedures Upon Discovery of Violations Penalties and Remedies for Violations Permit Revocation Judicial Review Section Effective Date Adopted November 8, 2012 Page 1 Contents

3 TABLE OF CONTENTS ARTICLE GENERAL REGULATIONS Section Applicability of General Regulations Section Reduction of Lot and Yard Areas Prohibited Section Public Access to Property Section One Principal Building or Use Section Projections into Public Streets and Street Right-of-Way Section Site Visibility Triangle Section No Use or Sale of Land or Buildings Except in Conformity with Ordinance Provisions Section Height Limitation Exceptions Section Fees Section Open Space Requirements Section Fire Districts Section Property Owners' Association Section Temporary Buildings Section Permit to Construct Driveway Required Section Building Design ARTICLE ADMINISTRATIVE/LEGISLATIVE AUTHORITY PART I. UDO ADMINISTRATOR Section Powers and Duties PART II. TECHNICAL REVIEW PROCEDURE Section Purpose Section Procedures, Completion PART III. CONFLICTS OF INTEREST Section Conflicts of Interest PART IV. BOARD OF ALDERMEN Section Powers and Duties PART V. PLANNING BOARD Section Creation Section Composition; Filling Vacancies Section Organization, Meetings, Records Section Powers and Duties Adopted November 8, 2012 Page 2 Contents

4 TABLE OF CONTENTS PART VI. BOARD OF ADJUSTMENT Section Establishment of Board of Adjustment Section Powers of the Board of Adjustment Section Organization; Meetings Section Quorum and Voting ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES Section Amendment/Rezoning Procedures Procedure Action by Applicant Action by the Planning Board Action by the Board of Aldermen Withdrawal of Application Section Establishment of Vested Rights Purpose Establishment of a Vested Right Approval Procedures Duration Termination Voluntary Annexation Limitations Section Moratorium Temporary Moratorium Ordinance Establishing a Development Moratorium Renewal or Extension of Moratorium Persons Aggrieved by Imposition of Moratorium 4-13 Section Appeals, Variances, and Interpretations Appeals Variances Interpretations Requests to Be Heard Expeditiously Hearing Required on Appeals, Variances, and Interpretations Adopted November 8, 2012 Page 3 Contents

5 TABLE OF CONTENTS Notice of Hearing Burden of Proof in Appeals and Variances Board of Adjustment Action of Appeals and Variances Evidence/Presentation of Evidence Modification of Application at Hearing Record Written Decision Section Conditional Use Permits Purpose and Applicability Application Process/Completeness Technical Review Procedure/Planning Board Review & Comment Board of Aldermen Action Effect of Approval Binding Effect Certificate of Occupancy Change in Conditional Use Permit Implementation of Conditional Use Permit Section Rehearings Section Appeals of Quasi-Judicial Decisions ARTICLE DEVELOPMENT REVIEW PROCESS Section Purpose and Applicability Section Site Plan Procedures Engineering Drawing Review and Approval Procedures Minor Site Plans Major Site Plans Section Site Plan Requirements Information to be Shown on Site Plan Performance Standards Section Administrative Approval Administrative Approval Flowchart Adopted November 8, 2012 Page 4 Contents

6 TABLE OF CONTENTS Application for Review Planning Staff & Technical Review Procedure Permit Issued or Final Plat Approved Zoning Inspections & Certificates of Occupancy Section Planning Board Review and Board of Aldermen Approval Planning Board Review and Board of Aldermen Approval Flowchart Application for Review Planning Staff and Technical Review Procedure Review and Recommendation by the Planning Board Consideration by the Board of Aldermen Permit Issued Zoning Inspections & Certificates of Occupancy ARTICLE ZONING DISTRICTS Section Purpose Statement Section Interpretation Section Primary Zoning Districts Section Table of Permitted Uses Section Zoning District Development Standards R-1 Residential District R-2 Residential District C-1 Commercial District I C-2 Commercial District II C-3 Commercial District III C-4 Commercial District IV C-5 Commercial District V G-1 Public and Semipublic District PC Private Club District P-1 Conservation Zone S-1 Shore Zone Adopted November 8, 2012 Page 5 Contents

7 TABLE OF CONTENTS ARTICLE SUPPLEMENTAL REGULATIONS Section Introduction Section Accessory Buildings/Structures Section Activities Operated Exclusively for Pleasure, Recreation, Etc. 7-2 Section Health Care Facilities Section Assembly Halls, Gymnasiums, and Other Similar Structures Section Mixed Use Commercial-Residential Section Car Wash Section Child Care Centers Section Detached Garages Section Fences and Walls Section Financial Institutions/Banks Section Floating Homes Section Home Occupations Section Nursing Home Section Ocean-Related Business Activities Section Private Club Section Floor Area Ratio Section Telecommunication Facilities and Support Towers Purpose and Intent Approvals Required for Telecommunications Facilities and Support Structures Telecommunications Facilities and Support Structures Permitted by CUP General Standards and Design Requirements Miscellaneous Provisions Telecommunications Facilities and Support Structures in Existence on the Date of Adoption of this Ordinance Section Temporary Storage Containers Section Coffee Shops, No Food Prepared On Site Adopted November 8, 2012 Page 6 Contents

8 TABLE OF CONTENTS ARTICLE NONCONFORMING SITUATIONS PART I. GENERAL PROVISIONS Section Minimum Single Lot Requirements Section Minimum Multi-Lot Requirements Section Section Extension of Enlargement of Nonconforming Situations Prohibited Elevation of Nonconforming Structures in Order to Comply with Flood Ordinances Section Change in Nonconforming Situation Section Discontinuance or Abandonment Section Compliance with Flood Ordinance PART II. NONCONFORMING STRUCTURES Section Repairs and Maintenance PART III. SINGLE-FAMILY AND DUPLEX STRUCTURES Section Expansion or Enlargement PART IV. MULTI-FAMILY STRUCTURES Section Expansion or Enlargement PART V. OCEANFRONT FISHING PIERS Section Expansion or Enlargement PART VI. NONCONFORMING USES Section Expansion or Enlargement Section Relocation of Nonconforming Use Section Change in Use PART VII. DAMAGE OR DESTRUCTION Section Reconstruction Damage Less Than 50% Section Reconstruction Damage More Than 50% Section Increase in Extent of Nonconformity Section Time for Carrying Out Reconstruction Adopted November 8, 2012 Page 7 Contents

9 TABLE OF CONTENTS ARTICLE PERFORMANCE STANDARDS PART I. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS Section Off-Street Parking Requirements Certification of Minimum Parking Requirements Combination of Required Parking Space Bicycle Rack Requirements Parking Standards Off-Street Parking Requirements Per Land Use Exception in Parking Requirements Off-Street Parking Access to Paved Street Parking Space Arrangements and Dimensions Section Off-Street Loading for Commercial and Industrial Uses PART II. DRIVEWAY CONSTRUCTION Section Permit to Construct Driveway Required Section Conformity of Surrounding Areas of Abutting Property Owners; Refusal to Make Improvements Section Costs Assessed Against Property Abutting Sidewalk Section Specifications for Driveway Construction PART III. OUTDOOR LIGHTING Section Purpose Section Commercial Exterior Lighting Section Residential Exterior Lighting Section Private Piers and Docks Including Residential Section Signs Section Other Requirements Section Nonconformities Section Maximum Illumination Standards PART IV. LANDSCAPE, BUFFERING, AND SCREENING Section Purpose Section Applicability Section Landscaping Requirements Adopted November 8, 2012 Page 8 Contents

10 TABLE OF CONTENTS Section Bufferyards Section Additional Requirements for Buffers and for Yards in Which Buffers are Required Section Installation Section Maintenance Section Landscape Plan Section Tree Preservation Section Recommended Plant List ARTICLE SIGN REGULATIONS Section Prohibited Signs Section Exempt Signs Section Marquee Signs Section Shore Zone Signs Permitted Section Signs Permitted in All Districts Section Business and Name Signs Section Permits Section Unsafe Signs Section Maintenance Section Removal of Unlawful Signs Section Location Restriction Section Structural Requirements Section Construction of Freestanding Signs Section Exterior Lights and Signs Section Nonconforming Signs Adopted November 8, 2012 Page 9 Contents

11 TABLE OF CONTENTS ARTICLE ENVIRONMENTAL REGULATIONS PART I. FLOOD DAMAGE PREVENTION ORDINANCE Section Statutory Authorization Section Findings of Fact Section Statement of Purpose Section Objectives Section Lands to Which this Section Applies Section Basis for Establishing the Special Flood Hazard Areas Section Establishment of Floodplain Development Permit Section Compliance Section Abrogation and Greater Restrictions Section Interpretation Section Warning and Disclaimer of Liability Section Designation of Floodplain Administrator Section Floodplain Development Application/Permit/Certification Requirements Section Duties and Responsibilities of the Floodplain Administrator Section Corrective Procedures Section Variance Procedures Section General Standards for Flood Hazard Reduction Section Specific Standards for Flood Hazard Reduction Section Standards for Floodplains without Established Base Flood Elevation Section Standards for Riverine Floodplains with BFE but without Established Floodways or Non-Encroachment Areas Section Floodways and Non-Encroachment Areas Section Coastal High Hazard Areas (Zones VE) Section Effect on Rights and Liabilities under the Existing Flood Damage Prevention Ordinance Section Effect Upon Outstanding Floodplain Development Permits PART II. SEDIMENTATION AND SOIL EROSION CONTROL Section General Regulations PART III. OCEANFRONT PROPERTY Section Oceanfront Policies Adopted November 8, 2012 Page 10 Contents

12 TABLE OF CONTENTS Section Shoreline Development Boundary General Requirements Section Procedures for Development East of the Shoreline Development Boundary Section Access Structure Specifications Section Removable Structures Section Maintenance of Oceanfront Systems and Structures Section Authority to Remove Structure Section Damaging Dunes or Vegetation Section Compliance, Non-Conformities, Exceptions, & Exemptions Section Enforcement Provisions ARTICLE SUBDIVISION REGULATIONS PART I. SUBDIVISION PLATS Section Plat Required for Land Subdivision Section Approval of Subdivision Plats Required Section Plat Approval Required for Building Permit Section Plat Approval Not to Constitute Acceptance of Dedication Section Transfer of Lots in Unapproved Subdivision Plats Section Plat Approval Required Before Extension of Service Section Coordination of Street System Section Parcels of Land to Consist of Multiples of Normal Blocks Section Preliminary Plats Section Contents of Preliminary Plats Section Conformity of Plat to Requirements Section Approved Plats to be Kept on File Section Service Facilities Required Prior to Final Approval Section Final Plat Section Contents of Final Plat PART II. SUBDIVISION REGULATIONS Section Minimum Requirements Section Street Plans, Rights-of-Way, and Blocks Section Requirements for Streets Section Lot Sizes and Side Lines Adopted November 8, 2012 Page 11 Contents

13 TABLE OF CONTENTS Section Setback Lines, Unusable Lots, and Land Elevation Section Modification of Certain Requirements PART III. GROUP HOUSING DEVELOPMENTS Section Commonly Owned Areas Section Density Section Unit Ownership and Condominiums Section Site Plans Section Public Access, Easements, and Private Party Walls Section Utilities and Improvements Required APPENDICES APPENDIX A. APPENDIX B. DEFINITIONS INSTALLATION DETAIL Adopted November 8, 2012 Page 12 Contents

14 ARTICLE PURPOSE AND APPLICABILITY ARTICLE PURPOSE AND APPLICABILITY Section Title Section Authority Section Purpose Section Applicability Jurisdiction Exemptions Section Conflicts with Other Regulations Section Deed Restrictions Section Severability Section Interpretation and Administration Generally Responsibility Delegation of Authority Computation of Time Section Identification of Official Zoning Map Section Zoning Map Interpretation Section Interpreting Permitting Uses Section Enforcement Building Permit Required Application for Building Permit Certificate of Zoning Compliance Application for Certificate of Zoning Compliance Certificate of Occupancy Required Complaints Regarding Violations Persons Liable Procedures Upon Discovery of Violations Penalties and Remedies for Violations Permit Revocation Judicial Review Section Effective Date Adopted November 8, 2012 Page 1-1 Article 155.1

15 ARTICLE PURPOSE AND APPLICABILITY SECTION TITLE This Ordinance is officially titled as Unified Development Ordinance of Wrightsville Beach, North Carolina, and shall be known as the Unified Development Ordinance (UDO). The official map designating the various zoning districts shall be titled, Town of Wrightsville Beach Zoning Map, and shall be known as the Zoning Map. SECTION AUTHORITY Zoning provisions enacted herein are under the authority of North Carolina General Statutes (NCGS) 160A-381 to 160A-392, which extends to towns/cities the authority to enact regulations which promote the health, safety, morals, or the general welfare of the community. It is further authorized under NCGS 160A-382, which authorizes cities to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land. This section further authorizes the establishment of overlay districts in which additional regulations may be imposed upon properties that lie within the boundary of the district. The statutes also require that all such regulations shall be uniform for each class or type of building throughout each district, but that the regulations in one district may differ from those in other districts. Subdivision provisions enacted herein are under the authority of NCGS 160A-372 which provide for the coordination of streets within proposed subdivisions with existing or planned streets and with other public facilities, the dedication or reservation or recreation areas serving residents of the immediate neighborhood within the subdivision, or alternatively, for the provision of funds to be used to acquire recreation areas serving residents of more than one neighborhood in the immediate area, and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding. This UDO, which combines zoning and subdivision authority, is further enacted under Section 1 of SL , a revision to NCGS 160A-363. SECTION PURPOSE This Unified Development Ordinance and Zoning Map are made in accordance with a comprehensive plan and is designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, parks and other public requirements; to control development of flood prone areas and regulate stormwater runoff/discharge; to regulate signs; and to establish proceedings for the subdivision of land. The regulations have been made with reasonable consideration, among other things, as to the character of the jurisdiction and its Adopted November 8, 2012 Page 1-2 Article 155.1

16 ARTICLE PURPOSE AND APPLICABILITY peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction. Furthermore, the UDO will aim to: Continue utilization of the established mixed-use pattern of certain portions of the community; Acknowledge and protect a character that is unique to Wrightsville Beach; Protect existing housing and lodging opportunities; Protect the existing uses, densities, and intensities; Provide new investment and reinvestment opportunities; Ensure new development and redevelopment compliments and enhances community character; and Implement thoughtful controlled growth. SECTION APPLICABILITY Jurisdiction (A) (B) The regulations set forth in this Ordinance shall apply to all property within the town limits, extraterritorial jurisdiction, and within the various zoning districts as designated on the official zoning map, as established in Article 155.6, Zoning Districts. Except as hereinafter provided, no building or structure shall be erected, moved, altered, or extended, and no land, building, or structure or part thereof shall be occupied or used unless in conformity with the regulations specified for the district in which it is located Exemptions (A) (B) These regulations shall not apply to any land or structure for which, prior to the effective date hereof, there is a properly approved site specific plan as required by the requirements previously adopted or previously approved vested rights (Article 155.4, Section ). Any preliminary or final subdivision plat approvals required for such approved or exempted site specific plans shall be conducted in accordance with the requirements of the previous Zoning Ordinance or Subdivision Ordinance. In accordance with NC General Statutes 160A-392, the Town of Wrightsville Beach UDO applies to state-owned lands only when a building is involved. Adopted November 8, 2012 Page 1-3 Article 155.1

17 ARTICLE PURPOSE AND APPLICABILITY SECTION CONFLICTS WITH OTHER REGULATIONS It is not intended by this Ordinance to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties. However, where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this Ordinance shall govern. SECTION DEED RESTRICTIONS The enforcement and interpretation of the UDO shall not be affected by deed restrictions, covenants, or easements, other than those made as a condition of approval of a development application under the UDO or any predecessor ordinance. SECTION SEVERABILITY If any section or specific provision or standard of this Ordinance or any regulating district boundary arising from it is found by a court to be invalid for any reason, the decision of the court shall not affect the validity of any other section, provision, standard, or district boundary of these regulations except the provision in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect. SECTION INTERPRETATION AND ADMINISTRATION Generally Regulations of this Ordinance shall be enforced and interpreted according to the following rules: (A) (B) (C) Permitted Uses. Uses not designated as permitted or conditional uses shall be prohibited. Building Restrictions. Every building hereafter erected or structurally altered shall be located on a lot. Minimum Requirements. The provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity, or the general welfare. Adopted November 8, 2012 Page 1-4 Article 155.1

18 ARTICLE PURPOSE AND APPLICABILITY Responsibility In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of the UDO, the UDO Administrator shall be responsible for interpretation and shall look to the Ordinance for guidance. Responsibility for interpretation by the UDO Administrator shall be limited to standards, regulations and requirements of the UDO, but shall not be construed to include interpretation of any technical codes adopted by reference in the UDO, and shall not be construed as overriding the responsibilities given to any commission, board, or official names in other sections or articles of the UDO Delegation of Authority Unless otherwise specified in the UDO, the identification of certain officials, including the Town Manager, Planning & Parks Director, City Attorney, or any other Department Director or Town Official to perform a task or carry out a specific responsibility, shall also include the designee of such official. Unless otherwise specified in the UDO, the term Director shall mean the Planning & Parks Director and the term Department shall mean the Planning Department Computation of Time (A) (B) Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded. Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice and the notice or paper is served by mail (Certified Mail/Return Receipt Requested), three days shall be added to the prescribed period. SECTION IDENTIFICATION OF OFFICIAL ZONING MAP (A) (B) The Zoning Map shall be identified by the signature of the Mayor attested by the Town Clerk and bearing the seal of the Town under the following words: This is to certify that this is the Official Zoning Map of the Unified Development Ordinance, Wrightsville Beach, North Carolina, together with the date of the adoption of this Ordinance. If, in accordance with the provisions of this Ordinance, changes are made in district boundaries or other items portrayed on the Zoning Map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the Board of Adopted November 8, 2012 Page 1-5 Article 155.1

19 ARTICLE PURPOSE AND APPLICABILITY Aldermen, with an entry on the official zoning map denoting the date of amendment, description of amendment, and signed by the Town Clerk. No amendment to this Ordinance which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map. (C) (D) (E) (F) No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this Ordinance and state law. Any unauthorized change of whatever kind by any person shall be considered a violation of this Ordinance and punishable as provided under Section Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the Town Clerk, shall be the final authority as to the zoning status of land and water areas, buildings, and other structures in the town. In the event the official zoning map becomes damaged, destroyed, lost, or difficult to interpret, the Board of Aldermen may by resolution adopt a new official zoning map which shall supersede the prior zoning map. The new official zoning map may correct drafting errors or other errors or omissions in the prior official zoning map, but no correction shall have the effect of amending the original official zoning map, or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the Mayor attested by the Town Clerk, and bearing the seal of the town under the following words: This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced), as part of the Unified Development Ordinance, Wrightsville Beach, North Carolina. Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption or amendment. SECTION ZONING MAP INTERPRETATION Where uncertainty exists as to the boundaries of any district shown on the Official Zoning Map, the UDO Administrator shall employ the following rules of interpretation. (A) Centerline. Where a boundary line lies within and follows a street or alley right-of-way or utility easement, the boundary shall be construed to be in the center of such street or alley right-of-way or utility easement. If the boundary between two separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the centerline of the abandoned or vacated road bed or utility easement. Adopted November 8, 2012 Page 1-6 Article 155.1

20 ARTICLE PURPOSE AND APPLICABILITY (B) (C) Edge Line. Where a boundary line follows the edge of a street or alley right-of-way, a railroad right-of-way, or utility easement, the boundary shall be construed to be on the edge of such street or alley right-of-way, railroad right-of-way, or utility easement. If such a street or alley right-of-way, railroad right-of-way, or utility easement forming the boundary between two separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the edge of the abandoned or vacated road bed or utility easement. Lot Line. Boundaries indicated as approximately following lot lines shall be construed as following such lot lines. In the event that a district boundary line divides a lot or tract, each part of the lot or tract so divided shall be used in conformity with the regulations established by this Ordinance for the district in which said part is located. (D) Town Limits. Boundaries indicated as approximately following town limits shall be construed as following the town limits. (E) (F) (G) (H) Watercourses. Boundaries indicated as approximately following the centerlines of streams, estuarine shorelines, oceanfront shorelines, canals, lakes, or other bodies of water shall be construed to follow such centerlines. Extensions. Boundaries indicated as parallel to or extensions of street or alley rights-ofway, utility easements, lot lines, city limits, county lines, or extraterritorial boundaries shall be so construed. Scaling. In the case where a district boundary does not coincide with any boundary lines as above and no distances are described by specific ordinance; the boundary shall be determined by the use of the scale appearing on the map. Where the UDO Administrator determines that physical features existing on the ground or actual property lines or other man-made boundary lines used to depict zoning district boundaries, are at variance with those shown on the Official Zoning Map, the Board of Adjustment shall have the authority to interpret zoning district boundaries. SECTION INTERPRETING PERMITTED USES (A) If a use is not specifically listed in any of the districts listed in this Ordinance, then the UDO Administrator shall have the authority to interpret in which district the use, if any, should be permitted. Adopted November 8, 2012 Page 1-7 Article 155.1

21 ARTICLE PURPOSE AND APPLICABILITY (B) If the UDO Administrator rejects a proposal for a use that is not clearly disallowed in a particular district, then the UDO Administrator shall: (1) Ensure that the citizen is provided with a copy of the interpretation in writing. (2) Inform the citizen of the right to appeal the decision to the Board of Adjustment. SECTION ENFORCEMENT Building Permit Required No building or other structure shall be erected, moved, added to, demolished, or structurally altered without building and zoning permits therefor issued by the Planning and Inspections Department. No building permit shall be issued by the Department except in conformity with the provisions of this Ordinance and the NC State Building Code unless he or she receives a written order from the Board of Aldermen in the form of a variance as provided by this Ordinance Application for Building Permit (A) (B) All applications for building permits shall be accompanied by plans in duplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing (if any), and the location and dimensions of the proposed buildings or alteration. The application shall include other information as lawfully may be required by the UDO Administrator, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; floodplain development permit; and any other matters as may be necessary to determine conformance with, and provide for the enforcement of this Ordinance. One copy of the plans shall be returned to the applicant by the UDO Administrator, after he shall have marked the copy either as approved or disapproved and attested to same by his signature on the copy. One copy of the plans, similarly marked, shall be retained by the UDO Administrator. Adopted November 8, 2012 Page 1-8 Article 155.1

22 ARTICLE PURPOSE AND APPLICABILITY Certificate of Zoning Compliance (A) (B) (C) (D) No land shall be used or occupied and no building hereafter structurally altered, erected, or moved, shall be used, or its use changed until a certificate of zoning compliance shall have been issued by the UDO Administrator stating that the building or the proposed use thereof complies with the provisions of this Ordinance. A certificate of zoning compliance, either for the whole or a part of a building, shall be applied for coincident with the application for a building permit and shall be issued together with the building permit. A record of all preliminary and final certificates shall be kept on file in the office of the UDO Administrator. No preliminary certificate of zoning compliance shall be issued until the applicant has filed a written statement with the UDO Administrator describing the intended use of the property Application for Certificate of Zoning Compliance (A) Each application for a preliminary certificate of zoning compliance shall be accompanied by a plan in duplicate, drawn to scale, one copy of which shall be returned to the owner upon approval. The plan shall show the following: (1) The shape and dimensions of the lot on which the proposed building or use is to be erected or conducted. (2) The location of the lot with respect to adjacent rights-of-way. (3) The shape, dimensions, and location of all buildings, existing and proposed, on the lot. (4) The nature of the proposed use of the building or land, including the extent and location of the use on the lot. (5) The location and dimensions of off-street parking and the means of ingress and egress to the space. (6) Any other information which the UDO Administrator may deem necessary for consideration in enforcing the provisions of this Ordinance. Adopted November 8, 2012 Page 1-9 Article 155.1

23 ARTICLE PURPOSE AND APPLICABILITY (B) Upon completion of all final inspections of work for which a building permit was issued and prior to the issuance of a certificate of compliance as required by NCGS 160A-423, the UDO Administrator shall issue a final certificate of zoning compliance indicating that the completed repairs or construction comply with the provisions of this Ordinance. All new structures, substantially improved structures (as defined in Appendix A), all structures that have been elevated and all structures which have been added to shall be required to provide verification of building height and setbacks before a final certificate of zoning compliance is issued. Such verification shall be in the form of a survey or other documentation acceptable to the UDO Administrator and prepared by a registered land surveyor. The height and elevation of the structure may be provided on the "Elevation Certificate" under "Comments" Certificate of Occupancy Required A certificate of occupancy issued by the UDO Administrator is required in advance of Occupancy or use of a building hereafter erected, altered, or moved. Change of use of any building or land. A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincident with or subsequent to the application for a certificate of zoning compliance and shall be issued within ten (10) business days after the erection or structural alteration of such building or part shall have been completed in conformity with the provisions of this Ordinance. Additionally, a certificate of occupancy shall be applied for and must be granted before any person occupies a building for which a change in use is proposed. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this Ordinance. If the certificate of occupancy is denied, the UDO Administrator shall state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the UDO Administrator for a period of five (5) years and copies shall be furnished on request to any persons having a proprietary or tenancy interest in the building or land involved. A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building or for other temporary uses. Adopted November 8, 2012 Page 1-10 Article 155.1

24 ARTICLE PURPOSE AND APPLICABILITY An as-built survey and elevation certificate for any project involving development, redevelopment, expansion, or renovation which results in an expansion of the existing structure footprint must be submitted to the UDO Administrator prior to the issuance of a certificate of occupancy. The as-built survey must be prepared by a registered land surveyor licensed in the State of North Carolina Complaints Regarding Violations Whenever the UDO Administrator receives a written, signed complaint alleging a violation of the Ordinance, he/she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions will be taken Persons Liable The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Ordinance may jointly and/or independently be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided Procedures Upon Discovery of Violations (A) (B) (C) If the UDO Administrator finds that any provision of this Ordinance is being violated, he/she shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the UDO Administrator s discretion. The final written notice (and the initial written notice may be the final notice) shall state what action the UDO Administrator intends to take if the violation is not corrected and shall advise that the UDO Administrator s decision or order may be appealed to the Board of Adjustment in accordance with subsection Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of the Ordinance or pose a danger to the public health, safety, or welfare, the UDO Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in subsection Adopted November 8, 2012 Page 1-11 Article 155.1

25 ARTICLE PURPOSE AND APPLICABILITY Penalties and Remedies for Violations (A) (B) (C) A violation of any provision of this ordinance is a misdemeanor or infraction as provided by NCGS 14-4 and punishable upon conviction by a fine not exceeding $500. A violation of any provision of this Ordinance shall subject the offender to a civil penalty in the amount of $50, except as provided in Section , Tree Preservation, to be recovered by the town in a civil action an the nature of dept if the offender does not pay the penalty within ten (10) days after being cited for a violation of the ordinance. The provisions of this Ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. ( D) Each day s continuing violation of any provisions of this ordinance shall be a separate and distinct offense. (E) The provisions of this ordinance may be enforced by any one, all, or a combination of the remedies authorized and prescribed by NCGS 160A-175 and this section Permit Revocation (A) (B) (C) Any permit issued under this Ordinance may be revoked by the permit-issuing authority (in accordance with the provisions of this subsection) if the permit recipient fails to (1) develop or maintain the property in accordance with the plans submitted, the requirements of this Ordinance, or any additional requirements lawfully imposed by the permit-issuing board, or (2) the permit was issued based on erroneous information. Before a conditional use permit may be revoked, all of the notice and hearing and other requirements of Article shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation. Before permits other than conditional use may be revoked, the UDO Administrator shall give the permit recipient ten (10) days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is revoked, the UDO Administrator shall provide to the permittee a written statement of the decision and the reasons therefor. Appeals may be made to the Board of Adjustment as provided for in subsection Adopted November 8, 2012 Page 1-12 Article 155.1

26 ARTICLE PURPOSE AND APPLICABILITY (D) No person may continue to make use of land or building in the manner authorized by any permit issued under this Ordinance after such permit has been revoked in accordance with this Ordinance Judicial Review (A) (B) Every decision of the Board of Aldermen granting or denying a conditional use permit and every final decision of the Board of Adjustment shall be subject to review by the Superior Court of New Hanover County by proceedings in the nature of certiorari. The petition for the writ of certiorari must be filed with the New Hanover County Clerk of Court within 30 days after the later of the following occurrences: (1) A written copy of the board s decision has been filed in the office of the planning department, and (2) A written copy of the board s decision has been delivered by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case. (C) A copy of the writ of certiorari shall be served upon the Town of Wrightsville Beach. SECTION EFFECTIVE DATE These regulations shall become effective on November 8, Upon such date, these regulations shall supersede, repeal, and replace: Chapters 151, 153, 154, and 155 of the Town Code of Ordinances. Adopted November 8, 2012 Page 1-13 Article 155.1

27 ARTICLE GENERAL REGULATIONS ARTICLE GENERAL REGULATIONS Section Applicability of General Regulations Section Reduction of Lot and Yard Areas Prohibited Section Public Access to Property Section One Principal Building or Use Section Projections into Public Streets and Street Right-of-Way Section Site Visibility Triangle Section No Use or Sale of Land or Buildings Except in Conformity with Ordinance Provisions Section Height Limitation Exceptions Section Fees Section Open Space Requirements Section Fire Districts Section Property Owners' Association Section Temporary Buildings Section Permit to Construct Driveway Required Section Building Design Adopted November 8, 2012 Page 2-1 Article 155.2

28 ARTICLE GENERAL REGULATIONS SECTION APPLICABILITY OF GENERAL REGULATIONS The following general regulations of this Article shall apply in all situations unless otherwise indicated. SECTION REDUCTION OF LOT AND YARD AREAS PROHIBITED No yard or lot existing at the time of passage of this Ordinance shall be reduced in size or area below the minimum requirements set forth in this Ordinance. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance. SECTION PUBLIC ACCESS TO PROPERTY Every building or structure hereafter erected shall be located on a lot and the lot shall abut a public street or have access to an approved private street, or the lot shall abut a common area properly restricted through deed restrictions and/or property owners association at least partly owned by the owner of the building, structure, or portion thereof. SECTION ONE PRINCIPAL BUILDING OR USE Only one principal building or use per lot shall be allowed unless otherwise is specifically approved by this Ordinance. SECTION PROJECTIONS INTO PUBLIC STREETS AND STREET RIGHT-OF-WAY (A) No signs, canopies, wooden or metal marquees, or other similar structures shall project beyond any street right-of-way line, except where accessory to and on the same premises as used within the five business districts designated by this Ordinance. Billboards are prohibited in all districts. Any of the above structures within the five designated business districts must be positioned so that the farthest extended part of such structures shall be at least 7-1/2 feet from the existing right-of-way line measured from the building side of the right-of-way line. All signs, canopies, wooden or metal marquees, or other similar structures shall be placed so that the lowest part is no closer to the sidewalk or ground than eight feet. A flexible valance may extend one additional foot toward the sidewalk or ground for a clear height of seven feet above the sidewalk. No sign, canopy, wooden or metal marquee or similar structure shall be higher than 20 feet, nor allowed to project above any roof line. Adopted November 8, 2012 Page 2-2 Article 155.2

29 ARTICLE GENERAL REGULATIONS (B) Canopies, awnings, and other similar type structures may be used only if: (1) The canopies and awning provide nothing other than identification and street numbers. (2) They will not obstruct the view with support and enclosing walls. (3) They can be removed or secured during time of foul weather. (4) They conform to the structural and construction standards of the NC state building code. SECTION SIGHT VISIBILITY TRIANGLE The land adjoining a street intersection or egress to a street from off-street parking areas shall be kept clear of obstructions to protect the visibility and safety of motorists and pedestrians. (A) Corner Lot Intersections. On a corner lot, nothing shall be erected, placed, or allowed to grow in a manner so as materially to impede vision between a height of three feet and ten feet in a triangular area formed by a diagonal line between two points on the right-of-way lines, 20 feet from where they intersect. A clear view shall be maintained on corner lots from 3 to 10 feet in vertical distance. (B) Driveways. At all points of egress from off-street parking areas to a road, unobstructed visibility shall be maintained at an elevation of between three (3) and ten (10) feet of the centerline pavement level, within the two areas formed by two right angle triangles, on the sides of the driveway. Each triangle shall have a base measuring five (5) feet along the edge of the driveway and a height measuring 30 feet along the edge of the road right-of-way. Adopted November 8, 2012 Page 2-3 Article 155.2

30 ARTICLE GENERAL REGULATIONS SECTION NO USE OR SALE OF LAND OR BUILDINGS EXCEPT IN CONFORMITY WITH ORDINANCE PROVISIONS (A) (B) Subject to Article of this Ordinance (Nonconforming Situations), no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this Ordinance. For purposes of this section, the use or occupancy of a building or land relates to anything and everything that is done to, on, or in that building or land. SECTION HEIGHT LIMITATION EXCEPTIONS The height limitations of this Ordinance shall not apply to church spires, antennas, elevators, HVAC equipment, and similar accessories to buildings. SECTION FEES (A) (B) Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, sign permits, conditional use permits, subdivision plat approval, site plan approval, zoning amendments, variances, changes to Ordinance text and map, and other administrative actions. The amount of the fees charged shall be as set forth in the town s budget or as established by resolution of the Board of Aldermen filed in the office of the Town Clerk. Fees established in accordance with subsection (A) shall be paid upon submission of a signed application or notice of appeal. SECTION OPEN SPACE REQUIREMENTS (A) (B) No structure or portion of a structure of any kind shall be permitted in any part of a required yard, either below, at, or above ground level, except as set forth in this section or elsewhere in this Ordinance. The following may encroach into the required yard so long as such use complies with all other applicable provisions of this Ordinance: (1) Roofs and gutters may encroach two feet into the required yard. Adopted November 8, 2012 Page 2-4 Article 155.2

31 ARTICLE GENERAL REGULATIONS (2) Utility/service equipment stands, as defined herein, may encroach four feet into the required rear and side-yard setback area. These stands shall be the minimum size required to accommodate the equipment located thereon as determined by the UDO Administrator or his or her designee. Utility/service equipment stands which encroach into the required setback shall not be accessible by stairs unless required by Occupational Safety and Health Administration (OSHA) regulations. Nonconforming utility stands erected prior to adoption of this Ordinance may be repaired or replaced notwithstanding the maximum encroachment as outlined hereinabove, provided that they comply with this Ordinance to the extent possible, and are the minimum size required to accommodate the equipment located thereon as determined by the UDO Administrator or his or her designee. (3) Fences may encroach into any required yard so long as they are in conformance with the regulations set forth in Section (4) Driveways may encroach within the street frontage yards, provided that they are in conformance with Section (5) Driveways, parking, and sidewalks may encroach into the required yards in the P-C, C-2, C-3, C-4, and C-5 Districts in conformance with the applicable district regulations found in Section (6) Landscaping, including but not limited to flower beds, planters, tree, etc., may encroach into any required yard. This shall not include gravel, pervious pavers, or impervious pavers, the primary purpose of which is to provide parking. These materials shall be considered as driveways and may encroach into the street frontage yards so long as they are in conformance with Section (7) Accessory buildings as permitted by subsection (R-1 Residential District) and subsection (R-2 Residential District). (8) Walkways no more than 36 inches wide elevated no more than six inches above grade composed of pervious materials, including but limited to wood and pervious pavers, provided that they are erected for the sole purpose of providing access to residences, piers, or permitted establishments located on the same property or located adjacent to the same property. (9) Beach walkovers constructed in accordance with the Wrightsville Beach Unified Development Ordinance, Article , Part III, Oceanfront Property. Adopted November 8, 2012 Page 2-5 Article 155.2

32 ARTICLE GENERAL REGULATIONS (10) Bulkheads as defined in this ordinance installed in accordance with Division of Coastal Management Rules and Regulations. (11) Retaining walls measuring no greater than 30 inches above the lowest adjacent grade erected for landscaping, stormwater retention or pedestrian safety. SECTION FIRE DISTRICTS (A) Fire districts are to comply with the provisions of Appendix D, Fire Districts, of the North Carolina State Building Code: Building Code, 2009 Edition, and as thereafter amended, and are established as follows: (1) Fire District No I. Those areas shown as C-1 and C-4 on the official zoning map of the town, as adopted March 13, (2) Fire District No II. Those areas shown as C-2, C-3, C-5, and all private club zones on the official zoning map of the town, as adopted March 13, (B) (C) The limit boundaries of both Fire Districts Nos. I and II shall change with, and conform to any official changes in the official zoning map with respect to the zones set forth in this section. After May 27, 1982, all buildings erected in the primary and secondary fire districts shall be required to install an approved fire alarm system and an approved sprinkler system. SECTION PROPERTY OWNERS ASSOCIATION (A) (B) No preliminary plat, site plan, or conditional use permit for which a property owners association will exist shall be approved until all required legal instruments have been reviewed by the Town Attorney as to legal form and effect and approved by the Town. If common open space is deeded to a property owners association, the owner or developer shall file with the New Hanover County Register of Deeds and the Town of Wrightsville Beach a declaration of covenants, conditions, and restrictions that will govern such association. The provisions of such declaration of covenants, conditions, and restrictions shall include, but not be limited to, the following: (1) The property owners association must be set up before any property is sold in the development. Adopted November 8, 2012 Page 2-6 Article 155.2

33 ARTICLE GENERAL REGULATIONS (2) Membership must be mandatory and automatic when property is purchased in the development. (3) The open space requirement must be permanent, not just for a period of years. (4) The association must be responsible for liability insurance, local taxes, and maintenance of recreational and other common facilities including private streets. (5) Property owners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property. (6) The association must be able to adjust the assessment to meet changed needs. (7) Covenants for maintenance assessments shall run with the land. (8) Provision insuring that control of such association will gradually be vested in the property owners association. (9) All lands so conveyed shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common facilities. (10) Stormwater management system maintenance schedule. (C) All POA documents submitted as part of a development or site plan approval must be reviewed and approved by the Town of Wrightsville Beach Attorney prior to the issuance of building permits for the project. SECTION TEMPORARY BUILDINGS Temporary buildings, including mobile structures, incidental to a construction project may be permitted to be used concurrent with the permit for permanent building(s) or construction. Such temporary building shall be removed within fourteen (14) days following completion of construction. No such building shall be used for dwelling purposes. Refer to Section (H) for additional regulations regarding temporary structures in a floodplain. Adopted November 8, 2012 Page 2-7 Article 155.2

34 ARTICLE GENERAL REGULATIONS SECTION PERMIT TO CONSTRUCT DRIVEWAY REQUIRED No person shall construct, reconstruct, or repair any driveway within the town without first obtaining from the UDO Administrator a zoning permit to do so. Such person shall construct, reconstruct, and repair such driveway under the supervision of the UDO Administrator, and in accordance with Article 155.9, Part II of this ordinance. SECTION BUILDING DESIGN (A) (B) In all zoning districts, roofing materials shall have non-reflective/non-glare finishes. For buildings in non-residential zoning districts, exterior metal finishes shall not be allowed on the front façade of the building. Adopted November 8, 2012 Page 2-8 Article 155.2

35 ARTICLE ADMINISTRATIVE/LEGISLATIVE AUTHORITY ARTICLE ADMINISTRATIVE/LEGISLATIVE AUTHORITY PART I. UDO ADMINISTRATOR Section Powers and Duties PART II. TECHNICAL REVIEW PROCEDURE Section Purpose Section Procedures, Completion PART III. CONFLICTS OF INTEREST Section Conflicts of Interest PART IV. BOARD OF ALDERMEN Section Powers and Duties PART V. PLANNING BOARD Section Creation Section Composition; Filling Vacancies Section Organization, Meetings, Records Section Powers and Duties PART VI. BOARD OF ADJUSTMENT Section Establishment of Board of Adjustment Section Powers of the Board of Adjustment Section Organization; Meetings Section Quorum and Voting Adopted November 8, 2012 Page 3-1 Article 155.3

36 ARTICLE ADMINISTRATIVE/LEGISLATIVE PART I. UDO ADMINISTRATOR SECTION POWERS AND DUTIES (A) (B) The UDO Administrator, to be designated by the Town Manager, is hereby authorized and it shall be his/her duty to enforce the provisions of this Ordinance. This official shall have the right to enter upon the premises at any reasonable time necessary to carry out his/her duties. It is the intention of this Ordinance that all questions arising in connection with enforcement and interpretation shall be presented first to the UDO Administrator and/or designated agent. Appeal from his/her decision may be made to the Board of Adjustment. In administering the provisions of this Ordinance, the UDO Administrator and/or designated agent shall: (1) Make and maintain records of all applications for permits, conditional uses, special uses, and requests listed herein, and records of all permits issued or denied, with notations of all special conditions or modifications involved. (2) File and safely keep copies of all plans submitted, and the same shall form a part of the records of his/her office and shall be available for inspection at reasonable times by any interested party. (3) Transmit to the Planning Board, Board of Aldermen, and/or the Board of Adjustment all applications and plans for which their review and approval is required. (4) Conduct inspections of premises and, upon finding that any of the provisions of this Ordinance are being violated, notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The UDO Administrator shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions. (C) In addition, the UDO Administrator shall have the following duties: (1) Prepare a report of the technical review procedure and recommendations for the Planning Board, Board of Adjustment, or Board of Aldermen as may be required. (2) Provide administrative interpretations of the UDO. Adopted November 8, 2012 Page 3-2 Article 155.3

37 ARTICLE ADMINISTRATIVE/LEGISLATIVE (3) Provide nonconformity determinations, including expansions of nonconforming uses and structures. (4) Review and approve zoning compliance applications. (5) Review and approve applications for temporary uses, including special events. (6) Review and approve certificates of occupancy. (7) Conduct concept meetings with applicants for development approval as necessary or appropriate. (8) Maintain the official zoning map and the public records of the Planning Department, Planning Board, and Board of Adjustment. (9) Perform site inspections. PART II. TECHNICAL REVIEW PROCEDURE SECTION PURPOSE The purpose of the Technical Review Procedure is to facilitate communication and coordination between departments responsible for development review. SECTION PROCEDURES; COMPOSITION (A) (B) (C) The technical review procedure shall be used to review all applications for site-specific development approval for all conditional use permits, preliminary and final plat approvals and amendments, development site plans, development agreements, landscaping plans, and any application for development approval if requested by the UDO Administrator. The technical review procedure shall result in the provision of recommendations, as provided herein, regarding the application under its review. The technical review procedure may include, but not necessarily be limited to, the following individuals/departments: UDO Administrator (Planning & Parks Department), Town Manager, Fire Department, Police Department, Public Works Department. The UDO Administrator may request the participation of professional experts or a representative from county, regional or state agencies if the UDO Administrator determines that such entities can provide expertise concerning the proposed development. Adopted November 8, 2012 Page 3-3 Article 155.3

38 ARTICLE ADMINISTRATIVE/LEGISLATIVE PART III. CONFLICTS OF INTEREST SECTION CONFLICTS OF INTEREST (A) (B) Members of the Planning Board and Board of Adjustment must act in the public interest and not to advance their own financial interests. A member of a planning board or board of adjustment may not vote on an UDO action where there is a potential financial conflict of interest. If the outcome of the vote is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member, the member must not vote on it. If a Planning Board or Board of Adjustment makes special use, conditional use, variance, appeal, or interpretation decisions, they must not participate in the discussion or voting if they have a personal bias, a predetermined opinion on the matter, a close family or business tie to a party, or a financial interest in the outcome. When a member is disqualified for a conflict of interest, that member must not participate in the hearing in any way, neither asking questions, nor debating, nor voting on the case. If an objection is raised to a member s participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection. The Board of Aldermen shall act in all matters in compliance with the Town of Wrightsville Beach Code of Ethics for the Mayor and Board of Aldermen adopted August 26, PART IV. BOARD OF ALDERMEN SECTION POWERS AND DUTIES (A) (B) (C) (D) The Wrighstville Beach Board of Aldermen has those powers and duties as provided herein and by Article 5 of Chapter 160A of the North Carolina General Statutes. In considering proposed changes in the text of this Ordinance or in the zoning map, the Board of Aldermen acts in its legislative capacity and must proceed in accordance with the requirements of Article Unless otherwise specifically provided in this Ordinance, in considering amendments to this Ordinance or the zoning map, the Board of Aldermen shall follow the regular voting and other requirements as set forth in other provisions of the Town code. To adopt temporary moratoria on any Town development approval required by law (refer to Section ). Adopted November 8, 2012 Page 3-4 Article 155.3

39 ARTICLE ADMINISTRATIVE/LEGISLATIVE PART V. PLANNING BOARD SECTION CREATION The Wrightsville Beach Board of Aldermen hereby authorizes, reaffirms, and establishes the Planning Board under the authority granted by the General Statutes of the State of North Carolina, Chapter 160A-361. The Wrightsville Beach Planning Board shall constitute, function, and may be referred to as the Planning Board. SECTION COMPOSITION; FILLING VACANCIES The Planning Board shall consist of seven members, all of whom shall be residents of the Town and appointed by the Board of Aldermen. All members shall be appointed for two-year terms or until a successor is appointed. Members terms shall run from February 1 through January 31. No member of the Planning Board shall serve more than three consecutive terms. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur by the Board of Aldermen for the period of the unexpired term. SECTION ORGANIZATION, MEETINGS, RECORDS (A) (B) There shall be a Chairman and Vice Chairman elected annually by the Board members at the regular meeting in February. The Board shall adopt Rules of Procedure which shall be effective following approval by the Board of Aldermen. The Board shall keep minutes of meetings, records of the members attendance and resolutions, discussions, findings and recommendations, all of which minutes and such records shall be furnished to the Board of Aldermen. The records shall be considered public records. The Board shall hold at least one meeting each month and all meetings shall be open to the public and subject to the provisions of NCGS 143A, Article 33C regarding open meetings. The Board of Aldermen shall have the authority to remove any member who misses three consecutive regular meetings or more than four total meetings during his or her membership on the Planning Board. It shall be the responsibility of the Chairman of the Planning Board to advise the Board of Aldermen of any member who misses three consecutive regular meetings or more than a total of four meetings. In the event the Board of Aldermen removes a member because of his or her failure to comply with the attendance requirements set forth herein, the Board of Aldermen shall notify the Chairman of the Planning Board, in writing, that the member has been removed. Each member shall notify the Chairman or the Planning staff at least 48 hours before a regular meeting when an absence is anticipated. Adopted November 8, 2012 Page 3-5 Article 155.3

40 ARTICLE ADMINISTRATIVE/LEGISLATIVE SECTION POWERS AND DUTIES The Planning Board shall have the following powers and duties: (A) Studies. To make careful studies of present conditions and the probable future development of the town and its environs. Such studies may include but are not limited to land use surveys; population studies; economic base studies; schools, parks, and recreation studies; traffic studies; and urban renewal studies. (B) Comprehensive Plan. To formulate and maintain a comprehensive plan of the Town and its environs for the purpose of achieving a coordinated, adjusted, and harmonious development of the municipality which would promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity, and general welfare of its citizens; efficiency and economy in the process of development; convenience of traffic; safety from fire and other dangers; adequate light and air; healthful and convenience distribution of population; provision of adequate open spaces; good civic design and arrangement; wise and efficient expenditures of public funds; adequate provision for public utilities; and other matters pertaining to public requirements. The comprehensive plan shall consist of a number of parts which may include but not be limited to the following: a land use plan, a major thoroughfare plan, a utilities plan, a plan for economic development, a recreation plan, a school plan, and a community facilities plan. (C) Zoning Ordinances. To suggest revisions from time to time to the existing zoning ordinances and to make other recommendations as the Planning Board deems appropriate from time to time to the Board of Aldermen regarding zoning ordinances. (D) (E) Subdivision Regulations. To suggest revisions from time to time to the existing subdivision regulations and to make other recommendations as the Planning Board deems appropriate from time to time to the Board of Aldermen regarding subdivision ordinances. Powers of Review. To review and make recommendations to the Board of Aldermen upon the extent, location, and design of all public structures and facilities; on the acquisition and disposal of public properties; on the opening, abandonment, widening, extension, narrowing, or other change to streets and other public ways; and on the construction, extension, expansion, or abandonment of utilities, whether publicly or privately owned. However, in the absence of a recommendation from the Planning Board after the expiration of 30 days from the date on which the question has been submitted in writing to the Board, the Board of Aldermen may if it deems wise, take final action. Adopted November 8, 2012 Page 3-6 Article 155.3

41 ARTICLE ADMINISTRATIVE/LEGISLATIVE (F) (G) (H) Annual Report. To submit, in April of each year, to the Board of Aldermen, a report of its activities, for the preceding year. Prior Approval by the Board of Aldermen. In exercising the powers and duties set forth herein, the Planning Board is authorized to appoint committees made up in whole or in part of citizens of the Town who are not members of the Planning Board. Provided, however, that the creation of the committees and the appointments thereto shall be subject to the prior approval of the Board of Aldermen. Staff Support. The Town Manager shall be responsible for appointing staff personnel to support the activities of the Planning Board. The Town Manager shall designate those staff members so appointed in writing and shall provide a copy of the designation to the Planning Board Chairman. The Planning Board shall not utilize the services of any staff personnel other than those so designated without the prior approval of the Town Manager. PART VI. BOARD OF ADJUSTMENT SECTION ESTABLISHMENT OF BOARD OF ADJUSTMENT (A) (B) (C) (D) The Board of Adjustment of the Town, herein called Board, is hereby established to fulfill the duties and powers described to it by this Ordinance, other applicable provisions of the Town Code, and by NCGS 160A, Article 19. The Board shall consist of five regular members and three alternate members. All members shall be residents of the Town and shall be appointed by the Board of Aldermen. Members of the Board of Aldermen may be appointed as members of the Board. The alternate members shall assume all rights, privileges, and duties of the regular Board members when serving in the absence of regular Board members. The term of office of members of the Board shall be for three years or until a successor is appointed. In the beginning, two regular members shall be appointed for three years, two regular members shall be appointed for two years, and one regular member shall be appointed for one year. As the terms of office expire, all subsequent members shall be appointed for terms of three years, or until a successor is appointed. The term of office of a member of the Board of Adjustment shall not be reduced except in accordance with applicable North Carolina law. The Board shall adopt rules of procedure for the conduct of its affairs and in keeping with the provisions of this Ordinance. Such rules of procedure shall not be effective until approved by the Board of Aldermen. All meetings held by the Board shall be held in Adopted November 8, 2012 Page 3-7 Article 155.3

42 ARTICLE ADMINISTRATIVE/LEGISLATIVE accordance with NCGS 143A, Article 33B or as may be amended. The Board shall keep minutes of its proceedings suitable for review in court showing: (1) The factual evidence presented to the Board by all parties concerned; (2) The findings of fact and the reasons for the determinations by the Board; and (3) The vote of each member, or if absent or failing to vote, indicating such fact, all of which shall be public record and be filed with the office of the Town Clerk. SECTION POWERS OF THE BOARD OF ADJUSTMENT (A) (B) (C) The Board of Adjustment shall hear and decide appeals from and review any order, requirement, decision, or determination made by a public official or employee charged with the enforcement of this Ordinance. When practical difficulties or unnecessary hardships would result from carrying out the strict letter of this Ordinance, the Board of Adjustment shall have the power, in passing upon appeals, to vary provisions of this Ordinance relating to the use, construction, or alteration of buildings or structures or the use of land, so that the spirit of this Ordinance shall be observed, public safety and welfare secured, and substantial justice done. Provided that no change in permitted uses may be authorized by variance. In granting any variance permitted herein, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance. A variance from the requirements of this Ordinance as permitted herein shall not be granted by the Board of Adjustment unless the Board shall make findings of fact that the following requirements have been met by the applicant and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure: (1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable under the then existing code to other lands, structures, or buildings in the same district; (2) That such special conditions and circumstances do not result from the actions of the applicant; (3) That a literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the then existing code; Adopted November 8, 2012 Page 3-8 Article 155.3

43 ARTICLE ADMINISTRATIVE/LEGISLATIVE (4) That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district under the then existing zoning code. (D) (E) (F) In denying a variance, the Board of Adjustment shall make findings of fact that one or more of the requirements specified hereinabove do not exist. Findings of fact made by the Board of Adjustment under this section shall be based upon only the evidence presented at the hearing at which the variance is considered. In exercising the above-mentioned powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination that in its opinion ought to be made, and to that end shall have the power of the official from whom the appeal is taken. SECTION ORGANIZATION; MEETINGS (A) (B) (C) The Board shall elect one member to serve as Chair and preside over its meetings and shall elect one member to serve as Vice-Chair to fulfill the responsibilities of the Chair when the Chair cannot. The Board shall appoint a clerk, who may be a Town officer or employee, a member of the Board, or such other person who is qualified to fulfill the requirements of the position. The Board may create and fill such offices and committees as it may deem necessary. The term of the Chair and other offices shall be one year with eligibility for reelection. The Chair, or any member temporarily acting as Chair, is authorized to administer oaths to any witnesses in any matter coming before the Board. The Board shall establish a regular meeting schedule and shall meet frequently enough so that it may take action as expeditiously as reasonably possible. All meetings of the Board shall be open to the public, and reasonable notice of the time and place thereof shall be given to the public in accordance with the North Carolina General Statutes. The Board shall keep a record of its meetings, including attendance of its members, the vote of each member on every question, a complete summary of the evidence submitted to it, documents submitted to it, and all official actions. Any member of the Board who misses more than three consecutive regular meetings or more than half the regular meetings in a calendar year shall lose his or her status as a member of the Board and shall be replaced or reappointed by the Board of Aldermen. Absence due to sickness, death, or other emergencies of like nature shall be recognized as excused absences, and shall not affect the member s status on the Board, except that in the event of a long illness or other such cause for prolonged absence, the member shall be replaced. Adopted November 8, 2012 Page 3-9 Article 155.3

44 ARTICLE ADMINISTRATIVE/LEGISLATIVE SECTION QUORUM AND VOTING The concurring vote of four-fifths of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the administrative official charged with the enforcement of an ordinance adopted pursuant to the provisions of this Ordinance, or to decide in favor of the applicant any matter upon which it is required to pass under any ordinance, or to grant a variance from the provisions of this Ordinance. For the purposes of this section, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the Board for calculation of the requisite supermajority if there are no qualified alternates available to take the place of such members. Adopted November 8, 2012 Page 3-10 Article 155.3

45 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES Section Amendment/Rezoning Procedures Procedure Action by Applicant Action by the Planning Board Action by the Board of Aldermen Withdrawal of Application Section Establishment of Vested Rights Purpose Establishment of a Vested Right Approval Procedures Duration Termination Voluntary Annexation Limitations Section Moratorium Temporary Moratorium Ordinance Establishing a Development Moratorium Renewal or Extension of Moratorium Persons Aggrieved by Imposition of Moratorium 4-13 Section Appeals, Variances, and Interpretations Appeals Variances Interpretations Requests to Be Heard Expeditiously Hearing Required on Appeals, Variances, and Interpretations Notice of Hearing Burden of Proof in Appeals and Variances Board of Adjustment Action of Appeals and Variances Evidence/Presentation of Evidence Adopted November 8, 2012 Page 4-1 Article 155.4

46 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES Modification of Application at Hearing Record Written Decision Section Conditional Use Permits Purpose and Applicability Application Process/Completeness Technical Review Procedure/Planning Board Review & Comment Board of Aldermen Action Effect of Approval Binding Effect Certificate of Occupancy Change in Conditional Use Permit Implementation of Conditional Use Permit Section Rehearings Section Appeals of Quasi-Judicial Decisions Adopted November 8, 2012 Page 4-2 Article 155.4

47 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES SECTION AMENDMENT/REZONING PROCEDURES Procedure The Board of Aldermen may amend, supplement, or change the text of this Ordinance and zoning map following review and recommendation of the Planning Board according to the procedures established in this Article Action by Applicant The following action shall be taken by the applicant: (A) Proposed changes or amendments may be initiated by the Board of Aldermen, Planning Board, or by one or more interested parties. (B) An application for any change or amendment shall contain a description and statement of the present and proposed zoning regulation or district boundary to be applied, the names and addresses of the applicant, the owner of the parcel of land involved in the change if different from the applicant, and all adjacent property owners as shown on the New Hanover County tax listing. Twenty copies of such application shall be filed with the UDO Administrator not later than 30 days prior to the Planning Board meeting at which the application is to be considered. (C) When a proposed amendment is initiated by individuals or parties other than the Board of Aldermen or Planning Board, a fee established from time to time by the Board of Aldermen shall be paid to the Town for each application for an amendment to cover the necessary administrative costs and advertising Action by the Planning Board (A) Zoning Map Amendment. In any case where the Planning Board will consider a change in the zoning classification of a parcel of land, notice of the proposed petition or application shall be mailed by first class mail to the owner of the parcel of land involved in the change and all abutting property owners as shown on the New Hanover County tax listing at the addresses listed for such property owners on the New Hanover County tax abstracts, at least ten days and not more than 25 days prior to the Planning Board meeting at which the rezoning is to be considered. When multiple parcels are included in a proposed zoning map amendment, a posting of each individual site is not required, but the Town shall post Adopted November 8, 2012 Page 4-3 Article 155.4

48 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES sufficient notices to provide reasonable notice to interested persons. The UDO Administrator or his or her designee shall certify to the Planning Board that such notices have been made. (B) Zoning Text Amendment. In any case where the Planning Board will consider an amendment to the zoning code text, notice of the amendment to be considered shall be published once in a newspaper having general circulation in the area. The notice shall be published not less than ten days before the date of the Planning Board meeting at which the text amendment will be considered. (C) Planning Board Action on Zoning Map and/or Text Amendments. The Planning Board shall advise and comment on whether the proposed text amendment or map amendment is consistent with the adopted comprehensive plan and any other applicable officially adopted plans. The Planning Board shall provide a written recommendation to the Board of Aldermen that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Board of Aldermen Action by the Board of Aldermen (A) Notice and Public Hearings - Zoning Text Amendment. No amendment shall be adopted by the Board of Aldermen until after public notice and hearing. Notice of such a public hearing shall be published once a week for two successive calendar weeks in a local newspaper of general circulation in the Town. (B) Notice and Public Hearings - Zoning Map Amendment. (1) In any case where the Board of Aldermen will consider a change in the zoning classification of a parcel of land, notice of the proposed petition or application shall be mailed by first class mail to the owner of that parcel of land and all abutting property owners 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. The party applying for the change in zoning classification shall submit the following material with the request for rezoning; the application shall be considered incomplete without such material: (a) A list of names of owners, their addresses and the tax parcel numbers of the property involved in the change and the properties immediately adjacent to the property of the request, including the property owners directly opposite Adopted November 8, 2012 Page 4-4 Article 155.4

49 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES the proposed request but separated by a street right-of-way, as shown on the New Hanover County tax listing. (b) Two sets of plain, letter sized envelopes equal in number to the above list of names shall be furnished by the applicant. Both sets of envelopes are to be unsealed, stamped, and addressed for mailing to the adjacent property owners as shown on the New Hanover County tax listing, and bear the return address of the Town. (2) At least ten but no more than 25 days prior to the date of the meeting at which the Board of Aldermen will consider the request for rezoning, the Town Clerk shall mail a letter of notification in the supplied envelopes containing a description of the request and the time, date and location of the public hearing. Additionally, the site proposed for rezoning or an adjacent public right-of-way shall be posted with a notice of the public hearing not less than ten days prior to the Board of Aldermen meeting at which the rezoning is to be considered. When multiple parcels are included in a proposed zoning map amendment, a posting of each individual site is not required, but the Town shall post sufficient notices to provide reasonable notice to interested persons. The Town Clerk shall certify to the Board of Aldermen that such notices have been made and such certification shall be deemed conclusive in the absence of fraud. (3) The first class mail notice required under subsections (1) and (2) of this section shall not be required if the zoning map amendment directly affects more than 50 properties, owned by a total of at least 50 different property owners, and the town elects to use the expanded published notice. In this instance, the town may elect to either make the mailed notice provided for in this section or may as an alternative elect to publish a notice of the hearing as required by NCGS 160A-364, but provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent New Hanover County property tax listing for the affected property, shall be notified according to the provisions of subsections (1) and (2). (4) Except for a town-initiated zoning map amendment, when an application is filed to request a zoning map amendment and that application is not made by the owner of the parcel of land to which the amendment would apply, the applicant shall certify to the Board of Aldermen that the owner of the parcel of land as shown on the New Adopted November 8, 2012 Page 4-5 Article 155.4

50 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES Hanover County tax listing has received actual notice of the proposed amendment and a copy of the notice of public hearing. The person or persons required to provide notice shall certify to the Board of Aldermen that proper notice has been provided in fact, and such certificate shall be deemed conclusive in the absence of fraud. Notice shall be made in any manner permitted under NCGS 1A-1, Rule 4(j). (B) Recommendations of Planning Board. Before an item is placed on the consent agenda to schedule a public hearing, the Planning Board's recommendation on each proposed zoning amendment must be determined. If no recommendation is received from the Planning Board within 60 days from the date when submitted to the Planning Board, the petitioner may take the proposal to the Board of Aldermen without a recommendation from the Planning Board. The Board of Aldermen, at the close of public hearing, may defer taking lawful action on the proposed amendment until it has sufficient time to consider any new evidence or suggestions presented at the public hearing. No member of the Board of Aldermen shall vote on any zoning map amendment or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial and readily identifiable financial impact on the member. (C) Qualified Protests - Zoning Map Amendment. (1) In case of a protest against a zoning map amendment, that amendment shall not become effective except by favorable vote of three-fourths of all the members of the Board of Aldermen. For the purposes of this ordinance, vacant positions on the Board and members who are excused from voting shall not be considered "members of the Board" for calculation of the requisite supermajority. NOTE: Protest petitions do not apply to text amendments. (2) To qualify as a protest under this subsection, the petition must be signed by the owners of either (i) 20% or more of the area included in the proposed change; or (ii) 5% of a 100-foot-side buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned. A street right-of-way shall not be considered in computing the 100-foot buffer area as long as that street right-ofway is 100 feet wide or less. When less than an entire parcel of land is subject to the proposed zoning map amendment, the 100-foot buffer shall be measured from the property line of that parcel. In the absence of evidence to the contrary, the town may rely on the county tax listing to determine the "owners" of potentially qualifying areas. Adopted November 8, 2012 Page 4-6 Article 155.4

51 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES (3) The foregoing provisions concerning protests shall not be applicable to any amendment which initially zones property added to the territorial coverage of the ordinance as a result of annexation or otherwise, or to an amendment to an adopted (i) special use district, (ii) conditional use district, or (iii) conditional district if the amendment does not change the types of uses that are permitted within the district or increase the approved density for residential development, or increase the total approved size of nonresidential development, or reduce the size of any buffers or screening approved for the special use district, conditional use district, or conditional district. (4) No protest against any change in or amendment to a zoning ordinance or zoning map shall be valid or effective for the purposes of NCGS 160A-385 unless it be in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment, and unless it shall have been received by the Town Clerk in sufficient time to allow the town at least two normal work days, excluding Saturdays, Sundays and legal holidays, before the date established for a public hearing on the proposed change or amendment to determine the sufficiency and accuracy of the petition. All protest petitions shall be on a form prescribed and furnished by the town. Such form shall prescribe any reasonable information deemed necessary to permit the town to determine the sufficiency and accuracy of the petition. A person who has signed a protest petition may withdraw his or her name from the petition at any time prior to the vote on the proposed zoning amendment. Only those protest petitions that meet the qualifying standards set forth in NCGS 160A-385 at the time of the vote on the zoning amendment shall trigger the supermajority voting requirement. (D) Statement of consistency. Prior to adopting or rejecting any zoning text and/or map amendment, the Board of Aldermen shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the Board considers the action taken to be reasonable and in the public interest. This statement is not subject to judicial review Withdrawal of Application An applicant may withdraw his or her application at any time by written notice to the UDO Administrator. Adopted November 8, 2012 Page 4-7 Article 155.4

52 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES SECTION ESTABLISHMENT OF VESTED RIGHTS Purpose The purpose of this section is to implement the provisions of NCGS 160A pursuant to which a statutory vested right is established upon the approval of a site specific development plan Establishment of a Vested Right (A) A vested right shall be deemed established upon the valid approval by the Board of Aldermen of a site specific development plan, following notice and public hearing as provided for by law. (B) The Board of Aldermen may approve a site specific development plan upon the terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. The failure to satisfy any of the terms and conditions so imposed will result in a forfeiture of vested rights. (C) Notwithstanding subsections (A) and (B) above, approval of a site specific development plan with the condition that a variance be obtained shall not confer a vested right unless and until the necessary variance is obtained. (D) A site specific development plan shall be deemed approved upon the effective date of the Board of Aldermen's action relating thereto. (E) The establishment of a vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land-use regulation by the town, including, but not limited to, building, fire, plumbing, electrical and mechanical codes. Otherwise applicable new or amended regulations shall be effective with respect to property that is subject to a site specific development plan upon the expiration or termination of the vested right in accordance with this section. (F) A vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific development plan, all successors to the original landowner shall be entitled to exercise such right while applicable. Adopted November 8, 2012 Page 4-8 Article 155.4

53 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES Approval Procedures (A) Except as otherwise provided in this section, an application for site specific development plan approval shall be processed in accordance with the procedures established by ordinance and shall be considered by the designated approval authority for the specific type of zoning or land-use permit or approval for which application is made. Provided, however, that if such procedures established by ordinance do not provide for notice and a public hearing, in order for the applicant to obtain a vested right, the application must be considered and acted on following notice and a public hearing as provided in NCGS 160A (B) Notwithstanding the provisions of subsection (A) above, if the authority to issue a particular zoning or land-use permit or approval has been delegated by ordinance to a board, committee or administrative official other than the Board of Aldermen, in order to obtain a vested right, the applicant must request in writing at the time of application that the application be considered and acted on by the Board of Aldermen following notice and a public hearing as provided in NCGS 160A-364. (C) In order for a vested right to be established upon approval of a site specific development plan, the applicant must indicate at the time of application, on a form to be provided by the town, that a vested right is being sought. (D) Each map, plat, site plan or other document evidencing a site specific development plan shall contain the following notation: "Approval of this plan establishes a vested right under NCGS 160A Unless terminated at an earlier date, the vested right shall be valid until (date)." (E) Following approval or conditional approval of a site specific development plan, nothing in this section shall exempt the plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that the reviews and approvals are not inconsistent with the original approval. (F) Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or the zoning ordinance. Adopted November 8, 2012 Page 4-9 Article 155.4

54 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES Duration (A) A zoning right that has been vested as provided in this section shall remain vested for a period of two years from the effective date thereof. Notwithstanding the provisions of the preceding sentence, a zoning right may be vested for a period not to exceed five years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, economic cycles, and market conditions. The determination as to whether the five year vesting period rather than the two year vesting period shall apply shall be made at the sole discretion of the Board of Aldermen. This vesting shall not be extended by any amendments or modifications to the site specific development plan. (B) Upon the issuance of a building permit, the expiration provisions of NCGS 160A-418 and the revocation provisions of NCGS 160A-422 shall apply, except that a building permit shall not expire or be revoked because of the running of time while a vested right under this section is outstanding Termination A zoning right that has been vested as provided in this section shall terminate: (A) At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed; (B) With the written consent of the affected land owners; (C) Upon findings by the Board of Aldermen, by ordinance after notice and a public hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan; (D) Upon payment to the affected land owner of compensation for all costs, expenses and other losses incurred by the land owner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal and other consultant's fees incurred after approval by the town, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action; Adopted November 8, 2012 Page 4-10 Article 155.4

55 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES (E) Upon findings by the Board of Aldermen by ordinance after notice and a hearing, that the land owner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the Board of Aldermen of the site specific development plan; or (F) Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site specific development plan, in which case the Board of Aldermen may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and a hearing Voluntary Annexation A petition for annexation filed with the town under NCGS 160A-31 or NCGS 160A-58.1 shall contain a signed statement declaring whether or not any vested right with respect to the properties subject to the petition has been established under NCGS 160A or NCGS 153A A statement that declares that no vested right has been established under NCGS 160A or NCGS 153A , or the failure to sign a statement declaring whether or not a vested right has been established, shall be binding on the land owner and any such vested right shall be terminated Limitations Nothing in this section is intended or shall be deemed to create any vested right other than those established pursuant to NCGS 160A SECTION MORATORIUM Temporary Moratorium The town may adopt temporary moratoria on any town development approval required by law. The duration of any moratorium shall be reasonable in light of the specific conditions that warrant imposition of the moratorium and may not exceed the period of time necessary to correct, modify, or resolve such conditions. Except in cases of imminent and substantial threat to public health or safety, before adopting an ordinance imposing a development moratorium with a duration of 60 days or any shorter period, the governing board shall hold a public hearing and shall publish a notice of the hearing in a newspaper having general circulation in the area not less than seven days before the date set for the hearing. A development moratorium with a duration of 61 days or longer, and any extension of a moratorium so that the total duration is 61 days or longer, is subject to the notice and hearing requirements of NCGS 160A-364. Absent an imminent threat to public health or safety, a development moratorium adopted pursuant to this section shall not apply to any Adopted November 8, 2012 Page 4-11 Article 155.4

56 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES project for which a valid building permit issued pursuant to NCGS 160A-417 is outstanding, to any project for which a conditional use permit application or special use permit application has been accepted, to development set forth in a site-specific or phased development plan approved pursuant to NCGS 160A-385.1, to development for which substantial expenditures have already been made in good faith reliance on a prior valid administrative or quasi-judicial permit or approval, or to preliminary or final subdivision plats that have been accepted for review by the town prior to the call for public hearing to adopt the moratorium. Any preliminary subdivision plat accepted for review by the town prior to the call for public hearing, if subsequently approved, shall be allowed to proceed to final plat approval without being subject to the moratorium Ordinance Establishing a Development Moratorium Any ordinance establishing a development moratorium must expressly include at the time of adoption each of the following: (A) A clear statement of the problems or conditions necessitating the moratorium and what courses of action, alternative to a moratorium, were considered by the town and why those alternative courses of action were not deemed adequate. (B) A clear statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to imposition of the moratorium. (C) An express date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium. (D) A clear statement of the actions, and the schedule for those actions, proposed to be taken by the town during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium Renewal or Extension of Moratorium No moratorium may be subsequently renewed or extended for any additional period unless the town shall have taken all reasonable and feasible steps proposed to be taken by the town in its ordinance establishing the moratorium to address the problems or conditions leading to imposition of the moratorium and unless new facts and conditions warrant an extension. Any ordinance renewing or extending a development moratorium must expressly include, at the time of adoption, Adopted November 8, 2012 Page 4-12 Article 155.4

57 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES the findings set forth in subsections (A) through (D) of Section , including what new facts or conditions warrant the extension Persons Aggrieved by Imposition of Moratorium Any person aggrieved by the imposition of a moratorium on development approvals required by law may apply to the appropriate division of the General Court of Justice for an order enjoining the enforcement of the moratorium, and the court shall have jurisdiction to issue that order. Actions brought pursuant to this section shall be set down for immediate hearing, and subsequent proceedings in those actions shall be accorded priority by the trial and appellate courts. In any such action, the town shall have the burden of showing compliance with the procedural requirements of this section. SECTION APPEALS, VARIANCES, AND INTERPRETATIONS Appeals (A) An appeal from any final order or decision concerning the interpretation or administration of this article by the UDO Administrator may be taken to the Board of Adjustment by any aggrieved person or by any officer, department, board, or commission of the Town. An appeal is taken by filing with the UDO Administrator and the Board of Adjustment a written notice of appeal specifying the grounds therefor. A notice of appeal shall be considered filed with the UDO Administrator and the Board of Adjustment when delivered to the planning department, and the date and time of filing shall be entered on the notice by the planning staff. (B) An appeal must be taken within thirty (30) days after the date of the decision or order appealed from. (C) Whenever an appeal is filed, the UDO Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record relating to the action appealed from. (D) An appeal stays all proceedings in furtherance of the action appealed from unless the public official or employee from whom the appeal is taken certifies to the Board of Adjustment after notice of appeal has been filed that in his or her opinion and because of facts stated in the application or otherwise, a stay would cause immediate peril to life or property. In that case, proceedings shall not be stayed except by restraining order which may be granted by the Board or by a court of record on application and notice to the public official or employee from whom the appeal was taken and on due cause shown. Adopted November 8, 2012 Page 4-13 Article 155.4

58 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES (E) The Board of Adjustment may reverse or affirm (wholly or partly) or may modify the order, requirement, decision, or determination appealed from and shall make any order, requirement, decision, or determination that in its opinion ought to be made in the case before it. To this end, the board shall have all the powers of the officer from whom the appeal is taken Variances (A) An application for a variance shall be submitted to the Board of Adjustment by filing a copy of the application with the UDO Administrator. Applications shall be handled in the same manner as applications for permits. (B) A variance may be granted by the Board of Adjustment if it concludes that, by granting the variance, the following findings are supported by the Board of Adjustment decision: (1) that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Ordinance; (2) that the variance is in harmony with the general purpose and intent of the Ordinance and preserves its spirit; and (3) that in the granting of the variance, the public safety and welfare have been assured and substantial justice has been done. It may reach these conclusions if it finds that: (1) If the applicant complies strictly with the provisions of the Ordinance, he/she can make no reasonable use of his property; (2) The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public; (3) The hardship relates to the applicant s land, rather than personal circumstances; (4) The hardship is unique, or nearly so, rather than one shared by many surrounding properties; (5) The hardship is not the result of the applicant s own actions; and (6) The variance will neither result in the extension of a nonconforming situation in violation of Article nor authorize the initiation of a nonconforming use of land. (C) In granting variances, the Board of Adjustment may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties. Adopted November 8, 2012 Page 4-14 Article 155.4

59 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES (D) The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this Ordinance Interpretations (A) The Board of Adjustment is authorized to interpret the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the UDO Administrator, they shall be handled as provided in Section (B) An application for a map interpretation shall be submitted to the Board of Adjustment by filing a standard Town of Wrightsville Beach appeal form with UDO Administrator. The application shall contain sufficient information to enable the board to make the necessary interpretation. (C) Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the rules of interpretation as specified in Section shall be applied. Where uncertainties continue to exist after application of the above rules, appeal may be taken to the Board of Adjustment as provided in Section of this Ordinance. (D) Interpretations of the location of floodway and floodplain boundary lines may be made by the UDO Administrator as provided in Article , Part Requests to be Heard Expeditiously As provided in Article 155.3, the Board of Adjustment shall hear and decide all appeals, variance requests, and requests for interpretations, including map boundaries, as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with Section , and obtain the necessary information to make sound decisions Hearing Required on Appeals, Variances and Interpretations (A) Before making a decision on an appeal or an application for a variance or interpretation, the Board of Adjustment shall hold a hearing on the appeal or application within sixty (60) days of the submittal of a completed appeal or application. Adopted November 8, 2012 Page 4-15 Article 155.4

60 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES (B) Subject to subsection (C), the hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments. All persons presenting evidence or arguments shall be sworn in by the Chairman prior to the presentation of any evidence or arguments. (C) The Board of Adjustment may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross-examination of witnesses so that the matter at issue may be heard and decided without undue delay. (D) The Board of Adjustment may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six weeks or more elapses between hearing dates. (E) The required application fee and all supporting materials must be received by the UDO Administrator before an application is considered complete and a hearing scheduled Notice of Hearing The UDO Administrator shall give notice of any hearing required by Section as follows: (A) Notice shall be given to the appellant or applicant and any other person who makes a written request for such notice by mailing to such persons a written notice not later than 10 days before the hearing. (B) Notice shall be given to affected property owners by mailing a written notice not later than 10 days before the hearing to those persons who have listed for taxation real property any portion of which is located within 150 feet of the lot that is the subject of the application or appeal. (C) The notice required by this section shall state the date, time, and place of the hearing, reasonably identify the lot that is the subject of the application or appeal, and give a brief description of the action requested or proposed Burden of Proof in Appeals and Variances (A) When an appeal is taken to the Board of Adjustment in accordance with Section , the UDO Administrator shall have the initial burden of presenting to the board sufficient evidence and argument to justify the order or decision appealed from. The burden of Adopted November 8, 2012 Page 4-16 Article 155.4

61 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion. (B) The burden of presenting evidence sufficient to allow the Board of Adjustment to reach the conclusions set forth in Section (B), as well as the burden of persuasion on those issues, remains with the applicant seeking the variance Board of Adjustment Action on Appeals and Variances (A) Appeals. A motion to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include a statement of the specific reasons or findings of facts that support the motion. If a motion to reverse or modify is not made or fails to receive the four-fifths vote necessary for adoption (see Section ), then a motion to uphold the decision appealed from shall be in order. This motion will be adopted as the board s decision if supported by more than one-fifth of the board s membership (excluding vacant seats). (B) Variance. The board must take a separate vote and vote affirmatively (by a four-fifths majority-see Section ) on each of the six required findings stated in Section (B). Insofar as practicable, a motion to make an affirmative finding on each of the requirements set forth in Section (B) shall include a statement of the specific reasons or findings of fact supporting such motion. (C) A motion to deny a variance may be made on the basis that any one or more of the six criteria set forth in Section (B) are not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it. This motion is adopted as the board s decision if supported by more than one-fifth of the board s membership (excluding vacant seats) Evidence/Presentation of Evidence (A) The provisions of this section apply to all hearings for which a notice is required by Section (B) All persons who intend to present evidence to the Board of Adjustment shall be sworn in by the Chairman. Adopted November 8, 2012 Page 4-17 Article 155.4

62 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES (C) All findings and conclusions necessary to the issuance or denial of the requested permit or appeal (necessary findings) shall be based upon competent, material, and substantial evidence. (D) The entirety of a quasi-judicial hearing and deliberation shall be conducted in open session. (E) Parties to a quasi-judicial hearing have a right to cross-examine witnesses. (F) Factual findings must not be based on hearsay evidence which would be inadmissible in a court of law. (G) If a Board of Adjustment member has prior or specialized knowledge about a case, that knowledge should be disclosed to the rest of the Board and parties at the beginning of the hearing. (H) The Board of Adjustment, in conducting the hearing, has the authority to issue subpoenas to compel testimony or the production of evidence deemed necessary to determine the matter Modification of Application at Hearing (A) In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the Board of Adjustment, the applicant may agree to modify his application, including the plans and specifications submitted. (B) Unless such modifications are so substantial or extensive that the Board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the Board may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the planning staff Record (A) Accurate written minutes shall be kept of all such proceedings. (B) Whenever practicable, all documentary evidence, including any exhibits, presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the Town for at least two years. Adopted November 8, 2012 Page 4-18 Article 155.4

63 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES Written Decision (A) Any decision made by the Board of Adjustment regarding an appeal, variance, or interpretation shall be reduced to writing and served upon the applicant or appellant and all other persons who make a written request for a copy. (B) In addition to a statement of the Board s ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the Board s findings and conclusion, as well as supporting reasons or facts, whenever this Ordinance requires the same as a prerequisite to taking action. SECTION CONDITIONAL USE PERMITS Purpose and Applicability This Ordinance provides for a number of uses to be located by right in each general zoning district subject to the use meeting certain area, height, yard, and off-street parking and loading requirements. In addition to these uses, this Ordinance allows some uses to be allowed in these districts as a conditional use subject to issuance of a conditional use permit by the Board of Aldermen upon recommendation of the Planning Board. The purpose of having the uses being conditional is to ensure that they would be compatible with surrounding development and in keeping with the purposes of the general zoning district in which they are located and would meet other criteria as set forth in this section. All conditional use permits require some form of a site plan as outlined in Section Application Process/Completeness (A) The deadline for which a conditional use permit application shall be filed with the UDO Administrator is the first business day of the month in the month prior to the meeting at which the application will be heard. Permit application forms shall be provided by the UDO Administrator. In the course of evaluating the proposed conditional use, the Planning Board or Board of Aldermen may request additional information from the applicant. A request for any additional information may stay any further consideration of the application by the Planning Board or Board of Aldermen. (B) No application shall be deemed complete unless it contains or is accompanied by a site plan drawn to scale which complies with the requirements contained in Section and a fee, in accordance with a fee schedule approved by the Board of Aldermen for the submittal of conditional use permit applications. Adopted November 8, 2012 Page 4-19 Article 155.4

64 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES (C) One (1) hard copy and one (1) digital copy of an application, and all attachments and maps, for a conditional use permit shall be submitted to the UDO Administrator Technical Review Procedure/Planning Board Review and Comment (A) All applications for a conditional use permit, including required site plans, shall follow the technical review procedure (Article 155.3, Part II) before being submitted to the Planning Board for review and comment. The UDO Administrator shall forward any comments received during the technical review process to the Planning Board. (B) The Planning Board may, in its review, suggest reasonable conditions to the location, nature, and extent of the proposed use and its relationship to surrounding properties, parking areas, driveways, pedestrian and vehicular circulation systems, screening and landscaping, timing of development, and any other conditions the Board may find appropriate. The conditions may include dedication of any rights-of-way or easements for streets, water, sewer, or other public utilities necessary to serve the proposed development. (C) The Planning Board shall forward its recommendation to the Board of Aldermen within 45 days of reviewing the application. If a recommendation is not made within 45 days, the application shall be forwarded to the Board of Aldermen without a recommendation from the Planning Board. (D) All comments prepared by the Planning Board shall be submitted by the UDO Administrator. This representative of the Planning Board shall be subject to the same scrutiny as other witnesses. Review of the conditional use application by the Planning Board shall not be a quasi-judicial procedure. The Planning Board shall include in its comments a statement as to the consistency of the application with the Town s currently adopted Comprehensive Plan. Comments of the Planning Board shall be considered with other evidence submitted at the public hearing Board of Aldermen Action (A) Conditional use permits are quasi-judicial decisions approved by a simple majority vote of the Board of Aldermen. Quasi-judicial decisions must be conducted in accordance with Sections through For the purposes of this section, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the Board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members. Adopted November 8, 2012 Page 4-20 Article 155.4

65 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES (B) Once the comments of the Planning Board have been made, or the 45-day period elapses without a recommendation, the Board of Aldermen shall hold a public hearing to consider the application at its next regularly scheduled meeting. A quorum of the Board of Aldermen is required for this hearing. Notice of the public hearing shall be as specified in Section In addition, notice shall be given to other potentially interested persons by publishing a notice one time in a newspaper having general circulation in the area not less than ten nor more than twenty-five days prior to the hearing. (C) In approving an application for a conditional use permit in accordance with the principles, conditions, safeguards, and procedures specified herein, the Board of Aldermen may impose reasonable and appropriate conditions and safeguards upon the approval. The petitioner will have a reasonable opportunity to consider and respond to any additional requirements prior to approval or denial by the Board of Aldermen. In no instance shall any of these conditions be less restrictive than any requirements which would pertain to that particular development found elsewhere in a similar zoning district. (D) The applicant has the burden of producing competent, material and substantial evidence tending to establish the facts and conditions which subsection (E) below requires. (E) The Board of Aldermen shall issue a conditional use permit if it has evaluated an application through a quasi-judicial process and determined that: (1) The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare. (2) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor diminish or impair property values within the neighborhood. (3) The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. (4) The exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood. Adopted November 8, 2012 Page 4-21 Article 155.4

66 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES (5) Adequate utilities, access roads, drainage, parking, or necessary facilities have been or are being provided. (6) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. (7) The conditional use shall, in all other respects, conform to all the applicable regulations of the district in which it is located. (8) Public access shall be provided in accordance with the recommendations of the Town s land use plan and access plan or the present amount of public access and public parking as exists within the Town now. If any recommendations are found to conflict, the system requiring the greatest quantity and quality of public access, including parking, shall govern. (9) The proposed use shall be consistent with recommendations and policy statements as described in the adopted land use plan. (F) Conditions and Guarantees. Prior to the granting of any conditional use, the Planning Board may recommend, and the Board of Aldermen may require, conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified above. In all cases in which conditional uses are granted, the Board of Aldermen shall require evidence and guarantees as it may deem necessary as proof that the conditions required in connection therewith are being and will be complied with Effect of Approval If an application for a conditional use permit is approved by the Board of Aldermen, the owner of the property shall have the ability to develop the use in accordance with the stipulations contained in the conditional use permit, or develop any other use listed as a permitted use for the general zoning district in which it is located Binding Effect Any conditional use permit so authorized shall be binding to the property included in the permit unless subsequently changed or amended by the Board of Aldermen. Adopted November 8, 2012 Page 4-22 Article 155.4

67 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES Certificate of Occupancy No certificate of occupancy for a use listed as a conditional use shall be issued for any building or land use on a piece of property which has received a conditional use permit for the particular use unless the building is constructed or used, or the land is developed or used, in conformity with the conditional use permit approved by the Board of Aldermen. In the event that only a segment of a proposed development has been approved, the certificate of occupancy shall be issued only for that portion of the development constructed or used as approved Change in Conditional Use Permit An application to materially change a conditional use permit once it has been issued must first be submitted, reviewed, and approved in accordance with Sections and , including payment of a fee in accordance with the fee schedule approved by the Board of Aldermen Implementation of Conditional Use Permit A conditional use permit, after approval by the Board of Aldermen shall expire six months after the approval date if work has not commenced or in the case of a change of occupancy the business has not opened; however, it may be, on request, continued in effect for a period not to exceed six months by the UDO Administrator. No further extension shall be added except on approval of the Board of Aldermen. If such use or business is discontinued for a period of 12 months, the conditional use permit shall expire. Any expiration as noted or any violation of the conditions stated on the permit shall be considered unlawful and the applicant will be required to submit a new conditional use application to the appropriate agencies for consideration and the previously approved conditional use permit shall become null and void. SECTION REHEARINGS When an application involving a quasi-judicial procedure/petition is denied by the Board of Aldermen or Board of Adjustment, reapplication involving the same property, or portions of the same property, may not be submitted unless the petitioner can demonstrate a substantial change in the proposed use, conditions governing the use of the property, or conditions surrounding the property itself. Adopted November 8, 2012 Page 4-23 Article 155.4

68 ARTICLE LEGISLATIVE/QUASI-JUDICIAL PROCEDURES SECTION APPEALS OF QUASI-JUDICIAL DECISIONS Any person or persons, jointly or severally, aggrieved by any quasi-judicial decision of the Board of Aldermen or Board of Adjustment, any taxpayer, or any officer, department, board or bureau of the jurisdiction of this Ordinance may, within thirty (30) days after the filing of the decision in the office of said Board, but not thereafter, present to a court of competent jurisdiction a petition duly verified setting forth that such decision is illegal, in whole or in part, specifying the ground of illegality, whereupon such decision of said Board shall be subject to review by certiorari as provided by law. Adopted November 8, 2012 Page 4-24 Article 155.4

69 ARTICLE SITE PLAN DEVELOPMENT REVIEW PROCESS ARTICLE DEVELOPMENT REVIEW PROCESS Section Purpose and Applicability Section Site Plan Procedures Engineering Drawing Review and Approval Procedures Minor Site Plans Major Site Plans Section Site Plan Requirements Information to be Shown on Site Plan Performance Standards Section Administrative Approval Administrative Approval Flowchart Application for Review Planning Staff & Technical Review Procedure Permit Issued or Final Plat Approved Zoning Inspections & Certificates of Occupancy. 5-8 Section Planning Board Review and Board of Aldermen Approval Planning Board Review and Board of Aldermen Approval Flowchart Application for Review Planning Staff and Technical Review Procedure Review and Recommendation by the Planning Board Consideration by the Board of Aldermen Permit Issued Zoning Inspections & Certificates of Occupancy Adopted November 8, 2012 Page 5-1 Article 155.5

70 ARTICLE SITE PLAN DEVELOPMENT REVIEW PROCESS SECTION PURPOSE AND APPLICABILITY The purpose of this Article is to establish an orderly process to develop land within the Town of Wrightsville Beach. It is also the intent of this Article to provide a clear and comprehensible development process that is fair and equitable to all interests including the petitioners, affected neighbors, town staff, related agencies, the Planning Board, the Board of Aldermen, and the Board of Adjustment. Approved plans shall be the guiding documents for final approval and permitting. The development review procedures outlined throughout this Article apply to projects requiring a Minor Site Plan or Major Site Plan. Projects requiring Subdivision Preliminary/Final Plat approval should follow the requirements provided in Article SECTION SITE PLAN PROCEDURES Engineering Drawing Review and Approval Procedures (A) (B) Applicability and Process. Minor Site Plans and Major Site Plans shall be submitted in accordance with this section except where specifically noted. All site plans shall be engineered drawings prepared by a civil engineer, registered land surveyor, or architect and drawn to a scale of not less than one inch equals 30 feet. Upon determination by the UDO Administrator or their designee that an application is complete, the engineering drawings shall follow the approval process outlined in Section Engineering drawings shall constitute the complete submittal requirements for Minor Site Plans prior to the issuance of a Zoning Permit. Submittal Requirements. Engineering drawings shall be drawn to the specifications in Section The types of plans to be included in a set of Engineering Drawings are as follows: Site Plan (Existing and Proposed) Existing Conditions Grading Plan Sedimentation and Erosion Control Plan Landscaping Plan Lighting Plan Street Details Infrastructure Details Adopted November 8, 2012 Page 5-2 Article 155.5

71 ARTICLE SITE PLAN DEVELOPMENT REVIEW PROCESS Minor Site Plans Projects requiring minor site plan approval: Single-family dwellings; Two-family (duplex) dwellings; Nonresidential development under 1,000 square feet of aggregate building footprint area. Minor Site Plans follow the Administrative Approval process (see Section ). Minor Site Plans shall be submitted as part of a full set of engineering drawings. For single-family and two-family (duplex) dwellings, the floor area ratio shall be provided. Engineering drawing approval is required prior to the issuance of a Zoning Permit. For Minor Site Plans, an as-built survey, a piling survey, and as-built construction drawing(s) shall be submitted to the UDO Administrator by the developer upon completion of the building foundation to ensure that setbacks and building orientation match the approved site plan. If the survey shows that the placement of the building is incorrect, then the UDO Administrator shall issue a stop-work order and all construction shall be halted until the problem is remedied Major Site Plans Projects requiring major site plan approval: Mixed use commercial-residential development; Nonresidential developments greater than 1,000 square feet; Residential dwellings containing three or more units; Development parcels which include areas of environmental concern as defined by 15A NCAC 7H. Major Site Plans follow the Planning Board/Board of Aldermen approval process (see Section ). The Major Site Plan shall be reviewed by the UDO Administrator using the Technical Review Procedure for completeness, compliance with this Ordinance, and soundness of design. The plan shall then be reviewed by the Planning Board for preparation of a recommendation to the Board of Aldermen and, subsequent approval by the Board of Aldermen. Major Site Plan approval is required prior to the issuance of a Zoning Permit. For Major Sites Plans, an as-built survey, a piling survey, and as-built construction drawing(s) shall be submitted to the UDO Administrator by the developer upon completion of the building foundation to ensure that setbacks and building orientation match the approved site plan. If the survey shows that the placement of the building is incorrect, then the UDO Administrator shall issue a stop-work Adopted November 8, 2012 Page 5-3 Article 155.5

72 ARTICLE SITE PLAN DEVELOPMENT REVIEW PROCESS order and all construction shall be halted until the nonconformity is corrected or a variance is obtained as provided in subsection SECTION SITE PLAN REQUIREMENTS Information to be Shown on Site Plan (A) (B) The site plan shall be prepared by a professional engineer, registered land surveyor, or architect and shall be drawn to scale of not less than one inch equals 30 feet. The site plan shall be based on the latest tax map information and shall be of a size as required by each individual site plan. The site plan shall contain the following information: (1) A key map of the site with reference to surrounding areas and existing street locations. (2) The name and address of the owner and site plan applicant, together with the names of the owners of all contiguous land and of property directly across the street as shown by the most recent tax records. (3) Lot line dimensions. (4) Location of all structures, streets, entrances, and exits on the site and on contiguous property directly across the street. (5) Location of all existing and proposed structures, including their outside dimensions and elevations. (6) Building setback, side line, and rear yard distances. (7) Location of flood zones. (8) All existing physical features, including water courses, dunes, existing trees greater than one inch in diameter measured six feet above ground level, and significant soil conditions. (9) Topography showing existing and proposed contours at two-foot intervals. All reference benchmarks shall be clearly designated. Adopted November 8, 2012 Page 5-4 Article 155.5

73 ARTICLE SITE PLAN DEVELOPMENT REVIEW PROCESS (10) Parking, loading, and unloading areas shall be indicated with dimensions, traffic patterns, access aisles, and curb radii per the requirements of Article 155.9, Part I. (11) Improvements such as roads, curbs, bumpers, and sidewalks shall be indicated with cross-sections, design details, and dimensions. (12) Location and design of existing and proposed stormwater systems, sanitary waste disposal systems, water mains and appurtenances, and method of refuse disposal and storage. (13) Landscaping and buffering plan showing what will remain and what will be planted, indicating names of plants, trees, and dimensions, approximate time of planting, and maintenance plans per the requirements of Article 155.9, Part IV. (14) Lighting plan indicating type of standards, location, radius of light, and intensity in foot candles per the requirements of Article 155.9, Part III. (15) Location, dimensions, and details of signs per the requirements of Article (16) North arrow. (17) Public access shall be provided in accordance with the recommendations of the town s land use plan and access plan or the present amount of public access and public parking as exists within the town now. If any recommendations are found to conflict, the system requiring the greatest quantity and quality of public access, including parking, shall govern. (18) Location of all 404 wetland areas, areas of environmental concern as defined by 15A NCAC 7H, and shoreline development boundaries. (19) A rendering or drawing of the proposed building shall be provided which shows all sides of the structure Performance Standards In reviewing any site plan, the Planning Board and the Board of Aldermen shall consider: (A) Pedestrian and vehicular traffic movement within and adjacent to the site with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods, and vehicles from access roads, within the site, between Adopted November 8, 2012 Page 5-5 Article 155.5

74 ARTICLE SITE PLAN DEVELOPMENT REVIEW PROCESS buildings, and between buildings and vehicles. The Board shall ensure that all parking spaces comply with Article 155.9, Part I. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site. (B) (C) (D) (E) (F) (G) (H) The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact of surrounding development, and contiguous and adjacent buildings and lands. Adequate lighting, based upon the standards set forth in Article 155.9, Part III, shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be a type approved by the Planning Board. Buffering shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles, and to shield activities from adjacent properties in accordance with Article 155.9, Part IV. Landscaping shall be provided as part of the overall site design and integrated into building arrangements, topography, parking, and buffering requirements in accordance with Article 155.9, Part IV. Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site, and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians (refer to Article ). Storm drainage, sanitary waste disposal, water supply, and garbage disposal shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing systems, and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage, and to maintain an adequate supply of water at sufficient pressure. Environmental elements relating to soil erosion, preservation of trees, protection of water courses, and resources, noise, topography, soil, and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements. Particular reference shall be made to areas of environmental concern as designated by the Coastal Area Management Act and the Coastal Resources Commission. Adopted November 8, 2012 Page 5-6 Article 155.5

75 ARTICLE SITE PLAN DEVELOPMENT REVIEW PROCESS SECTION ADMINISTRATIVE APPROVAL Administrative approval shall include: Minor Site Plans Administrative Approval Flowchart Preapplication Meeting (Suggested) Applicant Formal Submittal Planning Staff Review, including Technical Review Procedure Administrative Approval - Permit Issued by UDO Administrator Final Zoning Inspection for Certificate of Occupancy NOTE: A certificate of occupancy shall not be issued until an as-built survey outlining all completed site improvements has been submitted to the UDO Administrator Application for Review An applicant desiring to obtain site plan approval shall file with the UDO Administrator two (2) copies of the site plan, together with a completed application form and the required fee as set forth in Section Planning Staff and Technical Review Procedure The UDO Administrator or his/her designee will review the site plan and may require the Technical Review Procedure as specified in Article 155.3, Part II. The plan will be reviewed for compliance with this Ordinance and all related plans and policies Permit Issued or Final Plat Approved If the plan, engineering drawings, or final plat is found to meet all of the applicable regulations of this Ordinance, then the UDO Administrator shall issue a zoning permit for site plans. Adopted November 8, 2012 Page 5-7 Article 155.5

76 ARTICLE SITE PLAN DEVELOPMENT REVIEW PROCESS Zoning Inspections and Certificates of Occupancy Prior to the issuance of a Certificate of Occupancy by the Building Inspections department, the UDO Administrator or his designee shall conduct a final zoning inspection to ensure that the approved plan has been followed and all required improvements have been installed to town standards. Prior to the final zoning inspection, an as-built survey must be submitted to the UDO Administrator. The as-built survey shall be drafted and scaled by a surveyor registered in the State of North Carolina and should show the location of all site improvements. SECTION PLANNING BOARD REVIEW AND BOARD OF ALDERMEN APPROVAL Planning Board review and Board of Aldermen approval applies to the following: Major Site Plans Planning Board Review and Board of Aldermen Approval Flowchart Applicant Formal Submittal Planning Staff Review, including Technical Review Procedure Planning Board Review and Recommendation to the Board of Aldermen Board of Aldermen Consideration, including Quasi-Judicial Public Hearing for Conditional Use Permits NOTE: For conditional use permit public hearings, Planning Board recommendations shall be submitted as evidence at the public hearing as specified in subsection Application for Review An applicant desiring to obtain site plan approval shall file with the UDO Administrator 18 copies of the site plan, together with a completed application form and the required fee as set forth in Section The materials as required herein shall be filed not less than 30 days prior to the regular Planning Board meeting at which the application will be considered. Adopted November 8, 2012 Page 5-8 Article 155.5

77 ARTICLE SITE PLAN DEVELOPMENT REVIEW PROCESS Planning Staff and Technical Review Procedure (A) (B) The UDO Administrator or his/her designee will review the site plan and may require the Technical Review Procedure as specified in Article 155.3, Part II. The plan will be reviewed for compliance with this Ordinance and all related plans and policies. The UDO Administrator shall submit all recommendations and comments resulting from the Technical Review Procedure at least five days prior to the Planning Board meeting at which the site plan is to be considered. Failure to submit a written recommendation and comment shall be deemed as a favorable review of the site plan Review and Recommendation by the Planning Board (A) (B) At the next regular meeting of the Planning Board following receipt of the materials specified in subsection , the Planning Board shall review and provide a recommendation on the site plan. The Planning Board shall have up to 45 days from the date of referral by the UDO Administrator to recommend approval, approval with conditions, or denial of the request to the Board of Aldermen Consideration by the Board of Aldermen (A) (B) (C) Upon receipt of a recommendation from the Planning Board, the Board of Aldermen shall consider the application. For conditional use permits and vested rights requests, quasijudicial evidentiary public hearings shall be held. Notice of public hearings shall be given as specified in subsection Following public hearing (where appropriate), the Board of Aldermen shall approve, approve with conditions, or deny the request. Alternatively, the Board of Aldermen may suspend the review period and request additional information of the applicant, other governmental agencies, or interested/affected parties in order to aid in the review of the request or deferral of its consideration. Following denial by the Board of Aldermen, the applicant may file a new application and associated fee. Unless the Board of Aldermen explicitly states conditions that must be met prior to the resubmission of an application, the applicant shall not submit a new application for the same property within one (1) year of the date of denial by the Board of Aldermen unless the application is significantly different from the previously denied application. All applications shall be resubmitted for full review unless the application is resubmitted to address conditions set forth by the Board of Aldermen for reapplication. Adopted November 8, 2012 Page 5-9 Article 155.5

78 ARTICLE SITE PLAN DEVELOPMENT REVIEW PROCESS Permit Issued If the plan is found to meet all of the applicable regulations of this Ordinance, then the Board of Aldermen shall approve issuance of a zoning permit for the project Zoning Inspections and Certificates of Occupancy Prior to the issuance of a Certificate of Occupancy by the UDO Administrator, the UDO Administrator or his designee shall conduct a final zoning inspection to ensure that the approved plan has been followed and all required improvements have been installed to town standards. Adopted November 8, 2012 Page 5-10 Article 155.5

79 ARTICLE ZONING DISTRICTS ARTICLE ZONING DISTRICTS Section Purpose Statement Section Interpretation Section Primary Zoning Districts Section Table of Permitted Uses Section Zoning District Development Standards R-1 Residential District R-2 Residential District C-1 Commercial District I C-2 Commercial District II C-3 Commercial District III C-4 Commercial District IV C-5 Commercial District V G-1 Public and Semipublic District PC Private Club District P-1 Conservation Zone S-1 Shore Zone Adopted November 8, 2012 Page 6-1 Article 155.6

80 ARTICLE ZONING DISTRICTS SECTION PURPOSE STATEMENT In accordance with the requirement of NCGS 160A-382 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. SECTION INTERPRETATION Zoning districts have uses specified as permitted by right, uses permitted with supplemental regulations, and conditional uses. Detailed use tables are provided in Section 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 Conditional Uses: Planning Board review and recommendation, Board of Aldermen review and approval of Conditional Use Permit subject to district provisions, other applicable requirements, and conditions of approval. Some Conditional Uses may also be subject to supplemental regulations outlined in Article SECTION PRIMARY ZONING DISTRICTS For the purposes of this Ordinance, the Town of Wrightsville Beach, North Carolina is hereby divided into the following primary zoning districts: Adopted November 8, 2012 Page 6-2 Article 155.6

81 ARTICLE ZONING DISTRICTS (A) (B) (C) (D) (E) (F) (G) 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. 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. Private Club District. The PC district is established to accommodate private clubs. 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. 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. 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. 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. Adopted November 8, 2012 Page 6-3 Article 155.6

82 ARTICLE ZONING DISTRICTS (J) (K) 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 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/conditional uses in the above listed zoning districts, see Section 6.4. SECTION TABLE OF PERMITTED/CONDITIONAL USES P - Permitted Use C - Conditional Use PS - Permitted Use with Supplemental Regulations CS - Conditional Use with Supplemental Regulations Primary Zoning Districts Uses R1 R2 C1 C2 C3 C4 C5 G1 PC P1 S1* ABC package and retail P P P C Supplemental Regulations Accessory buildings PS PS PS PS PS PS PS PS PS Accessory structures PS PS PS PS PS PS PS PS PS Accessory uses P P P P P P P P P Accounting agencies P P P P Activities operated exclusively for pleasure, recreation, social, athletic, educational, research or research-related purposes by a private business entity PS Adult care home PS Antique and gift shop P P P P Art supply and retail P P P P Assembly halls, gymnasiums and other similar structures Assisted living residence P Attorney s offices P P P P Automatic teller machines P P P P PS *Refer to Section Adopted November 8, 2012 Page 6-4 Article 155.6

83 ARTICLE ZONING DISTRICTS Primary Zoning Districts Uses R1 R2 C1 C2 C3 C4 C5 G1 PC P1 S1* Automobile parking operated in conjunction with permitted uses P Supplemental Regulations Auto service station CS C Bakery P P P P Barber and beauty shop P P P P Boat sales/service C P Book and stationary store P P P P Car wash PS Child care center PS Chiropractic office P P P P Churches C C C C C Clothing store P P P P Coffee shop, no food prepared on site Coffee shop, with outside seating C C C C PS PS PS PS Commercial marina CS Commercial parking lot not associated with another use Commercial piers as permitted in Section C C C C Computer sales and repair P P P P Convenience stores Dairy bar/ice cream manufactured for retail sale on the premises C P P P Department/variety store P P P Detached garages CS CS Drug store P P P P Dry cleaning pick up stations P P P C Dry cleaning pick up in shopping center Dry dock/boat works/marine railways Exercise and physical fitness centers P CS P P P P P *Refer to Section Adopted November 8, 2012 Page 6-5 Article 155.6

84 ARTICLE ZONING DISTRICTS Primary Zoning Districts Uses R1 R2 C1 C2 C3 C4 C5 G1 PC P1 S1* Supplemental Regulations Family care home PS PS Family child care home C Fences and walls PS PS PS PS PS PS PS PS PS Finance/loan company Financial institutions/banks PS PS PS PS Floating homes CS , Florist, retail P P P P Food store, retail; grocery, delicatessen, meat and fish, but excluding the killing and dressing of flesh or fowl Food store, specialty in shopping center Furniture store Government buildings P C C C C Grocery C C C C Grounds/facility for open air games and sports (nonprofit) C C P Health club P P Home appliance dealers Home occupation PS PS PS PS PS PS Hotel/motel C C C Ice cream sales, not mobile P P P P Insurance office P P P P Jewelry and watch sales P P P P Launderette service, where individual family-sized laundry equipment is rented for use by the customer Launderette service in shopping center P P C Laundry pick up P P P C Libraries, museums, and art galleries P P P P P P *Refer to Section Adopted November 8, 2012 Page 6-6 Article 155.6

85 ARTICLE ZONING DISTRICTS Primary Zoning Districts Uses R1 R2 C1 C2 C3 C4 C5 G1 PC P1 S1* Supplemental Regulations Light construction/marina CS Marina/boatominium CS Meeting and events center Meeting rooms Mixed use commercial-residential CS CS CS Multi-unit assisted housing with services C C PS Nursing home CS Ocean-related business activities PS Office, house, barracks, storage shed, pier, boat house or ramp, garage, or any and all other types of buildings or houses or usages which shall be needed or necessary in the performance or discharge of the governmental activity for which the area is used. Offices, professional businesses or public agencies P P P P Open air market C C C C Opticians P P P P Police, fire, rescue, civil defense station C C P P P P P Private club CS Public buildings C P Public utility distribution lines, transformer stations, water tanks and towers, telephone exchange, but no service or storage yards C C P P P C P Real estate offices P P P P Residence, single-family PS PS Residence, duplex PS Residence, multi-family CS Residential child-care facility CS Restaurant, carry-out C C P *Refer to Section Adopted November 8, 2012 Page 6-7 Article 155.6

86 ARTICLE ZONING DISTRICTS Primary Zoning Districts Uses R1 R2 C1 C2 C3 C4 C5 G1 PC P1 S1* Restaurant, fast-food C C Restaurant, standard C C C C C Retail stores similar to those otherwise named on the list School, public P P P P P Supplemental Regulations Seafood process, wholesale CS Shopping center CS C Sporting goods P P P P Taxicab stands P P Telecommunication towers CS CS CS CS Temporary storage containers PS PS PS PS PS PS PS PS PS Theaters housed in a permanent indoor structure C Therapeutic foster home PS Tourist or guest homes, including bed and breakfast C C C C Travel agencies P P P P Vessel for hire Veterinarian clinics, no outside kennels or animal use areas C C C *Refer to Section Adopted November 8, 2012 Page 6-8 Article 155.6

87 ARTICLE ZONING DISTRICTS SECTION ZONING DISTRICT DEVELOPMENT STANDARDS R-1 Residential District A Minimum Lot Area Residential = 8,000 Square Feet B Minimum Lot Width Residential = 70 Feet C Minimum Lot Depth None D Front Yard Minimum Setback 15 Feet E Side Yard Minimum Setback 15 Feet F Rear Yard Minimum Setback 15 Feet G Principal Building Height H I Non-residential = 24,000 Square Feet Non-residential = 200 Feet No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation. 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. One- and Two-Family residential dwellings with wood roof shingles shall have a minimum of 30 feet of separation between buildings. The following list provides the location of additional standards which apply to the development of uses permitted within this district: Table of Uses Section Off-Street Parking & Off-Street Loading Article 155.9, Part I Outdoor Lighting Article 155.9, Part II Landscaping, Buffering, & Screening Article 155.9, Part III Sign Regulations Article Flood Damage Prevention Ordinance Article , Part I Sedimentation and Soil Erosion Control Article , Part II Fences and Walls Requirements Section Visibility on Corner Lots Section and Section Definitions Appendix A Open Space Requirements Section Floor Area Ratio Section Nonconforming Situations Article Adopted November 8, 2012 Page 6-9 Article 155.6

88 ARTICLE ZONING DISTRICTS R-2 Residential District A Minimum Lot Area One Residential Dwelling or Duplex = 8,000 Square Feet B Minimum Lot Width Permitted Use = 70 Feet C Minimum Lot Depth None 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 Conditional Use = 100 Feet D Front Yard Minimum Setback 15 Feet E Side Yard Minimum Setback 15 Feet, which shall increase 15 feet for each additional 50 feet of property frontage. Note: For conditional 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. F Rear Yard Minimum Setback 15 Feet G H I 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. 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. Residential dwellings with wood roof shingles shall have a minimum of 30 feet of separation between buildings. The following list provides the location of additional standards which apply to the development of uses permitted within this district: Table of Uses Section Off-Street Parking & Off-Street Loading Article 155.9, Part I Outdoor Lighting Article 155.9, Part II Landscaping, Buffering, & Screening Article 155.9, Part III Sign Regulations Article Flood Damage Prevention Ordinance Article , Part I Sedimentation and Soil Erosion Control Article , Part II Fences and Walls Requirements Section Visibility on Corner Lots Section and Section Definitions Appendix A Open Space Requirements Section Floor Area Ratio Section Nonconforming Situations Article Adopted November 8, 2012 Page 6-10 Article 155.6

89 ARTICLE ZONING DISTRICTS C-1 Commercial District I A Minimum Lot Area Permitted Use = None Conditional Use = 10,000 Square Feet B Maximum Density 48 units per acre for hotels and motels 20 units per acre for apartments or residential buildings C Minimum Lot Width Permitted Use = None Conditional Use = 100 Feet D Minimum Lot Depth Permitted Use = None Conditional Use = 100 Feet E Front Yard Minimum Setback None F Side Yard Minimum Setback None 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. G Rear Yard Minimum Setback None H 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. The following list provides the location of additional standards which apply to the development of uses permitted within this district: Table of Uses Section Off-Street Parking & Off-Street Loading Article 155.9, Part I Outdoor Lighting Article 155.9, Part II Landscaping, Buffering, & Screening Article 155.9, Part III Sign Regulations Article Flood Damage Prevention Ordinance Article , Part I Sedimentation and Soil Erosion Control Article , Part II Fences and Walls Requirements Section Visibility on Corner Lots Section and Section Definitions Appendix A Open Space Requirements Section Adopted November 8, 2012 Page 6-11 Article 155.6

90 ARTICLE ZONING DISTRICTS C-2 Commercial District II A Minimum Lot Area Permitted Use = None Conditional Use = 10,000 Square Feet B Maximum Density 48 units per acre for hotels and motels 20 units per acre for apartments or residential buildings C Minimum Lot Width 50 Feet D Minimum Lot Depth None E Front Yard Minimum Setback 15 Feet 7.5 Feet of which shall be developed for sidewalks, grass, plants, and the necessary entrances and exits to driveways. F Side Yard Minimum Setback 7.5 Feet G Rear Yard Minimum Setback 7.5 Feet Note: No portion of any building shall be closer than 15 feet to the right of way or street. H 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. 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. Note: A parking lot, as a conditional use, shall not be subject to these dimension standards. The following list provides the location of additional standards which apply to the development of uses permitted within this district: Table of Uses Section Off-Street Parking & Off-Street Loading Article 155.9, Part I Outdoor Lighting Article 155.9, Part II Landscaping, Buffering, & Screening Article 155.9, Part III Sign Regulations Article Flood Damage Prevention Ordinance Article , Part I Sedimentation and Soil Erosion Control Article , Part II Fences and Walls Requirements Section Visibility on Corner Lots Section and Section Definitions Appendix A Open Space Requirements Section Adopted November 8, 2012 Page 6-12 Article 155.6

91 ARTICLE ZONING DISTRICTS C-3 Commercial District III A Minimum Lot Area Permitted Use = None Conditional Use = 10,000 Square Feet B Maximum Density 48 units per acre for hotels and motels 20 units per acre for apartments or residential buildings C Minimum Lot Width Permitted Use = 50 feet Conditional Use = 100 Feet D Minimum Lot Depth None E Front Yard Minimum Setback Permitted Use = 15 Feet Conditional Use = 30 Feet 7.5 Feet of which shall be developed for sidewalks, grass, plants, and the necessary entrances and exits to driveways. F Side Yard Minimum Setback Permitted Use = 7.5 Feet Conditional Use = 20 Feet G Rear Yard Minimum Setback Permitted Use = 7.5 Feet Conditional Use = 20 Feet Note: No portion of any building shall be closer than 15 feet to the right of way or street. H 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. I 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. Note: See Section , Mixed Use Commercial-Residential The following list provides the location of additional standards which apply to the development of uses permitted within this district: Table of Uses Section Off-Street Parking & Off-Street Loading Article 155.9, Part I Outdoor Lighting Article 155.9, Part II Landscaping, Buffering, & Screening Article 155.9, Part III Sign Regulations Article Flood Damage Prevention Ordinance Article , Part I Sedimentation and Soil Erosion Control Article , Part II Fences and Walls Requirements Section Visibility on Corner Lots Section and Section Definitions Appendix A Open Space Requirements Section Adopted November 8, 2012 Page 6-13 Article 155.6

92 ARTICLE ZONING DISTRICTS C-4 Commercial District IV A Minimum Lot Area Permitted Use = None Conditional Use = 10,000 Square Feet B Maximum Density 48 units per acre for hotels and motels 30 units per acre for apartments or residential buildings C Minimum Lot Width 100 Feet, however, a parking lot permitted as a conditional use under this section is not subject to this requirement. D Minimum Lot Depth Permitted Use = None Conditional Use = 100 Feet E Front Yard Minimum Setback 30 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. F Side Yard Minimum Setback 20 Feet G Rear Yard Minimum Setback 20 Feet 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. Note: No portion of any building shall be closer than 30 Feet to the right-of-way or street. Note: A parking lot, as a conditional use, shall not be subject to these dimension standards. The following list provides the location of additional standards which apply to the development of uses permitted within this district: Table of Uses Section Off-Street Parking & Off-Street Loading Article 155.9, Part I Outdoor Lighting Article 155.9, Part II Landscaping, Buffering, & Screening Article 155.9, Part III Sign Regulations Article Flood Damage Prevention Ordinance Article , Part I Sedimentation and Soil Erosion Control Article , Part II Fences and Walls Requirements Section Visibility on Corner Lots Section and Section Definitions Appendix A Open Space Requirements Section Adopted November 8, 2012 Page 6-14 Article 155.6

93 ARTICLE ZONING DISTRICTS C-5 Commercial District V A Maximum Density 36 units per acre for hotels and motels B Minimum Lot Area 10,000 Square Feet; A church shall have a minimum lot area of 24,000 Square Feet C Minimum Lot Width 100 Feet D Minimum Lot Depth None E F G Front Yard Minimum Setback 30 Feet which shall be landscaped using shrubs, grass, ground cover, and trees. 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 or 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 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. Side Yard Minimum Setback Rear Yard Minimum Setback 10 Feet; except where the property adjoins a residential district in which case the side yard setback shall be 20 Feet. 20 Feet Adopted November 8, 2012 Page 6-15 Article 155.6

94 ARTICLE ZONING DISTRICTS C-5 Commercial District V (continued) H I 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 provided that building height shall be defined below: 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 Appendix A, when the following conditions are satisfied: The property owner or his agent requests that said definition be utilized as a conditional use through an application submitted in accordance with Section ; The Board of Aldermen shall find that the standards set forth in subsection are met; and The Board of Aldermen shall find, in addition to those matters set forth in subsection , that The conditional use, if permitted, will result in the retention of the natural terrain of the subject property; The conditional 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 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. The following list provides the location of additional standards which apply to the development of uses permitted within this district: Table of Uses Section Off-Street Parking & Off-Street Loading Article 155.9, Part I Outdoor Lighting Article 155.9, Part II Landscaping, Buffering, & Screening Article 155.9, Part III Sign Regulations Article Flood Damage Prevention Ordinance Article , Part I Sedimentation and Soil Erosion Control Article , Part II Fences and Walls Requirements Section Visibility on Corner Lots Section and Section Definitions Appendix A Open Space Requirements Section Adopted November 8, 2012 Page 6-16 Article 155.6

95 ARTICLE ZONING DISTRICTS G-1 Public and Semipublic District A Minimum Lot Area 5,000 Square Feet B Minimum Lot Width 50 Feet C Minimum Lot Depth None D Front Yard Minimum Setback* 7.5 Feet (15 Feet for Frame Buildings) E Side Yard Minimum Setback* 7.5 Feet (15 Feet for Frame Buildings) F Rear Yard Minimum Setback* 7.5 Feet (15 Feet for Frame Buildings) * Minimum front, side, and rear setbacks for a church shall be 15 Feet. G Principal Building Height H No building shall exceed 40 feet in height. Spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation. Accessory Building 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. The following list provides the location of additional standards which apply to the development of uses permitted within this district: Table of Uses Section Off-Street Parking & Off-Street Loading Article 155.9, Part I Outdoor Lighting Article 155.9, Part II Landscaping, Buffering, & Screening Article 155.9, Part III Sign Regulations Article Flood Damage Prevention Ordinance Article , Part I Sedimentation and Soil Erosion Control Article , Part II Fences and Walls Requirements Section Visibility on Corner Lots Section and Section Definitions Appendix A Open Space Requirements Section Floor Area Ratio Section Nonconforming Situations Article Adopted November 8, 2012 Page 6-17 Article 155.6

96 ARTICLE ZONING DISTRICTS PC Private Club District A Minimum Lot Area 24,000 Square Feet B Minimum Lot Width 150 Feet C Front Yard Minimum Setback 15 Feet which shall be developed for sidewalks, grass, plants, and necessary entrances, exits, and driveways. D Side Yard Minimum Setback 7.5 Feet E Rear Yard Minimum Setback 7.5 Feet No portion of any building shall be closer to the street or highway than 15 feet. F Principal Building Height G H No building shall exceed 40 feet in height. Spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation. Accessory Building 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. 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 setback of 30 feet 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. The following list provides the location of additional standards which apply to the development of uses permitted within this district: Table of Uses Section Off-Street Parking & Off-Street Loading Article 155.9, Part I Outdoor Lighting Article 155.9, Part II Landscaping, Buffering, & Screening Article 155.9, Part III Sign Regulations Article Flood Damage Prevention Ordinance Article , Part I Sedimentation and Soil Erosion Control Article , Part II Fences and Walls Requirements Section Visibility on Corner Lots Section and Section Definitions Appendix A Open Space Requirements Section Floor Area Ratio Section Nonconforming Situations Article Adopted November 8, 2012 Page 6-18 Article 155.6

97 ARTICLE ZONING DISTRICTS P-1 Conservation Zone (A) (B) Within the conservation zone, designated as P-1 on the official zoning map, 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 zone) and ocean-related business activities as permitted in Chapter 92 of this code. There shall be no clearing, disturbance, removal, burning, destruction, harming, cutting, or mowing of trees, shrubs, or other natural vegetation in the P-1 Zone, except for: maintenance necessary for public health, safety, or general welfare; clearing as is necessary to remove damage caused by hurricane, flood, storm, fire, insects, or infectious organisms; or clearing in conjunction with development of a pier permitted by this section. The UDO Administrator or his or her designee, in consultation with applicable state and local agencies, will determine when maintenance is necessary for the public health, safety, and general welfare. Any property owner dissatisfied with the decision of the UDO Administrator or his or her designee may appeal such decision to the Town Manager by delivering written notice of appeal to the Town Manager within ten days of the decision of the UDO Administrator or his or her designee. The decision of the Town Manager in this manner is final S-1 Shore Zone Within the shore zone, as indicated on the zoning map, which in the main is 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 the following: (A) (B) No structure shall be built or no land or parcel of land in this zone shall be used for any purpose whatsoever unless application has been made to and permission granted by the town in accordance with the terms, conditions, and specifications as the Board of Aldermen may prescribe. Permission shall not be granted by the Board of Aldermen for the use of any land or parcel of land for the construction of any type building or structure except piers, municipally owned or operated parks, recreation areas, or other municipal uses; except that those commercial enterprises which were in existence on the original passage of this Ordinance, and which have been used continuously as commercial enterprises since that time may continue the same commercial use. There shall be no change to any other commercial use, nor any expansion of any commercial use existing at that time. Adopted November 8, 2012 Page 6-19 Article 155.6

98 ARTICLE ZONING DISTRICTS (C) (D) (E) (F) (G) Gazebos (shelters which are open on all sides) shall be permitted subject to plan approval by the Board of Aldermen where land ownership is established. Fences shall be limited to three feet in height. No fence shall extend beyond the established bulkhead line or mean high water mark. Fence height shall be measured from grade at any given point along the span of the fence. No vehicular parking is permitted on any lot or parcel of land in this zone, provided, that this restriction shall not apply to property owned by the town, the state, the United states government or any agency of such entities. No increase in impervious surface is permitted within the Shore Zone. For purposes of this section, impervious surface shall include, but not be limited to, areas covered by concrete, asphalt, crushed stone or gravel. All development within the Shore Zone must be in compliance with both state and federal regulations. Adopted November 8, 2012 Page 6-20 Article 155.6

99 ARTICLE SUPPLEMENTAL REGULATIONS ARTICLE SUPPLEMENTAL REGULATIONS Section Introduction Section Accessory Buildings/Structures Section Activities Operated Exclusively for Pleasure, Recreation, Etc. 7-2 Section Health Care Facilities Section Assembly Halls, Gymnasiums, and Other Similar Structures Section Mixed Use Commercial-Residential Section Car Wash Section Child Care Centers Section Detached Garages Section Fences and Walls Section Financial Institutions/Banks Section Floating Homes Section Home Occupations Section Nursing Home Section Ocean-Related Business Activities Section Private Club Section Floor Area Ratio Section Telecommunication Facilities and Support Towers Purpose and Intent Approvals Required for Telecommunications Facilities and Support Structures Telecommunications Facilities and Support Structures Permitted by CUP General Standards and Design Requirements Miscellaneous Provisions Telecommunications Facilities and Support Structures in Existence on the Date of Adoption of this Ordinance Section Temporary Storage Containers Section Coffee Shops, No Food Prepared On Site Adopted November 8, 2012 Page 7-1 Article 155.7

100 ARTICLE SUPPLEMENTAL REGULATIONS SECTION INTRODUCTION The following supplemental regulations shall pertain to the various uses listed in the Table of Uses located in Article 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 conditional 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. SECTION ACCESSORY BUILDINGS/STRUCTURES (A) (B) (C) 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 Accessory Structures. Accessory structures, as defined in Appendix A, are permitted provided they are located in the rear yard and comply with all applicable rear and side yard setbacks. Any use that requires a conditional use permit would require a conditional use permit for the addition of an accessory structure or building. SECTION 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 , provided that the entity shall have a contract with the town which defines the terms and conditions under which its operations shall be performed. SECTION HEALTH CARE FACILITIES As defined by NCGS 131E-256, shall not be located within a one-half (½) mile radius of an existing health care facility. Adopted November 8, 2012 Page 7-2 Article 155.7

101 ARTICLE SUPPLEMENTAL REGULATIONS SECTION 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 , 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. SECTION 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) (C) Applicability. The procedures for conceptual plan review shall apply only to mixed use commercial-residential projects as defined in Appendix A. Procedures. (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) (b) 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. 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, Adopted November 8, 2012 Page 7-3 Article 155.7

102 ARTICLE SUPPLEMENTAL REGULATIONS the same information for such shareholder or member corporation or limited liability company shall be provided. (c) (d) (e) 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. The conceptual review application shall be accompanied by a plan, which demonstrates a high quality of overall site design. The conceptual development plan application shall include a written statement which addresses the following: (i) (ii) (iii) (iv) The relationship and balance among site elements; The relationship of the development to natural features; The relationship of the development to neighboring developments and undeveloped land; and 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) (g) (h) 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. No less than 15 copies of the requested materials shall be provided. More copies may be requested if required for necessary referrals and records. 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. Adopted November 8, 2012 Page 7-4 Article 155.7

103 ARTICLE SUPPLEMENTAL REGULATIONS (i) (j) The conceptual development plan application shall be submitted together with the fee as established from time to time by the Board of Aldermen. 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 45 days of receipt of a complete application. (3) Public Notice of Conceptual Development Plan Review. Not less than ten 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) (b) 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. 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. Adopted November 8, 2012 Page 7-5 Article 155.7

104 ARTICLE SUPPLEMENTAL REGULATIONS (c) (d) 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. 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 conditional use permit for mixed use development. (D) Mixed Use Conditional Use Permit Application. After receipt of the conceptual plan resolution from the Board of Aldermen, the applicant may apply for a conditional use permit following the procedures set forth in Section When reviewing the mixed use conditional use permit, the Planning Board and Board of Aldermen shall consider all standards and requirements set forth in Section and the additional conditions set forth in subsection (E) below. (E) Additional Conditional Use Permit Standards for Mixed Use Development. In addition to meeting the standards for a conditional use permit as set forth in Section , each mixed use development must meet the following additional conditions: (1) That the proposed development provides open space in accordance with Section (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. Adopted November 8, 2012 Page 7-6 Article 155.7

105 ARTICLE SUPPLEMENTAL REGULATIONS (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) (G) Public Notice Requirement for Mixed Use Developments. Application for a mixed use conditional use permit ( MUCUP ) 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 MUCUP will conform to the standards set forth in Sections and (E). Notice that the MUCUP 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. 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 conditional 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: Adopted November 8, 2012 Page 7-7 Article 155.7

106 ARTICLE SUPPLEMENTAL REGULATIONS (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. SECTION CAR WASH Car washes shall be permitted in accordance with the use tables in Section , subject to the following: (A) (B) No storage, repair, or sales of vehicles shall be allowed on the site. 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. (C) Vehicle stacking shall be provided as required by Article 155.9, Part I. (D) Accessory sales or services are not permitted. SECTION CHILD CARE CENTERS Child care centers may be allowed pursuant to the use tables provided in Section , 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. Adopted November 8, 2012 Page 7-8 Article 155.7

107 ARTICLE SUPPLEMENTAL REGULATIONS (B) (C) (D) (E) (F) (G) 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. Recreational Facilities. Outdoor recreational facilities shall be located in the rear yard. 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. 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. Hours of Operation. Child care centers adjacent to residential areas shall not operate between the hours of 7:00 pm and 6:00 am. Parking. Parking areas for child care centers shall be located to the side or rear of the building. SECTION DETACHED GARAGES Detached garages may be allowed pursuant to the use tables provided in Section 6.4, provided they comply with the requirements outlined in subsections , , and (H)(1). SECTION FENCES AND WALLS (A) (B) 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. 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. Adopted November 8, 2012 Page 7-9 Article 155.7

108 ARTICLE SUPPLEMENTAL REGULATIONS (b) (c) (d) Fences located within the front yard setback of a lot shall not exceed four feet in height. Fences not restricted as set forth in sections (a) or (b) above shall not exceed six feet in height. Fences located within the triangular area as stated in subsection (C) of a corner lot shall not exceed three feet in height. (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. (C) Corner Lot Visibility. All fences shall comply with the requirements of Section SECTION FINANCIAL INSTITUTIONS/BANKS Financial institutions with a drive-through may be allowed pursuant to the use tables provided in Section , subject to the following standards: (A) (B) Stacking lanes for drive-through windows shall be located so as to avoid conflict with the normal flow of traffic on the site. A vehicle pass-by lane shall be constructed adjacent to each window to provide for complete, unimpeded circulation throughout the site. SECTION FLOATING HOMES Floating homes may be allowed pursuant to the use tables provided in Section 6.4, subject to the following standards: Adopted November 8, 2012 Page 7-10 Article 155.7

109 ARTICLE SUPPLEMENTAL REGULATIONS (A) (B) Floating Homes Prohibited Except in Permitted Districts. It shall be unlawful for any floating home to dock, moor, anchor, or remain within the waters within the zoning jurisdiction of the town except in permitted commercial marinas. Prohibited Acts and Activities Regarding Floating Homes. (1) It shall be unlawful for any person to occupy, or cause or permit another person to occupy any floating home within the zoning jurisdiction of the town except in permitted commercial marinas. (2) It shall be unlawful for any person to cause or allow a home located on or docked or moored to his property to be in violation of this Ordinance. (C) Floating Home Requirements. (1) Not more than one dwelling unit per floating home shall be permitted. (2) The height of a floating home shall not exceed 16 feet above the water line; provided that antennas, removable canopies, masts, and electronic and navigational equipment shall not be included in making this height determination. (3) Floating homes shall be moored to provide a clear waterway projection between adjacent floating homes or vessels of six feet on all sides. (4) All walkways or gangways providing access to any floating home shall comply with the following requirements: (a) (b) Be constructed in accordance with the pier and dock ordinance of the town; Be lighted to provide illumination of 0.1 foot-candles at the deck level, but in no case less than 0.05 foot-candles. (5) A minimum of two off-street parking spaces per floating home shall be provided on shore. (6) Each marina shall provide for each floating home permanent water and sewer systems approved by the Public Works Department of the town. Each floating home shall be connected to such water and sewer system. All wastewater piping from the floating homes 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 or home shall be permitted Adopted November 8, 2012 Page 7-11 Article 155.7

110 ARTICLE SUPPLEMENTAL REGULATIONS 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. (7) All electrical wiring running on docks and/or shore from the distribution center to the point of supply on the floating home shall conform to the National Electrical Code. (8) 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. (9) Each marina shall provide a drypipe fire fighting 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. (10) A minimum of 2,000 square feet of gross land area contiguous to the docks provided for floating homes and above mean high water shall be provided on-shore for each floating home. (11) A site plan shall be submitted for approval in connection with the application for a conditional use permit, such plan to include all improvements as required by this section. (12) Any commercial marinas in which floating homes are located on the date of adoption of this Ordinance shall have six months from the date of adoption to comply with all requirements of this Ordinance. SECTION HOME OCCUPATIONS (A) (B) 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. 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; Adopted November 8, 2012 Page 7-12 Article 155.7

111 ARTICLE SUPPLEMENTAL REGULATIONS (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 appearace 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, ½-ton pickup trucks, and standard step vans shall be used in connection with the home occupation. Offstreet 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. SECTION NURSING HOME A nursing home may be allowed pursuant to the use tables provided in Section , 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) (C) There shall be at a minimum fifty (50) feet of road frontage. 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. Adopted November 8, 2012 Page 7-13 Article 155.7

112 ARTICLE SUPPLEMENTAL REGULATIONS SECTION 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 , subject to the following terms and conditions: (A) (B) (C) (D) (E) (F) (G) 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. 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. Such business shall purchase the required privilege license in addition to the permit required in the preceding subsection. 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. The geographical area of operation of such businesses shall be the designated surfing areas as established under the provisions of Chapter 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. 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. 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. Adopted November 8, 2012 Page 7-14 Article 155.7

113 ARTICLE SUPPLEMENTAL REGULATIONS SECTION PRIVATE CLUB Private clubs may be allowed pursuant to the use tables provided in Section , however: (A) (B) No private club shall be allowed on any property within any residential zone; and No residential units shall be permitted in a private club. SECTION FLOOR AREA RATIO (A) (B) (C) (D) 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. The allowable Floor Area Ratio for single-family and duplex structures shall not exceed a ratio of 0.7. The square footage of porches and decks 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. A single-family or duplex structure having habitable space (as defined in Appendix A) below the Base Flood Elevation (as defined in Appendix 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. SECTION TELECOMMUNICATION FACILITIES AND SUPPORT TOWERS 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 preserved, with certain limitations, local government land use and zoning authority Adopted November 8, 2012 Page 7-15 Article 155.7

114 ARTICLE SUPPLEMENTAL REGULATIONS concerning the placement, construction, and modification of wireless telecommunications 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) (B) (C) (D) (E) (F) (G) (H) Ensure access to reliable wireless telecommunications services throughout all areas of the Town of Wrightsville Beach; Encourage the use of existing monopoles, towers, utility poles and other structures for the collocation of telecommunications facilities; Encourage the location of new monopoles and towers in non-residential areas; Minimize the number of new monopoles and towers that would otherwise need to be constructed by providing incentives for the use of existing structures; Encourage the location of monopoles and towers, to the extent possible in areas where the adverse impact on the community will be minimal; Minimize the potential adverse effects associated with the construction of monopoles and towers through the implementation of reasonable design, landscaping and construction practices; Ensure public health, safety, welfare and conveniences; and Conform to Federal and State laws that allow certain antennas to be exempt from local regulations Approvals Required for Telecommunications Facilities and Support Structures (A) Conditional Use Permit. New telecommunications facilities and new support structures up to fifty (50) feet in height shall be permitted in the C-3, C-4, 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 Conditional Use Permit (CUP) from the Board of Aldermen in accordance with the Standards set forth in this Ordinance. Provided, the height of such facilities and structures shall be limited to forty (40) feet if the facility or structure is located in an Area of Environmental Concern ("AEC") as established under the Coastal Area Management Act, as amended. Adopted November 8, 2012 Page 7-16 Article 155.7

115 ARTICLE SUPPLEMENTAL REGULATIONS (B) Exempt. Ordinary maintenance of existing telecommunications facilities and support structures, as defined herein, shall be exempt from zoning and permitting requirements. In addition, the following facilities are not subject to the provisions of this subsection:(1) antennas used by residential households solely for broadcast radio and television; (2) satellite antennas used solely for residential or household purposes; (3) COWs placed for a period of not more than one hundred twenty (120) days at any location within the Town of Wrightsville Beach after a declaration of an emergency or a disaster by the Governor or by the responsible official of the Town of Wrightsville Beach; and (4) television and AM/FM radio broadcast towers and associate facilities Telecommunications Facilities and Support Structures Permitted by CUP All Conditional Use Permit applications for Telecommunications Facilities and Support Structures must contain the following: (A) Conditional Use Permit Application form signed by applicant (refer to Section ). (B) (C) (D) (E) (F) (G) A copy of lease or letter of authorization from the property owner evidencing applicant s authority to pursue zoning application. Written description and scaled drawings of the proposed Support Structure, including structure height, ground and structure design, and proposed materials. Number and type of proposed Antennas and their height above ground level, including the proposed placement of Antennas on the Support Structure. When locating adjacent to a residential area, a written technical and operational analysis of why a support structure at a height of less than fifty (50) feet cannot be used. Line-of-sight diagram or photo simulation, showing the proposed Support Structure set against the skyline and viewed from at least four (4) directions within the surrounding areas. A statement justifying why Collocation is not feasible. Such statement shall include: (1) Such technical information and other justification as is necessary to document the reasons why collocation is not a viable option; and (2) 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, Adopted November 8, 2012 Page 7-17 Article 155.7

116 ARTICLE SUPPLEMENTAL REGULATIONS 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. (3) A statement that the proposed Support Structure will be made available for Collocation to other service providers at commercially reasonable rates. (H) Conditional Use Permit application fee General Standards and Design Requirements (A) Design. (1) Support Structures shall be subject to the following: (a) Support Structures shall be designed to accommodate at least two (2) telecommunications providers. (b) (c) The compound area surrounding the Support Structure must be of sufficient size to accommodate Accessory Equipment for at least two (2) telecommunications providers. Unless otherwise required by the Federal Communications Commission, the Federal Aviation Administration, or the Town of Wrightsville Beach, Support Structures shall be galvanized silver or gray finish. (2) Stealth Telecommunications Facilities shall be designed to accommodate the Collocation of other Antennas whenever economically and technically feasible or aesthetically appropriate, as determined by the Board of Aldermen. (3) Upon request of the Applicant, the Board of Aldermen may waive the requirement that new 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 support structure with fewer Antennas will promote community compatibility. (B) Setbacks. (1) Property Lines. Unless otherwise stated herein, Support Structures shall be setback from all property lines a distance equal to their height measured from the base of Adopted November 8, 2012 Page 7-18 Article 155.7

117 ARTICLE SUPPLEMENTAL REGULATIONS the structure to its highest point. Other Support Structures shall be governed by the setbacks required by the underlying zoning district. (2) Residential Dwellings. Unless otherwise stated herein, Support Structures shall be setback from all off-site residential dwellings a distance equal to the height of the structure. 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. (3) Unless otherwise stated herein, all Accessory Equipment 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. (4) The Board of Aldermen shall have the authority to reduce or waive any required setback upon the request of the applicant if the Telecommunications Facility or 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. (C) Height. Height shall be measured from the natural undisturbed ground surface below the center of the tower base to the top of the tower, including the highest antenna or piece of equipment attached thereto. (1) In non-residential districts, Support Structures shall not exceed a height of fifty (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. (2) Support Structures and Antennas located on buildings shall not exceed fifteen (15) feet in height. Roof-mounted antennas extending over five (5) feet above the principle building shall be located behind a façade that blends with the principle building. (3) In all districts, the Board of Aldermen shall have the authority to reduce or waive the height restrictions listed in this section upon the receipt of a Variance request from applicant and a satisfactory showing of the need for a greater height. With its Variance 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. Adopted November 8, 2012 Page 7-19 Article 155.7

118 ARTICLE SUPPLEMENTAL REGULATIONS (D) Aesthetics. (1) Lighting and Marking. Telecommunications Facilities or 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. (2) Signage. Signs on any portion of a tower and/or related accessory building, fence, or wall shall be prohibited with the following exceptions: (a) (b) (c) (d) A two (2) 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. Warning signs may be placed on the premises. Equipment Information Signs may be placed at appropriate locations as determined by the UDO Administrator or his/her designee. A freestanding sign may be permitted only if the lot also contains the main business office of the telecommunications server. A sign permit is required whenever a sign is allowed. (E) (F) Landscaping. In all districts, the Board of Aldermen shall have the authority to impose reasonable landscaping requirements surrounding the 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 right-of-way or adjacent property or in instances where in the judgment of the Board of Aldermen, landscaping is not appropriate or necessary. 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 Telecommunications Facility or Support Structure. Any equipment not used in direct support of such operation shall not be stored on the site. (1) An equipment building, shelter or cabinet must not exceed five hundred sixty (560) square feet and twelve (12) feet in height, including the support structure for the equipment. Adopted November 8, 2012 Page 7-20 Article 155.7

119 ARTICLE SUPPLEMENTAL REGULATIONS (2) Equipment buildings must comply with Local, State and Federal Flood Zone Restrictions. (3) 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. (4) If the 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 (3) feet in height at installation. The 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 Miscellaneous Provisions (A) Safety. (1) Ground mounted Accessory Equipment and Support Structures shall be secured and enclosed with fence not less than six (6) 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. (2) The Board of Aldermen may waive the requirement of subsection (1) above if it is deemed that a fence is not appropriate or needed at the proposed location. (B) Abandonment and Removal. (1) Abandonment. Any Telecommunications Facility or Support Structure that is not operated for a period of twelve (12) consecutive months shall be considered abandoned. A telecommunications facility is unauthorized if the franchise of the applicable telecommunications provider has expired or has never been obtained, if the facility has been abandoned, or if the construction of the facility was not in compliance with this Ordinance and the conditional use permit. A utility pole shall be deemed abandoned whenever all wires, lines, cables and other facilities have been removed from the pole for a period of twelve (12) months or more. Adopted November 8, 2012 Page 7-21 Article 155.7

120 ARTICLE SUPPLEMENTAL REGULATIONS (2) Removal. Any tower 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 Telecommunications Facility or Support Structure shall remove the Facility within six (6) months of its abandonment. Upon removal, the site shall be revegetated to blend with the existing surrounding vegetation. In the event that a tower is not removed by the tower 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. (C) 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 Telecommunications Facilities and Support Structures in Existence on the Date of Adoption of this Ordinance (A) (B) Telecommunications Facilities and Support Structures that were legally permitted on or before the date this Ordinance was enacted shall be considered a permitted nonconforming use. Non-Conforming Telecommunications Facility. (1) Non-Conforming Antennas or Accessory Equipment: Ordinary Maintenance may be performed on Non-Conforming Antennas and Accessory Equipment. (2) Minor Modifications to non-conforming Telecommunications Facilities may be permitted upon the granting of approval by the UDO Administrator and Public Works Director. (3) Major Modifications to non-conforming Telecommunications Facilities may be permitted only upon the granting of conditional use permit approval by the Board of Aldermen. (C) Non-Conforming Support Structures. (1) Non-Conforming Support Structures: Ordinary Maintenance may be performed on a Non-Conforming Support Structure. (2) Collocation of Telecommunications Facilities on an existing non-conforming Support Structure is permitted upon the granting of a conditional use permit. Adopted November 8, 2012 Page 7-22 Article 155.7

121 ARTICLE SUPPLEMENTAL REGULATIONS (3) Minor Modifications may be made to non-conforming Support Structures to allow for Collocation of Telecommunications Facilities. Such Minor Modifications shall be permitted by approval by the UDO Administrator and the Public Works Director. (4) Major Modifications may be made to non-conforming Support Structures only upon the granting of a conditional use permit approval by the Board of Aldermen. SECTION TEMPORARY STORAGE CONTAINERS (A) Temporary storage containers are defined as: (1) Containers no larger in dimension than 8 ft x 8 ft 6 in x 16 ft 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 , upon compliance with all of the following: (1) No more than two (2) 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 thirty (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 twenty-four (24) hours of the placement. Adopted November 8, 2012 Page 7-23 Article 155.7

122 ARTICLE SUPPLEMENTAL REGULATIONS 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 ninety (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 (5) 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 thirty (30) days in any six (6) month period. (6) Temporary storage containers shall be constructed of noncombustible materials. SECTION COFFEE SHOP, NO FOOD PREPARED ON SITE Coffee shops with no food prepared on site shall be permitted in accordance with the use tables in Section , subject to the following: (A) (B) No outdoor seating is allowed. No accessory uses shall be permitted in conjunction with the coffee shop. Adopted November 8, 2012 Page 7-24 Article 155.7

123 ARTICLE NONCONFORMING SITUATIONS ARTICLE NONCONFORMING SITUATIONS PART I. GENERAL PROVISIONS Section Minimum Single Lot Requirements Section Minimum Multi-Lot Requirements Section Section Extension of Enlargement of Nonconforming Situations Prohibited Elevation of Nonconforming Structures in Order to Comply with Flood Ordinances Section Change in Nonconforming Situation Section Discontinuance or Abandonment Section Compliance with Flood Ordinance PART II. NONCONFORMING STRUCTURES Section Repairs and Maintenance PART III. SINGLE-FAMILY AND DUPLEX STRUCTURES Section Expansion or Enlargement PART IV. MULTI-FAMILY STRUCTURES Section Expansion or Enlargement PART V. OCEANFRONT FISHING PIERS Section Expansion or Enlargement PART VI. NONCONFORMING USES Section Expansion or Enlargement Section Relocation of Nonconforming Use Section Change in Use PART VII. DAMAGE OR DESTRUCTION Section Reconstruction Damage Less Than 50% Section Reconstruction Damage More Than 50% Section Increase in Extent of Nonconformity Section Time for Carrying Out Reconstruction Adopted November 8, 2012 Page 8-1 Article 155.8

124 ARTICLE NONCONFORMING SITUATIONS PART I. GENERAL PROVISIONS SECTION MINIMUM SINGLE LOT REQUIREMENTS Where the owner of a lot upon adoption of this Ordinance, or his or her successor in title thereto, does not own sufficient land to enable him or her to conform to the dimensional requirements of this Ordinance, the lot may be used as a building site for a single-family residence in a district in which residences are permitted or for a duplex in R-2 Districts provided the single-family residence or duplex shall conform to the minimum housing code and to the following setback requirements: 15-foot setback for the front yard street access frontage and 7-1/2 feet for all other yards (see Section for open space requirements); and minimum required lot area for a duplex in the R-2 District shall be 4,000 square feet. Setbacks for landlocked waterfront lots shall conform to the following setback requirements: 15 feet for the front lot line and 7-1/2 feet for all other yards. SECTION MINIMUM MULTI-LOT REQUIREMENTS Where there exist two or more adjoining and vacant lots considered either as a single lot or several lots under single ownership with dimensions smaller than that required in the zoning district in which they are located, the owner shall be permitted to join as one or more lots by submitting a request and plat of the proposed combination to the UDO Administrator and recording the change in the office of the Register of Deeds of the county provided these lots or the subdivision of these lots was recorded by the county Register of Deeds prior to the date of adoption of this Ordinance; that the proposed permitted uses shall conform to the minimum side and front yard requirements set out in this Ordinance for the district in which these uses are located except that the minimum side yard requirement shall be 15% of the property width but in no case to be less than 7-1/2 feet. SECTION EXTENSION OR ENLARGEMENT OF NONCONFORMING SITUATIONS PROHIBITED Except as specifically provided in this section, it shall be unlawful for any person to engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. SECTION ELEVATION OF NONCONFORMING STRUCTURE IN ORDER TO COMPLY WITH FLOOD ORDINANCES An extension or enlargement of a nonconforming situation is permitted if it involves only raising a structure which, prior to being raised, was in violation of the Federal Flood Insurance Program as implemented through Article , Part I. Provided, that no increase in the extent of nonconformity of the nonconforming situation shall occur when the structure is raised other than those activities absolutely essential to accomplish bringing the structure into compliance with the Federal Flood Insurance Program as implemented through Article , Part I. Provided, further, Adopted November 8, 2012 Page 8-2 Article 155.8

125 ARTICLE NONCONFORMING SITUATIONS that if the lot on which the structure to be raised is located has sufficient area that the structure, after being raised, can comply with all then existing setback requirements, then the structure may only be raised if it is relocated so as to comply with all then existing setback requirements. SECTION CHANGE IN NONCONFORMING SITUATION Where a nonconforming situation exists, the equipment or process may be changed if these or similar changes amount only to changes in degree of activity rather than changes in kind of activity and no violations of other provisions of this Ordinance occur. SECTION DISCONTINUANCE OR ABANDONMENT If operation of a nonconforming use is discontinued for a period of 365 consecutive days, the property involved shall thereafter be used only for a conforming use. If a nonconforming use is maintained on one lot in conjunction with a conforming use, discontinuance of the nonconforming use for 365 consecutive days shall terminate the right to maintain it thereafter. SECTION COMPLIANCE WITH FLOOD ORDINANCE Any extension or enlargement of a nonconforming situation permitted under the provisions of this section may only be carried out if such extension or enlargement complies with all requirements of the Federal Flood Insurance Program as implemented through Article , Part I. PART II. NONCONFORMING STRUCTURES SECTION REPAIRS AND MAINTENANCE Repairs and normal maintenance required to keep nonconforming structures in a safe condition are permitted, provided that no alterations may be made except those allowed by this Ordinance or required by law or ordinance. This section shall not be construed to prevent strengthening or repair of a structure in compliance with the order of a public official whose duties include protecting the public safety. Adopted November 8, 2012 Page 8-3 Article 155.8

126 ARTICLE NONCONFORMING SITUATIONS PART III. SINGLE-FAMILY AND DUPLEX STRUCTURES SECTION EXPANSION OR ENLARGEMENT A single-family residence or a duplex that is maintained as a nonconforming structure may be enlarged or expanded so long as the enlargement or expansion complies with the provisions of this Ordinance to include Section and the following provisions: (A) (B) (C) (D) (E) (F) A single-family residence or duplex may be expanded or enlarged to an extent that does not exceed 50% of the measured area of the structure. For the purposes of calculating the permitted expansion or enlargement, all expansion or enlargement permitted under the provisions of this section within the five-year period preceding the date on which any work to enlarge or expand the dwelling is started shall be included within the proposed expansion. For purposes of calculating the measured area, the deck areas shall be excluded. Such expansion or enlargement shall not create new nonconformities. Such expansion or enlargement shall not cause an expansion or encroachment into an existing or required setback. Such expansion or enlargement shall not exceed the Floor Area Ratio (see Section ). The expansion or enlargement must maintain the following structural elements as they existed prior to the expansion or enlargement: (1) The existing exterior wall height. For the purposes of this section, exterior wall height shall be measured from the top of the subfloor to the top plate of the exterior wall; (2) The existing exterior walls except as needed to change/add windows and doors, to perform lateral additions or to correct code violations; and (3) The original structural floor system except as needed to add new ingress and egress or to correct code violations. (G) If the expansion or enlargement is only into a side yard area, then upon completion the combination of the two side yard setbacks shall be equal to or exceed the total of the two side yard setbacks required under this Ordinance. This provision is subject to subsection (K) below. Adopted November 8, 2012 Page 8-4 Article 155.8

127 ARTICLE NONCONFORMING SITUATIONS (H) (I) (J) (K) If the enlargement or expansion is only into a front or rear yard area, then upon completion the combination of the front yard and rear yard setbacks shall be equal to or exceed the total of the front and rear yard setbacks required under this Ordinance. This provision is subject to subsection (K) below. If the expansion or enlargement is into one or more side yard areas and into the front or rear yard areas, then upon completion the combination of the two side yard setbacks shall be equal to or exceed the total of the two side yard setbacks required under this Ordinance and the combination of the front yard and rear yard setbacks shall be equal to or exceed the total of the front and rear yard setbacks required under this Ordinance. This provision is subject to subsection (K) below. Will comply in all respects with the off-street parking requirements contained in Article 155.9, Part I. If a nonconforming structure is located ten feet or less from an adjoining structure (either on the same or an adjoining lot), then the nonconforming structure may not be enlarged or expanded in any manner whatsoever. PART IV. MULTI-FAMILY STRUCTURES SECTION EXPANSION OR ENLARGEMENT A residential structure having three or more residential units and a housing development as defined in this Ordinance that is maintained as a nonconforming structure may be enlarged or expanded to increase its square footage by an amount no larger than 1% of the measured area of such structure so long as the enlargement or expansion complies with the provisions of this paragraph. The provisions of this paragraph shall apply only to nonconforming structures and a structure which is maintained as a nonconforming use may not be enlarged or expanded in any way under the provisions of this paragraph. The expansion or enlargement shall comply with the following provisions: (A) (B) For purposes of calculating the permitted expansion or enlargement, all expansion or enlargement permitted under the provisions of this section within the five-year period preceding the date on which any work to enlarge or expand the dwelling is started shall be included with the proposed expansion. In calculating the measured area of the building, deck areas, garage areas, and parking areas shall be excluded. Adopted November 8, 2012 Page 8-5 Article 155.8

128 ARTICLE NONCONFORMING SITUATIONS (C) (D) (E) (F) (G) (H) (I) The expansion or enlargement shall be limited to nonresidential areas only. No expansion of a residential area or a deck or porch associated therewith shall be permitted. Such expansion or enlargement does not create new nonconformities. Such expansion or enlargement does not create an expansion or encroachment into an existing or required setback. If the expansion or enlargement is only into a side yard area of the existing structure, then upon completion the combination of the two side yard setbacks shall be equal to or exceed the total of the two side yard setbacks required under this Ordinance. This provision is subject to subsection (I) below. If the enlargement or expansion is only into a front or rear yard area, then upon completion the combination of the front yard and rear yard setbacks shall be equal to or exceed the total of the front and rear yard setbacks required under this Ordinance. This provision is subject to subsection (I) below. If the expansion or enlargement is into one or more side yard areas and into the front or rear yard areas, then upon completion the combination of the two side yard setbacks shall be equal to or exceed the total of the two side yard setbacks required under this Ordinance and the combination of front yard and rear yard setbacks shall be equal to or exceed the total of the front and rear yard setbacks required under this Ordinance. This provision is subject to subsection (I) below. Notwithstanding the preceding provisions of this section, if a nonconforming structure is located ten feet or less from an adjoining structure (either on the same or adjoining lot), then the nonconforming structure may not be enlarged or expanded in any manner whatsoever. PART V. OCEANFRONT PIERS SECTION EXPANSION OR ENLARGEMENT For purposes of this section, an oceanfront fishing pier shall mean a pier constructed wholly or in part east of the Property Line as established by Chapter 246 of the Public Laws of North Carolina, Session 1939, as amended. Adopted November 8, 2012 Page 8-6 Article 155.8

129 ARTICLE NONCONFORMING SITUATIONS An oceanfront fishing pier that is maintained as a nonconforming use or nonconforming structure may be expanded or enlarged in accordance with the provisions of this section as follows: (A) (B) Expansion of enlargement shall only be permitted if the oceanfront fishing pier provides public access for fishing or other recreational purposes whether on a commercial, public, or non-profit basis. Any pier house associated with an oceanfront fishing pier shall not be expanded, except as follows: (1) An expansion of the roof overhang shall be permitted if the area does not exceed 400 square feet. Such area shall not be enclosed in any manner. (2) An uncovered and unenclosed deck not to exceed 225 square feet in size may be added to the northern side of the pier house to be used solely for the installation of a freezer, heating and air conditioning equipment and any required screening. (C) (D) Use of any pier house associated with an oceanfront fishing pier shall be limited to restaurants and retail services. The oceanfront pier located east of the pier house and excluding the pier house, may be expanded a total of 2,600 square feet (the "permitted expansion area") subject to the following restrictions and provisions: (1) Except as otherwise permitted in this section, the permitted expansion area may only be used for open air seated dining service associated with the restaurant operated in the pier house and access to the oceanfront fishing pier. The use of the permitted expansion area for open air seated dining service shall be limited to the hours of operation of the restaurant located within the pier house. (2) The permitted expansion area used for open air seated dining service must not extend more than 120 feet seaward of the eastern wall of the pier house. For purposes of this ordinance, the eastern wall of the pier house shall mean the primary wall of the eastern side of the pier house at the location of such wall on the date of adoption of this ordinance. This area may be covered by removable fabric awnings, the highest point of which shall not exceed a height of 12 feet above the deck of the pier. Tables in this area may utilize table umbrellas. Except as otherwise provided herein, no other roof or covering of any kind shall be permitted in this expansion area. Removable fabric awnings may be extended another 25 feet beyond the permitted expansion area to provide cover for service facilities related Adopted November 8, 2012 Page 8-7 Article 155.8

130 ARTICLE NONCONFORMING SITUATIONS to the open air seated dining service. For purposes of this section, "service facilities" shall mean and be limited to temporary facilities for serving persons seated at the tables within the permitted expansion area. No permanently affixed service facilities of any kind shall be permitted within this 25 foot area and all such service facilities shall be designed to be removed at the close of each day s business. No tables for customers shall be permitted within this 25 foot area. Under no circumstances shall such service facilities be used to serve persons who are not seated at the tables within the permitted expansion area. (3) The width of any permitted expansion of the oceanfront fishing pier shall be limited as follows: (a) (b) Any permitted expansion within the area that is located 30 feet seaward of the eastern wall of the pier house shall be limited to the width of the existing pier house. Any permitted expansion located beyond the 30 feet area referenced in subparagraph (a) above, shall be limited so that the maximum width of the oceanfront pier does not exceed 32 feet. (E) In addition, the fishing pier may be extended eastwardly for a maximum distance of 1,000 feet from the eastern wall of the pier house provided that any expansion to the fishing pier beyond 145 feet from the eastern wall of the pier house shall not exceed 20 feet in width. (F) (G) No expansion or enlargement shall be permitted unless the owner first acquires a conditional use permit in accordance with Section of this UDO. All other applicable provisions of the UDO shall be complied with in conjunction with such expansion or enlargement to include compliance with all off-street parking requirements. PART VI. NONCONFORMING USES SECTION EXPANSION OR ENLARGEMENT Except as provided by this paragraph, no nonconforming use shall be enlarged or expanded to occupy a greater area of land or floor area than was occupied on the effective date of this Ordinance and no additional accessory use shall be established on the site of a nonconforming use. (A) A single-family residence or duplex maintained as a nonconforming use may be expanded or enlarged by the addition of an uncovered deck subject to the following requirements: Adopted November 8, 2012 Page 8-8 Article 155.8

131 ARTICLE NONCONFORMING SITUATIONS (1) The construction of such uncovered deck must comply in all respects with all other provisions of this Ordinance and in addition, such uncovered deck must meet the 15-foot setback requirements imposed on structures built on conforming lots. (2) Such deck must be constructed so as to be pervious and no impervious surface shall be permitted below such deck unless impervious surface is existing underneath the area of proposed deck expansion permitted by this section. (3) The total area of all decks, to include any new deck permitted by this section and all other existing decks, shall not exceed the deck area permitted by Section (B) Notwithstanding the preceding provisions of this section, if a nonconforming use is located ten feet or less from an adjoining structure (either on the same or an adjoining lot), then the nonconforming use may not be enlarged or expanded in any manner whatsoever. SECTION RELOCATION OF NONCONFORMING USE No nonconforming use may be moved, in whole or in part, to any other portion of such parcel nor to another lot unless the use will be in conformance with the use regulations of the district into which it is moved. SECTION CHANGE IN USE A nonconforming use may not be changed to another use unless the proposed use is permitted in the district in which the land is located. PART VII. DAMAGE OR DESTRUCTION SECTION RECONSTRUCTION DAMAGE LESS THAN 50% Any nonconforming building or structure or any building or structure containing a nonconforming use or any building or structure constituting a nonconforming situation, which has been damaged by fire, acts of God, and other causes beyond the control of the owner, may be reconstructed and used as before subject to the conditions and restrictions of this Ordinance and further subject to a determination by the UDO Administrator that the cost to repair such damage or destruction is less than 50% of the assessed tax value of the structure as listed by the New Hanover County Tax Office or that value (as defined in Appendix A) as determined by a certified appraisal. For purposes of this section, "value" shall mean the value of the building before the damage or destruction occurred. In addition, the property owner may be required to provide other information as required Adopted November 8, 2012 Page 8-9 Article 155.8

132 ARTICLE NONCONFORMING SITUATIONS by the UDO Administrator to substantiate the cost of such repairs, reconstruction, improvements, or addition. SECTION RECONSTRUCTION DAMAGE MORE THAN 50% If such building or structure as described in the preceding paragraph is damaged to an extent equal to or greater than 50% of the value as specified in the preceding paragraph, then such building may only be reconstructed if it is brought into full compliance with Article , Part I (Flood Damage Prevention Ordinance); Article 155.9, Part I (Off-Street Parking and Off-Street Loading Requirements); and the setback requirements contained in Section In the event the number of units in the building that existed before the damage cannot be rebuilt because of an inability to meet the requirements of this paragraph, a building containing a lesser number of units (but more than are permitted under the zoning applicable to the property) may be rebuilt so long as all applicable requirements of the UDO, to include this paragraph, are met. For example, a damaged quadraplex in a zoning district permitting only single-family units cannot be rebuilt because the current parking requirements cannot be met. However, a duplex can be built on the subject property that will meet the requirements of the UDO and this section. In this situation, a duplex may be constructed in this zoning district. SECTION INCREASE IN EXTENT OF NONCONFORMITY In no event shall the extent of nonconformity of a building or structure repaired under the provisions of this Ordinance be increased or enlarged in any manner except as permitted herein. SECTION TIME FOR CARRYING OUT RECONSTRUCTION Any owner wishing to repair a nonconforming building or structure under the provisions of this Ordinance must acquire a building permit for such repairs within 18 months of the date of the damage or destruction. The UDO Administrator shall have the authority to extend such 18 month period for an additional 90 days upon receipt of a written request to do so prior to the expiration of the initial 18 month period. In the event the owner fails to meet these time restrictions, the right to continue the nonconforming situation, use, building or structure shall terminate and the property shall thereafter be used only in a conforming manner. Adopted November 8, 2012 Page 8-10 Article 155.8

133 ARTICLE 9. PERFORMANCE STANDARDS ARTICLE PERFORMANCE STANDARDS PART I. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS Section Off-Street Parking Requirements Certification of Minimum Parking Requirements Combination of Required Parking Space Bicycle Rack Requirements Parking Standards Off-Street Parking Requirements Per Land Use Exception in Parking Requirements Off-Street Parking Access to Paved Street Parking Space Arrangements and Dimensions Section Off-Street Loading for Commercial and Industrial Uses PART II. DRIVEWAY CONSTRUCTION Section Permit to Construct Driveway Required Section Conformity of Surrounding Areas of Abutting Property Owners; Refusal to Make Improvements Section Costs Assessed Against Property Abutting Sidewalk Section Specifications for Driveway Construction PART III. OUTDOOR LIGHTING Section Purpose Section Commercial Exterior Lighting Section Residential Exterior Lighting Section Private Piers and Docks Including Residential Section Signs Section Other Requirements Section Nonconformities Section Maximum Illumination Standards PART IV. LANDSCAPE, BUFFERING, AND SCREENING Section Purpose Section Applicability Adopted November 8, 2012 Page 9-1 Article 155.9

134 ARTICLE 9. PERFORMANCE STANDARDS Section Landscaping Requirements Section Bufferyards Section Additional Requirements for Buffers and for Yards in Which Buffers are Required Section Installation Section Maintenance Section Landscape Plan Section Tree Preservation Section Recommended Plant List Adopted November 8, 2012 Page 9-2 Article 155.9

135 ARTICLE PERFORMANCE STANDARDS PART I. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS SECTION OFF-STREET PARKING REQUIREMENTS There shall be provided at the time of the erection of any building, or at the time any principal building is enlarged or increased in capacity by adding dwelling units, guest rooms, seats, or floor area, permanent off-street parking space in the amount specified by this section. Such parking space may be provided in a parking garage or properly graded open space that complies with the standards for parking established in this section Certification of Minimum Parking Requirements Each application for a building permit or certificate of zoning compliance submitted to the UDO Administrator as provided for in this Ordinance shall include information as to the location and dimensions of off-street parking and the means of entrance and exit to the space. This information shall be in sufficient detail to enable the UDO Administrator to determine whether or not the requirements of this section are met. In the case of mixed use developments, the total required off-street parking or loading space shall be the sum of the requirements for the various uses computed separately except for as provided below. (A) Up to one-half of the parking spaces required for one use in a mixed use development may be used to satisfy the parking requirements for a second use within the proposed development, subject to certification by the Board of Aldermen that such joint usage parking complies with the following provisions: (1) The peak usage of the parking facility by one use will be at night or on Sundays and the peak usage of the parking facility by the second use will be at other times as provided in subsection ; and (2) The second use is ancillary to the first use, such as restaurants and meeting rooms to hotels and motels. (B) Minimum parking requirements for a mixed use development may be reduced by the Board of Aldermen if a traffic/parking study is submitted to demonstrate and the Board of Aldermen finds that: (1) Sidewalks, bicycle facilities, transit service, and transit amenities are in place such that together with the number of parking spaces that are proposed, transportation is adequately served or the commercial establishment(s) existing or previously existing on the subject property have historically utilized on-street public parking for a significant portion of customer parking and there is sufficient on-street public Adopted November 8, 2012 Page 9-3 Article 155.9

136 ARTICLE PERFORMANCE STANDARDS parking available within a 400-foot radius of the mixed-use development to meet the demand for the commercial component of the mixed-use development; and provided the commercial component of the mixed use in the proposed project is equal to and not less than 100% of the previous commercial use as determined by heated square footage; and (2) Reduction of the minimum parking requirements will not be injurious to the general health, safety, and welfare Combination of Required Parking Space The required parking space for any number of separate uses may be combined in one lot but the required space assigned to one use may not be assigned to another use. However, one-half of the parking space required for churches, theaters, or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sunday mornings until 12:00 noon Bicycle Rack Requirements For all parking lots containing twenty (20) or more spaces, bicycle racks which accommodate at least five (5) bicycles shall be installed. The final location of the bicycle rack shall be determined by the UDO Administrator or his/her designee. Adopted November 8, 2012 Page 9-4 Article 155.9

137 ARTICLE PERFORMANCE STANDARDS Parking Standards 1. Parking lands shall be physically improved, landscaped, properly surfaced, marked, or otherwise designated and shall conform to the town standards as the parking area located on the lands on which the use is situated. 2. Lighting. Any lighting shall be so arranged as to direct light and glare away from streets and adjacent property (see Article 155.9, Part III). 3. Sidewalks. Paved sidewalks, per town specifications, shall be provided at the owner s expense. 4. All parking lots shall observe the following yard requirements: a. Minimum Front Yard - 5 ft b. Corner Lots, Minimum Side Yard - 5 ft 5. Bumpers. The required yards shall be set off from parking areas by one noncontinuous stationary bumper for each parking space abutting a yard; bumper shall be not less than 5 inches or more than 12 inches high. 6. Separation of Bumper and Walkways. In the event any parking stall abuts a walkway, there shall be a space of 3.5 feet between the wheel bumper and the edge of the walkway. 7. Drainage. Parking lots shall not drain onto or across public sidewalks or into adjacent property except into a drainage easement. Parking lots with 15 or more spaces shall require a 6 inch curb and gutter and/or best management practice low impact development (LID) system designed by a licensed Landscape Architect or Professional Engineer. In already developed areas where this condition would be impossible to meet, the Board of Aldermen, upon review and recommendation by the UDO Administrator, may exempt this requirement provided that adequate provision is made of drainage. 8. Twenty-five percent (25%) of all parking spaces may be established as compact parking stalls. The dimensions for standard & compact parking stalls are outlined in subsection Paved parking areas shall have lines demarcating each parking space. 10. On-street parking may be used to satisfy parking requirements on streets. 11. Landscaping shall be provided as specified in Article 155.9, Part IV. Adopted November 8, 2012 Page 9-5 Article 155.9

138 ARTICLE PERFORMANCE STANDARDS Parking Standards (continued) 12. Off-street parking areas shall be designed: a. to facilitate adequate movement and access by sanitation, emergency, and other public service vehicles. b. so that parked vehicles do not encroach upon, extend into, or cause vehicles to back into public rights-of-way, sidewalks, or strike against or damage any wall, vegetation, utility, or other structure. 13. Larger lots (15 or more spaces) shall be broken up through the establishment of landscaped islands and buffers per the requirements of Article 155.9, Part IV. 14. Off-street parking area shall be properly maintained in all respects. In particular, and without limiting the foregoing, offstreet parking area surfaces shall be kept in good condition (free from potholes, etc.) and parking space lines or marking shall be kept clearly visible and distinct. Handicapped Parking Requirements 15. Handicapped parking spaces shall be in accordance with the regulations set forth by the Americans with Disabilities Act (ADA), NC Department of Transportation (NCDOT), and NC Division of Motor Vehicles (NCDMV) ADA requirements. All handicapped spaces shall be identified by pavement markings and appropriate signage approved by the NCDOT. Handicapped parking shall be required on all multi-family and non-residential sites. 16. Handicapped parking spaces shall be located in closest proximity to major building entrances, but in no event shall such spaces be located more than 100 feet from a major building entrance. 17. Handicapped parking spaces shall be a minimum of 8 feet in width by 20 feet in length and shall have an adjacent access aisle that has a minimum width of 5 feet. Two accessible parking spaces may share a common access aisle. 18. The minimum number of accessible spaces to be provided for all multi-family and non-residential sites is as follows: Total Number of Minimum Number of Spaces in the Lot Accessible Spaces 1 to to to to to to or more 7 plus one for every 100 spaces over The number of accessible spaces shall be in addition to those required by the minimum parking ratios. 20. All spaces for the disabled shall have access to a curb-ramp or curb-cut when necessary to allow access to the building served, and shall be located so that users will not be compelled to wheel behind parked vehicles. 21. Parallel parking spaces for the disabled shall be located either at the beginning or end of a block or adjacent to alley entrances. Elective curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors. 22. The first one out of every eight accessible parking spaces shall be a van accessible space. Van parking spaces shall have an adjacent access aisle a minimum of eight feet in width and a vertical clearance of at least eight feet along the vehicular route to the parking space. Adopted November 8, 2012 Page 9-6 Article 155.9

139 ARTICLE PERFORMANCE STANDARDS Off-Street Parking Requirements Per Land Use No certificates of occupancy shall be issued for any units until the required number of parking spaces, with ingress and egress are fully constructed. In the event any of the required parking spaces for units for which certificates of occupancy are requested are provided on noncontiguous parking lands, such lands shall be fully constructed and dedicated by recorded lease agreement or memorandum of lease in accordance with all of the standards of this section before the certificates of occupancy shall be issued. If the lease agreement is terminated, then the conditional use permit or the permitted use becomes invalid. The following off-street parking space shall be required and shall conform to the standards contained in subsection Uses Residential Single-family Duplexes/Multi-family Adult care home Assisted living residence Auditoriums/meeting rooms and hotel or motel operated restaurants Automobile service station Barber shop Beauty shop Car washes Child care center Churches Dry cleaners or laundries Family care home Financial institution/bank Fishing piers Required Off-Street Parking Determined by the number of toilet fixtures in the residence (singlefamily) or in the individual dwelling unit (duplex/multi-family) in accordance with the following: Toilet or more 5 One space per two beds. One space per two bedrooms. Parking spaces per dwelling unit One parking space for each four persons as stated on the maximum posted occupancy placard except that hotels and motels containing 50 or more rooms may be allowed to reduce this requirement by 50%. Three spaces per service bay, plus one space per wrecker or service vehicle and two spaces for each pump. Two spaces per operator plus one space for each employee. Three spaces per operator plus one space for each employee. One space for each employee. One space per teacher or staff, plus space for one car drop off and pickup or stacking for one car per ten children, whichever is greater. One parking space for each four seats in the sanctuary. One space per four rental pieces of equipment. One space per four licensed beds. One space per 200 square feet of gross floor area. A minimum of 25 parking spaces plus one additional space for each 175 square feet of gross floor area in pier house and other covered areas, plus one parking space for each two employees on the largest shift. Adopted November 8, 2012 Page 9-7 Article 155.9

140 ARTICLE PERFORMANCE STANDARDS Uses Required Off-Street Parking Home occupation In addition to residence requirements, one parking space per 175 square feet of floor space devoted to the home occupation use. Industrial uses Library, museum, and art galleries Light construction/marina Marina/boatominiums Motels; hotels Multi-unit assisted living with services Nursing homes Offices, professional businesses or public agencies Public or private clubs Public or private indoor recreation facility, including community center Residential child-care facility Restaurants and places of entertainment Retail uses not otherwise listed Schools, public Shopping center complex Theaters Tourist and guest homes, including bed and breakfasts Vessel for hire One parking space for each employee on the largest shift. One space per 300 square feet. One parking space per each two employees on the largest shift. One parking space for each slip in the marina plus one parking space for each four dry storage spaces. One parking space for each room to be rented, 1.5 parking spaces for each two-room suite to be rented, two parking spaces for any suite above two rooms to be rented, plus one additional parking space for each two employees. One space per two bedrooms One space per three beds, plus one space per staff doctor or practitioner. One parking space for each 225 square feet of gross floor area. One parking space for each 100 square feet of gross floor space plus one parking space for each two employees. One space for each 250 square feet of gross floor area. One space for each staff member plus one space per five children. One parking space for each four persons as stated on the maximum posted occupancy placard plus one additional parking space for each two employees on the largest shift. One parking space for each 225 square feet of gross floor area. One parking space for each classroom and administrative office. 5.5 parking spaces for each 1,000 square feet of gross floor area. One parking space for each three seats in the auditorium. One parking space for each room to be rented plus one additional parking space for each three employees. One parking space for each two persons. The total required parking spaces shall be determined by dividing by two the number of persons that the vessel is permitted to carry based on the Certificate of Inspection issued for that vessel by the United States Coast Guard. In addition, there shall be required one parking space for each employee working on the vessel. Adopted November 8, 2012 Page 9-8 Article 155.9

141 ARTICLE PERFORMANCE STANDARDS Exception in Parking Requirements. (A) (B) (C) Parking required for uses in districts zoned commercial or public or semi-public (G-1) may be provided within 400 feet of the main entrance to the principal use and located in any commercial zone if the required off-street parking cannot be reasonably provided on the same lot on which the principal use is located. If the off-street parking space required by this Ordinance for districts zoned residential cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any land within 400 feet of the main entrance to, and within the same zone as, such principal use. The Board of Aldermen may grant an exception in off-street parking requirements for the alteration or conversion of an existing building in commercial districts or construction of a mixed use development after a finding by the Board of Aldermen that: (1) The proposed use is directed primarily toward pedestrian trade existing in the area; and (2) The character of existing development or properties within 400 feet prohibit the acquisition of land for parking; and (3) That one parking space for each two employees shall be provided. An exception to this standard may be granted for mixed use developments as provided in this section Off-Street Parking Access to Paved Street No building or land use of any kind for which 75 or more off-street parking spaces are required under the terms of this section shall be permitted in any zoning district unless the lot on which the building or land use is located, adjoins and has access to a paved street, as defined in this Ordinance, having at least two paved lanes for traffic and one paved lane for parking. Where the street facility does not exist at the time a project of land use is proposed, the developer shall be required to provide such additional right-of-way as may be necessary for this purpose. Adopted November 8, 2012 Page 9-9 Article 155.9

142 ARTICLE PERFORMANCE STANDARDS Parking Space Arrangements and Dimensions Parallel Parking a. Length 23 feet b. Width 7 feet 5 inches 90 Degree Parking a. Length 18 feet b. Width 9 feet c. Aisle Width 24 feet d. Two Row Parking with Aisle 60 feet total Compact Cars e. Length 16 feet f. Width 8 feet 60 Degree Parking a. Length 20 feet 1 inch - measured from the end of striping perpendicular to the curb b. Width 9 feet c. One-Way Aisle Two-Way Aisle 16 feet 20 feet d. Two Row Parking with One-Way Aisle Two Row Parking with Two-Way Aisle 56 feet 2 inches total 60 feet 2 inches total Compact Cars e. Length 17 feet 6 inches - measured from the end of striping perpendicular to the curb f. Width 8 feet Adopted November 8, 2012 Page 9-10 Article 155.9

143 ARTICLE PERFORMANCE STANDARDS Parking Space Arrangements and Dimensions (continued) 45 Degree Parking a. Length 19 feet, 1 inch - measured from the end of striping perpendicular to the curb b. Width 9 feet c. One-Way Aisle Two-Way Aisle 15 feet 20 feet d. Two Row Parking with One-Way Aisle Two Row Parking with Two-Way Aisle Compact Cars 53 feet 2 inches total 58 feet 2 inches total e. Length 16 feet, 6 inches - measured from the end of striping perpendicular to the curb f. Width 8 feet 30 Degree Parking a. Length 15 feet, 11 inches - measured from the end of striping perpendicular to the curb b. Width 9 feet c. d. One-Way Aisle Two-Way Aisle Two Row Parking with One-Way Aisle Two Row Parking with Two-Way Aisle 14 feet 19 feet 45 feet10 inches total 50 feet 10 inches total Compact Cars e. Length 14 feet, 6 inches - measured from the end of striping perpendicular to the curb f. Width 8 feet Adopted November 8, 2012 Page 9-11 Article 155.9

144 ARTICLE PERFORMANCE STANDARDS SECTION OFF-STREET LOADING FOR COMMERCIAL AND INDUSTRIAL USES (A) (B) The number of off-street loading spaces required by this section shall be considered as the absolute minimum and the developer shall evaluate his own needs to determine if they are greater than the minimum specified by this section. For purposes of this section, an offstreet loading berth shall have minimum plan dimensions of 12 feet by 25 feet and 14 feet overhead clearance with adequate means for entrance and exits. A loading space requirement may be modified or waived by the Board of Aldermen on application in the case of a bank, theater, assembly hall, or other building or similar limited loading space requirements. Minimum Number of Required Off-Street Loading Berths. Square Feet of Gross Floor Area Required Number of Berths 0-20, ,001-40, , ,000 2 PART II. DRIVEWAY CONSTRUCTION SECTION PERMIT TO CONSTRUCT DRIVEWAY REQUIRED No person shall construct, reconstruct or repair any driveway within the town without first obtaining from the Code Enforcement Official a zoning permit to do so. Such person shall construct, reconstruct and repair such driveway under the supervision of the Code Enforcement Official, and in accordance with specifications as may be prepared by the Code Enforcement Official and adopted by the Board of Aldermen. The specifications prepared by the Code Enforcement Official for driveway construction shall include type of construction, materials used, dimensions regarding width, spacing, location, and situation with respect to street intersections and property lines as may be deemed necessary by the Code Enforcement Official to promote safety and safeguard the general public. SECTION CONFORMITY OF SURROUNDING AREAS OF ABUTTING PROPERTY OWNERS; REFUSAL TO MAKE IMPROVEMENTS (A) The Board of Aldermen may, without petition of abutting property owners, require the construction, reconstruction, alteration or repair of sidewalks, driveways, curbs, gutters or drains in conformity with the provisions of the Wrightsville Beach UDO. Adopted November 8, 2012 Page 9-12 Article 155.9

145 ARTICLE PERFORMANCE STANDARDS (B) If any such improvements are required of a property owner and the property owner shall fail or refuse to make the same within 30 days after notice thereof, the Board of Aldermen may cause such improvements to be made and assess the cost thereof against the property abutting the improvement. In making and collecting assessment for such improvements, the procedure as outlined in the North Carolina General Statutes shall be followed. SECTION COSTS ASSESSED AGAINST PROPERTY ABUTTING SIDEWALK The cost of the construction, reconstruction or alteration of sidewalks, including the cost of grading and the construction of retaining walls necessary to provide lateral support for abutting property, shall be assessed against the property abutting the sidewalk. The cost of relocation and construction of driveways, steps, or other means or access to his or her property from the streets as he or she may deem necessary, shall be borne by the property owner. SECTION SPECIFICATIONS FOR DRIVEWAY CONSTRUCTION (A) (B) (C) (D) The specifications for driveway construction set forth herein are intended to regulate access from public and private streets or public and private rights-of-way to the adjoining property. All driveways lawfully permitted at the time of adoption of this UDO shall be permitted to continue as currently constructed, provided that the existing driveway is defined and/or improved in a manner that permits its location to be determined without question. Any structure or vacant lot existing at the date of adoption of this section and having fewer driveways on the date of adoption of this section than are permitted in accordance with subsection (E) below, may apply for additional driveways to the extent permitted by subsection (E) below and other provisions of this section. If an existing structure does not have a defined driveway, then driveway locations will be established by the town consistent with the provisions of this section for new structures. All matters related to driveways shall be decided by the Director of Planning and Parks or his or her designee. Any property owner dissatisfied with a decision of the Director of Planning and Parks or his or her designee may appeal such decision to the Town Manager by delivering written notice of appeal to the Town Manager within 30 days of the decision of the Director of Planning and Parks or his or her designee. The decision of the Town Manager in this matter shall be final. Adopted November 8, 2012 Page 9-13 Article 155.9

146 ARTICLE PERFORMANCE STANDARDS (E) The following requirements shall apply to the construction of new driveways and the removal and replacement of existing driveways: (1) Commercial properties, to include properties with combined commercial and residential uses, shall be permitted one driveway not to exceed 26 feet in width and must be compliant with the North Carolina Fire Code. If in the interest of the general public it is deemed necessary to construct a wider driveway entrance for a commercial property, special permission to do so may be granted by the Board of Aldermen. Notwithstanding the foregoing, mixed-use developments approved by the Board of Aldermen pursuant to Section may be permitted more than one driveway. (2) Driveways on lots located within a residential district shall be permitted as follows: (a) (b) (c) A vacant lot may have one driveway not to exceed 12 feet in width including flares. A single family residence may have one driveway not to exceed 24 feet in width including flares or two driveways not to exceed 12 feet each in width including flares. A duplex may have one driveway not to exceed 30 feet in width including flares or two driveways not to exceed 15 feet each in width including flares. (d) In the event driveways are separated, they shall be separated by at least 16 feet of space. The use of an expansion joint no greater than two inches in width shall not be considered separation of a driveway. Provided that on any lot having a width adjoining a street right of way of less than fifty-five feet, driveways shall be separated by at least 8 feet of space. (3) Driveways shall not encroach into the required setback for the lot in question. Provided that driveways may encroach into the required side yard setback for lots on which structures exist that have been determined to be pre-firm (as defined in Appendix A, Definitions) if the following conditions are met: (a) (b) The driveway encroaching into the required side yard setback must be constructed of pervious materials; The total width of driveways, to include driveways encroaching into the side yard setback as permitted by this subsection, may not exceed the permitted width of driveways as set forth in this subsection (E). Adopted November 8, 2012 Page 9-14 Article 155.9

147 ARTICLE PERFORMANCE STANDARDS (c) (d) No driveway may encroach into a required side yard setback without the prior written consent of the Board of Aldermen if the creation of such driveway causes a metered on-street parking space to be eliminated; and All other provisions of this section are complied with. (F) (G) (H) (I) (J) If a structure has a driveway at the time of adoption of this section that does not comply with the provisions of subsection (E) above, and such structure is subsequently repaired, reconstructed, improved, or added to in such a manner as to meet the definition of "substantial improvement" as set forth in Appendix A, Definitions, the owner of such structure shall be required to bring the driveways into compliance with the provisions of subsection (E) above. All driveway entrance construction shall be of 3,000 pound per square inch, monolithic concrete, having a depth of not less than six inches throughout and shall be given a float finish to assure an even surface having suitable roughness. All driveway entrances and sidewalk surfaces shall be screened and given a float finish to assure an even surface having suitable roughness. Driveway entrances shall conform to the contour of the street pavement, making provision for drainage flows and gutter continuity, and shall rise not less than six inches above the gutter at the point at which the driveway reaches the property lines in order to assure containment of drainage flows and proper runoff. Expansion joints shall be placed at edges of driveways where sidewalks abut, and in aprons not less than 24 feet apart. Where existing driveway entrances do not conform to these regulations and constitute a hazard, obstruct drainage, or are in a dangerous state of repair, and the owner is instructed by the Board of Aldermen to repair said driveway entrance, or adjacent curbs and sidewalks as provided in this section, the owner shall submit a drawing showing the proposed new driveway to be placed in accordance with the ordinance and these regulations. Where streets are widened or curb and gutter sections are placed after driveways are installed, the owner of the property adjacent to the street where such improvements take place shall be assessed all costs of modification of said existing driveways in order to conform to the street improvements in accordance with the provisions of Article V of the Charter of the Town of Wrightsville Beach. All requests for a zoning permit to construct driveways shall be accompanied by a sketch showing the location of the property involved, the frontage concerned, and the location of any structures on the property. The inclusions of this information on site plans for building permits for new construction will be acceptable for the purpose of driveway permit issue. Adopted November 8, 2012 Page 9-15 Article 155.9

148 ARTICLE PERFORMANCE STANDARDS (K) (L) The street area immediately adjacent to a permitted driveway as described in this section shall be painted and/or marked so as to indicate that no-parking is permitted within the street right-of-way immediately adjacent to the permitted driveway. Parking shall be permitted on all other areas of the street except those portions of such street otherwise designated as no parking areas by this Unified Development Ordinance or action of the Board of Aldermen. Provided, that should the designation of no parking areas adjacent to permitted driveways as described herein result in permitted parking areas of a length of less than 15 feet, such area shall be designated as a no parking area. It shall be unlawful for any person except authorized employees of the town to paint, mark or otherwise designate no parking areas on a public street. Any person violating the provision of this section shall be subject to the penalties set forth in Section PART III. OUTDOOR LIGHTING SECTION PURPOSE This section sets forth criteria for the installation and acceptable levels of exterior lighting in the town. The purposes of this section are as follows: (A) (B) (C) (D) (E) (F) (G) (H) Preserve and enhance public safety; Protect drivers from disabling glare and thereby enhance traffic safety; Protect marine vessels from disabling glare on the waterways and thereby enhance navigation safety; Enhance the town's nighttime character; Shield neighboring properties from nuisance glare; Reduce light pollution, light trespass and the brightening of the night sky due to manmade lighting; Protect and not disrupt sea turtle nesting habitats; and Promote energy conservation through efficient light design and operation. Adopted November 8, 2012 Page 9-16 Article 155.9

149 ARTICLE PERFORMANCE STANDARDS SECTION COMMERCIAL EXTERIOR LIGHTING (A) Outdoor Parking Lots, Storage and Display Areas and Driveways. Lighting for outdoor parking lots, outdoor storage and display areas, and commercial driveways shall be designed to provide the minimum lighting necessary to ensure adequate public safety, to control excessive glare onto adjacent streets and properties, and to prevent light trespass onto adjoining properties, public rights-of-way, and any public trust waters. (1) General. (a) (b) All lighting fixtures used for the purpose of illuminating parking lots and driveways shall be full cut-off fixtures that meet the standards set forth in the definition as documented by the manufacturer's specification or a qualified engineer. Directional floodlighting fixtures must be full-cutoff or shielded and properly aimed so that the light source: 1. Does not produce glare; 2. Does not produce up-lighting; and 3. Contains light so that it does not trespass onto adjoining properties, public rights-of-way, and any public trust waters. (c) The maximum mounting height for pole-mounted fixtures intended to illuminate parking lots is 30 feet measured from the base of the pole. (2) Special Design Areas. Lighting fixtures of a particular period or architectural style such as carriage lights and post lights, may be used in special design areas. In such areas, fixtures that are not full cut-off are permitted provided that: (a) The maximum initial lumens generated by each lamp shall not exceed 500 lumens, according to the manufacturer's specifications (the purpose of this lumen cap is to avoid cumulative use of lights that may be too bright or that may cause trespass); and (b) (c) Post top shall be fitted with a solid top to control up-lighting and reduce glare; and Fixture mounting height is no more than 16 feet above grade level. Adopted November 8, 2012 Page 9-17 Article 155.9

150 ARTICLE PERFORMANCE STANDARDS (3) Standard. All illumination of parking lots, outdoor storage and display areas and commercial driveways shall comply with the intensities and uniformity ratios in Section or by the standard within this section whichever is more stringent. (B) Commercial Building Exteriors and Parking Garages. These provisions apply to all buildings and uses within the town's Commercial and Public/Semi-Public Zoning Districts and to any non-conforming nonresidential uses in other zoning districts. (1) General. Exterior building lights may be mounted in front, at ground level, or wall mounted provided that: (a) (b) (c) (d) (e) All light fixtures, wherever mounted, are properly aimed and full cut-off or shielded to confine the light to the area of the building being lighted and to prevent light trespass. Wall-mounted light fixtures may be mounted no higher than 20 feet above grade. The fixtures must be full cut-off or shielded and aimed to avoid uplighting. Ground mounted fixtures must restrict up-lighting. Bare light sources (including but not limited to festive light strands, incandescent, fluorescent, high intensity discharge, and neon) used to outline property lines, open sales areas, roof lines, doors, windows, the edges of walls or any other area of the building or property visible from outside the building are prohibited, except for holiday lighting permitted from Thanksgiving through January 15th of the new year. The maximum illumination level on any vertical surface or roof of a commercial building shall not exceed 3.0 average foot-candles of vertical illuminance. (2) Gas Station/Convenience Store Canopies. (a) (b) Light fixtures above 200 watts mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restricted to no more than 85º from vertical. The illumination level for canopy lighting measured at the pavement/ground level shall not exceed 10 average maintained foot-candles. Adopted November 8, 2012 Page 9-18 Article 155.9

151 ARTICLE PERFORMANCE STANDARDS (3) Parking Garages. (a) (b) Lighting located outside the structure shall comply with the requirements of subsection (C)(1) below. Lighting located inside the structure providing illumination that is visible from the exterior of the structure shall be full cutoff or shielded by the structure, shield, visor, hood, or louvers in a manner that contains light and glare within the structure and meets this section s standards for light trespass. The illumination level of interior lighting that is visible from the exterior of the structure shall comply with the intensities and uniformity ratios in Section (4) Standard. All illumination of commercial building exteriors, gas and convenience store canopies, and parking garages shall comply with the intensities and uniformity ratios in Section or by the standard within this section whichever is the more stringent. (C) Commercial Docks and Piers. Lighting for commercial docks and piers shall minimize glare, trespass, and restrict up-lighting. (1) All lighting fixtures must meet the following standards: (a) (b) (c) (d) Fixtures must be full cut-off or shielded and properly aimed so that they control glare, do not produce up-lighting, and contain light to prevent trespass on adjoining uplands, public rights-of-way and public trust waters. Disabling glare that impairs the ability of boaters to safely traverse public trust waters shall be prohibited. Mounting height shall be as low as practicable but in no case shall the fixture be mounted higher than 25 feet above the lowest platform of the dock or pier. Bare light sources (including but not limited to festive light strands, incandescent, fluorescent, high intensity discharge, and neon) used to outline commercial docks and piers are prohibited. (2) Standard. All illumination of docks and piers shall comply with the intensities and uniformity ratios in Section or by the standard within this section whichever is the more stringent. Adopted November 8, 2012 Page 9-19 Article 155.9

152 ARTICLE PERFORMANCE STANDARDS SECTION RESIDENTIAL EXTERIOR LIGHTING (A) (B) General. Fixtures using lamps (bulbs) of 60 watts/640 lumens or less for incandescent bulbs (frosted) or 25 watts for clear lamps, such as typical porch lights, may be installed at any location in residentially zoned areas. Security Lighting. (1) Motion Activated Security Lighting. Unshielded flood and spot lights, with lamps of 45 watts/520 lumens or less or their equivalent (this information is specified on the retail packaging), installed for security and activated by motion sensors are permitted. These unshielded lights must be mounted and aimed in a manner that minimizes up-lighting and light trespass and that is consistent with the security purposes of the lights. (2) All other flood and spot light fixtures must have top and side shields capable of containing light below the roof line of the house and reducing light trespass on adjoining properties to the maximum extent feasible. (C) (D) Landscape and Decorative Lighting. Landscape and decorative lighting using quarts halogen lamps of 36 watts/110 volt system or less is permitted (or the equivalent low-voltage system rating), provided that the light is installed and aimed to prevent up-lighting and light trespass and shielded to prevent view of the bulb from the public right- of-way. Area lights or "dusk to dawn" lights are permitted, as follows: (1) These lights must be full cut-off or shielded. (2) If pole mounted on the ground, the fixture mounting height may be no more than 16 feet above grade at the base of the pole. (3) If wall mounted, the fixture mounting height may be no more than 16 feet above grade, or 10 feet above any first floor of houses constructed on pilings, measured from the level of the lowest habitable floor. (E) Standard. All illumination of residential exteriors shall comply with the intensities and uniformity ratios in Section or by the standard within this section whichever is the more stringent. Adopted November 8, 2012 Page 9-20 Article 155.9

153 ARTICLE PERFORMANCE STANDARDS SECTION PRIVATE PIERS AND DOCKS INCLUDING RESIDENTIAL (A) All lighting fixtures must meet the following standards: (1) Fixtures must be full cut-off or shielded and properly aimed so that they control glare, do not produce up-lighting, and contain light to prevent trespass on adjoining uplands, public rights-of-way and public trust waters. (2) Disabling glare that impairs the ability of boaters to safely traverse public trust waters shall be prohibited. (3) Mounting height shall be as low as practicable but in no case shall the fixture be mounted higher than 25 feet above the lowest platform of the dock or pier. (4) Bare light sources (including but not limited to festive light strands, incandescent, fluorescent, high intensity discharge, and neon) used to outline private piers and docks are prohibited. (B) Standard. All illumination of parking lots, outdoor storage and display areas and commercial driveways shall comply with the intensities and uniformity ratios in Section or by the standard within this section whichever is the more stringent. SECTION SIGNS Lighting of signs shall comply with the provisions of Article In addition, the following requirements apply: (A) (B) (C) Lighting fixtures used to illuminate on-premise commercial signs must be mounted at the top of the sign structure. The sign lighting fixture(s) must be fully-shielded to control glare, to prevent encroachment on neighboring properties and rights-of-way and to contain light so that it is projected below an horizontal plane extending through the fixture. The height of the sign lighting fixture shall be no greater than the maximum permitted height of the sign. Adopted November 8, 2012 Page 9-21 Article 155.9

154 ARTICLE PERFORMANCE STANDARDS SECTION OTHER REQUIREMENTS (A) (B) No lighting fixture or device may be operated in such a manner as to constitute a hazard or danger to persons, or to the safe operation and navigation of vehicles or watercraft. The following are exempt from the requirements of this section: (1) Situations where federal and state laws, rules and regulations take precedence; (2) Location and operation of traffic control devices; and (3) Situations where there are special requirements, such as public monuments and flag lighting, provided, however, that such lighting shall be selected and installed to shield the lamp(s) from direct view to the greatest extent possible and to minimize upward lighting and trespass. SECTION NONCONFORMITIES (A) (B) (C) (D) (E) This section shall be effective immediately upon adoption by the Board of Aldermen of the town and shall supersede and replace all previous ordinances pertaining to outdoor lighting. Any outdoor lighting not in conformity with the requirements of this Ordinance and lawfully in place prior to the effective date of this Ordinance shall be removed or rendered in compliance with this Ordinance within three years of its effective date. After the effective date of this Ordinance, any lighting system that replaces a lighting system not in conformity, or any lighting system that is moved, must meet the standards of this Ordinance. Non-conforming lighting systems that cause disability glare to motorists or cyclists or that directs light toward public waters so as to cause disability glare to operators of watercraft shall be either fully-shielded as directed in this section or re-directed within 90 days of notification so that the lighting system does not cause a potential hazard to motorists, cyclists or watercraft operators. Non-conforming lighting systems that cause light trespass or up-lighting which can be corrected by redirecting the fixture shall be re-directed to eliminate the trespass or uplighting within 90 days of notification. Adopted November 8, 2012 Page 9-22 Article 155.9

155 ARTICLE PERFORMANCE STANDARDS SECTION MAXIMUM ILLUMINATION STANDARDS The figures in this table represent maximum levels of illumination for roadways, parking lots, and building exteriors. Roadways Major road Local road Type of Land Use Parking Lots High activity (i.e., fast food facilities) Medium activity (i.e., office, residential complex, or hotel) Low activity (i.e., neighborhood shopping, schools, or churches) Building Exteriors Entrances, active (pedestrian, conveyances) Entrances, inactive (locked doors) Vital locations or structures Surroundings Horizontal Illuminance (Foot-candles) Average Commercial Docks and Piers Minimum Uniformity Ratio (Average to Minimum) 3:1 6:1 4:1 4:1 4:1 Note: Where conflict is found between the standards set forth in Sections through and this Section, the more conservative, lower illuminance standard will be the standard of choice. PART IV. LANDSCAPE, BUFFERING, AND SCREENING SECTION PURPOSE The purpose of this section is to establish minimum requirements to provide adequate visual buffering and screening of structures, parking areas, and other uses. The intention of these requirements is to satisfy the following objectives: (A) (B) To provide attractive visual buffering between different land uses and enhance town beautification. To safeguard and enhance property values and to protect public and private investment by providing standards for the protection of existing vegetation and root zones and the installation of new vegetation. Adopted November 8, 2012 Page 9-23 Article 155.9

156 ARTICLE PERFORMANCE STANDARDS (C) (D) (E) (F) To mitigate stormwater runoff and erosion, enhance air quality, conserve energy, and aid in abating noise, glare and heat. To encourage the use of the recommended plants in this section as well as native species and related cultivars of trees and shrubs. To promote long term plant health through proper installation methods. To promote visibility and safety. SECTION APPLICABILITY (A) Article 155.9, Part IV shall be applicable when the following situations apply: (1) Residential Development. When eight or greater parking spaces are required for all phases of development excluding all residential developments which contain solely detached single-family dwelling units. (2) Nonresidential Development. (a) (b) (c) (d) (e) New Construction. When a permitted use, a use or combination of uses contained within a conditional use permit require ten or greater parking spaces. Existing Development. When there is a change from an existing use to a new use which requires additional parking and the new use requires ten or greater parking spaces. Expansion of Structure. When there is an expansion of an existing structure by greater than 10% of the gross floor area and that use requires ten or greater parking spaces. Reconstruction of Structure. When there is damage or destruction to an existing structure beyond 50% of its assessed value, the reconstruction must conform to the new construction standards of this section. Expansion of Parking Facility. When there is an expansion of the parking facility by a minimum of 10% of the parking with a minimum of ten total spaces. Adopted November 8, 2012 Page 9-24 Article 155.9

157 ARTICLE PERFORMANCE STANDARDS (B) (C) (D) This section shall become effective on all applicable conditions that are met during a fiveyear cumulative period. This section shall not apply under any circumstance to properties in the C-1, Commercial District. Bufferyards which abut a Natural Water Feature shall be exempt from the requirements of that bufferyard. Adopted November 8, 2012 Page 9-25 Article 155.9

158 ARTICLE PERFORMANCE STANDARDS SECTION LANDSCAPING REQUIREMENTS Street Yard Requirements 1. Minimum Standards: The minimum depth of all street yards shall be 7.5 feet. For every 50 linear feet of frontage, or fraction thereof, the street yard shall contain a minimum of 3 Shade Trees and 6 Intermediate Shrubs. Newly installed plant material shall be evenly distributed where possible. 2. If there are existing trees in the proposed street yard area, the UDO Administrator may grant credit toward the requirement for preservation of those trees, provided their caliper is at least 2 inches or more. 3. No planting material will be allowed which, at planting or maturity, will impede vision between a height of 3 feet and 10 feet in a triangular area formed by a diagonal line between two points on a driveway or public right-of-way, 20 feet from where they intersect. Parking Facility Requirements 4. Minimum Standards: For parking facilities having 15 or more parking spaces, at least 8% of the gross paved area shall be landscaped and located in the interior of the facility. 5. Planting islands shall include at least one Shade Tree or one Small Tree and 6 Small Shrubs. At least 50% of the trees planted shall be Shade Trees. 6. In support of the above, the following standard shall apply to interior plantings: a. All planting shall be evenly distributed throughout the parking facility. b. All interior plantings shall be curbed or otherwise physically protected. c. Consecutive parking spaces shall incorporate landscaped islands no more than 15 spaces apart and at the ends of all parking rows. Landscaped islands shall contain at least 100 square feet in area and be at least 8 feet in width, measured from back of curb to back of curb. Adopted November 8, 2012 Page 9-26 Article 155.9

159 ARTICLE PERFORMANCE STANDARDS SECTION BUFFERYARDS Adopted November 8, 2012 Page 9-27 Article 155.9

160 ARTICLE PERFORMANCE STANDARDS SECTION ADDITIONAL REQUIREMENTS FOR BUFFERS AND FOR YARDS IN WHICH BUFFERS ARE REQUIRED (A) (B) (C) Existing Trees and Shrubs. Any existing trees or shrubs within required bufferyards shall be encouraged to be utilized and supplemented as necessary to meet bufferyard screening requirements. Existing trees and shrubs intended to meet bufferyard screening requirements shall be protected from detrimental actions such as vehicle or equipment movement, excavating and grading, and installation of storage or structured elements. Uses in the Bufferyard. No activities shall occur in the bufferyard except for maintenance of the bufferyard, required ingress and egress and the installation and maintenance of water, sewer, electrical, and other utility systems where the installation causes minimal disturbance of existing vegetation. Uses in the Rear Yard and Side Yards Abutting a Residential Use. The following uses shall be shielded from view from the property line of the residential use by means of an Opaque Fence or Opaque Wall: (1) Dumpsters or other trash holding areas. (2) Outside storage areas. (3) Loading/unloading areas. (D) Encroachment into Setbacks. (1) If an existing structure is located within a setback where the implementation of the Streetyard and/or Bufferyard requirements are physically impossible and the encroachment into the yard (streetyard bufferyard) allows for a minimum of three (3) feet of planting area, only the required shrubs shall be planted. (2) If the encroachment into the yard (streetyard or bufferyard) allows for less than three (3) feet of planting area, no planting will be required in that yard; and (a) (b) For every yard (streetyard or bufferyard) in which the situation exists, one (1) additional Small Tree shall be planted in each streetyard or bufferyard not encroached upon; or For every yard (streetyard or bufferyard) in which the situation exists, five (5) feet of additional yard width shall be added to a yard (streetyard or bufferyard); or Adopted November 8, 2012 Page 9-28 Article 155.9

161 ARTICLE PERFORMANCE STANDARDS (c) If all four yards (streetyard and three bufferyards) allow less than three (3) feet of planting area, no planting shall be required. (E) It is recommended and encouraged that native species and related cultivars be planted. SECTION INSTALLATION (A) (B) Plants shall meet the standards for plant quality and size as defined in the most recent version of the American Standard for Nursery Stock manual. Plants shall be installed per the installation details included in Appendix B of this Ordinance. SECTION MAINTENANCE (A) (B) (C) All existing vegetation that is used to meet landscaping requirements, all required plants, and all required berms shall be maintained by the owner of the property on a continuing basis for the life of the development. Opaque Fences or Opaque Walls shall be maintained, cleaned and repaired by the owner of the property on a continuing basis for the life of the development. Such fencing shall be kept free of litter and advertising. A new certificate of occupancy/building permit or a complaint will result in an inspection for compliance. SECTION LANDSCAPE PLAN (A) Landscaping plans shall be submitted at the time of application for the Building Permit or Conditional Use Permit, if a Conditional Use Permit is required. These plans shall contain the following information: (1) Date of plan preparation. (2) Project name and description of land use. (3) Project owner and mailing address. (4) A map at a scale of 1" = 50' or less showing: (a) North arrow. Adopted November 8, 2012 Page 9-29 Article 155.9

162 ARTICLE PERFORMANCE STANDARDS (b) (c) (d) (e) (f) (g) (h) Scale. Locations, dimensions and square footages of required bufferyards and parking lot landscaping. Details of required landscaping showing species, dimensions, and spacing of planted materials and the use and protection of existing vegetation. Location and square footage of structures and parking lots. Approximate locations of all trees greater than two-inches caliper within required buffers and of all areas of natural vegetation to be used as part of the buffer. Setbacks of all structures and specifications and shielding of certain uses, as required. Proposed schedule for landscaping. (B) No Certificate of Occupancy for any construction or renovation shall be approved by the UDO Administrator until the required landscaping is completed in accordance with the approved plan. SECTION TREE PRESERVATION (A) Purpose. (1) The purpose of this section is to protect important trees located at Wrightsville Beach, to provide wildlife habitat, to provide stabilization of sand and soil, and to provide a vital link in natural stormwater management through absorption. Trees act as a filter helpful to maintaining the health and quality of waters. (2) The objectives of this section are as follows: (a) (b) (c) Maintain and enhance property values; Preserve and enhance the visual appearance of the Town of Wrightsville Beach; Preserve unique and productive coastal habitats; Adopted November 8, 2012 Page 9-30 Article 155.9

163 ARTICLE PERFORMANCE STANDARDS (d) (e) (f) Reduce impacts of development on the town s stormwater system; Assist the town in preserving and enhancing the quality of its estuarine waters; and Increase tree canopy. (B) Tree Protection Permit Required. (1) No protected tree shall be removed or be caused to be removed, through injury or damage, from public or private property without first obtaining and having an approved tree removal permit. Removal of any protected tree is prohibited except in accordance with an approved tree protection plan. The following tree removal activities may be undertaken without an approved tree protection plan and that is consistent with good horticultural practices: (a) Clearing or maintenance of town rights-of-way. (b) Clearing or maintenance required by the town in accordance with Section 2.6 (Site Visibility Triangle). (c) (d) (e) Emergencies. During the period of an emergency such as a hurricane, tropical storm, flood, ice storm or any other act of nature that causes damage to a tree such that it imperils life, property, or other trees. A permit shall not be required in order to remove minor tree limbs or to do other minor pruning. Hazardous trees. In the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and requires immediate removal without delay, verbal authorization may be given by the Planning and Inspections Department and the trees removed without obtaining a written permit as herein required. (2) Public utilities removing trees or cutting trees in conjunction with construction, maintenance or repair of utility lines shall be subject to the following requirements: (a) A public utility shall submit a tree protection plan and shall acquire a tree protection permit before removing any protected tree within a utility easement or right-of-way. There shall be no charge for such permit. Adopted November 8, 2012 Page 9-31 Article 155.9

164 ARTICLE PERFORMANCE STANDARDS (b) A public utility shall submit a tree protection plan and shall acquire a tree protection permit before undertaking any tree trimming or pruning activities in connection with the construction, maintenance or repair of utility lines within a utility easement or right-of-way. There shall be no charge for such permit. (C) Tree Protection Permit Application and Procedure. A tree removal application and tree protection plan must be filed with the town and approved by the UDO Administrator or their designee prior to protected tree removal. Requests for multiple tree removal shall be specified on the application. A permit will be issued for any approved plan. The fee for submission of a plan is set forth in the schedule of fees. (1) Tree protection plans submitted in connection with applications for permits for the removal, relocation or replacement of trees shall include the following information and details which shall be summarized on the plan: (a) (b) (c) (d) (e) Name of property owner. Date, including the month, day, and year that the original drawing was completed and the month, day, and year for each revision to the original drawing. Location of all existing or proposed structures, improvements and site uses, property dimensions and referenced property lines, setback and yard requirements as they apply to tree removal. The common names, sizes and location of all protected trees on the site, designating the trees which are respectfully to be retained, removed, relocated, or replaced. Trees proposed for removal shall be marked with an X through the tree symbol in the document. Trees not marked shall be conserved. The location and type of trees that will be planted after development or construction and the time frame for completion of such planting. (2) The UDO Administrator or his or her designee will review the tree protection plan according to the requirements in this section. (D) Standards for Plan Approval or Denial. Protected trees are to be retained and protected to the maximum extent feasible. The UDO Administrator or his or her designee shall issue or deny a tree permit within five business days of receiving application for such. No permit Adopted November 8, 2012 Page 9-32 Article 155.9

165 ARTICLE PERFORMANCE STANDARDS shall be issued for the removal of protected trees unless one of the following conditions exists: (1) The tree is located in the buildable area of a yard area where a structure or improvements may be placed and it unreasonably restricts the permitted use of the property and such trees cannot reasonably be relocated elsewhere on the property. Necessity to remove trees in order to construct proposed improvements as a result of the following: (a) (b) (c) (d) Need for access to the building site for construction equipment; Essential grade changes for surface water drainage and utility installations; Location of proposed structure and required driveway(s); and Location of proposed parking spaces and associated circulation required to be installed by Article 155.9, Part I. (2) The tree cannot be relocated on or off the site because of the age, type, or size of the tree. (3) The tree is diseased, injured, in danger of falling, too close to existing or proposed structures, interferes with existing utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations. (4) Where tree removal is consistent with an approved subdivision plat or site plan. (5) It is in the welfare of the general public that the tree be removed for a reason other than set forth above. (6) If a plan is approved that allows the removal of protected trees, the approval shall be conditioned upon compliance with a mitigation plan meeting the standards of the mitigation policy in subsection (F). (E) Tree Protection During Construction. Tree preservation is a pre-planning activity and will be thoroughly considered prior to development of engineering and/or architectural plans and prior to initiation of construction projects. Protected trees shall be guarded during development against the following: (1) Unnecessary cutting, breaking or skinning of roots. (2) Skinning and bruising of bark. Adopted November 8, 2012 Page 9-33 Article 155.9

166 ARTICLE PERFORMANCE STANDARDS (3) Excessive vehicular and foot traffic within drip lines. (4) Parking vehicles within drip lines. (5) During the land clearing and construction stage of development, the developer shall erect and maintain protective barriers (to the Building Inspector s specifications consistent with good management practices) around all trees or groups of trees to be protected. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the protective barrier. (6) During the construction stage of development, the developer shall not allow the cleaning of equipment or material within the drip line of any tree or groups of trees to be protected. Neither shall the developer allow the disposal of waste materials such as paint, oil solvents, asphalt, concrete, mortar and so on within the drip line of any tree or groups of trees. (7) No attachments or wires other than those of a protective nature shall be attached to any tree. (8) Soil disturbances within the drip line of a protected tree shall be limited to two inches in depth removed or two inches in depth added. Any soil added under the drip line of the tree shall be a loamy soil mix to ensure minimal compaction. (9) During land clearing and construction stage of development, the UDO Administrator shall periodically inspect the site to insure compliance with the provisions of this section. (10) Tree location and replacement activity permitted or required under this section shall be done in accordance with standard forestry practices and procedures, and all such plantings shall be reasonably maintained and attended to promote successful establishment thereof. (F) Tree Loss Mitigation Policy. To offset negative impacts to natural environment, aesthetics, and property values of Wrightsville Beach and to uphold the intent of this section, the following tree replacement schedule shall be followed, which shall be in addition to any and all fees and/or fines paid or incurred by a party that removes or alters a tree, the effect of which is to eliminate it. (1) All protected trees removed shall be replaced in accordance with the following criteria: Adopted November 8, 2012 Page 9-34 Article 155.9

167 ARTICLE PERFORMANCE STANDARDS (a) (b) (c) All trees required by this section, all trees on town-owned property and other protected trees, excluding specimen trees, shall be replaced in a one-to-one ratio with trees that at maturity will be of comparable DBH and height of the tree removed. All replacement trees shall have a DBH of at least three inches when planted. Specimen trees shall be replaced on a two-to-one ratio with trees of the same species. All replacement trees shall have a DBH of at least three inches when planted. All mitigation shall occur on the property where the tree was removed. Mitigation in connection with construction shall be completed prior to issuance of a certificate of occupancy. (2) Tree loss mitigation shall not take effect when a tree removed is that lost to natural causes, such as age, disease, or storm, or other causes beyond the control of the landowner and property developer, such as a car crash or fire for which no party is found responsible. Tree loss mitigation shall take effect for all other trees allowed to be removed by permit from the UDO Administrator or by variance from the Board of Adjustment as well as for those trees altered or removed in violation of this section. (3) A developer or property owner may be excused from the requirement to install new required trees that would cause the lot in question to contain more than five total protected trees, to include new and existing trees, if the UDO Administrator determines that the size of a given property and presence of existing vegetation is such that the introduction of a significant number of new trees may be detrimental to both existing vegetation and proposed trees. The decision of the UDO Administrator in such matter shall be final. (G) Penalties. (1) Any person who violates the provisions of Article 155.9, Section 9.23, Tree Preservation, shall be deemed guilty of a misdemeanor or infraction punishable as provided in NCGS 14-4 and shall be subject to a maximum fine upon conviction of up to $2,500. Additionally, conviction thereof shall be grounds for the revocation or suspension of any permit granted for the construction or remodeling of any building or structure on the site so involved. (2) The violation of the provisions of Article 155.9, Section , Tree Preservation, shall subject the offender to a civil penalty for each violation as follows: Adopted November 8, 2012 Page 9-35 Article 155.9

168 ARTICLE PERFORMANCE STANDARDS (a) (b) (c) The removal of each protected tree, excluding specimen trees, without first obtaining an approved tree removal permit, shall subject the offender to a civil penalty in the amount of $500. The removal of each specimen tree without first obtaining an approved tree removal permit shall subject the offender to a civil penalty in the amount of $1,000. The violation of any other provision of Article 155.9, Section , Tree Preservation, shall subject the offender to a civil penalty of $50 for each violation. (d) Each day that a violation of Article 155.9, Section , Tree Preservation, as described in subsection (G)(2)(c) above continues shall constitute a separate and distinct offense and shall be subject to a fine of $50 per day. (3) No building permit or certificate of occupancy shall be issued for any improvements upon a property where the provisions of Article 155.9, Section , Tree Preservation, have not been complied with. A stop work order shall be issued until violations of the provisions of Article 155.9, Section , Tree Preservation, are corrected and until all fines and penalties are paid. (4) The UDO Administrator may defer any civil penalty levied under the provisions of Article 155.9, Section , Tree Preservation, if the offender obtains an approved tree permit and if the offender replants the disturbed area in accordance with an approved tree protection plan meeting the requirements of Article 155.9, Section , Tree Preservation. (5) Damages to protected trees shall be repaired to the maximum extent possible. Each tree removed, destroyed, or damaged in violation of Article 155.9, Section , Tree Preservation, shall be considered a separate offense. Adopted November 8, 2012 Page 9-36 Article 155.9

169 ARTICLE PERFORMANCE STANDARDS SECTION RECOMMENDED PLANT LIST The following is a recommended plant list to be utilized in the preparation of Landscape Plans to meet vegetation requirements. NOTE: Native vegetation is preferred. Plants not listed may be accepted by the UDO Administrator if they meet the standards defined by this section. Some plants are listed under multiple categories as many of these plants are offered in numerous varieties. Mature height and spread of each plant is contingent on the variety. It is highly recommended that Landscape Plans be prepared by or in consultation with a Registered Landscape Architect or qualified landscape design professional. Key: E = EVERGREEN N = NATIVE D = DROUGHT TOLERANT S = SALT TOLERANT (MODERATE TO HIGH) Botanical Name Common Name Shade Tree installed at foot height and 2-inch caliper, mature height greater than 30 feet Fagus grandifolia American Beech N Ginkgo biloba (male only) Ginkgo D, S Gleditsia tricanthos inermis Thornless Honeylocust N, S Liquidambar styraciflua American Sweetgum N, D Magnolia grandiflora Southern Magnolia E, N, D, S Nyssa sylvatica Black Gum N, S Quercus nigra Water Oak N, D, S Quercus shumardii Shumard Oak N, D, S Quercus phellos Willow Oak N, D, S Quercus virginiana Live Oak E, N, D, S Taxodium distichum Bald Cypress N, D Ulmus parvifolia Lacebark Elm D, S Small Tree installed at 8-10 foot height and 1-inch caliper, mature height less than 30 feet Acer buergerianum Trident Maple D, S Amelanchier canadensis Shadblow Serviceberry N Cercis canadensis Eastern Redbud N, D Cornus florida Dogwood N Fraximus americana White Ash N Ilex cassine Dahoon Holly E, S Ilex latifolia Lusterleaf Holly E, D Adopted November 8, 2012 Page 9-37 Article 155.9

170 ARTICLE PERFORMANCE STANDARDS Botanical Name Common Name Ilex opaca American Holly E, N, D, S Ilex vomitoria Yaupon Holly E, N, D, S Ilex x attenuate Fosters Foster s Holly E, D, S Ilex x Nellie Stevens Nellie Stevens Holly E, D Koelreuteria paniculata Goldenraintree D Lagerstromia Crapemyrtle D, S Magnnolia grandiflora Little Gem Little Gem Magnolia E, N, D, S Magnolia virginiana Sweetbay Magnolia N Magnolia x souangiana Saucer Magnolia D Osmanthus americanus Devilwood E, N, S Oxydendrum arboretum Sourwood N, S Persea borbonia Redbay E, N, S Prunus caroliniana Carolina Cherrylaurel E, D, S Quercus geminate Sand Live Oak E, N, S Vitex angus-castus Chastetree D, S Large Shrub installed at 5-foot height, maintained height at 6-10 feet Berberis julianae Wintergreen Barberry E, D, S Cleyera japonica Japanese Cleyera E Elaeagnus pungens Thorny Elaeagnus E, S Euonymous japonicas Japanese Euonymus E, S Ilex cornuta Holly E, D, S Ilex vomitoria Yaupon Holly E, N, D, S Ligustrum japonicum Wax Leaf Privet E, D, S Ligustrum lucidum Glossy Privet E, D Mahonia bealei Leatherleaf Mahonia E Myrica cerifera Southern Waxmyrtle E, N, D, S Nerium oleander Oleander E, S Osmanthus x fortunei Fortunes Osmanthus E, D Photina serulata Chinese Photina E Pittosporum tobira Japanese Pittosporum E, D, S Podocarpus macrophyllus Chinese Podocarpus E, D, S Rhaphiolepis umbellata Indian Hawthorn E, S Intermediate Shrub installed at 36-inch height, maintained height at 4-6 feet Abelia x grandiflora Glossy Abelia E, D Acuba japonica Japanese Acuba E, D, S Adopted November 8, 2012 Page 9-38 Article 155.9

171 ARTICLE PERFORMANCE STANDARDS Botanical Name Common Name Clethera alnifolia Sweet Pepperbush N, S Hydrangea macrophylla Bigleaf Hydrangea D, S Ilex cornuta Chinese Holly E, D, S Ilex crenata Japanese Holly E, D, S Ilex glabra Inkberry Holly E, N, D Juinperus chinensis Chinese Juniper E Loropetalum chinensis Chinese Fringe-Flower E Nerium oleander Oleander E Raphiolepis indica Indian Hawthorn E, S Sabal minor Dwarf Pametto E, N, D Viburnum suspensum Sandwanka Viburnum E, S Yucca filamentosa Yucca E, N, D, S Small Shrub installed at 18-inch height, maintained height at 3-4 feet Abelia x grandiflora (dwarf var.) Glossy Abelia E, D Acuba japonica (dwarf var.) Japanese Acuba E, D Berberis thunbergii Japanese Barberry D Buxus microphylla var. koreana Korean Boxwood E, D Euonymus japonicus Microphyllus Variegatus Var. Boxleaf Euonymus Gardenia jasminoides Radicans Cape Jasmine E, D Ilex crenata Soft Touch Japanese Holly E, D, S Ilex cornuta Carissa Carissa Holly E, D, S Ilex vomitoria Nana Dwarf Yaupon Holly E, N, D, S Itea virginica Virginia Sweetspire N, D Jasminium nudiflorum Winter Jasmine E, D Juniperus chinensis Chinese Juniper E, S Nandina domestica Dwarf Nandina E, D Pieris japonica Japanese Pieris E Pittosporum tobira Japanese Pittosporum E, S Raphiolepis indica Indian Hawthorn E, D, S Spirea japonica Japanese Spirea D Spirea nipponica Snowmound Spirea D Yucca filamentosa Yucca E, N, D, S E Adopted November 8, 2012 Page 9-39 Article 155.9

172 ARTICLE SIGN REGULATIONS ARTICLE SIGN REGULATIONS Section Prohibited Signs Section Exempt Signs Section Marquee Signs Section Shore Zone Signs Permitted Section Signs Permitted in All Districts Section Business and Name Signs Section Permits Section Unsafe Signs Section Maintenance Section Removal of Unlawful Signs Section Location Restriction Section Structural Requirements Section Construction of Freestanding Signs Section Exterior Lights and Signs Section Nonconforming Signs NOTE: PLEASE REFER TO APPENDIX A FOR DEFINITIONS Adopted November 8, 2012 Page 10-1 Article

173 ARTICLE SIGN REGULATIONS SECTION PROHIBITED SIGNS (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) (M) Spectacular signs which are flashing or intermittently illuminated or moving signs are prohibited in all districts. No strings of electric light bulbs shall be permitted in any district. No signs shall be permitted advertising or directing persons to services, places, or products not in the town limits. Exception: "For Rent" or "For Sale" signs, located on specific places for rent or for sale, of real estate agents located outside the town limits. No roof signs, as defined in Appendix A, shall be permitted in any district. No billboard signs, as defined in Appendix A, shall be permitted in any district. Any sign existing prior to adoption of this Ordinance, which under the terms of this section would be nonconforming, shall be considered a conforming sign for the purposes of this section, until/unless said sign is altered. Portable signs, as defined in Appendix A, shall not be permitted in any district. No sign shall make use of the words "STOP," "SLOW," "CAUTION," "DANGER," or any other word, phrase, symbol, or character in such manner as is reasonably likely to be confused with traffic directional and regulatory signs. No sign shall be erected so that by its location, color, nature, or message is likely to be confused with or obstruct the view of traffic signals or signs, or is likely to be confused with the warning lights of an emergency or public safety vehicle. No flags, festoons, balloons or banners shall be allowed in any district except as may be allowed as exempt signs under Section No sign shall be permitted within the rights-of-way of streets or roads except those designated for the regulations of vehicular and pedestrian traffic and which are approved by the "Manual of Uniform Traffic Control Devices for Streets and Highways." No mobile signs, as defined in Appendix A, shall be permitted in any district. No snipe signs, as defined in Appendix A, shall be permitted in any district. No wind signs, as defined in Appendix A, shall be permitted in any district. Adopted November 8, 2012 Page 10-2 Article

174 ARTICLE SIGN REGULATIONS SECTION EXEMPT SIGNS The following signs are exempt from regulation and permit requirements under this section, provided such signs comply with the provisions of Section (A) (B) (C) (D) (E) (F) (G) Signs bearing only property identification numbers and names, post office box numbers, names of occupants of the premises on which the signs are located, or other identification of premises not of a commercial nature, provided such signs are not illuminated and do not exceed two signs per zoning lot nor two square feet in area per display surface. Official government flags and insignia of a government, when flown or displayed in accordance with the patriotic customs set forth in 4 USC Section 510, as amended, with the consent of either the owner of the property on which such flags or insignia are flown or displayed or any person having lawful control of such property and where such flags and insignia do not exceed 100 square feet in area. Legal notices, identification and informational signs, and traffic directional or regulatory signs erected by or on behalf of a governmental body. Memorial signs or tablets, and names and construction dates of buildings when cut into any masonry surface. Directional or instructional signs directing and guiding traffic and parking on private property on which the signs are located, provided such signs are non-illuminated or indirectly illuminated, bear no advertising matter, and do not exceed four square feet in area per display surface, not exceeding a total of four signs per lot. Real estate signs advertising the sale, rental, or lease of the premises on which said signs are located, provided said signs do not exceed one sign per street frontage and four square feet in area per display surface for property zoned residential; 16 square feet per display surface for property zoned nonresidential. Compliant political signs are permitted during the period beginning on the 30 th day before the beginning date of one-stop early voting under NCGS and ending on the 10 th day after the primary or election day, persons may place political signs in the right -of-way of the State highway system as provided in this section. The permittee must obtain the permission of any property owner of a residence, business, or religious institution fronting the right-of-way where a sign would be erected. Signs must be placed in accordance with the following and must be removed by the end of the period prescribed above. Adopted November 8, 2012 Page 10-3 Article

175 ARTICLE SIGN REGULATIONS (1) No sign shall be permitted in the right-of-way of a fully controlled access highway. (2) No sign shall be closer than three feet from the edge of the pavement of the road. (3) No sign shall obscure motorist visibility at an intersection. (4) No sign shall be higher than 42 inches above the edge of the pavement of the road. (5) No sign shall be larger than 864 square inches. (6) No sign shall obscure or replace another sign. (H) (I) (J) (K) (L) Yard or garage sale signs announcing yard or garage sales, provided such signs do not exceed one sign per site of such sale nor four square feet in area per display surface, are removed within seven days of erection, and are located on the lot on which the sale is conducted. Public event announcements by public or nonprofit organizations of special events or activities of interest to the general public, provided such signs do not exceed one sign per site of such events or activities nor 12 square feet in area per display surface, and are removed within 14 days of erection. Signs announcing grand openings of new businesses only, provided such signs are attached to the building in which the business is located, do not exceed 32 square feet of display area per business site, and are displayed for a period not to exceed 21 days. Information bulletin boards erected by or on behalf of a governmental body on public property or rights-of-way in the Town Center districts for the display of handbills or posters of community interest, provided such bulletin boards contain no more than six square feet in area per sign display surface, and a maximum of 72 square feet per bulletin board. Signs, banners, flags, and pennants used in connection with a group activity function as approved by the Board of Aldermen provided that display of the signage shall not exceed 60 days and the signage is only used on property owned by the town or in the public rightof-way. The Board of Aldermen shall review and approve the signage display as part of the Special Event Permit Review Process. Adopted November 8, 2012 Page 10-4 Article

176 ARTICLE SIGN REGULATIONS SECTION MARQUEE SIGNS Marquee signs shall be constructed entirely of metal or noncombustible material and may be attached to, or hung from a marquee. Such signs, when hung from a marquee, shall be at least eight feet at its lowest level above the sidewalk or ground level. Further, no such sign shall extend outside the line of the marquee, though the sign may extend the entire length and width of the marquee, provided the sign does not have a vertical dimension greater than two feet on a marquee up to 40 feet in length, nor a vertical dimension greater than three feet on a marquee 40 feet or more in length. SECTION SHORE ZONE SIGNS PERMITTED (A) The following signs shall be permitted in a shore zone without a permit: (1) Small, neat signs denoting private property or private piers. (2) Signs not to exceed four square feet for charter boards or gangway, pier, or adjacent land; limit of one sign per boat. (3) "For Sale" signs in this zone shall not exceed two square feet; limit one sign per lot. (B) A permit is required for the following signs in the shore zone. The permit shall be granted by the Board of Aldermen. (1) Signs not to exceed eight square feet on gangway or pier identifying same; limit of one sign to pier. (2) Signs not to exceed eight square feet designating public watersports, boats for hire, and the like; limit one sign to lot. SECTION SIGNS PERMITTED IN ALL DISTRICTS (A) The following signs shall be permitted in all districts: (1) Directional and Informational Signs. Directional and informational signs erected and maintained by public agencies and governmental bodies. (2) Lease, Rent, or Sale Signs. One sign per lot. Temporary signs shall not exceed four square feet advertising the sale or rental of the premises; permanent signs shall not exceed two square feet advertising the sale or rental of the premises. Adopted November 8, 2012 Page 10-5 Article

177 ARTICLE SIGN REGULATIONS (3) Bulletin Boards. Churches, schools, community centers, and other public and institutional uses may erect one sign or bulletin board not exceeding 12 square feet in area for the purpose of displaying the name of the institution and related information. The signs shall be used as wall signs or shall be located a minimum of 7-1/2 feet from property lines. Where side yards are required, no sign shall be permitted in the required side yards. The signs may be indirectly illuminated. (4) Construction Signs. During the construction, repair, or alteration of a structure, a temporary construction sign which denotes the architect, engineer, contractor, or builder or which denotes the name of the structure and its use or occupants-to-be may be placed within the lot side of the required yard setback as a ground or a wall sign. The dimensions of the sign shall not exceed 32 square feet in area. All construction site signs shall be removed when the building has been approved for occupancy by the UDO Administrator. Larger signs not to exceed 64 square feet shall be subject to special permit. (5) Subdivision Signs. Subdivision signs advertising the sale of lots or buildings within new subdivisions on which they are located are permitted, provided: (a) (b) (c) (d) (e) (f) They are nonilluminated or indirectly illuminated. They do not exceed ten square feet for each parcel in the subdivision but not more than 200 square feet. Not more than one sign shall be located at each major approach to the subdivision. They meet all requirements applying to principal structures with regard to yard, setback, and height requirements. They are landscaped and well maintained in the best interest of the developer and the community. That display of the signs shall be limited to a period of two years. (B) Prior to the expiration date of the permit for subdivision signs, the applicant may request an extension. Signs shall be removed prior to the expiration of the two year period or extension thereof. If the sign has not been removed, the town may enter the premises upon which the sign is located and remove the sign at no liability to the town at the expense of the owner. Adopted November 8, 2012 Page 10-6 Article

178 ARTICLE SIGN REGULATIONS (C) Permanent subdivision signs without advertising may remain as long as they are adequately maintained. SECTION BUSINESS AND NAME SIGNS Business signs and name signs shall be permitted on the premises of the business in districts in which the principal use is permitted subject to the following limitations: (A) (B) (C) (D) (E) One permanent free-standing sign one-half square foot to each linear foot of lot frontage, not to exceed a maximum of 64 square feet on a lot with single street frontage. Two permanent free-standing signs one-half square foot to each linear foot of lot frontage, not to exceed a maximum of 64 square feet on a lot with double street frontage. Free-standing signs shall not exceed eight feet in height above the centerline elevation of the adjacent street right-of-way. It shall be the responsibility of the person applying for the sign permit to determine and verify sign, ground and street right-of-way centerline elevations. Individual uses shall be allowed canopy, wall, window, pedestrian, and awning signs, in the total aggregate area per building front of one square foot per linear foot of building frontage, not to exceed a maximum combined sign area of 32 square feet per each individual use. This shall be in addition to sign area allowed for a free-standing signs(s). Wall signs attached to walls of solid masonry, concrete, or stone, shall be safely and securely attached by means of hot dipped galvanized or stainless steel metal anchors, bolts, or expansion screws of not less than 3/8 inch in diameter and shall be embedded at least five inches. No wooden blocks shall be used for anchorage, except in the case of wall signs attached to buildings with walls of wood. No wall sign shall be supported by anchorages secured to an unbraced parapet wall. All projecting signs, whether they project from any building wall, canopy, or similar structure shall be positioned so that the farthest extended part of a sign shall be at least three feet from the existing curb line measured from the building side of the curb line. All projecting signs shall be constructed entirely of metal or other noncombustible material and securely attached to a building, canopy or similar structure by hot dipped galvanized or stainless steel metal supports such as bolts, anchors, supports, chains, guys, or steel rods. If suspended the sign shall be placed no higher than one building story and shall hang at least eight feet above the sidewalk levels. Marquees, canopies and other similar type structures shall be placed no higher than one building story nor shall they hang closer than ten feet to any sidewalk level. Marquee signs shall be constructed entirely of metal or noncombustible material and may be attached to, or hung from a marquee, and the signs Adopted November 8, 2012 Page 10-7 Article

179 ARTICLE SIGN REGULATIONS when hung from a marquee shall be at least eight feet at its lowest level above the sidewalk or ground level, and further, no sign shall extend outside the line of the marquee. Marquee signs may be attached to the sides and front of a marquee, and the sign may extend the entire length and width of the marquee; provided, that the sign does not have a vertical dimension greater than two feet, on a marquee up to 40 feet in length, nor a vertical dimension greater than three feet on a marquee 40 feet or more in length. (F) (G) (H) (I) (J) (K) Display lighting shall be shielded so as to prevent a direct view of the light source from a residence in a residential district. No intermittent lighting effects may be utilized. A lighted wall sign shall not be located closer than 50 feet to residentially zoned property. No sign within 150 feet of residentially zoned property shall be illuminated between 1:00 a.m. and 6:00 a.m. Eastern Standard Time. Free-standing signs shall be located less than ten feet from the street lot line. No freestanding sign shall be located in a required side yard or within ten feet of the side property line (refer to State Building Code for construction standards which apply). Temporary signs, banners, placards, decorations, and the like, constructed of light materials for promotion of civic, political, or charitable enterprises or events may be displayed in any business district for periods not exceeding ten days continuously and totaling not more than 30 days in any one year, except for public holiday decorations. However, no signs may be erected on or affixed to public property. Where a lot contains more than one principal use or establishment, the provisions of this section shall apply to the lot as a whole, and the owner of the lot shall be responsible for allocating permitted signs and display surface areas among the individual uses or establishments. A sign plan shall be submitted to the UDO Administrator for such lot to show all signs located or proposed thereon and shall be designed so that all signs are in harmony and consistent with each other. In the C-1 Zoning District, only wall, marquee, window, awning, and canopy signs shall be allowed. Service stations or any business selling gasoline are allowed additional signs listed below: (1) Gasoline price and/or self-service signs located at and secured to each pump island and not exceeding nine square feet per sign side. (2) Each gasoline pump shall be allowed to display only the brand name or emblem of the gasoline and shall not exceed the limits on the face of the pump. Adopted November 8, 2012 Page 10-8 Article

180 ARTICLE SIGN REGULATIONS (3) A North Carolina inspections sign shall be permitted on the business site provided said sign does not exceed four square feet per side. (L) Additional provisions for signs in shopping centers. (1) All free-standing signs in shopping centers shall have a landscaped area located at the base of the sign. The landscaped area shall equal at least twice the area of the sign. The landscaped material shall be a planting of shrubs and flowers not over three feet in height and covering 50% of the landscaped area. All landscaped areas shall be continually maintained. (2) Window signs in shopping centers may not exceed 30% of the window or door on which the signs are located and may not be internally lighted. SECTION PERMITS (A) (B) No sign shall be erected, constructed, altered, or maintained except as provided in this section until after a permit for the same has been issued by the UDO Administrator and the fee paid. No permit fee shall be required for a single sign over a show window or door of a store or business establishment, announcing without display or elaboration, only the name of the proprietor and nature of business; provided, that the sign is not over six feet square in area. SECTION UNSAFE SIGNS Should any sign become insecure or in danger of falling or otherwise unsafe in the opinion of the UDO Administrator, the owner thereof, or the person or firm maintaining the sign, shall, upon written notice from the UDO Administrator, forthwith in the case of immediate danger and in any case within ten days, secure the sign in a manner to be approved by the UDO Administrator, in conformity with the provisions of this Article or remove the sign. If the order is not complied with within ten days, the UDO Administrator shall remove the sign at the expense of the owner or lessee thereof. SECTION MAINTENANCE All signs for which a permit is required, together with all their supports, braces, guys, and anchors shall be kept in repair and unless of galvanized or noncorroding metal shall be thoroughly painted at least once every two years. The UDO Administrator may order the removal of any sign that is Adopted November 8, 2012 Page 10-9 Article

181 ARTICLE SIGN REGULATIONS not maintained in accordance with the provisions of this section. The removal shall be at the expense of the owner or lessee. SECTION REMOVAL OF UNLAWFUL SIGNS In case any sign shall be installed, erected, or constructed in violation of any of the terms of this Article, the UDO Administrator shall notify by registered mail or written notice served personally, the owner or lessee thereof to alter the sign so as to comply with these zoning regulations and to secure the necessary permit therefor, or to remove the sign. If the order is not complied with within ten days, the UDO Administrator shall remove the sign at the expense of the owner or lessee thereof. SECTION LOCATION RESTRICTION (A) (B) No outdoor advertising display sign shall be erected, constructed, or maintained so as to obstruct any fire escape or any window or door or opening used as a means of egress or so as to prevent free passage from one part of a roof to any other part thereof. No sign shall be attached in any form, shape, or manner to a fire escape, nor be placed in a manner as to interfere with any opening required for legal ventilation. Combustible freestanding signs and roof signs, as defined in the North Carolina Building Code Sections (B) and (C), shall not be permitted in Fire District No. I and Fire District No. II. SECTION STRUCTURAL REQUIREMENTS Structural requirements for signs shall be those requirements found in the North Carolina State Building Code Sections , , and SECTION CONSTRUCTION OF FREESTANDING SIGNS The following construction requirements shall apply to freestanding signs: (A) (B) Lighting reflectors may project beyond the face of the sign. Any person or persons, partnership, firm, or corporation occupying any vacant lot or premises by means of a ground sign, shall be subject to the same duties and responsibilities as the owner of the lot or premises, with respect to keeping the same clean, sanitary, inoffensive, free and clear of all obnoxious substances and unsightly conditions on the ground in the vicinity of the ground sign on the premises for which they may be responsible. Adopted November 8, 2012 Page Article

182 ARTICLE SIGN REGULATIONS (C) Wherever anchors or supports consist of wood embedded in the soil, the wood shall be pressure-treated with an approved preservative. SECTION EXTERIOR LIGHTS AND SIGNS (A) (B) (C) No exterior electric, gas, neon, or other illuminated advertising sign, whether by reflection or otherwise, shall remain burning between the hours of 1:00 a.m. and 7:00 a.m. The illuminating parts of lighting signs or advertisements, where their rays or beams fall upon a residence, shall be so low in power and intensity as not to create a glare or offensive light on the residence. If a business house or boardinghouse desires to have an illumination which would ordinarily create a glare or be a disturbance to a residence of the town, the illumination on the signs or advertising shall be directed, hooded, or shaded so that the full force of the beams or rays from them shall not fall upon any residence within 200 feet of the sign. All lighted signs shall comply with the provisions of Article 155.9, Part III, Outdoor Lighting Ordinance. SECTION NONCONFORMING SIGNS Any sign existing prior to the date of adoption of this Ordinance, which under the terms of this Article would be nonconforming, shall be considered a conforming sign for the purposes of this Article. Nothing in this section shall be construed in any way that will allow the continued existence of any signs found to be unsafe under the provisions of Section of this Article. Adopted November 8, 2012 Page Article

183 ARTICLE ENVIRONMENTAL REGULATIONS ARTICLE ENVIRONMENTAL REGULATIONS PART I. FLOOD DAMAGE PREVENTION ORDINANCE Section Statutory Authorization Section Findings of Fact Section Statement of Purpose Section Objectives Section Lands to Which this Section Applies Section Basis for Establishing the Special Flood Hazard Areas Section Establishment of Floodplain Development Permit Section Compliance Section Abrogation and Greater Restrictions Section Interpretation Section Warning and Disclaimer of Liability Section Designation of Floodplain Administrator Section Floodplain Development Application/Permit/Certification Requirements Section Duties and Responsibilities of the Floodplain Administrator Section Corrective Procedures Section Variance Procedures Section General Standards for Flood Hazard Reduction Section Specific Standards for Flood Hazard Reduction Section Standards for Floodplains without Established Base Flood Elevation Section Standards for Riverine Floodplains with BFE but without Established Floodways or Non-Encroachment Areas Section Floodways and Non-Encroachment Areas Section Coastal High Hazard Areas (Zones VE) Section Effect on Rights and Liabilities under the Existing Flood Damage Prevention Ordinance Section Effect Upon Outstanding Floodplain Development Permits Adopted November 8, 2012 Page 11-1 Article

184 ARTICLE ENVIRONMENTAL REGULATIONS PART II. SEDIMENTATION AND SOIL EROSION CONTROL Section General Regulations PART III. OCEANFRONT PROPERTY Section Oceanfront Policies Section Shoreline Development Boundary General Requirements Section Procedures for Development East of the Shoreline Development Boundary Section Access Structure Specifications Section Removable Structures Section Maintenance of Oceanfront Systems and Structures Section Authority to Remove Structure Section Damaging Dunes or Vegetation Section Compliance, Non-Conformities, Exceptions, & Exemptions Section Enforcement Provisions Adopted November 8, 2012 Page 11-2 Article

185 ARTICLE ENVIRONMENTAL REGULATIONS PART I. FLOOD DAMAGE PREVENTION ORDINANCE SECTION STATUTORY AUTHORIZATION The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5 and 8 of Article 19 of Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. SECTION FINDINGS OF FACT (A) (B) The flood prone areas within the jurisdiction of the town are subject to periodic inundation which can result in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities and by the occupancy in flood prone areas of uses vulnerable to floods or other hazards. SECTION STATEMENT OF PURPOSE It is the purpose of this section to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to: (A) (B) (C) (D) Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion, flood heights, or velocities; Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; Control filling, grading, dredging, and all other development that may increase erosion or flood damage; and Adopted November 8, 2012 Page 11-3 Article

186 ARTICLE ENVIRONMENTAL REGULATIONS (E) Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or which may increase flood hazards to other lands. SECTION OBJECTIVES The objectives of this section are to: (A) (B) (C) (D) (E) (F) (G) Protect human life, safety, and health; Minimize expenditure of public money for costly flood control projects; Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; Minimize prolonged business losses and interruptions; Minimize damage to public facilities and utilities (i.e., water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located in flood prone areas; Help maintain a stable tax base by providing for the sound use and development of flood prone areas; and Ensure that potential buyers are aware that property is in a Special Flood Hazard Area. SECTION LANDS TO WHICH THIS SECTION APPLIES This section shall apply to all Special Flood Hazard Areas within the jurisdiction, including extraterritorial jurisdictions (ETJs) if applicable, of the Town of Wrightsville Beach. SECTION BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM) for New Hanover County, dated April 3, 2006, and hereinafter amended, which are adopted by reference and declared to be a part of this Ordinance. Adopted November 8, 2012 Page 11-4 Article

187 ARTICLE ENVIRONMENTAL REGULATIONS SECTION ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT A Floodplain Development Permit shall be required in conformance with the provisions of this section prior to the commencement of any development activities within Special Flood Hazard Areas determined in accordance with Section SECTION COMPLIANCE No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this section and other applicable regulations. SECTION ABROGATION AND GREATER RESTRICTIONS This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION INTERPRETATION In the interpretation and application of this section, all provisions shall be: (A) (B) (C) Considered as minimum requirements; Liberally construed in favor of the governing body; and Deemed neither to limit nor repeal any other powers granted under state statutes. SECTION WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man-made or natural causes. This section does not imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the town or by any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder. Adopted November 8, 2012 Page 11-5 Article

188 ARTICLE ENVIRONMENTAL REGULATIONS SECTION DESIGNATION OF FLOODPLAIN ADMINISTRATOR The UDO Administrator, or his/her designee, hereinafter referred to as the Floodplain Administrator, is hereby appointed to administer and implement the provisions of this section. SECTION FLOODPLAIN DEVELOPMENT APPLICATION/PERMIT/CERTIFICATION REQUIREMENTS (A) Application Requirements. Application for a Floodplain Development Permit shall be made to the Floodplain Administrator prior to any development activities located within Special Flood Hazard Areas. The following items shall be presented to the Floodplain Administrator to apply for a floodplain development permit: (1) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development: (a) The nature, location, dimensions, and elevations of the area of development/disturbance, existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development; (b) (c) The boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as determined in Section , or a statement that the entire lot is within the Special Flood Hazard Area; Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in Section ; (d) The boundary of the floodway(s) or non-encroachment area(s) as determined in Section ; (e) (f) (g) The Base Flood Elevation (BFE) where provided as set forth in Section , Section , or Section ; The old and new location of any watercourse that will be altered or relocated as a result of proposed development; The boundary and designation date of the Coastal Barrier Resource System (CBRS) area or Otherwise Protected Areas (OPA), if applicable; and Adopted November 8, 2012 Page 11-6 Article

189 ARTICLE ENVIRONMENTAL REGULATIONS (h) Certification of the plot plan by a registered land surveyor or professional engineer. (2) Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area, including but not limited to: (a) (b) (c) Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures; Elevation in relation to mean sea level to which any non-residential structure in Zone AE or A will be floodproofed; and Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed. (3) If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting data and an operational plan that includes but is not limited to installation, exercise, and maintenance of floodproofing measures. (4) A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this section are met. These details include but are not limited to: (a) (b) (c) The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); Openings to facilitate equalization of hydrostatic flood forces on walls in accordance with subsection (D)(3), when solid foundation perimeter walls are used in Zones A, AE, and A1-30; The following, in Coastal High Hazard Areas, in accordance with subsection (D)(4) and Section : 1. V-Zone Certification with accompanying plans and specifications verifying the engineered structure and any breakaway wall designs; 2. Plans for open wood latticework or insect screening, if applicable; Adopted November 8, 2012 Page 11-7 Article

190 ARTICLE ENVIRONMENTAL REGULATIONS 3. Plans for non-structural fill, if applicable. If non-structural fill is proposed, it must be demonstrated through coastal engineering analysis that the proposed fill would not result in any increase in the base flood elevation or otherwise cause adverse impacts by wave ramping and deflection on to the subject structure or adjacent properties. (5) Usage details of any enclosed areas below the lowest floor. A non-conversion agreement (on a form provided by the town) shall be required prohibiting the conversion of any building area below the freeboard elevation to enclosed habitable space. (6) Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage. (7) Certification that all other Local, State, and Federal permits required prior to floodplain development permit issuance have been received. (8) Documentation for placement of Recreational Vehicles and/or Temporary Structures, when applicable, to ensure that the provisions of subsection (F) and (G) of this section are met. (9) A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the floodcarrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation. (B) Permit Requirements. The Floodplain Development Permit shall include, but not be limited to: (1) A description of the development to be permitted under the floodplain development permit. (2) The Special Flood Hazard Area determination for the proposed development in accordance with the available data specified in Section (3) The regulatory flood protection elevation required for the reference level and all attendant utilities. Adopted November 8, 2012 Page 11-8 Article

191 ARTICLE ENVIRONMENTAL REGULATIONS (4) The regulatory flood protection elevation required for the protection of all public utilities. (5) All certification submittal requirements with timelines. (6) A statement that no fill material or other development shall encroach into the floodway or non-encroachment area of any watercourse, as applicable. (7) The flood openings requirements, if in Zones A, AE, or A1-30. (8) Limitations of use of the enclosures below the lowest floor (if applicable) (i.e., parking, building access, and limited storage only). (C) Certification Requirements. (1) Elevation Certificates. (a) (b) An Elevation Certificate (FEMA Form 81-31) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. An Elevation Certificate (FEMA Form 81-31) is required after the reference level is established. Within seven (7) calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. Any work done within the seven-day calendar period and prior to submission of the certification shall be at the permit holder s risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project. Adopted November 8, 2012 Page 11-9 Article

192 ARTICLE ENVIRONMENTAL REGULATIONS (c) (d) A final as-built Elevation Certificate (FEMA Form 81-31) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. All new or substantially improved structures shall be certified by a registered engineer that the construction shall be securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash as required. All engineering certification shall be in writing and bear the engineer s seal and signature. (2) Floodproofing Certificate. If nonresidential floodproofing is used to meet the regulatory flood protection elevation requirements, a Floodproofing Certificate (FEMA Form 81-65), with supporting data, an operational plan, and an inspection and maintenance plan, are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. (3) If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer s certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all Adopted November 8, 2012 Page Article

193 ARTICLE ENVIRONMENTAL REGULATIONS be submitted by the permit applicant prior to issuance of a floodplain development permit. (4) Certification Exemptions. The following structures, if located within Zone A, AE, or A1-30, are exempt from the elevation/floodproofing certification requirements specified in Items (1) and (2) of this subsection: (a) (b) (c) Recreational vehicles meeting requirements of subsection (F)(1); Temporary structures meeting requirements of subsection (G); and Accessory structures less than 150 square feet meeting requirements of subsection (H). (5) A V-Zone certification with accompanying design plans and specifications is required prior to issuance of a Floodplain Development Permit within coastal high hazard areas. It shall be the duty of the permit applicant to submit to the Floodplain Administrator said certification to ensure the design standards of this section are met. A registered professional engineer or architect shall develop or review the structural design, plans, and specifications for construction and certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this section. This certification is not a substitute for an Elevation Certificate. SECTION DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR The Floodplain Administrator shall perform, but not be limited to, the following duties: (A) (B) (C) Review all floodplain development applications and issue permits for all proposed development within Special Flood Hazard Areas to assure that the requirements of this section have been satisfied. Review all proposed development within Special Flood Hazard Areas to assure that all necessary Local, State, and Federal permits have been received. Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program, prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). Adopted November 8, 2012 Page Article

194 ARTICLE ENVIRONMENTAL REGULATIONS (D) (E) (F) (G) (H) (I) (J) (K) (L) (M) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained. Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of Section are met. Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new or substantially improved structures, in accordance with subsection (C). Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with subsection (C). Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with subsection (C). When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with subsections (C) and (C). Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas, floodways, or non-encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Article. When Base Flood Elevation (BFE) data has not been provided in accordance with Section 11.6, obtain, review, and reasonably utilize any Base Flood Elevation (BFE) data, along with floodway data or non-encroachment area data available from a Federal, State, or other source, including data developed pursuant to subsection (B)(2) in order to administer the provisions of this Article. When Base Flood Elevation (BFE) data is provided but no floodway or non- encroachment area data has been provided in accordance with Section , obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a Federal, State, or other source in order to administer the provisions of this Article. When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a Special Flood Hazard Area is above the Base Flood Elevation, advise the property owner of the option to apply for a Letter of Map Amendment (LOMA) Adopted November 8, 2012 Page Article

195 ARTICLE ENVIRONMENTAL REGULATIONS from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file. (N) (O) Permanently maintain all records that pertain to the administration of this section and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended. Make On-Site Inspections of Work in Progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action. (P) Issue Stop-Work Orders as Required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this section, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing the work or in charge of the work. The stopwork order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stopwork order constitutes a misdemeanor. (Q) Revoke Floodplain Development Permits as Required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked. (R) Make periodic inspections throughout all special flood hazard areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action. (S) Follow through with corrective procedures of Section (T) Review, provide input, and make recommendations for variance requests. Adopted November 8, 2012 Page Article

196 ARTICLE ENVIRONMENTAL REGULATIONS (U) (V) Maintain a current map repository to include, but not be limited to, the FIS report, FIRM, and other official flood maps and studies adopted in accordance with Section , including any revisions thereto, including Letters of Map Change, issued by FEMA. Notify state and FEMA of mapping needs. Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR-F) and Letters of Map Revision (LOMR). SECTION CORRECTIVE PROCEDURES (A) (B) Violations to be Corrected. When the Floodplain Administrator finds violations of applicable State and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification. Actions in Event of Failure to Take Corrective Action. If the owner of a building or property shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to the owner s last known address or by personal service, stating: (1) That the building or property is in violation of the flood damage prevention ordinance; (2) That a hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and (3) That following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable. (C) Order to Take Corrective Action. If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development is in violation of the Flood Damage Prevention Ordinance, they shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 calendar days, nor more than 90 calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, they may order that corrective action be taken in such lesser period as may be feasible. Adopted November 8, 2012 Page Article

197 ARTICLE ENVIRONMENTAL REGULATIONS (D) (E) Appeal. Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order. Failure to Comply with Order. If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion of the court. SECTION VARIANCE PROCEDURES (A) (B) Variance process and procedure requirements are specified in Section of this Ordinance. Variances granted under the Flood Damage Prevention Ordinance may be issued for: (1) The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure s continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure. (2) Functionally dependent facilities if determined to meet the definition as stated in Appendix A, provided that the provisions of subsection (E) have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (3) Any other type of development, provided that it meets the requirements of this section. (C) In passing upon variances, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Article, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; Adopted November 8, 2012 Page Article

198 ARTICLE ENVIRONMENTAL REGULATIONS (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, as defined in Appendix A, as a functionally dependent facility, where applicable; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems, and streets and bridges. (D) (E) A written report addressing each of the above factors shall be submitted with the application for a variance. Conditions for Variances. (1) Variances shall not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances. (2) Variances shall not be issued within any designated floodway or non- encroachment area if the variance would result in any increase in flood levels during the base flood discharge. (3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Adopted November 8, 2012 Page Article

199 ARTICLE ENVIRONMENTAL REGULATIONS (F) A variance may be issued for solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas, provided that all of the following conditions are met. (1) The use serves a critical need in the community. (2) No feasible location exists for the use outside the Special Flood Hazard Area. (3) The reference level of any structure is elevated or floodproofed to at least the regulatory flood protection elevation. (4) The use complies with all other applicable Federal, State, and local laws. (5) The town has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance. SECTION GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION In all Special Flood Hazard Areas the following provisions are required: (A) (B) (C) All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages. (1) A maximum of 299 square feet of the first floor square footage may be enclosed for means of egress and storage facilities in the A and VE Zones. No finished wall may be longer in any direction than 20 feet. No plumbing fixtures, electrical outlets, condensing units, etc., shall be allowed below the Regulatory Flood Protection Elevation. All construction of this nature which is located in V and A Zones shall be breakaway type enclosures limited to insect screening, open wood latticework, or breakaway walls that have a design safe loading resistance of not less than ten and no more than 20 pounds per square foot. Adopted November 8, 2012 Page Article

200 ARTICLE ENVIRONMENTAL REGULATIONS (2) In addition, enclosed garages may be allowed in the A and VE Zones designated on the flood maps, provided that they have no interior finish that enhances the structural stability of the wall to exceed 20 pounds per square foot and have working garage doors on the enclosed area. Garages may not be designed or constructed as habitable space. Refer to subsection (A)(5) for required non-conversion agreement. (D) (E) (F) (G) (H) (I) (J) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding to the Regulatory Flood Protection Elevation. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, appliances (washers, dryers, refrigerators, freezers, etc.), hot water heaters, and electric outlets/switches. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into flood waters. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this Article, shall meet the requirements of new construction as contained in this Ordinance. Nothing in this Article shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this Ordinance and located totally or partially within the floodway, non-encroachment area, or stream setback, provided that there is no additional encroachment below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this Ordinance. New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in subsection (F). A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater Adopted November 8, 2012 Page Article

201 ARTICLE ENVIRONMENTAL REGULATIONS treatment facility may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified in accordance with the provisions of subsection (C). (K) (L) (M) (N) (O) (P) All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage. All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards. All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC When a structure is partially located in a Special Flood Hazard Area, the entire structure shall meet the requirements for new construction and substantial improvements. When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation shall apply. SECTION SPECIFIC STANDARDS FOR FLOOD HAZARD REDUCTION In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, as set forth in Section , or Section , the following provisions, in addition to Section , are required: (A) Residential Construction. New construction and substantial improvement of any residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in Appendix A of this Ordinance. Adopted November 8, 2012 Page Article

202 ARTICLE ENVIRONMENTAL REGULATIONS (B) Coastal High Hazard Areas; Nonconforming Uses; Development. (1) Within those areas designated as coastal high hazard areas by the flood maps, all nonconforming uses on land below the 100-year flood level shall not be expanded. (2) Within those areas designated as coastal high hazard areas by the flood maps, no land below the level of the 100-year flood elevation shall be developed unless the new construction or substantial improvement shall: (a) (b) (c) Be located landward of the reach of the mean high tide. No man-made alteration of sand dunes and mangrove stands shall be permitted within the V Zones as shown on the town s flood insurance rate map which would increase potential flood damage. Be elevated on adequately anchored piles or columns and must be protected from hydrostatic and hydrodynamic loads, including the effects of buoyancy. The bottom of the lowest supporting structural member, exclusive of piles, is at or above the applicable 100-year flood level which shall be adjusted for wave height in appropriate zones. The use of fill material for structural support of buildings shall be prohibited within the V zones as shown on the town s flood insurance rate map. Have no basement and have the space below the lowest floor free of obstructions so that the impact of abnormally high tides or wind driven water is minimized except as described in subsection (A). (C) Non-Residential Construction. New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in Appendix A of this Ordinance. Structures located in A, AE, and A1-30 Zones may be floodproofed to the regulatory flood protection elevation in lieu of elevation, provided that all areas of the structure, together with attendant utility and sanitary facilities, below the regulatory flood protection elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in subsection (C), along with the operational and maintenance plans. Adopted November 8, 2012 Page Article

203 ARTICLE ENVIRONMENTAL REGULATIONS (D) Elevated Buildings. Fully enclosed areas of new construction and substantially improved structures, which are below the lowest floor: (1) Shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas; (2) Shall be constructed entirely of flood resistant materials, at least to the regulatory flood protection elevation; (3) Shall include, in Zones A, AE, and A1-30, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria: (a) (b) (c) (d) (e) (f) A minimum of two flood openings on different sides of each enclosed area subject to flooding; The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding; If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit; The bottom of all required flood openings shall be no higher than one foot above the adjacent grade; Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and Enclosures made of flexible skirting are not considered enclosures for regulatory purposes and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above. Adopted November 8, 2012 Page Article

204 ARTICLE ENVIRONMENTAL REGULATIONS (4) Shall, in Coastal High Hazard Areas (Zone VE), either be free of obstruction or constructed with breakaway walls, open wood latticework, or insect screening, provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without causing damage to the elevated portion of the building or supporting foundation or otherwise jeopardizing the structural integrity of the building. The following design specifications shall be met: (a) (b) Material shall consist of open wood latticework or insect screening; or Breakaway walls shall meet the following design specifications: 1. Design safe loading resistance shall be not less than ten nor more than 20 pounds per square foot; or 2. Breakaway walls that exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by State or local codes) shall be certified by a registered professional engineer or architect that the breakaway wall will collapse from a water load less than that which would occur during the base flood event, and the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). The water loading values used shall be those associated with the base flood. The wind loading values used shall be those required by the North Carolina State Building Code. (E) Additions/Improvements. (1) Additions and/or improvements to pre-firm structures when the addition and/or improvements in combination with any interior modifications to the existing structure are: (a) (b) Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more nonconforming than the existing structure. A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction. Adopted November 8, 2012 Page Article

205 ARTICLE ENVIRONMENTAL REGULATIONS (2) Additions to post-firm structures with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction. (3) Additions and/or improvements to post-firm structures when the addition and/or improvements in combination with any interior modifications to the existing structure are: (a) (b) Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction. A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction. (4) Where an independent perimeter load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and only the addition must comply with the standards for new construction. (F) Recreational Vehicles. Recreational vehicles shall either: (1) Be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or (2) Meet all the requirements for new construction. (G) Temporary Non-Residential Structures. Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a hurricane, flash flood, or other type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval: (1) A specified time period for which the temporary use will be permitted. Time specified should not exceed three months, renewable up to one year; (2) The name, address, and phone number of the individual responsible for the removal of the temporary structure; Adopted November 8, 2012 Page Article

206 ARTICLE ENVIRONMENTAL REGULATIONS (3) The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification); (4) A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and (5) Designation, accompanied by documentation, of a location outside the Special Flood Hazard Area, to which the temporary structure will be moved. (H) Accessory Structures. (1) When accessory structures (sheds, detached garages, etc.) are to be placed within a Special Flood Hazard Area, the following criteria shall be met: (a) (b) (c) (d) (e) (f) (g) Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking, or restroom areas); Accessory structures shall not be temperature-controlled; Accessory structures shall be designed to have low flood damage potential; Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; Accessory structures shall be firmly anchored in accordance with subsection (A); All service facilities such as electrical shall be installed in accordance with subsection (D); and Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below regulatory flood protection elevation in conformance with subsection (D)(3). (2) An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory structures in accordance with subsection (C). Adopted November 8, 2012 Page Article

207 ARTICLE ENVIRONMENTAL REGULATIONS (I) (J) New or Replacement Water and Sewer systems. Within those areas designated as special flood hazard areas by the flood maps, all new or replacement water supply systems and/or sanitary sewage systems, including on-site systems shall be designed, located, and constructed so as to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. If in the opinion of town officials the conditions warrant such action, certification may be required from a professional engineer who is registered in the state that the systems mentioned are so designed. Water to Air Heat Pumps. (1) Any property owner may make application for construction of wells, not for the purpose of or to be used for human consumption, to supply water for and dispose of water from water to air heat pumps. Such wells shall have a maximum depth of 40 feet. The property owner shall acquire a building permit before commencing construction of the wells and shall submit all supporting documents required by the Building Inspector. (2) The line supplying water to the heat pump shall be equipped with a filter and be capable of supplying 125% of the rated capacity of the system. It shall be the responsibility of the property owner to dispose of all water from water to air heat pumps by means of a separate well of a depth not to exceed 40 feet. This disposal system shall consist of a disposal line the minimum size of which shall be two inches in diameter. The disposal line shall contain a strainer. In no case may water from the heat pump be disposed of in sewer lines, storm drains, or estuarine waters. SECTION STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Section , where no Base Flood Elevation (BFE) data is available, the following provisions, in addition to the provisions of Section , shall apply: (A) No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of twenty (20) feet each side from top of bank or five times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. Adopted November 8, 2012 Page Article

208 ARTICLE ENVIRONMENTAL REGULATIONS (B) The BFE used in determining the regulatory flood protection elevation shall be determined based on the following criteria: (1) When Base Flood Elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this Ordinance and shall be elevated or floodproofed in accordance with standards in Sections and (2) When floodway data is available from a Federal, State, or other source, all new construction and substantial improvements within floodway areas shall also comply with the requirements of Sections and (3) All subdivision and other development proposals shall provide Base Flood Elevation (BFE) data if development is greater than five (5) acres or has more than fifty (50) lots. Such Base Flood Elevation (BFE) data shall be adopted by reference in accordance with Section and utilized in implementing this Ordinance. (4) When Base Flood Elevation (BFE) data is not available from a Federal, State, or other source as outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or above the Regulatory Flood Protection Elevation, as defined in Appendix A. All other applicable provisions of Section shall also apply. SECTION STANDARDS FOR RIVERINE FLOODPLAINS WITH BFE BUT WITHOUT ESTABLISHED FLOODWAYS OR NON-ENCROACHMENT AREAS Along rivers and streams where BFE data is provided by FEMA or is available from another source but neither floodway nor non-encroachment areas are identified for a Special Flood Hazard Area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas: (A) (B) Standards of Sections and ; and Until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. Adopted November 8, 2012 Page Article

209 ARTICLE ENVIRONMENTAL REGULATIONS SECTION FLOODWAYS AND NON-ENCROACHMENT AREAS Areas designated as floodways or non-encroachment areas are located within the Special Flood Hazard Areas established in Section The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in Sections and , shall apply to all development within such areas: (A) No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless: (1) It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator prior to issuance of floodplain development permit, or (2) A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed encroachment. (B) If subsection (A) is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this ordinance. SECTION COASTAL HIGH HAZARD AREAS (ZONES VE) Coastal High Hazard Areas are Special Flood Hazard Areas established in Section , and designated as Zones VE. These areas have special flood hazards associated with high velocity waters from storm surges or seismic activity and, therefore, all new construction and substantial improvements shall meet the following provisions in addition to the provisions of Sections and (A) All new construction and substantial improvements shall: (1) Be located landward of the reach of mean high tide; (2) Be located landward of the first line of stable natural vegetation; and (3) Comply with all applicable CAMA setback requirements. Adopted November 8, 2012 Page Article

210 ARTICLE ENVIRONMENTAL REGULATIONS (B) (C) All new construction and substantial improvements shall be elevated so that the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) is no lower than the regulatory flood protection elevation. Floodproofing shall not be utilized on any structures in Coastal High Hazard Areas to satisfy the regulatory flood protection elevation requirements. All new construction and substantial improvements shall have the space below the lowest floor free of obstruction so as not to impede the flow of flood waters, with the following exceptions: (1) Open wood latticework or insect screening may be permitted below the lowest floor for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with subsection (D)(4)(a). Design plans shall be submitted in accordance with subsection (A)(4)(c)(2); or (2) Breakaway walls may be permitted, provided that they meet the criteria set forth in subsection (D)(4)(b). Design plans shall be submitted in accordance with subsection (A)(4)(c)(1). (D) All new construction and substantial improvements shall be securely anchored to pile or column foundations. All pilings and columns and the structures attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components. (1) Water loading values used shall be those associated with the base flood. (2) Wind loading values used shall be those required by the current edition of the North Carolina State Building Code. (E) (F) (G) A registered professional engineer or architect shall certify that the design, specifications, and plans for construction are in compliance with the provisions contained in Section , subsection 11.22(C), subsection 11.22(D) and subsection 11.22(F), above, on the current version of the North Carolina V-Zone Certification form. Fill shall not be used for structural support. Limited non-compacted and non-stabilized fill may be used outside the perimeter of a building for landscaping/aesthetic purposes, provided that it is demonstrated through coastal engineering analysis that the proposed fill would not result in any increase in the Base Flood Elevation and not cause any adverse impacts by wave ramping and deflection to the subject structure or adjacent properties. There shall be no alteration of sand dunes which would increase potential flood damage. Adopted November 8, 2012 Page Article

211 ARTICLE ENVIRONMENTAL REGULATIONS (H) Recreational vehicles may be permitted in Coastal High Hazard Areas, provided that they meet the recreational vehicle criteria of subsection (F). SECTION EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE PREVENTION ORDINANCE This Article in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted November 21, 1974, as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this Article shall not affect any action, suit, or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of the town enacted on November 21, 1974, as amended, which are not reenacted herein are repealed. SECTION EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his or her authorized agents before the time of passage of this ordinance, provided, however, that when construction is not begun under such outstanding permit within a period of six months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this ordinance. PART II. SEDIMENTATION AND SOIL EROSION CONTROL SECTION GENERAL REGULATIONS (A) (B) Adoption of County Ordinance. The county "Ordinance to Provide for the Control of Soil Erosion and Sedimentation," as revised and amended, is adopted by the town, and it shall be complied with in those terms and as it has been revised and amended and adopted by the County Commissioners. Obstruction of Public Streams, Channels, and Detention/Retention Basins Prohibited. (1) No person shall place or cause to be placed in any public stream, channel, detention/retention basin or drainage way any material of any type or nature, the placement of which tends to alter, impede, block or otherwise restrict or impair the flow of drainage or the retention capacity of such public stream, channel, detention/retention basin or drainage way. (2) The Building Inspector or his designated representative shall be responsible for enforcement of this section. Adopted November 8, 2012 Page Article

212 ARTICLE ENVIRONMENTAL REGULATIONS PART III. OCEANFRONT PROPERTY SECTION OCEANFRONT POLICIES (A) This section is adopted to preserve and promote the protection of the oceanfront area of environmental concern by maintaining the existence of vegetation and natural or constructed dunes, which provide a protective barrier from the actions of the Atlantic Ocean, other surrounding waters, sand, wind, and pedestrians. The past practice of destroying this barrier system constitutes a serious threat to the safety of oceanfront properties and the public. These requirements are therefore adopted for the health, safety, and welfare of persons living and visiting in the town and for the protection of public and private property. Section 160A-174 of the North Carolina General Statutes authorizes and empowers the town under general ordinance-making powers to regulate the protection of natural or constructed dunes within the town. The 2005 CAMA Land Use Plan for the town includes policies that support the purpose and intent of these ordinances. The applicable policies are listed below: (1) Policy 9.1.A.18: "suitable land uses in ocean hazard areas include ocean shoreline erosion control activities and dune establishment and stabilization." (2) Policy 9.3.A.3: Public pedestrian access is limited to designated crossover areas in order to minimize damage to dunes and vegetation. (3) Policy 9.4.A.7: "the Town shall avoid "approving of any activity which would destroy remaining habitat for loggerhead turtle nesting." (4) Policy 9.4.A.8: "tree cover at Wrightsville Beach, whether maritime or otherwise, is a highly valued asset." (B) When this section conflicts with Coastal Resources Commission regulations and provisions of the Coastal Area Management Act, the more restrictive rule shall apply. SECTION SHORELINE DEVELOPMENT BOUNDARY GENERAL REQUIREMENTS (A) Permission to construct and maintain an access structure which is located east of the established shore line development boundary on the oceanfront shall be obtained by filing an application with the UDO Administrator and obtaining a development permit for the structure. Commercial structures are allowed one beach access structure per 150 linear feet with a maximum of three beach access structures per lot. Adopted November 8, 2012 Page Article

213 ARTICLE ENVIRONMENTAL REGULATIONS (B) (C) If no dune system or first line of stable vegetation exists, an access structure may only be built west of the Shore Line Development Boundary. A successful dune restabilization plan shall be implemented to revegetate the lot to meet minimum requirements for allowing beach access structures. Consistent with CAMA guidelines, a moratorium on the construction of beach access structures will be implemented until the first line of stable vegetation is established. The overall appearance of development east of the Shore Line Development Boundary should be minimally intrusive upon its surroundings by way of construction, materials and color. Access structures east of the shoreline development boundary shall be limited to natural wood tones. No painting of access structures east of the shoreline development boundary shall be permitted. Any materials utilized should not impact the environment nor the barrier system and its components; flora and fauna. SECTION PROCEDURES FOR DEVELOPMENT EAST OF THE SHORELINE DEVELOPMENT BOUNDARY (A) It shall be unlawful for any person, corporation, or their agents, to undertake development east of the shoreline development boundary without first obtaining from the Code Enforcement Official a zoning permit and an approved mitigation plan for such development. (1) The property owner, as well as his or her agents, contractors, subcontractors, or employees, may be held liable for the proper execution of any portion of work performed under the permit or permits issued for such work. (2) There shall be on display in the Town Building Inspector's office or thereabouts the 1939 property line map and the 1980 Photo-Line map which provide a control for determining the eastern limits of development. (3) Fees will be required for the filing of a permit in accordance with the town's adopted fee schedule. (B) Shore line mitigation plan required. Development shall not interfere with the protective nature of a barrier system. Upon application for development east of the Shore Line Development Boundary, the Code Enforcement Official shall review the proposal for shore line stabilization, restoration and management as set forth in the Mitigation Plan to ensure maintenance of the barrier system. The Mitigation Plan shall include all information required to verify compliance with the provisions of this subsection and shall indicate compliance with the following requirements: (1) Access structures shall be in accordance and compliant with all provisions of this section. Adopted November 8, 2012 Page Article

214 ARTICLE ENVIRONMENTAL REGULATIONS (2) A mechanism shall be required for the trapping of sand and, by nature of construction and location, be consistent with CAMA regulations. Such mechanism may include sand fences, approved vegetation or other acceptable methods. (3) Dune and vegetation restoration shall be in accordance with the Department of Environment and Natural Resources, and with North Carolina Cooperative Extension research and policy. Dune breaches, erosion and washover areas shall be remedied with the establishment or alteration of dunes in accordance with State regulation. The following vegetation is encouraged in connection with vegetation installation and restoration east of the Shore Line Development Boundary: (a) (b) Frontal dunegrasses - American Beachgrass, Sea Oats, Bitter Panicum, Seashore Elder, Saltmeadow Cordgrass. Middle dunegrasses - American Beachgrass, Sea Oats, Bitter Panicum, Coastal Panicgrass, Saltmeadow Cordgrass, Switch Cane, Rock Fingergrass, Seacoast Bluestem, Longlawn Virginia Wildrye, Hairline Muhlygrass. (4) Development or the installation of an access structure east of the Shore Line Development Boundary shall be accompanied by a Mitigation Plan to include the introduction and replacement of sand stabilizing vegetation in accordance with subsection (3), above, and the requirements outlined below: (a) (b) For every one square foot of area disturbed one plant shall be planted on site. Alternatively, for every one square foot of area disturbed, an amount equal to the cost of purchase of one dune plant, fertilization and installation of the plant shall be charged to the property owner. This money shall be placed in the Beach Strand Supplies Fund and used for re-vegetation or dune establishment. (5) In the absence or destruction of original or natural vegetation, a Mitigation Plan shall be implemented to include the re-vegetation of a lot to meet minimum requirements for development, as set forth by CAMA and local regulations. A moratorium on construction in accordance with CAMA regulation will be adopted until the first line of stable vegetation is established. A permit will not be issued during this moratorium. Adopted November 8, 2012 Page Article

215 ARTICLE ENVIRONMENTAL REGULATIONS (6) Efforts to revegetate areas exposed by development approved through the permit process must be undertaken prior to the completion of the corresponding, authorized development. Failure to complete this requirement will prohibit the issuance of a final inspection and/or Certificate of Compliance. Further non-compliance constitutes a violation of this section. (7) The Code Enforcement Official is authorized to impose additional conditions to insure the Mitigation Plan complies with the provisions of this section. (C) (D) (E) Site staking. The Code Enforcement Official shall perform a site inspection for the purpose of staking the location of the current line of stable vegetation, suspected primary dune locations, any and all other significant features of the lot. This recorded inspection shall be valid for 60 days. Survey. All permit applications shall include a registered land surveyor's plat, current within one year of date of application. Said survey plat shall clearly show the flood zone, block number, the lot number, section and property identification number (PIN) as shown on the New Hanover County Tax Maps for the Town of Wrightsville Beach, all applicable facets of the Shore Line Development Boundary, and the elevation of any existing primary dunes or dune systems. Inspection. The Code Enforcement Official shall inspect every project approved under this section at least one time after completion of the work and completion of any restoration or protection of vegetation which he may prescribe. SECTION ACCESS STRUCTURE SPECIFICATIONS (A) Access structures shall be in accordance with the following standards: (1) Piling depth for the installation of access structures may not penetrate grade more than four feet. (2) The height of access structures east of the Shore Line Development Boundary must be maintained no more than 30 inches above grade. (3) Any portion of an access structure to include walkway, stair or ramp east of the Shore Line Development Boundary must run in a west-east direction with no north-south turns and shall be a maximum of three feet wide. (4) No horizontal or vertical development is allowed in addition to the access structure east of the Shore Line Development Boundary. Horizontal development shall include gazebos, benches and similar appurtenances. Handrails shall be optional except Adopted November 8, 2012 Page Article

216 ARTICLE ENVIRONMENTAL REGULATIONS where required by North Carolina Building Code. Refer to Section , below, for Handicap exceptions. (See Illustrations A and B) Illustration A Illustration B (5) Development shall be constructed in accordance with North Carolina Building Code. (B) Access structures can have only one deck and the following provisions, as represented in Illustrations C.1 and C.2, apply to the decking: Illustration C.1 Adopted November 8, 2012 Page Article

217 ARTICLE ENVIRONMENTAL REGULATIONS Illustration C.2 (1) Shall be placed westward of the Shore Line Development Boundary. (2) Can be no greater than ten feet by ten feet. (3) Must meet the building setbacks for structures on private property west of the Shore Line Development Boundary. (4) Must be built in accordance with the open space requirements of Section for that property. (5) For decks in which the access structure does not extend over the frontal dune, then the portion of the access structure constructed west of the Shore Line Development Boundary must be included as deck area in the calculation of the F.A.R. for the primary structure on the lot. (6) If a ten-foot by ten-foot deck area as part of an access structure is connected to the principal structure by less than four feet, that deck must be included in the deck area ratio of the F.A.R. requirement outlined in Section (C) (D) (E) No electric circuits connected to commercial power sources and no water or sewer lines or fixtures may extend east of the Shore Line Development Boundary. Access structures shall terminate landward of the first line of vegetation. Access structures shall be manipulated so as to accommodate any change in elevation occurring in proximity to the access, and done so in accordance with the provisions of Sections and Adopted November 8, 2012 Page Article

218 ARTICLE ENVIRONMENTAL REGULATIONS (F) (G) Commercial beach access structures must meet commercial structure Americans with Disabilities Act requirements according to the North Carolina Building Code. Any commercial structure located east of the Shore Line Development Boundary must comply with all applicable provisions of North Carolina State Building Codes and nothing contained herein shall be construed to eliminate the requirement for compliance with such codes. SECTION REMOVABLE STRUCTURES (A) (B) (C) (D) (E) All structures which are westward of the Shore Line Development Boundary and which are a part of an access system are not required to be removable; however, they may be removable at the owner's option. All structures which are a substantially permanent structural type, such as walkovers and accesses located west of the Shore Line Development Boundary, shall be in conformity with all regulations of the building code of the town and the North Carolina State Building Code. All structures located east of the Shore Line Development Boundary are to be removable and shall conform to all regulations of this section. The owner of any structure located east of the Shore Line Development Boundary shall, upon a 30-day written notice served by mail or in person by the Code Enforcement Official of the town, remove the structure for the purpose of beach maintenance and repair. These structures must be relocated from the beach area onto private property westward of the Shore Line Development Boundary. Failure on the part of the owner to respond reasonably to such notice shall result in penalties as per Section In addition, 30 days after the Town mailed such written notice, the Town may remove such structures. Removable structures shall be in accordance with the following construction standards: (1) Each removable unit of access structures shall be demountable and as a self-contained unit shall have no length greater than eight feet. (2) The connections of all removable units shall be by pintype connections using a minimum diameter 1-1/2-inch galvanized pipe or a minimum diameter one-inch galvanized bolt having large washers with suitable bolts or pipe caps as the case may be. All other fasteners shall be hot dipped galvanized nails, spikes, drifts, bolts, lags, stainless steel fasteners, or other acceptable fasteners as may be suitable or required to properly connect members. Adopted November 8, 2012 Page Article

219 ARTICLE ENVIRONMENTAL REGULATIONS (3) The width of all stairs, ramps, or walkways and the number of risers in any flight of stairs shall be a minimum width of three feet. All stairs shall be built in conformity with applicable requirements of the North Carolina Building Code. (4) Concrete shall not be used to secure pilings east of the shoreline development boundary. SECTION MAINTENANCE OF OCEAN FRONT SYSTEMS AND STRUCTURES (A) (B) Each owner shall be responsible for the proper and satisfactory maintenance of any structure privately erected east of the Shoreline Development Boundary. All structures shall be subject to inspection by the Code Enforcement Official or his designee, in accordance with Section , and where faulty maintenance is found, the Code Enforcement Official shall confer with the Building Inspector and the owner notified in writing as to the remedy required. Provisions of the North Carolina Building Code shall be applied. The owner shall promptly apply for a permit to accomplish all requirements and shall proceed within 90 days of the written notice. Non-compliance with the provisions of this ordinance shall result in the removal of the structure as per Section , and the assessment of civil penalties as per Section All structures east of the Shore Line Development Boundary must be maintained in an operable condition, and within standards promoting health, safety and welfare. Commercial fishing piers shall be maintained in accordance with Chapter 95, Garbage, Trash and Rubbish of the Wrightsville Beach Code of Ordinances and in compliance with the following additional provisions: (1) Commercial piers must provide a trash barrel every 50 feet along the length of the pier. Trash barrels must also be located near the tackle shop and on the approach ramp thereto. (2) Signs notifying patrons of the penalty for littering, including the depositing of litter in the water, shall be posted every 50 feet along both sides of the pier. (3) Pier owners, proprietors or employees are required to notify the police in the event that any person shall litter on the pier or from the pier into the water or shoreline surrounding the pier. (4) Pier owners or proprietors shall insure that trash barrels are emptied into the regular refuse receptacle to be collected by the town's Sanitation Department. Adopted November 8, 2012 Page Article

220 ARTICLE ENVIRONMENTAL REGULATIONS (C) (D) Failure to properly maintain or utilize a structure permitted east of the Shore Line Development Boundary in accordance with this section, or failure to satisfy the objectives of this section, may result in a penalty as provided in Section The removal of an approved dune stabilization device such as sand fencing or pedestrian control mechanisms in a manner constituting a willful destruction of private or town property shall be a violation punishable as provided pursued under the enforcement provisions as set forth in Section SECTION AUTHORITY TO REMOVE STRUCTURES In the event that a structure now exists or will exist in the future, and the owner of the structure has failed to repair or bring the structure into compliance as per Section after notification by the Code Enforcement official or his designee, the town may require the property owner to remove the structure. In the case that the structure is not removed, the town may remove the structure and its appurtenances and dispose of all materials, refuse, and wreckage therefrom. The town may assess civil penalties in accordance with Section , and all costs of the removal against the property owner, which shall become a lien upon his property payable immediately. After a period of 60 days there shall be assessed an additional interest rate of 6% until the cost is paid. SECTION DAMAGING DUNES OR VEGETATION It shall be unlawful for any person, firm, or corporation in any manner to damage, destroy, or remove any sand dune or part thereof, or to kill, destroy, or remove any trees, shrubbery, or other vegetation growing east of the Shore Line Development Boundary without having first obtained a zoning permit and mitigation plan approval from Planning and Inspections Department as specified in this section for the proposed damage, destruction, or removal. (A) Removal of sand/soil prior to construction or lot clearing for marketing or other purpose will not be permitted and is subject to a civil penalty as identified in Sections and (B Private vehicles authorized through the Town of Wrightsville Beach Police Department and public vehicles are allowed to access the public beach by way of designated, improved vehicular accessways. (C) Exempted from provisions of this section: (1) Removal for personal use only of sand, seashells or similar small materials of souvenir value in such amounts as may be carried easily upon the person, so long as such act does not involve and is not for commercial or business and does not provide monetary gain to the person removing such materials. Adopted November 8, 2012 Page Article

221 ARTICLE ENVIRONMENTAL REGULATIONS (2) The normal, non-impacting maintenance of lawns, commercial, office, and institutional tracts which are already developed. Maintenance shall include lawn maintenance, the relocating and replacement of shrubs, the cutting and removal of poisonous or harmful plants, briers, and dead foliage. In accomplishing the foregoing, the use of equipment which limits damage to surrounding vegetation is encouraged; the use of heavy commercial equipment is discouraged. The removal or destruction of vegetation referenced in subsection (B)(3) is prohibited. (3) Nothing in this section shall be deemed to allow any acts which shall willfully damage or destroy vegetation as an exemption. It is specifically the intention of this subsection that any such action shall be considered a violation and pursued under the enforcement provisions as set forth in Section (D) Signage less than one square foot instructing persons to avoid trespassing into the dunes, and rope fence for pedestrian traffic control may be placed east of the Shore Line Development Boundary. Construction of such devices shall only be permitted with the prior written consent of the Code Enforcement Official. Willful removal or damage to any public or private approved dune stabilization device such as sand fencing or pedestrian control mechanisms shall constitute a violation of the provisions of this section. SECTION COMPLIANCE, NON-CONFORMITIES, EXCEPTIONS, AND EXEMPTIONS (A) (B) (C) Nonconforming structures. Except as otherwise provided in this subsection (A), access structures and beach walkovers that are damaged or destroyed greater than 50% of their replacement value may only be built back in conformance with current requirements as set forth in this section. Access structures and beach walkovers for single-family and duplex lots that are damaged or destroyed greater than 50% of their replacement value may not be built back. All determinations of replacement value under this section shall be made by the building inspector. Exception for Handicapped accessible beach access structures. The Board of Aldermen or their designee may grant an exception for private residential beach access structures regarding horizontal and vertical development for purposes of allowing a handicapped accessible structure to be built. These structures must meet the provisions of the NC Building Code. Exception for hotels and housing development located in Commercial District IV zoning district. The provisions regulating construction east of the Shore Line Development Boundary and found in Article , Part III, shall not apply to any hotel or housing development (as defined in Appendix A) located adjacent to the Atlantic Ocean and in a Commercial District IV zoning district, provided, that such hotel or housing development shall comply with any and all provisions of any conditional use permit issued for such Adopted November 8, 2012 Page Article

222 ARTICLE ENVIRONMENTAL REGULATIONS property and all other applicable local, state and federal rules, regulations, ordinances, statutes and laws. (D) (E) Shared beach access structures. The town encourages adjoining property owners to construct centrally located shared beach access structures where appropriate in order to reduce the overall number of structures on the beach. In cases where shared structures are proposed, the property owners must submit a site plan and restrictive covenants that indicate the location of the proposed structure and the proper restrictions against construction of additional individual structures. Reconstruction of Beach Access Structures as the dune system develops. The Code Enforcement Official will annually identify existing access structures and beach walkovers and identify those as non-compliant with the provisions of this section. Walkovers and accesses that are being covered by sand due to a growing dune system will be encouraged to reconstruct those sections of the structure to bring them into compliance with the provisions of applicable ordinances. The Code Enforcement Official will notify the property owner by certified mail, including photos of the structure and a recommended Stabilization Plan. SECTION ENFORCEMENT PROVISIONS (A) (B) (C) Any person violating the provisions of this section shall, in addition to the penalties set forth in Article 155.1, Section , Penalties and Remedies for Violations, immediately undertake restoration or replacement of such items in accordance with requirements of the Code Enforcement Official. In the event such restoration or replacement is not completed within 30 days of the initial violation, the town is authorized to undertake such restoration. All costs of such restoration or repair incurred by the Town shall be deemed an additional civil penalty to be collected from the violator as specified in Section In the event that an individual fails to comply with the requirements set forth in this subsection, the Town shall have the authority to revoke all issued permits and issue stop work orders on the real property on which the offense occurred until such time as the offender has come into compliance with the provisions of this section. Failure of an applicant and/or owner to comply with the provisions of this section may result in penalty as provided in Section First time offenders of subsection (B) are granted the option of attending a two-hour class sponsored by the North Carolina Cooperative Extension Services on Dune Ecology and Protection in lieu of fine. Adopted November 8, 2012 Page Article

223 ARTICLE SUBDIVISION REGULATIONS ARTICLE SUBDIVISION REGULATIONS PART I. SUBDIVISION PLATS Section Plat Required for Land Subdivision Section Approval of Subdivision Plats Required Section Plat Approval Required for Building Permit Section Plat Approval Not to Constitute Acceptance of Dedication Section Transfer of Lots in Unapproved Subdivision Plats Section Plat Approval Required Before Extension of Service Section Coordination of Street System Section Parcels of Land to Consist of Multiples of Normal Blocks Section Preliminary Plats Section Contents of Preliminary Plats Section Conformity of Plat to Requirements Section Approved Plats to be Kept on File Section Service Facilities Required Prior to Final Approval Section Final Plat Section Contents of Final Plat PART II. SUBDIVISION REGULATIONS Section Minimum Requirements Section Street Plans, Rights-of-Way, and Blocks Section Requirements for Streets Section Lot Sizes and Side Lines Section Setback Lines, Unusable Lots, and Land Elevation Section Modification of Certain Requirements PART III. GROUP HOUSING DEVELOPMENTS Section Commonly Owned Areas Section Density Section Unit Ownership and Condominiums Section Site Plans Section Public Access, Easements, and Private Party Walls Section Utilities and Improvements Required Adopted November 8, 2012 Page 12-1 Article

224 ARTICLE SUBDIVISION REGULATIONS PART I. SUBDIVISION PLATS SECTION PLAT REQUIRED FOR LAND SUBDIVISION Parcels may not be subdivided by deed alone. All subdivision of parcels requires recordation of a plat. SECTION APPROVAL OF SUBDIVISION PLATS REQUIRED No subdivision plat of land within the platting jurisdiction shall be filed or recorded until it has been submitted to and approved by the Board of Aldermen, and the approval has been entered in writing on the plat by the Town Clerk. The Register of Deeds, upon receipt of a copy of this Ordinance, shall not file or record a plat of a subdivision of land located within the platting jurisdiction without the approval of the plat as required in this section. SECTION PLAT APPROVAL REQUIRED FOR BUILDING PERMIT No building permit may be issued for any construction on any proposed lot shown on a plat until a final plat has been approved and recorded, except that a building permit may be issued for one (1) structure on one (1) lot shown on any approved preliminary plat prior to recordation of a final plat. The Building Inspector shall deny building permits for subdivision lots created in violation of the terms and conditions of this Ordinance. SECTION PLAT APPROVAL NOT TO CONSTITUTE ACCEPTANCE OF DEDICATION The approval of a plat by the Board of Aldermen shall not be deemed to constitute or affect the acceptance by the town or the public of the dedication of any street or other ground, public utility line, or other public facility shown upon the plat. SECTION TRANSFER OF LOTS IN UNAPPROVED SUBDIVISION PLATS Any person who, being the owner or agent of the owner of any land located within the jurisdiction of the town, thereafter subdivides his land in violation of applicable town ordinances or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under applicable town ordinances and recorded in the office of the New Hanover County Register of Deeds, shall be guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The town may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and Adopted November 8, 2012 Page 12-2 Article

225 ARTICLE SUBDIVISION REGULATIONS order requiring the offending party to comply with the subdivision ordinance. Building permits required pursuant to NCGS 160A-417 may be denied for lots that have been illegally subdivided. In addition to other remedies, the town may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct. SECTION PLAT APPROVAL REQUIRED BEFORE EXTENSION OF SERVICE No street shall be accepted and maintained by the town, no street lighting, water, or sewer shall be extended to or connected with any subdivision of land, and no permit shall be issued by any administrative agent or department of the town for the construction of any building or other improvement requiring a permit, upon any land concerning which a plat is required to be approved, unless and until it has been approved by the Board of Aldermen and the requirements set forth in this Ordinance have been complied with. SECTION COORDINATION OF STREET SYSTEM The arrangement of streets in new subdivisions shall provide for the continuation of the principal existing streets in adjoining subdivisions or, when adjoining property is not subdivided, their proper projection insofar as necessary for public requirements by providing new streets of a width deemed necessary by the Planning Board and approved by the Board of Aldermen. In general, the streets shall be at least as wide as existing streets; except, that in no case shall the width be less than the minimum specified in Section The street and alley arrangement shall be such as to cause no hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it and shall provide for continuing a reasonable number of through utility lines. When a new subdivision adjoins unsubdivided land susceptible to being subdivided, the new streets shall be carried to the boundaries of the tract proposed to be subdivided, except where it is determined by the Planning Board and approved by the Board of Aldermen that certain streets may not be required to be so extended. SECTION PARCELS OF LAND TO CONSIST OF MULTIPLES OF NORMAL BLOCKS When a parcel of land is subdivided into tracts larger than normal for building lots, the parcels shall be divided, so far as practicable, into normal block multiples so as to allow for the opening of major streets and the making of satisfactory arrangements with the town for the ultimate extension of streets. Adopted November 8, 2012 Page 12-3 Article

226 ARTICLE SUBDIVISION REGULATIONS SECTION PRELIMINARY PLATS (A) In seeking to subdivide land and to dedicate streets, alleys, or other lands for public use, the owner shall submit a preliminary plat, so marked, which plat may be in pencil, to the Planning Board for its review. The Planning Board will review the proposed plat and forward it to the Board of Aldermen with its recommendations. Final approval of the preliminary plat shall be made by the Board of Aldermen, and such plat may not be filed in the Office of the Register of Deeds until such final approval is given. The provisions of this section shall not prohibit any owner or its agent from entering into contracts to sell or lease by reference to an approved preliminary plat for which a final plat has not yet been approved under the provisions of the subdivision ordinance or recorded with the Register of Deeds, provided the contract does all of the following: (1) Incorporates as an attachment a copy of the preliminary plat referenced in the contract and obligates the owner to deliver to the buyer a copy of the recorded plat prior to closing and conveyance. (2) Plainly and conspicuously notifies the prospective buyer or lessee that a final subdivision plat has not been approved or recorded at the time of the contract, that no governmental body will incur any obligation to the prospective buyer or lessee with respect to approval of the final subdivision plat, that changes between the preliminary and final plats are possible, and that the contract or lease may be terminated without breach by the buyer or lessee if the final recorded plat differs in any material respect from the preliminary plat. (3) Provides that if the approved and recorded final plat does not differ in any material respect from the plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than five days after the delivery of a copy of the final recorded plat. (4) Provides that if the approved and recorded final plat differs in any material respect from the preliminary plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than 15 days after the delivery of the final recorded plat, during which 15-day period the buyer or lessee may terminate the contract without breach or any further obligation and may receive a refund for all earnest money or prepaid purchase price. (B) The provisions of this section shall not prohibit any owner or its agent from entering into contracts to sell or lease land by reference to an approved preliminary plat for which a final plat has not been properly approved under the subdivision ordinance, or recorded with the Adopted November 8, 2012 Page 12-4 Article

227 ARTICLE SUBDIVISION REGULATIONS Register of Deeds where the buyer or lessee is any person who has contracted to acquire or lease the land for the purposes of engaging in the business of construction of residential, commercial, or industrial buildings on the land, or for the purpose of resale or lease of the land to persons engaged in that kind of business, provided that no conveyance of the land may occur and no contract to lease it may become effective until after the final plat has been properly approved under the subdivision ordinance and recorded with the Register of Deeds. SECTION CONTENTS OF PRELIMINARY PLATS The preliminary plat shall be drawn to a scale not smaller than one inch to 100 feet and shall show: (A) (B) (C) (D) (E) (F) (G) (H) Name. The subdivision name, the names and addresses of the owners, and the designer of the subdivision and his qualifications. Date, approximate North arrow, and scale. Lot Lines. Lot Dimensions. Boundaries. The boundary line of the tract to be subdivided drawn accurately to scale and with accurate linear and angular dimensions. Location Map. A map showing the location of the subdivision. Primary Dunes. The location of the primary dunes as established by the CAMA regulations. Heritage Trees. The location of all heritage trees. (I) Existing Property Lines. The location of existing and platted property lines, streets, buildings, water courses, railroads, bridges, water mains, sewers, culverts, drainpipes, and public utility easements, and the names of record owners of adjoining parcels of unsubdivided land. (J) Flood hazard zones, wetland delineation and CAMA jurisdiction all must be indicated on the preliminary plat. Adopted November 8, 2012 Page 12-5 Article

228 ARTICLE SUBDIVISION REGULATIONS (K) (L) (M) Proposed Improvements. The names, proposed location, and approximate dimensions of proposed improvements. Structural encroachments, such as gate houses, mail boxes and entrance signs, etc., within private rights-of-way must show the dimensions of the structure and not be located in the site visibility triangle. Provision of legal agreements stating the responsibility as to the maintenance of the structures will be accomplished. Location of the proposed streets, alleys, culs-de-sac, or other public ways. Private Areas within Subdivisions. (1) The Planning Board shall be assured, prior to final plat approval, that adequate provisions have been made through legal covenants and restrictions which shall govern a homeowners' association, or through other legal agreements, that the responsibility as to the maintenance of the streets, utilities or other areas designated as private areas or as a common area will be accomplished by a source other than by public maintenance. (2) The subdivider shall provide and sign an acknowledgment of compliance as specified in Section Such acknowledgment shall appear on the final plat of the subdivision. (N) Sidewalks, Walkways, and Bikeways. Sidewalks, walkways and other pedestrian ways shall be provided by the subdivider within or adjacent to a subdivision, as deemed necessary by the Board of Aldermen upon recommendation of the Planning Board, upon reasonable evidence that the sidewalks, walkways or other pedestrian ways would be essential for pedestrian access to community facilities, that such is necessary to provide safe pedestrian movement outside the street or street rights-of-way area or that such is an extension or could reasonably become an extension of existing sidewalks, walkways and other pedestrian ways. All sidewalks, walkways, and other pedestrian ways shall be aligned as required by the Board of Aldermen upon recommendation of the Planning Board and designed and constructed to conform to Chapter 99 of the Town Code of Ordinances. Sidewalks shall be indicated on all preliminary plans. SECTION CONFORMITY OF PLAT TO REQUIREMENTS Preliminary plats shall be checked for: (A) (B) Conformity to the general street or thoroughfare plan. Conformity to the probable development of adjacent properties. Adopted November 8, 2012 Page 12-6 Article

229 ARTICLE SUBDIVISION REGULATIONS (C) (D) (E) (F) (G) (H) Conformity to the existing street system. Street names. Lot size and arrangement. Necessary public utility easements. Improvements required within town limits. Conformity to policies, requirements, recommendations, and general content of the town's land use plan, access plan, or any other plans, reports, or feasibility studies the Planning Board considers relevant to its review, and other physical development features which may from time to time be determined by comprehensive physical development plans of the planning area. In the event of a conflict in the recommendations of a plan or between plans, the Planning Board may apply the more stringent recommendations if it deems this necessary to protect the public interest. SECTION APPROVED PLATS TO BE KEPT ON FILE A copy of the approved preliminary plat shall be kept on file for public examination. Approval of the preliminary plat shall be valid for a period of 60 days. SECTION SERVICE FACILITIES REQUIRED PRIOR TO FINAL APPROVAL (A) Pursuant to NCGS 160A-371 et seq., the following requirements for service facilities or improvements shall be fulfilled by the owner of a subdivision located within the corporate limits prior to the time a final plat is approved by the Board of Aldermen: (1) Streets and Alleys. Shall be graded to finish section and grade, as approved, with pavement of 20-foot minimum width, consisting of not less than three-inch crushed stone base and 1-1/2-inch bituminous concrete or approved equivalent, completed. Curbs, sidewalks, and driveways shall be provided by the developer. (2) Storm Drainage. A storm drainage system shall be installed which is capable of alleviating runoff waters of a ten year frequency storm. Inlets shall be installed at intervals as needed and at not more than 400 feet intervals. Pipe shall be extended to high water line at discharge. Adopted November 8, 2012 Page 12-7 Article

230 ARTICLE SUBDIVISION REGULATIONS (3) Utilities. (a) Water. Shall be as provided for in Chapter 50 of the Town Code of Ordinances, together with any amendments subsequently adopted by the Board of Aldermen. (b) Sanitary Sewer. Shall be as provided for in Chapter 50 of the Town Code of Ordinances, together with any amendments subsequently adopted by the Board of Aldermen. (c) Electric and Telephone. Services may be provided either overhead or underground. All services shall be installed subject to the franchise rights of the town and to its control. (d) Gas. No underground gas system shall serve more than one lot or one facility. Tank containers may be used as set out in provisions of this code and other ordinances governing the same. (B) (C) All service facilities or improvements required to be installed or constructed shall be installed or constructed in accordance with the specifications standards, policies, or other requirements of the town applicable thereto. Performance Guarantees. In lieu of requiring the completion, installation and dedication of all improvements prior to final plat approval, the Town of Wrightsville Beach may enter into an agreement with the subdivider whereby the subdivider shall agree to complete any remaining required improvements as specified by the approved preliminary plat for that portion of the subdivision to be shown on the final plat within a mutually agreed upon specified time period not to exceed one (1) year. The total cost of the remaining improvements and administration for which the surety is offered shall not exceed fifty thousand dollars ($50,000) except for minor subdivisions that require the extension of sidewalks along existing streets. The surety limit stated in this section shall be adjusted annually, at the beginning of each calendar year or fiscal year, to compensate for construction costs, inflation, or other factors, in accordance with an appropriate established index, as approved by the Town Attorney. Once agreed upon by both parties and the security required herein is provided, the final plat may be approved by the Board of Aldermen, if all other requirements of this Ordinance are met. The Town shall require a certified cost estimate from a licensed contractor or engineer for the cost of completion of such improvements. Adopted November 8, 2012 Page 12-8 Article

231 ARTICLE SUBDIVISION REGULATIONS (1) The subdivider shall provide one of the following Performance Guarantees, elected at the subdivider s discretion, in lieu of installation: (a) Surety Performance Bond(s). The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do business in North Carolina. The bond(s) shall be payable to the Town of Wrightsville Beach, and shall be in an amount not to exceed 1¼ times the entire cost, as estimated by the subdivider in conjunction with the Board of Aldermen, and approved by the Board of Aldermen for installing all required improvements. The duration of the bond(s) shall be until such time as the improvements are completed and accepted as such by the Town of Wrightsville Beach. (b) Cash or Equivalent Security. The subdivider shall deposit cash, an irrevocable letter of credit, or other instrument readily convertible into cash at face value, either with the Town or in a non-interest bearing escrow account with a financial institution designated as an official depository of the Town. The use of any instrument other than cash shall be subject to the approval of the Board of Aldermen. The amount of deposit shall not exceed 1¼ times the cost, as estimated by the subdivider in conjunction with the Board of Aldermen for installing all required improvements. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Town an agreement between the financial institution and himself guaranteeing the following: 1. That said escrow account shall be held in trust until released by the Board of Aldermen and may not be used or pledged by the subdivider in any other matter during the term of the escrow; and 2. That in the case of a failure on the part of the subdivider to complete said improvements, the financial institution shall, upon notification by the Town and submission by the Town to the financial institution of an engineer s estimate of the amount needed to complete the improvements, immediately either pay to the Town of Wrightsville Beach the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the Town any other instruments fully endorsed or otherwise made payable to the Town. (2) Upon default, meaning failure on the part of the subdivider to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account Adopted November 8, 2012 Page 12-9 Article

232 ARTICLE SUBDIVISION REGULATIONS shall, if requested by the Town, pay all or any portion of the bond or escrow fund to the Town of Wrightsville Beach up to the amount needed to complete the improvements based on an engineering estimate. Upon payment, the Wrightsville Beach Board of Aldermen, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The Town shall return to the subdivider any funds not spent in completing the improvements. (3) The Town may release a portion of any security posted as the improvements are completed and recommended for approval by the UDO Administrator. Within thirty (30) days after receiving the UDO Administrator s recommendation, the Board of Aldermen shall approve or not approve said improvements. If the Board of Aldermen approves said improvements, then it shall immediately release any security posted. (4) For subdivisions which are underwritten or constructed with federal funds and for which the specifications for facilities or improvements are equal to or of a higher standard than those required by the Town, the bond-posting requirement may be waived and the final plat approved prior to completion of facilities or improvements. SECTION FINAL PLAT The original tracing and two copies of the final plat shall be filed with and approved by the UDO Administrator. In the event the final plat is approved, a statement of that fact shall be transcribed to the tracing and one copy returned to the subdivider for recording, and one copy shall be retained by the town. The approval shall be void unless the final plat is offered for filing and recording in the Office of the Register of Deeds within 90 days of date of approval. SECTION CONTENTS OF FINAL PLAT (A) (B) Final plats submitted for approval shall be in accordance with NCGS 47-30, as amended and to the State Board of Registration for Professional Engineers and Land Surveyors "Manual of Practice for Land Surveying." The final plat shall conform with the approved preliminary plat. A certified copy of the private or subdivision restrictions or covenants proposed to be applied to the subdivision, if any, shall accompany the submittal of the final plat. Adopted November 8, 2012 Page Article

233 ARTICLE SUBDIVISION REGULATIONS (C) Required Statements, Certificates, and Forms. (1) Certificate of Dedication. A certificate of ownership and dedication shall be shown properly completed and signed by the owners and all other interested parties, similar in wording to the following: "The undersigned hereby acknowledge(s) this plat and allotment to be (his, her, their) free act and deed, and hereby dedicate(s) to public use as streets, playgrounds, parks, open spaces, and easements forever all areas so shown or indicated on said plat. Signed..." (2) All property shown on the plat as dedicated for a public use shall be deemed to be dedicated for any other public use authorized by the Town Charter or any general, local, or special law pertaining to the town, when such other use is approved by the Board of Aldermen as in the public interest. (3) Street, utility and drainage maintenance disclosure statements signed by the owner and/or subdivider for private development. (4) All structures to be constructed, improved, or rehabilitated within the area delineated as the one-hundred-year flood area on the "Flood Boundary and Floodway Map, Town of Wrightsville Beach" shall be constructed, improved or rehabilitated in conformance with the Town s flood management regulations (Article , Part I). (5) All lots as depicted on the plat meet or exceed the minimum area and dimensional requirements of the zoning district in which located. (6) The availability of water and/or sewer service to the lots in this subdivision is subject to the completion of certain water and/or sewer line extensions by the town, and certificates of occupancy will not be issued for structures on such lots until such extensions are completed. Adopted November 8, 2012 Page Article

234 ARTICLE SUBDIVISION REGULATIONS (7) Certificate of Registration by Register of Deeds. State of North Carolina County of New Hanover Filed for registration on the day of, 20 at (am/pm) and duly recorded in Map Book at Page. Register of Deeds (8) Certificate of Accuracy and Mapping. I, certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision); deed description in Book, Page, Book, Page, etc. (other); that the error of closure as calculated by latitudes and departures is 1: ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book, Page ; that this map was prepared in accordance with NCGS Section as amended. Witness my hand and seal this day of, 20. Surveyor State of North Carolina County of New Hanover I,, a Notary Public for said County and State, do hereby certify that personally came before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this day of, 20. Official Seal Notary Public My Commission Expires: (D) Form of Endorsement. A form for the endorsement of the Town shall be stamped on the Final Plat before recording. Adopted November 8, 2012 Page Article

235 ARTICLE SUBDIVISION REGULATIONS (E) Certificate of Ownership and Dedication. I (we) hereby certify that I am (we are) the owner (s) of the property shown and described hereon and that I (we) hereby adopt this plan of a subdivision with my (our) own free consent, establish minimum setback lines, and dedicate all streets, alleys, walks, parks and other sites to public or private use as noted. Further, I (we) certify the land as shown hereon is within the platting jurisdiction of the Town of Wrightsville Beach, North Carolina. Date Owner (F) Enforcement - No Service or Permits Until Final Plat Approved. No street shall be accepted and maintained by the town nor shall any street lighting be installed and added to the existing town systems until the final plat is approved. PART II. SUBDIVISION REGULATIONS SECTION MINIMUM REQUIREMENTS The requirements set forth in this Article shall be considered the minimum requirements and shall be varied only in specific cases. SECTION STREET PLANS, RIGHTS-OF-WAY, AND BLOCKS (A) (B) General Street Plan. All subdivision streets shall conform as to width and location to the general street or thoroughfare plan for the town. Right-of-Way. The minimum right-of-way for streets shall be 60 feet. Additional right-ofway may be required for other than residential streets in accordance with the general street plan as adopted by the Board of Aldermen. Streets or lanes having length of 400 feet or less and being open or connected at one end only shall be not less than 50 feet. A partial width street, so designated, may be dedicated when adjoining undeveloped property; provided, that the width of the dedication, when permitted by the Planning Board and approved by the Board of Aldermen, shall be such as to permit the installation of the public facilities as may be necessary to serve the lots abutting thereon. The owner of a subdivision of land abutting an existing partial width street shall be required to dedicate the remainder of the full required width of the street. Adopted November 8, 2012 Page Article

236 ARTICLE SUBDIVISION REGULATIONS (C) Alleys. The minimum width of any alley shall be 20 feet, except in commercial districts where the minimum width shall be not less than 22 feet. Alleys shall be required in all blocks along the rear line of business property. (D) Easements. Where alleys are not provided, easements of not less than five feet in width shall be provided on each side of all rear lot lines where necessary or in other locations as may be directed by the Planning Board, subject to final approval by the Board of Aldermen, for poles, wires, conduits, storm or sanitary sewers, telephone, and water lines. Easements of greater width may be required along the lines of or across lots where necessary for storm drainage channels, surface overflow or for the extension of main sewers or similar utilities. (E) (F) (G) (H) Culs-de-Sac. Culs-de-sac and dead-end streets shall terminate in a circular right-of-way having a minimum radius of 40 feet. This provision may be modified by the Planning Board, subject to final approval by the Board of Aldermen. The culs-de-sac shall not exceed 400 feet in length. Intersecting Streets. Intersecting streets shall be laid out at intervals that block lengths are not more than 800 feet, except where the principal street serves lots fronting upon water areas and access by intersecting street is not required; or where the principal street serves a narrow island, strip of land, peninsula or is a cul-de-sac; or where, in the opinion of the Planning Board, subject to final approval by the Board of Aldermen, existing conditions justify a modification of this requirement. Block Widths. Blocks shall be wide enough to allow two tiers of lots of minimum depth, plus alleys if needed and easements, except when prevented by topographical conditions or the size of the property in which case the Planning Board may approve a single tier of lots of minimum depth. Public Access. Public access shall be provided in accordance with the recommendations of the town's land use plan and access plan, and/or the present amount of public access and public parking as exists within the town now. If any recommendations are found to conflict, the system requiring the greatest quantity and quality of public access, including parking, shall govern. SECTION REQUIREMENTS FOR STREETS (A) Street Intersections. Street intersections shall be as nearly to right angles as possible, and no intersections shall be at an angle less than 45 degrees. Adopted November 8, 2012 Page Article

237 ARTICLE SUBDIVISION REGULATIONS (B) Street Off-Sets. Off-sets at street intersections shall not be approved, except where deemed justifiable by the Planning Board and approved by the Board of Aldermen. (C) (D) (E) (F) (G) Reserve Strips for Limited Access Roads. Subdivisions showing reserve strips controlling access to public ways shall not be approved, except when the control and disposition of land comprising the strips is definitely placed within the town's jurisdiction under conditions meeting the approval of the Planning Board and Board of Aldermen. Street Names. Determinations regarding new street names, or changes in street names must be reviewed by the New Hanover County 911 Administrator. Street names shall be subject to the approval of the Board of Aldermen upon recommendation of the Planning Board. Monuments. Permanent monuments shall be placed at all intersections or at the tangent points of curves connecting intersecting street lines, at the points of curvature and tangency in curved street lines, at all corners in the exterior boundary of the subdivision, and at other points as may be necessary to make the retracing of the lines as shown upon the final plat thereof reasonably convenient. The location of all monuments shall be clearly designated on the final plat. All lot corners shall be marked by permanent markers. Curves. Street lines within the block deflecting from each other at any one point more than 5 shall be connected by a curve, the radius of which shall be as determined after considering the factors of sight-distance, type, and importance of street, anticipated traffic volume, and convenience of traffic movement. All streets shall be constructed to the specifications of the Town (see Chapter 99 of the Town Code of Ordinances). SECTION LOT SIZES AND SIDE LINES (A) (B) (C) Area, Width. All lots shall conform to Section , Zoning District Development Standards. Side Lines of Lots. Side lines of lots shall be at right angles or radial to the street lines, unless a variation from the rule will give a better street and lot plan. Double Frontage Lots and Corner Lots. Lots with double frontage running through the block from the street, shall be avoided where practicable. Corner lots should be so designed as to prevent the rear of a building on a corner lot from protruding beyond the setback line of a building fronting the street which constitutes the side of the corner lot. Adopted November 8, 2012 Page Article

238 ARTICLE SUBDIVISION REGULATIONS (D) Radius of Property Lines at Intersections. Property lines at corners of all intersecting streets shall generally be rounded by an arc having a radius of not less than 15 feet except that property lines at major street intersections or at other locations where traffic hazards and congestion may be anticipated shall be designed as special cases, and the necessary street rights-of-way shall be provided therefor at the direction of the Planning Board, subject to final approval by the Board of Aldermen. SECTION SETBACK LINES, UNUSABLE LOTS, AND LAND ELEVATION (A) Building Setback Lines. Building setback lines may be required to be shown and properly designated which shall be not less than those required by zoning provisions of this UDO. (B) Unusable Lots. Where property is so platted as to leave unusable lots, the lots shall be included within the subdivision and designated by the words "reserve lot" followed by a numeral or letter to distinguish them from other normal lots in the subdivision. (C) Land Elevation Requirements. No lands shall be platted for subdivision, the building and street areas of which are less than 7-1/2 feet mean sea level (MSL Beaufort Datum). SECTION MODIFICATION OF CERTAIN REQUIREMENTS The regulations concerning street widths, block lengths and widths, and dead-end streets set forth in Section and Section may be modified by the Planning Board, subject to final approval by the Board of Aldermen in the case of a subdivision of a tract of land large enough to be developed as a relatively complete development or group housing project in accordance with a well-studied plan, properly safeguarded by restrictions and which adequately provide for traffic circulation, light and air needs, and recreational requirements for the maximum anticipated population and containing other requirements as may be recommended by the Planning Board and approved by the Board of Aldermen. PART III. GROUP HOUSING DEVELOPMENTS SECTION COMMONLY OWNED AREAS All planned developments shall contain commonly owned land equal in area to 20% of the entire development, exclusive of streets and parking areas. Common areas shall not be less than one acre in size and shall be held in non-profit corporate ownership by the owners of lots within the development 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 Adopted November 8, 2012 Page Article

239 ARTICLE SUBDIVISION REGULATIONS restricted against private ownership for any other purpose. If the corporation desires, landscaping and recreational improvements may be made within the common areas; provided, that maximum coverage of the improvement shall not exceed 25% of the entire common property. 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. All property owners associations shall comply with Section SECTION DENSITY The overall density of a group housing development shall not exceed that permitted by applicable zoning requirements contained in Article All remaining land not shown as lots, streets, or parking area shall be designated as common areas. SECTION UNIT OWNERSHIP AND CONDOMINIUMS Before a declaration establishing a condominium or unit ownership development may be recorded, the declaration plan and restrictions shall be approved by the UDO Administrator and comply with Section as preliminary and final plats are approved. SECTION SITE PLANS Site plans for all group housing developments shall show the location of the buildings, streets, alleys, walks, parking areas, recreation areas, tree cover, and planting. The site plan shall number and show the dimensions of all building sites and all streets and utility easements to be dedicated to the public. All areas on the site plan other than public streets, parking areas, easements or private building sites shall be shown and designated as common areas. SECTION PUBLIC ACCESS, EASEMENTS, AND PRIVATE PARTY WALLS Building lots may abut or be provided with frontage on common areas, properly restricted through a property owners association to assure adequate access, if in the opinion of the UDO Administrator, a public street is within an acceptable distance and would allow adequate community services. Easements over the common area for access, ingress, and egress from and to public streets and walk-ways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site. 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. Refer to NC State Building Code. Adopted November 8, 2012 Page Article

240 ARTICLE SUBDIVISION REGULATIONS SECTION UTILITIES AND IMPROVEMENTS REQUIRED All planned developments shall include town water and sewer utilities, sidewalks, streets, and parking. All utilities, sidewalks, streets, and parking shall be on dedicated rights-of-way and all streets and parking shall be paved and shall have proper curb, gutter, and storm drainage. In lieu of requiring the completion, installation and dedication of all improvements prior to final plat approval, the subdivider may provide a Performance Guarantees as outlined in subsection (C). Adopted November 8, 2012 Page Article

241 APPENDIX A. DEFINITIONS Section A.1 Purpose A-2 Section A.2 Interpretation A-2 Section A.3 Definitions A-3 Adopted November 8, 2012 Page A-1 Appendix A

242 APPENDIX A. DEFINITIONS Section A.1 Purpose For the purposes of this Ordinance, certain words, concept, and ideas are defined herein. Except as defined herein, all other words used in this Ordinance shall have their customary dictionary definition. Section A.2 Interpretation (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) As used in this Ordinance, words importing the masculine gender include the feminine and neuter. Words used in the singular in this Ordinance include the plural and words used in the plural include the singular. Words used in the present tense include future tense. The word person includes a firm, association, organization, corporation, company, trust, and partnership, LLC, and any other legal entity, as well as an individual. The words may and should are permissive. The words shall and will are always mandatory and not merely directive. The word used for shall include the meaning designed for. The words used or occupied shall mean intended, designed, and arranged to be used or occupied. The word lot shall include the words plot, parcel, site, and premises. The word structure shall include the word building. (K) The word street includes the word alley, road, cul-de-sac, highway, or thoroughfare, whether designated as public or private. (L) (M) The word includes shall not limit the term to specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. The word Aldermen shall mean Board of Aldermen of Wrightsville Beach, North Carolina. Adopted November 8, 2012 Page A-2 Appendix A

243 APPENDIX A. DEFINITIONS (N) (O) (P) (Q) (R) The word administrator shall mean the UDO Administrator or his/her designee. The words Planning Board shall mean the Wrightsville Beach Planning Board. The word Town shall mean the Town of Wrightsville Beach, a municipality of the State of North Carolina. The words map, zoning map, and Wrightsville Beach Zoning Map shall mean the Official Zoning Map for the Town of Wrightsville Beach, North Carolina. The words Board of Adjustment shall mean the Wrightsville Beach Board of Adjustment. Section A.3 Definitions 1939 Line A line established by the Town in 1939 pursuant to the authority set forth in Public Laws of North Carolina, session 1939, Chapter 246, adopted by the North Carolina General Assembly in This line runs from approximately Jack Parker Boulevard north to Heron Street and is designated more specifically on those maps recorded in Map Book 3 pages 71, 71A and 71B, New Hanover County Registry. A Access Structure A built upon surface allowing access to the beach area. Accessory Building A building where it is incidental to that of the main building and is detached and located on the same lot. Garages, carports, and storage sheds are common urban accessory buildings. Accessory Equipment Any equipment serving or being used in conjunction with a telecommunication facility or support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures. Accessory Structure A structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports, and storage sheds are common urban accessory structures. Pole barns, hay sheds, and the like qualify as an accessory structure on farms and may or may not be located on the same parcel as the farm dwelling or shop building. Adopted November 8, 2012 Page A-3 Appendix A

244 APPENDIX A. DEFINITIONS Accessory Use A use customarily incidental and subordinate to the principal use or building and located on the same lot with the principal use or building. Addition (To an Existing Building) An extension or increase in the floor area or height of a building or structure. Adjacent Property Properties immediately adjacent to the property of a request, including properties and any portions of properties directly opposite from the property of the request but separated by a street right-ofway. Adult Care Home An assisted living residence in which the housing management provides 24-hour scheduled and unscheduled personal care services to two or more residents, either directly or for scheduled needs, through formal written agreement with licensed home care or hospice agencies. Some licensed adult care homes provide supervision to persons with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and therefore require supervision. Medication in an adult care home may be administered by designated trained staff. Adult care homes that provide care to two to six unrelated residents are commonly called family care homes. Alteration As applied to a building, means any change or modification in construction exit facilities, building equipment, or permanent fixtures which does not include an addition to the building. Antenna Any structure or device used to collect or radiate electromagnetic waves for the provision of cellular, paging, personal communications services (PCS) and microwave communications. Such structures and devices include, but are not limited to, directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips. Apartment A portion of a building consisting of one or more rooms with bath and kitchen designed for use as a single-family residence. Appeal A request for a review of the UDO Administrator s interpretation of any provision of this Ordinance. Adopted November 8, 2012 Page A-4 Appendix A

245 APPENDIX A. DEFINITIONS Approval Authority The Board of Aldermen shall be the approval authority for all applications for the establishment of vested rights. Approved Approved by the UDO Administrator or his/her designee. Area of Shallow Flooding A designated Zone AO on a community s flood insurance rate map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Auditorium A building or structure designed or intended for use for the gathering of people as an audience to hear music, lectures, plays, or other presentations. Average Foot-Candles The average of a number of points of foot-candle calculations or foot-candle readings, either horizontal or vertical, in a given area. The calculations may be initial or maintained foot-candles. Average foot-candles are calculated from measurements on a grid. Awning A structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building, but not a canopy. B Banner A sign made of flexible materials and supported along one or more sides or at two or more corners by one or more fixed, rigid supports, such as poles, rods, or a wall. Barber or Beauty Shop A commercial enterprise or business established for the purpose of providing hair cutting services and accessory services which are typical of barber and beauty shops. Basement Any area of the building having its floor subgrade (below ground level) on all sides. Adopted November 8, 2012 Page A-5 Appendix A

246 APPENDIX A. DEFINITIONS Base Flood The flood having a 1% chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE) The elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year. The BFE is shown on the Flood Insurance Rate Map (FIRM). Beach Access A naturally occurring or built upon surface facilitating pedestrian access to the public beach area. Beach Access Structure An access structure or beach walkover or other permitted structure permitting or facilitating access to the beach area. Beach Walkover A means of providing access from the landward side of a dune or dune system to the public beach without disturbing the nature of the dune or surrounding vegetation; access is facilitated by way of a structure installed upon pilings over the dune and terminating at the toe of the dune. Billboard An independent advertising device used to disseminate information concerning a place, activity, or thing not pertaining to the use of the land upon which the advertising device is located. Board of Aldermen The governing body of the Town of Wrightsville Beach, North Carolina. Boat Sales and Service A business that sells and services boats with no multi-level storage, no gas sales and no direct water access. Breach A break or gap in the continuity of a dune caused by wind, water or pedestrians. Breakaway Wall A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Adopted November 8, 2012 Page A-6 Appendix A

247 APPENDIX A. DEFINITIONS Bufferyard A required open space, containing only screening and other uses as provided by this Ordinance. Both rear yards and side yards shall be considered bufferyards. Building Any structure enclosed and isolated by exterior walls constructed or used for residence, business, industry, or other public or private purpose, or accessory thereto. Building Front The side of a building parallel to, or most nearly parallel to, the lot frontage line or the side of the building containing the primary entrance as designated by the owner. A building front may not face a side or rear lot line. Building, Height of 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 purposes of this definition shall be the street which is the address of the lot. Features which increase the height of the street at its center above its average grade, such as speed bumps, shall be omitted in determining building height. Adopted November 8, 2012 Page A-7 Appendix A

248 APPENDIX A. DEFINITIONS Building Inspector The town Building Inspector who is charged by the UDO Administrator with enforcement of this Ordinance, where applicable. Building Permit All land use, development, or building of any sort, excluding agricultural uses, shall be required under this Ordinance to make application for, receive approval of, and obtain a permit for said land use, development, or building. This shall include but not be limited to any land disturbing activities other than that stated above. Building, Principal A building in which is conducted the principal use of the lot on which it is situated. Building Setback Line A line establishing the minimum allowable distance between the property line and the nearest portion of any structure or building constructed on a lot. No building or structure or portion of a building or structure of any kind shall be permitted between the building setback line and the property line, either below, at, or above ground level, except as set forth herein, in Section 2.10, or elsewhere in this Ordinance. Bulkhead A vertical wall structure designed to retain shoreline material and prevent erosion due to wave activity. C Caliper The measurement of the diameter of a tree trunk. Measurement shall be taken six inches above grade. CAMA North Carolina s Coastal Area Management Act. This act, along with the dredge and fill law and the federal Coastal Zone Management Act, is managed through the North Carolina Department of Environment and Natural Resources (NCDENR), Division of Coastal Management (DCM). Adopted November 8, 2012 Page A-8 Appendix A

249 APPENDIX A. DEFINITIONS CAMA Local Permit Officer (Code Enforcement Official, LPO) Staff of the Planning and Inspections Department of the town trained by the Division of Coastal Management to implement the CAMA regulations for minor permits. The Code Enforcement Official referred to in this Ordinance is also a CAMA Local Permit Officer. Cane The slender, strong but often flexible stem of a shrub. Canopy A structure other than an awning made of cloth, metal, or other material which may be totally or partially attached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy is not a completely enclosed structure. Carrier on Wheels or Cell on Wheels (COW) A portable self-contained cell site that can be moved to a location and set up to provide personal wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure. Cellar A portion of a building located partly or wholly underground having an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground. Chemical Storage Facility A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products. Child Care Center An arrangement where, at any one time, there are three or more preschool-age children or nine or more school-age children receiving child care. Coastal Barrier Resources System (CBRS) Undeveloped portions of coastal and adjoining areas established by the Coastal Barrier Resources Act (COBRA) of 1982, the Coastal Barrier Improvement Act (CBIA) of 1990, and subsequent revisions, and includes areas owned by federal or state governments or private conservation organizations identified as otherwise protected areas (OPA). Coastal High Hazard Area A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on a FIRM, or other adopted flood map as determined in Article , Part I of this Ordinance, as Zone VE. Adopted November 8, 2012 Page A-9 Appendix A

250 APPENDIX A. DEFINITIONS Collocation The act of siting telecommunications facilities in the same location on the same support structure as other telecommunications facilities. Collocation also means locating telecommunications facilities on an existing structure (i.e., buildings, water tanks, towers, utility poles, etc.) without the need to construct a new support structure. Computation of Time The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day is Saturday, Sunday, or a legal holiday, that shall be excluded. Conditional Use Process or Permit Required for all stated conditional uses including building, development, land use, and the like. The process as set forth in this Ordinance requires that certain stipulations, projections, prerequisites, qualifications, and the like will be fulfilled if the proposed project is to be permitted. Construction, Light Marina Related An activity whose principal business is the construction of marina related structures such as floating docks, piers and other accessory structures, excluding the construction of boats and other water vessels. Coppice Mounds The initial stages of dune growth formed as sand accumulates on the downwind side of plants and other obstructions on or immediately adjacent to the beach seaward of the foredunes. Coppice mounds may be unvegetated. County The County of New Hanover, in the State of North Carolina, except as otherwise provided. D Damaged Trees Trees with structural defects are considered to be damaged. Some indicators of damaged trees are: (1) Burlwood. Indicates abnormal wood growth and is associated with strength loss. (2) Cavities and Decay. These bad spots in a tree are great for wildlife but are often cause for removal near structures. Adopted November 8, 2012 Page A-10 Appendix A

251 APPENDIX A. DEFINITIONS (3) Construction Injury. Roots, trunk and branches can be severely damaged by grading equipment. Many times this damage is extensive enough that the tree should be removed. (4) Dead Branches. Large dead branches and hangers should be removed if there is no other damage to the tree. Long overextended branches also should be removed. Dead branches by themselves are not cause for removal. (5) Dead Tree. If more than 50% of the major limbs are dead or dying and the tree is in a declining state, it shall be removed. (6) Edge Tree. If an edge tree is leaning and it has a potential target, it should be removed. Natural lean and leans where the ground is being heaved are both considered leans. (7) Fungal Fruiting Bodies (Mushrooms and Conks). This can mean significant strength loss and should be investigated by a professional and removed if it is warranted. (8) Roots, Cankers, Cracks. These can be signs of significant structural strength loss. Either removal or further professional investigation is needed. Deteriorated That a dwelling is unfit for human habitation and can be repaired, altered, or improved to comply with all the minimum standards established by this Ordinance, at a cost not in excess of 50% of its value, as determined by findings of the UDO Administrator. Development Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Diameter Breast Height (DBH) A measure of the size of a tree. Diameter is measured by finding the circumference of the tree trunk with a tape measure and dividing the result by pi ( ). The circumference measure shall be taken at breast height - four and one-half feet above existing grade (the base of the tree). In the event of a multitrunk tree, the DBH of each trunk shall be summed to determine a total DBH for that tree. Dilapidated That a dwelling is unfit for human habitation and cannot be repaired, altered, or improved to comply with all the minimum standards established by this Ordinance at a cost not in excess of 60% of its value, as determined by findings of the Inspector. Adopted November 8, 2012 Page A-11 Appendix A

252 APPENDIX A. DEFINITIONS Disposal As defined in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. Dock and Piers Platforms that extend into public waters for purposes such as mooring watercraft, loading and unloading watercraft, water access, and seating areas. Private docks and piers include those structures associated with residentially zoned areas and for which no rent or fees are charged for use. Commercial docks and piers are those structures associated with commercially zoned areas or for which rents or other fees are charged for use, or for which membership is required for use, such as private clubs. Drip Line The ground area under a tree, directly under the tips of its outermost branches, where it sheds rain or irrigation water. Dune Dynamic sand deposition(s) representing a fluctuation in elevation within that area of the beach having development limitations as prescribed within this Ordinance. The word "dune" as used in this Ordinance shall mean frontal or single dunes, dune ridges, and dune systems or any part thereof, both old and new, and shall include the vegetative cover related to these dunes. Dune Ridge (Dune System) The continuous line of dunes which are usually well vegetated and rise landward of the beach area but may also rise directly from a flat, wave-cut beach immediately after a storm. A continuous line of dunes having primary dune height is called a primary dune system (see Primary Dune). Duplex A building consisting of two dwelling units arranged or designed to be occupied by two families living independently from each other. The units shall share a common and contiguous wall, where the units are side by side, or abutting ceiling and floor, where one unit is above the other. Adopted November 8, 2012 Page A-12 Appendix A

253 APPENDIX A. DEFINITIONS Dwelling Any building which is wholly used or intended to be used for living or sleeping by human occupants whether or not such building is occupied or vacant; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling. Dwelling, Multi-family A building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their own cooking therein on a site of less than one acre. See also Housing Development. Dwelling Unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. E Elevated Building A non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Encroachment The advance or infringement of uses, fill, excavation, buildings, permanent structures, or development into a floodplain (which may impede or alter the flow capacity of a floodplain), or into a required setback. Eroding Area A portion of the shoreline which is experiencing an historical erosion rate of greater than two feet per year based on published data. Erosion The wearing away of land or the removal of beach and/or dune sediments by wave action tidal currents, wave currents, drainage, or wind. Erosion includes, but is not limited to, horizontal recession and scour and can be induced or aggravated by human activities. Extermination The control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping or by other recognized and legal pest elimination methods approved by the UDO Administrator. Adopted November 8, 2012 Page A-13 Appendix A

254 APPENDIX A. DEFINITIONS F Family One or more persons related by blood, marriage, or adoption, living as a single housekeeping unit, and having a recognized head of household, or not more than four persons not so related, occupying a dwelling unit and living as a single housekeeping unit. Family Care Home An adult care home having two to six residents. The structure of a family care home may be no more than two stories high, and none of the aged or physically disabled persons being served there may be housed in the upper story without provision for two direct exterior ground-level accesses to the upper story. Family Child Care Home A child care arrangement located in a residence where, at any one time, more than two children, but less than nine children, receive child care. Fence Any constructed barrier of any material or combination of materials serving as an enclosure or boundary. A fence shall include all supporting and associated structures such as columns, decorations, gates, and berms. Fences may be open or solid provided the natures of the construction does not violate the provisions of Section Festoon A chain or garland of flowers, leaves, ribbons, or similar material hung or strung as a decoration. Fixture Assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens. Floating Home (1) Any vessel in fact used, designed, or occupied as a permanent dwelling unit, business office, or source of any occupation or for any private or social club of whatsoever nature, including, but not limited to, a structure constructed upon a barge primarily immobile and out of navigation or which functions substantially as a land structure while the same is anchored, moored, or docked within the zoning jurisdiction of the town, whether such vessel is self propelled or not and whose volume coefficient is greater than 3,000 square feet. Volume coefficient shall be determined by dividing the habitable space of a vessel measured in cubic feet by the draft of a vessel measured in feet of depth. Adopted November 8, 2012 Page A-14 Appendix A

255 APPENDIX A. DEFINITIONS (2) Where the dead weight of a vessel is excessive from the use of ballast or the extensive use of materials not reasonably needed to provide a safe and durable hull, the weight of such ballast or additional hull thickness shall be computed and any draft resulting from such excess weight or from keels or other projections from the vessel's bottom shall not be included in the vessel draft used to compute the volume coefficient of the vessel. Flood or Flooding A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. Flood Insurance The insurance coverage provided under the National Flood Insurance Program. Flood Insurance Rate Map (FIRM) An official map of a community, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated. Flood Insurance Study (FIS) An examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. The flood insurance study report includes flood insurance rate maps (FIRMs). Flood Prone Area See Floodplain. Floodplain Any land area susceptible to being inundated by water from any source. Floodplain Administrator The UDO Administrator or his/her designee appointed to administer and enforce the floodplain management regulations. Floodplain Development Permit Any type of permit that is required in conformance with the provisions of this Ordinance prior to the commencement of any development activity. Adopted November 8, 2012 Page A-15 Appendix A

256 APPENDIX A. DEFINITIONS Floodplain Management The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. Floodplain Management Regulations Article , Part I, and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood prone areas. This term describes federal, state, or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Flood Proofing Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitation facilities, structures, and their contents. Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Flood Zone A geographical area shown on a flood hazard boundary map or flood insurance rate map that reflects the severity or type of flooding in the area. (1) Zone A. Areas subject to inundation by the 1-percent-annual-chance flood event generally determined using approximate methodologies. Because detailed hydraulic analyses have not been performed, no Base Flood Elevations (BFEs) or flood depths are shown. Mandatory flood insurance purchase requirements and floodplain management standards apply. (2) Zone AE and A1-30. Areas subject to inundation by the 1-percent-annual-chance flood event determined by detailed methods. Base Flood Elevations (BFEs) are shown. Mandatory flood insurance purchase requirements and floodplain management standards apply. (3) Zone VE. Areas subject to inundation by the 1-percent-annual-chance flood event with additional hazards due to storm-induced velocity wave action. Base Flood Elevation (BFEs) derived from detailed hydraulic analyses are shown. Mandatory flood insurance purchase requirements and floodplain management standards apply. Adopted November 8, 2012 Page A-16 Appendix A

257 APPENDIX A. DEFINITIONS Floor A floor shall be the base or supporting surface of a structure or the lower most horizontal plane of an enclosed area, whether finished or unfinished, and including at each level all open area for interior stairwells, elevators and mechanical chases. Floor Area The total area of all habitable rooms in a building/structure. Floor Area Ratio (FAR) The ratio of the measured area of a structure to the lot on which it is built expressed as a decimal. Only the measured area above the Base Flood Elevation shall be included in the calculation. The measured area and the lot size are always measured in square feet. Applies to single-family and duplex structures only. Foot-Candle Illuminance produced on a surface as measured by a calibrated light meter. Freeboard The height added to the base flood elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization on the watershed. The base flood elevation plus the freeboard establishes the Regulatory Flood Protection Elevation. Adopted November 8, 2012 Page A-17 Appendix A

258 APPENDIX A. DEFINITIONS Frontal Dune The first mound of sand located landward of that area extending from the mean low water line to a point where vegetation or a change in elevation occurs having sufficient vegetation, height, continuity and configuration to offer protective value. Full Cut-Off Lights An outdoor light fixture that emits no light rays above the horizontal plane of the fixture. Functionally Dependent Facility A facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities. G Garage An area used or capable of being used for normal automobile storage with normal automobile access. Garbage The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. General Maintenance Activities Activities related to a structure that involve cleaning and painting and repair or replacement of existing components of the structure with like components in such a way that the existing design of the structure is not altered. Glare Light emitted from a light fixture with intensity great enough to reduce a viewer's ability to see, and in extreme cases, causing momentary blindness; the eye's direct line-of-sight contact with a light source. Adopted November 8, 2012 Page A-18 Appendix A

259 APPENDIX A. DEFINITIONS Green Space An area consisting solely of dirt, mulch, or other similar natural ground cover and natural planting materials. Guest Home or Tourist Home Any dwelling occupied by owner or operator in which rooms are rented for guests and for lodging of transients and travelers for compensation, where not more than four rooms are used for these purposes. H Habitable Room A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers or communicating corridors, closets and storage spaces. Habitable Space Suitable for habitation and/or housing with a controlled physical environment in which people can live under surrounding hospitable conditions. Habitable space shall also include any space below the 100-year base flood elevation which is finished and which enhances the structural stability of the walls to exceed 20 pounds per square foot. Examples of finished space shall include but not be limited to furniture in place, no floodway openings, and used in the manner described in this definition. Hazardous Waste Facility As defined in NCGS 130A, Art. 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste. Health Club A commercial enterprise or business established for the purpose of providing facilities for physical exercise with the use of athletic equipment and accessory services which are typical of health clubs. Heritage Species Any live oak tree or eastern red cedar tree. Highest Adjacent Grade (HAG) The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure. Adopted November 8, 2012 Page A-19 Appendix A

260 APPENDIX A. DEFINITIONS Highway A dedicated and accepted public right-of-way for vehicular traffic. A Highway shall include all of the dedicated right-of-way and shall not be limited to the paved surface only. Historic Structure Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a local inventory of historic landmarks in communities with a Certified Local Government (CLG) Program; or (4) Certified as contributing to the historical significance of a historic district designated by a community with a Certified Local Government (CLG) Program. Certified Local Government Programs are approved by the U.S. Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in Holiday Lighting Temporary seasonal lighting, in the nature of decorations, clearly incidental to and customarily associated with nationally recognized holidays. Home Occupation Occupations described herein which are carried out within a dwelling unit for the purpose of gain or support by a person or resident of such premises in accordance with the regulations of this Ordinance. Permitted home occupations shall be limited to office and professional use and homecrafts. Horizontal Illuminance Light falling on a horizontal surface measured in foot-candles. Hotel and Motel A building designed for occupancy for transients and having 16 or more rooms or suites of rooms for rent to such transients. Such hotel or motel shall contain an on-site office of the purpose of renting rooms and such other operational functions normal to a hotel or motel. Single rooms shall contain no more than 500 square feet including one bathroom. Suites shall consist of no more than two rooms not to exceed a total of 600 square feet with one bathroom. Suites may consist of two Adopted November 8, 2012 Page A-20 Appendix A

261 APPENDIX A. DEFINITIONS or more units in combination; however, when this is the case, each unit shall be counted separately for density and parking requirements. (See Apartment, Dwelling-Multifamily.) Hotel and Motel Suite A suite shall be defined as two rooms sharing bath facilities not to exceed a total of 600 square feet. Hotel and Motel Unit A unit shall be defined as one room and a bath with or without kitchen facilities not exceeding 500 square feet. Household Appliance White goods or large electrical appliances that are typically, but not necessarily, finished in white enamel. Household appliance includes, but shall not be limited to, a stove, refrigerator, washing machine, clothes dryer and dishwasher. Housing Development A group of three or more dwelling units on property designed for occupancy by separate families. Examples would be: cluster-type subdivisions; planned unit developments; apartments; and housing projects, a project constructed for unit ownership as permitted by the North Carolina Unit- Ownership Act, (NCGS Ch. 47A) when approved under the requirements for group housing developments as set forth in the subdivision regulations of the town. Zero setback single-family housing may be allowed provided the housing complies with the conditional use standards and the setback of the opposite lines shall be double that required for the zone. I IESNA Illuminating Engineering Society of North America. Indirect Illumination Illuminated as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source that is not visible to an observer. Infestation The presence, within or around a dwelling, of any insects, rodents, or other pests in such numbers as to constitute a menace to the health, safety, or welfare of the occupants or to the public. Adopted November 8, 2012 Page A-21 Appendix A

262 APPENDIX A. DEFINITIONS In the Town Any territory, jurisdiction of which for the exercise of its regulatory power has been conferred on the town by public or private law. J None K None L Landlocked Waterfront Lot Lots not abutting any streets, but abutting a public beach or waterway. Levee A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Levee System A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Level of 100-Year Flood The highest level of flooding that, on the average, is likely to occur once every 100 years (or has a 1% chance of occurring each year). In no case, however, shall any structure have habitable space below a minimum of two feet above the base flood elevation as shown on the federal flood insurance rate maps in both the A and V Zones and in both residential and non-residential structures. Both new construction and/or substantial improvement of existing structures shall comply with the requirements of this Ordinance at the lowest supporting structural member in the V Zone and at the finished floor elevation in the A Zone. Light(ing) Light emanating from any human-made device. Adopted November 8, 2012 Page A-22 Appendix A

263 APPENDIX A. DEFINITIONS Light Pollution General sky glow caused by the scattering of artificial light in the atmosphere. Light Source (Lamp) Any light or lighting that directly radiates visible light; part of the fixture that produces actual light. Light Trespass Shining of light produced by a light fixture, other than a municipal street light on a public right-of-way, beyond the boundaries of the property on which it is located. A calibrated measurement above 0.1 foot-candles on the receiving property (the property of the person complaining of the trespass) is "Light Trespass." The measurement is made at adult eye level five feet within the boundary of the receiving property with a calibrated light meter. Line of Vegetation The extreme seaward boundary of natural vegetation which spreads continuously inland. If unable to identify the stable vegetation line, then the line can be extrapolated from the next nearest point of stable vegetation on both the north and south of the area in question. Lot A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to same. Lot, Corner A lot or portion of a lot at the junction of and abutting upon two or more streets. For nonconforming lots, only the street which the lot is addressed is subject to the front yard setback. See Section , Visibility on Corner Lots. Lot, Depth of The mean horizontal distance between the front and rear lot lines. Adopted November 8, 2012 Page A-23 Appendix A

264 APPENDIX A. DEFINITIONS Lot Frontage The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on through lots, all sides of a lot abutting parallel or approximately parallel streets shall be considered frontages. For landlocked waterfront lots, the side of the lot abutting the water shall be considered the rear lot line and the side opposite this rear lot line shall be considered the front lot line. Lot Line The line bounding a lot as defined herein. Lot, Through A lot having frontage on two parallel or approximately parallel streets. Lot Width The mean horizontal distance between side lot lines. Lowest Adjacent Grade (LAG) The elevation of the ground, sidewalk, or patio slab immediately next to the building, or deck support, after completion of the building. Lowest Floor The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building s lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Ordinance. Lumen Total quantity of light produced by a light source, according to the manufacturer's ratings. One foot- candle is one lumen per square foot. M Maintained Foot-Candle Average foot-candles that are calculated with an adjustment for a maintenance factor that includes dirt build-up, lamp lumen loss over time, ballast factor, and so on. Immediately after installation, the system may have higher illumination levels, which over time will decrease to the average maintained level. Adopted November 8, 2012 Page A-24 Appendix A

265 APPENDIX A. DEFINITIONS Manufactured Home A structure transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term Manufactured Home does not include a Recreational Vehicle. Manufactured Home Park or Subdivision A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market Value The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal, replacement cost depreciated for age of building and quality of construction (actual cash value), or adjusted tax assessed values. Marina or Boatominium A place where boats are stored, serviced, or supplied with any type of marine and service a contiguous group of two or more boat slips, each of which is or may be separately owned and with common ownership of the land, piers, walkways, and any other structures necessary for service of the slips. Projects approved under the North Carolina Unit Ownership Act (NCGS Ch. 47A) and having an approved conditional use permit are excluded from this definition. Marquee A roof-like structure or awning projecting over an entrance to a building. Mayor The Chief Elected Official of Wrightsville Beach. Mean Sea Level The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. Refer to each FIRM panel to determine datum used. Measured Area All of the interior floor area of a building above the Base Flood Elevation which is surrounded by exterior walls and/or attic with or without a laid floor with structural headroom of five feet or greater shall be included in the measured area. Where a floor lies below a ceiling height of greater than 15 feet (as in a vaulted ceiling), then that area of the floor under the vertical height of greater than 15 feet shall be counted twice. One access corridor in the attic of a structure may be excluded from measured area so long as it: (1) Runs parallel to the center roof ridge; and (2) Is no wider than three feet; and (3) Does not exceed five feet in height. Adopted November 8, 2012 Page A-25 Appendix A

266 APPENDIX A. DEFINITIONS Meeting and Events Center A facility in which space and ancillary services, which may include food services, are furnished to groups holding functions including, but not limited to, meetings, weddings, and receptions. Food may be prepared on site, but food service shall not be provided to members of the general public who are not members of a group holding a function at which the food service is provided. Meeting Rooms A structure or portion of a structure, area or other facility privately owned and utilized for general meeting and conference activities. The use may include an administrative office used solely for the purpose of leasing the meeting room; however, no cooking facilities of any kind shall be permitted in the meeting room or administrative office. Meeting or conference rooms that qualify as accessory uses to a hotel or motel shall be excluded from this definition. Minimum Foot-Candle The minimum foot-candle reading for a given area. Mixed Use Commercial-Residential A type of use providing for commercial use on the first finished floor of the structure facing the public right-of-way or other public space and residential use on the second and any additional permitted floors. No residential use shall be permitted on the first finished floor of the structure. Commercial use shall be permitted on the second or higher finished floors of the structure. Those commercial uses permitted in a mixed used development shall be the commercial uses permitted in the applicable zoning district. Each residential unit permitted in a mixed use development shall have a minimum of 1,500 square feet of heated space and shall comply with all other provisions of this Ordinance. Modifications, Major Improvements to existing telecommunications facilities or support structure that result in a substantial change to the facility or structure. Collocation of new telecommunications facilities to an existing support structure without replacement of the structure shall not constitute a major modification. Major modifications include, but are not limited to, extending the height of the support structure by more than twenty (20) feet or ten percent (10%) of its current height whichever is greater, and the replacement of the structure. Modifications, Minor Improvements to existing telecommunications facilities and support structures that result in some material change to the facility or support structure but of level, quality, or intensity that is less than a substantial change. Such minor modifications include, but are not limited to, extending the Adopted November 8, 2012 Page A-26 Appendix A

267 APPENDIX A. DEFINITIONS height of the support structure by less than twenty (20) feet or ten percent (10%) of its current height, whichever is greater, and the expansion of the compound area of for additional accessory equipment. Multiple Dwelling Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of two families or more, living independently of each other and doing their own cooking in the said building and shall include flats and apartments. Multi-Unit Assisted Housing with Services An assisted living residence in which hands-on personal care services and nursing services which are arranged by housing management are provided by a licensed home care or hospice agency through an individualized written care plan. The housing management has a financial interest or financial affiliation or formal written agreement which makes personal care services accessible and available through at least one licensed home care or hospice agency. The resident has a choice of any provider, and the housing management may not combine charges for housing and personal care services. All residents, or their compensatory agents, must be capable, through informed consent, of entering into a contract and must not be in need of 24-hour supervision. Assistance with self-administration of medications may be provided by appropriately trained staff when delegated by a licensed nurse according to the home care agency s established plan of care. N Natural Area Those portions or areas of each lot, tract, or parcel which are designated, or required, to retain the original vegetation and existing topography. Natural Vegetation Any vegetation, whether original or planted, that is compatible with the property according to Article 9, Part III. Natural Water Feature This area shall include the ocean front, all natural and man-made water courses, and all wetlands. New Construction Structures for which the start of construction commenced on or after June 9, 1970, and includes any subsequent improvements to such structures. Adopted November 8, 2012 Page A-27 Appendix A

268 APPENDIX A. DEFINITIONS Nonconforming Building A building that does not comply with the yard, area, and height requirements of this Ordinance. Nonconforming Lot A lot existing on the effective date of this Ordinance or any amendment hereto that cannot meet the minimum area or lot width or depth requirements of the district in which the lot is located. Nonconforming Situation A situation that occurs when, on the effective date of this Ordinance or any amendment hereto, an existing lot or structure, or lawful use of an existing lot or structure, does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because a structure does not satisfy maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this Ordinance, or because land, buildings or other areas subject to this Ordinance are used for purposes made unlawful by this Ordinance or any amendment hereto. Nonconforming Structure A structure that legally existed prior to the adoption date of this Ordinance, but which is not in compliance with the requirements of this Ordinance for the district in which the structure is located. Nonconforming Use Any building, land or other areas subject to this Ordinance lawfully occupied by a use on the effective date of this Ordinance or amendment hereto which does not conform after the passage of this Ordinance or amendment with the use requirements of the district in which it is situated. For example, a commercial retail use in a residential district may be a non-conforming use. The term also refers to the activity that constitutes the use made of the property. For example, the use of property as a duplex in an area zoned exclusively for single-family residences is a nonconforming use. Non-Encroachment Area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the flood insurance study report. Adopted November 8, 2012 Page A-28 Appendix A

269 APPENDIX A. DEFINITIONS Non-Glare Materials with a finish which does not produce a brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. Nursing Home A facility, however named, which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for three or more persons unrelated to the licensee. A nursing home is a home for chronic or convalescent patients, who, on admission, are not as a rule, acutely ill and who do not usually require special facilities such as an operating room, X-ray facilities, laboratory facilities, and obstetrical facilities. A nursing home provides care for persons who have remedial ailments or other ailments, for which medical and nursing care are indicated; who, however, are not sick enough to require general hospital care. O Oath Includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed. Oceanfront Lot A lot of record which is adjacent to the Atlantic Ocean or the Property Line or other inlet hazard area. An oceanfront lot shall also include lots adjacent to town, state or US Government owned property that adjoins the Atlantic Ocean. Oceanfront Pier A pier constructed wholly or in part east of the Property Line as established by Chapter 246 of the Public Laws of North Carolina, Session 1939, as amended. Ocean Hazard Area Those AECs that are considered natural hazard areas along the Atlantic Ocean shoreline where, because of their special vulnerability to erosion or other adverse effects of sand, wind, and water, uncontrolled or incompatible development could reasonably endanger life or property. Ocean hazard areas include beaches, frontal dunes, inlet lands, and other areas in which geologic, vegetative, and soil conditions indicate a substantial possibility of excessive erosion or flood damage. Ocean-Related Business A business activity limited solely to teaching participants to surf, paddleboard, or kite board and the rental of chairs and umbrellas by hotels located immediately adjacent to the beach front. Adopted November 8, 2012 Page A-29 Appendix A

270 APPENDIX A. DEFINITIONS Occupant Any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit. Occupancy The purpose for which a building is used or intended to be used. Change of occupancy is not intended to include change of tenants or proprietors. Official Time Standard Whenever certain hours are named in this code, they shall mean standard time or daylight saving time as may be in current use in this town. OPA An Otherwise Protected Area. Opaque Fence Any six foot minimum fence which creates complete visual separation between adjoining properties. Opaque Wall Any six foot minimum wall which creates complete visual separation between adjoining properties. Openable Area That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. Open Air Market Any temporary display of goods in an open or partially open setting as requested by the applicant and approved by the Board of Aldermen. Operator Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let. Ordinary Maintenance Ensuring that telecommunications facilities and support structures are kept in good operating condition. Ordinary maintenance includes inspections, testing, and modifications that maintain functional capacity, aesthetic and structural integrity; for example, the strengthening of a support structure s foundation or of the support structure itself. Ordinary maintenance includes replacing antennas and accessory equipment on a like-for-like basis within an existing telecommunications facility and relocating the antennas of approved telecommunications facilities to different height Adopted November 8, 2012 Page A-30 Appendix A

271 APPENDIX A. DEFINITIONS levels on an existing monopole or tower upon which they are currently located. maintenance does not include minor modifications or major modifications. Ordinary Original Vegetation Plant life that existed on the site at its first stage of existence. Outdoor Lighting Night-time illumination of an outside area, object, or building by any man-made device located outdoors or indoors that produces light by any means. Owner Any owner of a legal or equitable interest in real property, including heirs, devisees, successors and assigns, having a vested estate and the agent or personal representative of such owner. For purposes of this Ordinance, owner shall include a person holding a valid and recorded option to purchase the real property with respect to which he seeks to establish a vested right. P Parking Facility Area used for the storage of vehicles. Interior shall mean the area within the parking facility curb or pavement. Parking Lots Lands outside of the public right-of-way, properly improved in accordance with Article 155.9, Part I, Off-Street Parking Requirements, with suitable ingress from and egress to a public street, for the sole use of parking motor vehicles. Parking Space A clearly marked storage space for one automobile, plus the necessary access space. Such parking space shall always be located outside the dedicated street right-of-way and conform to the standards set forth in Article 155.9, Part I. Parties in Interest All individuals, associations, and corporations who have interests of record in a dwelling or any who are in possession thereof; or shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Ordinance, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. Adopted November 8, 2012 Page A-31 Appendix A

272 APPENDIX A. DEFINITIONS Person A corporation, firm, partnership, limited liability corporation (LLC), association, organization, and any other group acting as a unit, as well as an individual. Personal Property Every type of property except real property, as herein defined. Platting Jurisdiction The land located within the corporate limits and the land located within one mile in every direction from the corporate limits and not located in any other incorporated city or town. However, the platting jurisdiction shall extend only to a point equidistant from the corporate limits of the town. Plumbing The labor, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and public or private water-supply system, within or adjacent to any building, structure, or conveyance; also the labor and material used in the installation, maintenance, extension, or alteration of storm water, liquid waste, or sewage, and water supply systems on any premises to their connection with any point of public disposal. Post-FIRM Construction or other development for which the start of construction occurred on or after June 12, 1970, the effective date of the initial flood insurance rate map for the area. Pre-FIRM Construction or other development for which the start of construction occurred before June 12, 1970, the effective date of the initial flood insurance rate map for the area. Premises A lot, plot, or parcel of land including the buildings or structures thereon. Primary Dune The Coastal Area Management Act defines a primary dune as "the first mounds of sand located landward of the ocean beaches having an elevation equal to the mean flood level for the area plus six feet. The primary dune extends landward to the lowest elevation in the depression behind that same mound of sand. Adopted November 8, 2012 Page A-32 Appendix A

273 APPENDIX A. DEFINITIONS Primary Frontal Dune A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. Principally Above Ground Building A building that has at least 51% of its actual cash value, including machinery and equipment, above ground. Private Club An establishment that is organized and operated solely for a social, recreational, patriotic, or fraternal purpose and that is not open to the general public, but is open only to the members of the organization and their bona fide guests. This provision does not, however, prohibit such an establishment from being open to the general public for raffles and bingo games as required by GS (a) and GS No organization that discriminates in the selection of its membership on the basis of religion shall be eligible to receive any permit issued under this Ordinance. A private club does not include permanent or temporary residential occupancy. Protected Trees The following shall be considered protected trees and shall be subject to the provisions of this Ordinance. (1) Trees planted or retained in order to meet the requirements of Article 9, Part III; or (2) Any heritage tree having a DBH measurement of at least eight inches on townowned property, any public right-of- way, or private property. Public Easement As used in this code, means an unoccupied open space adjoining a building and on the same property, that is permanently maintained accessible to the Fire Department and free of all encumbrances that might interfere with its use by the Fire Department. Public Safety and/or Nuisance Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Public Trust Waters All waters of the Atlantic Ocean from the mean high water mark seaward; all natural bodies of water subject to measurable tides; and all navigable waters. Adopted November 8, 2012 Page A-33 Appendix A

274 APPENDIX A. DEFINITIONS Q None R Real Property Includes lands, tenements, and hereditaments. Recreational Vehicle (RV) A vehicle, which is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use. Reference Level The top of the lowest floor for structures within special flood hazard areas designated as Zone A1-30, AE, A, A99, or AO. The reference level is the bottom of the lowest horizontal structural member of the lowest floor for structures within special flood hazard areas designated as Zone VE. Regulatory Flood Protection Elevation The Base Flood Elevation plus the Freeboard. In Special Flood Hazard Areas where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard. Remedy a Violation To bring the structure or other development into compliance with state and community floodplain management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this Ordinance, or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. Remove (Including Removing or Removal) The cutting down or digging up of any live or dead vegetation; the cutting of any portion of a protected tree that has the dimensions of a protected tree at the point of the cut; and all other acts that cause the death or destruction of any protected tree. Adopted November 8, 2012 Page A-34 Appendix A

275 APPENDIX A. DEFINITIONS Repair The replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required exit facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installations, or that would be a violation of a provision of law or ordinance. The term repair or repairs shall not apply to any change of construction. Replacement Constructing a new support structure of proportions and of equal height or such other height as would be allowed under the definition of minor modification to a pre-existing support structure in order to support a telecommunications facility or to accommodate collocation and removing the preexisting support structure. Replacement Tree A tree replanted and surviving for at least one year to compensate for the removal of a tree of greater diameter. Replacement trees shall have a DBH of at least three inches when planted. Required Required by some provision of this Ordinance. Residence A building or portion thereof designed, arranged, or used for permanent living quarters for one or more families. Residence, Single-family A detached building designed for occupancy by or occupied exclusively by one family. Residential Child-Care Facility A staffed premise with paid or volunteer staff where children receive continuing full-time foster care. Residential Occupancy Buildings in which families or other households live or in which sleeping accommodations are provided. Such buildings include, among others, the following: dwellings, multiple dwellings, and lodging houses, and all dormitories. Residential Piers Piers owned by the contiguous landowner in residential zones or the shore zone which portion of the shore zone would be an extension of the residential use of the owners lot. Adopted November 8, 2012 Page A-35 Appendix A

276 APPENDIX A. DEFINITIONS Residential Unit A building or portion thereof designed, arranged, or used for living quarters for one family. Restaurant An establishment whose principal business is the sale, to customers, of foods, frozen desserts, or beverages, in a ready-to-eat state, and whose design and principal method of operation determines its classification as follows: (1) Standard: In standard restaurants, food and beverages are usually consumed within the restaurant building and; (a) Customers are provided with an individual menu and served by an employee at the same table or counter at which their food and beverages are consumed; or (b) Customers make their selections of food and beverages from a counter where ready-to-eat items are displayed, as in cafeteria or buffet service, and carry their selections to a table for consumption. (2) Carry-out: Foods and beverages are usually served in edible containers or in paper, plastic, or other disposable containers by an employee at a standing counter or drive-in window, and consumption is normally off the premises but may be allowed within a motor vehicle parked on the premises or at other facilities on the premises outside the principal building. (3) Fast-food: A fast-food restaurant is the same as carry-out but in addition allows consumption of food and beverages within the principal building. Retaining Wall A wall or similar structural device used at a grade change to hold the soil on the uphill side from slumping, sliding, or falling. Rooming House Any dwelling, or that part of any dwelling containing one or more rooming unit, in which space is let by the owner or operator to three or more persons who are not members of the family of the owner or operator. Rooming Unit/Rental Unit Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. Root Protection Zone The land area around the base of a tree in which disturbances are prohibited in order to protect the roots of the tree and aid in the tree s survival. Adopted November 8, 2012 Page A-36 Appendix A

277 APPENDIX A. DEFINITIONS Rubbish Combustible and non-combustible waste materials except garbage, and the term shall include ashes, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust. S Salvage Yard Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances, and related machinery. Service Station Any building or land used for the dispensing, sale, or offering for sale at retail of any automobile fuels, lubricants, or tires; however, indoor car-washing, minor mechanical adjustment, and tire repair are only performed incidental to the conduct of the service station. Shielding A design feature or a device that is applied to a light fixture or to a structure on which a light fixture is mounted to prevent its light output from being visible from selected locations or horizontal and/or vertical angles. Shopping Center Complex A building or buildings located on the same site having three or more commercial uses with a minimum of 16,000 square feet of gross leasable area, planned and constructed as a single project with appropriate parking and loading facilities located on-site. Shore Line Development Boundary The eastern-most boundary for development on oceanfront lots at Wrightsville Beach. The exact location of the Shore Line Development Boundary is dependent upon a comparison of varying enforcement factors with the most restrictive applying. Shrub, Intermediate Deciduous or evergreen plants installed at a minimum height of 36 inches, a minimum of 5 canes, and a minimum spread of roots or rootball diameter of 14 inches. Adopted November 8, 2012 Page A-37 Appendix A

278 APPENDIX A. DEFINITIONS Shrub, Large Deciduous and/or evergreen plants, as required in the applicable sections, installed at a minimum height of 5-feet, a minimum of 6 canes, and a minimum spread of roots or rootball diameter of 24- inches. Large shrubs shall be maintained at a height of 6 to 10 feet. Shrub, Small Deciduous and/or evergreen plants, as required in the applicable sections, installed at a minimum height of 18-inches, a minimum of five canes, and a minimum spread of roots or rootball diameter of 10 inches. Small shrubs shall be maintained at a height of 2 to 4 feet. Sidewalk Any portion of a street, between the curb line and the adjacent property line intended for the use of pedestrians. Sign Any words, lettering, numerals, parts of letters or numerals, figures, phrases, sentences, emblems, devices, designs, trade names, or trade marks by which anything is made known, including any surface, fabric, or other material or structure designed to carry such devices, such as are used to designate or attract attention to an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product, which are exposed to public view, and used to attract attention. Sign Alteration Any change of copy, sign face, color size, shape illumination, position, location, construction, or supporting structure of any sign. Sign Area The surface area of a sign shall be computed as including the entire area visible from any one point, within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign including lattice work, wall work, and individual letters & spaces between letters comprising part of the sign. Computations of sign area shall include only one side of a double-faced sign structure. If a sign has two sides joined at an angle of greater than 60 degrees, the surfaces of both sides of the sign shall be included in the computation of area. Adopted November 8, 2012 Page A-38 Appendix A

279 APPENDIX A. DEFINITIONS Sign, Balloon One or more balloons used as a permanent or temporary sign or as a means of directing attention to any business or profession, or to a commodity or service sold, offered, or manufactured, or to any entertainment. Sign, Business An advertising device used to disseminate information concerning a person, place, or thing, pertaining to the use of the land upon which it is located. Sign, Cabinet A sign that contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated. Sign, Combination A sign incorporating any combination of the features of freestanding, projecting, and wall signs. Sign, Fixed Any lighter-than-air or gas-filled balloon attached by means of a rope or tether to a definite or fixed location. Sign, Freestanding A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. Adopted November 8, 2012 Page A-39 Appendix A

280 APPENDIX A. DEFINITIONS Sign, Illegal Any of the following: (1) A sign erected without first obtaining a permit and complying with all regulations in effect at the time of its construction or use; (2) A sign that was legally erected but whose use has ceased because the business it identifies is no longer conducted on the premises; (3) A sign that is a danger to the public or is unsafe; or (4) A sign that pertains to a specific event that has not been removed within seven days after the occurrence of the event. Sign, Independent (Billboard) One advertising device used to disseminate information concerning a person, place, or thing not pertaining to the use of the land upon which it is located. Sign, Kiosk A sign consisting of three to five sides that lists names of businesses located on a property or in a building. Sign, Marquee A sign designed to have changeable copy, either manually or electronically. Marquee signs may be a principal identification sign, a freestanding sign, or a wall sign. Sign, Memorial A sign, tablet or plaque memorializing a person, event, structure or site. Sign, Menu A temporary sign used to inform the public of the list of entrees, dishes, foods, and entertainment available in a restaurant. Adopted November 8, 2012 Page A-40 Appendix A

281 APPENDIX A. DEFINITIONS Sign, Mobile A sign attached to, mounted, pasted, painted, or drawn on any vehicle, whether motorized or drawn, that is placed, parked, or maintained at one particular location for the express purpose and intent of promotion or conveying an advertising message. Sign, Monument A freestanding sign supported primarily by an integral structural framework or integrated into landscaping or other solid structural features other than support poles. Sign, Moving Any sign which in part or in total rotates, revolves, or otherwise is in motion. Sign, Off-Premises A sign that directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed. Sign, Painted Wall A sign applied to a building wall with paint and which has no sign structure. Sign, Permanent A sign attached to a building, structure, or the ground in some manner that requires a permit from the Planning and Inspections Department and which is made of materials intended for long term use. Sign, Portable A sign designated or intended to be moved easily that is not permanently embedded in the ground or affixed to a building or other structure, including any sign that rests upon the ground, a frame, a building, or other structure. Including but not limited to the following signs: trailer signs (with or without wheels), menu and sandwich boards, signs mounted for advertising purposes on a vehicle that is parked and visible from the public right-of-way (except signs identifying the related business when the vehicle is being used in the normal day-to-day operation of that business), sidewalk or curb signs, A-frame signs, and signs worn or held by a person. Sign, Public Information A sign, usually erected and maintained by a public agency, that provides the public with information and in no way relates to a commercial activity. Includes, but not limited to, speed limit signs, stop signs, city limit signs, street name signs, and directional signs. Adopted November 8, 2012 Page A-41 Appendix A

282 APPENDIX A. DEFINITIONS Sign, Real Estate, Off-site A readily removable sign announcing the proposed sale or rental of property other than the property upon which the sign is located and providing directions to the subject property. Sign, Rotating or Revolving A sign which in its entirety or in part move in a revolving or similar manner. Such motion does not include methods of changing copy. Sign, Searchlight (Beacon) Search-lights shall be considered signs that are used to announce, direct attention to, or advertise businesses. Sign, Snipe An off-premises sign that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences, or to other objects. Sign, Temporary An attached on-premises sign made of nonrigid material, designed and displayed for a seasonal or brief activity such as, but not limited to, sales, specials, promotions, holidays, auctions, business grand openings, and signs advertising the lease or vacancy or rental units in multi-unit residential developments. Symbols, figures, balloons, and other similar items shall be considered temporary signs. Sign, Third-Party Any sign identifying an enterprise and including a sponsoring advertisement, such as Coca Cola or 7-Up. Sign, Wind Any display or series of displays, banners, flags, balloons, or other objects designed and fashioned in such a manner as to move when subjected to wind pressure. Signature or Subscription Includes a mark when the person cannot write. Site Plan A document setting forth certain required information which shall include visual locations, accurate dimensions, and all other requirements necessary to determine the scope, impact, design, and the like of a project. Adopted November 8, 2012 Page A-42 Appendix A

283 APPENDIX A. DEFINITIONS Site Specific Development Plan A plan that has been submitted to the town by an owner, describing with reasonable specificity the type and intensity of use for a specific parcel or parcels of property. At a minimum, the plan must include the approximate boundaries of the site; significant topographical and other natural features affecting development of the site; approximate location on the site of proposed buildings, structures and other improvements; approximate dimensions, including height, of the proposed buildings and other structures; and the approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads and pedestrian walkways. Included within this definition are plans submitted pursuant to the following specific provisions, and meeting the requirements specified therein: Preliminary Subdivision Plan as required by Article ; and Conditional Use Permits as required by Section Notwithstanding the foregoing, any document that fails to describe the type and intensity of use for a specified parcel or parcels with sufficient particularity to allow a determination to be made as to whether the proposed use meets current zoning standards shall constitute a site specific development plan. Solid Waste Disposal Facility As defined in NCGS 130A-290(a)(35), any facility involved in the disposal of solid waste. Solid Waste Disposal Site As defined in NCGS 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method. Special Flood Hazard Area (SFHA) The land in the floodplain subject to a 1% or greater chance of being flooded in any given year, as determined in Article , Part I. Specimen Tree Any heritage tree, such as a live oak or eastern red cedar, which usually has one main stem or trunk and a DBH measurement of at least 20 inches. Stable Vegetation All natural vegetation in all areas of the town to include original vegetation as defined in this section; the CAMA Local Permit Officer shall determine stability. Stairway One or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure. Adopted November 8, 2012 Page A-43 Appendix A

284 APPENDIX A. DEFINITIONS Start of Construction Includes substantial improvement, and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. State The State of North Carolina, except as otherwise provided. Stealth Telecommunications Facility Any telecommunications facility that is integrated as an architectural feature of a structure so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer. Story That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. Street Includes any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge, and the approaches thereto within the town and shall mean the entire width of the right-ofway between abutting property lines. Street Yard Area, except for driveways, parallel and contiguous. The public right-of-way which is measured perpendicular to the public right-of-way. If a lot is located on the corner of two public rights-of-way, the owner shall designate one yard as the street yard and one yard as a side yard. Structure Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having more or less permanent location on the ground. Adopted November 8, 2012 Page A-44 Appendix A

285 APPENDIX A. DEFINITIONS Subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by this definition: (1) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the municipality as shown in its subdivision regulations. (2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved. (3) The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors. (4) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the municipality, as shown in its subdivision regulations. Substantial Damage Damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. See definition of Substantial Improvement. Substantial Improvement Substantial improvement shall include improvements and/or additions to a residential, commercial, or other building or structure the cost of which exceeds 50% of the assessed tax value of the structure as listed by the New Hanover County Tax Office or as determined by a certified appraisal. For purposes of this Ordinance, the term assessed value shall mean the value of the structure before the improvement is started. The cost of the substantial improvement shall be determined by adding together the cost of all proposed construction. Supplied Paid for, furnished, or provided by, or under control of the owner or operator. Support Structures A structure designed to support telecommunications facilities including, but not limited to monopoles, towers utility poles, and other freestanding self-supporting structures. Adopted November 8, 2012 Page A-45 Appendix A

286 APPENDIX A. DEFINITIONS T Telecommunications Facility Any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information including, but not limited to, cellular telephone service, personal communication service (PCS) and paging service. A telecommunications facility can consist of one or more antennas and accessory equipment or one base station. Temporary Housing Any trailer or other structure used for construction or display purposes. Tenant or Occupant Applied to a building or land shall include any person who occupies the whole or a part of such building or land, whether alone or with others. Threatened Trees Those trees that may have a problem in later years if left in their current state and are not cared for properly. These are trees which exhibit: (1) Stunted Growth. Small distorted leaves and twigs. (2) Leaf Color. Abnormal leaf color is an indicator of a problem. Fertilization is usually necessary to correct this problem unless it is a drainage problem. (3) Insects and Disease. Leaves, twigs and roots can be affected by insects and diseases. Diagnosis and treatments should be provided by a tree care professional. (4) Bark. Peeling bark is an indicator of damage be it either mechanical, fungal or cold related. (5) Excessive Cut or Fill. Both are equally damaging and should be evaluated thoroughly. Exposing the root flare to the air or covering the trunk with soil are both detrimental. Town Town of Wrightsville Beach, except as otherwise provided. Tree Protection Fence Any fence material at least three feet in height with integrity to survive the period of construction. Tree Protection Plan An informal tree protection and mitigation plan submitted to the Department of Planning and Parks staff to seek approval for removal of protected trees. Tree heights may be estimated on the plan. Adopted November 8, 2012 Page A-46 Appendix A

287 APPENDIX A. DEFINITIONS Tree, Shade Single stem deciduous or evergreen tree expected to reach a height in excess of 30 feet at maturity. Installed shade trees shall be a minimum of a 12 to 14 foot height and a minimum 2 inch caliper. Tree, Small Deciduous or evergreen tree expected to reach a height of not more than 30 feet at maturity. Installed tree shall be a minimum of 8 to 10 in height with a minimum 1 inch caliper. U Uniformity Ratio The ratio of the average foot-candle calculation to the minimum foot-candle reading for a given area. This ratio is an indicator of lighting uniformity. Up-Lighting Any light including but not limited to pole mounted, wall mounted, or ground mounted fixtures that project above an imaginary horizontal plane through the fixture. Use The specific activity or function for which land, a building, or a structure is designated, arranged, intended, occupied, or maintained. Use, Principal The primary use and chief purpose of a lot or structure. Utility/Service Equipment Stands Elevated decks required to raise electrical and mechanical equipment, including but not limited to HVAC units, electrical meters, and generators above the regulatory flood protection elevation as defined in Article , Part I. Adopted November 8, 2012 Page A-47 Appendix A

288 APPENDIX A. DEFINITIONS V Variance A grant of relief from the requirements of this Ordinance. Ventilation The process of supplying and removing air by natural or mechanical means to or from any space. Vertical Illuminance Light falling on a vertical surface measured in foot- candles. Vessel for Hire A watercraft for hire approved by the US Coast Guard for the carrying of nine or more persons. Vested Right The right of an owner of property to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan. Violation The failure of a structure or other development to be fully compliant with the community s floodplain management regulations or other applicable sections of this Ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required under Article , Part I of this Ordinance is presumed to be in violation until such time as that documentation is provided. W Washover Areas Low areas that are adjacent to beaches and are inundated by waves and storm tides. Washovers may be found in abandoned tidal channels or where dune systems are poorly developed or breached by storm tides and erosion. Water Surface Elevation The height, in relation to mean sea level of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Watercourse A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Adopted November 8, 2012 Page A-48 Appendix A

289 APPENDIX A. DEFINITIONS Watercraft A boat, houseboat, jet ski, canoe, raft, surfboard, or other apparatus designed for use on water, including trailers therefor, and motors, engines, or sails designed to propel such craft or apparatus. Writing or Written Includes printing and any other mode of representing words and letters. X None Y Yard A required open space on the same lot with a principal building. No structure or portion of a structure shall be permitted in any part of a required yard, either below, at, or above ground level, except as set forth in Section or elsewhere in this Ordinance. Yard, Front An open unoccupied space on the same lot with a principal building between the front line of the building and the lot frontage line (as defined herein) extending across the full width of the lot. Yard, Rear A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building. Adopted November 8, 2012 Page A-49 Appendix A

290 APPENDIX A. DEFINITIONS Yard, Side An open unoccupied space on the same lot with a building between the side line of the building and the side line of the lot and extending from the front yard line to the rear line. If there is no front yard, the front boundary of the side yard shall be the front line of the lot and if there is no rear yard the rear boundary of the side yard shall be the rear line of the lot. Z Zoning Enforcement Official The government officer who is charged by the UDO Administrator with enforcement of this Ordinance, where applicable. Adopted November 8, 2012 Page A-50 Appendix A