UNIFIED DEVELOPMENT ORDINANCE

Transcription

1 UNIFIED DEVELOPMENT ORDINANCE Adoption Draft July 25, 2017

2 ACKNOWLEDGEMENTS MAYOR A.B. Trace Cooper, III TOWN COUNCIL Danny Navey, Mayor Pro Tem Harry Archer Ann Batt Eddie Briley John Rivers TOWN STAFF David Walker, Town Manager Michelle Shreve, Planner Arrington Moore, Management Assistant CONSULTANT CodeWright Planners, LLC 9 Blue Bottle Lane Durham, NC Town of and CodeWright Planners, LLC

3 TABLE OF CONTENTS ARTICLE GENERAL PROVISIONS Title Effective Date Authority 1-1 A. General Assembly 1-1 B. North Carolina General Statutes 1-1 C. Town Charter 1-1 D. Other Relevant Laws General Purpose and Intent Applicability 1-2 A. Where Applied 1-2 B. Application to Governmental Units 1-2 C. No Development Until Compliance with All Applicable Laws Conformance with Policy 1-2 A. Adopted Policy Guidance 1-2 B. Conformance Relationship with Other Agreements, Covenants, or Deed Restrictions 1-3 A. Minimum Requirements 1-3 B. Review of Private AGreements 1-3 C. Existing Agreements or Vested Rights Conflict Between Laws 1-3 A. Conflicts with Other Town Codes or Laws 1-3 B. Conflicts with State or Federal Law 1-3 C. Conflicts Between Standards in this Ordinance Transitional Provisions 1-3 A. Prior Violations Continue 1-3 B. Existing Nonconformities 1-4 C. Pending Applications 1-4 D. Approved Applications 1-4 E. New Applications 1-5 F. Existing Uses 1-5 G. Prior-Approved Conditional Use Zoning Zoning District Translation Severability 1-6 ARTICLE PROCEDURES Summary Development Review Table 2-1 A. How to Use This Article 2-1 B. Table Contents 2-1

4 TABLE OF CONTENTS Development Review Responsibilities 2-2 A. Overview 2-2 B. UDO Administrator 2-2 C. Building Inspector 2-3 D. Reserved 2-4 E. Technical Review Committee (TRC) 2-4 F. Planning Board 2-5 G. Reserved 2-6 H. Town Council 2-6 I. Board of Adjustment (BOA) Common Review Procedures 2-10 A. General 2-10 B. Purpose and Intent 2-10 C. Pre-application Conference 2-10 D. Neighborhood Meeting 2-10 E. Reserved 2-12 F. Application Submittal and Acceptance 2-12 G. Staff Review and Action 2-13 H. Public Notification 2-14 I. Reserved 2-15 J. Quasi-judicial Public Hearing Procedure 2-15 K. Review by Advisory Body 2-15 L. Review and Action by Decision-making Body 2-16 M. Conditions of Approval 2-17 N. Notification of Decision or Action 2-17 O. Effect of Development Approval 2-17 P. Reserved 2-17 Q. Deferral and Continuance 2-17 R. Withdrawal 2-18 S. Limitation on Subsequent Similar Applications 2-18 T. Expiration of Permit or Development Approval Specific Review Procedures 2-20 A. Purpose and Intent 2-20 B. Overview 2-20 C. Appeal 2-20 D. Building Permit 2-23 E. Reserved 2-24 F. CAMA Minor Permit 2-24 G. Certificate of Occupancy 2-26 H. Conditional Use Permit 2-27 I. Development Agreements 2-29 J. Reserved 2-32 K. Floodplain Development Permit 2-32 L. Interpretation 2-33 M. Reserved 2-35 N. Land Disturbance Permit 2-35 O. Right-of-Way Encroachment 2-37 P. Sign Permit 2-39 Q. Site Plan (Major/Minor) 2-40 R. Reserved 2-42 S. Subdivision, Major 2-43

5 TABLE OF CONTENTS T. Subdivision, Minor 2-47 U. Reserved 2-48 V. Temporary Use Permit 2-48 W. Text Amendment 2-49 X. Variance 2-51 Y. Zoning Map Amendment 2-55 Z. Zoning Permit 2-57 ARTICLE ZONING DISTRICTS General Provisions 3-1 A. Types of Zoning Districts 3-1 B. Compliance with District Standards 3-1 C. Generally Applicable Dimensional Standards 3-1 D. Official Zoning Map Zoning Districts Established 3-3 A. Classification of Zoning Districts 3-3 B. Organization of Zoning District Regulations Residential Zoning Districts 3-4 A. General Purpose and Intent 3-4 B. Residential Single-Family Conservation (RSC) 3-5 C. Residential Single-Family Wide Yard (RSW) 3-7 D. Residential Single-Family Narrow Yard (RSN) 3-9 E. Residential Single-Family Manufactured (RSM) 3-11 F. Residential Single-Family and Duplex (RSD) 3-13 G. Residential Multi-Family (RMF) Mixed Use Districts 3-17 A. General Purpose and Intent 3-17 B. Mixed Use Neighborhood (MUN) 3-18 C. Mixed Use High Intensity (MHI) Commercial Districts 3-24 A. General Purpose and Intent 3-24 B. Commercial Circle (CIR) 3-25 C. Commercial Periphery (CPY) 3-40 D. Commercial Corridor (COR) 3-43 ARTICLE USE STANDARDS Principal Use Table 4-1 A. Use Table Structure 4-1 B. Uses Permitted By-Right 4-1 C. Uses Requiring Conditional Use Review 4-1 D. Prohibited Uses 4-1 E. Additional Standards 4-1 F. Unlisted Uses 4-1 G. Principal Use Table 4-1 A. Purpose 4-5

6 TABLE OF CONTENTS B. Organization of Uses Residential Use Classification Institutional Use Classification Commercial Use Classification Industrial Use Classification Use-Specific Standards 4-20 A. Residential Uses 4-20 B. Institutional Uses 4-24 C. Commercial Uses 4-29 D. Industrial Uses Accessory Uses and Structures 4-40 A. Purpose 4-40 B. Procedure for Establishment 4-40 C. General Standards 4-40 D. Standards for Specific Accessory Uses Temporary Uses and Structures 4-45 A. Purpose 4-45 B. Applicability 4-45 C. General Standards for Temporary Uses 4-45 D. Standards for Specific Temporary Uses 4-46 ARTICLE DEVELOPMENT STANDARDS Property Address Numbers 5-1 A. Applicability 5-1 B. Assignment 5-1 C. Location 5-1 D. Configuration 5-1 E. Timing 5-1 F. Structures on the Waterfront Access and Circulation 5-3 A. Purpose and Intent 5-3 B. Applicability 5-3 C. Street Arrangement 5-3 D. Driveways Accessing Public Streets 5-4 E. Visibility at Intersections 5-7 F. Standards for Pedestrian Facilities 5-8 G. Standards for Bicycle Lanes Off-Street Parking and Loading 5-11 A. Purpose and Intent 5-11 B. Applicability 5-11 C. Off-Street Parking Requirements for Vehicles 5-11 D. Parking Lot Configuration 5-14 E. Parking Lot Cross-Access 5-19 F. Bicycle Parking 5-19

7 TABLE OF CONTENTS G. Parking Alternatives 5-20 H. Off-Street Loading Requirements Landscaping 5-23 A. Purpose and Intent 5-23 B. Applicability 5-23 C. Exemptions 5-23 D. Landscaping Plan Required 5-24 E. Plant Material Specifications 5-24 F. Landscaping Placement 5-25 G. Features Within Required Landscaping Areas 5-27 H. Parking Lot Landscaping 5-28 I. Perimeter Buffers 5-31 J. Streetyard Buffers 5-36 K. Planting Flexibility 5-37 L. Time of Installation 5-38 M. Required Maintenance 5-38 N. Site Inspection 5-39 O. Revegetation 5-39 P. Emergencies Tree Preservation 5-41 A. General Requirements 5-41 B. Tree Survey Required 5-41 C. Removal of Existing Trees 5-41 D. Preservation of Trees During Construction 5-41 E. Clear Cutting Solid Waste Collection Facilities and Mechanical Equipment 5-44 A. Purpose and Intent 5-44 B. Applicability 5-44 C. Exemptions 5-44 D. General Standards 5-44 E. Screening Methods 5-44 F. Specific Standards for Solid Waste Facilities Fences and Walls 5-46 A. Applicability 5-46 B. Exemptions 5-46 C. Locational Standards 5-46 D. Height 5-46 E. Materials 5-47 F. Finished Side 5-48 G. Maintenance Exterior Lighting 5-49 A. Purpose and Intent 5-49 B. Applicability 5-49 C. Exemptions 5-49 D. Prohibited Lighting 5-49 E. Lighting Plan 5-50 F. Exterior Lighting Standards 5-50 G. Limit Lighting to Periods of Activity 5-51 H. Maximum Illumination Levels 5-51

8 TABLE OF CONTENTS I. Nonconforming Lighting Design Standards 5-53 A. Purpose and Intent 5-53 B. Applicability 5-53 C. Exemptions 5-53 D. Building Orientation 5-53 E. Building Material Standards 5-53 F. Massing and Articulation 5-55 G. Fenestration 5-57 H. Awnings and Canopies 5-58 I. Roofs 5-58 J. Alternative Compliance Signage 5-59 A. Purpose and Intent 5-59 B. Applicability 5-59 C. Exclusions 5-59 D. Prohibited Signs 5-59 E. Obsolete or Abandoned Signs 5-60 F. Signs Permitted without a Sign Permit 5-60 G. Sign Permit Required 5-61 H. Measurement 5-61 I. Signs Standards in Residential Districts 5-61 J. Sign Standards in Mixed Use Districts 5-61 K. Sign Standards in Commercial Districts 5-64 L. Additional Sign Specifications 5-68 M. Sign Illumination 5-69 N. Inspections and Investigations 5-69 ARTICLE ENVIRONMENT Stormwater 6-1 A. Development Subject to State Stormwater Requirements 6-1 B. All other Development Shoreline Stabilization 6-2 A. Purpose and Intent 6-2 B. Applicability 6-2 C. Standards 6-2 D. Timing Flood Damage Prevention 6-2 A. Structure of these Regulations 6-2 B. General Provisions 6-2 C. Administration 6-4 D. Provisions for Flood Hazard Reduction 6-10 ARTICLE SUBDIVISIONS Subdivision Design Standards 7-1

9 TABLE OF CONTENTS A. Monuments 7-1 B. Ties and Markers 7-1 C. Easements Streets 7-2 A. Layout and Design 7-2 B. Gated/Controlled Access Subdivisions 7-2 C. Street Names and Signs 7-2 D. Traffic-Control Devices 7-3 E. Acceptance of Streets Street Lighting 7-3 A. Purpose 7-3 B. Applicability 7-3 C. Standards Performance Guarantees 7-5 A. General 7-5 B. Term of Performance Guarantees 7-5 C. Form of Performance Guarantee 7-5 D. Apportionment of Performance Guarantee 7-6 E. Amount of Performance Guarantee 7-6 F. Release or Reduction of Performance Guarantees 7-6 G. Default and Forfeiture of Performance Guarantees Owner Associations 7-6 A. Purpose 7-7 B. Applicability 7-7 C. Establishment of Association 7-7 D. Documentation Requirements 7-7 E. Membership Requirements 7-8 F. Transfer of Maintenance Responsibility 7-8 G. Failure to Maintain is a Violation 7-8 ARTICLE NONCONFORMITIES General Applicability 8-1 A. Purpose and Scope 8-1 B. Continuation; Minor Repairs and Maintenance Allowed 8-1 C. Change of Tenancy or Ownership Nonconforming Uses 8-1 A. Declared Incompatible 8-1 B. Standards Applied to All Nonconforming Uses 8-1 C. Standards Applied to Manufactured Homes 8-3 D. Standards Applied to Small Multi-family Dwellings Nonconforming Structures 8-3 A. Applicability 8-3 B. Continuation and Replacement 8-3 C. Expansion and Enlargement 8-4

10 TABLE OF CONTENTS Nonconforming Lots of Record 8-4 A. Applicability 8-4 B. Continuation 8-4 C. Expansion or Enlargement 8-5 D. Governmental Acquisition of Land Nonconforming Signs 8-5 A. General 8-5 B. Prohibited Actions 8-5 C. Maintenance of Nonconforming Signage Allowed 8-5 D. Replacement of Nonconforming Signage 8-6 E. Discontinuance of Business Activity 8-6 F. Additional Sign Permit Application Nonconforming Lighting Nonconforming Sites 8-6 A. Applicability 8-6 B. Determination of Cost and Assessed Value 8-7 C. Remodeling of Buildings or Structures 8-7 D. Additions and Expansions 8-7 E. Physically Constrained Properties - Comply to Maximum Extent Practicable 8-8 ARTICLE ENFORCEMENT Purpose Compliance Required Violations 9-1 A. Development without Authorization 9-1 B. Development Inconsistent with Authorization 9-1 C. Violation by Act or Omission 9-1 D. Use in Violation 9-1 E. Subdivide in Violation 9-1 F. Violate Environmental Laws 9-1 G. Continue a Violation Reserved Responsible Persons 9-1 A. General 9-1 B. Failure by Town Does Not Relieve Individual 9-2 C. Remedy Upon Notice Enforcement Generally 9-2 A. Responsibilities 9-2 B. Complaints 9-2 C. Investigations 9-2 D. Inspections 9-2 E. Supporting Documentation Enforcement Procedure 9-3

11 TABLE OF CONTENTS A. Notice of Violation 9-3 B. Emergency Situations 9-3 C. Failure to Comply With Order Reserved Remedies and Penalties 9-4 A. Civil Penalties 9-4 B. Conditional Permit or Temporary Certificate 9-5 C. Stop Work Orders 9-5 D. Revocation of Permits 9-5 E. Injunctive Relief 9-5 F. Order of Abatement 9-5 G. Equitable Remedy 9-5 H. State and Common Law Remedies 9-5 I. Previous Enforcement 9-6 J. Remedies Cumulative and Continuous 9-6 ARTICLE DEFINITIONS & MEASUREMENT Rules of Language Construction 10-1 A. Meanings and Intent 10-1 B. Headings, Illustrations, and Text 10-1 C. Lists and Examples 10-1 D. Computation of Time 10-1 E. Time-Related Language 10-1 F. References to This Ordinance 10-1 G. References to Other Regulations/Publications 10-2 H. References to North Carolina General Statutes 10-2 I. Delegation of Authority 10-2 J. Joint Authority 10-2 K. Technical and Non-Technical Terms 10-2 L. Public Officials and Agencies 10-2 M. Mandatory and Discretionary Terms 10-2 N. Conjunctions 10-2 O. Tenses, Plurals, and Gender of Words 10-2 P. Oath 10-2 Q. Interpretation of Ordinance Text Rules of Measurement 10-4 A. Purpose 10-4 B. Measurement Generally 10-4 C. Lot Dimensions 10-5 D. Setbacks 10-7 E. Setback Encroachments 10-8 F. Gross Floor Area G. Floor Area Ratio H. Height I. Lot Coverage J. Slope and Elevation K. Parking Space Calculation L. Landscaping M. Signage 10-14

12 TABLE OF CONTENTS N. Exterior Lighting O. Fence and Wall Height Table of Abbreviations Reserved Definitions 10-19

13 TABLE OF AMENDMENTS TABLE OF AMENDMENTS ORDINANCE # This table identifies the amendments that have been made to the UDO since adoption DATE AFFECTED UDO TITLE DESCRIPTION ADOPTED SECTION(S)

14 ARTICLE GENERAL PROVISIONS Title Effective Date Authority 1-1 A. General Assembly 1-1 B. North Carolina General Statutes 1-1 C. Town Charter 1-1 D. Other Relevant Laws General Purpose and Intent Applicability 1-2 A. Where Applied 1-2 B. Application to Governmental Units 1-2 C. No Development Until Compliance with All Applicable Laws Conformance with Policy 1-2 A. Adopted Policy Guidance 1-2 B. Conformance Relationship with Other Agreements, Covenants, or Deed Restrictions 1-3 A. Minimum Requirements 1-3 B. Review of Private AGreements 1-3 C. Existing Agreements or Vested Rights Conflict Between Laws 1-3 A. Conflicts with Other Town Codes or Laws 1-3 B. Conflicts with State or Federal Law 1-3 C. Conflicts Between Standards in this Ordinance Transitional Provisions 1-3 A. Prior Violations Continue 1-3 B. Existing Nonconformities 1-4 C. Pending Applications 1-4 D. Approved Applications 1-4 E. New Applications 1-5 F. Existing Uses 1-5 G. Prior-Approved Conditional Use Zoning Zoning District Translation Severability 1-6

15 ARTICLE GENERAL PROVISIONS TITLE This Ordinance is officially titled as the of Atlantic Beach, North Carolina, and may be referred to as the, this Ordinance, and several abbreviated references such as the UDO, this UDO, or UDO EFFECTIVE DATE This Ordinance shall be in full force and effect on August 28, 2017, and repeals and replaces the Town of Atlantic Beach, as originally adopted on August 24, 2009, and subsequently amended AUTHORITY This Ordinance consolidates the Town s zoning, subdivision, and flood damage prevention regulations, as authorized by the North Carolina General Statutes. It is adopted in accordance with the following: A. GENERAL ASSEMBLY The authority granted to the Town of Atlantic Beach by the General Assembly of the State of North Carolina. B. NORTH CAROLINA GENERAL STATUTES The North Carolina General Statutes, including: 1. Chapter 160A, Article 8 - Police Powers; 2. Chapter 160A, Article 15 - Streets, Traffic, and Parking; 3. Chapter 160A, Article 19 - Planning and Regulation of Development; 4. Chapter 143, Article 21 - Water and Air Resources; and 5. Chapter 113a, Article 4 - Sedimentation and Pollution Control. C. TOWN CHARTER The Atlantic Beach Town Charter. D. OTHER RELEVANT LAWS 1. All other relevant laws of the State of North Carolina; and 2. Any special legislation for the Town of Atlantic Beach enacted by the General Assembly GENERAL PURPOSE AND INTENT The purpose of this Ordinance is to protect the public health, safety, morals, and general welfare of the citizens and landowners of the Town of Atlantic Beach, and to implement the policies and objectives of Town-adopted plans addressing the Town s growth and development. More specifically, the intent of this Ordinance is to: A. Acknowledge and protect the community character that is unique to Atlantic Beach; B. Foster convenient, compatible, and efficient relationships among land uses; C. Continue the established mixed-use pattern of certain portions of the community; D. Support and encourage a strong and diverse economy; E. Provide new investment and reinvestment opportunities; F. Better manage and lessen congestion in the streets; G. Ensure the provision of adequate open space between uses for light, air, and fire safety; H. Secure the safety of landowners and residents from flooding, fire, and dangers presented from extreme weather events, to the extent possible; I. Require appropriate setbacks for buildings and other structures to facilitate the safe movement of vehicular and pedestrian traffic, provide adequate fire lanes, and ensure adequate distance from dust, 1-1

16 ARTICLE GENERAL PROVISIONS Section Conformance with Policy Subsection B. Conformance noise, and fumes created by vehicular traffic; J. Improve development quality and the quality of life for residents and visitors; K. Preserve and enhance visual attractiveness; L. Protect existing established development and neighborhoods from incompatible infill and redevelopment; M. Protect existing and increased housing and lodging opportunities; N. Ensure new development and redevelopment compliments and enhances community character; and O. Implement thoughtful, controlled growth APPLICABILITY A. WHERE APPLIED 1. The regulations set forth in this Ordinance shall apply to all property within the Town s corporate limits and within the various zoning districts as designated on the official zoning map, as established in Section D, Official Zoning Map, including any submerged lands that fall within the Town s corporate limits, unless the development is expressly exempted by a specific provision of this Ordinance. 2. The Town of Atlantic Beach does not exercise planning and zoning authority beyond its corporate limits. B. APPLICATION TO GOVERNMENTAL UNITS Except as stated elsewhere, this Ordinance shall apply to: 1. The Town of Atlantic Beach Development by the Town or its agencies or departments; 2. County and State Government Development of buildings by state or county agencies or departments, public colleges or universities, or other political subdivisions of the State, in accordance with the standards in Section 160A-392 of the North Carolina General Statutes; and 3. Federal Government Development owned or held in tenancy by the government of the United States, its agencies, departments, or corporate services, to the full extent permitted by federal law. C. NO DEVELOPMENT UNTIL COMPLIANCE WITH ALL APPLICABLE LAWS 1. No Land Developed Unless exempted, no land shall be developed except in compliance with this Ordinance and all other applicable Town, State, and federal regulations. 2. No Use or Occupancy No person shall use, occupy, or divide any land or a building or authorize or permit the use, occupancy, or division of land or a building under their control, except in accordance with this Ordinance. 3. No Building Constructed No building, structure, or portion thereof, shall be erected, used, occupied, maintained, moved, or altered except in conformity with the applicable regulations in this Ordinance and other applicable Town regulations CONFORMANCE WITH POLICY A. ADOPTED POLICY GUIDANCE The administration, enforcement, and amendment of this Ordinance shall be accomplished in accordance with the Town s adopted planning policy framework. This includes the most recently adopted certified CAMA Land Use Plan and all other Town-adopted policy guidance. B. CONFORMANCE 1-2

17 ARTICLE GENERAL PROVISIONS Section Transitional Provisions Subsection C. Pending Applications 1. Advisory Adopted policy guidance is advisory in nature and does not carry the effect of law. Except as provided in Section 160A-382 and Section 160A-383 of the North Carolina General Statutes, consistency with adopted policy guidance shall not be a requirement for the continuing validity of any provision of this Ordinance. 2. Consistency This Ordinance is intended to ensure that all development within the Town is consistent with the goals, objectives, policies, strategies, and actions contained in the Town s adopted policy guidance. 3. Amendment Upon Inconsistency To the extent this Ordinance is or becomes inconsistent with the Town s adopted policy guidance, it should be amended to remain consistent. All amendments to this Ordinance s text or to the Official Zoning Map should maintain and enhance consistency between this Ordinance and adopted policy guidance RELATIONSHIP WITH OTHER AGREEMENTS, COVENANTS, OR DEED RESTRICTIONS A. MINIMUM REQUIREMENTS In the application of this Ordinance, all provisions shall be considered as minimum requirements and shall not be deemed to limit or repeal any other powers or authority granted under the North Carolina General Statutes. B. REVIEW OF PRIVATE AGREEMENTS The Town may review and approve private agreements, such as those related to the establishment and operation of a home or property owner s association; maintenance and operation of shared parking or cross-access agreement; or access easement between landowners in favor of the general public; but the Town is not responsible for monitoring or enforcing private covenants and deed restrictions. C. EXISTING AGREEMENTS OR VESTED RIGHTS Nothing in this Ordinance is intended to repeal, supersede, annul, impair, or interfere with any existing private agreements or vested rights, provided such agreements or vested rights are lawfully established and remain in effect CONFLICT BETWEEN LAWS A. CONFLICTS WITH OTHER TOWN CODES OR LAWS If a provision of this Ordinance is inconsistent with another provision found in other adopted ordinances of the Town, the more restrictive provision shall govern unless the terms of the more restrictive provision specifies otherwise. The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls. B. CONFLICTS WITH STATE OR FEDERAL LAW If a provision of this Ordinance is inconsistent with State or federal law, the more restrictive provision controls, to the extent permitted by law. C. CONFLICTS BETWEEN STANDARDS IN THIS ORDINANCE If provisions of this Ordinance conflict with one another, the more restrictive provision, as determined by the UDO Administrator, shall govern unless otherwise expressly provided TRANSITIONAL PROVISIONS A. PRIOR VIOLATIONS CONTINUE 1-3

18 ARTICLE GENERAL PROVISIONS Section Transitional Provisions Subsection F. Existing Uses Any prior violation of the previous ordinance shall continue to be a violation under this Ordinance, unless the development complies with this Ordinance and is no longer considered to be a violation. Violations of this Ordinance shall be subject to Article 18-9: Enforcement. B. EXISTING NONCONFORMITIES If any use, structure, lot, or sign, legally existed on August 28, 2017, but does not fully comply with the standards of this Ordinance, the use, structure, lot, or sign, is considered nonconforming under this Ordinance and may continue in accordance with the requirements in Article 18-8: Nonconformities. C. PENDING APPLICATIONS 1. Application Submitted After August 28, 2017 an application for a development permit or approval shall not be considered as a submitted application until it is determined by the UDO Administrator to be a complete application in accordance with Section F.4, Completeness Review. 2. Complete Application a. Any submitted development application accepted as complete before August 28, 2017, but still pending review or final action as of that date, shall be reviewed and decided in accordance with the prior regulations, or the standards of this Ordinance, at the request of the applicant. b. Complete applications shall be processed in good faith and shall comply with any time frames for review, approval, and completion as established in the regulations in effect at the time of the application is deemed by the UDO Administrator to be complete. If the application fails to comply with the required time frames, it shall expire and future development shall be subject to the requirements of this Ordinance. c. To the extent such an application is approved and proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 18-8: Nonconformities. d. An applicant may request review under this Ordinance by submitting a written request to the UDO Administrator. 3. Application Not Complete An applicant with a pending application that has been delivered to the Town but not determined to be complete before August 28, 2017 shall be reviewed in accordance with the standards in this Ordinance. D. APPROVED APPLICATIONS 1. Valid Until Expiration a. Any development approvals or permits granted before August 28, 2017 shall remain valid until their expiration date. Developments with valid approvals or permits shall be carried out in accordance with the terms and conditions of their approval and the development standards in effect at the time of approval, provided the approval or permit is valid and has not expired. b. An applicant shall be deemed to have initiated an approved development upon the subsequent application for and diligent pursuit of other required county, State, or federal permits or approvals. 2. Expiration If the prior approval expires or is revoked (e.g., for failure to comply with the terms and conditions of approval), any subsequent development of the site shall comply with this Ordinance. 3. Legal Challenge Timelines for the commencement or expiration of development in accordance with an approved application shall be suspended in the event of legal challenge. 4. Nonconforming Development 1-4

19 ARTICLE GENERAL PROVISIONS Section Severability Subsection G. Prior-Approved Conditional Use Zoning To the extent a prior-approved application proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article18-8: Nonconformities. E. NEW APPLICATIONS Applications submitted after the effective date in Section , Effective Date, are subject to the procedures and standards in this Ordinance. F. EXISTING USES 1. If a use was a lawfully-established use permitted by-right before August 28, 2017 and is subsequently made a conditional use in Table G, Principal Use Table, the use shall be considered a lawfully-established conditional use. 2. Any changes to a lawfully-established conditional use created in accordance with sub-section F.1 above, made after August 28, 2017 shall be in accordance with Section H, Conditional Use Permit. G. PRIOR-APPROVED CONDITIONAL USE ZONING 1. Subject to Existing Conditions Land in the RSC district subject to a conditional use permit approved before August 28, 2017 shall continue to be subject to all conditions in the conditional use permit. 2. Amendment Amendments or modifications made to a use existing in the RSC district after August 28, 2017 shall be subject to the requirements of this Ordinance but shall not be required to obtain a new conditional use permit or amend an existing conditional use permit ZONING DISTRICT TRANSLATION On August 28, 2017, land zoned with a zoning district classification from the previous ordinance shall be translated or reclassified to one of the zoning district classifications in this Ordinance as set forth in Article 18-3: Zoning Districts. Table , Zoning District Translation, summarizes the translation or reclassification of the zoning districts used in the previous ordinance to the zoning districts used in this Ordinance. For example, the table shows that all lands classified as Residential Single Family Conservation (R-1(C)) in the previous ordinance under the column titled Former Zoning District are now classified Residential Single-Family Conservation (RSC) in this Ordinance under the column titled Current Zoning District. TABLE : ZONING DISTRICT TRANSLATION FORMER ZONING DISTRICT CURRENT ZONING DISTRICT RESIDENTIAL DISTRICTS Residential Single Family Conservation (R-1(C)) Residential Single Family 7 (R-1(7)) Residential Single Family 5 (R-1(5)) Residential Single Family Manufactured (R-1M) Residential Single Family and Duplex (R-2) Residential Multi-Family (R-3) Residential Single-Family Conservation (RSC) Residential Single-Family Wide Yard (RSW) Residential Single-Family Narrow Yard (RSN) Residential Single-Family Manufactured (RSM) Residential Single-Family and Duplex (RSD) Residential Multi-Family (RMF) MIXED-USE DISTRICTS Resort Mixed Use (RMU) Resort Service (RS) Mixed Use Neighborhood (MUN) Mixed Use High Intensity (MHI) COMMERCIAL DISTRICTS 1-5

20 ARTICLE GENERAL PROVISIONS Section Severability Subsection G. Prior-Approved Conditional Use Zoning TABLE : ZONING DISTRICT TRANSLATION FORMER ZONING DISTRICT Circle Development (CDD) Community Business (CB) General Business (GB) CURRENT ZONING DISTRICT Commercial Circle (CIR) Commercial Periphery (CPY) Commercial Corridor (COR) SEVERABILITY The legislative intent of the Town Council in adopting this Ordinance is that all provisions shall regulate development in accordance with the existing and future needs of the Town as established in this Ordinance, and promote the public health, safety, and general welfare of the landowners and residents of Atlantic Beach. If any section, subsection, sentence, boundary, or clause of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council hereby declares that it would have passed this Ordinance and any section, subsection, sentence, boundary, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, boundaries, clauses, or phrases are declared invalid. 1-6

21 ARTICLE PROCEDURES Summary Development Review Table 2-1 A. How to Use This Article 2-1 B. Table Contents Development Review Responsibilities 2-2 A. Overview 2-2 B. UDO Administrator 2-2 C. Building Inspector 2-3 D. Reserved 2-4 E. Technical Review Committee (TRC) 2-4 F. Planning Board 2-5 G. Reserved 2-6 H. Town Council 2-6 I. Board of Adjustment (BOA) Common Review Procedures 2-10 A. General 2-10 B. Purpose and Intent 2-10 C. Pre-application Conference 2-10 D. Neighborhood Meeting 2-10 E. Reserved 2-12 F. Application Submittal and Acceptance 2-12 G. Staff Review and Action 2-13 H. Public Notification 2-14 I. Reserved 2-15 J. Quasi-judicial Public Hearing Procedure 2-15 K. Review by Advisory Body 2-15 L. Review and Action by Decision-making Body 2-16 M. Conditions of Approval 2-17 N. Notification of Decision or Action 2-17 O. Effect of Development Approval 2-17 P. Reserved 2-17 Q. Deferral and Continuance 2-17 R. Withdrawal 2-18 S. Limitation on Subsequent Similar Applications 2-18 T. Expiration of Permit or Development Approval Specific Review Procedures 2-20 A. Purpose and Intent 2-20 B. Overview 2-20 C. Appeal 2-20 D. Building Permit 2-23 E. Reserved 2-24 F. CAMA Minor Permit 2-24 G. Certificate of Occupancy 2-26 H. Conditional Use Permit 2-27 I. Development Agreements 2-29 J. Reserved 2-32 K. Floodplain Development Permit 2-32 L. Interpretation 2-33 M. Reserved 2-35 N. Land Disturbance Permit 2-35 O. Right-of-Way Encroachment 2-37

22 P. Sign Permit 2-39 Q. Site Plan (Major/Minor) 2-40 R. Reserved 2-42 S. Subdivision, Major 2-43 T. Subdivision, Minor 2-47 U. Reserved 2-48 V. Temporary Use Permit 2-48 W. Text Amendment 2-49 X. Variance 2-51 Y. Zoning Map Amendment 2-55 Z. Zoning Permit 2-57

23 ARTICLE PROCEDURES SUMMARY DEVELOPMENT REVIEW TABLE A. HOW TO USE THIS ARTICLE 1. Article 18-2 is comprised of four sections: a section setting out the summary review table; a section establishing the advisory and decision-making bodies with responsibilities under this Ordinance; a section containing a set of common (or standard) review procedures; and a section with a set of specific development application review procedures. 2. The summary table in Section describes all the specific development application review procedures in this Ordinance and the review and decision-making bodies who review and decide them. 3. Section describes the powers and duties and the rules of procedure for each review and decision-making body this section describes the rules governing how decisions are made. 4. Section describes the common review procedures, or the set of standardized procedures that apply to all types of development applications. For example, pre-application conferences, application submittal, application completeness determination, staff review and report, public notification, public meeting or hearing procedures, and notification of decision steps are all addressed in the common review procedures section. 5. Section describes the steps in each type of application review process, the review criteria specific to that type of procedure, and any other provisions that apply in addition to or instead of the common review procedures. 6. An applicant for development in Atlantic Beach should first consult the specific review procedures summary table to determine which review and decision-making bodies review or decide the application. Then, an applicant should review the common review procedures to understand the steps in the application process. Finally, an applicant should review the individual specific development review procedure related to their application type. Applicants who are unsure of how to proceed should schedule a pre-application conference with Town Staff (see Section C, Pre-application Conference) to better understand the review requirements and procedural steps associated with their particular application. B. TABLE CONTENTS Table B, Specific Review Procedures Summary Table, identifies the review authority for development applications reviewed under this Ordinance. The table also identifies: 1. The relevant section of this Ordinance where detailed procedural information may be found; and 2. If a public hearing is required. TABLE B: SPECIFIC REVIEW PROCEDURES SUMMARY TABLE D = Decide R = Recommendation A = Appeal <> = Legislative Public Hearing { } = Quasi-judicial Public Hearing PROCEDURE SECTION REFERENCE UDO ADMINISTRATOR ADVISORY & DECISION-MAKING BODIES TECHNICAL BUILDING PLANNING TOWN REVIEW INSPECTOR BOARD COUNCIL COMMITTEE BOARD OF ADJUSTMENT Appeal C {D} Building Permit D D CAMA Minor Permit F D [1] Certificate of Occupancy G D {A} Conditional Use Permit H R {D} 2-1

24 ARTICLE PROCEDURES Section Development Review Responsibilities Subsection B. UDO Administrator TABLE B: SPECIFIC REVIEW PROCEDURES SUMMARY TABLE D = Decide R = Recommendation A = Appeal <> = Legislative Public Hearing { } = Quasi-judicial Public Hearing PROCEDURE SECTION REFERENCE UDO ADMINISTRATOR ADVISORY & DECISION-MAKING BODIES TECHNICAL BUILDING PLANNING TOWN REVIEW INSPECTOR BOARD COUNCIL COMMITTEE BOARD OF ADJUSTMENT Development Agreement I <R> <D> Floodplain Development Permit K D [2] {A} Interpretation L D {A} Land Disturbance Permit N D {A} Right-of-Way Encroachment O R {D} Sign Permit P D {A} Site Plan Major D <R> <R> [3] Q Minor D {A} Preliminary Subdivision, <D> <R> [3] Plat S Major Final Plat D {A} Subdivision, Minor T D {A} Temporary Use Permit V D {A} Text Amendment W <R> <D> Variance X {D} [4] Zoning Map Amendment Y <R> <D> Zoning Permit Z D {A} TABLE NOTES: [1] CAMA general and major permits are reviewed and decided by the Coastal Resources Commission. [2] The Building Inspector is designated as the Floodplain Administrator. [3] A concept proposal is reviewed during a joint public hearing with the Planning Board and Town Council. [4] Includes variances to floodway/floodplain provisions DEVELOPMENT REVIEW RESPONSIBILITIES A. OVERVIEW The following review authorities have powers and responsibilities in administering and reviewing development applications under this Ordinance: 1. UDO Administrator; 2. Building Inspector; 3. Technical Review Committee (TRC); 4. Planning Board; 5. Town Council; and 6. Board of Adjustment (BOA). B. UDO ADMINISTRATOR 1. Powers and Duties The UDO Administrator shall have the following powers and duties: a. Application Review and Decision 2-2

25 ARTICLE PROCEDURES Section Development Review Responsibilities Subsection D. Reserved To review and decide applications for: i. Administrative Adjustments; ii. CAMA Minor Permits; iii. Interpretations; iv. Sign Permits; v. Temporary Use Permits; and vi. Zoning Permits. b. Recommendation Authority To make recommendations on the following applications: i. Conditional Use Permits; and ii. Right-of-Way Encroachments. c. Other Powers and Duties i. To conduct pre-application conferences in accordance with Section C, Pre-Application Conference. ii. To investigate violations and enforce this Ordinance in accordance with Article 18-9: Enforcement. iii. To serve as the Floodplain Administrator, or designate another professionallevel Town staff member to serve in the capacity of Floodplain Administrator. iv. To 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. v. To establish application content requirements and a submission schedule for review of applications and appeals. vi. To ensure proper public notification regarding pending development applications is provided in accordance with state law. vii. To serve as Chair of the TRC and prepare a report of its review and recommendations to the Planning Board or Town Council. viii. To review development applications for compliance with this Ordinance and submit staff reports to advisory and decision-making bodies. ix. To conduct meetings with applicants for development approval as necessary or appropriate. x. To maintain the Official Zoning Map and related materials. xi. To provide expertise and technical assistance to Town staff and decisionmaking bodies, upon request. xii. To maintain all records pertaining to the provisions of this Ordinance and make records available for public inspection. xiii. To shall provide technical support for the implementation of the Land Use Plan. xiv. xv. To perform any other related duties that the Town Manager may direct. To exercise other powers and authority provided by the Town Council, this Ordinance, or state law. C. BUILDING INSPECTOR 1. Powers and Duties The Building Inspector shall have the following powers and duties: a. Application Review and Decision To review and decide applications for: i. Building Permits; ii. Certificates of Occupancy; iii. Floodplain Development Permits; and iv. Land Disturbance Permits. 2-3

26 D. RESERVED ARTICLE PROCEDURES Section Development Review Responsibilities Subsection E. Technical Review Committee (TRC) b. Other Powers and Duties i. To administer the North Carolina State Building Code; ii. To conduct inspections of construction and development sites to ensure health, safety, and compliance with applicable laws; and iii. To assist the UDO Administrator in the enforcement and administration of this Ordinance. E. TECHNICAL REVIEW COMMITTEE (TRC) The Technical Review Committee (TRC) is hereby established. 1. Powers and Duties a. Application Review and Decision To review and decide applications for: i. Major Site Plans; ii. Minor Site Plans; iii. Final Plats; and iv. Minor Subdivisions. b. Other Powers and Duties To provide its expertise and technical assistance to the UDO Administrator in establishing application content requirements and a submission schedule for review of applications and appeals. 2. Composition a. Membership The TRC may include, but not necessarily be limited to, the following governmental agencies, governmental officials, organizations, and individuals: i. UDO Administrator; ii. Town Manager; iii. Town Council member (appointed quarterly by Council at large); iv. Building Inspector; v. Public Services Director; vi. CAMA Local Permit Officer; vii. Fire Department; viii. Police Department; ix. Planning Board member (assigned on a quarterly basis by the Planning Board); x. Town Attorney; xi. Utilities providers; xii. Carteret County Health Department; xiii. Carteret County Board of Education; xiv. Downeast Rural Planning Organization; xv. NC Department of Transportation (NCDOT); xvi. NC Department of Environmental Quality; xvii. NC Division of Water Quality; xviii. NC Division of Coastal Management; xix. US Army Corps of Engineers; xx. Consulting engineer (as designated by the Town Manager); and xxi. Other Town representatives appointed by the Town Manager. b. Officers The UDO Administrator shall serve as the Chair of the TRC to preside over its meetings, document the proceedings, and may request the participation of professional experts or 2-4

27 ARTICLE PROCEDURES Section Development Review Responsibilities Subsection F. Planning Board a representative from an adjacent municipality, county, regional or state agency if the UDO Administrator determines that such entities can provide expertise concerning the proposed development. 3. Rules of Procedure a. Regular meetings of the TRC shall be held according to a schedule established from time to time by the Chair. b. The Chair shall prepare written summaries that include the date, the members present, and the recommendations of the committee. c. The applicant and representatives may be invited by the Chair to attend. d. The TRC shall make its recommendations in writing. F. PLANNING BOARD The Planning Board is hereby established in accordance with Section 160A-361 and Section 160A-387 of the North Carolina General Statutes. 1. Powers and Duties a. Application Review and Decision To review and decide applications for Preliminary Plats. b. Recommendation Authority To make recommendations on the following applications: i. Development Agreements; ii. Concept plans associated with Major Site Plans; iii. Text Amendments; and iv. Zoning Map Amendments. c. Other Powers and Duties i. To prepare and, from time to time, amend and revise a comprehensive and coordinated plan for the physical development within the Town (CAMA Land Use Plan). ii. To prepare and recommend to the Town Council ordinances providing orderly development along the lines indicated in the comprehensive plan. iii. To gather maps and aerial photographs of manmade and natural physical features of the area, statistics on past trends and present conditions with respect to population, property values, the economic base of the community, land use, and such other information as is important or likely to be important in determining the amount, direction, and kind of development to be expected. iv. To report its recommendations to the Town Council upon the extent, location, and design of all public structures and facilities; on the acquisition and disposal of public properties; on the establishment of building lines, mapped street lines, and proposals to change existing street lines. v. To establish principles and policies for guiding action in the development within the Town. vi. To perform any other duties which may lawfully be assigned to it by this Ordinance, the Town Council, and State law. 2. Composition a. Membership i. The Planning Board shall consist of seven members who reside inside the Town limits and shall be appointed by the Town Council. ii. The seven members of the Planning Board shall have three-year staggered terms of office with three members being appointed in successive years and four members in the following year. iii. Regular attendance at meetings of the Planning Board is to be considered a 2-5

28 ARTICLE PROCEDURES Section Development Review Responsibilities Subsection H. Town Council prerequisite to continued membership, and upon certification by the Chair of the Planning Board that any member has missed four meetings within a calendar year, then the appointment to the Planning Board shall be declared open and the appointing body may replace the member. iv. Unless removed, Planning Board members serve until their replacements are appointed. b. Officers The Planning Board shall elect from its members a Chair and Vice Chair for a one-year term of office commencing on January Rules of Procedure a. Rules of Conduct i. The Planning Board shall adopt rules for transaction of its business and shall keep a record of its members' attendance and of its resolutions, discussions, findings, and recommendations, which record shall be of public record, unless otherwise provided by law. ii. A majority of the appointed and serving members of the Planning Board shall constitute a quorum for official action. b. Meetings i. All Planning Board meetings shall be open to the public and shall be conducted in accordance with the North Carolina Open Meetings Law in Chapter 143, Article 33B, of the North Carolina General Statutes. ii. The dates of the regularly scheduled Planning Board meetings shall be adopted by Town Council. G. RESERVED H. TOWN COUNCIL 1. Powers and Duties The Town Council shall have the following powers and duties: a. Application Review and Decision To review and decide applications for: i. Development Agreements; ii. Right-of-Way Encroachments; iii. Text Amendments; and iv. Zoning Map Amendments. b. Other Powers and Duties i. To comment on concept plans for Major Site Plans. ii. To approve, by resolution, a schedule of fees governing: a). Applications for permits and other development approvals reviewed under this Ordinance; and b). Civil penalties for violations of this Ordinance. iii. To adopt temporary, strategic moratoria on development in accordance with Section 160A-381.e of the North Carolina General Statutes. iv. To take any other action not delegated to the Planning Board, BOA, TRC, UDO Administrator, or Building Inspector, as the Town Council may deem desirable and necessary to implement the provisions of this Ordinance. v. To exercise any other powers provided under Article 19 of Chapter 160A of the North Carolina General Statutes. 2. Conflict of Interest 2-6

29 ARTICLE PROCEDURES Section Development Review Responsibilities Subsection I. Board of Adjustment (BOA) a. When considering legislative matters, a Council member shall not participate in or vote on any matter that has a direct, substantial, and readily identifiable financial impact on them or an immediate family member. b. When considering quasi-judicial matters, a member shall not participate in or vote on any matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. c. If an objection is raised to a member s participation and that member does not recuse himself or herself, then the remaining members shall by majority vote rule on the objection. I. BOARD OF ADJUSTMENT (BOA) The Board of Adjustment (BOA) is hereby established in accordance with Section 160A-388 of the North Carolina General Statutes. 1. Powers and Duties The Board of Adjustment shall have the following powers and duties: a. Application Review and Decision To review and decide applications for: i. Appeals of decisions of the UDO Administrator, Building Inspector, or other Town staff member; ii. Conditional Use Permits; and iii. Variances. b. Other Powers and Duties i. To hear and decide appeals from and review any order, requirement, decision, or determination made by the UDO Administrator or Building Inspector with regard to Chapter 6, Article 6 of the Town Code of Ordinances (the Minimum Housing Standards). ii. To exercise other powers and authority provided to it by Section 160A-388 of the North Carolina General Statutes or this Ordinance. 2. Composition a. Membership The BOA shall consist of five regular members and up to five alternate members. b. Residence Location and Appointment Members shall be residents of the Town of Atlantic Beach and shall be appointed by the Town Council. c. Alternate Members i. The BOA Chair may appoint alternate members to serve in the absence or temporary disqualification of regular members. ii. Each alternate member attending a meeting and serving in the absence of a regular member has and may exercise all the powers and duties of a regular member. iii. In no case, shall more than five regular members or combination of regular members and the alternate members be empowered to vote on any matter that comes before the BOA. d. Member Terms i. Members may serve a three-year term and shall continue to serve until their successors are appointed, provided that upon initial appointment the terms of 2-7

30 ARTICLE PROCEDURES Section Development Review Responsibilities Subsection I. Board of Adjustment (BOA) office may be staggered. ii. The terms of all members shall not expire at the same time. iii. Vacancies shall be filled by a new member or an alternate member appointed to serve for the remainder of the unexpired term. e. Officers i. The BOA shall elect from its members a Chair and Vice Chair for a one-year term of office commencing on January 1. ii. The Chair shall preside over all meetings. iii. In the absence of the Chair, the Vice Chair shall preside over meetings. iv. If both the Chair and Vice Chair are absent, the BOA membership shall vote to determine who shall serve as acting Chair for the meeting. f. Staff The Town Clerk shall: i. Provide administrative support to the BOA; ii. Record the minutes of all meetings; iii. Conduct all correspondence of the BOA; iv. Supervise all clerical work; v. Administer oaths to witnesses coming before the BOA, as appropriate; and vi. Provide other technical support, as needed. 3. Rules of Procedure a. Schedule The BOA shall hold at least one regular meeting in each month unless the Chair determines that there are no agenda items for consideration. b. Publication of Notice Notice of all meetings shall be provided in accordance with Section H, Public Notification, and applicable State law. c. Open Meetings All meetings and hearings shall be open to the public, and conducted in accordance with the North Carolina Open Meetings Law in Chapter 143, Article 33B, of the North Carolina General Statutes. d. Official Record i. The BOA shall keep minutes of its proceedings, showing the vote of each member upon every action or, if absent or failing to vote, indicate such fact. ii. The BOA shall keep records of its examinations and other official actions. iii. All records and minutes shall be public record. e. Quorum i. No official business of the BOA may be conducted without a quorum present. ii. A quorum is the majority of the BOA membership, excluding vacancies. f. Voting Voting shall be in accordance with the standards in Section 160A-388(e) of the North Carolina General Statutes. g. Oaths When required, either the Chair or the Clerk to the BOA shall administer required oaths to witnesses in any matter coming before the BOA. h. Continuance The BOA may continue a public hearing or delay voting on any matter to a subsequent meeting, upon a showing of good cause, in accordance with Section Q, Deferral and Continuance. i. Absence 2-8

31 ARTICLE PROCEDURES Section Development Review Responsibilities Subsection I. Board of Adjustment (BOA) i. Members shall inform the UDO Administrator of any anticipated absence immediately after receipt of the agenda. ii. A regular member who misses three consecutive regular meetings or 33 percent or more of the regular meetings shall be removed from the BOA. iii. Absences due to sickness, death in the family, or other emergencies of a similar nature shall be regarded as approved absences and shall not affect the member's status on the BOA; except that in the event of a long illness or other such case resulting in a prolonged absence, the member may be replaced. j. Violation of Due Process i. A member shall not participate in or vote on any quasi-judicial matter that would violate an affected person s constitutional rights to an impartial decisionmaker. Impermissible violations of due process include, but are not limited to: a member having a fixed opinion prior to hearing the matter that is not susceptible to change; undisclosed ex parte communications; a close familial, business, or other associational relationship with an affected person; or a financial interest in the outcome of the matter. ii. If an objection is raised to a member s participation and that member does not recuse himself or herself, then the remaining members shall by majority vote rule on the objection. k. Rules of Procedure i. The BOA shall adopt rules necessary to conduct its affairs and establish its organization, committees, procedures, meeting notice, and meeting conduct. ii. The BOA s rules of procedure shall be made available for public inspection in the Planning, Zoning, and Inspections Department. 2-9

32 COMMON REVIEW PROCEDURES ARTICLE PROCEDURES Section Common Review Procedures Subsection D. Neighborhood Meeting A. GENERAL This section describes the standard procedural steps and rules generally applicable to development applications reviewed under this Ordinance, unless otherwise specified in Section , Specific Review Procedures. B. PURPOSE AND INTENT This common review procedures section establishes the procedures used by the Town for the processing of development applications. It is the intent of this section to establish a uniform set of processes to foster greater efficiency and predictability for applicants, Town residents, Town staff, and elected and appointed officials during the review of development applications. C. PRE-APPLICATION CONFERENCE 1. Purpose The purpose of a pre-application conference is to provide an opportunity for the applicant to learn about the submittal requirements, procedures, and standards applicable to a development application. A pre-application conference is also an opportunity for Town staff to become familiar with, and offer preliminary comments about, the scope, features, and impacts of the proposed development, as it relates to the standards in this Ordinance. 2. Applicability a. Pre-Application Conference Required A pre-application conference between the applicant and the UDO Administrator shall be held before submittal of the following applications: i. Conditional Use Permits; ii. Development Agreements; iii. Major Site Plans; iv. Major Subdivision (Preliminary Plats); v. Text Amendments; and vi. Zoning Map Amendments to establish a more intense zoning district designation. b. Pre-Application Conference Optional A pre-application conference may be requested and held at the applicant s option for any development application other than those listed in Section C.2.a, Pre- Application Conference Required. 3. Scheduling Applicants shall contact the UDO Administrator to schedule a pre-application conference. 4. Procedure a. Following receipt of a request for a pre-application conference, the UDO Administrator shall schedule the conference and notify the applicant of the time and location. During the conference, the UDO Administrator will explain the application review process and any special issues or concerns regarding the subject proposal. b. In cases where a pre-application conference is required, the UDO Administrator shall forward a brief written summary of the issues discussed at the pre-application conference to the applicant for inclusion with the application materials. 5. Effect a. When required, a completed pre-application conference entitles an applicant to take the next step in the application process. b. Discussions at a pre-application conference are not binding on the Town, and do not constitute submittal or formal review of an application. D. NEIGHBORHOOD MEETING 2-10

33 ARTICLE PROCEDURES Section Common Review Procedures Subsection D. Neighborhood Meeting 1. Purpose The purpose of the neighborhood meeting is to inform landowners and occupants of nearby lands about a development application that is going to be reviewed under this Ordinance, and to provide the applicant an opportunity to hear comments and concerns about the development proposal as a means of resolving conflicts and outstanding issues, where possible. 2. Applicability a. A neighborhood meeting is encouraged (but not required) for any development application type listed in this Ordinance. b. The Town Council may direct an applicant to conduct a neighborhood meeting prior to taking action on a development application. The Town Council may require a neighborhood meeting by a simple majority vote on a motion. c. Whether the neighborhood meeting is optional or required, it shall be conducted in accordance with Section D.3, Procedure. d. Applications for an appeal, interpretation, or text amendment should not include a neighborhood meeting. 3. Procedure If a neighborhood meeting is conducted, it shall comply with the following procedures: a. Timing i. The applicant shall hold the neighborhood meeting prior to submittal of an application. ii. In the event an applicant is directed to conduct a neighborhood meeting by the Town Council after an application has been submitted, the neighborhood meeting shall be conducted prior to a decision being made on the application. b. Form The neighborhood meeting may take the form of a mailed letter, gathering, or a telephone communication between the applicant or the applicant s representative and landowners or other parties. Nothing shall prohibit multiple letters, gatherings, or telephone communications from taking place. c. Notification i. Prior to the neighborhood meeting, the applicant shall provide a mailed letter or notice of the neighborhood meeting, as appropriate, to all landowners of land abutting the land subject to the application, as shown on the County tax listing. ii. Failure of a party to receive notice of the neighborhood meeting shall not invalidate the application. d. Information Provided The applicant shall provide the following information as part of notification: i. A description of the proposed development; ii. The purpose of the neighborhood meeting; iii. The development review procedure(s) the application will follow; iv. The potential for changes in the applicant s development proposal as it proceeds through the review process; v. Sources of further information about the development review process; and vi. Any additional information that would promote understanding of the development proposal. e. Conduct of Meeting As part of the neighborhood meeting, the applicant shall explain the development proposal and application, inform notified parties about the application review process and the potential for change to the proposal as it proceeds through the process, 2-11

34 ARTICLE PROCEDURES Section Common Review Procedures Subsection G. Staff Review and Action respond to questions and concerns notified parties raise about the application, and propose ways to resolve conflicts and concerns. f. Written Summary Either along with the application materials, or within three days of the completion of a neighborhood meeting conducted after an application has been submitted, the applicant shall submit a written summary of the neighborhood meeting that includes: i. The date, time, location, and form of the meeting (e.g., letter, gathering, or telephone communication); ii. The method and date of notification about the meeting; iii. A list of landowners notified about the meeting; iv. The description of the development proposal presented to the notified parties; and v. A summary of attendee comments, ideas, and suggestions from notified parties to be incorporated into the development proposal. 4. Staff Attendance Town staff may, but are not required to, attend a neighborhood meeting. Staff members shall not act as facilitators or become involved in discussion about a development proposal though they may provide information about Town requirements or procedures. E. RESERVED F. APPLICATION SUBMITTAL AND ACCEPTANCE 1. Authority to File Applications Unless expressly stated otherwise in this Ordinance, development applications reviewed under this Ordinance shall be submitted by the landowner, contract purchaser, or other person having a recognized property interest in the land on which development is proposed. 2. Application Fees a. The Town Council shall establish application fees, and may amend and update those fees as necessary. b. No application approval shall be issued until all required application fees are paid in full. 3. Application Submittal a. Applications shall be submitted to the UDO Administrator in the form established by the UDO Administrator, along with the appropriate application fee. b. Except for applications initiated by the Town Council, no development application requiring approval by the Town Council may be filed that includes land subject to a pending appeal being considered by the BOA or the courts. c. An application shall not be considered submitted until it has been determined to be complete in accordance with Section F.4, Completeness Review. 4. Completeness Review On receiving a development application, the UDO Administrator shall determine, within 14 days, whether the application is complete or incomplete. A complete application is one that: a. Contains all information and material established by the UDO Administrator as required for submittal of the particular type of application; b. Is in the form and number of copies required by the UDO Administrator; c. Is legible and printed to scale, where appropriate; d. Includes information in sufficient detail to evaluate whether or not the application complies with the applicable review standards in this Ordinance; e. Includes material associated with a pre-application conference, if one is required; and f. Includes the written summary of a neighborhood meeting, if one was conducted. 5. Application Incomplete 2-12

35 ARTICLE PROCEDURES Section Common Review Procedures Subsection G. Staff Review and Action If the application is incomplete, the UDO Administrator shall notify the applicant of the deficiencies. The applicant may correct the deficiencies and resubmit the application for completeness determination. 6. Application Complete On determining that the application is complete, it shall be considered as submitted, and the UDO Administrator shall commence review in accordance with the procedures and standards of this Ordinance. G. STAFF REVIEW AND ACTION 1. Staff Review a. Applications shall be reviewed during the review cycle in place when the application is determined to be complete. b. When an application is determined complete, it shall be distributed by the UDO Administrator to all appropriate staff and review agencies for review and comment, and the preparation of a staff report, if appropriate. c. In considering the application, the UDO Administrator, the TRC, or other Town staff, as appropriate, shall review the application, relevant support material, and any comments or recommendations from other staff and review agencies to which the application was referred. d. If deficiencies in complying with applicable standards of this Ordinance are identified, the UDO Administrator shall notify the applicant of such deficiencies and provide the applicant a reasonable opportunity to discuss them and revise the application accordingly. 2. Staff Report and Recommendation a. The UDO Administrator shall prepare a written staff report for any application to be reviewed or decided by the Planning Board, Town Council, or Board of Adjustment. b. The staff report shall conclude whether the application complies with all applicable review standards of this Ordinance, and recommend one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, in accordance with Section , Specific Review Procedures. The staff report may identify and recommend conditions of approval addressing how compliance deficiencies might be corrected and how adverse effects of the development application might be mitigated. c. A staff report is not required for an application decided by the UDO Administrator, the Building Inspector, or the TRC, though one may be prepared. 3. Distribution and Availability of Application and Staff Report In cases where a development application is reviewed or decided by the Planning Board, Town Council, or Board of Adjustment (see Table B, Specific Review Procedures Summary Table), the UDO Administrator shall take the following actions within a reasonable time period before the application is scheduled for review: a. Schedule and ensure any required notice of the application, if appropriate, is prepared in accordance with Section H, Public Notification; b. Transmit the application, related materials, and staff report to the appropriate review authority; c. Transmit a copy of the staff report to the applicant; and d. Make the application, related materials, and staff report available for examination by the public in the Planning, Zoning, and Inspections Department during normal business hours. 4. Applications Subject to Decision by Staff a. Decision 2-13

36 ARTICLE PROCEDURES Section Common Review Procedures Subsection H. Public Notification In cases where a development application is decided by the UDO Administrator, the Building Inspector, or the TRC (see Table B, Specific Review Procedures Summary Table), the appropriate Town staff member shall approve, approve subject to conditions necessary to bring the application into compliance with this Ordinance, or disapprove the application, based on the review standards set forth in Section , Specific Review Procedures, for the particular type of application. b. Conditions of Approval Conditions of approval shall be limited to those deemed necessary to ensure compliance with the standards of this Ordinance. They shall be related in both type and amount to the anticipated impacts of the proposed development on the public and surrounding development. All conditions of approval shall be expressly set forth in the development permit or approval. H. PUBLIC NOTIFICATION 1. Public Hearing Scheduling When a development application is subject to a public hearing, the UDO Administrator shall ensure that the public hearing is scheduled for a regular meeting or a meeting specially called for that purpose by the advisory or decision-making body. 2. Public Notification All development applications subject to public notification shall comply with standards in Section 160A-364, Section 160A-384, and Section 160A-388 of the North Carolina General Statutes, the provisions listed in Table H, Public Notification Requirements, the provisions of this section, and other provisions in this Ordinance related to public notice. a. Notification Requirements The UDO Administrator shall ensure public notification is provided in accordance with the timing requirements in Table H, Public Notification Requirements, for the type of application and the type of notice. In computing the required time periods, the day the notice is published, mailed, or posted shall not be included, but the day of the hearing shall be included. TABLE H: PUBLIC NOTIFICATION REQUIREMENTS APPLICATION TYPE DECISION-MAKING BODY 2-14 TYPE OF REQUIRED PUBLIC NOTIFICATION X= Required PUBLISHED MAILED NOTICE [1] NOTICE [2] Appeal Board of Adjustment X X POSTED NOTICE [3] Conditional Use Permit Board of Adjustment X X Planning Board X Development Agreement Town Council X Concept Proposal for Major Site Town Council and X X Plan Planning Board Concept Proposal for Major Planning Board X Subdivision Right-of-Way Encroachment Town Council X Text Amendment Planning Board X Town Council X Variance Board of Adjustment X X Vested Rights Determination Town Council X X X

37 ARTICLE PROCEDURES Section Common Review Procedures Subsection K. Review by Advisory Body TABLE H: PUBLIC NOTIFICATION REQUIREMENTS APPLICATION TYPE Zoning Map Amendment DECISION-MAKING TYPE OF REQUIRED PUBLIC NOTIFICATION X= Required BODY PUBLISHED MAILED POSTED NOTICE [1] NOTICE [2] NOTICE [3] Planning Board X X X Town Council X X X TABLE NOTES: [1] Except for Concept Plans for Major Site Plans, published notice shall be provided once a week for 2 successive calendar weeks, with the first notice between 10 and 25 days before the hearing. Published notice for a Concept Plan for a Major Subdivision shall be provided once at least 10 days before the hearing. [2] Mailed notice shall be provided to landowners abutting the subject site between 10 and 25 days before the hearing. [3] Posted notice shall be provided between 10 and 25 days before the hearing. I. RESERVED b. Notice Requirements The content, form, and location of required notice shall comply with the North Carolina General Statutes. J. QUASI-JUDICIAL PUBLIC HEARING PROCEDURE If the development application is subject to a quasi-judicial public hearing by a decision-making body, the decision-making body shall hold a quasi-judicial public hearing in accordance with the following procedures. 1. Opportunity to Present Testimony and Evidence Any party with standing shall be afforded a reasonable opportunity to present testimony and evidence in support of or in opposition to the application, and to ask questions of the applicant, the applicant s representatives, Town staff, and the Town staff s representatives. 2. Limitation on Evidence The Chair or other presiding officer may limit or exclude incompetent evidence, immaterial evidence, repetitive evidence, and ad hominem attacks. 3. Conflicts of Interest A member shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. 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. 4. Ex Parte Communication Ex parte communications between an applicant or an affected party and a member of the decision-making body are prohibited. If it occurs, it shall be disclosed during the quasi-judicial public hearing. K. REVIEW BY ADVISORY BODY 2-15

38 ARTICLE PROCEDURES Section Common Review Procedures Subsection L. Review and Action by Decision-making Body If an application requires review and a recommendation by an advisory body, such as the Planning Board, it shall review the application in accordance with the following procedures: 1. General The advisory body, as appropriate, shall consider the application, relevant support materials, staff report, and any public comments. One of the decisions authorized for the particular type of application shall be recommended, based on the review standards applicable to the application type, as set forth in Section , Specific Review Procedures. 2. Vote a. A decision to recommend approval shall be decided by a simple majority of the members present, a quorum being present. b. A tie vote by members of the advisory body shall be forwarded without a recommendation. 3. Timing Unless an application is deferred or continued in accordance with Section Q, Deferral and Continuance, a recommendation on an application shall be made within 60 days from the date of the initial meeting where it is considered. 4. Failure to Recommend If the advisory body fails to make a recommendation in the time allotted for an application to be reviewed and decided by the Town Council, the application shall be forwarded to the Town Council without a recommendation from the advisory body. L. REVIEW AND ACTION BY DECISION-MAKING BODY If an application is subject to a decision by the Planning Board, Town Council, or BOA, the decisionmaking body shall review and decide the application in accordance with the following procedures: 1. General The decision-making body shall conduct any required public hearing(s) and consider the application, relevant support materials, staff report, any advisory body recommendations, and public comments. After the conclusion of the public hearing, it shall make one of the decisions authorized for the particular type of application based on the review standards applicable to the application type, as set forth in Section , Specific Review Procedures. 2. Quasi-Judicial Procedures Required quasi-judicial public hearings (see Table B, Specific Review Procedures Summary Table) shall be conducted in accordance with Section J, Quasi-Judicial Public Hearing Procedures. 3. Remand The decision-making body may remand the application to Town staff or the appropriate advisory body for further consideration of new information or specified issues or concerns, if appropriate. In addition, the Town Council may, in accordance with Section D, Neighborhood Meeting, require the applicant to conduct a neighborhood meeting before rendering a decision on the application. 4. Application Revision The decision-making body may revise an application to apply more restrictive requirements, or to ensure the application better serves the purpose and intent of this Ordinance. In cases where an application is revised by a decision-making body in this manner, additional public notification or public hearings are not required. 5. Vote a. Quasi-Judicial Hearing Members of a decision-making body making a quasi-judicial decision shall not participate in or vote in a manner that would violate affected person s constitutional rights to an impartial decision maker. Impermissible violations of due process include, 2-16

39 ARTICLE PROCEDURES Section Common Review Procedures Subsection Q. Deferral and Continuance but are not limited to: a member having a fixed opinion prior to hearing the matter that is not susceptible to change; undisclosed ex parte communications; a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. b. Legislative Public Hearing A board member shall recuse themselves from voting on an application where the outcome of the matter being considered is reasonably likely to have a direct, substantial, or readily identifiable financial impact on them or a member of their immediate family. 6. Timing The decision-making body shall take action on the application as promptly as reasonably possible in consideration of the public interest. M. CONDITIONS OF APPROVAL Conditions of approval related to quasi-judicial decisions shall be limited to those that address: 1. The conformance of the development to this Ordinance or other applicable Town ordinances; 2. The conformance of the development to the Land Use Plan or other applicable adopted plan; and 3. The impacts reasonably expected to be generated by the development. N. NOTIFICATION OF DECISION OR ACTION 1. Timing Except where otherwise stated in this Ordinance, the UDO Administrator shall provide the applicant written notification of a decision or action within 10 business days after a final decision on a development application. 2. Copy of Decision In addition, the UDO Administrator shall make a copy of the decision available to the public in the offices of the Planning, Zoning, and Inspections Department, during normal business hours. O. EFFECT OF DEVELOPMENT APPROVAL 1. Approval Limited Approval of a development application in accordance with this Ordinance authorizes only the particular use, plan for development, or other specific activity approved. 2. Permit Prerequisite In the event a permit or development approval is a prerequisite to another permit or development approval (e.g., administrative adjustment or variance approval prior to a site plan approval), development may not take place until all prerequisite approvals are obtained. Approval of one development application does not guarantee approval of any subsequent development application. P. RESERVED Q. DEFERRAL AND CONTINUANCE An applicant may request that an advisory or decision-making body s consideration of a development application at public hearing be deferred or continued by submitting a written request for deferral to the UDO Administrator. 1. UDO Administrator Action If public notification has not been provided in accordance with this Ordinance, the UDO Administrator shall consider and decide the deferral or continuance request. A request for deferral or continuance shall be approved only in cases where the applicant needs additional time to prepare evidence, secure approval from outside agencies, or bring the application into closer alignment with the Land Use Plan or the requirements of this Ordinance. 2-17

40 ARTICLE PROCEDURES Section Common Review Procedures Subsection T. Expiration of Permit or Development Approval 2. Advisory or Decision-Making Body Action a. If public notification has been provided in accordance with this Ordinance, the request for deferral or continuance shall be placed on the public hearing agenda of the advisory or decision-making body on the date the application is to be considered and acted upon by the body. The advisory or decision-making body may approve the request for good cause. b. The applicant shall be responsible for any additional public notification expenses. 3. General Requirements a. No more than one deferral or continuance may be granted. b. The deferral or continuance shall not exceed six months in duration. c. A second deferral request shall be considered as withdrawal of the application. R. WITHDRAWAL 1. An applicant may withdraw an application at any time. 2. If an applicant withdraws an application for the same land after public notification two times within a single calendar year, the same application may not be resubmitted for a period of one year from the date of the second withdrawal. S. LIMITATION ON SUBSEQUENT SIMILAR APPLICATIONS 1. If a development application requiring a public hearing is denied, no application proposing the same or similar development on all or part of the same land shall be submitted within one year after the date of denial unless the decision-making body approves a reduction in this time limit in accordance with subsection (2) below. For the purposes of this section, the same or similar development shall mean: a. The same use type(s) in the same approximate location(s) as the denied application; or b. The same use type(s) in the same approximate building configuration (e.g., building height, floor area, massing) as the denied application. 2. The owner of land subject to this subsection, or the owner's authorized agent, may submit a written request for reduction of the time limit, along with a fee to defray the cost of processing the request, to the UDO Administrator, who shall transmit the request to the decision-making body. The decision-making body may grant the request only on a finding by two-thirds of its membership that the owner or agent has demonstrated that: a. There is a substantial change in circumstances relevant to the issues or facts considered during review of the prior application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or b. New or additional information is available that was not available at the time of review of the prior application and that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or c. The new application proposed to be submitted is materially different from the prior application; or d. The final decision on the prior application was based on a material mistake of fact. T. EXPIRATION OF PERMIT OR DEVELOPMENT APPROVAL 1. General a. Development approvals granted in accordance with this Ordinance shall expire as provided in Section , Specific Review Procedures, for the particular type of development permit or approval. b. If no expiration period is provided in Section , Specific Review Procedures, then the development approval does not expire. 2-18

41 ARTICLE PROCEDURES Section Common Review Procedures Subsection T. Expiration of Permit or Development Approval c. A change in ownership of the land shall not affect the established expiration time period. The filing of an appeal shall delay the established expiration period until final resolution of the appeal. 2. Extension of Expiration Time Period Except as otherwise provided in Section , Specific Review Procedures, for the particular type of development permit or approval, the UDO Administrator may, on receipt of a written request for extension before the expiration date and on a showing of good cause, grant one or more extensions of the expiration time period for up to a cumulative total of one year. 2-19

42 SPECIFIC REVIEW PROCEDURES ARTICLE PROCEDURES Section Specific Review Procedures Subsection C. Appeal A. PURPOSE AND INTENT This section sets out supplemental procedures, review criteria, and related information for each of the specific review procedures identified in Table B, Specific Review Procedures Summary Table. The standards in this section apply in addition to the procedures set forth in Section , Common Review Procedures. In cases where the standards in this section conflict with the standards in Section , Common Review Procedures, the standards in this section shall control. B. OVERVIEW 1. Development application provisions in this section are organized in alphabetical order in accordance with the sequence of procedures in Table B, Specific Review Procedures Summary Table. 2. Each development application review procedure in this section includes a procedural flowchart that depicts the steps in the review process. White boxes indicate actions of the applicant. Light blue boxes indicate actions of Town staff. Black boxes show quasi-judicial public hearings, and grey boxes show public hearings or public meetings (as appropriate). Boxes with dashed lines show optional steps. C. APPEAL 1. Applicability FIGURE C a. Unless otherwise provided by State law or this Ordinance, APPEAL PROCEDURE this section sets out the procedure and standards for appealing any decision or interpretation by a Town official made pursuant to this Ordinance. Pre-application Conference b. In the event an applicant wishes to appeal a standard outside this Ordinance, or a decision by a staff member not addressed by this Ordinance, the appeal is made to Submit Application the Town Manager in accordance with Town policy, not this appeal procedure. 2. Initiation Completeness Determination An appeal shall be initiated by filing a written notice of appeal with the UDO Administrator within 30 days of the date the UDO Administrator Review written determination or decision being appealed is received by and Comment, as appropriate the applicant (except where otherwise specified in this Ordinance). 3. Appeal Procedure a. Pre-Application Conference Public Hearing scheduled Optional (see Section C, Pre-Application Conference). b. Application Submittal and Acceptance Public notification i. Applicable (see Section F, Application ii. Submittal and Acceptance). The written notice of appeal shall include a statement of the error or improper decision, the date of the decision or interpretation, the grounds for the appeal, and all related support materials. Board of Adjustment Review and Decision Notification of Decision c. Staff Review and Action i. Applicable (see Section G, Staff Review and Action). ii. On accepting a notice of appeal, the UDO Administrator shall transmit to the 2-20

43 ARTICLE PROCEDURES Section Specific Review Procedures Subsection C. Appeal BOA the record of material considered by the decision-maker in making the decision or interpretation. d. Public Notification Applicable (see Section H, Public Notification). e. BOA Review and Decision i. Applicable (see Section L, Review and Action by Decision-making Body, and Section J, Quasi-Judicial Public Hearing Procedures). ii. The BOA, at the conclusion of a quasi-judicial public hearing, shall decide the application for the appeal. iii. The decision shall be based on the competent, material, and substantial evidence in the record of the appeal, as supplemented by arguments presented at the quasi-judicial hearing, and the standards in Section C.4, Appeal Review Standards. iv. The decision shall be one of the following: a). Affirmation of the decision or interpretation (in whole or in part); b). Modification of the decision or interpretation (in whole or in part); or c). Reversal of the decision or interpretation (in whole or in part). v. A vote to reverse or modify a decision or determination shall require approval of a majority of a quorum present at the hearing. vi. Each decision shall be made in writing and reflect the BOA s determination of contested facts and their application to the standards in this Ordinance. vii. The written decision shall be signed by the Chair or other duly authorized member of the BOA. viii. The decision of the BOA shall be effective upon the filing of the written decision. f. Notification of Decision The decision of the BOA shall be delivered by personal service, electronic mail, or by first-class mail to the applicant, the landowner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person providing notification of decision shall certify that proper notification has been made. 4. Appeal Review Standards a. The BOA is limited to the following determinations in considering the appeal, which shall be based on: i. Whether the decision-maker erred in the interpretation of this Ordinance; and ii. Whether the decision-maker erred in determining whether a standard of this Ordinance was met. b. The BOA shall not hear any evidence or make any decision based on hardships or special conditions except as part of an application for a variance. 5. Effect a. An appeal stays all proceedings in furtherance of the action appealed, unless the Town official from whom the appeal is taken certifies to the BOA, after notice of appeal has been filed, that because of facts stated in the certificate a stay would, in the Town official s opinion, cause imminent peril to life or property or because the violation is transitory in nature, a stay would seriously interfere with enforcement of this Ordinance. b. If certification by a Town official is filed, administrative proceedings shall not be stayed except through issuance of a restraining order by a court of competent jurisdiction. c. If the appeal is not stayed, the appellant may file for an expedited hearing of the appeal, and the BOA shall meet to consider the appeal with 15 days of the date the request is filed. 2-21

44 ARTICLE PROCEDURES Section Specific Review Procedures Subsection C. Appeal d. The filing of an appeal prevents the filing of an application for a zoning map amendment or conditional use permit for the same land subject to an appeal application, as well as the filing of a text amendment application by the same party filing the appeal until the appeal application is decided or appealed to the courts. 6. Appeal a. Any decision by the BOA shall be subject to Superior Court of Carteret County review by proceedings in the nature of certiorari. b. Petitions for review must be field with the Clerk of Court within 30 days of the date of the decision is filed in the office of Planning, Zoning, and Inspections. 2-22

45 D. BUILDING PERMIT ARTICLE PROCEDURES Section Specific Review Procedures Subsection D. Building Permit 1. Applicability Unless exempted in accordance with the State Building Code, no construction, addition, alteration, repair, movement to another site, removal, or demolition of any building or structure may occur until a building permit is approved in accordance with the procedures and standards of this section. 2. Building Permit Procedure a. Pre-Application Conference Optional (see Section C, Pre-Application Conference). b. Application Submittal and Acceptance Applicable (see Section F, Application Submittal and Acceptance). c. Staff Review and Action Applicable (see Section G, Staff Review and Action). 3. Building Permit Review Standards A building permit shall be issued if the application complies with: a. The State Building Code; b. The applicable requirements of the County Health Department; c. All standards or conditions of any prior, applicable permits and development approvals; and d. All other applicable requirements of this Ordinance, the Town Code of Ordinances, or State or federal law. 4. Effect Applicable (see Section O, Effect of Development Approval). FIGURE D BUILDING PERMIT PROCEDURE Pre-application Conference Submit Application Completeness Determination Building Inspector Review and Decision Notification of Decision 5. Amendment Amendment of a building permit may only be reviewed and considered in accordance with the procedures and standards established for its original approval. 6. Expiration a. A building permit shall expire and become null and void if the development it authorizes is not commenced within six months of the permit issuance. b. If development authorized by a building permit commences but fails to achieve at least one passing inspection (foundation, footing, framing, mechanical, etc.) for a continuous period of 12 months, the permit shall expire and become null and void. 7. Appeal An appeal of a decision on a building permit may be filed with the North Carolina Commissioner of Insurance, in accordance with Section 160A-434 of the North Carolina General Statutes. 2-23

46 ARTICLE PROCEDURES Section Specific Review Procedures Subsection F. CAMA Minor Permit E. RESERVED F. CAMA MINOR PERMIT 1. Applicability a. This section sets out the procedure and standards for Town review of minor forms of development proposed in an Area of Environmental Concern (AEC) areas in or near the water, near a water FIGURE F supply, beach dunes, marshes, or other areas of CAMA MINOR PERMIT PROCEDURE environmental significance as part of the Coastal Area Management Act (CAMA) of b. CAMA minor permits are required for development proposed in affected areas that occupy less than 20 acres Pre-application Conference and less than 60,000 square feet of structure. Singlefamily homes, docks, shoreline armoring, and similar forms of development are the most common type of Notify Adjacent Owners development required to obtain a CAMA minor permit. c. CAMA general and major permits are decided by the Coastal Resources Commission (CRC), not the Town. Submit Application 2. CAMA Minor Permit Procedure a. Pre-Application Conference Completeness Determination Optional (see Section C, Pre-Application Conference). b. Adjacent Owner Notification Applicants for a CAMA minor permit shall notify all adjacent landowners who own riparian (or waterfront) property that an application for a CAMA minor permit has been filed. c. Application Submittal and Acceptance UDO Administrator Review and Decision Notification of Decision i. Applicable (see Section F, Application Submittal and Acceptance). ii. The application shall be on a form adopted by the CRC. d. Staff Review and Action i. Applicable (see Section G, Staff Review and Action). ii. Upon receipt of an application, the UDO Administrator shall forward a copy to the NC Department of Environmental Quality (DEQ). iii. The UDO Administrator shall decide an application within 25 days of the date it is deemed complete. The UDO Administrator may request, and shall be granted one additional 25-day period to make a decision when the complexity of the application requires such evaluation. The applicant shall be notified via certified mail in cases where an extension is required. iv. Failure of the UDO Administrator to make a decision within the time allotted shall be deemed an approval. 3. CAMA Minor Permit Review Standards A CAMA minor permit shall be issued if the application complies with: a. All applicable standards for development in an AEC found in the North Carolina Administrative Code (Sections 15A NCAC 7H or ); b. Sections 113A-120(a)(1-10) of the North Carolina General Statutes; c. Applicable Land Use Plan policy guidance; and d. Any applicable local development regulations. 4. Effect 2-24

47 ARTICLE PROCEDURES Section Specific Review Procedures Subsection F. CAMA Minor Permit a. Applicable (see Section O, Effect of Development Approval). b. The applicant shall display the CAMA minor permit approval in full view on the site where development is taking place. 5. Amendment Amendment of a CAMA minor permit may only be reviewed and considered in accordance with the procedures and standards established for its original approval. 6. Expiration Applicable (see Section T, Expiration of Permit or Development Approval). 7. Appeal a. An appeal of a decision on a CAMA minor permit may be filed with the Coastal Resources Commission within 20 days of the date of the permit decision. b. No action subject to a CAMA minor permit shall take place while an appeal of the UDO Administrator s decision is pending. 2-25

48 G. CERTIFICATE OF OCCUPANCY ARTICLE PROCEDURES Section Specific Review Procedures Subsection G. Certificate of Occupancy 1. Applicability No land, newly erected building or structure, or existing building or structure that has been moved or enlarged or changed in use shall be occupied or used until a certificate of occupancy is approved and issued in accordance with this section, certifying that the land, building, or structure, and its use complies with this Ordinance and the applicable standards of the State Building Code. 2. Certificate of Occupancy Procedure a. Pre-Application Conference Optional (see Section C, Pre-Application Conference). b. Application Submittal and Acceptance Applicable (see Section F, Application Submittal and Acceptance). c. Staff Review and Action Applicable (see Section G, Staff Review and Action). 3. Certificate of Occupancy Review Standards A certificate of occupancy shall be approved if the land, building, structure, or proposed use complies with: a. All relevant standards of this Ordinance; b. Any other applicable Town requirements; c. All applicable conditions of approval; and d. The applicable State Building Code requirements. FIGURE G CERTIFICATE OF OCCUPANCY PROCEDURE Pre-application Conference Submit Application Completeness Determination Building Inspector Review and Decision Notification of Decision 4. Effect Approval of a certificate of occupancy allows a building, structure, or site to be occupied or used in accordance with the approved purpose. 5. Performance Guarantee The Building Inspector may require the applicant to submit a performance guarantee (see Section , Performance Guarantees) in an amount necessary to ensure that any work not completed as specified in the development permit or approval will be completed within the specified timeframe for a certificate of occupancy. 6. Temporary Certificate of Occupancy A temporary certificate of occupancy may be issued by the Building Inspector prior to the completion of all construction or changes if occupancy will not violate any health or safety considerations of any applicable codes. a. The Building Inspector shall specify the duration of the temporary certificate of occupancy, which shall not exceed 90 days. b. If all remaining work is not completed within the specified timeframe of the temporary certificate of occupancy, the Building Inspector shall order the applicant to cease occupancy immediately. 7. Amendment Amendment of a certificate of occupancy may only be reviewed and considered in accordance with the procedures and standards established for its original approval. 8. Appeal a. Appeals may be filed in accordance with the procedure in Section C, Appeal. b. An appeal pertaining to a State Building Code issue shall be filed with to the North Carolina Commissioner of Insurance in accordance with Section 160A-434 of the North Carolina General Statutes. 2-26

49 ARTICLE PROCEDURES Section Specific Review Procedures Subsection H. Conditional Use Permit H. CONDITIONAL USE PERMIT 1. Applicability Uses identified as requiring a conditional use permit in Table G, Principal Use Table, shall only be approved as a conditional use permit in accordance with the procedures and standards of this section. A conditional use permit is a use that may be appropriate in a zoning district, but because of its nature, extent, and external effects, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. 2. Conditional Use Permit Procedure FIGURE H a. Pre-Application Conference CONDITIONAL USE PERMIT PROCEDURE Optional (see Section C, Pre-Application Conference). b. Neighborhood Meeting Optional (see Section D, Neighborhood Meeting). Pre-application Conference c. Application Submittal and Acceptance Neighborhood Meeting i. Applicable (see Section F, Application Submittal and Acceptance). ii. An application shall be submitted only by the landowner(s), and shall include a site plan. Submit Application d. Staff Review and Action i. Applicable (see Section G, Staff Review and Action). Completeness Determination ii. The UDO Administrator shall prepare a staff report and provide a recommendation on whether UDO Administrator Review and Recommendation or not the application complies with the requirements in this Ordinance. In cases where the application does not comply, the staff report may identify ways in which the application could be modified to comply. Public Hearing scheduled e. Public Notification Applicable (see Section H, Public Notification). f. Review and Action by Decision-making Body Public notification i. Applicable (see Section L, Review and Action by Decision-making Body, and Section Board of Adjustment Review J, Quasi-Judicial Public Hearing and Decision Procedure). ii. The BOA, after the conclusion of a quasi-judicial public hearing, shall decide the application in accordance with Section H.3, Conditional Notification of Decision Use Permit Review Standards. The decision shall be the one of the following: a). Approval of the conditional use permit as proposed; b). Approval of a revised conditional use permit; or c). Denial of the conditional use permit. 3. Conditional Use Permit Review Standards A conditional use permit shall be approved if the applicant demonstrates the proposed conditional use: a. Will not materially endanger the public health or safety if located where proposed; b. Complies with all required standards, conditions, and specifications of this Ordinance, 2-27

50 ARTICLE PROCEDURES Section Specific Review Procedures Subsection H. Conditional Use Permit including Article 18-4: Use Standards; c. Will not substantially injure the value of the abutting land, or the conditional use is a public necessity; d. Will be in harmony with the area in which it is to be located; and e. Is in general conformity with the Town s adopted policy guidance. 4. Conditions of Approval Applicable (see Section M, Conditions of Approval). 5. Effect a. Applicable (see Section O, Effect of Development Approval). b. A conditional use permit and the associated site plan approval are perpetually binding and run with the land, unless amended. c. An action invalidating a condition of approval for any reason shall render the conditional use permit null and void. 6. Amendment a. Minor Changes i. The BOA may approve a minor change to a conditional use permit requested by the applicant without a public hearing, upon receipt of a report from the TRC on the proposed minor change. ii. A minor change includes changes to conditions of a conditional use permit or associated site plan which will result in equal or better performance of the conditions and that do not alter the objectives and purposes of the conditional use. iii. In granting a minor change, the BOA may require such conditions as will address the objectives of the requirements or conditions changed. b. Material Changes are Amendments i. Material changes to a conditional use permit or to an associated site plan that alter the objectives and purposes of the requirements or conditions of the conditional use constitute an amendment to the conditional use permit. ii. An amendment includes but is not limited to: a). Boundary changes; b). Use changes; and c). Increases in density or intensity of development. iii. Amendments of a conditional use permit may only be reviewed and considered in accordance with the procedures and standards established for its original approval. 7. Expiration a. Unless otherwise stated in the conditional use permit approval, a conditional use shall expire and become null and void 18 months after the date of issuance if an initial inspection for the development approved has not been passed or an applicant has not requested an extension. b. If development approved with a conditional use permit is discontinued for a period exceeding 12 months, or if a conditional use is replaced by a use otherwise permitted by-right in the zoning district, the conditional use permit approval is deemed abandoned and the approval is null and void. 8. Appeal a. Any decision by the BOA shall be subject to Superior Court of Carteret County review by proceedings in the nature of certiorari. b. Petitions for review must be field with the Clerk of Court within 30 days of the date of the decision is filed in the office of Planning, Zoning, and Inspections. 2-28

51 ARTICLE PROCEDURES Section Specific Review Procedures Subsection I. Development Agreements I. DEVELOPMENT AGREEMENTS 1. Applicability In order to provide more regulatory certainty, establish a schedule for development, coordinate the provision of public facilities, and improve management of environmentally sensitive lands, the Town Council may enter into a development agreement with a developer, subject to Section 160A-400 of the North Carolina General Statutes, and the provisions of this section. In entering into a development agreement the Town may not exercise any authority or make any commitment that is unauthorized by general or local act, and may not impose any unauthorized tax or fee. 2. Development Agreement Procedure a. Pre-Application Conference Applicable (see Section C, Pre-Application Conference). b. Application Submittal and Acceptance Applicable (see Section F, Application Submittal and Acceptance). c. Staff Review and Action i. Applicable (see Section G, Staff Review and Action). ii. The UDO Administrator shall prepare a staff report in accordance with Section I.3, Development Agreement Review Standards. d. Public Notification Applicable (see Section H, Public Notification). e. Review and Action by Decision-making Body i. Applicable (see Section L, Review and Action by Decision-making Body). ii. The Town Council, after the conclusion of a public hearing, shall decide the application in accordance with Section I.3, Development Agreement Review Standards. iii. The action taken shall be one of the following: a). Enter into the development agreement, as submitted; b). writing by the developer; or c). Not enter into the development agreement. FIGURE I DEVELOPMENT AGREEMENT PROCEDURE Pre-application Conference Submit Application Completeness Determination UDO Administrator Review Public Hearing Scheduled Public Notification Planning Board Review and Recommendation Town Council Review and Decision Notification of Decision Enter into the development agreement, subject to changes agreed to in f. Recordation Within 14 days after entering into a development agreement, the applicant shall record the agreement in the office of the Register of Deeds for Carteret County. 3. Development Agreement Review Standards For consideration of the Town to participate in a development agreement, a development subject to the agreement must: a. Comply with the requirements in Section 160A through Section of the North Carolina General Statutes; b. Indicate proposed phasing; and 2-29

52 ARTICLE PROCEDURES Section Specific Review Procedures Subsection I. Development Agreements c. Demonstrate the impact on existing and future provisions of capital improvements by the Town, including at least one of the following: transportation, potable water, solid waste, stormwater management, parks and recreation, and health systems and facilities. 4. Effect a. Burdens and Benefits The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. b. Rights and Obligations Rights and obligations established by a development agreement shall not preclude or supersede rights and obligations established pursuant to other law regarding building permits, site specific development plans, phased development plans, or other provisions of law. c. Building and Housing Code A development agreement shall not exempt the property landowner or developer from compliance with the State Building Code or applicable Minimum Housing Code. d. Identify Subsequently Enacted Laws Unless the development agreement specifically provides for the application of subsequently enacted laws, the laws applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement. e. Application of Subsequently Adopted Laws Except for grounds specified in Section 160A-385.1(e) of the North Carolina General Statutes, the Town may not apply subsequently adopted ordinances or development policies to a development that is subject to a development agreement. f. Change in State or Federal Law If state or federal law is changed after a development agreement has been entered into and the change prevents or precludes compliance with one or more provisions of the development agreement, the Town, by ordinance after notice and a hearing, may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the development agreement. g. Vested Rights This Ordinance does not abrogate any rights preserved by Sections 160A-385 or 160A of the North Carolina General Statutes, or that may vest pursuant to common law or otherwise in the absence of a development agreement. 5. Approval of Debt If any of the obligations of the Town in the development agreement constitute debt, the Town shall comply, at the time of the obligation to incur the debt and before the debt becomes enforceable against the Town, with any applicable constitutional and statutory procedures for the approval of the debt. The agreement shall be signed by the Town Manager, Town Attorney, and the Town Clerk. 6. Periodic Review and Breach of Agreement a. Annual Review During any period of time in which a permit or development approval subject to a development agreement is active, the UDO Administrator shall review the development at least once every year for compliance with the agreement and file a report with the Town Council. The developer must demonstrate good faith compliance with the terms of the development agreement. Failure to meet a commencement or completion date specified in the development agreement shall not, in and of itself, constitute a material 2-30

53 ARTICLE PROCEDURES Section Specific Review Procedures Subsection I. Development Agreements breach of the agreement, but must be judged based upon the totality of the circumstances. b. Material Breach If the Town Council finds and determines that the developer has committed a material breach of the terms or conditions of the development agreement, the Town Attorney shall serve written notice of the breach upon the developer within a reasonable time after the periodic review. Such notice shall set forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and shall provide the developer a reasonable time in which to cure the material breach. c. Failure to Cure Material Breach If the developer fails to cure the material breach within the time given, then the Town Council may unilaterally terminate or modify the development agreement, provided that notice of termination or modification may be appealed to the BOA in accordance with Section 160A-388(b) of the North Carolina General Statutes. 7. Amendment a. Mutual Consent A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest. b. Material Changes are Amendments Consideration of a proposed material change of a development agreement beyond the scope of a minor change shall be reviewed and considered in accordance with the procedures and standards established for the original approval of a development agreement. 2-31

54 ARTICLE PROCEDURES Section Specific Review Procedures Subsection K. Floodplain Development Permit J. RESERVED K. FLOODPLAIN DEVELOPMENT PERMIT 1. Applicability To reduce the potential for damage to land and life from flooding or floodwaters, development proposed on land in a special flood hazard area within the Town s zoning jurisdiction shall obtain a floodplain development permit in accordance with this section prior to or concurrent with an application for a site plan, building permit, or zoning permit, as appropriate. 2. Floodplain Development Permit Procedure a. Pre-Application Conference Optional (see Section C, Pre-Application Conference). b. Application Submittal and Acceptance Applicable (see Section F, Application Submittal and Acceptance). c. Staff Review and Action i. Applicable (see Section G, Staff Review and Action). ii. The Floodplain Administrator shall review and decide the application in accordance with Section K.3, Floodplain Development Permit Review Standards. FIGURE K FLOODPLAIN DEVELOPMENT PERMIT PROCEDURE Pre-application Conference Submit Application Completeness Determination Floodplain Administrator Review and Decision Notification of Decision 3. Floodplain Development Permit Review Standards A floodplain development permit shall be approved if the application complies with the following: a. The permit is issued prior to the commencement of development; and b. The development complies with all applicable standards in Section , Flood Damage Prevention. 4. Effect Approval of a floodplain development permit authorizes an applicant to obtain all required elevation certificates or other required certificates and proceed with development following issuance of a building permit. 5. Amendment Amendment of a floodplain development permit approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval. 6. Expiration A floodplain development permit shall expire and become null and void if the development it authorizes is not commenced within six months of permit issuance. 7. Appeal Appeals may be filed in accordance with the procedure in Section C, Appeal. 2-32

55 L. INTERPRETATION ARTICLE PROCEDURES Section Specific Review Procedures Subsection L. Interpretation 1. Applicability The UDO Administrator is responsible for written interpretations of all provisions of this Ordinance, including, but not limited to: a. Interpretations of the meaning of the text; b. Interpretations of the zoning district boundaries on the Official Zoning Map; c. Interpretations of whether an unlisted use in Table G, Principal Use Table, is comparable to a listed use or not, and should be allowed in a zoning district or prohibited in that district; and d. Interpretations of compliance with a condition of approval. 2. Interpretation Procedure a. Pre-Application Conference Optional (see Section C, Pre-Application Conference). b. Application Submittal and Acceptance i. Applicable (see Section F, Application Submittal and Acceptance). ii. An application for a formal written interpretation may be initiated by any person having an interest in the matter in question. c. Staff Review and Action i. Applicable (see Section G, Staff Review and Action). ii. The UDO Administrator shall review the request and make interpretations in accordance with Section L.3, Interpretation Review Standards. iii. The UDO Administrator may request additional information as necessary to make an interpretation. iv. Prior to rendering an interpretation, the UDO Administrator may consult with the Town Attorney and other affected Town officials. 3. Interpretation Review Standards a. Zoning District Map Boundaries Interpretation of zoning district boundaries on the Official Zoning Map shall be in accordance with the standards in Section D.4, Interpretation of Official Map Boundaries, and consistent with the Town s adopted policy guidance. b. Unlisted Uses Interpretation of whether an unlisted use is similar to a use identified in Table G, Principal Use Table, may consider consistency with the Town s adopted policy guidance and the following standards: i. The function, product, or physical characteristics of the use; ii. The impact on adjacent lands created by the use; iii. iv. The type, size, and nature of buildings and structures associated with the use; The type of sales (retail, wholesale), and the size and type of items sold and displayed on the premises; v. The types of items stored (such as vehicles, inventory, merchandise, chemicals, construction materials, scrap and junk, and raw materials including liquids and powders); 2-33 FIGURE L INTERPRETATION PROCEDURE Pre-application Conference Submit Application Completeness Determination UDO Administrator Review and Decision Notification

56 ARTICLE PROCEDURES Section Specific Review Procedures Subsection L. Interpretation vi. The volume and type of vehicle traffic generated by the use, and the parking demands of the use; vii. Any processing associated with the use, including assembly, manufacturing, warehousing, shipping, distribution, and whether it occurs inside or outside a building; viii. How the use is treated in the North American Industrial Classification System (NAICS) manual; ix. Any dangerous, hazardous, toxic, or explosive materials associated with the use; x. The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation, and fumes; and xi. Any prior interpretations made by the UDO Administrator or decisions made by the BOA. c. Text Provisions Interpretation of the text and its application shall be based on the standards in Section , Rules of Language Construction. 4. Effect a. General i. A written interpretation shall be binding on subsequent decisions by the UDO Administrator or other administrative officials in applying the same provision of this Ordinance or the Official Zoning Map in the same circumstance, unless the interpretation is modified in accordance with this section, the interpretation is later determined to have been made in error, or the text of this Ordinance is amended. ii. The UDO Administrator shall maintain a record of written interpretations that shall be available in the Planning, Zoning, and Inspections Department for public inspection, on reasonable request, during normal business hours. b. Approval of Unlisted Use i. After the UDO Administrator determines the use category or use type in which the unlisted use is best classified, then the unlisted use shall be subject to all applicable requirements of that use category or use type. ii. After making an interpretation of an unlisted use, the UDO Administrator shall determine whether the unlisted use is likely to be common or recur frequently, and whether its omission is likely to lead to uncertainty and confusion. On determining that the unlisted use is likely to be common and would lead to confusion if unlisted, the UDO Administrator shall initiate an application for a text amendment. Until final action is taken on the text amendment, the UDO Administrator s decision shall be binding. iii. If after making an interpretation of an unlisted use, the UDO Administrator determines that the unlisted use is of an unusual or transitory nature, and unlikely to recur frequently, the determination shall be binding without further action or amendment of this Ordinance. 5. Appeal Appeals may be filed in accordance with the procedure in Section C, Appeal. 2-34

57 ARTICLE PROCEDURES Section Specific Review Procedures Subsection N. Land Disturbance Permit M. RESERVED N. LAND DISTURBANCE PERMIT 1. Applicability In order to avoid groundwater contamination, sediment accumulation in drainage conveyances and surface waters, and unnecessary loss of erodible soils, landdisturbing activities require approval of a land disturbance permit in accordance with this section, prior to commencement. For the purposes of this section, land disturbing activities include, but are not limited the following: a. Excavation or movement of sand or soil in an amount exceeding 100 square feet; b. Deposition of soil or fill material in a manner that raises the ground elevation by more than five inches generally or more than three inches within three feet of a lot line; c. Installation, repair, or removal of underground equipment such as a well, wastewater treatment system, irrigation, or stormwater retention device; d. Installation of a wall or edging material that will obstruct the flow of stormwater between lot lines; or e. Shoreline stabilization in any form. 2. Exemptions The following activities are exempted from the requirement to obtain a land disturbance permit: a. Land disturbing activities subject to permit approval by the North Carolina Department of Environmental Quality; b. Gardening; c. Installation, removal, or maintenance of landscaping material, provided it does not increase the ground elevation by more than three inches within three feet of a lot line; or FIGURE N LAND DISTURBANCE PERMIT PROCEDURE Pre-application Conference Submit Application Completeness Determination Building Inspector Review and Decision Notification of Decision Posting of Approval During Land Disturbance d. Construction or development activity conducted in accordance with an approved Building or Zoning Permit. 3. Land Disturbance Permit Procedure a. Pre-Application Conference Optional (see Section C, Pre-Application Conference). b. Application Submittal and Acceptance Applicable (see Section F, Application Submittal and Acceptance). c. Staff Review and Action i. Applicable (see Section G, Staff Review and Action). ii. The Building Inspector shall review and decide the application in accordance with Section N.4, Land Disturbance Permit Review Standards. 4. Land Disturbance Permit Review Standards A land disturbance permit shall be approved, provided the: a. Land disturbance shall not result in accelerated stormwater runoff leaving the site; b. Activity requiring a land disturbance permit shall not cause sediment, trash, debris or other material to leave the site subject to the permit; c. Disturbed land shall be stabilized by vegetation, mulching, sodding, or other approved means no later than 21 days after the land disturbing activity takes place. 2-35

58 ARTICLE PROCEDURES Section Specific Review Procedures Subsection N. Land Disturbance Permit 5. Effect a. Applicable (see Section O, Effect of Development Approval). b. The applicant shall post the approved land disturbance permit in a prominent location on the site where the land disturbance is occurring at all times while it is in effect. 6. Amendment Amendment of a land disturbance permit may only be reviewed and considered in accordance with the procedures and standards established for its original approval. 7. Expiration The land disturbance permit shall be null and void if work authorized is not completed within one year from the issuance of the permit. 8. Appeal Appeals may be filed in accordance with the procedure in Section C, Appeal. 2-36

59 O. RIGHT-OF-WAY ENCROACHMENT ARTICLE PROCEDURES Section Specific Review Procedures Subsection O. Right-of-Way Encroachment 1. Applicability This section establishes the procedure for review of non-permanent encroachments into the public right-of-way, including buildings, structures, or site features. 2. Encroachment Review Procedure a. Pre-Application Conference Optional (see Section C, Pre-Application Conference). b. Application Submittal and Acceptance i. Applicable (see Section F, Application Submittal and Acceptance). ii. An application shall include: a). A detailed explanation of why the applicant cannot make reasonable use of their property without the requested encroachment; b). A survey prepared by a professional engineer showing the location and size of the encroachment; and c). A description of any public infrastructure which must be relocated. c. Staff Review and Action i. Applicable (see Section G, Staff Review and Action). ii. The UDO Administrator shall prepare a staff report and provide a recommendation on whether or not the application complies with the requirements in this Ordinance. In cases where the application does not comply, the staff report may identify ways in which the application could be modified to comply. iii. The staff report shall include review comments (if any) by the Town personnel responsible for public works and emergency services provision. d. Public Notification Applicable (see Section H, Public Notification). e. Review and Action by Decision-making Body i. Applicable (see Section L, Review and Action by Decision-making Body), and Section ii. FIGURE O CONDITIONAL USE PERMIT PROCEDURE Pre-application Conference Submit Application Completeness Determination Staff Review and Recommendation Public Hearing scheduled Public notification Town Council Decision Encroachment Agreement Executed Recordation J, Quasi-Judicial Public Hearing Procedures). The Town Council, after the conclusion of a quasi-judicial public hearing, shall decide the application in accordance with Section O.3, Right-of-Way Encroachment Review Standards. The decision shall be the one of the following: a). Approval of the encroachment as proposed; b). Approval of a revised encroachment; or c). Denial of the encroachment. 3. Right-of-Way Encroachment Review Standards A right-of-way encroachment shall be approved if the applicant demonstrates the proposed encroachment: 2-37

60 ARTICLE PROCEDURES Section Specific Review Procedures Subsection O. Right-of-Way Encroachment a. Is necessary for the applicant's reasonable use of their property and no reasonable alternative is available; b. Will not interfere with the public's use of the affected right(s)-of-way and is not in violation of any State, federal, or local regulation; and c. Will not interfere with any Town service or service from any public service company, including without limitation: provision of water, sewer, electricity, telephone, cable, drainage, garbage collection, or emergency services. 4. Encroachment Agreement Required a. Approval of a right-of-way encroachment shall require execution of an encroachment agreement between the Town and an applicant in accordance with the following: i. The Town Council may require any conditions of approval necessary for the protection of the public's continued and unobstructed use of the right(s)-of-way to be included within the encroachment agreement. ii. The encroachment agreement shall not be deemed effective until such time as the applicant records a copy with the Carteret County Register of Deeds and returns a recorded copy of the agreement to the Town Clerk. b. Execution of an encroachment agreement is terminable at will and does not create a property interest. 5. Relocation of Public Infrastructure a. In the event approval of a right-of-way encroachment results in the need to relocate any public infratructure, the encroachment agreement shall be subject to a performance guarantee for the relocation. b. The performance guarantee shall provide for the completion of all relocation activities within one year of the date of approval of the encroachment and shall be in an amount equal to 125 percent the estimated cost of such relocation, including the cost of restoring the right-of-way to its original or better condition and to the satisfaction of the Town. 6. Effect Applicable (see Section O, Effect of Development Approval). 7. Removal May be Required a. In the event the Town requires the applicant, or the applicant's heirs, successors, or assigns, to remove the right-of-way encroachment, its removal shall take place within 30 days of the Town's notice to do so. b. In no event shall the Town be required to provide a reason for such removal, though one may be provided. c. Right-of-way encroachment removal shall take place without expense to the Town. d. If removal is not completed within 30 days of notice from the Town, the Town may remove the encroachment and restore the right-of-way to its original or better condition and recover the costs incurred from the applicant, and the applicant's heirs, successors, or assigns. 8. Appeal Appeals may be filed in accordance with the procedure in Section C, Appeal. 2-38

61 P. SIGN PERMIT ARTICLE PROCEDURES Section Specific Review Procedures Subsection P. Sign Permit 1. Applicability All signs, unless exempted in accordance with Section , Signage, shall obtain a sign permit in accordance with this section before being erected, replaced, relocated, or altered. 2. Sign Permit Procedure a. Pre-Application Conference Optional (see Section C, Pre-Application Conference). b. Application Submittal and Acceptance Applicable (see Section F, Application Submittal and Acceptance). c. Staff Review and Action i. Applicable (see Section G, Staff Review and Action). ii. The UDO Administrator shall review and decide the application in accordance with Section P.3, Sign Permit Review Standards. 3. Sign Permit Review Standards A sign permit shall be approved if the application complies with: a. The standards in Section , Signage; b. The State Building Code; c. All standards or conditions of any prior applicable permits and developments approvals; and d. All other applicable requirements of this Ordinance and the Town Code of Ordinances. 4. Effect Applicable (see Section O, Effect of Development Approval). FIGURE P SIGN PERMIT PROCEDURE Pre-application Conference Submit Application Completeness Determination UDO Administrator Review and Decision Notification of Decision 5. Amendment Amendment of a sign permit may only be reviewed and considered in accordance with the procedures and standards established for its original approval. 6. Expiration If the work authorized by a sign permit is not commenced within six months from the date of issuance, the permit shall become null and void. 7. Appeal Appeals may be filed in accordance with the procedure in Section C, Appeal. 2-39

62 Q. SITE PLAN (MAJOR/MINOR) ARTICLE PROCEDURES Section Specific Review Procedures Subsection Q. Site Plan (Major/Minor) 1. Applicability Site plan review shall be required for any development activity that includes constructing a building or increasing the amount of impervious surface other than those forms of development listed in Section Q.2, Exemptions from Site Plan Requirements. 2. Exemptions from Site Plan Requirements The following forms of development are not required to obtain site plan approval but are subject to the requirements for a zoning permit (see Section Z, Zoning Permit), or building permit (see Section D, Building Permit): a. Construction of a single-family detached home on an individual lot except in the Residential Conservation (RCN) district; b. Establishment of an accessory use or structure; c. Enlargements of existing principal structures by up to 20 percent of the total gross floor area, provided the enlargement does not result in a need for additional parking spaces or landscaping; and d. Changes of use that do not result in increased lot coverage, the need for additional parking spaces, or additional landscaping. 3. Site Plans Distinguished a. Major Site Plan A major site plan shall be required for the following types of development: i. Residential developments greater than four units; ii. Residential developments involving two or more principal structures on an individual lot; iii. Nonresidential developments greater than 2,500 square feet of gross floor area; iv. Manufactured home park developments; v. Recreational vehicle park developments; vi. Nonresidential development within the CIR and COR districts; vii. Townhouse, duplex, triplex, quadplex, multifamily, manufactured home, or upper-story residential development within the CIR and COR districts; and viii. Any form of development not exempted from site plan review or reviewed as a minor site plan. b. Minor Site Plan A minor site plan approval shall be required for the following forms of development: i. Development of a duplex on an individual ii. platted lot; Development of a triplex or a quadplex on an individual platted lot; and FIGURE Q.4 MAJOR SITE PLAN PROCEDURE Pre-application Conference Neighborhood Meeting Submit Application Completeness Determination Public Hearing Scheduled Public Notification Concept Proposal Public Hearing Application Revision TRC Review and Decision Notification of Decision iii. Nonresidential development of less than 2,500 square feet of gross floor area located outside the CIR or COR zoning districts. 2-40

63 ARTICLE PROCEDURES Section Specific Review Procedures Subsection Q. Site Plan (Major/Minor) 4. Major Site Plan Procedure Review of a major site plan shall consist of two phases. Phase I is the review and comment on a concept proposal by the Town Council and Planning Board at a public hearing conducted for that purpose. Phase II is the preparation of a detailed major site plan for review and decision by the TRC. a. Pre-Application Conference Applicable (see Section C, Pre-Application Conference). b. Neighborhood Meeting Optional (see Section D, Neighborhood Meeting). c. Application Submittal and Acceptance i. Applicable (see Section F, Application Submittal and Acceptance), except that application submittal shall be organized into two phases. Phase I includes the site plan application form and concept proposal. Phase II includes the detailed major site plan and associated materials. ii. If a land disturbance plan is required, it shall be submitted concurrently with the Phase II application materials. iii. The concept proposal shall include, at a minimum, the following materials: a). A written description of the proposed development, including detail on density, number of units, floor area, lot coverage, and the configuration of site features such as required parking, landscaping, exterior lighting and other features required in Article 18-5: Development Standards; b). A description of how the development will comply with the standards in Article 18-6: Environment; c). A preliminary or concept-level sketch of the proposed development site showing lot lines, required setbacks, proposed building outlines, and generalized site configuration features like required parking, landscaping, fences and walls, solid waste collection and service areas, and a description of adjacent development; d). Preliminary or conceptual building elevations of proposed structures as seen from the right-of-way, the waterfront (if adjacent), and any adjacent development; and e). A basic description of primary exterior materials and material configurations proposed for principal buildings in the development. d. Public Notification Applicable (see Section H, Public Notification). e. Concept Proposal Public i. Prior to initial review by Town staff, the Planning Board and Town Council shall conduct a joint public hearing to review and comment on the concept proposal associated major site plan application. A decision on the application shall not be made during the concept proposal hearing, though members of the Town Council or Planning Board may comment on the proposal. ii. Public comment provided during a concept proposal public hearing shall be limited to whether or not the concept proposal does or does not comply with the Ordinance requirements. iii. An applicant for a major site plan may choose to address the comments received during the concept proposal hearing in the Phase II application materials. f. Staff Review and Action i. Applicable (see Section G, Staff Review and Action). 2-41

64 ii. 5. Minor Site Plan Procedure ARTICLE PROCEDURES Section Specific Review Procedures Subsection R. Reserved The TRC shall review and decide the application in accordance with Section Q.6, Site Plan Review Standards. a. Pre-Application Conference Optional (see Section C, Pre-Application Conference). b. Application Submittal and Acceptance Pre-application Conference i. Applicable (see Section F, Application Submittal and Acceptance). ii. If a land disturbance plan is required, it shall be submitted concurrently with the site plan application. Submit Application c. Staff Review and Action Completeness Determination i. Applicable (see Section G, Staff Review and Action). ii. The TRC shall review and decide the TRC Review and Decision application in accordance with Section Q.6, Site Plan Review Standards. 6. Site Plan Review Standards Notification of Decision A site plan shall be approved if the application complies with: a. All standards or conditions of any prior applicable permits and development approvals; and b. All applicable requirements of this Ordinance, the Town Code of Ordinances, and State and federal laws. 7. Effect Approval of a site plan authorizes the submittal of construction plans, if applicable, and the submittal of an application for a building permit in accordance with Section D, Building Permit, or a zoning permit is accordance with Section Z, Zoning Permit. 8. Amendment Amendment of a site plan approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval 9. Expiration Site plan approval shall expire and become null and void if the development approved in the site plan does not begin within 18 months of issuance of the site plan approval. 10. Appeal Appeals of a decision on a minor site plan application may be filed in accordance with the procedure in Section C, Appeal. R. RESERVED FIGURE Q.5 MINOR SITE PLAN PROCEDURE 2-42

65 S. SUBDIVISION, MAJOR ARTICLE PROCEDURES Section Specific Review Procedures Subsection S. Subdivision, Major 1. Subdivisions Distinguished Subdivisions of land are classified as major subdivisions and minor subdivisions. Minor subdivisions are subdivisions of land into five or fewer lots with no associated extension of public streets or public infrastructure. Subdivisions creating six or more lots from a parent parcel in existence on August 28, 2017 or subdivisions of any size that include new public streets or the extension of public infrastructure are major subdivisions. Major subdivisions are reviewed in two steps: a preliminary plat and a final plat. Minor subdivisions only require review of a final plat. 2. Applicability Unless exempted in accordance with Section 160A-376 of the North Carolina General Statutes, all divisions of land including six or more lots, including new streets, or extension of public infrastructure, shall comply with the provisions of this section. 3. Preliminary Plat a. Preliminary Plat Review Procedure i. Pre-Application Conference Applicable (see Section C, Pre- Application Conference). ii. Neighborhood Meeting Optional (see Section D, Neighborhood Meeting). iii. Application Submittal and Acceptance a). Applicable (see Section F, Application Submittal and Acceptance). b). A preliminary plat shall be prepared by a licensed professional surveyor, registered professional landscape architect, or licensed professional engineer. iv. Public Notification Applicable (see Section H, Public Notification). v. Concept Proposal Public vi. vii. a). Prior to initial review by Town staff, the Planning Board and Town Council shall conduct a joint public hearing to review and comment on the preliminary plat application. A decision on the application shall not be made during the concept proposal hearing. b). An applicant for a preliminary plat may choose to revise the application in accordance with the comments received during the concept proposal hearing. Staff Review and Action a). Applicable (see Section G, Staff Review and Action). b). The TRC shall prepare a staff report and provide a recommendation in accordance with Section S.3.b, Preliminary Plat Review Standards. Review and Decision by Decision-making Body a). Applicable (see Section L, Review and Action by Decision FIGURE S.3 PRELIMINARY PLAT PROCEDURE Pre-Application Conference Neighborhood Meeting Submit Application Completeness Determination Public Notification Concept Proposal Hearing TRC Review and Recommendation Planning Board Review and Decision Notification of Decision

66 ARTICLE PROCEDURES Section Specific Review Procedures Subsection S. Subdivision, Major making Body). b). During a regular meeting, the Planning Board shall review and decide the application in accordance with Section S.3.b, Preliminary Plat Review Standards. The decision shall be the one of the following: i). Approval of the preliminary plat as proposed; ii). Approval of a revised preliminary plat; or iii). Denial of the preliminary plat. c). Any conditions of approval shall meet or exceed the minimum requirements of this Ordinance. b. Preliminary Plat Review Standards i. An application for a preliminary plat shall be approved if the application complies with: a). All applicable standards in Article 18-7: Subdivisions; b). All standards or conditions of any prior applicable permits and development approvals; and c). All other applicable requirements of this Ordinance and in the Town Code of Ordinances. ii. In cases where land subject to a preliminary plat is located within an AEC, lots shall be configured to allow the placement of structures without altering frontal dunes. Approved preliminary plats shall bear a certification from the Town certifying compliance with all AEC requirements. c. Effect Approval of a preliminary plat authorizes the submittal of construction plans and/or a final plat. d. Amendment Amendment of a preliminary plat approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval. e. Expiration An approved preliminary plat shall be valid for two years from the date of approval. f. Appeal Appeals may be filed in accordance with the procedure in Section C, Appeal. 4. Final Plat a. Applicability A final plat, reviewed and approved in accordance with this section, shall be required for all subdivisions of land required to obtain a preliminary plat under this Ordinance. A landowner shall not submit an application for final plat review until a preliminary plat is approved and all required improvements serving the subdivision are installed and inspected by the Town, or the developer provides a performance guarantee in accordance with Section , Performance Guarantees. b. Final Plat Review Procedure i. Pre-Application Conference Applicable (see Section C, Pre- Application Conference). FIGURE S.4 FINAL PLAT PROCEDURE Pre-Application Conference Submit Application Completeness Determination TRC Review and Decision Notification of Decision ii. Application Submittal and Acceptance Recordation 2-44

67 iii. ARTICLE PROCEDURES Section Specific Review Procedures Subsection S. Subdivision, Major Applicable (see Section F, Application Submittal and Acceptance). Staff Review and Action a). b). Applicable (see Section G, Staff Review and Action). The TRC shall review and decide the application in accordance with Section S.4.c, Final Plat Review Standards. iv. Recordation Once a final plat is approved, a signed statement by the UDO Administrator shall be entered on the face of the plat. The final plat may not be recorded without this certification. Failure to record the final plat in accordance with Section S.4.f, Expiration, shall render the plat null and void. c. Final Plat Review Standards A final plat shall be approved if the application complies with the following: i. The final plat is prepared and sealed by a licensed professional land surveyor or professional engineer. ii. The final plat is in substantial conformance with the preliminary plat and all applicable requirements in Article 18-7: Subdivisions; iii. All required improvements depicted on the preliminary plat and final plat are installed and inspected by the Town, or are subject to a performance guarantee (see Section , Performance Guarantees); iv. The final plat complies with all standards and conditions of any applicable permits and development approvals; and v. The final plat complies with all other applicable requirements in this Ordinance and the Town Code of Ordinances. d. Effect i. General Approval of a final plat allows the sale or conveyance of lots within the subdivision. Building permits may be issued following recordation of the final plat. ii. Acceptance of Public Infrastructure a). Unless infrastructure has not yet been completed and is subject to a performance guarantee, approval and recordation of a final plat constitutes an offer of dedication by the owner and acceptance by the Town and the public of the right-of-way of each public street, alley, and utility easement shown on the plat. Approval of the final plat constitutes acceptance for maintenance responsibility of any existing improvements within such right-of-way or easement, but the Town assumes no responsibility to open, operate, repair, or maintain any new improvements, including but not limited to paved streets, until it is in the public interest to do so. This subsection does not apply to utility easements and infrastructure intended to be offered to and accepted by an entity other than the Town. b). The subdivider shall retain responsibility for public improvements until maintenance responsibility is accepted by the Town, NCDOT, or a public utility provider, as appropriate. e. Amendment Amendment of a final plat approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval. f. Expiration i. A final plat shall be null and void unless it is recorded in the office of the Carteret County Register of Deeds within 60 days of approval. 2-45

68 ii. ARTICLE PROCEDURES Section Specific Review Procedures Subsection S. Subdivision, Major If a final plat is not recorded within two years of the associated preliminary plat approval, or if there is a lapse of more than two years between the recording of different sections or phases, then the preliminary plat shall expire. g. Appeal Appeals may be filed in accordance with the procedure in Section C, Appeal. 2-46

69 T. SUBDIVISION, MINOR ARTICLE PROCEDURES Section Specific Review Procedures Subsection T. Subdivision, Minor 1. Applicability Unless exempted in accordance with Section 160A-376 of the North Carolina General Statutes, all divisions of land including five or fewer lots with no extension of public streets or other public infrastructure shall comply with the provisions of this section. 2. Minor Subdivision Procedure a. Pre-Application Conference Applicable (see Section C, Pre-Application Conference). b. Application Submittal and Acceptance Applicable (see Section F, Application Submittal and Acceptance). c. Staff Review and Action i. Applicable (see Section G, Staff Review FIGURE T MINOR and Action). SUBDIVISION ii. The TRC shall review and decide the application in accordance with Section T.2.e, Minor Subdivision Review Standards. PROCEDURE Pre-Application Conference d. Recordation Once a minor subdivision is approved, a signed statement by the UDO Administrator shall be entered Submit Application on the face of the plat. The minor subdivision plat may not be recorded without this certification. Failure to record the minor subdivision plat in accordance with Completeness Determination Section T.2.h, Expiration, shall render the minor subdivision plat null and void. e. Minor Subdivision Review Standards A minor subdivision shall be approved if the application complies with the following: TRC Review and Decision i. The minor subdivision is prepared and sealed by a licensed professional land surveyor or professional engineer. Notification of Decision ii. The minor subdivision is in substantial Recordation conformance with all applicable requirements in Article 18-7: Subdivisions; iii. The minor subdivision complies with all standards and conditions of any applicable permits and development approvals; and iv. The minor subdivision complies with all other applicable requirements in this Ordinance and the Town Code of Ordinances. f. Effect Approval of a minor subdivision allows the sale or conveyance of lots within the subdivision. Building permits may be issued following recordation of the minor subdivision plat. g. Amendment Amendment of a minor subdivision approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval. h. Expiration i. Applicable (see Section T, Expiration of Permit or Development Approval). ii. A minor subdivision plat shall be null and void unless it is recorded in the office of the Carteret County Register of Deeds within 60 days of approval. 2-47

70 U. RESERVED ARTICLE PROCEDURES Section Specific Review Procedures Subsection V. Temporary Use Permit i. Appeal Appeals may be filed in accordance with the procedure in Section C, Appeal. V. TEMPORARY USE PERMIT 1. Applicability The provisions of this section shall apply to all proposed temporary uses, temporary structures, and special events set forth in Section , Temporary Uses and Structures. 2. Temporary Use Permit Procedure a. Pre-Application Conference Optional (see Section Section C, Pre-Application Conference). b. Application Submittal and Acceptance Applicable (see Section F, Application Submittal and Acceptance). c. Staff Review and Action i. Applicable (see Section G, Staff Review and Action). ii. The UDO Administrator shall review and decide the application in accordance with Section V.3, Temporary Use Permit Review Standards. 3. Temporary Use Permit Review Standards A temporary use permit shall be approved if the applicant demonstrates the proposed temporary use, temporary structure, or special event complies with the relevant standards in Section , Temporary Uses and Structures. 4. Effect Applicable (see Section O, Effect of Development Approval). 5. Amendment Amendment of a temporary use permit approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval. 6. Expiration Approval of a temporary use permit shall be effective beginning on the date of approval and shall remain effective for the period indicated in the permit. 7. Appeal Appeals may be filed in accordance with the procedure in Section C, Appeal. FIGURE W TEMPORARY USE PERMIT PROCEDURE Pre-application Conference Submit Application Completeness Determination UDO Administrator Review and Decision Notification of Decision 2-48

71 ARTICLE PROCEDURES Section Specific Review Procedures Subsection W. Text Amendment W. TEXT AMENDMENT 1. Applicability This section provides a uniform means for amending the text of this Ordinance whenever the public necessity, changed conditions, convenience, general welfare, or appropriate land use practices justify or require doing so. 2. Text Amendment Procedure a. Pre-Application Conference FIGURE V TEXT AMENDMENT PROCEDURE Applicable (see Section C, Pre-Application Conference). b. Application Submittal and Acceptance Pre-application Conference i. Applicable (see Section F, Application Submittal and Acceptance). ii. An application for a text amendment may be filed by anyone. Submit Application c. Staff Review and Action i. Applicable (see Section G, Staff Review and Action). Completeness Determination ii. The UDO Administrator shall prepare a staff report in accordance with Section W.3, Text Amendment Review Standards. UDO Administrator Review d. Public Notification Applicable (see Section H, Public Notification). e. Review and Decision by Decision-making Body Public Hearing Scheduled i. Applicable (see Section L, Review and ii. iii. iv. Action by Decision-making Body). During a public meeting, the Planning Board shall review the application and make a recommendation in accordance with Section W.3, Text Amendment Review Standards. The Planning Board shall comment on whether or not the text amendment is consistent with the Town s adopted policy guidance. After consideration of the application by the Planning Board, the Town Council shall conduct a public hearing on the application. The Town Council shall decide the application in accordance with Section W.3, Text Amendment Review Standards. The decision shall be one of the following: a). b). c). d). Public Notification Planning Board Review and Recommendation Town Council Review and Decision Notification of Decision Adoption of the text amendment as proposed; Adoption of a revised text amendment; Denial of the text amendment; or Remand of the text amendment application to the Planning Board for further consideration. In making its decision, the Town Council shall adopt a written statement of consistency and reasonableness that: a). Describes whether the decision is consistent with the Town s adopted policy guidance; and 2-49

72 ARTICLE PROCEDURES Section Specific Review Procedures Subsection W. Text Amendment b). Explains why the decision is reasonable and in the public interest. 3. Text Amendment Review Standards The advisability of amending the text of this Ordinance is a matter committed to the legislative discretion of the Town Council and is not controlled by any one factor. In determining whether to adopt or deny the proposed text amendment, the Town Council may weigh the relevance of and consider whether and the extent to which the proposed text amendment: a. Is consistent with the Town s adopted policy guidance; b. Is not in conflict with any provision of this Ordinance or the Town Code of Ordinances; c. Is required by changed conditions; d. Addresses a demonstrated community need; e. Addresses an unforeseen matter not present when the Ordinance was adopted; f. Is consistent with the purpose and intent of the zoning districts in this Ordinance, or would improve compatibility among uses and ensure efficient development within the Town; g. Would result in a logical and orderly development pattern; h. Addresses other factors determined to be relevant from the Town Council; and i. Would not result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife, vegetation, and the natural functioning of the environment. 4. Effect Applicable (see Section O, Effect of Development Approval). 5. Amendment Amendment of a text amendment approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval. 2-50

73 X. VARIANCE 1. Applicability ARTICLE PROCEDURES Section Specific Review Procedures Subsection X. Variance a. Development that would otherwise be subject to unnecessary hardship from the applications of the standards in this Ordinance may seek relief from the standards in accordance with this section. b. A variance shall not be requested to: i. Vary from density or intensity beyond that allowed in a base zoning district; or ii. Permit a use not allowed in a zoning district. 2. Variance Procedure a. Pre-Application Conference Applicable (see Section Section C, Pre-Application Conference). b. Application Submittal and Acceptance Applicable (see Section F, Application Submittal and Acceptance). c. Staff Review and Action i. Applicable (see Section G, Staff ii. Review and Action). The UDO Administrator shall review the application, prepare a staff report, and provide a recommendation in accordance with Section X.3, Variance Review Standards. d. Public Notification Applicable (see Section H, Public Notification). e. Review and Action by a Decision-making Body i. Applicable (see Section L, Review and Action by Decision-making Body, and Section J, Quasi-Judicial Public Hearing ii. Procedures). The BOA, after the conclusion of a quasijudicial public hearing, shall decide the application for a variance. iii. The decision shall be based on the competent, material, and subsequent evidence in the record, as supplemented by the arguments presented at the quasi-judicial hearing, and the standards in Section X.3, Variance Review Standards. iv. The decision shall be one of the following: a). Approval of the variance as proposed; b). Approval of the variance with revisions; or c). Denial of the variance. v. Each decision shall be made in writing and reflect the BOA s determination of contested facts and their application to the standards in this Ordinance. vi. The written decision shall be signed by the Chair or other duly authorized member of the FIGURE X VARIANCE PROCEDURE Pre-application Conference Submit Application Completeness Determination UDO Administrator Review and Recommendation Public Notification Public Hearing Scheduled Board of Adjustment Review and Decision Notification of Decision 2-51

74 ARTICLE PROCEDURES Section Specific Review Procedures Subsection X. Variance BOA. vii. The decision of the BOA shall be effective upon the filing of the written decision. f. Notification of Decision The decision of the BOA shall be delivered by personal service, electronic mail, or by first-class mail to the applicant, the landowner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person providing notification of decision shall certify that proper notification has been made. 3. Variance Review Standards a. General Variance Standards i. Required Findings A zoning variance shall be approved on a finding the applicant demonstrates all of the following: a). Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. b). The hardship results from conditions that are peculiar to the property, such as location, size or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. c). The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of the variance shall not be regarded as a self-created hardship. d). The requested variance is consistent with the spirit, purpose, and intent of the Ordinance, such that public safety is secured, and substantial justice is achieved. ii. Other Considerations In addition to the making the required findings in subsection (i) above, the BOA may also consider the following: a). The variance approval is the minimum necessary to make possible the reasonable use of the land, building, or structure. b). None of the following may be used as the basis for approving a variance: i). A request for a particular use that is expressly, or by inference, prohibited in the zoning district; ii). Hardships resulting from factors other than application of the relevant standards of this Ordinance; iii). The fact that land or a structure may be utilized more profitably or be more marketable with a variance; or iv). Financial hardship. b. Additional Flood Damage Prevention Variance Standards i. Required Findings A flood damage prevention variance shall be approved on a finding the applicant demonstrates all of the following standards are met: a). There is a good and sufficient cause to grant the variance. b). Failure to grant the variance would result in exceptional hardship to the landowner. 2-52

75 ii. ARTICLE PROCEDURES Section Specific Review Procedures Subsection X. Variance c). Granting the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with this Ordinance. Other Considerations In addition to making the required findings in subsection (i) above, the BOA may also consider the following: a). The variance is the minimum necessary, considering the flood hazard, to afford relief. b). Approval of the variance will not render the building in violation of applicable federal, state, or local requirements. c). Approval of the variance will not result in any increase in flood levels within any designated floodway or non-encroachment area during the base flood discharge. d). The variance is issued prior to any other prerequisite permit or development approvals. e). All of the following factors shall be considered by the BOA if an application for a flood damage prevention variance is denied: i). The danger that materials may be swept onto other lands and injure others; ii). iii). iv). v). vi). vii). viii). ix). x). xi). The danger to life and land due to flooding or erosion damage; The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual landowner; The importance of the services provided by the proposed facility to the community; The necessity to the facility of a waterfront location as a functionally-dependent facility; The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; The compatibility of the proposed use with existing and anticipated development; The relationship of the proposed use to the Town s adopted policy guidance and the Town s floodplain management program; The safety of access to the use in times of flood for ordinary emergency vehicles; The expected height, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and 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. 4. Conditions of Approval In granting a variance the BOA may prescribe conditions of approval to ensure compliance with the standards of this Ordinance and to address any impacts reasonably expected to be generated by the development. a. A variance granted subject to a condition of approval shall be permitted as long as there is compliance with the condition. b. Violation of a condition of approval shall be deemed a violation of this Ordinance. c. If a violation or invalidation of a condition of approval occurs, the UDO Administrator 2-53

76 ARTICLE PROCEDURES Section Specific Review Procedures Subsection X. Variance may revoke the certificate of occupancy for the development subject to the variance. 5. Effect a. General Approval of a zoning variance or flood damage prevention variance authorizes only the particular regulatory relief approved by the BOA. It does not exempt the applicant from the responsibility to obtain all other permits or development approvals required by this Ordinance or any other applicable laws, and does not indicate that the development for which the variance is granted should receive other permits or development approvals under this Ordinance unless the relevant and applicable portions of this Ordinance are met. b. Notification Regarding Flood Insurance Costs i. An applicant for whom a flood damage prevention variance is approved shall be provided written notice by the Floodplain Administrator specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is built. The notice shall inform the applicant about the risks to life and property from construction below the BFE and that issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance. ii. The notification shall be maintained by the UDO Administrator with the record of the flood damage prevention variance action. c. Records Upon request, the UDO Administrator shall report all flood damage prevention variances approved in accordance with this section to the Federal Emergency Management Agency and the State of North Carolina. 6. Amendment Amendment of a variance may only be reviewed and considered in accordance with the procedures and standards established for its original approval. 7. Expiration If the BOA does not include a time period by which development subject to a zoning variance or a flood damage prevention variance expires, development shall commence within 12 months of the date of issuance of the variance or the variance shall expire and become null and void. 8. Appeal a. Any decision by the BOA shall be subject to Superior Court of Carteret County review by proceedings in the nature of certiorari. b. Petitions for review must be field with the Clerk of Court within 30 days of the date of the decision is filed in the office of Planning, Zoning, and Inspections. 2-54

77 ARTICLE PROCEDURES Section Specific Review Procedures Subsection Y. Zoning Map Amendment Y. ZONING MAP AMENDMENT 1. Applicability This section provides a uniform means for reviewing and deciding proposed amendments to the Official Zoning Map whenever the public necessity, general welfare, the Town s adopted policy guidance, or appropriate land use practices justify or require doing so. 2. Zoning Map Amendment Procedure a. Pre-Application Conference Applicable when a more intense zoning map designation is requested (see Section C, Pre-Application Conference). b. Application Submittal and Acceptance FIGURE Y ZONING MAP AMENDMENT i. Applicable (see Section F, Application PROCEDURE Submittal and Acceptance). ii. Applications may be initiated by the Town Council or any person who may submit Pre-application Conference applications in accordance with Section F.1, Authority to File Applications. c. Staff Review and Action Submit Application i. Applicable (see Section G, Staff Review and Action). ii. The UDO Administrator shall prepare a staff Completeness Determination report, in accordance with Section Y.3, Zoning Map Amendment Review Standards. d. Public Notification Applicable (see Section H, Public Notification). UDO Administrator Review e. Review and Action by Decision-making Body i. Applicable (see Section L, Review and Action by Decision-making Body). Public Hearing Scheduled ii. iii. iv. During a public meeting, the Planning Board shall review the application and make a recommendation in accordance with Section Y.3, Zoning Map Amendment Review Standards. The Planning Board shall comment on whether or not the zoning map amendment is consistent with the Town s adopted policy guidance. After consideration of the application by the Planning Board, the Town Council shall conduct a public hearing on the application. The Town Council shall decide the application in accordance with Section Y.3, Zoning Map Amendment Review Standards. The decision shall be one of the following: a). Adoption of the zoning map Notification of Decision amendment as proposed; b). Adoption of a revised zoning map amendment; c). Denial of the zoning map amendment; or d). Remand of the zoning map amendment application to the Planning Board for further consideration. In making its decision, the Town Council shall adopt a written statement that 2-55 Public Notification Planning Board Review and Recommendation City Council Review and Decision

78 ARTICLE PROCEDURES Section Specific Review Procedures Subsection Y. Zoning Map Amendment includes each of the following: a). Whether the zoning map amendment is approved, denied, or remanded; and b). The degree to which the zoning map amendment is or is not consistent with the Town s Land Use Plan; and c). The ways in which the zoning map amendment is or is not consistent with the Town s Land Use Plan; and d). Whether approval of the zoning map amendment also amends or does not amend the Town s Land Use Map; and e). If the Land Use Map is amended as part of the application approval, a description of the change in conditions to meet the development needs of the Town that were taken into account as part of the approval; and f). An explanation of why the action taken by the Town Council is reasonable; and g). An explanation of why the action taken by the Town Council is in the public interest. f. Designation on Official Zoning Map The UDO Administrator shall make changes to the Official Zoning Map promptly after approval of a map amendment application by the Town Council. 3. Zoning Map Amendment Review Standards The advisability of an amendment to the Official Zoning Map is a matter committed to the legislative discretion of the Town Council and is not controlled by any one factor. 4. Effect Applicable (see Section O, Effect of Development Approval). 5. Amendment Amendment of an approved zoning map amendment may only be reviewed and considered in accordance with the procedures and standards established for its original approval. 2-56

79 Z. ZONING PERMIT ARTICLE PROCEDURES Section Specific Review Procedures Subsection Z. Zoning Permit 1. Applicability Approval of a zoning permit is required for: a. Construction of a single-family detached dwelling on an individual lot; b. Additions, enlargements or expansions of a building footprint or outdoor use area (e.g. equipment storage); and c. Development that does not require a building permit. 2. Zoning Permit Procedure a. Pre-Application Conference Optional (see Section Section C, Pre-Application Conference). b. Application Submittal and Acceptance Applicable (see Section F, Application Submittal and Acceptance). c. Staff Review and Action i. Applicable (see Section G, Staff Review and Action). ii. The UDO Administrator shall review and decide the application in accordance with Section Z.3, Zoning Permit Review Standards. 3. Zoning Permit Review Standards A zoning permit shall be approved if the application complies with: FIGURE Z ZONING PERMIT PROCEDURE Pre-application Conference Submit Application Completeness Determination UDO Administrator Review and Decision Notification of Decision a. All standards or conditions of any prior applicable permits and developments approvals; and b. All applicable requirements of this Ordinance, the Town Code of Ordinances, and any applicable State or federal requirements. 4. Effect Approval of a zoning permit authorizes an applicant to commence construction or move forward with the approved development. 5. Amendment Amendment of a zoning permit may only be reviewed and considered in accordance with the procedures and standards established for its original approval. 6. Expiration A zoning permit shall expire and become null and void if development it authorizes is not commenced within 180 days of permit issuance. 7. Appeal Appeals may be filed in accordance with the procedure in Section C, Appeal. 2-57

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81 ARTICLE ZONING DISTRICTS General Provisions 3-1 A. Types of Zoning Districts 3-1 B. Compliance with District Standards 3-1 C. Generally Applicable Dimensional Standards 3-1 D. Official Zoning Map Zoning Districts Established 3-3 A. Classification of Zoning Districts 3-3 B. Organization of Zoning District Regulations Residential Zoning Districts 3-4 A. General Purpose and Intent 3-4 B. Residential Single-Family Conservation (RSC) 3-5 C. Residential Single-Family Wide Yard (RSW) 3-7 D. Residential Single-Family Narrow Yard (RSN) 3-9 E. Residential Single-Family Manufactured (RSM) 3-11 F. Residential Single-Family and Duplex (RSD) 3-13 G. Residential Multi-Family (RMF) Mixed Use Districts 3-17 A. General Purpose and Intent 3-17 B. Mixed Use Neighborhood (MUN) 3-18 C. Mixed Use High Intensity (MHI) Commercial Districts 3-24 A. General Purpose and Intent 3-24 B. Commercial Circle (CIR) 3-25 C. Commercial Periphery (CPY) 3-40 D. Commercial Corridor (COR) 3-43

82 ARTICLE ZONING DISTRICTS GENERAL PROVISIONS A. TYPES OF ZONING DISTRICTS Land within the Town is generally classified by this Ordinance to be in one of a number of general (or base ) zoning districts which are established in this Article and on the Official Zoning Map. B. COMPLIANCE WITH DISTRICT STANDARDS Land in the Town shall not be developed except in accordance with the zoning district regulations of this Article and all other regulations of this Ordinance, including but not limited to: Article 18-4: Use Standards, Article 18-5: Development Standards, Article 18-6: Environment, and Article 18-7: Subdivisions. C. GENERALLY APPLICABLE DIMENSIONAL STANDARDS In addition to the dimensional standards in each zoning district, the following bulk and dimensional standards shall apply to all development in Town. 1. Reduction Prohibited Except where otherwise authorized by this Ordinance: a. No lot shall be reduced in area below the minimum requirements for the district where located except as allowed by this Ordinance. b. Lots created after August 28, 2017 shall meet the minimum lot dimensional requirements for the district where located. 2. Buildings per Lot a. Only one principal building per lot shall be allowed unless otherwise authorized by this Ordinance. b. No more than one principal building devoted to a residential use shall be allowed on a lot except as part of a multi-family development. c. Two or more principal structures devoted to a non-residential use may be located on a lot, provided that access to each structure is directly available from a public street. If access to each structure from a public street is not available, a 20-foot access easement shall be recorded and maintained from a public street to each structure for use by service or emergency vehicles. 3. Required Yards a. The land area between a lot line and the boundary of a setback is considered as a required yard. b. The location of front, side, or rear yards on irregularly-shaped lots shall be determined by the UDO Administrator. Wherever possible, the UDO Administrator shall interpret these boundaries in ways that minimize nonconformities. c. Except where otherwise provided in Section E, Setback Encroachments, required yards shall not be subject to encroachment by a building, structure, or outdoor use area. d. In no instance shall a required yard for one lot be used to meet the yard requirements for another lot. 4. Flag Lots a. Flag lots are prohibited except in cases where the lots would serve to provide lot access to a body of water or similar recreational facility. b. In no case shall the majority of lots within a subdivision consist of flag lots. c. All flag lots shall have a minimum road frontage of 25 feet. d. The length of the strip in the lot shall not exceed 50 feet and shall not be used to determine lot width or required setback lines. D. OFFICIAL ZONING MAP 3-1

83 ARTICLE ZONING DISTRICTS Section General Provisions Subsection D. Official Zoning Map 1. General a. The Official Zoning Map designates the location and boundaries of the various zoning districts established in this Ordinance. The Official Zoning Map shall be maintained in the Town of Atlantic Beach s Boardroom and is available for public inspection during normal business hours. b. The Official Zoning Map shall bear the Town Seal and the attestation by the Town Clerk. c. The Official Zoning Map shall be the final authority as to the status of the current zoning district classification of land in the Town s planning jurisdiction, and shall only be amended in accordance with Section Y, Zoning Map Amendment. d. The UDO Administrator shall maintain digital or printed copies of superseded versions of the Official Zoning Map for historical reference. 2. Incorporated by Reference a. The Official Zoning Map is incorporated herein by reference and made part of this Ordinance. b. The Flood Insurance Rate Maps (FIRM) prepared by the State and the associated Flood Insurance Study (FIS) are incorporated herein by reference and made part of this Ordinance. 3. Replacement When the Official Zoning Map is replaced, the prior zoning map shall be preserved together with records pertaining to its adoption or amendment, unless the prior zoning map has been lost or destroyed. 4. Interpretation of Official Map Boundaries The UDO Administrator shall be responsible for determination of boundaries on the Official Zoning Map in accordance with the standards in Section L, Interpretation, and the following standards: a. Boundaries shown as approximately following a utility line or a street, alley, or other public access way shall be interpreted as following the centerline of the right-of-way or easement for the utility line or access way. b. If a street, alley, or utility easement forming the boundary between two separate zoning districts is abandoned or removed from dedication, the zoning district boundaries shall be construed as following the centerline of the abandoned or vacated roadbed or utility easement. c. Boundaries shown as approximately following a lot line shall be interpreted as following the lot line as it existed when the boundary was established. If a subsequent minor adjustment (such as from settlement of a boundary dispute or overlap) results in the lot line moving 10 feet or less, the zoning boundary shall be interpreted as moving with the lot line. d. Boundaries shown as approximately following the centerline of a stream, shoreline, canal, lake, or other waterbody shall be interpreted as following the centerline of the waterbody as it actually exists, and as moving with that centerline to the extent the waterbody moves as a result of natural processes (flooding, erosion, sedimentation, etc.). e. Boundaries shown parallel to or as extensions of features indicated in this subsection shall be interpreted as such. f. If the specific location of a depicted boundary cannot be determined from application of the above standards, it shall be determined by using the Official Zoning Map s scale to determine the boundary s distance from other features shown on the map. In the case of flood hazard boundaries, the FIRM maps shall be used for scaling. g. Where the actual location of existing physical or natural features vary from that shown on the Official Zoning Map, or in other circumstances are not covered by this 3-2

84 ARTICLE ZONING DISTRICTS Section Zoning Districts Established Subsection A. General Purpose and Intent subsection, the UDO Administrator shall have the authority to determine the district boundaries (see Section L, Interpretation). h. Wherever a single lot is located within two or more different zoning districts, each portion of the lot shall be subject to all the regulations applicable to the zoning district where it is located. 5. Changes to Official Zoning Map Changes made in zoning district boundaries on the Official Zoning Map shall be considered an amendment to this Ordinance and are made in accordance with Section Y, Zoning Map Amendment. Changes shall be entered on the Official Zoning Map by the Town Clerk promptly after the amendment is approved by the Town Council. Entries include the date of amendment approval ZONING DISTRICTS ESTABLISHED Table , Zoning Districts Established, sets out the zoning districts established by this Ordinance. Zoning districts are grouped into Residential, Mixed Use, and Commercial districts. TABLE : ZONING DISTRICTS ESTABLISHED DISTRICT NAME RESIDENTIAL DISTRICTS Residential Single-Family Conservation Residential Single-Family Wide Yard Residential Single-Family Narrow Yard Residential Single-Family Manufactured Residential Single-Family and Duplex Residential Multi-Family MIXED USE DISTRICTS Mixed Use Neighborhood Mixed Use High Intensity COMMERCIAL DISTRICTS Commercial Circle Commercial Periphery Commercial Corridor ABBREVIATION RSC RSW RSN RSM RSD RMF MUN MHI CIR CPY COR A. CLASSIFICATION OF ZONING DISTRICTS Land shall be classified or reclassified into a zoning district only in accordance with the procedures and requirements set forth in Section Y, Zoning Map Amendment. B. ORGANIZATION OF ZONING DISTRICT REGULATIONS 1. Sections through set out the general purposes of each group of zoning districts and contain subsections that set out the specific purpose, density, and dimensional standards for each individual zoning district. 2. Each district includes a summary table of dimensional standards that include letters in black circles. The black circles in the dimensional standards table correspond to the black circles depicted in the district graphics. 3. The building form, lot pattern, and development examples diagrams are for illustrative purposes only. In cases where an image conflicts with the text, the text of this Ordinance shall control. 4. The range of allowable uses for each general zoning district are identified in Table G, Principal Use Table. 3-3

85 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection A. General Purpose and Intent 5. Some districts include district-specific standards that apply to all lands in the particular zoning district classification RESIDENTIAL ZONING DISTRICTS A. GENERAL PURPOSE AND INTENT The residential zoning districts established in this section are intended to provide a healthy and safe environment in which to live and recreate. More specifically, they are intended to: 1. Provide appropriately located lands for residential development that are consistent with the Town s adopted policy guidance; 2. Ensure adequate light, air, privacy, recreation, and open space areas for each dwelling; 3. Provide for residential housing choice, affordability, and diversity with varying housing densities, types, and designs, including accessory dwelling units, where appropriate; 4. Provide for safe and efficient vehicular access and circulation and pedestrian- and bicyclistfriendly neighborhoods; 5. Provide for orderly growth and development within the Town; 6. Provide for public services and facilities needed to serve residential areas while protecting residential areas from incompatible nonresidential development; and 7. Create neighborhoods and preserve existing community character while accommodating new development and redevelopment consistent with the Town s goals and objectives. 3-4

86 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection B. Residential Single-Family Conservation (RSC) B. RESIDENTIAL SINGLE-FAMILY CONSERVATION (RSC) RESIDENTIAL SINGLE-FAMILY CONSERVATION (RSC) 2. Dimensional Standards 1. Purpose REF REQUIREMENT STANDARD # [1] Minimum Lot Area - Per Single-Family Unit A 6,000 (square feet) Maximum Residential Density (units/acre) 7 B Minimum Lot Width (feet) 60 C Minimum Street Frontage (linear feet) 25 D Minimum Lot Depth (feet) 100 E Minimum Street Setback (feet) [2] F Minimum Side Setback (feet) 7 G Minimum Rear Setback (feet) 20 [3] H Maximum Height (feet) 45 Maximum Impervious Surface Coverage I 40 (% of lot area) [4] 3. Dimensional Illustration The RSC district is established to accommodate one singlefamily detached dwelling per lot in a manner that protects sensitive environmental features like existing trees, coastal habitat, and wetlands. Alteration of the existing topography, including deposition of fill, is limited. Individual single-family detached dwellings and complimentary accessory uses may be established in the RSC district following approval of a major site plan. Development in the RSC district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. NOTES [1] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. [2] See Section D.1, Street Setback. [3] Corner lots may reduce the rear setback to seven feet. [4] Developments subject to a State stormwater permit are exempted from these standards. 3-5

87 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection C. Residential Single-Family Wide Yard (RSW) 4. Typical Lotting Pattern 5. Aerial Photo 6. Typical Forms of Development 6. District Specific Standards a. Establishment of a principal use shall require approval of a major site plan in accordance with Section Q, Site Plan (Major/Minor). b. Existing trees of three inches in caliper or larger shall be retained during construction, to the maximum extent practicable. c. No grading of the site shall take place, except as necessary for foundations and permanent vehicular access. d. No deposition of fill shall take place except as necessary to accommodate an on-site wastewater system in accordance with Carteret County requirements. 3-6

88 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection C. Residential Single-Family Wide Yard (RSW) C. RESIDENTIAL SINGLE-FAMILY WIDE YARD (RSW) RESIDENTIAL SINGLE-FAMILY WIDE YARD (RSW) 1. Purpose The RSW district is established to accommodate singlefamily detached dwellings at densities around seven units an acre, along with parks, open space, and customary accessory uses. District regulations discourage any use that interferes with the development of single-family detached dwellings or that is detrimental to the residential nature of the district. Development in the RSW district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. 2. Dimensional Standards REF REQUIRE. STANDARD NOTES # [1] A Minimum Lot Area - Per Single-Family Unit (square feet) 6,000 [1] Portions of lots within or Maximum Residential Density (units/acre) 7 abutting AEC or Ocean B Minimum Lot Area All Other Uses (square feet) 12,000 Hazard areas shall be subject to applicable CAMA setbacks. C Minimum Lot Width (feet) 60 [2] See Section D.1, D Minimum Lot Frontage (linear feet) 25 Street Setback. E Minimum Lot Depth (feet) 100 [3] Corner lots may reduce the F Minimum Street Setback (feet) [2] rear setback to seven feet. G Minimum Side Setback (feet) 7 [4] Developments subject to a H Minimum Rear Setback (feet) 20 [3] State stormwater permit are I Maximum Height (feet) 45 exempted from these J Max. Impervious Surface Coverage (% of lot area) [4] 40 standards. 3. Dimensional Illustration 3-7

89 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection C. Residential Single-Family Wide Yard (RSW) 4. Typical Lotting Pattern 5. Aerial Photo 6. Typical Forms of Development 3-8

90 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection D. Residential Single-Family Narrow Yard (RSN) D. RESIDENTIAL SINGLE-FAMILY NARROW YARD (RSN) RESIDENTIAL SINGLE-FAMILY NARROW YARD (RSN) 1. Purpose The RSN district is established to accommodate singlefamily detached dwellings at densities of eight units an acre, along with parks, open space, and customary accessory uses. District regulations discourage any use that interferes with the development of single-family detached dwellings or that is detrimental to the residential nature of the district. Development in the RSN district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. 2. Dimensional Standards REF REQUIRE. STANDARD NOTES # [1] A Minimum Lot Area - Per Single-Family Unit (square feet) 5,000 [1] Portions of lots within or Maximum Residential Density (units/acre) 8 abutting AEC or Ocean B Minimum Lot Area All Other Uses (square feet) 10,000 Hazard areas shall be subject to applicable CAMA setbacks. C Minimum Lot Width (feet) 50 [2] See Section D.1, D Minimum Street Frontage (linear feet) 25 Street Setback. E Minimum Lot Depth (feet) 100 [3] Corner lots may reduce the F Minimum Street Setback (feet) [2] rear setback to five feet. G Minimum Side Setback (feet) 5 [4] Developments subject to a H Minimum Rear Setback (feet) 20 [3] State stormwater permit are I Maximum Height (feet) 45 exempted from these J Max. Impervious Surface Coverage (% of lot area) [4] 40 standards. 3. Dimensional Illustration 3-9

91 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection D. Residential Single-Family Narrow Yard (RSN) 4. Typical Lotting Pattern 5. Aerial Photo 6. Typical Forms of Development 3-10

92 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection E. Residential Single-Family Manufactured (RSM) E. RESIDENTIAL SINGLE-FAMILY MANUFACTURED (RSM) RESIDENTIAL SINGLE-FAMILY MANUFACTURED (RSM) 1. Purpose The RSM district is established to accommodate singlefamily detached dwellings (including individual manufactured homes on their own lots) at densities of eight units an acre, along with parks, open space, minor utilities, and customary accessory uses. District regulations discourage any use that interferes with the development of single-family detached dwellings or that is detrimental to the residential nature of the district. Development in the RSM district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. 2. Dimensional Standards REF REQUIRE. STANDARD NOTES # [1] A Minimum Lot Area - Per Single-Family Unit (square feet) 5,000 [1] Portions of lots within or Maximum Residential Density (units/acre) 8 abutting AEC or Ocean B Minimum Lot Area All Other Uses (square feet) 10,000 Hazard areas shall be subject to applicable CAMA setbacks. C Minimum Lot Width (feet) 50 [2] See Section D.1, D Minimum Lot Frontage (linear feet) 25 Street Setback. E Minimum Lot Depth (feet) 100 [3] Corner lots may reduce the F Minimum Street Setback (feet) [2] rear setback to seven feet. G Minimum Side Setback (feet) 7 [4] Developments subject to a H Minimum Rear Setback (feet) 20 [3] State stormwater permit are I Maximum Height (feet) 45 exempted from these J Max. Impervious Surface Coverage (% of lot area) [4] 40 standards. 3. Dimensional Illustration 3-11

93 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection E. Residential Single-Family Manufactured (RSM) 4. Typical Lotting Pattern 5. Aerial Photo 6. Typical Forms of Development 3-12

94 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection F. Residential Single-Family and Duplex (RSD) F. RESIDENTIAL SINGLE-FAMILY AND DUPLEX (RSD) RESIDENTIAL SINGLE-FAMILY & DUPLEX (RSD) 1. Purpose The RSD district is established to accommodate a mix of single-family detached and duplex dwellings, along with parks, open space, minor utilities, and customary accessory uses. District regulations discourage any use that interferes with the development of single-family detached dwellings or that is detrimental to the residential nature of the district. Development in the RSD district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. 2. Dimensional Standards REF REQUIRE. STANDARD # [1] NOTES A Minimum Lot Area - Per Single-Family Unit (square feet) 5,000 [1] Portions of lots within or Maximum Residential Density Single-Family (units/acre) 8 abutting AEC or Ocean B Minimum Lot Area - Per Duplex Building (square feet) 7,200 Hazard areas shall be subject Max. Residential Density Duplex (individual units/acre) 12 to applicable CAMA setbacks. [2] In cases where a duplex is on C Minimum Lot Area All Other Uses (square feet) 10,000 two separate lots, the D Minimum Lot Width (feet) 50 frontage standard applies to E Minimum Lot Frontage (linear feet) 25 [2] the entire development. F Minimum Lot Depth (feet) 100 [3] See Section D.1, G Minimum Street Setback (feet) [3] Street Setback. H Minimum Side Setback (feet) 5 [4] Developments subject to a I Minimum Rear Setback (feet) 10 State stormwater permit are J Maximum Height (feet) 45 exempted from these Max. Impervious Surface Coverage (% of lot area) [4] 40 standards. K 3. Dimensional Illustration 3-13

95 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection F. Residential Single-Family and Duplex (RSD) 4. Typical Lotting Pattern 5. Aerial Photo 6. Typical Forms of Development 3-14

96 G. RESIDENTIAL MULTI-FAMILY (RMF) RESIDENTIAL MULTI-FAMILY (RMF) ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection G. Residential Multi-Family (RMF) 2. Dimensional Standards 3. Dimensional Illustration REF REQ. STANDARD # [1] Min. Lot Area - Per A 5,000 Single-Family Unit (sf) Max. Residential Density Single-Family 8 (units/acre) Min. Lot Area Per Unit - B Duplex, Triplex, 3,600 Quadplex (sf) Max. Residential Density Duplex, 12 Triplex, Quadplex (individual units/acre) Minimum Lot Area All 10,00 C Other Uses (sf) 0 D Minimum Lot Width (ft) 50 Min. Street Frontage E (linear ft) 25 [2] F Minimum Lot Depth (ft) 100 G Min. Street Setback (ft) 10 H Min. Side Setback (ft) 5 I Min. Rear Setback (ft) 10 [3] Min. Spacing Between J Buildings in same development (ft) 15 K Maximum Height (ft) Purpose The RMF district is established to accommodate a wide range of residential uses, including single-family detached, duplex, triplex, and quadplex dwellings, along with parks, open space, institutions, minor utilities, minor eating establishments, minor offices, and minor visitor accommodations uses. Development in the RMF district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. Maximum Impervious L Surface Coverage (% of 40 [4] lot area) Notes [1] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. [2] In cases where a single multi-family structure is on two or more separate lots, the frontage standard applies to the entire development. [3] Corner lots with single-family detached and duplex dwellings may reduce the rear setback to five feet. [4] Developments subject to a State stormwater permit are exempted from these standards. 3-15

97 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection G. Residential Multi-Family (RMF) 4. Typical Lotting Illustration 5. Typical Development Illustrations 6. Aerial Photo 3-16

98 MIXED USE DISTRICTS ARTICLE ZONING DISTRICTS Section Mixed Use Districts Subsection A. General Purpose and Intent A. GENERAL PURPOSE AND INTENT The mixed use districts established in this section are intended to provide areas for development that serve permanent residents, seasonal residents, and tourists with a variety of residential building types and non-residential uses that support a compact, pedestrian-oriented, mixed-use environment. More specifically, they are intended to: 1. Foster the establishment of residential, employment, shopping, and recreation uses in close proximity to one another in order to allow residents and visitors to meet some of their daily needs without use of an automobile; 2. Promote functioning neighborhoods with a wide variety of residential housing types to accommodate residents of different income levels; 3. Accommodate use mixing within single-buildings, on lots with multiple buildings, and in adjacent developments; and 4. Support development densities and configurations that encourage an efficient and effective circulation system for vehicles, bicycles, and pedestrians. 3-17

99 B. MIXED USE NEIGHBORHOOD (MUN) MIXED USE NEIGHBORHOOD (MUN) ARTICLE ZONING DISTRICTS Section Mixed Use Districts Subsection B. Mixed Use Neighborhood (MUN) 1. Purpose The MUN district is established to accommodate a blend of mixed uses at a neighborhood scale. The district accommodates most forms of residential development, numerous institutional uses, and a wide range of commercial uses. Development is configured to facilitate safe and efficient circulation by automobile, bicycle, and on foot. Development in the MUN district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. 2. Dimensional Standards REF# STANDARD REQUIREMENT [1] A Minimum Lot Area - Per Single-Family Unit (square feet) 5,000 Maximum Residential Density Single-Family Development (units/acre) 8 B Minimum Lot Area - Per Multi-Family Unit (square feet) 3,600 Maximum Residential Density Multi-Family Development (units/acre) 12 C Minimum Lot Area All Other Uses (square feet) 10,000 D Minimum Lot Width (feet) 50 E Minimum Street Frontage (linear feet) 25 [2] F Minimum Lot Depth (feet) 100 G Minimum Street Setback (feet) 20 H Minimum Side Setback (feet) 5 [3] I Minimum Rear Setback (feet) 10 [4] J Minimum Spacing Between Buildings in the same Development (feet) 15 K Maximum Height (feet) 45 Maximum Impervious Surface Coverage (% of lot area) [5] 40 L [1] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. [2] In cases where a multi-family development is on two or more separate lots, the frontage standard applies to the entire development. [3] Side setbacks shall be increased to 10 feet for multi-family development of three or more units. [4] Rear setbacks shall be increased to 20 feet for multi-family development of three or more units. [5] Developments subject to a State stormwater permit are exempted from these standards. 3-18

100 ARTICLE ZONING DISTRICTS Section Mixed Use Districts Subsection B. Mixed Use Neighborhood (MUN) 3. Typical Lotting Pattern 4. Aerial Photo 3-19

101 ARTICLE ZONING DISTRICTS Section Mixed Use Districts Subsection B. Mixed Use Neighborhood (MUN) 5. Dimensional Illustration 6. Typical Forms of Development [placeholder] 3-20

102 C. MIXED USE HIGH INTENSITY (MHI) MIXED USE HIGH INTENSITY (MHI) 2. Dimensional Standards ARTICLE ZONING DISTRICTS Section Mixed Use Districts Subsection C. Mixed Use High Intensity (MHI) 1. Purpose The MHI district is established to provide areas, which, due to their location, natural features and access, have an extremely high potential for both permanent and tourist types of residential development. Commercial uses are permitted and shall be oriented to tourist related activities which reflect a family atmosphere. Development in the MHI district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. REF # STANDARD REQUIREMENT [1] A Minimum Lot Area - Per Single-Family Unit (square feet) 5,000 Maximum Residential Density Single-Family Development (units/acre) 8 B Minimum Lot Area - Per Multi-Family Unit (square feet) 3,600 Maximum Residential Density Multi-Family Development (units/acre) 12 C Minimum Lot Area All Other Uses (square feet) 10,000 D Minimum Lot Width (feet) 50 E Minimum Street Frontage (linear feet) 25 [2] F Minimum Lot Depth (feet) 100 G Minimum Street Setback (feet) 25 [3] H Minimum Side Setback (feet) 10 [4] [8] I Minimum Rear Setback (feet) 20 [3] [5] [8] J Minimum Spacing Between Buildings in the same Development (feet) 15 K Maximum Height (feet) 55 [6] L Maximum Impervious Surface Coverage (% of lot area) [7] 40 [1] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. [2] In cases where a multi-family development is on two or more separate lots, the frontage standard applies to the entire development. [3] Single-family and duplex dwellings shall have a ten-foot street setback. [4] Single-family and duplex dwellings shall have a five-foot side setback. [5] Corner lots shall have a rear setback of 10 feet; five feet for single-family detached and duplex dwellings. [6] Single-family and duplex dwellings shall have a maximum height of 45 feet. [7] Developments subject to a State stormwater permit are exempted from these standards. [8] Minimum setbacks shall be doubled for multi-family and townhouse development on a lot abutting a residential zoning district. 3-21

103 ARTICLE ZONING DISTRICTS Section Mixed Use Districts Subsection C. Mixed Use High Intensity (MHI) 3. Typical Lotting Pattern 4. Aerial Photo 3-22

104 ARTICLE ZONING DISTRICTS Section Mixed Use Districts Subsection C. Mixed Use High Intensity (MHI) 5. Dimensional Illustration 6. Typical Development Illustrations 3-23

105 COMMERCIAL DISTRICTS ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection A. General Purpose and Intent A. GENERAL PURPOSE AND INTENT The commercial zoning districts are established for the general purpose of ensuring there are lands in the Town that provide a wide range of office, retail, service, and related uses to meet household and business needs. More specifically they are intended to: 1. Provide appropriately located lands for the full range of business uses needed by the Town s residents, businesses, and workers, consistent with the Town s adopted policy guidance; 2. Establish the Circle area as the core of the Town s civic, retail, office, institutional, commercial, and entertainment areas; 3. Strengthen the Town s economic base and provide employment opportunities close to home for residents of the Town and surrounding communities; 4. Create suitable environments for various types of business uses, and protect them from the adverse effects of incompatible uses; 5. Accommodate vertical mixed-use buildings with retail, service, office, institutional, and other uses on the ground floor and residential units above the nonresidential space; 6. Encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets; 7. Promote the health and well-being of residents by encouraging physical activity, interconnectivity through pedestrian facilities, and greater social interaction; and 8. Minimize the impact of business development on residential districts and uses and sensitive natural environments. 3-24

106 B. COMMERCIAL CIRCLE (CIR) COMMERCIAL CIRCLE (CIR) 2. Dimensional Standards REF # A B C D E F G H I ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) 1. Purpose The CIR district is established to preserve and protect the traditional core of the Town as the primary civic, business, and cultural destination for visitors and residents. Vertically integrated mixed uses with retail and other street-activating uses on the ground floor of buildings with residential and office uses on the upper floors are appropriate in the CIR district. Building height and use intensity should be highest at the core of the district and gradually decline toward the district edges for greater compatibility with surrounding lands. The district is intended to function as a park once environment where residents and customers use central parking facilities and walk among the uses. Development in the CIR district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. STANDARD REQUIREMENT [1] Minimum Lot Area Uses Served by Public or Private Sanitary Sewer None Minimum Lot Area Uses Not Served by Public or Private Sanitary Sewer [2] Maximum Gross Residential Density (units per acre) 50 [3] [4] Maximum FAR [5] Minimum Area per Residential Unit (square feet) 600 Minimum Street Setback from Major Roadways (feet) [6] 0 Maximum Street Setback from Major Roadways (feet) [6] 15 Minimum Street Setback for all Other Roadways (feet) 10 Maximum Street Setback for all Other Roadways (feet) 25 Minimum Setback from CIR District Boundary [7] (feet) 10 [8] J Minimum Side Setback (feet) 0 [9] K Minimum Rear Setback (feet) 0 [10] L Maximum Height (feet) [11] M Maximum Impervious Surface Coverage (% of lot area) 40 [12] [1] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. [2] As required by Carteret County Health Department for an on-site septic system. [3] Development shall not exceed the maximum allowable FAR, even if additional residential density is available. [4] Maximum density may be increased up to 55 units/acre based on inclusion of nonresidential floor area. [5] See Section B.a, FAR Requirements in the CIR District. [6] Major roadways include the portions of Fort Macon Road, Atlantic Boulevard, East Drive, and West Drive located within the CIR district boundary. [7] When the district boundary follows a street the street setback standards shall apply. [8] District setbacks may be reduced to five feet for single-family detached development. [9] In cases where the lot abuts an unbuilt public right-of-way, an alleyway, a bike path, or a public walkway, the minimum side setback shall be five feet. [10] Nonresidential development on a lot abutting an unbuilt public right-of-way, an alleyway, a bike path, or a public walkway, shall maintain a minimum side setback of five feet. [11] See Section B.c, Height Requirements in the CIR District. [12] Lots that include stormwater management devices prepared in accordance with a stormwater management master plan meeting the Town s minimum requirements or that are subject to a State stormwater permit have no impervious surface coverage limitations. 3-25

107 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) 3. Dimensional Illustration 3-26

108 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) 4. Typical Lotting Pattern 3-27

109 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) 5. Aerial Photo 6. Typical Forms of Development 7. District-Specific Standards a. FAR Requirements in the CIR District Development in the CIR District shall be subject to the following floor area ratio (FAR) standards. i. Generally a). The maximum allowable amount of floor area per lot is determined by multiplying the lot s square footage by the floor area multiplier corresponding to the number of building stories in Section B.a.ii, Floor Area Multiplier. b). The maximum amount of floor area is then divided by the number of building stories to determine the approximate amount of floor area per building story. c). To ensure floor area within a multi-story building is equitably distributed, no single story of a building shall have a floor area that exceeds the floor area of the smallest story by more than 125 percent. d). The portions of building area that are or are not counted as floor area as described in Section F, Gross Floor Area. ii. Floor Area Multiplier The following standards set out the floor area multiplier for use in determining 3-28

110 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) iii. the maximum allowable floor area for buildings in the CIR district. a). One story: 0.4 b). Two stories: 0.6 c). Three stories: 0.8 d). Four stories: 1.0 e). Five stories: 1.2 f). Six stories: 1.4 g). Seven stories: 1.6 h). Eight stories: 1.8 i). Nine or more stories: 2.0 FAR Determination for Multiple Lots Where an application for development contains multiple lots, density/far may be calculated on the total amount of acreage and available maximum building height provided: a). All lots used for density increases must be fully contained within the CIR District; b). All developments utilizing increased density allocations or parcels from which allocations have been previously allotted shall be identified on a Town-approved on a Master Development Plan; c). All lots transferring density and/or receiving density increases must be owned completely under the same ownership. Under no circumstances shall density be transferred from one landowner to another; d). The cumulative density of the development cannot exceed that allowable under the prescribed criteria for single lots; e). Vacant lots or acreage from within the CIR district used for maximum density increases on another site in the CIR district shall remain in perpetual open space and shall clearly reference on the development plan: i). The generating parcel; ii). The maximum possible development amounts from the generating parcel; iii). Any previously allocated amounts; iv). The total amount being allocated; v). The total remaining possible development allocations; vi). A reference to the parcel receiving the allocation; vii). The parcel receiving the allocation; viii). The maximum density allowed for the receiving parcel (before allocations); ix). Total amount of development on receiving parcel after allocations; and x). A reference to the parcel from which the increases were allocated. f). Developed or partially developed lots or acreage allocating density increases to other sites shall clearly note on the development plan: i). The generating parcel; ii). The maximum possible development amounts from the generating parcel; iii). The amount of existing or proposed development; iv). Any previously allocated amounts; v). The total amount being allocated; vi). The total remaining possible development and/or allocations; vii). A reference to the parcel receiving the allocation; 3-29

111 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) viii). ix). x). xi). The parcel receiving the allocation; The maximum density allowed for the receiving parcel (before allocations); Total amount of development on receiving parcel, after allocations; and A reference to the parcel from which the increases were allocated. b. Density Bonuses in the CIR District To encourage a mixture of residential and non-residential uses, residential densities may be increased by 0.75 for each one thousand (1,000) square feet of gross floor area dedicated to non-residential use; provided, however, that the total density of the development does not exceed 55 units per acre. In determining possible additional units allowed, fractional numbers less than 0.75 (<.75) shall be rounded down while fractions greater than 0.75 (>.75) shall be rounded up to the nearest whole number. EXAMPLE: 10,890 sf building (2 levels/5,444 sf used non-residential) 5,444 1,000 = = 4.08 or 4 additional dwelling units. c. Height Requirements in the CIR District The maximum height for buildings in the CIR district shall be in accordance with Section H, Height, and the following: i. Sub-Area Zone A The maximum building height is 155 feet. ii. Sub-Area Zone A-1 The maximum building height is 185 feet. iii. Sub-Area Zone B The maximum building height is 55 feet. iv. Sub-Area Zone C The maximum building height is 45 feet. d. Building Orientation and Entry in the CIR District Buildings within the CIR district shall comply with the following building orientation and entry standards: i. General Requirements a). Building facades shall be generally parallel or perpendicular to the street in order to form a continuous street wall. b). Buildings shall include an entrance facing the public street they front. Entries on side streets are encouraged, but not required. c). All principal building entryways shall incorporate an entryway transition (e.g., an arcade, canopy, archway, patio, building wall projection or recess, etc.) between the building façade at the street it faces. d). Improved pedestrian access shall be provided to all public entryways that are not adjacent to a sidewalk or pedestrian way. ii. Entryways for Buildings Fronting Fort Macon Road, Atlantic Boulevard, East Drive, and West Drive Buildings fronting Fort Macon Road, Atlantic Boulevard, East Drive, and West Drive shall be configured so that at least 75 percent of one level is occupied by non-residential uses. Access to the required non-residential use(s) shall be provided at ground level and shall be handicapped accessible. iii. Entryways for Residential Uses a). Where a residential entryway is located on a sidewalk or pedestrian way level, it shall be designed to clearly differentiate it from other commercial entrances in one or more of the following ways: 3-30

112 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) i). ii). iii). A recessed entryway with a minimum depth of 36 inches; An elevation of the entryway via steps or ramp to a height of at least 14 inches above the sidewalk or walkway grade; or Other techniques, as approved by the UDO Administrator. b). In no instance shall the inclusion of steps, landings, or similar features reduce the adjacent public sidewalk or walkway width to less than six feet. e. Building Articulation in the CIR District i. Generally Building facades subject to these standards shall be configured to emphasize visual interest for the pedestrian through inclusion of one or more of the following elements: a). Modulation of the building façade, or projections or recesses from the primary building wall plane of a depth of at least three feet; b). Inclusion of building elements that break up the building façade such as balconies, porches, canopies, towers, entry areas, or building wings; c). d). Inclusion of building focal points such as distinctive entry features; or Changes to building materials in logical locations and having logical expanses. ii. Building Facades Fronting Fort Macon Road, Atlantic Boulevard, East Drive, and West Drive Buildings facades facing these streets shall include building articulation features across the first three stories. iii. Buildings Facades Fronting Other Streets Building facades fronting streets in the CIR district other than Fort Macon Road, Atlantic Boulevard, East Drive, and West Drive shall include building articulation features across the first one-and-one-half stories. iv. Building Facades Facing Alleys or Unopened Rights-of-Way Building facades facing alleys or unopened rights-of-way are exempted from providing building articulation features. f. Building Fenestration in the CIR District i. At least 50 percent of the ground-floor level of the front façade of a building shall be configured to include windows, doors, or other visually permeable openings. ii. At least 25 percent of the ground floor level of a side or rear building façade facing a street, alley, unopened right-of-way, boardwalk, greenway, walking/bicycle trail, sidewalk, other public travelway, or dedicated public open space shall be configured to include windows, doors, or other visually permeable openings iii. iv. Expanses of solid wall shall not exceed 20 feet in length. These standards shall not apply to building facades that do not front a street, alley, unopened right-of-way, boardwalk, greenway, walking/bicycle trail, sidewalk, other public travelway, or dedicated public open space. g. Landscaping and Screening Standards in the CIR District i. Generally a). For developments in the CIR district, the landscaping requirements provided in Section , Landscaping, shall be exempt; however, the perimeter buffer requirements of Section , Landscaping, shall apply. Plant materials utilized in meeting the requirements set forth in this section may be chosen from the recommended species list 3-31

113 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) ii. maintained in the Planning Department and/or the Public Works Department. This list encourages the use of plant materials which are indigenous to this region and which should be reasonably available from local nurseries. Plant materials which are not on the list may also be used provided such plants are recommended in writing by a licensed landscape architect and following approval by the UDO Administrator. b). All plantings shall be maintained in order to provide their intended purpose. Dead or dying plants required by this section shall be replaced, upon notification, in accordance to the planting requirements of this section. On-Site Landscaping Standards a). The landscape standards set forth in this section require landscaping between dissimilar land uses, along public rights-of-way, and in and around parking lots, in order to: i). Encourage the preservation of existing trees and vegetation and replenish removed vegetation. ii). Improve the visual quality of the Town and minimize the potential impacts of development such as noise, dust, and glare of lights. iii). Provide a transition between dissimilar land uses to protect abutting properties from potential negative impacts of neighboring development and to preserve the character and value of a property and provide a sense of privacy. iv). Require the maintenance of landscaping installed to ensure that the landscaping continues to thrive and meet these stated objectives. b). New development within the CIR district shall bring the entire site into full compliance with the requirements of this section. Major repair or reconstruction on a property in an amount equal to 50 percent or greater of the tax value of the building, must bring the entire site into full compliance with the requirements of this section. This shall include the removal of asphalt or similar paving material from existing parking lots or other areas without landscape materials, but shall not require the removal or relocation of the principal structure. In instances where landscaping cannot be provided due to principal structure location, a fee in-lieu equal to 150 percent of the estimated cost for plantings that would be required may be paid to the Town for planting and maintenance of landscaping in other areas of the CIR. c). Expansions or additions must generally meet the landscaping requirements only in the area around the addition that is parallel to any edge of the expansion area and extending to the property line or street pavement edge. However, where the cost of an expansion or addition is equal to 50 percent or more of the tax value of the property, the entire site must be brought into full compliance. d). Landscaping Alternatives Alternative landscaping plans may be used where unreasonable or impractical situations would result from application of the landscaping requirements. Such situations may result from natural land formations, dunes, topography or other physical conditions, or from lot configuration, utility easements or unusual site conditions not pertaining to existing or proposed construction. The UDO Administrator may approve an alternate plan which proposes different plant materials 3-32

114 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) iii. e). or plans, provided that the quality, effectiveness, durability, and performance are equivalent to that required by this section. Decisions of the staff regarding alternate methods of compliance may be appealed to the BOA. Existing Vegetation i). Existing preserved trees may be credited towards compliance with the landscaping requirements of this section at the rate of: " 6" caliper tree = 1 tree; 7" 12" caliper tree = 2 trees; 13" 18" caliper tree = 3 trees; 19" 24" caliper tree = 4 trees; and "+ caliper tree = 5 trees. ii). In order to receive credit, preserved vegetation must be in good health and condition. Trees designated for preservation must be indicated on the landscape and grading plans and be protected (with barriers) during grading and construction. If a preserved tree dies within 24 months of completion of the project, it must be replaced with the total number of trees which were credited to the existing tree. f). Street Plantings i). Landscaping plans for new developments and redevelopment exceeding the 50 percent criteria shall incorporate street plantings and planting strips into their design. Planting strips a minimum of five feet in width shall be placed between the sidewalk and the traveled way except where the planning staff determines that this is not possible due to road layout, existing conditions, or topography. All planting strips must be covered with living material, including ground cover and/or shrubs so that no soil is exposed. Mulched areas directly around required trees may be allowed provided the mulched area is maintained in a manner that prevents open soil exposure. ii). Where street trees are required, such trees shall be planted in a planting strip or in tree pits located along the street/sidewalk. Tree pits must be five feet by five feet minimum and are acceptable as a planting strip/street yard. Unless between the sidewalk and the street, no street tree shall be planted farther than eight feet from the edge of the traveled way to count as a street tree. iii). Street trees shall be required at the rate of one large maturing tree for every 40 linear feet of property abutting a street; however, no street tree shall be spaced more than 50 feet apart (on center measurement). Where a Town-approved existing tree pattern exists on a street, the placement of new trees shall be compatible with the established pattern/species. iv). Street trees must (unless otherwise approved by staff) maintain the same species, spacing, and distance from the street along the development. Screening of Dumpsters, Loading Docks, and Utility Structures All dumpsters, loading docks, or utility structures visible from a public street or adjacent property line shall be screened unless already screened by an 3-33

115 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) intervening perimeter buffer. Screening may be created through the use of a continuous hedge of evergreen and/or densely twigged deciduous shrubs or by a fence or wall. All fences or walls used for screening shall be decorative in style with the finished face outward. Each fence or wall shall be a minimum of 90 percent opaque and designed to meet the requirements of the North Carolina State Building Codes, including but not limited to wind resistance codes for the area. iv. Compliance and Maintenance a). Landscaping must be installed prior to the issuance of a final certificate of occupancy. If the season or weather conditions prohibit planting, the developer may provide a bond, an irrevocable letter of credit, or other performance guarantee in an amount equal to 125 percent of the cost of installing the required landscaping to guarantee the completion of the required planting. The performance guarantee shall be canceled and/or returned upon completion of the required landscaping. b). The owner of the property where required landscaping is planted shall be responsible for the maintenance and protection of all plant and screening materials. Failure to maintain or replace dead, damaged, or diseased material or to repair a broken fence or wall shall constitute a violation of this Ordinance. h. Access and Connectivity Standards in the CIR District i. Sidewalks a). General Standards i). Sidewalks shall be required within the CIR district for all new development, and any redevelopment of a parcel where total renovation costs equal to or exceed 50 percent of the most recent tax appraisal of the building. ii). Sidewalks, pedestrian pathways, and other required or proposed pedestrian amenities shall be reflected on all subdivision plats and site plans. iii). Sidewalks within the CIR district shall be a minimum of six feet in width. iv). Sidewalks located along Fort Macon Road, Atlantic Boulevard, East Drive, and West Drive shall be a minimum of eight feet in width. In places with high pedestrian volumes, sidewalks should be designed to meet the anticipated pedestrian/traffic volume. v). Where an existing sidewalk abuts an area where a new sidewalk is to be developed, the new sidewalk shall be the same width as the existing sidewalk or meet the standards listed above, whichever standard width is greater. The UDO Administrator may allow the narrower sidewalk provided it is consistent with the development in the area and meets the intended access requirements of this section. vi). Sidewalks shall be constructed of concrete or other approved materials (such as pavers) and built to the specifications of the Town. vii). Alternative provisions for pedestrian movement meeting the intent of this section may be used where unreasonable or impractical situations would result from application of these requirements. Such situations may result from significant street 3-34

116 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) trees, impending road widening, topography, utility easements, lot configuration, or other unusual site conditions. viii). The UDO Administrator, in consultation with the Public Works Department, may approve an alternate plan that proposes different pedestrian amenities provided that the intent of this section is fulfilled. ix). Decisions of the staff regarding alternate methods of compliance may be appealed to the BOA. b). Easements in Lieu of Sidewalks i). In lieu of providing a sidewalk, a permanent easement for the construction of a sidewalk/pedestrian pathway may be provided to the Town and recorded with the Register of Deeds of Carteret County prior to the issuance of a certificate of occupancy on the development. ii). Easements located along Fort Macon Road, Atlantic Boulevard, East Drive, and West Drive shall be a minimum of 20 feet in width. iii). Easements along all other streets shall be a minimum of 11 feet in width. iv). In all instances the possible acceptance and location of easements shall be approved by the Town. ii. Pedestrian Street Crossing Areas a). Streets should be designed so that pedestrian crossing locations are as short as possible so the needs of the pedestrian balance with the needs of vehicular traffic. b). Mid-block crossings, bulb-outs, raised crosswalks, and similar crossing techniques should be commonly used to accommodate pedestrians when appropriate for traffic conditions and site-specific situations. iii. Connection to Public Spaces a). Where lots back up to greenways, public open space areas, or to the public beach, pedestrian access shall be provided at an average of one every 400 feet; however, in no instance shall a span exceed greater than 600 feet. b). Required public accessways must be a minimum of eight feet in width. c). Improvement of accessways is encouraged, but not required. d). Labeling or signing of required accessways is mandatory. iv. Driveway Access a). A minimum separation between driveways of 50 feet is required in the CIR district. b). A minimum separation between driveways and intersecting streets of 50 feet is required in the CIR District. c). One-way driveways shall be a minimum of 12 feet and a maximum of 18 feet in width. d). Two-way driveways shall be a minimum of 18 feet and a maximum of 25 feet in width. e). Wherever feasible, the establishment of joint use driveways servicing two abutting properties shall be required. i. Off-Street Parking Standards in the CIR District The purpose of this section is to ensure that adequate and well designed parking is provided for mixed use development in the CIR district. Unless specifically referenced, all parking within the CIR shall follow the standards in this section. 3-35

117 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) i. General Requirements a). Parking spaces shall be provided at a ratio of one space per each 300 square feet of gross floor area for commercial or office space and oneand-one-half spaces per residential dwelling unit or hotel room. b). Square footage for outdoor, open air, or amusement facilities (miniature golf and other similar uses) shall be one space per each 300 square feet of land area amount being utilized by the individual uses. c). Amphitheaters, playgrounds, tot lots or similar courtyard facilities designed as part of public open space shall be exempt from parking requirements. d). Parking requirements within the CIR district may be furnished by onsite facilities, off-site facilities, or a combination of both. Public parking facilities serving multiple tenants or uses are recommended and encouraged in addition to the creation of single-use, private parking lots. ii. On-site Facilities On-site facilities consist of parking spaces on the same parcel as the use (residence, business, or otherwise) for which the parking is required. On-site facilities may be reserved for the private use of such residences, businesses or other establishments. iii. Off-site Facilities a). If the parking space requirements of this section cannot be provided on-site, or are desired to be located elsewhere, such spaces may be provided in an off-site facility anywhere within the CIR district. b). The off-site facilities described in this section may also be located anywhere in the COR district. However, no off-site facilities may be reserved for private use by any one or a combination of the residences, businesses, or other establishments for which the parking is required. c). d). e). All off-site facilities shall be held open as public, general-use facilities. All off-site facilities will be available to all visitors of the area in addition to serving the specific use in the CIR district for which the spaces were installed. Spaces within a pre-existing general use facility shall not be used to meet the parking requirements for new construction unless it can be shown that the number of spaces within the facility exceeds the total number of spaces required for the structures and uses it was originally designed for. iv. Paid Parking The provisions of this section shall not preclude the use or establishment of pay facilities or valet parking as long as the intent of open, general parking is maintained. v. Provisions for Shared Parking a). Certain development and businesses may be permitted to make joint use of a maximum of 50 percent of the required parking spaces provided the peak hours of attendance of one use are different than the peak hours of attendance of the second use. If uses that are utilizing shared parking change to where the hours of peak operation are the same, the total number of parking spaces for each use shall be installed to meet the standards set forth in this section. b). The Town may review and grant requests for special approval for parking in situations where a principle use has an accessory use on the 3-36

118 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) same site and where it is logical that many of the patrons of the secondary use will simultaneously be patrons of the principle use. Examples of such uses may include, but are not limited to, a hotel with a restaurant, a hotel with a spa, a health club with a salon or other such compatible uses. c). Requests for shared parking under this section shall be submitted in connection with an applicant's site plan and is subject to Town approval. vi. Parking Lot Design a). The location and dimensions of all parking facilities shall be provided as part of the major site plan required for development in the CIR district and shall be shown on the Development Master Plan. b). All off-street parking lots including exits, entrances, drives, and parking areas shall be separated from walkways, sidewalks, and streets by curbing or other suitable protective device to prevent vehicles from encroaching into these areas. c). Parking lots shall provide vehicular connections to adjacent parking lots except in cases of substantial topographic differences between sites. Parking lots providing vehicular connections to adjacent parking lots may reduce the minimum number of required parking spaces by 10 percent. d). Parking lots shall comply with the requirements in Section , Off- Street Parking and Loading. e). Parking lots with more than four spaces shall comply with the standards in Section B.i.vi, Parking Lot Design. vii. Parking Space Dimensions Each parking space shall comply with the minimum dimensions in Section B.i.vii, Parking Space Dimensions. viii. Handicap Parking Requirements Handicap parking spaces are required for all uses, except residential uses with less than three units, and shall meet the criteria in Section B.i.viii, Handicap Parking Requirements. j. Open Space Standards in the CIR District i. General Standards a). Except for public sites, open space shall only be used in its natural state or for limited recreational related uses. b). No structure shall be erected with open space areas for maintenance or non-recreational purposes. c). The combination of open space and public sites provided shall be a minimum of 15 percent of the gross acreage of the tract of land, and shall not include streets, parking, or required landscaping. d). Required percentages from one developable lot, under the same ownership, may be transferred to another parcel area within the CIR district, provided that the entire amount of open space requirements shall be met. e). Lakes, ponds, fountains, or similar areas covered or designed to be inundated by water shall be counted at a one-half-to-one ratio and in no instance shall such area be considered to serve as more than onehalf of the required open space. ii. Maintenance and Ownership Maintenance and ownership of open space, public sites, and recreational areas 3-37

119 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) in the CIR district shall be as specified on the site plan at and accompanying documents, and shall consist of one of the following: a). Homeowners Association If a homeowner s association is to assume ownership of the open space, then it shall bear all responsibility for maintenance of the land and all structures thereon. All landowners in the proposed development shall be members of the homeowner s association. Location of open areas shall be approved in accordance the larger development approval. There shall be restrictive covenants recorded which prohibit use of the subject land for any purpose but open space use or limited public recreation. Covenants shall run with the land and be in full force for a minimum of at least 50 years. These covenants shall become part of the deed to each lot or parcel within the development. Such covenants shall be approved by the Town and recorded with the Carteret County Register of Deeds before the first building permit in the project is issued. b). Ownership by Other Public or Private Entity Ownership of the open space may be by another public or private entity. In this event, all land to be owned and maintained by the subject entity shall be noted on the site plan and accompanying documents and must be approved for recordation by the Town prior to the issuance of any building permits. Such entity shall be responsible for all maintenance of the open space, and shall make the use and enjoyment of the open space available to all residents and visitors of the Town. Additionally, restrictive covenants as in subsection (a) above, shall be filed prohibiting the use of the subject land for any purpose but recreation and open space use. c). Dedication to the Town The open space may be dedicated to the Town as a public site but only upon the concurrence of the Town Council. If the dedication is accepted, the public site shall be maintained by the Town as open space, except that Town may designate portions of public sites for use other than as open space, provided the remaining amount of property maintained as open space is not less than 50 percent of the amount of property which would have been reserved pursuant to the original development plans. k. Outdoor Storage in the CIR District Outdoor storage as an accessory or principal use is prohibited in the CIR district. l. CIR District Master Plan i. At least once every twelve months, a Designated Redeveloper shall submit to the UDO Administrator a CIR district master plan showing the Designated Redeveloper's currently proposed plans for the parcels it controls in the CIR district. An updated master plan shall be submitted along with any major site plan required for development in the district. ii. The master plan shall be at a scale of 100 feet to one inch or larger and will be drawn on one of the following sheet sizes: 14 inches by 21 inches, 21 inches by 36 inches, 24 inches by 36 inches, or 36 inches by 42 inches. The master plan shall show the following: a). The current location of every on-site parking facility and off-site parking facility and the number of spaces included in each facility. The location of any off-site facilities may change over time as the CIR is 3-38

120 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) b). c). d). e). f). developed, provided that the total number of spaces required is continually provided; The location of any open space from which density increases will be derived pursuant; The currently proposed location of any street plantings; The currently proposed location of any sidewalks, pedestrian street crossing areas or any connections to public spaces; The location of any existing or currently proposed streets and rights-ofway; and Currently proposed parcel boundaries. 3-39

121 C. COMMERCIAL PERIPHERY (CPY) COMMERCIAL PERIPHERY (CPY) 2. Dimensional Standards ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection C. Commercial Periphery (CPY) 1. Purpose The CPY district is established to accommodate a diverse range of high and medium intensity retail, service, and office uses in a coordinated fashion that provides goods and services to both yearround residents and tourists. Upper story residential is permitted but other forms of single-family or multi-family development are prohibited. Development in the CPY district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. REF # STANDARD REQUIREMENT [1] A Minimum Lot Area None Maximum Residential Density (units/acre) 8 B Minimum Lot Width (feet) 100 C Minimum Street Frontage (linear feet) 25 D Minimum Lot Depth (feet) 100 E Minimum Street Setback (feet) 20 F Minimum Side Setback (feet) 10 [2] G Minimum Rear Setback (feet) 25 [2] [3] H Minimum Spacing Between Buildings in the Same Development (feet) 15 I Maximum Height (feet) 55 J Maximum Impervious Surface Coverage (% of lot area) [4] 75 [1] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. [2] Minimum setbacks shall be doubled for multi-family and townhouse development on a lot abutting a residential zoning district. [3] On corner lots, the minimum rear setback shall be 10 feet. [4] Developments subject to a State stormwater permit are exempted from these standards. 3-40

122 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection C. Commercial Periphery (CPY) 3. Dimensional Illustration 4. Aerial Photo 3-41

123 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection C. Commercial Periphery (CPY) 5. Typical Lotting Pattern 6. Typical Forms of Development 3-42

124 D. COMMERCIAL CORRIDOR (COR) COMMERCIAL CORRIDOR (COR) 2. Dimensional Standards ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection D. Commercial Corridor (COR) 1. Purpose The COR district is established to accommodate a diverse range of commercial uses serving both residents and tourists. Land zoned COR is generally located at street intersections and along major roadway corridors, including the causeway from the mainland. Development in the COR district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. REF STANDARD REQUIREMENT [1] # A Minimum Lot Area - Per Single-Family Unit (square feet) 6,000 Maximum Residential Density Single-Family (units/acre) 7 B Minimum Lot Area - Per Multi-Family Unit (square feet) 3,600 Maximum Residential Density Multi-Family (units/acre) 12 [2] C Minimum Lot Area All Other Uses (square feet) D None Minimum Lot Width (feet) 60 E Minimum Street Frontage (linear feet) 25 [3] F Minimum Lot Depth (feet) 100 G Minimum Street Setback (feet) 10 H Minimum Side Setback from Residential (feet) 10 [4] H Minimum Side Setback from Nonresidential or Mixed-Use (feet) 0 [4] I Minimum Rear Setback (feet) 0 J Minimum Spacing Between Buildings in the same Development (feet) 0 [5] K Maximum Height (feet) 45 [6] L Maximum Impervious Surface Coverage (% of lot area) [7] 75 [1] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. [2] Maximum density may be increased in accordance with the incentives in Section D.f, Vertical Mixed- Use Development Incentives. [3] In cases where a multi-family development is on two or more separate lots, the frontage standard applies to the entire development. [4] Side setbacks shall not exceed 10 feet. [5] Maximum spacing between principal buildings within the same development shall be 10 feet. [6] Multi-family and nonresidential development shall not exceed 55 feet in height, except in accordance with the vertical mixed use incentives in Section D.f, Vertical Mixed-Use Development Incentives. [7] Developments subject to a State stormwater permit are exempted from these standards. 3-43

125 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection D. Commercial Corridor (COR) 3. Typical Lotting Pattern 4. Aerial Photo 3-44

126 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection D. Commercial Corridor (COR) 5. Dimensional Illustration 6. Typical Forms of Development [placeholder] 3-45

127 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection D. Commercial Corridor (COR) 7. District-Specific Standards a. Indoor Operation With the exception of marinas, or outdoor seating and outdoor activity areas associated with a restaurant, all activities taking place within the COR district shall be conducted completely within an enclosed building. b. Built to the Sidewalk Development in the COR shall be located at the edge of the sidewalk or the street, with off-street parking to the side or rear of the building, to the maximum extent practicable. c. Entrances i. Buildings shall maintain a primary entrance door facing a sidewalk. Entrances at building corners may be used to satisfy this requirement. ii. Entrances may serve a single establishment or be shared among multiple establishments. d. Fences and Walls i. Except when serving single-family detached, townhouse, and duplex dwellings, fences and walls shall not be located in the area between a building facade and a lot line shared with a street, walkway, or open space. ii. Fences and walls serving single-family detached, townhouse, and duplex dwellings may extend past the building façade, provided the fence or wall shall not exceed four feet in height. e. Sidewalks Sidewalks are be required for all new construction and redevelopment projects, and shall be: i. A minimum of six feet in width or matching existing sidewalk widths on adjacent lots (if existing sidewalk is present and wider than six feet); ii. Constructed of concrete or pavers, or a different material or configuration, if required by DOT; iii. Located between the building frontage and any required landscaping materials along the street; and iv. Supplemented with an improved pedestrian way from the sidewalk to the entry of all buildings. f. Vertical Mixed-Use Development Incentives i. Minimum Requirements Development seeking to take advantage of the vertical mixed-use development incentives shall comply with the following requirements: a). The lot shall be at least 20,000 square feet and have a lot frontage of at least 40 linear feet; and b). All upper story residential units shall be at least 600 square feet in area. ii. Incentives a). Qualifying development may exceed the maximum height by two feet and the maximum density by one unit per acre for each 200 square feet of park, open space, or public plaza provided. b). Qualifying development may exceed the maximum height by two feet and the maximum residential density by 0.5 units per acre for each 100 square feet of public art gallery, public art, or performing arts space provided. c). Qualifying development may exceed the maximum height by two feet 3-46

128 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection D. Commercial Corridor (COR) and the maximum residential density by 0.5 units per acre for each 400 square feet of ground floor retail provided. 3-47

129 ARTICLE USE STANDARDS Principal Use Table 4-1 A. Use Table Structure 4-1 B. Uses Permitted By-Right 4-1 C. Uses Requiring Conditional Use Review 4-1 D. Prohibited Uses 4-1 E. Additional Standards 4-1 F. Unlisted Uses 4-1 G. Principal Use Table Use Classifications, Categories, and Types 4-5 A. Purpose 4-5 B. Organization of Uses Residential Use Classification Institutional Use Classification Commercial Use Classification Industrial Use Classification Use-Specific Standards 4-20 A. Residential Uses 4-20 B. Institutional Uses 4-24 C. Commercial Uses 4-29 D. Industrial Uses Accessory Uses and Structures 4-40 A. Purpose 4-40 B. Procedure for Establishment 4-40 C. General Standards 4-40 D. Standards for Specific Accessory Uses Temporary Uses and Structures 4-45 A. Purpose 4-45 B. Applicability 4-45 C. General Standards for Temporary Uses 4-45 D. Standards for Specific Temporary Uses 4-46

130 ARTICLE USE STANDARDS PRINCIPAL USE TABLE A. USE TABLE STRUCTURE 1. Table G, Principal Use Table, lists principal use types and indicates for each zoning district whether the principal use type is permitted by-right, as a conditional use, or prohibited. It also includes a reference to any specific standards that may apply to a particular use type. 2. Use types are organized by one four different use classifications (residential, institutional, commercial, or industrial), and all the rows within a particular use classification have the same color. 3. Within each use classification, use types are further organized by use category. See Section , Use Classifications, Categories, and Types, for more details on the use category organizing system. B. USES PERMITTED BY-RIGHT A P in a cell of the principal use table indicates that the specific use type is permitted by-right in the corresponding zoning district, subject to compliance with any additional standards referenced in the principal use table. C. USES REQUIRING CONDITIONAL USE REVIEW A C in a cell of the principal use table indicates that the specific use type is permitted in the corresponding zoning district only upon approval of a conditional use permit in accordance with Section H, Conditional Use Permit, and any additional standards referenced in the principal use table. D. PROHIBITED USES 1. A in a cell of the principal use table indicates that the specific use type is prohibited in the corresponding zoning district. 2. The following principal uses are prohibited throughout the Town s zoning jurisdiction in all zoning districts: a. Hazardous materials handling; b. Off-premise signage, including outdoor advertising or billboards; c. Helicopter landing pads, or helicopter landings, except as part of an emergency; d. Shooting range (whether indoors or outdoors); e. Single-room occupancy dwelling units; f. Explosives and chemical manufacturing; g. Leather and leather products manufacturing involving tanning; h. Industrial uses (light and heavy) exceeding 20,000 square feet in floor area; and i. Slaughter or rendering of animals, excluding seafood products. E. ADDITIONAL STANDARDS 1. When a specific use type is permitted in a zoning district, there may be additional standards that are applicable. Such additional standards are referenced in the principal use table column titled Additional Standards. These standards shall apply to a specific use type regardless of the zoning district, unless otherwise specified. 2. In addition, use types are also subject to any district standards listed in the applicable zoning district in Article 18-3: Zoning Districts. F. UNLISTED USES For land uses not listed in Table G, Principal Use Table, not listed as a part of a use category or use type, and not listed as a prohibited use in Section D, Prohibited Uses, the UDO Administrator shall determine which use category or use type to which the land use belongs in accordance with Section L, Interpretation. G. PRINCIPAL USE TABLE 4-1

131 ARTICLE USE STANDARDS Section Principal Use Table Subsection G. Principal Use Table The principal use table sets out the range of principal uses in Atlantic Beach, the procedures where they are allowed, and the type of review approval necessary to establish the use. TABLE G, PRINCIPAL USE TABLE P = Permitted C = Conditional Use = Not Permitted Details on use types in a major or minor use categories are in Section , Use Classifications, Categories, and Types USE CATEGORY USE TYPE RSC RSW ZONING DISTRICT RESIDENTIAL MIXED USE COMMERCIAL RSN RSM RSD RMF MUN MHI CIR CPY COR ADDITIONAL STANDARDS RESIDENTIAL USE CLASSIFICATION Single-family detached dwelling P P P P P P P P P P Duplex P P P P P P A.1.a Household Living Triplex P P P P P A.1.e Quadplex P P P P P A.1.d Townhouse P Multi-family P P P A.1.c Upper-story residential P P P P P Manufactured home P C P Manufactured home park C C A.1.b Group Living Group Home P P P P P P P P P P INSTITUTIONAL USE CLASSIFICATION Day Care Day Care C C P P B.1 Education Government Educational facility C C P P P Government facility, major P P P P Government facility, minor P P P P Health Care Health care facility, major P P B.2 Health care facility, minor P C P B.2 4-2

132 ARTICLE USE STANDARDS Section Principal Use Table Subsection G. Principal Use Table TABLE G, PRINCIPAL USE TABLE P = Permitted C = Conditional Use = Not Permitted Details on use types in a major or minor use categories are in Section , Use Classifications, Categories, and Types USE CATEGORY USE TYPE RSC RSW ZONING DISTRICT RESIDENTIAL MIXED USE COMMERCIAL RSN RSM RSD RMF MUN MHI CIR CPY COR ADDITIONAL STANDARDS Institutions Institutions, major C C P P P B.3 Institutions, minor C C P P P P B.3 Parks & Open Space Parks & open spaces C C C C P P P P P P Utilities, major C C C P P B.4 Utilities, minor C P P P P P P P B.4 Utilities Wireless telecommunications facility, major C C B.4.e Wireless telecommunications facility, minor C P P P P P B.4.e COMMERCIAL USE CLASSIFICATION Adult Entertainment Adult entertainment C C.1 Animal Care Animal care, major P P Animal care, minor C P P P Automotive Automotive, major P C.2 Automotive, minor C P P C.2 Bar Bar, Nightclub, or Tavern P P P C.4 4-3

133 ARTICLE USE STANDARDS Section Principal Use Table Subsection G. Principal Use Table TABLE G, PRINCIPAL USE TABLE P = Permitted C = Conditional Use = Not Permitted Details on use types in a major or minor use categories are in Section , Use Classifications, Categories, and Types USE CATEGORY USE TYPE RSC RSW ZONING DISTRICT RESIDENTIAL MIXED USE COMMERCIAL RSN RSM RSD RMF MUN MHI CIR CPY COR ADDITIONAL STANDARDS Eating Establishmen Maritime Office Parking t Personal Services Recreation/ Entertainment Retail Sales Visitor Accommo dations Eating establishment, major C P P P C.3 Eating establishment, moderate C C P P P C.3 Eating establishment, minor P P P P P C.3 Maritime, major C P P Maritime, minor P P P P Marina P P C.5.a Office, major C P P P C.6 Office, moderate C P P P C.6 Office, minor C P P P P C.6 Parking, commercial C P C Personal services, major C P P P C.7 Personal services, minor C C P P P C.7 Tattoo/body piercing establishment C Commercial recreation, indoor C C P P P C.8.a Commercial recreation, outdoor C C P C P C.8.a Event venue C C P P P C.8.b Retail sales, major P P P C.9 Retail sales, moderate C P P P C.9 Retail sales, minor C C P P P C.9 RV park C C C.11 Visitor accommodations, major C P P C P C

134 ARTICLE USE STANDARDS Section Principal Use Table Subsection B. Organization of Uses TABLE G, PRINCIPAL USE TABLE P = Permitted C = Conditional Use = Not Permitted Details on use types in a major or minor use categories are in Section , Use Classifications, Categories, and Types USE CATEGORY USE TYPE RSC RSW ZONING DISTRICT RESIDENTIAL MIXED USE COMMERCIAL RSN RSM RSD RMF MUN MHI CIR CPY COR ADDITIONAL STANDARDS Visitor accommodations, minor C P P P C P C.10 INDUSTRIAL USE CLASSIFICATION Industrial Light industrial C P D.1 Heavy industrial C D USE CLASSIFICATIONS, CATEGORIES, AND TYPES A. PURPOSE This section is intended to provide a systematic framework for identifying, describing, categorizing, consolidating, and distinguishing land uses to determine how a specific land use activity, or combination of activities, is to be considered when applying the principal use table and other provisions in this Ordinance. B. ORGANIZATION OF USES Section , Use Classifications, Categories, and Types, organizes principal uses by use classifications, use categories, and use types to provide a systematic basis for identifying, describing, categorizing, consolidating, and distinguishing land uses to determine whether a specific use is permitted in a particular zoning district. 1. Use Classifications The use classifications identify broad classifications of land use and include residential uses, institutional uses, commercial uses, and industrial uses. Use classifications are further broken down into a series of general use categories and specific use types. 2. Use Categories The use categories describe the major sub-groups of the respective use classifications and are based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. For example, the Residential Use Classification is divided into the Household Living and Group Living use categories. Use categories are further broken down into a series of individual use types. 3. Use Types The specific use types are included in the respective use category. They identify the specific principal uses that are considered to fall within characteristics identified in the use category. For example, single-family detached dwellings, duplex dwellings, multi-family dwellings, manufactured homes, and upper-story residential are use types in the Household Living use category. 4. Developments with Multiple Principal Uses 4-5

135 ARTICLE USE STANDARDS Section Principal Use Table Subsection B. Organization of Uses When all principal uses of a development fall within one use category, the entire development is assigned to that use category. When the principal uses of a development fall within different use categories, then each principal use is classified in the applicable use category and each use is subject to applicable regulations for that use category. Developments with multiple principal uses, such as shopping centers, shall incorporate only those use types allowed in the applicable zoning district. 5. Table Organization The characteristics, use types, and exceptions of each of the use categories Table G, Principal Use Table, are listed in the following tables. Table , Use Classification, below shows how the information is organized. TABLE : USE CLASSIFICATION 1. Characteristics: Listing of use category characteristics 2. Use Types: Use type description A. USE CATEGORY a. Use type i. Major/Minor use type Major/minor use type description 3. Exceptions: Listing of uses that are not included in the use category 4-6

136 ARTICLE USE STANDARDS Section Residential Use Classification Subsection B. Organization of Uses RESIDENTIAL USE CLASSIFICATION Table , Residential Use Classification, sets out the use categories and use types included in the residential use classification in Table G, Principal Use Table. Table describes the characteristics of the household living and group living categories and defines the use types included within each use category. A. HOUSEHOLD LIVING TABLE : RESIDENTIAL USE CLASSIFICATION 1. Characteristics: Household Living includes use types that provide for the residential occupancy of a dwelling unit by a household. Accessory uses commonly associated with household living are recreational activities, raising of pets, hobbies, and parking of the occupants vehicles. 2. Use Types: a. Single-family detached dwelling b. Duplex c. Triplex d. Quadplex e. Townhouse f. Multi-family g. Upper-story residential h. Manufactured home A dwelling containing one dwelling unit that is occupied by one family and that is not physically attached to any other principal structure on an individual lot. This term includes modular homes. For regulatory purposes, this term does not include manufactured dwellings, recreational vehicles, or other forms of temporary or portable housing. A single structure comprised of two dwelling units that share common vertical walls or horizontal floors/ceilings. Duplex dwellings shall be on a single lot and dwelling units may be sold separately from the land they are located on. A single structure comprised of three dwelling units that share common vertical walls or horizontal floors/ceilings located on a single lot. Dwelling units may be sold separately from the land they are located on. A single structure comprised of four individual dwelling units that share common vertical walls or horizontal floors/ceilings located on a single lot. Dwelling units may be sold separately from the land they are located on. A single-family dwelling unit located on its own lot. The dwelling unit may or may not be connected to adjacent single-family dwellings as part of a single cohesive structure. Individual lots may or may not have required yards or setbacks, and are surrounded by a larger parcel owned in common or by the developer. A dwelling comprised of five or more dwelling units that share common vertical walls or horizontal floors/ceilings (or both) that are not on individual lots. Examples include apartments and condominiums. A dwelling unit located on a floor above a nonresidential use. A dwelling constructed after June 15, 1976 that is composed of one or more components, each of which was substantially assembled in a 4-7

137 ARTICLE USE STANDARDS Section Residential Use Classification Subsection B. Organization of Uses B. GROUP LIVING TABLE : RESIDENTIAL USE CLASSIFICATION i. Manufactured home park manufacturing plant and designed to be transported on its own chassis. It bears a valid seal indicating conformance with the construction standards promulgated by the US Department of Housing and Urban Development that were in effect at the time of its construction. Homes similar to a manufactured home but constructed prior to June 15, 1976 are referred to as mobile homes. A use comprised of two or more manufactured homes where one or more homes are located on leaseholds, not individual lots. Manufactured home parks may include shared laundry, recreation, and solid waste collection facilities. 1. Characteristics: Group Living includes use types that provide for the residential occupancy of a building by a group. The occupancy of the building may be larger than found in Household Living. Tenancy is arranged on a monthly or longer basis. Generally, group living development has a common eating area for residents. The residents may receive care, training, or treatment. Accessory uses may include recreational facilities, dining facilities, and parking of vehicles for occupants and staff. 2. Use Types: A home with support and supervisory personnel that provides room and board, personal care, and habilitation services in a family environment for residents with disabilities. The definition does not a. Group home include hospitals, rest homes, nursing homes, boarding homes, homes for orphans or aged, subacute-care detoxification centers, or halfway house/mainstreaming facilities. 3. Exceptions: a. Nursing facilities are considered as Health Care uses. 4-8

138 ARTICLE USE STANDARDS Section Institutional Use Classification Subsection B. Organization of Uses INSTITUTIONAL USE CLASSIFICATION Table , Institutional Use Classification, sets out the use categories and use types included in the institutional use classification in Table G, Principal Use Table. Table describes the characteristics of the day care, education, government, health care, institutions, parks and open space, and utilities categories and defines the use types included within each use category. A. DAY CARE B. EDUCATION C. GOVERNMENT TABLE : INSTITUTIONAL USE CLASSIFICATION 1. Characteristics: The Day Care Use Category includes use types that provide care, protection, and supervision for children or adults on a regular basis away from their primary residence, and for less than 24 hours a day. Care can include education and development activities. Care can be provided during daytime or nighttime hours. Accessory uses include offices, food preparation, recreation areas, and parking. 2. Use Types: a. Day care A facility, other than an occupied dwelling, that provides for the care of more than five preschool age, or a combination of preschool and school age children under 13 years of age totaling nine or more, or nine or more adults, who do not reside in the facility, at least once per week for at least four hours, but less than 24 hours per day. 3. Exceptions: Home day care is considered an accessory use. Drop-in or short-term day care provided in connection with employment or at a shopping center, recreational facility, religious institution, hotel, or other principal uses are not considered in the Day Care Use Category. 1. Characteristics: The Education Use Category includes use types that provide for all levels of public and private education. Examples include elementary, secondary, post-secondary, technical, and specialized instructional schools. Accessory uses to educational facilities may include offices, play areas, cafeterias or other food service, sports facilities, auditoriums, parking, and before- or after-school care. 2. Use Types: a. Educational facility An elementary, middle, or high school, postsecondary educational facility, or vocational school. 3. Exceptions: a. An establishment which provides instruction in music or the arts, or which provide private tutoring services, is considered as Personal Services. b. An establishment which provides instruction or training in sports is considered as Recreation/Entertainment. 1. Characteristics: The Government Use Category includes types that provide for the general operations and functions of local, state, or federal governments as well as use types that provide public safety services to the general public. Example use types include government operations or maintenance facilities, government offices, civil defense facilities, fire and EMS facilities, police 4-9

139 ARTICLE USE STANDARDS Section Institutional Use Classification Subsection B. Organization of Uses D. HEALTH CARE TABLE : INSTITUTIONAL USE CLASSIFICATION stations, substations for fire and police, fire training facilities, police firing ranges, and correctional facilities. Accessory uses include offices, teaching facilities, meeting areas, lunch rooms and cafeterias, sleeping quarters, storage, parking, maintenance facilities, fueling facilities, and communications equipment. 2. Use Types: a. Government facility, major b. Government facility, minor Any government facility which includes outdoor storage or the storage and operation of emergency vehicles. A government facility that does not include outdoor storage or the storage and operation of emergency vehicles. 3. Exceptions: a. Parking lots and structures owned and operated by the government are considered Commercial Parking. b. Wastewater treatment plants, potable water treatment plants, utility substations, water towers and other similar facilities are considered Utilities. 1. Characteristics: The Health Care Use Category includes use types that provide medical or surgical care and treatment to patients as well as laboratory services and housing and care for the elderly or disabled. Accessory uses may include offices, laboratories, laundry facilities, teaching facilities, meeting areas, cafeterias, parking, maintenance facilities, housing for staff or trainees, and limited accommodations for family members. 2. Use Types: a. Health care facility, major A health care facility with more than 5,000 square feet of gross floor area. E. INSTITUTIONS b. Health care facility, minor A health care facility with 5,000 square feet of gross floor area or less. 3. Exceptions: a. A use type that involves provision of residential care for the elderly is classified as an Institution. b. A use type that provides exclusive care and planned treatment or training for psychiatric, alcohol, or drug issues, where patients are residents and participants in a program are classified as a Group Home. 1. Characteristics: The Institutions Use Category includes use types that provide a variety of facilities, including buildings that provide meeting areas for religious activities, display of art or artifacts, the offering of books or other reading materials for on-site use or loan, and civic or fraternal club activities. Accessory uses include school facilities, limited medical treatment facilities, kitchens/cafeterias, recreation areas, offices, meeting rooms, parking, and staff residences. 2. Use Types: a. Institution, major An institution with more than 3,000 square feet of gross floor area, or seating for more than 100 persons. b. Institution, An institution with 3,000 square feet of gross 4-10

140 ARTICLE USE STANDARDS Section Institutional Use Classification Subsection B. Organization of Uses TABLE : INSTITUTIONAL USE CLASSIFICATION minor floor area or less. F. PARKS & OPEN SPACE I. UTILITIES 1. Characteristics: The Parks and Open Space Use Category includes use types that focus on open space areas largely devoted to natural areas or outdoor recreation and that tend to have few structures. Example use types include botanical gardens, parks, community gardens, public recreational facilities, and beach access areas. Accessory uses may include club houses, recreational structures, statuary, fountains, maintenance facilities, concessions, parking, and boardwalks. 2. Use Types: a. Parks & open spaces A facility used for recreation or exercise, or a land area intended to enhance enjoyment of natural features, specifically excluding commercially operated amusement parks. 3. Exceptions: a. Private golf courses are classified as Recreation/Entertainment. 1. Characteristics: The Utilities Use Category includes both major and minor utilities as well as wireless telecommunications facilities. Major utilities are infrastructure services that provide regional or community-wide service. Minor utilities are neighborhood or subdivision infrastructure services that need to be located in or near the neighborhood or subdivision where the service is provided. Communication or broadcasting facilities and wireless telecommunication facilities are also types of utilities. Services may be publicly or privately provided. Accessory uses may include offices, parking, monitoring, storage areas, or data transmission equipment. 2. Use Types: A utility providing regional or community-wide service that normally entails the construction of new buildings or structures. Examples a. Utilities, major include potable water treatment plants, electrical generation plants, utility equipment and storage yards, and wind and energy facilities. A utility providing a localized service or network function that is small in scale and impact. Examples include natural gas border b. Utilities, minor stations, utility substations, water towers, pump stations, stormwater management facilities, and telephone exchanges. A facility engaged in the transmission or reception of wireless communication signals, c. Wireless including but not limited to free-standing telecommunications towers, antennas, and associated equipment. facility, major Accessory uses may include parking areas, outdoor storage, and fencing. d. Wireless telecommunications facility, minor The location or collocation of wireless telecommunications equipment (such as antennas, transmission cabling, and 4-11

141 ARTICLE USE STANDARDS Section Institutional Use Classification Subsection B. Organization of Uses TABLE : INSTITUTIONAL USE CLASSIFICATION equipment) on an existing telecommunications tower, building, or other vertical projection. Minor facilities also include stealth installations designed to appear as something other than a free-standing tower (e.g., a palm tree, clock tower, flag pole, etc.) as well as the equipment associated with a distributed antenna system. 3. Exceptions: a. Distribution poles, transmission poles, ground-based electrical/telephone/cable vaults, and transmission lines are exempt from this Ordinance. 4-12

142 ARTICLE USE STANDARDS Section Commercial Use Classification Subsection B. Organization of Uses COMMERCIAL USE CLASSIFICATION Table , Commercial Use Classification, sets out the use categories and use types included in the commercial use classification in Table G, Principal Use Table. Table describes the characteristics of the adult entertainment, animal care, automotive, eating establishment, maritime, office, parking, personal services, recreation/entertainment, retail sales, and accommodations and defines the use types included within each use category. TABLE : COMMERCIAL USE CLASSIFICATION 1. Characteristics: The Adult Entertainment Use Category includes use types that sell, distribute, or present material or feature performances or other activities that emphasize the depiction or display of specified sexual activities or specified anatomical areas as defined by the North Carolina General Statutes. 2. Use Types: An adult entertainment use is a commercial A. ADULT establishment involved in the provision of ENTERTAINMENT services, entertainment, or sales of goods at retail intended solely for consumption by persons over a. Adult the age of 18. Adult entertainment means adult entertainment arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or any combination of the foregoing. 1. Characteristics: The Animal Care Use Category is characterized by uses related to the provision of medical services and treatment to animals, including veterinary services, animal hospitals and the boarding of animals related to the provision of these services. Examples of Animal Care use types include animal shelters, animal grooming, kennels (outdoor and indoor), animal hospitals, and veterinary clinics. 2. Use Types: B. ANIMAL CARE C. AUTOMOTIVE a. Animal care, major b. Animal care, minor Animal care uses that include overnight medical care, have outdoor kennels, runs, or exercise areas, or include 3,000 or more square feet of floor area. Animal care uses that do not include outdoor kennels, runs, or exercise areas, overnight medical facilities, or are less than 3,000 square feet in floor area. 1. Characteristics: The Automotive Use Category includes use types involving the direct sale; rental; storage; and servicing of automobiles, trucks, motorcycles, recreational vehicles, and other consumer motor vehicles intended to transport persons or goods over land, whether for recreation, commerce, or personal transport. Accessory uses may include offices, sales of parts, maintenance facilities, parking, outdoor display, and vehicle storage. 2. Use Types: a. Automotive, major Establishments engaged in vehicle sales, rental, storage, towing, and major repair such as transmission, engine repair, bodywork, and repainting. 4-13

143 ARTICLE USE STANDARDS Section Commercial Use Classification Subsection B. Organization of Uses D. BAR E. EATING ESTABLISHMENT F. MARITIME TABLE : COMMERCIAL USE CLASSIFICATION Establishments that are primarily engaged in washing cars, tire sales, minor repair such as b. Automotive, minor diagnostic work, lubricating, wheel alignment and inspections, but no vehicle sales or rental. 3. Exceptions: a. Auto parts and supply sales are considered Retail Sales. b. Sales of fuel are considered Retail Sales. 1. Characteristics: The Bar Use Category includes use types primarily devoted to the sale of alcoholic beverages for on-site consumption, where the sale of food is incidental or does not take place. Activities may include dancing or other forms of entertainment such as billiard tables, darts, or karaoke as well as live performances. 2. Exceptions: a. Live performances of an adult nature are considered adult entertainment. b. Establishments where food prepared for on-site consumption is the primary product offered for sale are considered eating establishments. 1. Characteristics: The Eating Establishment Use Category includes use types that prepare and sell food and beverages for immediate or direct on- or off-premise consumption. Examples include restaurants with indoor and outdoor seating, bars or nightclubs, restaurants with drive-through service, and specialty eating establishments (ice cream parlors, bakery shops, dessert shops, juice or coffee houses). Accessory uses may include a bar or cocktail lounge associated with the establishment, decks and patios for outdoor seating, drive-through facilities, facilities for live entertainment or dancing, customer and employee parking areas, and valet parking facilities. 2. Use Types: a. Eating establishment, major b. Eating establishment, moderate c. Eating establishment, minor An eating establishment with a drive-through, a bar, or with more than 150 seats (including outdoor seating), or with 4,000 feet of floor area, or more. An eating establishment with no drive through, carry-out service, with more than 50 but less than 150 seats, or with 3,000 of floor area or more. An eating establishment with no drive-through, walk-up only service, 50 or fewer seats (including outdoor seating), or 2,000 feet of floor area or less. 3. Exceptions: a. Sales of food solely for off-site consumption are considered Retail Sales. 1. Characteristics: The Maritime Use Category includes use types devoted to the sales, rental, repair, storage, or outfitting of boats, jet skis, or other motorized water craft as well as the trailers used in their transport. Accessory uses may include fuel sales, temporary storage facilities (within or out of the water), areas for testing, lessons or training in the use of watercraft, office facilities, and customer and employee parking. 2. Use Types: 4-14

144 ARTICLE USE STANDARDS Section Commercial Use Classification Subsection B. Organization of Uses G. OFFICE TABLE : COMMERCIAL USE CLASSIFICATION a. Maritime, major b. Maritime, minor c. Marina Class A Class B Class C 3. Exceptions: Uses involved in the construction and repair of boats, water craft, engines, and trailering devices. Uses involved in the sales, rental, maintenance, cleaning, and temporary storage of boats, watercraft (including non-motorized watercraft), and trailering devices (but not the servicing of engines). A marina which exists as an accessory to or in conjunction with a commercial use. Hotels, motels, condominiums, condotels, inns, and dwellings containing three or more units with boat slips that are not associated with a unit by declaration are considered to be a commercial use. A marina which exists as an accessory to a mobile home park or a condominium complex or a dwelling containing three or more units in which boat slips are associated with a dwelling by declaration and may not be rented, leased or sold separately. A marina which exists as the only use of the parcel. A Class C marina is a "stand alone" marina which may include accessories to a marina including the following: Convenience stores, fuel sales, oil sales, the sale of convenience items, maintenance areas and repair shops, boat painting areas, mechanic areas, motor vehicle and/or watercraft sales, storage buildings, storage units, trailer parking, fish cleaning stations, trash receptacles/dumpsters, offices, limited residential areas, dry stacks, accessories to dry stacks, and boat launching stations. A Class C Marina is capable of storing more than three boats that are not associated with a dwelling by declaration and are not an accessory to another commercial use. a. Long term storage of boats is considered Light Industrial. 1. Characteristics: The Office Use Category includes use types that provide for activities that are conducted in an office setting and generally focus on business, professional, or financial services. Examples include offices for conducting the affairs of a general business establishment, financial services or sales of real estate or other personal property, investment banking, stock brokerage, investment services, real estate sales, offices for lawyers, accountants, engineers, and similar professions. Accessory uses may include cafeterias, day care facilities, recreational or fitness facilities, parking, or other amenities primarily for the use of employees in the office. 2. Use Types: 4-15

145 ARTICLE USE STANDARDS Section Commercial Use Classification Subsection B. Organization of Uses H. PARKING I. PERSONAL SERVICES TABLE : COMMERCIAL USE CLASSIFICATION An office with more than 5,000 square feet of gross floor area, or one that is devoted to the provision of on-site services to visitors or patrons. a. Office, major Examples include doctor s offices, dentist s offices, chiropractors, and other establishments that are open to and frequented by members of the general public. An office with between 3,000 and 5,000 square b. Office, moderate feet of floor area. An office with less than 3,000 square feet of gross c. Office, minor floor area. 3. Exceptions: a. An office that is part of and located with a principal use in another use category is considered accessory to the establishment s primary activity. A headquarter office that is located in conjunction with or adjacent and related to a principal use in another use category and on the same site is considered part of the other use category. b. Contractors and others who perform services off-site are included in the Offices use category if equipment and materials are not stored outside and no fabrication, service, or similar work is carried on at the site; otherwise they are considered as Light Industrial. c. Government offices are considered as Government Facilities. d. Banks, saving and loans, or credit unions are considered as Personal Services. e. Medical care facilities, including doctor and dental offices, are considered Health Care. 1. Characteristics: The Parking Use Category includes use types that provide parking lots and parking structures that are not accessory to a specific principal use. A fee may or may not be charged for the right to park at the facility. A parking facility that provides both accessory parking for a specific principal use and regular fee parking for persons not connected to the principal use is also classified as Parking. Accessory uses may include small shelters for parking attendants. 2. Use Types: a. Parking, commercial A parking lot or structure on a site or portion of a site dedicated to vehicular ingress and egress, offstreet parking, parking aisles, internal travel ways, fire lanes, and other areas dedicated to vehicular use, but not necessarily including vehicular storage areas. This definition includes parking garages and deck parking. 3. Exceptions: a. Parking facilities that are accessory to a principal use, even if the principal use leases the parking lot, are considered as an accessory use. b. Parking structures located on a lot with nonresidential, residential, or mixed use development are considered as an accessory use. 1. Characteristics: The Personal Service Use Category is characterized by use types related to the provision of services or product repair for consumers. Personal services use types meet frequent or recurrent service needs of a personal nature, including 4-16

146 ARTICLE USE STANDARDS Section Commercial Use Classification Subsection B. Organization of Uses J. RECREATION/ ENTERTAINMENT TABLE : COMMERCIAL USE CLASSIFICATION the repair of small personal items such as shoes, watches, jewelry, and clothing. Examples include laundromats, massage therapy and day spas, gymnasiums, fitness centers, banks, savings and loans, credit unions, photography studios, funeral homes and crematoriums, mailing or packaging services, photocopy services, print shops, barber/beauty shops, and tanning and nail salons. 2. Use Types: a. Personal services, major b. Personal services, minor c. Tattoo/body piercing establishment 4-17 A personal services establishment with more than 3,000 square feet of gross floor area. A personal services establishment with 3,000 square feet of gross floor area or less. An establishment whose principal business activity is the inserting of permanent markings or coloration, or the producing of scars, upon or under human skin or the creation of an opening in the body of a person so as to create a permanent hole for the purpose of inserting jewelry or other decoration. 3. Exceptions: a. Travel agencies are considered Offices. b. Repair of automobiles, jet skis, or other motorized vehicles is considered Automotive, Major. 1. Characteristics: The Recreation/Entertainment Use Category is characterized by use types that provide recreational, amusement, and entertainment opportunities that are commercial in nature. 2. Use Types: a. Commercial recreation, indoor b. Commercial recreation, outdoor c. Event venue A commercial use that is typically indoors and that provides recreational, amusement, and entertainment opportunities. Examples include billiards, bowling, dance clubs, dinner theaters, fortune tellers, skating rinks, movie theaters, coinoperated games. A commercial facility that is typically outdoors and that provides entertainment, recreational, and amusement opportunities. Examples include water parks, mazes, and miniature golf. A commercial establishment and associated grounds engaged in the hosting and production of pre-planned events like weddings, corporate parties, or reunions. Typical accessory uses include kitchens or meal preparation space, limited overnight accommodations, photography studios, facilities to accommodate live or recorded music, on- and off-site parking, and outdoor recreation facilities. 3. Exceptions: a. Athletic facilities that are owned and maintained by a governmental department or agency, including public golf courses, are considered Open Space.

147 ARTICLE USE STANDARDS Section Industrial Use Classification Subsection B. Organization of Uses TABLE : COMMERCIAL USE CLASSIFICATION 1. Characteristics: The Retail Sales Use Category includes use types involved in the sale, lease, or rent of new or used products to the general public. Accessory uses may include offices, storage of goods, limited assembly, processing, or repackaging of goods for on-site sale, concessions, ATM machines, and parking. 2. Use Types: a. Retail sales, major A retail sales establishment that includes a drivethrough, or more than 5,000 square feet of floor area. K. RETAIL SALES b. Retail sales, moderate c. Retail services, minor A retail sales establishment that does not include a drive-through and is between 3,000 and 5,000 square feet in floor area. A retail sales establishment that does not include a drive-through and is less than 3,000 square feet in floor area. 3. Exceptions: a. Repair and service of automobiles, motorcycles, and light and medium trucks are considered as Automotive. b. Bars, nightclubs, and similar establishments, as well as bakeries are considered Eating Establishments. c. An establishment that provides financial, professional or business services in an office setting are considered Office. d. An establishment that involves the sale, distribution, or presentation of materials or activities emphasizing sexually explicit content are considered Adult Entertainment. 1. Characteristics: The Visitor Accommodations Use Category includes use types that provide lodging units or space for short-term stays for rent, lease, or interval occupancy, such as hotels. Accessory uses may include pools and other recreational facilities, limited storage, restaurants, bars, supporting commercial, meeting facilities, offices, and parking. 2. Use Types: L. VISITOR ACCOMMODATIONS a. RV park b. Visitor accommodations, major b. Visitor accommodations, minor An establishment which provides space for the accommodation of recreational vehicles (RVs) or campers. A visitor accommodations establishment with greater than seven rooms A visitor accommodations establishment with at least two and no more than seven rooms offered for rent on a short-term basis (maximum 14 days). This includes bed and breakfast homes, in which visitor accommodations are offered in structures originally built to serve as private residences INDUSTRIAL USE CLASSIFICATION 4-18

148 ARTICLE USE STANDARDS Section Industrial Use Classification Subsection B. Organization of Uses Table , Industrial Use Classification, sets out the use categories and use types included in the industrial use classification in Table G, Principal Use Table. Table describes the characteristics of industrial use category and defines the light industrial and heavy industrial use types. A. INDUSTRIAL TABLE : INDUTRIAL USE CLASSIFICATION 1. Characteristics: The Industrial Use Category involves the production, processing, or assembly of finished or partially finished goods, seafood, as well as the production of motion pictures and sound recordings. Such uses also include the long term storage of vehicles, including boats. 2. Use Types: Uses that include short term and long term storage of goods, including personal items in self-storage a. Light industrial facilities, boats (including dry storage), and vehicles. Also includes uses involved in the production of motion pictures and sound recordings. b. Heavy industrial Uses engaged in the packing and processing of seafood and sea-related products. Accessory uses include cold storage, packing, and shipping facilities. 4-19

149 USE-SPECIFIC STANDARDS A. RESIDENTIAL USES 1. Household Living ARTICLE USE STANDARDS Section Use-Specific Standards Subsection A. Residential Uses a. Duplex Dwellings Duplex dwelling units shall not be located on individual lots. b. Manufactured Home Parks i. Design and Configuration All manufactured home parks shall comply with the following design requirements: a). Minimum Park Area A manufactured home park shall maintain a minimum area of at least one acre. b). Minimum Setbacks for the Manufactured Home Park The manufactured home park shall comply with all front, rear and side setback requirements of the zone in which the park is located. c). Minimum Setbacks for Individual Home Spaces The minimum setbacks for a manufactured home space shall be as follows. The minimum setback lines shall be measured from the nearest portion of any manufactured home and the structural additions thereto (such as porches, patios, and steps), and accessory or outbuildings located within the boundaries of the manufactured home space. i). Minimum front yard setback: ten feet. ii). Minimum side yard setback: five feet. iii). Minimum rear yard setback: five feet. d). Minimum Spacing between Homes Manufactured homes in manufactured home parks existing as of February 22, 2000, shall be spaced so as to comply with the following e). minimum requirements: i). At least eight feet of separation between the walls of separate manufactured homes, or their accessory structures, measured side to side, end to side, and structure to structure; however, accessory structures to a manufactured home composed of non-combustible material (i.e., concrete steps, etc.) may be separated from other manufactured homes or their accessory structures by a minimum of six feet. Driveways, Access Roads, and Parking Manufactured homes shall comply with the following roadway and parking standards: i). Minimum interior street right-of-way: 22 feet. ii). Minimum parking spaces per manufactured home: two offstreet parking spaces per manufactured home space. iii). Parking space configuration: at least nine feet by 18 feet each. iv). All parking spaces shall be within the manufactured home space for which the parking is provided. v). All accessory buildings or outbuildings shall be located upon the manufactured home space so as to not protrude past that portion of the manufactured home which is nearest the public street or access street to said manufactured home and shall not be located within that portion of the yard which would 4-20

150 ARTICLE USE STANDARDS Section Use-Specific Standards Subsection A. Residential Uses f). g). h). i). commonly be referred to as the front yard. Fire Standards All manufactured home parks and manufactured homes located within manufactured home parks must comply with the National Fire Code Standard for Fire Safety Criteria for Mobile Home Installations, Sites, and Communities (NFPA 501A). Maximum Lot Coverage The amount of land coverage of manufactured homes accessory buildings and non-pervious material such as, but not limited to, concrete and asphalt paving shall not exceed 40 percent of the total area of the manufactured home park. Water Supply, Sewerage, Electricity, Lighting, Solid Waste Collection, and Drainage i). ii). iii). iv). v). vi). vii). viii). Each manufactured home space within the manufactured home park shall be connected to an approved water and sewer facility. Such connections and facilities shall be approved by the appropriate local or state agency as required. All electrical wiring in a manufactured home park shall be installed in accordance with the National Electrical Code in effect at the time of the installation and shall be approved only by the electrical inspector of the Town. Electrical distribution lines shall be installed underground. The point of electrical connection for a manufactured home shall be within an area of the manufactured home stand and approximately 40 feet from the front of the manufactured home and approximately four feet from either side of the manufactured home. Where other utilities and fixtures prevent the location of electrical connections in accordance with these standards, then electrical connections shall be made with due regard to uniformity, safety, and convenience. Adequate exterior lighting shall be provided for all streets. Solid waste collections will be made in accordance with the Town collection policies. All solid waste containers shall be rodent proof and waterproof and shall have a tight fitting lid. Manufactured home parks shall be kept free of all trash, cans, jars, buckets, old tires, junk automobiles, and other items that may hold water and provide breeding places for mosquitoes and homes for rodents. All manufactured home parks shall provide an adequate storm drainage system to provide for proper runoff of stormwater. At no time shall a drainage system be constructed so as to permit the freestanding of water; however, this shall not prohibit dry ponds as a method of control of drain water if approved by the appropriate agency having jurisdiction. Manufactured Home Stands and Anchors i). All manufactured homes shall be secured to the ground in conformity with all State or Town codes relating to wind or weather. ii). The manufactured home space shall be improved so as to provide an adequate area for placement and anchoring of a manufactured home; thereby securing the structure against uplift, sliding, rotating, and/or overturning during high winds. 4-21

151 ii. ARTICLE USE STANDARDS Section Use-Specific Standards Subsection A. Residential Uses iii). The manufactured home may be placed upon a foundation constructed of concrete. iv). The anchors used to secure and tie down manufactured homes shall be four feet long with six-inch screws or such other size as subsequently required by applicable wind or building codes. j). Structural Additions i). No structural additions may be added to a manufactured home within a manufactured home park until a building permit has been obtained from the Town. All structural additions shall comply and conform to the State Building Code. ii). All structural additions shall be removed within 30 days after the subject manufactured home is moved, unless attached to another manufactured home on the same site within that thirty-day period. Operating Standards The following operating standards shall be conditions to any conditional use permit to operate a manufactured home park and as such must be maintained in order to qualify for a permit renewal. a). Manufactured Home Sales in Manufactured Home Parks It shall be unlawful to conduct on a commercial basis the sale of manufactured homes or travel trailers within a manufactured home park. b). Manufactured Home Equipment Each manufactured home shall have a flush toilet, lavatory, bathtub or shower, cooking facilities and electric wiring and shall be required to connect with the utilities provided at each manufactured home space. c). Solid Waste Disposal All garbage and solid waste in every manufactured home park shall be stored in a suitable dumpster which shall be kept covered with closely fitting covers. The size and type of all garbage receptacles shall be in conformance with Town standards. No person shall throw or leave garbage or solid waste upon the ground of any manufactured home park. It shall be the duty of the manufactured home park operator to make certain that all garbage and solid waste is regularly disposed of in a sanitary manner. d). Health Regulations All applicable health regulations shall apply to manufactured home parks within the jurisdiction of the Town except where such regulations are in conflict with the provisions of this section, in which case the more restrictive provisions shall apply. e). Tiedowns The owner of the manufactured home park shall be responsible to see that each manufactured home parked within the manufactured home park is properly tied down. f). Fire Prevention and Detection In addition to many fire prevention regulations of the Town, the following shall apply: i). The operator of a manufactured home park is responsible for informing each park resident of the location of the nearest alarm box if any, the location of an accessible telephone and the telephone number to be used to report fires, and 4-22

152 ARTICLE USE STANDARDS Section Use-Specific Standards Subsection A. Residential Uses procedures to be followed in case of a fire. ii). The park owner shall install a fire extinguisher labeled as suitable for Class A, B, and C fires and a type approved by the Fire Department in each building open to the public and in the park office. The park staff shall be instructed in the proper use of any fire protection equipment available in the park and their specific duties in the event of fire shall be defined. iii). The park owner or operator shall maintain the park area free of rubbish, dry brush, leaves, weeds, and any other materials which might communicate fires between manufactured homes and other buildings. iv). Empty liquified petroleum gas containers and other objects and materials not approved by the Fire Department shall not be stored under manufactured homes. v). The manufactured home park owner shall be responsible for payment of any applicable fee if the Fire Department is called upon. c. Multi-Family Multi-family developments of five or more dwelling units shall provide on-site private common open space in amount equavalent to 200 squre feet per dwelling unit, subject to the following standards: i. Common Open Space Distinguished Private common open space shall be organized into active recreation features and passive recreation features. ii. Amount Required Multi-family development subject to this section shall ensure that at least 50 percent of the square footage devoted to private common open space is devoted to active recreation features. Nothing shall prohibit the provision of more than 50 percent of the required private common open space as active recreation areas. iii. Active Recreation Features The following elements are considered as active recreation features: a). Club houses; b). Swimming pools and interactive water features (e.g. splash pads ); c). Spas and fitness centers; d). Athletic courts, fields, or tracks; and e). Playgrounds. iv. Passive Recreation Features The following elements are considered as passive recreation features, and are not considered as active recreation features: a). Walking trails, boardwalks, pathways, and greenways; b). Greens and grassy areas (including septic drain fields and reserve areas); c). Picnic and seating areas; and d). Plazas and gathering spaces. v. Features Not Counted As Open Space The following features shall not be credited towards open space requirements: a). Private yards on other lots; b). Required yards located between lot lines and setback boundaries; c). Public or private street right-of-way or common area; 4-23

153 vi. d). e). f). g). h). ARTICLE USE STANDARDS Section Use-Specific Standards Subsection B. Institutional Uses Parking areas, including overflow parking areas; Required landscaping areas; Stormwater management devices or areas; Outdoor storage areas; or Land covered by buildings not devoted to recreational purposes. Private Common Open Space Configuration a). At least 75 percent of active recreation areas shall be located in one contiguous area. b). Open space areas shall be accessible by residents and users of the development by means of a street or a five-foot-wide all-weather walkway located within an easement of at least ten feet in width. d. Quadplex Dwelling Quadplex dwelling units shall not be located on individual lots. e. Triplex Dwelling Triplex dwelling units shall not be located on individual lots. 2. Group Living a. Group Home A group home shall not be located within 1,000 linear feet of an existing group home. B. INSTITUTIONAL USES 1. Day Care a. Child Day Care Centers Child day care centers shall comply with the following standards: i. Licensing A child care facility shall be licensed by the Carteret County Health Department and the NC Division of Child Development. ii. Vehicle Circulation In addition to the requirements of Section , Off-Street Parking and Loading, 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. iii. Recreational Facilities Outdoor recreational facilities shall be located in the rear yard. iv. Landscaping The use shall provide at least one shade tree per one thousand square feet of outdoor play or activity area in addition to all other forms of required landscaping. v. 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 lot line. vi. Hours of Operation Child care centers adjacent to residential areas shall not operate between the hours of 7:00 p.m. and 6:00 a.m. 2. Health Care a. Nursing Homes A nursing home shall be subject to the following standards: i. No building shall be located closer than 40 feet to any lot line which abuts a residential district. 4-24

154 ii. iii. iv. ARTICLE USE STANDARDS Section Use-Specific Standards Subsection B. Institutional Uses The use shall provide a Type D perimeter buffer adjacent to all lot lines abutting a residential use. There shall be at a minimum 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 development. v. All structures shall be built to a residential scale consistent with the surrounding neighborhood. 3. Institutions a. Places of Worship Places of worship shall be subject to the following standards: i. There shall be at a minimum 50 feet of road frontage. ii. The proposed parking facilities shall be set back at least 25 feet from adjacent residential uses. iii. Off-street parking areas shall be surfaced and maintained to provide a durable, dust-free surface and shall provide adequate drainage facilities for disposal of all collected surface water. Surfacing materials may include pavement, gravel, wood chips, pervious paving materials, or grass. b. Youth Centers Youth centers shall be subject to the following standards: i. The applicant shall be required to submit documentation proving that the management of the establishment shall be a true non-profit community, charitable, or religious organization, and that the center will have as its sole purpose the positive development of adolescents and teenagers. ii. The applicant shall further submit a written plan describing in detail the proposed activities of adolescents and teenage persons frequenting the center. The plan shall further describe in detail the adult supervision, the hours of operation, and structured activities that are to be conducted on the premises. iii. The following criteria shall apply in addition to any other applicable review criteria associated with establishing or modifying a youth center use. a). Proposes controlled and properly supervised activities intended solely for adolescents and teenaged persons; b). That adult supervision will be provided during all hours of operation on a consistent and regular basis; c). That the management will in fact be a non-profit community, charitable, or religious organization; and d). That the other requirements of the Ordinance are found to exist. 4. Utilities a. Equipment Cabinets All equipment cabinets shall be completely screened within residential districts. b. Lift Stations All lift stations shall be completely screened within residential districts. c. Wastewater Treatment Facilities Wastewater treatment facilities and wastewater treatment collection system(s) serving uses shall be subject to the following standards: i. The wastewater treatment facility and wastewater treatment collection system is in compliance with all federal, state, and local requirements. ii. The above-ground portions of the wastewater treatment facility, wastewater treatment collection system, and accessory uses shall be screened by structure(s) designed to: 4-25

155 ARTICLE USE STANDARDS Section Use-Specific Standards Subsection B. Institutional Uses a). Be architecturally consistent with the character of the surrounding community; b). Minimize the impact of any outdoor storage, temporary or permanent; and c). A solid fence may be required upon determination by the UDO Administrator. d. Telephone Switching Stations Telephone switching stations shall be subject to the following standards: i. The building shall be designed to fit in with the aesthetic character of the surrounding area. ii. No outside storage of materials shall be permitted. iii. All service equipment shall be enclosed within the utility building. iv. Any exterior generators or emergency power sources shall be muffled or enclosed within a cabinet to lessen the effects of possible noise pollution. e. Wireless Telecommunication Towers and Facilities i. Purpose This section is intended to establish general standards for the siting of wireless communications facilities that will: a). Protect residential areas and uses from potential adverse impacts of towers and antennas; b). Encourage the location of new towers in nonresidential areas; c). Minimize the total number of new towers throughout the Town; d). Foster the joint use of new and existing tower sites and the establishment of stealth towers as primary options rather than construction of additional single-use towers; e). Encourage the location of towers and antennas in areas where the adverse impact on the community is minimal; f). Encourage towers and antennas to be carefully sited, designed, and screened to minimize their adverse visual impact; g). Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; h). Consider the public health and safety concerns of communication towers and antennas; and i). Encourage the use of engineering and careful siting of tower structures to avoid potential damage to adjacent properties from tower failure. ii. Applicability A new wireless communications facility, whether a principal or accessory use, shall comply with the standards of this subsection, unless specifically exempted in accordance with Section B.4.e.iii, Exemptions. iii. Exemptions The following shall be exempt from the standards of this subsection (but shall be required to comply with other relevant standards in this Ordinance): a). Satellite dish antennas. b). Receive-only television or radio antennas for noncommercial use. c). Antennas legally operated by FCC-licensed amateur radio operators. d). Emergency communication towers owned by the town or other public agency that are used wholly or in part for public safety or emergency communication purposes. f. Major Wireless Communications Facility 4-26

156 ARTICLE USE STANDARDS Section Use-Specific Standards Subsection B. Institutional Uses A major wireless communications facility, whether a principal or accessory use, shall comply with the following standards: i. Collocation Required a). A major wireless communications facility shall not be allowed unless it is demonstrated no suitable existing major wireless communications facility, building, or other structure within the coverage area is available for the collocation of antennas. b). If allowed, a new major wireless communications facility shall be designed to accommodate the present and future needs of the owner and at least two comparable users. Unused space on an existing major wireless communications facility shall be made available to other users at a fair market rental rate unless mechanical, structural, or regulatory factors prevent collocation. In determining a fair market rental rate, the rent paid by a current collocator under a swapping agreement need not be considered. ii. Replacement of Major Wireless Communications Facilities to Expand Collocation An existing major wireless communications facility may be replaced with a new facility that increases the number of collocation opportunities, subject to the following standards: a). The height of the replacement facility shall not exceed the greater of 20 feet or 125 percent of the height of the original facility. b). The replacement facility shall be located within 100 feet of the replaced facility, unless the UDO Administrator determines that a farther distance from the existing facility is more appropriate. c). The replacement facility complies with all the standards of this subsection. iii. Height The height of a telecommunications tower, including any building or structure atop which they tower is located, shall not exceed 200 feet. iv. Setbacks A telecommunications tower shall be set back from abutting property lines a distance equivalent to: a). The overall height of the tower and all appurtenances; or b). The minimum distance necessary to ensure the tower will remain on its site, following collapse, as certified by a licensed professional engineer. v. Aesthetics a). A telecommunications tower shall: i). Either maintain a galvanized steel finish or be painted. ii). Be camouflaged with the surrounding area, through paint, incorporation into architectural design/structure, or other means, to the maximum extent practicable. b). The exterior appearance of ground-based accessory structures located in a residential district shall be designed to look like a residential structure typical of the district (e.g., with a pitched roof and frame or brick siding). vi. Lighting If lighting is required by the FAA, it shall comply with FAA standards. To the extent allowed by the FAA, strobe lights shall not be used for nighttime 4-27

157 ARTICLE USE STANDARDS Section Use-Specific Standards Subsection B. Institutional Uses lighting. Lighting shall be oriented so as not to project directly onto any land in a residential district. vii. Buffer and Screening A Type D perimeter buffer shall be provided around the perimeter of a major wireless communications facility (including equipment structures and guy anchor supports). viii. Security Fencing A tower, guy anchor supports, and ground-based equipment buildings shall be enclosed by security fencing not less than eight feet in height. ix. Interference A major wireless communications facility, antenna, or supporting equipment shall not disturb or diminish radio or television or similar reception on adjoining land in a residential district. x. Use of Associated Buildings Building and structures associated with a major wireless communications facility shall not be used as a place of work for a worker. (It is not the intent of this provision to prevent the periodic maintenance, inspection, and monitoring of equipment and instruments, or renovation of the facility.) xi. No Outdoor Storage An outdoor storage area shall not be allowed on a major wireless communications facility site. xii. Safety A tower shall comply with all applicable local, State, and Federal building codes and structural standards. xiii. Compliance with State or Federal Laws and Regulations A major wireless communications facility and antennas shall comply with or exceed current standards and regulations of the FAA, the Federal Communications Commission (FCC), and any other agency of the State or Federal government that regulates telecommunications facilities. xiv. Discontinued Use If a major wireless communications facility is not used for a period of six consecutive months, the UDO Administrator may send the owner notice indicating the facility shall be removed within 90 days from the date of notice. xv. Nonconforming Major Wireless Communications Facility A nonconforming major wireless communications facility shall be allowed to remain and be maintained in accordance with the standards in Article 18-8: Nonconformities. Additional equipment may be added to the facility provided that such additions do not increase the degree of nonconformity. Nothing shall limit the ability to increase the facility s height as part of a proposed collocation of additional antennas. g. Minor Wireless Telecommunications Facilities A minor wireless communications facility, whether a principal or accessory use, shall comply with the following standards: i. Collocation of Antennas on Wireless Communications Facilities An antenna may be collocated on an existing wireless communications facility if it complies with the following standards: a). Any modification of an existing wireless communications facility or other vertical projection to accommodate the collocation of additional antenna complies does not result in the increase in the height of the structure by 20 feet. 4-28

158 ARTICLE USE STANDARDS Section Use-Specific Standards Subsection C. Commercial Uses b). The antenna and its associated equipment comply with the safety, lighting, interference, and regulatory compliance standards for a telecommunications tower in this subsection. ii. Collocation of Antennas on an Existing Building or Other Vertical Projection An antenna may be attached to a business or multi-family residential building or other vertical projection in accordance with the following standards: a). Height The antenna shall not extend over 20 percent of the highest point of the building or projection on which it is located. b). Other Standards An antenna and associated equipment shall comply with the safety, lighting, interference, and regulatory compliance standards for a telecommunications tower included in this subsection. c). Screening i). An antenna visible from the street shall be omni-directional, screened, or camouflaged, to the maximum extent practicable, to minimize its appearance. ii). Equipment shall be located within the building or screened in some other fashion to prevent off-site views. h. Stealth Wireless Communications Facility A stealth wireless communications facility shall be designed and located to complement the surrounding landscape in accordance with the following standards: i. Design A stealth wireless communications facility shall take an alternative form than a typical wireless communications facility, including but not limited to: bell towers, clock towers, water towers, light standards, chimneys, steeples, evergreen trees, flag poles, or similar projections. ii. Setbacks A stealth wireless communications facility shall comply with the district dimensional standards. The tower portion of the facility shall be set back the height of the tower from existing single-family dwellings. iii. Ground-based Equipment Ground based equipment shall be designed, located, and camouflaged in a manner compatible with the tower-based portion of the facility. Equipment shall be located within a structure or building, to the maximum extent practicable. iv. Collocation not Required A stealth wireless communication facility is not required to be engineered for additional carrier s equipment. v. Antennas and Cables must be Concealed Antennas, cables, and related appurtenances shall be concealed from off-site views. C. COMMERCIAL USES 1. Adult Entertainment Subject to other regulations outlined within this section and in accordance with the regulations outlined within Chapter 9, Article VII of the Town of Atlantic Beach Code of Ordinances: a. Adult oriented businesses shall not be located in a building or on a premises where alcohol or alcoholic beverages are sold or in a building or on a premises that allows 4-29

159 ARTICLE USE STANDARDS Section Use-Specific Standards Subsection C. Commercial Uses alcohol or alcoholic beverages to be consumed. b. Signs are allowed, as permitted by the article, but may not include promotional displays, flashing lights, or photographs, silhouettes, drawings, or pictorial representations of any manner depicting sexual activity, themes, or nudity. c. The facade of the proposed operation shall be screened in a manner that obscures visibility of the interior to pedestrians and/or automobile traffic. 2. Automotive a. Car Washes Car washes shall comply with the following standards: i. No storage, repair, or sales of vehicles shall be allowed on the site. ii. 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. iii. Vehicle stacking shall be provided as required by Section , Off-Street Parking and Loading. 3. Eating Establishment a. Restaurants with a Drive-Through Restaurants with a drive-through must comply with the standards in Section D.4, Drive-Up and Drive-Through Facilities. 4. Taverns, Bars, and Night Clubs Taverns, bars, and night clubs shall comply with the following standards: a. The applicant must prove they have taken measures to not be injurious to adjoining property, including, but not limited to: i. Controlling and shielding of all lighting so as not to cast undue glare and light onto neighboring properties. ii. Controlling of all elements that produce noise, so as not to create nuisance conditions off-site. iii. Controlling and shielding of parking, ingress and egress, so as not to create a nuisance off-site. iv. Controlling and shielding of trash receptacles, so as not to create a nuisance off-site. b. It shall be the responsibility of the applicant to prevent its patrons from causing a disturbance on public or private property in the vicinity of the applicant's establishment. c. Live entertainment shall be permitted in bars, taverns and nightclubs. Except within the MHI district, live entertainment is permitted outdoors when associated with a tavern, bar, or nightclub Within the MHI district, outside entertainment shall be permitted only with proper event permits from the Town. d. If the building is pre-existing, repairs may not exceed 50 percent of the value of the building as listed with the Carteret County Tax Office. If the building is new, it must meet the current requirements of the district where it is located. e. All associated permits from applicable federal, state and local agencies must be submitted in conjunction with the site plan application. An exception may be granted by the UDO Administrator if Town approval is required for any such permits prior to issuance. f. An alcoholic beverage license issued by the State of North Carolina is required for establishments intending to serve alcohol. 5. Maritime a. Marinas i. Authority and Jurisdiction 4-30

160 ARTICLE USE STANDARDS Section Use-Specific Standards Subsection C. Commercial Uses ii. iii. iv. a). In order to promote the health, safety, morals, and general welfare of the community and pursuant to the provisions of Section 160A-391 of the North Carolina General Statutes, et seq., the following provisions shall govern marinas within the Town. b). Wet slips existing as an accessory to a single-family residential home or a duplex dwelling shall be regulated by the Coastal Area Management Act and shall not be subjected to these standards. c). Newly constructed marinas or marinas wishing to expand the number of boat slips or make improvements over 50 percent are subject to these provisions. Parking Parking for marina customers shall be provided for the various classes of marinas as follows: a). Class A Marina Parking must be provided to accommodate the underlying commercial use as outlined in Section , Off-Street Parking and Loading. An additional ½ parking space per boat slip shall be required on the property. b). Class B Marina In a Class B Marina boat slips are associated with the dwelling unit or mobile home and no additional parking is required outside of the requirements set forth is applicable articles for those uses. c). Class C Marina i). Parking areas to accommodate marina users and employees shall adhere to design requirements set forth in this article. ii). There shall be provided one parking space for each employee on the largest shift. iii). If the marina has a launching ramp, there shall be a minimum of two boat trailer spaces. A boat trailer space shall be a minimum of 12 feet by 38 feet with such space having access so that the vehicle pulling the trailer and the trailer will have sufficient space to park and maneuver in and out of such spaces. iv). There shall be one automobile parking space for each slip or space in the water available for storing or keeping boats. v). Additionally, there shall be provided one parking space for each 500 square feet of floor space for accessory, retail or repair buildings located on the premises. vi). Street or highway rights-of-way shall not be used for the storage of boats, trailers or automobiles. vii). Off-site parking may be used when approved by the Planning Board in its review process. Pollution Control Each marina shall comply with all regulations of the federal and state governments concerning pollution control including but not limited to applicable regulations of the Coastal Area Management Act, State and County health regulations. Dock Construction Docks, wharves, bulkheads, piers, and boat slips shall be constructed in accordance with Volume I of the State Building Code and shall comply with all 4-31

161 ARTICLE USE STANDARDS Section Use-Specific Standards Subsection C. Commercial Uses federal and state regulations concerning types of material and location of dock, piers, and piling. v. Liveaboards In no instance shall a marina or associated mooring buoys of any class include boats used as a permanent residence. vi. Dry Storage Dry storage of boats and boat related facilities shall be in accordance with the standards in Section D.1.a, Storage Facility, Self-Service. 6. Office a. Medical and Dental Care A medical or dental clinic shall comply with the following standards: i. Permitted Activities Except for medical emergency purposes, overnight facilities for patient care are prohibited. 7. Personal Services a. Dry Cleaners Dry-cleaning establishments with a drive-through must comply with the standards in Section D.4, Drive-Up and Drive-Through Facilities. b. Financial Services and Banks Financial services or banks with a drive-through must comply with the standards in Section D.4, Drive-Up and Drive-Through Facilities. 8. Recreation & Entertainment a. Amusement Centers Amusement parks and rides, including accessory uses, are subject to the following conditions: i. The use will be an enhancement to the character and sense of place of the Town, as determined by the decision-making body deciding the application. ii. The use has taken measures to not be injurious to adjoining property, including, but not limited to: a). Limiting the hours of operation; b). Limiting the heights of amusement ride structures; c). Controlling and shielding of all lighting so as not to cast undue glare onto adjoining residential uses; d). Controlling of all elements that produce noise, so as not to create nuisance conditions off-site; and e). Any addition provisions identified during review of the application. b. Event Venue Event venues shall be operated in accordance with the following standards: i. Setbacks Outdoor activity areas shall be set back from lot lines shared with a residential use by an amount at least twice the minimum rear setback for the district where the use is located. ii. Maximum Number of Guests The maximum number of guests shall be in accordance with the maximum occupancy of the principal structure as determined by the fire marshal or fire chief. iii. Hours of Operation Outdoor activities shall not take place between the hours of midnight and 7:00 AM. 4-32

162 ARTICLE USE STANDARDS Section Use-Specific Standards Subsection C. Commercial Uses iv. Lighting Exterior lighting shall not project into adjoining residential lots. Use of stadiumstyle or other pole-mounted lighting is prohibited. Lighting of accessible paths may be provided, if necessary. v. Noise The event venue must comply with noise restrictions in Chapter 11 Nuisances, of the Town Code. vi. Parking a). In cases where off-site parking is employed, the event venue shall maintain an agreement with the owner of land where vehicles are parked. b). The venue shall ensure guests may access the venue safely from offsite parking areas. c). In no instance shall vehicles be parked along streets in ways that block driveways, sight triangles, or emergency access. vii. Trash and Debris The event venue shall provide sufficient on-site trash receptacles, and shall ensure that windblown trash or other debris does not accumulate anywhere on the site. viii. Outdoor Activity Event venue uses shall demarcate the boundaries of the event venue site for guests and shall include fences, walls, or other techniques such as landscaping to ensure guests to do not inadvertently trespass on adjacent lots. ix. Emergency Access Event venues shall ensure adequate ingress and egress from all buildings and structures to accommodate emergencies. x. Accessory Accommodations An event venue may provide up to four accessory apartments on-site, whether within the principal or accessory structures, for use by guests renting the establishment. Accessory accommodations shall meet the requirements in Section D.1, Accessory Dwelling Unit. 9. Retail a. Convenience Stores Convenience stores shall comply with the following standards: i. Additional Principal Uses A convenience store may offer an additional principal use, such as an eating establishment or fuel sales. A convenience store with two or more principal uses shall comply with the standards for all of these uses. ii. Maximum Gross Floor Area A convenience store, including additional principal uses, shall not exceed 4,000 square feet of total floor area. iii. Parking for Additional Principal Uses Parking for additional principal uses shall be calculated separately to determine the total number of required parking spaces. b. Farmer s Markets Farmer s markets for general sale of fresh seasonal products shall be located in a lawfully established permanent structure and shall be limited in their hours of operation and duration of time. These uses may only be established through the conditional use permit process (see Section H, Conditional Use Permit). 4-33

163 ARTICLE USE STANDARDS Section Use-Specific Standards Subsection C. Commercial Uses c. Fuel Sales Fuel sales shall comply with the following standards: i. Location of Fuel Pump Islands Pump islands shall be a minimum of 25 feet from any road right-of-way line, 10 feet from any other lot line, and 12 feet from any principal building. Canopies over the pump islands may be located within 10 feet of a lot line. ii. Location of Fuel Tanks Gasoline and fuel storage tanks shall be located a minimum of 20 feet from any lot line or building. d. Pharmacies Pharmacies with a drive-through must comply with the standards in Section D.4, Drive-Up and Drive-Through Facilities. 10. Visitor Accommodations a. Hotels, Motels, Inns, Condominium Hotels/Condotels i. Site Area Requirements The land area necessary for the development of a hotel, motel, inn, or similar development shall be no less than one acre. Such developments shall be on a single parcel, undivided by public or private streets or rights-of-way, property lines, etc. ii. Setback Minimum setbacks for hotels, motels, inns, or condotels shall be in accordance with Table C.10.a.ii, Accommodation Setbacks: TABLE C.10.A.II: ACCOMMODATION USE SETBACKS MINIMUM FRONT SETBACK (FEET) MINIMUM SIDE SETBACK (FEET) MINIMUM REAR SETBACK (FEET) 20 [1] 10 [1] 20 [1] [2] [1] Minimum setbacks are doubled along lot lines shared with residential districts. [2] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. iii. Density/Maximum Lot Coverage The maximum number of allowed units for a hotel, motel, inn, condotel, or similar development shall not exceed 40 units per acre. iv. Height The maximum height of structures within a hotel, motel, inn, condotel, or similar development shall be limited to 55 feet. v. Recreational Area Any development designed to operate as a hotel, motel, inn, condotel, or similar development shall be required to provide outdoor recreational amenities within the development site area equivalent to a minimum of 4,000 square feet or 100 square feet per room designed for occupancy, whichever is greater. vi. Conversion of Existing Hotels/Motels to Condominium Hotel/Motel a). Any existing structure initially designed and operated as a hotel, motel, or inn, regardless of parcel size, may be converted into condominium ownership provided that all operational and density requirements of the condominium hotel/condotel provisions are met, and that the cost of 4-34

164 ARTICLE USE STANDARDS Section Use-Specific Standards Subsection C. Commercial Uses renovation to the structure not exceed 50 percent of the total structure value. b). If renovation costs exceed 50 percent of the structure value all provisions of the condotel ordinance shall be complied with. c). If the existing structure is not operated as a condotel, maximum density requirements for residential structures of the underlying zoning district shall apply. vii. Creation of and On-Going Requirements for On-Site Management The applicant shall provide details to the Town as a part of the application submittal pertaining to the on-going management of the condotel project. Each condotel project created pursuant to this section shall have or otherwise provide for an on-site management program that addresses the following: a). Details of how the rooms will be reserved by the owners and how they will be made available for transient occupancy; b). Provision of a manager to be on-site at all times; c). A description of the on-going building and grounds maintenance program. viii. Annual Audits Annually, commencing one year from the date the certificate of occupancy is issued, the management entity shall make available, upon reasonable request, all guest ledgers and receipt books to the UDO Administrator to ensure that the owner occupancy requirements set forth in this section are not exceeded. 11. Recreational Vehicle Parks a. Uses Nonconforming No new recreational vehicle parks may be established after August 28, 2017, however, existing parks established prior to August 28, 2017 may continue, subject to the standards in Article 18.8: Nonconformities, and the following. b. Temporary Only It is the intent of this section to set minimum standards for areas that are to be developed for occupancy on a temporary basis. A recreational vehicle is not considered to be a residential structure but is considered to be a vehicle in which people live temporarily. c. Suitability of Land Land subject to improper drainage, erosion, or that is for topographical or for other reasons unsuitable for recreational vehicles as determined by the UDO Administrator, shall not be developed for recreational vehicle parks so long as such would continue or increase the danger of health, safety, or property unless the hazards can be and are corrected or avoided. d. Site Development Standards i. Every recreational vehicle park shall contain at least 15 spaces and contain a gross land area of at least one acre. ii. There shall be a minimum distance of 20 feet between each recreational vehicle or structure. iii. Each space shall consist of a minimum of 750 square feet. iv. All spaces developed adjacent to a public street shall be set back a minimum of 40 feet from the street right-of-way. v. No more than one recreational vehicle may be parked on any one space. Recreational vehicles shall not be permitted on parcels, lots, or spaces other than those approved through these regulations. vi. All recreational vehicle units must be placed on individual vehicle spaces 4-35

165 ARTICLE USE STANDARDS Section Use-Specific Standards Subsection C. Commercial Uses complying with all applicable design and utility standards. e. Flooding All spaces shall be located on sites with elevations that are not susceptible to flooding and not less than 100 feet from mean high-water mark of any nearby water body. The spaces shall be graded to prevent any water from ponding and accumulating within the park. Each space shall be properly graded to obtain a reasonable flat site and to provide adequate drainage away from the space. All ditch banks shall be sloped and seeded. f. Roadways and Parking Areas i. The park shall have all-weather roads that directly abut each space. All roads shall have a minimum width of 18 feet, except that one-way roads may have a minimum width of 12 feet. In areas of heavy vehicle use, wider roads shall be required. Such streets shall be well-maintained and clearly identified. All streets within the park shall be privately-owned and maintained. Each space shall abut an internal street within the park. a). All parking within the park shall take place off the internal street within designated areas only. All internal streets within the park shall be equipped with adequate and suitable drainage facilities. b). Maintenance of all internal streets and drainage facilities shall be the responsibility of the owner of the park. Such streets shall be maintained in a manner to be free from potholes, breaks in the pavement, rough surfaces, ponding of water and associated problems which would impede or cause hazards to motor vehicles. Speed reduction bumps on paved internal streets are permissible, but they shall be painted and appropriate signs indicating the bump must be placed along the street. ii. No space shall have direct vehicular access into a public road. iii. Cul-de-sacs or dead-end roads shall not exceed 1,000 feet in length measured from the entrance to the center of the turnaround. Any road designed to be permanently closed shall have a turnaround at the closed end with a minimum diameter of 80 feet. iv. When the park has more than one direct access to a public road, they shall not be less than 300 feet apart or closer than 300 feet to a public road intersection unless unusual site conditions demand otherwise. a). Parks shall not be located on through lots unless the park is designed in a manner which does not encourage motorists from using the park as a means of travel from one public street to another. b). Parks requiring only one entrance and exit area shall provide at least one permanent turn-around within the park. All park entrances must be approved by the NC Department of Transportation. g. Accessory Structures i. Vending machines may be permitted in an enclosed area. ii. No swimming pool or bathing area shall be installed, altered, improved, or used without compliance with applicable regulations. No bathing area shall be used without the approval of the Carteret County Health Department. h. Signage i. Signage serving a recreational vehicle park shall be limited to one sign per park entrance. ii. No sign shall exceed 36 square feet in area. iii. All signs must comply with any other applicable regulations of the Town. 4-36

166 ARTICLE USE STANDARDS Section Use-Specific Standards Subsection C. Commercial Uses iv. Each vehicle space shall be identified by a permanent number which shall not be changed. The appropriate number of each vehicle space must be permanent and visibly displayed on each space. Each number shall be placed on a concrete, wood, metal, or any permanent post and conspicuously located on the lot. i. Sanitary Facilities i. Each park shall have a central structure or structures that will provide separate toilet facilities for both sexes. This structure may also contain coin-operated machines for the park residents' use only, provided there is not exterior advertising. ii. All toilet, shower, lavatory, and laundry facilities shall be provided and maintained in a clean and sanitary condition and kept in good repair at all times. iii. They shall be safely and adequately lighted. iv. Facilities shall be easily accessible and conveniently-located. v. All toilet, shower, lavatory, and laundry facilities shall be acceptable to the Carteret County Health Department and shall be in conformity with all applicable codes. All buildings shall be constructed in accordance with the state building codes. j. Water Supply i. A safe, adequate, and conveniently-located water supply must be provided for each park. ii. No water supply shall be installed, altered, or used without the approval of the Carteret County Health Department. Tests to be conducted according to Health Department standards. iii. Where a public municipal or community water system exists within 1,000 feet of the park, the developer shall connect to such system. k. Sewage Disposal i. Sewage dumping stations shall be approved by the Carteret County Health Department. No method of sewage disposal shall be installed, altered, or used without the approval of the Carteret County Health Department. ii. Each park shall provide at least one sewage dumping station per 100 recreational vehicle spaces. iii. All sewage wastes from a park, including waste from toilets, showers, bathtubs, lavatories, washbasins, sinks, and water-using appliances not herein mentioned, shall be piped into the park sewage disposal system or systems. iv. Where a public municipal or community sewer system exists within 1,000 feet of the park, the developer shall connect to such system. l. Garbage and Solid Waste Disposal i. The park owner is responsible for solid waste collection. All solid waste shall be collected at least twice weekly, or more if the need is indicated during peak usage periods. ii. Storage, collection, and disposal of solid waste shall be so managed as not to create health hazards, rodent harborage, insect breeding areas, accidents, fire hazards or air pollution. iii. All solid waste shall be stored in conveniently-located leak-proof, rodent-proof containers with tight-fitting lids. The owner shall provide on such can with a capacity of at least 20 gallons for every two spaces. Garbage cans shall be located no farther than 150 feet from any recreational vehicle space. iv. Racks or concrete platforms shall be provided on which to store containers. Racks or platforms shall be so designed to prevent tipping and to minimize 4-37

167 ARTICLE USE STANDARDS Section Use-Specific Standards Subsection D. Industrial Uses spillage. v. Buildings and grounds shall be maintained free of rodent/insect harborage and infestation. Extermination methods and other control measures shall be in accordance with the requirements of licensed pest control operators. The park owner shall be responsible for pest extermination and pest control measures to prevent the development of unsanitary conditions. m. Electrical Service Where electrical service is used, the installation and use of such facilities shall conform with all applicable codes. Such facilities shall be inspected by the Building Inspector. n. Open Space i. Each park shall provide recreation areas to serve the needs of the anticipated users. ii. Eight percent of the total land area shall be devoted to accessible common open space intended for recreational use. The park owner is responsible for the development and maintenance of the recreation areas. o. Manufactured Homes It shall be unlawful for a person to park or store a manufactured home in a recreational vehicle park. However, two manufactured homes may be allowed within the recreational vehicle park to be used as residences of persons responsible for the operation and/or maintenance of the park. These units may not be used for rental purposes. p. Junked or Wrecked Vehicles Junked or wrecked vehicles are prohibited in recreational vehicle parks. q. Registration of Occupants Every park owner or operator shall maintain an accurate register containing a record of all occupants and owners of recreational vehicles in the park. The register shall be available for inspection at all times by authorized Town representatives. The register shall contain the following information: i. Name and address of the occupants of each space. ii. License number of each recreational vehicle. iii. iv. Recreational vehicle space number. Date when occupancy within the recreational vehicle park begins and date when occupancy within the park ceases. r. Permanent Occupancy Prohibited i. No recreational vehicle space shall be used as a permanent residence. ii. Any action toward removal of wheels of a camper except for temporary purposes of repair is hereby prohibited. s. Inspection i. The Carteret County Health Department, the Town Building Inspections Department, and the Town Planning Board are hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with these regulations. ii. It shall be the duty of the owners of recreational vehicle parks to give these agencies free access to such premises at reasonable times for inspections. D. INDUSTRIAL USES 1. Light Industrial a. Storage Facility, Self-Service Self-service storage facilities shall comply with the following standards: i. Individual storage areas shall not exceed 400 square feet each. 4-38

168 ii. ARTICLE USE STANDARDS Section Use-Specific Standards Subsection D. Industrial Uses Storage of boats, recreational vehicles, and similar equipment may be allowed, subject to the following standards: a). Storage shall occur only within a designated area, approved as part of the site plan. b). Storage areas shall not exceed 50 percent of the lot area of the site. c). d). Boats shall be stored on trailers with wheels. Storage areas shall be completely screened from public rights-of-way or adjacent residential zoning districts, utilizing either the buildings associated with the storage facility or by an opaque masonry wall, or equivalent approved by the UDO Administrator, a minimum of six feet in height. 2. Heavy Industrial a. Seafood Processing and Packaging Seafood processing and packaging shall comply with the following standards: i. All access points shall have at a minimum 50 feet of road frontage. ii. There shall be no external activity beyond loading and unloading of materials. All packaging shall be conducted within an enclosed structure. iii. All outdoor storage shall be screened from off-site view. iv. No activity shall be conducted that produces noise, odors, fumes, or other nuisance beyond the property lines. 4-39

169 ARTICLE USE STANDARDS Section Accessory Uses and Structures Subsection D. Standards for Specific Accessory Uses ACCESSORY USES AND STRUCTURES A. PURPOSE This section authorizes the establishment of accessory uses and structures that are incidental and subordinate to principal uses. The purpose of this section is to allow a broad range of accessory uses and structures, provided they comply with the standards set forth in this section in order to reduce potentially adverse impacts on surrounding lands. B. PROCEDURE FOR ESTABLISHMENT 1. Accessory uses or structures may be approved in conjunction with the approval of the principal use or subsequently following the establishment of the principal use. 2. No accessory use or structure shall be approved, established, or constructed before the principal use is approved in accordance with this Ordinance. 3. Establishment of an accessory use or structure shall require approval of a zoning permit in accordance with the standards in Section Z, Zoning Permit, and the standards in this section. 4. Any principal use listed in Table G, Principal Use Table, as an allowable use in a zoning district may also be permitted as an accessory use (or structure) in the same zoning district, provided it complies with the standards in this section. 5. In the event an accessory use or structure is proposed to serve a principal use that is established through a conditional use permit, the accessory use or structure shall also require conditional use permit approval in accordance with Section H, Conditional Use Permit. 6. In the event an accessory use (or structure) is not listed as an allowable principal use type for a particular zoning district in Table G, Principal Use Table, it shall not be established as an accessory use in the same zoning district. 7. A lawfully-established nonconforming use or structure may be supplemented with an accessory use or structure provided the accessory does not increase the nonconformity. C. GENERAL STANDARDS 1. Permitted Accessory Uses and Structures Permitted accessory uses and structures include those listed in this section and those that the UDO Administrator determines meet the following: a. Are clearly incidental to an allowed principal use or structure; b. Are subordinate to and serve an allowed principal use or structure; c. Are subordinate in area, extent, and purpose to the principal use or structure; d. Contribute to the comfort, convenience, or needs of occupants or business associated with the principal use or structure. 2. Located on Same Lot as a Principal Use All accessory uses and structures shall be located on the same lot as the principal use or structure and not located within any street right-of-way, except as allowed by this Ordinance. 3. Compliance with Ordinance Requirements Accessory uses and structures shall conform to the applicable requirements of this Ordinance, including this section, the district standards in Article 18-3: Zoning Districts, and the development standards in Article 18-5: Development Standards. 4. Dimensional Standards Accessory structures, which include accessory buildings, shall meet the applicable zoning district dimensional standards and district standards, except as provided in Section E, Setback Encroachments. 5. Easements Accessory structures may not be located in an easement unless the easement or easement holder expressly states the allowance in writing. 6. Conflict with District or Use-Specific Standards 4-40

170 ARTICLE USE STANDARDS Section Accessory Uses and Structures Subsection D. Standards for Specific Accessory Uses In the event the standards in this section conflict with district-specific standards in Article 18.3: Zoning Districts, or use-specific standards for a principal use in Section , Use-Specific Standards, the zoning district or use-specific standards shall control. D. STANDARDS FOR SPECIFIC ACCESSORY USES 1. Accessory Dwelling Unit Accessory dwelling units shall comply with the following requirements: a. Where Permitted i. Accessory dwelling units are permitted, subject to a zoning permit, in the RMF, MUN, MHI, and CIR zoning districts. ii. Accessory dwelling units are permitted as a conditional use in the RMX and COR districts. iii. Accessory dwelling units may be located within a principal structure or within an accessory structure. iv. Use of a travel trailer, recreational vehicle, camper, or cargo container as an accessory dwelling unit is prohibited. b. Additional Standards i. Not more than one accessory dwelling unit per lot is permitted. ii. An accessory dwelling unit shall have a floor area of at least 300 square feet, but not more than 1,000 square feet. iii. Accessory dwelling units shall not be sold apart from the principal structure. 2. Boat Lifts Boat lifts shall be subject to an approved CAMA minor permit (see Section F, CAMA Minor Permit). 3. Boat Ramps Boat ramps shall comply with the following standards: a. All boat ramps shall be confined to shoreline of manmade canals, channels, and basins with little or no native vegetation and shall be located in the least vegetated area of the shoreline. b. The width of boat ramps, including side slopes, shall be limited to 35 feet. c. Up to two accessory docks meeting all docking facility requirements may be allowed. d. Boat ramps without accessory docks must meet the water depth and access criteria for a dock within ten feet of the waterward end of the ramp to allow for a bottom slope. e. Dredging and filling shall be limited to the minimum amount necessary to construct the boat ramp surface, side slopes, walls, and moorings or dock pilings. f. All such projects shall require prior approval by the NC Division of Coastal Management. 4. Drive-Up and Drive-Through Facilities Drive-up and drive-through accessory structures, such as automated teller machines, ice vending, coffee stands, and similar accessory structures that provide drive-up or walk-up service shall meet the following standards: a. The accessory structure shall not be placed in any required parking spaces. b. Outdoor speakers associated with a drive through use shall be at least 50 feet from any lot line shared with a residential use. c. The location shall be designed so that any access or stacking lanes do not extend into a vehicle drive aisle. d. The surface parking area shall be configured and restriped to maintain access and circulation to the principal use(s). e. Drive-through facilities shall be designed so as not to obstruct the movement of pedestrains along sidewalks or methods of ingress and egress. f. In cases where a drive-through window is attached to a princiapl building, the drivethrough shall be designed and configured as part of the principal structure. 4-41

171 ARTICLE USE STANDARDS Section Accessory Uses and Structures Subsection D. Standards for Specific Accessory Uses g. Any roof-top mechanical equipment shall be screened from the adjacent streets. 5. Docks and Piers Docks and piers shall be allowed in accordance with state and federal regulatory and permitting requirements. Docks and piers shall be treated as an accessory use to the property to which they are connected. In no instance shall a roof be permitted on any dock or pier structure. 6. Home Day Care A home day care is permitted as accessory to a residential dwelling unit if it complies with the following standards: a. Care is provided within a dwelling unit, for between three and eight children less than 13 years of age, not more than five of which are preschool age, or up to eight adults, who do not reside in the dwelling, for at least once per week for at least four hours, but less than 24 hours per day. b. It complies with all applicable home occupation requirements, except the gross floor area requirement. c. It is licensed by the State of North Carolina and complies with all applicable State requirements. d. The home day care use provides one additional off-street parking space for every 100 square feet of floor area devoted to the home day car portion of the principal structure or lot. 7. Home Occupations A home occupation shall comply with the following standards: a. Participation in Business Only the owner, tenant, lessee, of a dwelling unit, or an immediate family member, and one employee shall be engaged or employed on-site. b. General Standards i. Nature of Use a). The use of the dwelling unit for the home-based business shall be clearly incidental and subordinate to its use for residential purposes. b). There shall be no exterior structural or architectural modification to the dwelling related to the home occupation. c). A home occupation shall not occupy more than 20 percent of the gross floor area of the dwelling, exclusive of the area of any open porch, attached garage, or similar space not suited for occupancy as living quarters of a dwelling. ii. Parking A maximum of two additional off-street parking spaces may be required to accommodate a home occupation, and each additional space shall utilize the driveway serving the residence in which the activity is located. iii. Visitation Hours and Trip Limits A home occupation shall limit hours of operation for the activities specified below: a). Customer or client trips and all deliveries shall be limited to the hours from 8:00 a.m. to 8:00 p.m. b). The business shall not generate more than six customer or client and delivery trips combined in any one day and no more than two clients may be present at any one time. iv. Vehicle Storage a). No person shall park or place construction or maintenance equipment, machinery, or materials, or allow same to be parked or placed upon 4-42

172 ARTICLE USE STANDARDS Section Accessory Uses and Structures Subsection D. Standards for Specific Accessory Uses public property, streets, or right-of-way. b). If located within a residential district, all maintenance/construction equipment and machinery shall be located within the property's side or rear yard. Home occupation uses shall be limited to the parking and storage of one commercial vehicle on the premises, not to exceed a one-ton capacity. Such vehicles shall not be parked or stored in front of the home. c). If permanently located in a residential district, all equipment shall be screened with either landscaping or fencing. d). No junked/inoperative motor vehicle or nuisance vehicle shall be permitted to be parked or stored out of doors longer than 24 hours. v. Limitations on Use of Equipment and Materials A home occupation shall conform to the following limitations on the use and storage of material and equipment. a). The business shall not utilize equipment or processes that create vibration, glare, fumes, odors, or dust that are discernable at the property lines. b). The business shall not utilize any combustible materials in violation of all applicable fire prevention regulations. c). The business shall not utilize or maintain on site any hazardous materials. d). The business shall not utilize equipment or processes which create electrical, visual, or audible interference in any radio or television receivers off- premises, or otherwise interfere with the off-premises use of electric or electronic devices of any kind. vi. Sales All sales shall be incidental to the principal residential use and shall involve only the sale of goods or merchandise produced or processed by the home occupation. Retail sales of goods not produced or processed on the premises are prohibited. 8. Outdoor Display Temporary outdoor display of merchandise, inventory, equipment, or similar material shall comply with the following standards: a. Merchandise must be mobile and stored indoors overnight. b. Merchandise display must be accessory to a principal use located on the same property. c. All sales transactions shall take place inside the principal structure. d. Merchandise shall not be located in or obstruct any required setback, loading space, loading area, vehicular use area, fire lane, required landscaping area, sidewalk, ADA accessibility route, or drainage easement. 9. Outdoor Storage Outdoor storage of inventory, equipment, or similar material in a non-residential district shall comply with the following standards: a. Except as otherwise provided, any outdoor storage shall be incidental and subordinate to the primary use located on the property. b. Outdoor storage areas shall not be located in any required setbacks, fire lanes, or sidewalks as provided on an approved site plan. c. Except for the following, outdoor storage areas shall be located to the side or rear of the principal building and completely screened from view by landscaping, fences, walls, buildings, or a combination. i. Storage of landscape plant material; and ii. Storage of material used for road construction on a lot directly adjacent to the 4-43

173 ARTICLE USE STANDARDS Section Temporary Uses and Structures Subsection A. Purpose 10. Outdoor/Sidewalk Sales roadway under construction. a. Sidewalk sales are only permitted on sidewalks fronting or within lots in the MHI, CIR, CND, and COR districts. b. Outdoor/sidewalk sales of general merchandise must be in conjunction with an existing business selling similar product and shall be located within the parameters of the existing store front. c. In no instance shall pedestrian walkways be obstructed by outdoor or sidewalk sales. 11. Residential Accessory Structures a. Generally Except for below-ground swimming pools and decks, all residential accessory structures traditionally associated with a single-family or duplex dwelling (e.g., gazebo, pergola, prefabricated storage shed, well house, outdoor kitchen, hot tub, above ground pool, etc.) shall comply with the following standards: i. Setbacks a). Rear and Side Accessory structures must setback five feet from side and 10 feet from rear lots lines. b). Corner Side For corner lots, accessory structures must meet the street setback of the dimensional standards for the applicable zoning district. c). Through or Double Frontage Lots For through or double frontage lots, all accessory structures shall be set back 10 feet from the rear lot line abutting the street. d). Alleys For accessory structures that are located along an alley, the structure must setback a minimum of 10 feet from the rear lot line abutting the alley. e). Utilities Utility service, such as water, sewer and electricity, to the accessory structure shall be provided by branching service from the principal structure. f). Encroachments See Section E, Setback Encroachments, for allowable encroachments into setbacks for specific accessory structures. ii. Accessory Buildings a). Location In addition to the setback requirements, accessory buildings shall be located behind the front building line of the principal structure, except on lots that are greater than two acres in area, for which one accessory building may be located in front of the principal structure, provided it meets the front setback. b). Size The maximum total area of all accessory buildings on the lot shall not exceed 50 percent of the gross floor area of the principal structure or 600 square feet, whichever is greater. b. Below-Ground Swimming Pool 4-44

174 ARTICLE USE STANDARDS Section Temporary Uses and Structures Subsection C. General Standards for Temporary Uses Below-ground swimming pools, spas, and hot tubs are not required to be set back from a lot line, but shall comply with all applicable standards in the NC State Building Code and comply with standards for accessory structures in this section. c. Decks Decks shall comply with all applicable setback standards for the district in which the use is located TEMPORARY USES AND STRUCTURES A. PURPOSE This section allows for the establishment of specific temporary uses of limited duration, provided that such uses do not negatively affect adjacent land, and provided that such temporary uses are discontinued upon the expiration of a set time period. Temporary uses shall not involve the construction or alteration of any permanent building or structure. B. APPLICABILITY The standards in this section apply to non-permanent uses that take place on a temporary basis whether on the same site or in different locations in the jurisdiction. The activities listed in this section require the issuance of a temporary use permit, except as exempted, in accordance with the standards in Section V, Temporary Use Permit. C. GENERAL STANDARDS FOR TEMPORARY USES All temporary uses shall comply with the following general standards, unless otherwise specified in this Ordinance: 1. General Standards a. Secure written permission from the landowner; b. Obtain the appropriate permits and licenses from the Town and other agencies; c. Comply with the requirements for temporary signs in Section , Signage; d. Meet public utility and Town requirements for proper connection to water, sewer, electrical and other utility service connections, as applicable; e. Not violate the applicable conditions of approval that apply to a site or use on the site; f. Not result in a situation where the principal use, if present, fails to comply with the standards of this Ordinance; g. Contain sufficient land area for the temporary use and for the parking and traffic movement associated with the temporary use, without impacting environmentally sensitive lands; h. Not remain in place for more than 90 days if located within a special flood hazard area; i. Provide adequate on-site restroom facilities (as appropriate); and j. Cease all outdoor activities within 500 feet of a residential use by 10:00 pm. 2. General Conditions In approving a temporary use permit, the UDO Administrator is authorized to impose any of the following general conditions upon the premises benefited by the permit as may be necessary to reduce or minimize any potential adverse impacts upon other property in the area, as long as the condition relates to a situation created or aggravated by the proposed temporary use. The UDO Administrator is authorized, where appropriate, to require: a. Provision of temporary parking facilities, including vehicular access and egress; b. Control of nuisance factors, such as but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat; c. Prohibition of the storage or use of hazardous materials; d. Regulation of placement, height and size, location of equipment and open spaces, including buffer areas and other yards; 4-45

175 ARTICLE USE STANDARDS Section Temporary Uses and Structures Subsection D. Standards for Specific Temporary Uses e. Provision of sanitary and medical facilities; f. Provision of solid waste collection and disposal; g. Provision of security and safety measures; h. Use of an alternate location or date; i. Modification or elimination of certain proposed activities; j. Regulation of operating hours and days, including limitation of the duration to a shorter time period than requested or specified in this subsection; and k. Submission of a performance guarantee to ensure that any temporary use will be removed from the lot or site within a reasonable time and the lot or site will be restored to its former condition. D. STANDARDS FOR SPECIFIC TEMPORARY USES 1. Portable Storage Container Portable storage containers may be permitted as a use accessory to a single-family detached, duplex, triplex, quadplex dwelling unit, subject to the following standards. a. Types Distinguished Portable storage containers shall take one of the following three forms: i. A container used for the purposes of storage of personal property such as household items being temporarily stored or relocated. ii. A roll-off box, bin, or construction dumpster used for the collection and hauling of waste or debris; or iii. A fully-enclosed, non-motorized, trailer (commonly known as a semi-trailer) with wheels intended to be towed to a site for the purpose of storage or transport of goods, materials, or equipment. b. Maximum Size Containers no larger in dimension than eight feet in height, nine feet in width, or 16 feet in length. c. Maximum Number i. No more than two portable storage containers shall be located on a single lot or parcel of land. ii. No other type of container or shipping container is located on the same lot or parcel of land. d. Hazardous Substances Portable 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. e. Duration A portable storage container may remain upon a lot for 14 days except when used in conjunction with construction on the same lot, and shall then be removed within 14 days of the issuance of a certificae of occupancy. f. Location i. If a portable storage container is placed in the front yard, then it shall be located only in the area primarily used for vehicular ingress and egress and be at least five feet from the edge of the paved right-of-way. In no instance shall the placement of a portable storage container result in fewer off-street parking spaces than are required in Table C.2, Minimum Off-Street Parking Spaces Required. ii. If a portable storage container is placed in the required rear or side yard, no setback shall be required. 2. Temporary Health Care Structure 4-46

176 ARTICLE USE STANDARDS Section Temporary Uses and Structures Subsection D. Standards for Specific Temporary Uses One temporary health care structure is permitted on a lot with a single-family detached dwelling, subject to the following standards: a. Structure A temporary health care structure is one that: i. Is transportable and primarily assembled at a location other than the site of installation; ii. Is located on a lot with an existing single-family detached dwelling; iii. Is limited to one occupant who is a mentally or physically impaired person related to the caregiver; iv. Is used by a caregiver or legal guardian in providing care for one mentally or physically impaired person on property owned or occupied as the caregiver s or guardian s residence; v. Has no more than 300 square feet of gross floor area; vi. Is connected with water, sewer, and electricity by branching service from the single-family detached dwelling; vii. Has the same street address and mailbox as the existing single-family detached dwelling; viii. Uses the same driveway as the existing single-family dwelling, unless the structure is accessed from a right-of-way not used by the dwelling (e.g., a rear alley or separate street access on a corner or through lot); ix. Meets the dimensional standards of the zoning district for a single-family detached dwelling; and x. Meets the applicable provisions in the NC State Building Code; however, is not located on a permanent foundation. b. Need and Relationship i. The occupant of the structure must be a mentally or physically impaired person who requires assistance with two or more activities of daily living (bathing, dressing, personal hygiene, ambulation or locomotion, transferring, toileting, and eating) as certified in writing by a physician licensed to practice in this State. ii. The caregiver must be an individual 18 years of age or older who provides care for the mentally or physically impaired person and is a first or second degree relative of the impaired person. A first or second degree relative is a spouse, lineal ascendant, lineal descendant, sibling, uncle, aunt, nephew or niece, including half, step, and in-law relationships. c. Permit Conditions i. Once the applicant provides sufficient proof that the temporary health care structure meets all standards, then the temporary structure shall be permitted for a period of 12 months. ii. The applicant may renew the zoning compliance permit for a 12-month period and continue to renew it provided the applicant provides evidence of continued need and compliance with these standards. iii. The Town may make permit renewal and periodic inspections of the temporary structure at reasonable times convenient to the applicant. iv. No signage shall be permitted on the exterior of the temporary structure or on the lot that identifies or promotes the existence of the structure. v. The temporary structure shall not be subdivided or otherwise separated in ownership from the single-family detached dwelling. vi. The temporary structure shall be removed within 60 days if the impaired occupant is no longer receiving or in need of assistance. vii. The temporary use permit may be revoked or other enforcement actions taken 4-47

177 ARTICLE USE STANDARDS Section Temporary Uses and Structures Subsection D. Standards for Specific Temporary Uses if these standards are violated. 3. Temporary Real Estate Office A temporary real estate office is permitted on a lot in a residential, mixed-use, or business district, subject to the following standards: a. The office is located on a lot that is part of the real estate development being sold or leased. b. Signage complies with the standards of Section , Signage. c. The office complies with the dimensional standards of the zoning district in which it is located. d. The temporary office is converted into a dwelling or removed within 30 days after all units are sold or leased. 4. Temporary Wireless Telecommunications Facility A temporary wireless telecommunications facility, is permitted on a lot containing a commercial or mixed-use, subject to the following standards: a. A temporary wireless telecommunications facility may be allowed on a lot after a disaster or other emergency for a period not to exceed 30 days, except that the temporary use permit may be renewed for good cause shown. b. A temporary wireless telecommunications facility may be allowed on a lot to evaluate the technical feasibility of a site for a period not to exceed 14 days, except that the temporary use permit may be renewed for good cause shown. c. A temporary wireless telecommunications facility may be allowed on a lot in association with an event where the anticipated demand cannot be handled by existing facilities for a period not to exceed 14 days. d. A temporary wireless telecommunications facility may be allowed on a lot with an existing permanent wireless telecommunications facility where the permanent structure is undergoing reconstruction or maintenance and the temporary facility is needed to maintain sufficient levels of service. The temporary facility shall be removed after reconstruction or maintenance is complete and service restored on the permanent structure. e. All temporary wireless telecommunications facilities, including all supporting cables and anchors, shall be contained on the lot. 4-48

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179 ARTICLE DEVELOPMENT STANDARDS Property Address Numbers 5-1 A. Applicability 5-1 B. Assignment 5-1 C. Location 5-1 D. Configuration 5-1 E. Timing 5-1 F. Structures on the Waterfront Access and Circulation 5-3 A. Purpose and Intent 5-3 B. Applicability 5-3 C. Street Arrangement 5-3 D. Driveways Accessing Public Streets 5-4 E. Visibility at Intersections 5-7 F. Standards for Pedestrian Facilities 5-8 G. Standards for Bicycle Lanes Off-Street Parking and Loading 5-11 A. Purpose and Intent 5-11 B. Applicability 5-11 C. Off-Street Parking Requirements for Vehicles 5-11 D. Parking Lot Configuration 5-14 E. Parking Lot Cross-Access 5-19 F. Bicycle Parking 5-19 G. Parking Alternatives 5-20 H. Off-Street Loading Requirements Landscaping 5-23 A. Purpose and Intent 5-23 B. Applicability 5-23 C. Exemptions 5-23 D. Landscaping Plan Required 5-24 E. Plant Material Specifications 5-24 F. Landscaping Placement 5-25 G. Features Within Required Landscaping Areas 5-27 H. Parking Lot Landscaping 5-28 I. Perimeter Buffers 5-31 J. Streetyard Buffers 5-36 K. Planting Flexibility 5-37 L. Time of Installation 5-38 M. Required Maintenance 5-38 N. Site Inspection 5-39 O. Revegetation 5-39 P. Emergencies Tree Preservation 5-41 A. General Requirements 5-41 B. Tree Survey Required 5-41 C. Removal of Existing Trees 5-41 D. Preservation of Trees During Construction 5-41 E. Clear Cutting Refuse Collection Facilities and Mechanical Equipment 5-44 A. Purpose and Intent 5-44

180 B. Applicability 5-44 C. Exemptions 5-44 D. General Standards 5-44 E. Screening Methods 5-44 F. Specific Standards for Solid Waste Facilities Fences and Walls 5-46 A. Applicability 5-46 B. Exemptions 5-46 C. Locational Standards 5-46 D. Height 5-46 E. Materials 5-47 F. Finished Side 5-48 G. Maintenance Exterior Lighting 5-49 A. Purpose and Intent 5-49 B. Applicability 5-49 C. Exemptions 5-49 D. Prohibited Lighting 5-49 E. Lighting Plan 5-50 F. Exterior Lighting Standards 5-50 G. Limit Lighting to Periods of Activity 5-51 H. Maximum Illumination Levels 5-51 I. Nonconforming Lighting Design Standards 5-53 A. Purpose and Intent 5-53 B. Applicability 5-53 C. Exemptions 5-53 D. Building Orientation 5-53 E. Building Material Standards 5-53 F. Massing and Articulation 5-55 G. Fenestration 5-57 H. Awnings and Canopies 5-58 I. Roofs 5-58 J. Alternative Compliance Signage 5-59 A. Purpose and Intent 5-59 B. Applicability 5-59 C. Exclusions 5-59 D. Prohibited Signs 5-59 E. Obsolete or Abandoned Signs 5-60 F. Signs Permitted without a Sign Permit 5-60 G. Sign Permit Required 5-61 H. Measurement 5-61 I. Signs Standards in Residential Districts 5-61 J. Sign Standards in Mixed Use Districts 5-61 K. Sign Standards in Commercial Districts 5-64 L. Additional Sign Specifications 5-68 M. Sign Illumination 5-69 N. Inspections and Investigations 5-69

181 ARTICLE DEVELOPMENT STANDARDS PROPERTY ADDRESS NUMBERS A. APPLICABILITY 1. All principal structures located on lots within the Town of Atlantic Beach shall display property address numbers in accordance with the standards in this section. 2. Accessory structures and structures owned or operated by the Town shall be exempted from these requirements. B. ASSIGNMENT Required property address numbers shall be assigned by the Carteret County Emergency Management Department and shall be maintained on file in the appropriate County office. C. LOCATION Required property address numbers shall be displayed in a conspicuous location that is visible from the street fronting the lot (see Figure , Property Address Numbers). D. CONFIGURATION Required property address numbers shall be at least four inches high but no more than seven inches high. FIGURE : PROPERTY ADDRESS NUMBERS E. TIMING 1. Principal structures subject to the standards in this section shall display required property address numbers prior to issuance of a certificate of occupancy, or prior to habitation in cases where no certificate of occupancy is required. 2. All waterfront properties containing a structure for which a property number can be obtained 5-1

182 ARTICLE DEVELOPMENT STANDARDS Section Property Address Numbers Subsection F. Structures on the Waterfront from the Carteret County Emergency Management Office shall install required property addresses, in accordance with the standards in this section. F. STRUCTURES ON THE WATERFRONT 1. All structures located on the waterfront (including the sound, oceanfront, and canals) shall display property address numbers on the waterfront side of the property in addition to the street side. 2. Property address numbers shall be placed in a location visible from the adjacent watercourse or beachfront, such as on a dock, pier, structure facade, or other location approved by the UDO Administrator. 3. Lots with an undevelopable lot or parcel located between the lot line and the water shall be considered to be on the waterfront for the purposes of this section. 5-2

183 ACCESS AND CIRCULATION ARTICLE DEVELOPMENT STANDARDS Section Access and Circulation Subsection C. Street Arrangement A. PURPOSE AND INTENT The purpose of this section is to support the creation of a highly connected transportation system within the Town in order to provide choices for drivers, bicyclists, and pedestrians. More specifically, these standards are intended to: 1. Promote walking and bicycling; 2. Connect neighborhoods to each other and to local destinations such as schools, parks, and shopping centers; 3. Reduce vehicle miles of travel and travel times; 4. Improve air quality; 5. Reduce emergency response times; 6. Increase effectiveness of municipal service delivery; and 7. Free up arterial capacity to better serve regional long distance travel needs. B. APPLICABILITY The construction of any vehicular, bicycle, and pedestrian circulation systems shall comply with all applicable Town standards and the requirements of this section. C. STREET ARRANGEMENT 1. Generally All public and private streets shall comply with applicable state and local fire codes or deviations, as approved by the North Carolina State Fire Marshal. 2. Minimum Points of Access Any development of more than 100 residential units, or additions to existing developments that result in the total number of units exceeding 100 shall be required to provide vehicular access to at least two public streets, unless deemed impractical by the UDO Administrator due to topography, natural features, or the configuration of adjacent developments (see Figure C.2: Minimum Points of Access). FIGURE C.2: MINIMUM POINTS OF ACCESS 5-3

184 ARTICLE DEVELOPMENT STANDARDS Section Access and Circulation Subsection D. Driveways Accessing Public Streets 3. Continuation Where new development is adjacent to vacant land likely to be divided in the future, all streets, bicycle paths, and pedestrian access ways in the development's proposed circulation system shall continue to the boundary lines of the area under the same ownership so as to provide for the orderly subdivision of adjacent land and the transportation and access needs of the community. 4. Termination a. In general, permanent cul-de-sacs and dead-end streets are discouraged in the design of street systems, and should only be used when topography, the presence of natural features, and/or vehicular safety factors make a vehicular connection impractical. b. Where culs-de-sac or dead-end streets are unavoidable, site and/or subdivision plans shall incorporate provisions for future vehicular connections to adjacent, undeveloped properties. c. Permanent dead-end streets or cul-de-sacs shall comply with the length limits and design standards set forth by the Town, and shall be provided with a turnaround at the closed street end (see Figure C.4: Roadway Termination). FIGURE C.4: ROADWAY TERMINATION 5. Retrofitting All redevelopment and street improvement projects shall take advantage of opportunities for retrofitting existing streets to provide increased vehicular and pedestrian connectivity. D. DRIVEWAYS ACCESSING PUBLIC STREETS 1. General Requirements a. Driveways accessing public streets shall be placed and constructed in accordance with the "Policy on Street and Driveway Access to North Carolina Highways" adopted by the North Carolina Department of Transportation (NCDOT), as amended. b. All driveways connecting to NCDOT-maintained roads must be approved by NCDOT. 5-4

185 ARTICLE DEVELOPMENT STANDARDS Section Access and Circulation Subsection D. Driveways Accessing Public Streets 2. Required Spacing a. No portion of any driveway leading from a public street shall be closer than 25 feet to the corner of any intersection measured from the edge of the right-of-way. b. No two driveways accessing a public street shall be located within 25 feet of each other measured along the right-of-way (see Figure D.2: Driveway Spacing). FIGURE D.2: DRIVEWAY SPACING 3. Configuration a. No surface parking or circulation driveway is permitted within any required landscaping area, but driveways may be installed across these areas. b. Driveways shall be as nearly perpendicular to the street right-of-way as possible. c. Driveways shall line up with other driveways across the street and be shared between adjacent uses, wherever possible (see Figure D.3: Driveway Configuration). 5-5

186 ARTICLE DEVELOPMENT STANDARDS Section Access and Circulation Subsection E. Visibility at Intersections FIGURE D.3: DRIVEWAY CONFIGURATION 4. Width Requirements The following width provisions shall apply to multi-family, nonresidential, and mixed use development. a. Minimum Width Driveways shall be not less than ten feet wide for one-way traffic and 18 feet wide for two-way traffic. b. Marginal Width Driveways of 12 feet in width are permissible for two-way traffic when: i. The driveway is not longer than 50 feet; and ii. The driveway provides access to not more than six parking spaces; and iii. Sufficient turning space and stacking area is provided so that vehicles need not back into a public street. c. Maximum Width The width of any driveway accessing a public street shall not exceed 36 feet at its intersection with the right-of-way, except as required by NCDOT. 5. Additional Standards in the CIR District In addition to the standards in this section, development within the CIR district shall also comply with the applicable standards in Section B, District-Specific Standards. 5-6

187 ARTICLE DEVELOPMENT STANDARDS Section Access and Circulation Subsection E. Visibility at Intersections E. VISIBILITY AT INTERSECTIONS Corner lots and lots with driveways, alleys, or other methods of ingress/egress to a public or private street shall include sight distance triangles to ensure visibility for drivers and pedestrians moving through or in an intersection. Required sight distance triangles shall be configured in accordance with the following standards: 1. Roadway Intersections a. Intersections with State-maintained Roadways i. In cases where a roadway intersects a state-maintained roadway, the required sight distance triangle shall be an area between a point at the edge of the state-maintained road right-of-way located 70 linear feet from the intersection and a second point at the edge of the opposing road right-of-way located ten feet from the intersection. ii. Nothing shall prohibit the NCDOT from requiring an alternative sight distance triangle configuration. b. Intersections with All Other Roadways i. In cases where a roadway intersects another roadway not maintained by the State, the required sight distance triangle shall be an area between a point at the edge of one road right-of-way and a second point at the edge of the opposing road right-of-way, each point being a distance of 20 linear feet from the intersection. ii. Alternative sight distance triangles may be approved by the UDO Administrator, if designed and sealed by a registered professional engineer. 2. Points of Ingress or Egress on a Roadway Lots with a driveway serving a parking lot of four or more off-street parking spaces shall incorporate a sight distance triangle that includes an area between one point at the edge of the road right-of-way located 15 feet from the edge of the driveway and a second point at the edge of the driveway located ten feet from the edge of the road right-of-way. 3. Limitations on Obstructions within Required Sight Distance Triangles a. No planting, structure, fence, wall, slope, embankment, parked vehicle, or other obstruction to vision between the heights of two-and-one-half (2½) feet and ten feet above the centerline grades of interesection streets or accessways may be located within a required sight distance triangle (see Figure E.3: Sight Distance Triangles). b. No structure or object, regardless of its size, which obstructs visibility within a required sight distance triangle to the detriment of vehicular or pedestrian traffic shall be permitted. 5-7

188 ARTICLE DEVELOPMENT STANDARDS Section Access and Circulation Subsection F. Standards for Pedestrian Facilities FIGURE E.3: SIGHT DISTANCE TRIANGLES F. STANDARDS FOR PEDESTRIAN FACILITIES Except where exempted, new residential and nonresidential development shall comply with the following pedestrian circulation standards. 1. Sidewalks a. Where Required i. Sidewalks shall be installed along the frontage of all new development or redevelopment within the MHI, CIR, COR, and CPY districts. ii. Unless determined impractical by the UDO Administrator, residential developments with cul-de-sacs or dead-end streets shall include a sidewalk or multi-use path from the dead end or cul-de-sac to the closest local street, collector street, or to a cul-de-sac in an adjoining subdivision. b. Configuration All sidewalks shall be designed to comply with Town standards, as determined by the Public Services Director. 2. Multi-Use Paths a. Multi-use paths may be proposed in lieu of sidewalks in cases where sidewalks are not present or where the existing sidewalk system is not well connected. If provided, multi-use paths shall be configured in accordance with the following standards: i. Locations 5-8

189 ii. iii. ARTICLE DEVELOPMENT STANDARDS Section Access and Circulation Subsection G. Standards for Bicycle Lanes a). b). c). d). e). All paths shall be located in corridors that serve origin and destination points such as residential areas, schools, shopping centers, parks, or similar features. All paths shall be built in locations that are visible and easily accessible, for the personal safety of users. All multi-use paths shall connect to the street system in a safe and convenient manner. All path connections shall include destination and directional signing. Whenever possible, paths shall be designed in such a manner that motor vehicle crossings can be eliminated or significantly minimized. Where crossings exist, they must be carefully designed to ensure the safety of the users. Easements Required All multi-use paths shall be located in easements dedicated to pedestrian and bicycle access by members of the general public. Configuration a). b). c). d). Multi-use paths shall be at least six feet in width. Where multiple uses are intended (i.e., shared pedestrian and bicycle traffic) the path shall be ten feet wide, to the maximum extent practicable. All paths shall be constructed of durable, low-maintenance materials, with sufficient width and clearance to allow users to proceed at reasonable speeds. Asphalt paths shall only be permitted parallel to roadways where there are a limited number of driveway and street crossings and where the path is offset a minimum of 12 feet from the back of the curb. iv. Maintenance Required Paths shall be maintained in usable condition throughout the year depending on level of use, including snow removal, as appropriate. b. Nothing shall prohibit the provision of multi-use paths in addition to the provision of sidewalk facilities, provided the multi-use paths comply with the standards in this section. 3. On-site Pedestrian Circulation Pedestrian walkways shall form an on-site circulation system that minimizes conflict between pedestrians and traffic at all points of pedestrian access to on-site parking and building entrances, and shall be configured in accordance with the following standards: a. Pedestrian walkways shall connect building entrances to one another and building entrances to public sidewalk connections. b. All developments containing more than one principal building shall provide pedestrian walkways between the primary entrance of each principal building. c. Pedestrian walkways shall be provided to any pedestrian access point or any parking space that is more than 50 feet from the building entrance or principal on-site destination. d. All non-residential buildings set back more than 100 feet from the public right-of-way shall provide for direct pedestrian access to buildings on adjacent lots. G. STANDARDS FOR BICYCLE LANES Sidewalks are not acceptable as substitutes for bike lanes, and bicycle lanes shall be provided during development abutting a minor collector roadway in accordance with the following standards: 1. Where Required Bicycle lanes or wide outside lanes shall be incorporated in the design of all minor collectors. 5-9

190 ARTICLE DEVELOPMENT STANDARDS Section Access and Circulation Subsection G. Standards for Bicycle Lanes 2. Configuration Bike lanes shall be a minimum of four feet in width (excluding adjacent curb and gutter, if present). 3. Signage Development shall provide appropriate bicycle amenities to encourage cyclists. Signage indicating the presence and location of such amenities shall be scaled for easy reading by bicyclists and pedestrians as well as motorists. 5-10

191 ARTICLE DEVELOPMENT STANDARDS Section Off-Street Parking and Loading Subsection C. Off-Street Parking Requirements for Vehicles OFF-STREET PARKING AND LOADING A. PURPOSE AND INTENT The purpose and intent of this section is to ensure the provision of safe off-street parking and loading facilities for development allowed by this Ordinance. The standards in this section are intended to avoid requiring an over-supply of parking that pose economic and environmental impacts while ensuring offstreet parking is provided to mitigate impacts to streets and neighborhoods. B. APPLICABILITY 1. General The standards in this section shall apply to all development in the Town. 2. Additions and Expansions Whenever a building or open air use of land is constructed, enlarged, or increased in capacity, the development shall meet the requirements of this section unless the total number of offstreet parking spaces required after the addition or expansion is less than four. 3. Changes in Use If the principal use changes, then the new principal use shall meet the requirements of this section, except that if the use change results in an increase of less than five percent in the required number of parking spaces, or less than four additional parking spaces, no additional parking spaces are required. 4. CIR District Development located in the CIR district shall comply with the applicable parking standards in Section B, District-Specific Standards, in addition to these standards. In cases where the standards conflict, the CIR district standards shall control. C. OFF-STREET PARKING REQUIREMENTS FOR VEHICLES 1. Parking Plan Required Every application for a site plan, building permit, or zoning permit, shall ensure that adequate off-street parking is provided for the uses or buildings contained in the application. Off-street parking must be provided to meet the parking demand without use of public streets, except as specifically allowed by this section. 2. Minimum Off-Street Parking Spaces Required The minimum number of off-street parking spaces required for development shall be in accordance with Table C.2, Minimum Off-Street Parking Spaces Required. Nothing shall prohibit the provision of off-street parking spaces in amounts exceeding the minimum requirements. USE CLASS RESIDENTIAL TABLE C.2: MINIMUM OFF-STREET PARKING SPACES REQUIRED USE CATEGORY PRINCIPAL USE TYPE REQUIRED NUMBER OF OFF-STREET PARKING SPACES [1] Household Living [2] Single-family detached dwelling Duplex Triplex Quadplex Townhouse Multi-family Upper-story residential Manufactured home Manufactured home park per dwelling 2 per dwelling guest space guest spaces 2 per dwelling + 1 guest space for every four units 1.5 per dwelling 1 per dwelling 2 per dwelling 2 per dwelling + 1 guest space for every four units

192 ARTICLE DEVELOPMENT STANDARDS Section Off-Street Parking and Loading Subsection C. Off-Street Parking Requirements for Vehicles USE CLASS INSTITUTIONAL COMMERCIAL TABLE C.2: MINIMUM OFF-STREET PARKING SPACES REQUIRED USE CATEGORY PRINCIPAL USE TYPE REQUIRED NUMBER OF OFF-STREET PARKING SPACES [1] Group Living Group Home 1 space per bedroom + 1 guest space Day Care Day Care 1 per employee + 2 Education Educational facility 1 per employee + 1 per classroom Government Government facility, major 1 space per vehicle + 1 per employee Government facility, minor 1 per employee + 1 per every 250 square feet Health Care Health care facility, major 1 per bed + 1 per employee Health care facility, minor 1 per every 200 square feet; minimum of 5 Institutions Parks and Open Space Utilities Adult Entertainment Animal Care Automotive Institutions, major Greater of: 1 per every 6 seats, or 1 per every 50 Institutions, minor square feet of seating area in main assembly room Parks & open spaces 1 per employee + 1 per every 1,000 sf of public parkland Utilities, major 1 per every 2 employees Utilities, minor Wireless telecommunications facility, major Wireless telecommunications facility, minor Adult entertainment Animal care, major Animal care, minor Automotive, major Automotive, minor 5-12 None required 0.5 per wireless service provider up to 3 None required 1 per every 200 square feet 1 per every 400 square feet 1 per every 400 square feet of sales and office area; minimum of 5 Bar Bar, Nightclub, or Tavern 1 per every 150 square feet Eating establishment, major 1 per every 100 square feet Eating Eating establishment, Establishment moderate 1 per every 150 square feet Eating establishment, minor 1 per every 200 square feet Maritime, major 1 per employee Maritime Office Maritime, minor Marina Office, major Office, moderate Office, minor 1 per every 200 square feet 1 per every two berths + 1 per employee + spaces for any associated use (e.g., eating establishment, retail sales, etc.) 1 per every 100 square feet 1 per every 200 square feet 1 per every 300 square feet Parking Parking, commercial 1 per employee; Otherwise, none required Personal Personal services, major 1 per every 200 square feet

193 ARTICLE DEVELOPMENT STANDARDS Section Off-Street Parking and Loading Subsection D. Parking Lot Configuration USE CLASS INDU STRI AL TABLE C.2: MINIMUM OFF-STREET PARKING SPACES REQUIRED USE CATEGORY PRINCIPAL USE TYPE REQUIRED NUMBER OF OFF-STREET PARKING SPACES [1] Services Personal services, minor 1 per every 300 square feet Tattoo/body piercing establishment 1 per every 200 square feet Commercial recreation, 1 per every 200 square feet + 1 per employee indoor Recreation/ Commercial recreation, 1 per every 400 square feet of recreation-related area Entertainment outdoor + 1 per employee Event venue 1 per every 100 square feet Retail Sales Accommodations Industrial Retail sales, major Retail sales, moderate Retail sales, minor 1 per every 400 square feet 1 per every 300 square feet 1 per every 200 square feet RV park 1 per every RV space + 1 per employee + 5 Visitor accommodations, major 1 per room + 1 per employee + spaces for any associated use (e.g., eating establishment) Visitor accommodations, minor One space per room + 1 per employee Light industrial 1 per employee Heavy industrial 1 per every two employees NOTES: [1] Square feet refers to the gross floor area of a building and also includes any outdoor use areas. [2] Home occupation uses shall provide off-street parking spaces in accordance with Section D.7, Home Occupation. Home day care accessory uses shall provide off-street parking spaces in accordance with Section D.6, Home Day Care. 3. Uses Not Listed For uses that do not correspond to the use types listed in Table C.2, Minimum Off-Street Parking Spaces Required, the UDO Administrator shall determine the minimum parking space requirement. In such instances, the application shall provide adequate information for review, which includes, but is not limited to the type of use(s), number of employees, the occupancy of the building, square feet of sales, service and office area, parking spaces proposed, and hours of operation. 4. Other Vehicles Located Off-Street The following vehicles are not included in Table C.2, Minimum Off-Street Parking Spaces Required, and shall be parked or located outside required parking spaces and any public street right-of-way in accordance with this Ordinance: a. Vehicles for sale or lease; b. Vehicles being stored, serviced, or repaired; or c. Vehicles belonging to the use, such as company vehicles. 5. Multiple Use Development Development containing more than one principal use shall provide parking spaces in an amount equal to the total of all individual principal uses, except as allowed in Section G, Parking Alternatives. 6. Driveways Used to Meet Requirements 5-13

194 ARTICLE DEVELOPMENT STANDARDS Section Off-Street Parking and Loading Subsection D. Parking Lot Configuration Except for multi-family dwellings, driveways may be used to meet the minimum off-street parking space requirements for all use types in the Household Living use category, provided that sufficient space is available to meet the standards of this section. D. PARKING LOT CONFIGURATION All parking lots comprised of four or more parking spaces shall comply with the following standards: 1. General a. All required off-street parking and loading spaces shall be located on the same lot as the principal use they serve, except as allowed in Section G, Parking Alternatives. b. All required off-street parking and loading spaces shall not be used for any other purpose, including, but not limited to the storage or display of goods or the sale, lease, storage, or repair of vehicles. c. Required off-street parking shall be maintained for the duration of the principal use and shall not be reduced unless the principal use ceases or changes. d. Except where allowed by this Ordinance, off-street loading spaces shall be not be located in any required parking space or protrude into any public street. 2. Easements A parking lot shall not be located within an easement without approval of the easement holder. 3. Parking Space Access All off-street parking spaces shall be accessed directly from drive aisles or private driveways and not directly from arterial or collector streets. 4. Vehicle Backing a. Vehicular use areas shall be designed so that a vehicle is not required to back onto a public street to enter or exit the parking lot, a parking space, or a stacking space. b. Except in the CIR district, off-street loading shall be designed so that no backing into or from a public street is necessary. 5. Dimensional Standards for Parking Spaces Standards parking spaces and parking aisles shall comply with the minimum dimensional standards established in Table D.5, Dimensional Standards for Off-Street Parking Spaces (see also Figure D.5: Parking Space Configuration). TABLE D.5: DIMENSIONAL STANDARDS FOR OFF-STREET PARKING SPACES PARKING SPACE ANGLE Parallel (0 o ) Angled (30 o ) Angled (45 o ) MINIMUM PARKING SPACE WIDTH (FEET) [1] COMPACT STANDARD [2] MINIMUM PARKING SPACE DEPTH (FEET) STANDARD COMPACT [2] MINIMUM BACK-UP MANEUVERING AREA (FEET) [3] COMPACT STANDARD [2] N/A

195 ARTICLE DEVELOPMENT STANDARDS Section Off-Street Parking and Loading Subsection D. Parking Lot Configuration TABLE D.5: DIMENSIONAL STANDARDS FOR OFF-STREET PARKING SPACES PARKING SPACE ANGLE Angled (60 o ) Perpendicular (90 o ) MINIMUM PARKING SPACE WIDTH (FEET) [1] STANDARD 9 COMPACT [2] MINIMUM PARKING SPACE DEPTH (FEET) STANDARD COMPACT [2] MINIMUM BACK-UP MANEUVERING AREA (FEET) [3] STANDARD COMPACT [2] NOTES: [1] Standard means a typical or standard parking space; compact means a parking space designated solely for a compact car. [2] A maximum of 25 percent of the total number of required spaces may be provided as compact spaces. [3] The drive aisle width may be credited toward this requirement Figure D.5: Parking Space Configuration 5-15

196 ARTICLE DEVELOPMENT STANDARDS Section Off-Street Parking and Loading Subsection D. Parking Lot Configuration 6. Dimensional Standards for Parking Aisles Drive aisles within parking lots shall be configured with the following minimum widths: a. One-way Traffic Parking lot aisles serving one-way traffic shall be at least 15 linear feet in width. b. Two-way Traffic Parking lot aisles serving two-way traffic shall be at least 20 linear feet in width. c. Minimum Back-up Area Regardless of minimum aisle width requirements, parking lot aisles shall be configured to accommodate the minimum back-up manuvering area required in Table D.5, Dimensional Standards for Off-Street Parking. 7. Handicapped Accessibility Handicapped parking spaces are required for all forms of development except single-family detached dwellings, and shall meet the following criteria: a. Configuration i. Handicapped parking spaces shall be in accordance with the regulations set forth by the Americans with Disabilities Act. ii. All handicapped spaces shall be identified by pavement markings and by appropriate signage approved by the NC Department of Transportation. iii. Handicapped parking spaces shall be located in the closest proximity to major building entrances, but in no event shall handicapped parking spaces be located more than 100 feet from a major building entrance. iv. Handicapped parking spaces shall be a minimum of eight feet wide by 20 feet in depth and shall have an adjacent access aisle that has a minimum width of five feet. v. Two accessible parking spaces may share a common access aisle. vi. The first one out of every eight accessible parking spaces shall be a van accessible space with an adjacent access aisle at least eight feet wide and a vertical clearance of at least eight feet along the vehicular route to the parking space. vii. All handicapped parking spaces 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. viii. Parallel parking spaces for the disabled shall be located either at the beginning or end of a block or adjacent to alley entrances. Curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors. b. Number Provided Handicapped parking spaces shall be provided in accordance with the NC State Building Code. 8. Pedestrian Connections Pedestrian connections between the principal buildings on a development site and a public street(s) shall be provided in accordance with Section , Access and Circulation (see Figure D.8: Pedestrian Connections). Parking spaces shall be designed to ensure vehicles do not encroach into the walkways. 5-16

197 ARTICLE DEVELOPMENT STANDARDS Section Off-Street Parking and Loading Subsection D. Parking Lot Configuration FIGURE D.8: PEDESTRIAN CONNECTIONS 9. Stacking Spaces a. General Uses with drive-through facilities and other auto-oriented uses where vehicles queue up to access a service shall provide adequate stacking spaces on-site for the uses or buildings in accordance with this section. Such uses include but are not limited to: restaurants with drive-through, convenience store with fuel sales, and other uses with service bays or drive-throughs. b. Design Stacking spaces are subject to the following design and layout standards (see Figure E.9: Stacking Spaces): i. Size Stacking spaces shall be a minimum of nine feet wide and 16 feet long. ii. iii. iv. Traffic Movements Stacking spaces shall not impede vehicular traffic movements or movements into or out of parking spaces, whether on-site or off-site. Bicycle and Pedestrian Movement Stacking spaces shall not impede on-site or off-site bicycle or pedestrian traffic movements, whether on-site or off-site. Separation Stacking spaces shall be clearly delineated through such means as striping, landscaping, pavement design, or curbing. 5-17

198 FIGURE E.9: STACKING SPACES ARTICLE DEVELOPMENT STANDARDS Section Off-Street Parking and Loading Subsection D. Parking Lot Configuration 10. Surface Materials a. All required parking spaces, drives, and loading spaces in a parking lot shall be paved and maintained with concrete, asphalt, or similar material of sufficient thickness and consistency to support anticipated traffic volumes and weights, except as provided in this section. b. The use of pervious or semi-pervious materials may be approved as an alternate means of paving provided it is demonstrated that the materials will function in a similar fashion as required materials. c. Except for required parking facilities for the disabled, required parking may be constructed with gravel or other approved comparable all-weather surface for: i. Parking used on an irregular basis for religious institutions, private minor assembly uses, and other similar nonprofits organizations; ii. Parking for residential uses or a bed and breakfast establishment where six or fewer spaces are required; and iii. Parking for an office use converted from a single-family detached dwelling where four or fewer spaces are required. 11. Grading and Drainage a. The parking lot shall be graded, properly drained, stabilized, and maintained to minimize dust and erosion. b. Parking lots shall not impound stormwater unless surface impoundment is required as a method of stromwater management. However, in no instance shall surface impoundment result in a fewer number of parking spaces then required by Table C.2, Minimum Off-Street Parking Spaces Required. c. Parking lots shall not drain onto or across public sidewalks, or into adjacent property except into a natural watercourse or a drainage easement unless alternative provisions for drainage are proposed and accepted by the UDO Administrator. 12. Curb and Gutter Where vehicular use areas are paved, curb and gutter or an equivalent drainage system shall be provided along the periphery of the area. 13. Markings 5-18

199 ARTICLE DEVELOPMENT STANDARDS Section Off-Street Parking and Loading Subsection F. Bicycle Parking All spaces and lanes in vehicular use areas shall be clearly delineated with paint lines, curbs, or other treatment, whether the vehicular use area is paved or unpaved. 14. Curbs and Wheel Stops All parking spaces provided shall have curbs or wheel stops located so that no part of the parked vehicle will extend onto a sidewalk, walkway, adjacent property or landscape area, whether the vehicular use area is paved or unpaved. 15. Exterior Lighting Exterior lighting in parking lots shall be designed to prevent glare or illumination exceeding maximum allowable levels on adjacent land and shall comply with the standards of Section , Exterior Lighting, as appropriate. 16. Landscaping Parking lot landscaping shall be provided in accordance with Section , Landscaping. E. PARKING LOT CROSS-ACCESS 1. All non-residential development shall be designed to allow for cross-access to adjacent properties to encourage shared parking and shared access points on public or private streets and/or driveways (see Figure E: Parking Lot Cross-Access). 2. A minimum distance of 100 feet shall be required between a cross-access way and an intersection or driveway entrance. 3. This requirement may be removed when cross-access is deemed impractical by the UDO Administrator on the basis of topography, the presence of natural features, or vehicular safety factors. 4. A cross-access easement must be recorded prior to issuance of a certificate of occupancy for the development. FIGURE E: PARKING LOT CROSS-ACCESS F. BICYCLE PARKING Bicycle parking shall be provided for all developments with 20 or more off-street vehicular parking spaces, in accordance with the following standards: 1. General Standards 5-19

200 ARTICLE DEVELOPMENT STANDARDS Section Off-Street Parking and Loading Subsection G. Parking Alternatives a. A bicycle rack or other device shall be provided to enable bicycles to be secured. b. Bicycle racks shall be provided at a rate of one rack with at least one bicycle parking spaces for every 10 off-street parking spaces for automobiles. c. Bicycle parking shall be located where it does not interfere with pedestrian traffic and is protected from conflicts with vehicular traffic (see Figure F: Bicycle Parking). d. Bicycle parking should be accessible to the primary entrances of the development and in a visible, well-lit area. e. Bicycle parking may be accommodated within street setback areas. 2. Shared Parking Spaces Nothing shall limit uses on the same or opposing block faces from establishing shared or consolidated bicycle parking spaces in central or mid-block locations, provided there are sufficient bicycle parking spaces for all uses sharing the required bicycle parking. FIGURE F: BICYCLE PARKING G. PARKING ALTERNATIVES 1. On-Street Parking If on-street parking is available for use immediately adjacent to a proposed project site, the parking requirement may be reduced by a percentage equivalent to the number of spaces available. 2. Off-Site Parking The required off-street parking for a use may be met off-site in accordance with the following standards: 5-20

201 ARTICLE DEVELOPMENT STANDARDS Section Off-Street Parking and Loading Subsection H. Off-Street Loading Requirements a. The off-site parking is located within 1,000 feet as measured from the entrance of the use to the nearest shared parking space. b. A sidewalk or pedestrian accessway is provided to the shared parking area from the use. c. A off-site parking plan is a written agreement allowing the off-site location of parking, and shall be executed by the owners involved and filed with the UDO Administrator prior to the use of off-site parking facilities. i. The agreement must guarantee the long-term availability of parking. ii. Should the agreement cease, then the use shall be considered to contain nonconforming site conditions and future expansions of the use shall be prohibited unless the use is brought into compliance with the minimum parking requirements of this section. 3. Shared Parking The required off-street parking for a use may be met with the required off-street parking spaces of another use, only in accordance with the following standards: a. The shared parking is located within 1,000 feet, as measured from the entrance of the use to the nearest shared parking space. b. A sidewalk or pedestrian accessway is provided to the shared parking area from the use. c. The uses served by the shared parking must have different peak parking demands, differences in hours or days of operation, or otherwise operate such that the uses have access to the required minimum parking spaces when in operation. d. The UDO Administrator may approve up to 100 percent of the minimum parking requirement of a use through a shared parking plan. e. A shared parking plan is a written agreement allowing the shared use of parking, and shall be executed by the owners involved and filed with the UDO Administrator prior to the use of shared parking facilities. i. The agreement must guarantee the long-term availability of parking. ii. Should the agreement cease, then the use shall be considered to contain nonconforming site conditions and future expansions of the use shall be prohibited unless the use is brought into compliance with the minimum parking requirements of this section. 4. Compact Car Parking Spaces Up to 25 percent of the required off-street parking spaces may be provided as compact car spaces, provided the spaces comply with the standards in Table D.5, Dimensional Standards for Off-Street Parking, and that compact car parking spaces are to be clearly marked or posted for compact cars only. H. OFF-STREET LOADING REQUIREMENTS 1. Applicability a. Use types including industrial, wholesale, retail, and other uses that receive or distribute merchandise by vehicles shall include designated off-street loading spaces configured in accordance with these standards. b. Uses that receive not more than one delivery and pickup during the normal business hours (e.g., retail trade, office, or institutional), shall also provide an off-street loading space, but it may be combined with an existing parking space on the premises. 2. Rate of Provision Off-street loading spaces shall be provided in accordance with Table H, Required Off- Street Loading Facilities. 5-21

202 ARTICLE DEVELOPMENT STANDARDS Section Off-Street Parking and Loading Subsection H. Off-Street Loading Requirements TABLE H, REQUIRED OFF-STREET LOADING FACILITIES TYPE OF USE MINIMUM NUMBER OF REQUIRED LOADING FACILITIES Commercial (not including Office uses) 1 per every 5,000 square feet of floor area [1] Industrial 1 per every 20,000 square feet of floor area Institutional (and Office uses) 1 per every 10,000 square feet of floor area [1] NOTES: [1] Off-street loading spaces may occupy an off-street parking space instead of being a designated loading facility for uses that receive no more than one delivery and pickup from a vehicle per day. 3. Configuration of Designated Loading Spaces a. Each designated loading space shall be at least 12 feet in width, 30 feet in length, and shall have a height clearance of at least 14 feet (see Figure H: Off-Street Loading Spaces). b. Off-street loading spaces shall be designed and constructed so that all maneuvering to park vehicles for loading and unloading can take place entirely within the property lines of the premises. c. All ingress and egress areas shall satisfy NCDOT requirements. d. Loading spaces must be designed so as to not interfere with the normal movement of vehicles and pedestrians on public rights-of-way. e. Off-street loading spaces shall be located in the side or rear yard. FIGURE H: OFF-STREET LOADING SPACES 5-22

203 ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection C. Exemptions LANDSCAPING A. PURPOSE AND INTENT The purpose of these provisions is to establish minimum requirements for the provision and maintenance of functionally adequate, attractive screening and buffering of structures, parking areas, driveways, and land uses. These standards are intended to: 1. Promote and increase design compatibility between different land uses, while ensuring attractive views from streets and adjacent properties; 2. Assist in delineating separations of spaces, structures, uses, and activities on a site, or between adjacent sites; 3. Shield adjacent properties from potentially adverse external impacts of development, and development from potential negative impacts of adjacent land uses and activities; 4. Enhance the streetscape by separating the pedestrian from motor vehicles; 5. Abate glare and moderate temperatures of impervious areas; 6. Help filter air of fumes and dust; 7. Provide shade; 8. Attenuate noise; 9. Reduce the visual impact of large expanses of pavement; 10. Promote the preservation of open space; 11. Mitigate adverse grade changes between adjacent properties; 12. Promote energy conservation; 13. Reduce the amount and rate of stormwater runoff and erosion; 14. Improve stormwater runoff quality; 15. Increase in the capacity for groundwater recharge; and 16. Enhance the appearance and value of both residential and nonresidential development. B. APPLICABILITY The standards in this section apply to the following forms of development: 1. New Principal Building or Use Principal buildings or open uses of land constructed, reconstructed, or established after August 28, Changes in Use Changes in the principal use on a lot shall require the development to fully comply with these standards. 3. Substantial Improvement All substantial improvements, including expansions or remodeling of principal buildings, parking areas, or open uses of land shall comply with the standards, subject to the requirements of Section , Nonconforming Site Features. 4. Multi-Phase Development Multi-family, nonresidential, and mixed-use development that is planned and developed in phases shall be required to install landscaping that is associated with the active phase or phases only, unless an alternative arrangement is otherwise agreed to by the UDO Administrator and the developer. An active phase of a development is the one that is subject to permitted and on-going development activity. 5. Development in the CIR District Development in the CIR district shall be subject to the standards in this section as well as the landscaping standards in Section B, District-specific Standards. In the event of conflicting standards, the CIR district standards shall control. C. EXEMPTIONS The following forms of development are exempted from these standards. 1. An existing or proposed single-family detached or duplex dwelling on a residentially-zoned lot. 5-23

204 ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection E. Plant Material Specifications 2. Routine maintenance of existing vegetation, such as pruning, watering, and fertilizing, outside the public right-of-way. 3. The removal of dead trees and shrubs, or trees and shrubs that have been diagnosed and determined to be diseased beyond treatment, provided the screening function of the landscaping is maintained or re-established. 4. Repaving or restriping of a parking lot, provided there is no increase in parking lot size or the number of parking spaces. 5. Lot lines abutting platted street rights-of-way that are have remained unopened for at least ten years are exempted from streetscape buffer requirements. D. LANDSCAPING PLAN REQUIRED 1. Generally a. A landscape plan depicting how required landscaping will be planted in accordance with these standards shall be included with an application for site plan, preliminary plat, zoning permit, or building permit, as appropriate, to ensure compliance with this section. b. The landscape plan shall be approved prior to, or concurrent with, the approval of a site plan, preliminary plat, zoning permit, or the issuance of a building permit. c. A landscape plan shall contain, as a minimum, the following: i. Location of required planting material; ii. Identification of trees and plants, including their scientific names; iii. Minimum and maximum dimensions of all planting yard areas (see Section , Rules of Measurement); iv. Calculations determining the number of canopy trees, understory trees, and shrubs required (see Section , Rules of Measurement); v. Locations, species, and sizes of existing vegetation to be retained and counted towards minimum landscaping requirements; and vi. Existing topography, or proposed topography where site grading is proposed to occur. 2. Stormwater Detention Pond Landscaping If landscaping is proposed around or on the embankment of a stormwater detention pond, a landscape plan must be submitted for review to determine that the safety and functionality of the device will not be compromised by the addition of trees and/or shrubs. 3. Landscaping in Bio-retention Cells Trees and shrubs used in bio-retention cells or rain gardens located in parking lots or within landscape yards may be counted toward tree or shrub requirements provided they meet the minimum specifications in Section E, Plant Material Specifications. 4. Phased Development Development that is planned in phases may submit a landscape plan for the entire development, or separate landscape plans for each phase, which shall be approved prior to approval of the final plat. E. PLANT MATERIAL SPECIFICATIONS 1. Canopy Tree Size a. Canopy trees shall have a minimum height at maturity of 40 feet and a minimum crown width of 30 feet. b. All canopy trees shall have a minimum caliper size of two inches at planting. c. Evergreen trees shall be a minimum of six feet in height at planting. 2. Understory Tree Size a. Understory trees shall have a minimum height at maturity of 25 to 40 feet, except that trees to be placed below overhead utility lines may not exceed a mature height of

205 ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection F. Landscaping Placement feet. b. Drought tolerant understory trees must have a minimum caliper size of one inch at planting. c. All other understory trees must have a minimum caliper size of two inches at planting. 3. Shrub Size and Variety a. All shrubs shall be at least a three-gallon size and have a minimum height or spread of 18 inches at the time of planting. b. Shrubs shall reach a minimum height of 36 inches and a spread of 30 inches within three years of planting. c. Decorative grasses may be proposed as a substitute for shrubs, provided the grasses meet the screening objectives and are approved by the UDO Administrator. 4. Native or Locally-Adapted Species a. Required landscaping materials shall be cold-hardy for the location where planted. b. Plant species used in required landscaping areasmust be native species or species of a locally-adapted nature. Other species may be approved by the UDO Administrator. 5. Species Diversity To curtail the spread of disease or insect infestation in a plant species, new plantings shall comply with the Town s plant material specifications and the following standards: a. When fewer than 20 trees are required on a site, at least two different species shall be utilized, in roughly equal proportions. b. When more than 20 but fewer than 40 trees are required to be planted on site, at least three different species shall be utilized, in roughly equal proportions. c. When 40 or more trees are required on a site, at least four different species shall be utilized, in roughly equal proportions. d. A larger number of different species than specified may be utilized. e. In no instance shall invasive species be utilized as landscaping materials to meet the requirements of this section. 6. Stabilization a. Required landscaping areas shall be stabilized and maintained with ground cover, mulch, or other approved materials to prevent soil erosion and allow rainwater infiltration. b. Required landscaping areas with slopes of 15 percent or more shall be stabilized with vegetative cover to minimize erosion and mulch washout. c. Use of landscape fabric on slopes of 15 percent or more is discouraged. F. LANDSCAPING PLACEMENT 1. Grouping of Plant Material a. Except within a Type A perimeter buffer or within a parking lot perimeter area, required plant material may generally be grouped or clustered, however, the overall screening intent must be adequately addressed. Groupings or clusters shall be depicted on the landscape plan. b. Required plant material in a Type A perimeter buffer may not be grouped, and shall be planted according to the required on-center spacing in Table I.4, Buffer Configuration. c. Perimeter landscaping materials adjacent to parking lots, access drives, loading areas, and outdoor storage may not be grouped. 2. Multiple-Lot Development a. A multiple-lot development, such as a shopping center, that is configured and developed as a single entity shall be treated as a single lot for the purposes of applying the landscaping standards. 5-25

206 ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection F. Landscaping Placement b. Individual lots located within a multiple-lot development are not required to provide perimeter buffers along lot lines internal to the development, but the perimeter of the development shall be subject to the standards in Section I, Perimeter Buffers (see Figure F.2: Multiple Lot Landscaping). FIGURE F.2: MULTIPLE LOT LANDSCAPING 3. Easements a. Trees may be located within a required easment on a case-by-case basis with the permission fo the easement holder. b. Shrubs may be planted within the outer three feet of an easment, subject to approval by the easement holder (whether such easement pertains to above or below ground rights). c. When landscaping is within an easement, the easement holder is responsible for replacement of any required vegetation if maintenance or other utility requirements result in its removal. d. When shrubs are planted in a drainage easement, they shall not impact the easement design or impede the flow of water through the easement. e. Where an easement and a required landscape area coincide, there is a prohibition on planting within the easement and the remaining width is not sufficient to properly contain required plant material, then the required landscaping area width shall be expanded outside the easement. 4. Fire Protection System Minimum clear separation distances required by the current adopted version of the North Carolina Fire Code shall be maintained for landscaping near a fire protection system. 5. Plantings in the Right-of-Way Required planting materials shall not be located within a public or private street right-of-way. 6. Permitted Encroachments The following are permitted in required landscape areas as indicated, provided the landscaping requirements are met and there is no interference with visibility at intersections. a. The following features may be located entirely within required landscaping areas provided the screening function of the landscaping is maintained: i. Landscaping features such as, ornamental pools, planting boxes, sculpture, arbors, trellises, and birdbaths; ii. Pet shelters; 5-26

207 ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection G. Features Within Required Landscaping Areas iii. Ornamental entry columns, gates, fences, walls, and retaining walls; iv. Flagpoles of 30 feet in height or less; v. Lamp and address posts; vi. Utility cabinets of four feet in height or less; vii. Mailboxes; and viii. Signage. b. The following features may cross a required landscaping area in a manner that minimizes the impact to the required landscaping: i. Driveways, sidewalks, or pedestrian accessways; ii. Utilities; and iii. Stormwater management facilities. 7. Prohibited Features The following features shall not be located within a required landscaping area: a. A principal building or open air use; b. An accessory structure or open air use other than those permitted in subsection (6); c. Off-street parking or loading areas; or d. Outdoor storage. G. FEATURES WITHIN REQUIRED LANDSCAPING AREAS 1. Berms a. Berms may be used independently, or in conjunction with a wall or fencing, to meet the screening intent of a perimeter buffer or other required screening. b. Berms shall have a slope not exceeding 3:1 (horizontal to vertical), have a crown width at least ½ the berm height, and be no taller than six feet above the toe of the berm. c. Berms shall be stablized with vegetation and ground cover. d. A berm may not damage the roots of existing healthy vegetation to be preserved. e. A berm shall not interfere with required a sight distance triangle. 2. Fences and Walls a. Opaque fences or walls, a minimum of four feet in height, constructed within required landscaping areas, may reduce the minimum and average perimter buffer width requirement in accordance with Table I.4, Buffer Configuration. b. If utilized, fences or walls shall be located within the required landscaping area and all required shrubs shall be planted between the fence or wall and the lot line. Required trees may be planted behind the fence or wall (see Figure G, Fences or Walls in Required Landscaping Areas). FIGURE G, FENCES OR WALLS IN REQUIRED LANDSCAPING AREAS 5-27

208 3. Planters ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection H. Parking Lot Landscaping a. Planters, if provided, shall be constructed of masonry, stone, or pressure treated lumber stamped for ground contact. Other materials may be approved, based upon their durability, by the UDO Administrator. b. Planters shall have a minimum height of 30 inches and have an effective planting area of seven feet (measured in any direction) if trees are to be planted and an effective planting area of four feet (measured in any direction) if no trees are to be included. c. The minimum height of shrubs in the planter, except for ground cover, shall be six inches at the time of planting. H. PARKING LOT LANDSCAPING All parking lots of four or more spaces serving multi-family, mixed-use, and nonresidential developments shall comply with the following parking lot landscaping standards: 1. Shade Trees All parking lots shall include shade trees to reduce the heat island effect and soften the appearance of the parking lot, in accordance with the following standards: a. Parking lot landscaping shall include at least one canopy tree for every 12 parking spaces (see Figure H.1: Shade Trees in Parking Lots). b. Required canopy trees shall be placed such that no parking space is more than 60 feet from the trunk of a canopy tree. c. Required canopy trees shall be distributed throughout parking areas and may be located in landscape islands, landscape divider medians, between rows of parking, in driveway medians, and within ten feet of the perimeter of the parking lot. FIGURE H.1: SHADE TREES IN PARKING LOTS 5-28

209 2. Interior Plantings ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection H. Parking Lot Landscaping a. Area to be Landscaped For the purposes of this section, the interior of a parking lot shall be all of the area within the outer boundary of the parking lot including interior and corner landscape islands intended to fulfill the interior parking lot landscaping requirements, but not including perimeter parking lot landscaping. b. Landscaping Islands and Strips A parking aisle with more than 12 spaces in a single row shall provide and maintain landscaping islands at each end, or provide landscaping stripsalong the full length of the row, in accordance with the following standards. i. Islands shall have a minimum dimension of nine feet and a minimum area of 162 square feet, including the curb (if curbing is provided). ii. Landscape islands that do not contain canopy trees shall contain three or more shrubs and also may contain understory trees. iii. Landscaping islands intended for the placement of canopy or understory trees iv. shall maintain a minimum width of nine feet. Landscape strips between adjoining rows of parking spaces or serving as driveway medians shall have a minimum dimension of nine feet, including the curb (if provided). Landscape strips that do not have canopy trees shall include shrubs planted no more than 10 feet on-center. v. Landscaping strips running the full length of a row of parking spaces shall be provided so that no more than four rows of parking spaces are provided without a landscaping strip (see Figure H.2.b: Landscaping Strips in Parking Lots). FIGURE H.2: LANDSCAPING STRIPS IN PARKING LOTS c. Separation of Light Poles and Trees In order to prevent the need to excessively trim trees within landscape areas and to maintain the effectiveness of parking area lighting, light poles shall be spaced at least ten linear feet from a canopy tree trunk, to the maximum extent practicable (see Figure H.2.c: Separation of Trees and Lights). 5-29

210 ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection H. Parking Lot Landscaping FIGURE H.2.C: SEPARATION OF TREES AND LIGHTS d. Protection of Landscape Islands i. Landscape islands shall be protected from vehicle damage by the installation of curbing, wheel stops or other comparable methods. ii. The placement of plant material within landscape islands shall allow for a twoand-one-half-foot vehicle overhang from the face of the curb or wheel stop. e. Protection of Pedestrian Accessways Pedestrian accessways shall be located at least five feet from tree trunks, to the maximum extent practicable. In cases where a pedestrain accessway must be located closer then five feet from a tree trunk, wooden walkways, pervious pavers, or other method shall be used for the accessway. f. Stormwater Management A landscape island may be designed to function as a stormwater management device provided its landscaping performance function is maintained. g. Structural Soil Required Landscaping islands and strips located within a parking lot shall be comprised of properly preapred structural soil that has been properly amended and cultivated to support healthy vegetation. 3. Perimeter Plantings a. Intent Parking lot perimeter landscaping shall be designed to soften the view of the parking lot from an abutting street or development and to filter spillover light from vehicle headlights. Required plant material shall be planted in such a way as to best achieve this intent. b. Location i. Required plant material shall be placed adjacent to the perimeter of the parking area (see Figure H.3: Parking Lot Perimeter Landscaping). ii. Depending upon the geometric relationship of the parking lot to the property lines or to topographic conditions, plant material may be placed away from the edge of the parking area, if necessary, to best achieve the intent of this section, as determined by the UDO Administrator. c. Planting Rate i. Parking lot perimeter landscaping shall consist of a single continuous row of 5-30

211 ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection I. Perimeter Buffers ii. evergreen shrubs planted no greater than three feet on-center. Applicants may propose an alternative plant species (such as native grasses) provided the proposed plant material provides a fully opaque screen to a minimum height of 36 inches above grade throughout the year. FIGURE H.3: PARKING LOT PERIMETER LANDSCAPING d. Size of Plant Material Shrubs used for parking lot perimeter landscaping shall be of a minimum size necessary to achieve a height of 36 inches above grade within three years of planting. e. Alternatives Perimeter parking lot plantings may be supplemented or replaced through use of a vegetated berm configured in accordance with Section G.1, Berms, or a fence or wall that meets the screening objective of this section and is configured in accordance with Section , Fences and Walls. f. Exemption Where off-street parking lots are adjacent to one another, but on different lots, perimeter plantings are not required along the common boundary of the parking lots. I. PERIMETER BUFFERS 1. Purpose and Intent These standards are proposed to eliminate or minimize potential nuisances, such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas through physical and visual separation between incompatible land uses, or between land uses and adjacent roadways. 2. Applicability Development shall provide perimeter buffers in accordance with Table I.5, Buffer Application. 3. Buffers Distinguished Table I.4, Buffer Configuration, establishes the standards for the following perimeter buffers: a. Type A Opaque Buffer; b. Type B Semi-Opaque Buffer; and c. Type C Intermittent Buffer. 5-31

212 ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection I. Perimeter Buffers 4. Buffer Configuration Table I.4, Buffer Configuration, sets out the minimum requirements for each type of perimeter buffer. TABLE I.4: BUFFER CONFIGURATION BUFFER TYPE MINIMUM REQUIREMENTS OPTION 1 OPTION 2 Type A Opaque Buffer Intent: This landscape yard functions as an opaque screen from the ground to a height of 8 feet. This type of buffer prevents visual and auditory contact between uses and creates a strong impression of total separation. The image above shows the buffer at maturity. Average width (feet) [1] Minimum width (feet) [1] Canopy trees per every 100 linear feet (#) / on-center spacing (feet) 3/33 4/25 Understory trees per every 100 linear feet (#) / on-center spacing (feet) 6/16 2/50 Shrubs per every 100 linear feet (#) 25 [2] Minimum evergreen shrub percentage (%) Additional Standards N/A [3] 5-32

213 ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection I. Perimeter Buffers TABLE I.4: BUFFER CONFIGURATION BUFFER TYPE MINIMUM REQUIREMENTS OPTION 1 OPTION 2 Type B Semi-Opaque Buffer Intent: This landscape yard functions as a partially opaque screen from the ground to a height of six feet. This type of buffer prevents visual contact between uses and creates a sense of spatial separation. The image above shows the buffer at maturity. Average width (feet) [1] 10 8 Minimum width (feet) [1] 8 5 Canopy trees per every 100 linear feet (#) 1/ 1 Understory trees per every 100 linear feet (#) / on-center spacing (feet) 4/16 2/50 Shrubs per every 100 linear feet (#) 15 [2] Minimum evergreen shrub percentage (%) Additional Standards N/A [4] 5-33

214 ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection I. Perimeter Buffers TABLE I.4: BUFFER CONFIGURATION Type C Intermittent Buffer BUFFER TYPE MINIMUM REQUIREMENTS OPTION 1 OPTION 2 Intent: This landscape yard functions as an intermittent visual screen from the ground to a height of five feet. It is intended to partially block visibility between different uses but not totally obstruct visual contact from one use to another. The image above shows the buffer at maturity. Average width (feet) [1] 5 4 Minimum width (feet) [1] 4 3 Canopy trees per every 100 linear feet (#) 1 N/A Understory trees per every 100 linear feet (#) / on-center spacing (feet) N/A 3/33 Shrubs per every 100 linear feet (#) 7 4 Minimum evergreen shrub percentage (%) NOTES: [1] In cases where the required district setback is less than the required perimeter buffer width, the perimeter buffer width shall be reduced, as necessary. [2] Shrubs shall be planted every six feet on-center along the full course of the fence or wall between the fence or wall and the lot line. [3] A six-foot opaque fence, wall, berm, or combination shall be provided within the required perimeter buffer. [4] A four-foot opaque fence, wall, berm, or combination shall be provided within the required perimeter buffer. 5-34

215 ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection I. Perimeter Buffers 5. Buffer Application Table I.5, Buffer Application, specifies the type of perimeter buffer that new development shall provide between it and adjacent land, based on the zoning district of the development site and that of the adjacent land. The buffer type is indicated by a letter corresponding to one of the three buffer types described in Table I.4, Buffer Configuration. TABLE I.5: BUFFER APPLICATION ZONING DISTRICT OF DEVELOPING LAND CIR, CPY, COR ZONING DISTRICT OF ADJACENT LAND [1] MUN, MHI RSC, RSW, RSN, RSM, RSD, RMF CIR, CPY, COR N/A B [2] A [2] MUN, MHI C N/A A RSC, RSW, RSN, RSM, RSD, RMF B C N/A NOTES: [1] N/A = not applicable; no perimeter buffer required. [2] No perimeter buffer shall be required in cases where a single-family detached or duplex dwelling in the CIR abuts a single-family detached or duplex dwelling in an adjacent zoning district. 6. Buffer Responsibility a. Adjacent to Vacant Parcel Where a developing parcel is adjacent to a vacant parcel and a perimeter buffer is required in accordance with this section, the developing parcel shall provide a minimum of one-half of the perimeter buffer required adjacent to the vacant land. b. Adjacent to Existing Land Use(s) i. Where a developing parcel is adjacent to an existing use and a perimeter buffer is required in accordance with this section, the developing parcel shall provide the full perimeter buffer required adjacent to the existing use in accordance with Table I.4, Buffer Configuration, and Table I.5, Buffer Application, unless a portion or all of a perimeter buffer that complies with the standards of this section already exists between the lots. ii. Where part of a perimeter buffer exists, but the buffer does not fully comply with the standards of this section, the developing parcel shall be responsible for providing only the additional planting material on-site necessary to meet the standards of this section. iii. The landscape plan shall include photographs and a description of existing vegetation on adjacent lands that are to be counted towards meeting the perimeter buffer requirements in this section. 7. Buffer Location a. Perimeter buffers required by this section shall be located along the outer perimeter of the lot and shall extend to the connecting lot lines (see Figure J. 7: Buffer Location). b. In cases where the lot line is within a drainage swale, the perimeter buffer shall extend to the edge of the swale instead of the lot line. 5-35

216 ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection J. Streetyard Buffers c. A perimeter buffer may be located along shared access easements between parcels in nonresidential developments. FIGURE J. 7: BUFFER LOCATION J. STREETYARD BUFFERS Development subject to these landscaping standards shall provide a streetyard buffer in accordance with the following standards: 1. Where Required Streetyard buffers shall be provided along all lot lines bounded by a collector or thoroughfare street right-of-way. 2. Required Plant Material Streetyard buffers shall be configured in one of the following three ways (see Figure J: Streetyard Buffers): a. Two canopy trees per every 100 linear feet of property frontage of frontage; b. One canopy tree and two understory trees per every 100 linear feet of frontage; or c. In cases where overhead utilities are present, three understory trees per every 100 linear feet of frontage. 3. Configuration a. A streetyard buffer shall maintain a minimum width of ten feet. b. Driveway widths (measured at the inside edge of the buffer) are excluded from the streetyard buffer distance calculation. c. Required sight distance triangles are excluded from the buffer length determination, and streetyard buffer landscaping material shall not be located within a required sight distance triangle. d. While the streetyard buffer width is typically located parallel to the lot line, design variations are allowed subject to the approval of the UDO Administrator, as needed to address existing obstructions or topographic conditions. 5-36

217 ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection K. Planting Flexibility FIGURE J: STREETYARD BUFFERS K. PLANTING FLEXIBILITY 1. Credit for Existing Vegetation a. In order to encourage the preservation of established vegetation, credit shall be given for preservation within the proposed buffer or other required landscaping areas on a one-for-one basis. In limited cases, the UDO Administrator may allow the applicant to count established vegetation located outside of the required planting area (such as streetyard buffers) towards the landscaping requirement. b. Vegetation to be credited towards these requirements shall be protected in accordance with these standards before and during development of the site and maintained thereafter in a healthy growing condition. 2. Plantings in Shaded Areas In cases where required landscaping material would be heavily shaded by buildings on either side of the lot line, required trees and shrubs may be planted outside the shaded area to improve their chances of survival. 3. Revisions to Approved Landscaping Plans Due to seasonal planting problems and/or a lack of plant availability, approved landscape plans may require minor revisions. Minor revisions to planting plans may be approved by the UDO Administrator if: a. There is no reduction in the quantity of plant material. b. There is no significant change in size or location of plant materials. c. The new plants are of the same general category (i.e., shade tree, ornamental tree, evergreen, or shrub) and have the same general design characteristics (mature height, crown spread) as the materials being replaced. 4. Alternative Landscaping Plans An alternate landscape plan may be approved by the UDO Administrator, that allows modifications to the requirements of this section. Natural physical conditions (such as wetland areas, topography, or non-arable soils), lot configuration, utility easements, desire to retain existing vegetation, and impractical situations that would result from application of this section, may justify approval of an alternate landscape plan. a. Intent Any alternate landscape plan approved shall meet the intent of the applicable planting yard(s) and the purpose and intent of the landscaping standards of this section. b. Allowable Modifications i. The following landscape standards may be modified by an alternate landscape plan. 5-37

218 ii. ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection N. Site Inspection a). b). c). The location of required plant materials; The configuration of required plant materials; and The number of required plant materials. The alternative landscape plan shall include justification for the modifications requested, based upon but not limited to the following: a). The presence or planned location of public utilities, infrastructure, or easements; b). The location of existing healthy vegetation or other beneficial site features to be retained after development; c). The size, shape, or topographic elevation of the site relative to the street(s) it abuts; and d). The need to protect solar access or avoid permanently shaded areas on the site. L. TIME OF INSTALLATION 1. A certificate of occupancy shall not be issued, until all seeding, trees, and plant material have been placed in accordance with the approved site plan and requirements of this section. 2. A temporary certificate of occupancy may be issued for a period of 120 days under circumstances that would affect the seeding and planting of the site, or until the proper planting season is reached to complete the landscaping requirements, and may be extended up to 90 days upon request to the UDO Administrator. M. REQUIRED MAINTENANCE 1. Responsibility The responsibility for maintenance of required landscaping areas shall remain with the owner of the property, his or her successors, heirs, assignees or any consenting grantee. Maintenance is required in order to ensure the proper functioning of the plantings as a landscaped area which reduces or eliminates nuisance and/or conflict. 2. Maintenance a. All plantings shall be maintained in an attractive and healthy condition. Maintenance shall include, but not be limited to: watering, mulching, fertilizing, and pest management, mowing, weeding, removal of litter and dead plant material, and necessary pruning and trimming. b. Necessary pruning and trimming shall be in accordance with the Tree Care Industry Association (TCIA) Standards for the Professional Arborist, and shall not be interpreted to include topping of trees through removal of crown material or the central leader, or any other similarly severe procedures that may cause irreparable harm to the natural form of the tree, except where such procedures are necessary to maintain public overhead utilities. Any such activity shall be a violation of these zoning regulations. c. Dead or diseased plantings shall be removed. Unless specifically exempted (such as understory trees shaded by canopy trees), replacement plantings shall be provided for any required plants which die or are removed for any reason and shall meet all minimum standards and conform to these regulations. d. Natural water courses within a buffer shall be maintained in a natural condition consistent with any applicable regulations. e. Landscape structural features such as walls, fences, berms, or water features shall be maintained in a structurally safe and attractive condition. f. Where other uses, including pedestrian bicycle accessways, are allowed within a required landscaping area, these uses shall be maintained to provide for their safe use. 3. Failure to Maintain a. Failure to maintain required landscaping areas is a violation of this Ordinance, in 5-38

219 ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection O. Revegetation accordance with Article 18-9: Enforcement. b. Through the course of enforcement of these standards, the Town may recover the cost of enforcement, including reasonable attorney fees. c. The Town may also, following reasonable notice and a demand that deficiency of maintenance be corrected, enter a landscaping area to conduct required maintenance. The cost of maintenance shall be charged to those persons having the primary responsibility for maintenance of the buffer area. N. SITE INSPECTION 1. Post Construction Inspection a. A permanent certificate of occupancy for the development shall not be issued unless the landscaping required under this section is installed in accordance with these standards and in accordance with the approved site plan or subdivision plat. b. No person shall refuse entry or access to any staff or authorized representative, of the Town who requests entry for the purpose of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with that representative while in the process of carrying out official duties. 2. Follow-up Inspection The UDO Administrator or his/her designee shall inspect the site one year after the issuance of a permanent certificate of occupancy in order to ensure compliance with the approved site plan and to ensure that the landscaping is properly maintained. 3. Periodic Inspection a. The UDO Administrator may periodically inspect sites subject to the provisions of this Ordinance. If, through inspection, it is determined that a site does not comply with the approved site plan or subdivision plat, a notice to comply shall be served upon the landowner by registered mail with return receipt or other means by the Town. b. The notice shall set forth that which will be necessary to comply with the Ordinance. c. The Town shall have the power to conduct investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Ordinance and for this purpose may enter at reasonable times upon the property, public or private, for the purpose of inspecting the site(s) subject to the provisions of this Ordinance. O. REVEGETATION 1. Damage or Removal of Vegetation is a Violation a. The damage, disturbance, or removal of any landscaping area or vegetation required by this section shall constitute a violation of this Ordinance. b. Damage or removal of existing vegetation required to be preserved during the course of development activity shall be subject to civil penalty of $2.00 for every square foot area of vegetation damaged or destroyed, not to exceed $30, Replacement Required a. Any disturbed landscaping areas, areas of preserved existing vegetation, or required plant material shall be replaced in accordance with the approved development application and these standards. b. Trees or vegetation that die within one year of construction completion shall be removed and replaced with new vegetation of equal or greater size. 3. Revegetation Plan Required In cases where required landscaping or existing vegetation required to be preserved is damaged, disturbed, or removed, a revegetation plan shall be submitted for review and approval by the UDO Administrator, in accordance with the following standards: a. Any tree with a caliper of at least eight inches that is damaged or removed shall be replaced with one or more trees that have a caliper of at least two and one-half (2½) 5-39

220 ARTICLE DEVELOPMENT STANDARDS Section Landscaping Subsection P. Emergencies inches and a cumulative caliper equal to or greater than the original tree. b. Trees damaged or destroyed less than eight inches in diameter shall be replaced to satisfy the performance criteria of this section. c. Understory trees and shrubs may also be required to restore the landscaping performance criteria for the disturbed area. 4. Location of Replacement Trees and Vegetation a. Replanting shall be located within the vicinity of the violation. b. If the area is too small for sufficient growth, a more suitable location on the site may be selected, as permitted by the UDO Administrator. P. EMERGENCIES In the case of emergencies such as windstorms, ice storms, fire, or other disasters, the Town may reduce or suspend the requirements of this Ordinance during the emergency period so that the requirements of this Ordinance will in no way hamper private or public work to restore order in the Town. 5-40

221 TREE PRESERVATION A. GENERAL REQUIREMENTS ARTICLE DEVELOPMENT STANDARDS Section Tree Preservation Subsection D. Preservation of Trees During Construction 1. Existing vegetation shall be preserved whenever feasible. 2. The decision to preserve vegetation shall be made jointly by the TRC, developer and design team during the project approval process. 3. Determinations on how vegetation shall be preserved will be based on the results of a protected tree survey as required by Section B, Tree Survey Required. 4. Protected tree surveys are not required for the consideration of rezoning requests. 5. If it is determined that no protected trees exist on a proposed development site, the applicant shall provide documentation supporting this claim in conjunction with an application for a zoning permit. 6. When selecting which trees to preserve, the following shall be considered: a. Existing and proposed grading; b. Age, condition and type of tree; and c. Location of site improvements and utility connections. 7. Trenching, placing backfill in the critical root zone (CRZ), driving or parking equipment in the CRZ, and dumping of trash, oil, paint or other materials detrimental to plant health in close proximity of the trees to be preserved is prohibited. 8. Requirements for the protection of trees during the construction phase of a project are outlined within Section D, Preservation of Trees During Construction. 9. Should any tree designated for preservation in the landscape plan die during or subsequent to the construction phase of a project, the owner shall replace it within 180 days with landscaping equal to what would be required in this Ordinance. B. TREE SURVEY REQUIRED 1. The primary objective of tree survey requirements is to provide better information about the presence and location of protected trees on sites proposed for development. This information is needed in cases where an applicant seeks to get credit towards other landscaping requirements through the retention of existing vegetation. 2. Tree survey requirements do not obligate a property owner or developer to save trees by modifying a plan for development. 3. A protected tree survey shall be required for any multi-family development, nonresidential development, or major subdivisions, with applications for site plan, preliminary plat or development plan that seek to use existing vegetation towards landscaping requirements. The protected tree survey shall show the general location, species and size of any tree. C. REMOVAL OF EXISTING TREES 1. A permit shall be required for the removal or destruction of a large or small mature tree or trees. 2. The permit shall be issued when the UDO Administrator or his/her designee has determined that: a. The mature tree or trees to be removed are dead, diseased, irreparably damaged, hazardous, or creating or potentially creating damage to the property or injury to person; or b. An approved landscape plan has been issued in accordance with this Ordinance. 3. A permit is not required for the area of an approved plan designated as single-family or duplex residence, exclusive of open space. 4. Trees to be removed from the public rights-of-way by electric utilities and other utilities must be replaced by such entity in equal quantity. D. PRESERVATION OF TREES DURING CONSTRUCTION 5-41

222 ARTICLE DEVELOPMENT STANDARDS Section Tree Preservation Subsection D. Preservation of Trees During Construction The following standards are required in cases where existing vegetation is to be retained and credited towards landscaping requirements. Barricades required under these standards shall be located around vegetation to be retained during and after construction. 1. Protective Barricades Required Protective barricades shall be placed around all protected trees designated to be saved, prior to the start of development activities or grading, in accordance with the following: a. Protective barricades shall consist of two-inch four-inch posts with one-inch fourinch rails or orange safety fence. b. Protective barricades shall remain in place until development activities are complete. 2. Activity within Protective Barricades a. The area within the protective barricade shall remain free of all building materials, stockpiled soil or other construction debris. b. Construction traffic, storage of vehicles and materials, and grading shall not take place within the protective areas of the existing trees. 3. Location of Barricades Barricades shall be erected at a recommended minimum distance from the base of protected trees according to the following standards (see Figure : Tree Protection Fencing): a. Trees Ten Inches or Less in DBH Protective barricades shall be placed a minimum distance of ten feet from the base of each protected tree, or outside the dripline, whichever is greater. b. Trees Greater than Ten inches in DBH Protective barricades shall be placed at a minimum distance equal to ten feet from the base of a protected tree plus an additional one foot for each additional one inch in DBH greater than ten inches of DBH, or outside the dripline, whichever is greater. FIGURE : TREE PROTECTION FENCING 4. Access Construction access to a site should occur where an existing or proposed entrance/exit is located. 5. Grading a. Except for driveway access points, sidewalks, curb and gutter, land disturbance within a 5-42

223 ARTICLE DEVELOPMENT STANDARDS Section Tree Preservation Subsection E. Clear Cutting tree dripline is prohibited. b. Where grading within a tree dripline cannot be avoided, cut and fill shall be limited to one-fourth (¼) to one-third ( 1 / 3 ) of the area within the dripline, tree roots must be pruned with clean cuts at the edge of the disturbed area, and no fill shall be placed within the dripline of a tree without venting to allow air and water to reach the roots. 6. Trees in Open Space Trees and undergrowth in designated open space in an approved plan shall remain undisturbed, except for permitted pathways. E. CLEAR CUTTING 1. Prior to Development a. Properties shall not be clear-cut prior to undertaking development activities. b. Along public rights-of-way, a buffer consisting of all existing vegetation located in a required street yard shall be maintained, exclusive of areas required for access to the site. c. Applications proposing development of properties that failed to maintain such a buffer prior to development may be denied for a period of up to five years from the date of clearing in conformance with Section 160A of the North Carolina General Statutes. 2. During Development a. Properties shall not be clear cut while undertaking development activities. b. The preservation of the maximum amount of existing vegetation and selective removal of existing trees throughout the site is strongly encouraged during project design and construction. c. In order to encourage such preservation, the UDO Administrator may count established vegetation preserved during development towards the landscaping requirement. 5-43

224 ARTICLE DEVELOPMENT STANDARDS Section Solid Waste Collection Facilities and Mechanical Equipment Subsection E. Screening Methods SOLID WASTE COLLECTION FACILITIES AND MECHANICAL EQUIPMENT A. PURPOSE AND INTENT These standards are intended to reduce the visual impact of solid waste collection structures and service areas upon the public realm and adjacent lots as well as to enhance the aesthetics of development in the Town. B. APPLICABILITY 1. Unless exempted in accordance with Section C, Exemptions, the standards in this section apply to the following: a. Principal buildings constructed or open uses of land established after August 28, 2017; b. Changes in use; and c. Expansions of principal building floor area 1,000 or more square feet or expansions of off-street parking of 2,000 or more square feet. 2. For the purposes of this section, the site features subject to these standards include the following: a. Solid waste collection dumpsters, bins, and compactors; b. Recycling facilities (including cardboard recycling); c. Ground-based climate control equipment; d. Ground-based mechanical equipment (including electrical generators); e. Above ground storage tanks; and f. Loading equipment. C. EXEMPTIONS Solid waste collection facilities and mechanical equipment serving single-family detached and duplex dwellings shall be exempted from these standards, but these standards shall apply within manufactured home parks. D. GENERAL STANDARDS 1. Location No site features subject to these standards shall be located between the principal structure and the street it fronts. 2. Screening Required Site features subject to these standards shall be screened from view from streets, single-family detached residential dwellings, and duplex dwellings. E. SCREENING METHODS Site features subject to these standards that are required to be screened in accordance with Section D.2, Screening Required, may be screened by any of the following methods, in single use or in combination (see Figure E: Screening Methods): 1. Evergreen vegetation configured to provide a fully-opaque screen to a minimum height of six feet within four years of planting; 2. Vegetated berms supplemented with plantings as necessary to provide a fully-opaque screen to a minimum height of six feet within three years of planting; 3. An opaque fence constructed of treated wood, rot-resistant wood (such as cypress or redwood), plastic, or vinyl; 4. A masonry wall constructed of brick, textured concrete masonry units, or stuccoed block; or 5. Walls of a principal or accessory structure. 5-44

225 ARTICLE DEVELOPMENT STANDARDS Section Solid Waste Collection Facilities and Mechanical Equipment Subsection F. Specific Standards for Solid Waste Facilities FIGURE E: SCREENING METHODS F. SPECIFIC STANDARDS FOR SOLID WASTE FACILITIES 1. All dumpsters and trash receptacles shall meet the minimum setback requirements of the underlying zoning district. 2. All required dumpster, recycling, and trash handling facilities shall be designed with appropriate means of access to a street or alley in a manner that will least interfere with traffic movement, and will most facilitate the service of the facilities. 3. Space allocated to any trash handling facilities shall not be used to satisfy the space requirements for off-street parking or loading facilities, nor shall any parking or loading spaces be used to satisfy the space requirements for any dumpster or trash handling facility. 5-45

226 FENCES AND WALLS ARTICLE DEVELOPMENT STANDARDS Section Fences and Walls Subsection D. Height A. APPLICABILITY The provisions of this section shall apply to all construction or replacement of all fences, screening walls, or retaining walls. A fence or wall may only be erected in accordance with this section and Section Z, Zoning Permit. B. EXEMPTIONS The following are exempted from the standards in this section: 1. Temporary fences for construction sites, including but not limited to: fencing necessary for soil erosion and sedimentation control and tree protection. 2. The fence height limitations in this section shall not apply to fences built in conjunction with the following: a. Electric or gas substations; b. Water or sewage treatment facilities; or c. Municipal water storage facilities. C. LOCATIONAL STANDARDS 1. General No fence or wall shall: a. Be located within the public right-of-way (except for public fences or walls, or as needed for retention of soil); b. Impede visibility of the required property address number; c. Block pedestrian access from doors or windows; or d. Be located within two feet or less of a building wall (except where a fence or wall originates or terminates at a fence or wall). 2. Easements a. Fences may be located within a required easement, subject to any additional restrictions imposed by the easement agreement. However, the landowner shall remain solely liable for any repair or replacement if any portion of the fence or wall is damaged during maintenance or construction activities within the easement by the easement owner or their agent. b. Walls shall not be placed within a required drainage, utility, or other easement unless specifically allowed by the easement agreement. 3. Block Drainage Fences or walls shall not alter or impede the natural flow of water in any stream, creek, drainage swale, or ditch. 4. Obstructions at Intersection No fence or wall shall be located within a required sight distance triangle (see Section E, Visibility at Intersections). 5. Required Setbacks Fences or walls may be located within required setbacks, but shall not encroach into a lot under separate ownership. 6. Required Landscaping Areas Fences or walls may be located in required landscaping areas, subject to the standards in Section , Landscaping. D. HEIGHT 1. Maximum fence and wall height shall be in accordance with Table D, Maximum Fence and Wall Height: 5-46

227 ARTICLE DEVELOPMENT STANDARDS Section Fences and Walls Subsection F. Finished Side TABLE D: MAXIMUM FENCE AND WALL HEIGHT YARD TYPE MAXIMUM HEIGHT (FEET) [1] Front 4 Side and Rear 8 [2] NOTES: [1] Fence height limits shall not apply to chain link fences surrounding tennis courts or ball field backstops. [2] Retaining walls shall not exceed a maximum height of four feet, regardless of location 2. Fence and wall height shall be measured in accordance with the standards in Section O, Fence and Wall Height. E. MATERIALS 1. Permitted Materials The following fencing materials are permitted for fences: a. Masonry or stone; b. Ornamental iron, steel, or aluminum; c. Wood; d. Vinyl, plastic, or composite; or e. Chain-link, except where prohibited by this Ordinance. 2. Restricted Materials a. Barbed wire, razor wire, concertina wire, and similar materials may only be used in the following instances: i. Fences for public safety facilities, including potable water storage or treatment; or ii. Fences enclosing livestock. b. Fences that carry an electrical current are allowed solely for the purposes of enclosing livestock (nothing shall prohibit below-ground electrical fences intended for the keeping of pets). 3. Prohibited Materials a. Fences made of debris, junk, rolled plastic, sheet metal, untreated or unpainted plywood, readily flammable material, or waste materials, unless the materials have been recycled and reprocessed, for marketing to the general public, as building materials designed to resemble new building materials (e.g., picket fencing made from recycled plastic and fiber). b. In no instance shall tarps or silt fencing remain on a lot or site after completion of construction. 4. Materials for Temporary Fences Temporary fences in place for up to 90 days may be comprised of any material approved by the UDO Administrator. 5. Wall Material Standards a. Walls shall be constructed of one or more of the following materials: i. Stucco over concrete block; ii. Exposed aggregate concrete; or iii. Brick, stone, or architectural block assembled in a structurally safe and 5-47

228 ARTICLE DEVELOPMENT STANDARDS Section Fences and Walls Subsection G. Maintenance attractive condition. b. No walls of exposed or painted-only, smooth-face concrete block shall be permitted. c. Alternative wall materials may be permitted by the UDO Administrator provided they provide a similar level of opacity to that of the listed materials and are in keeping with the architecture of the development. F. FINISHED SIDE All fences or walls shall be configured so that the finished side faces outwards except when an alternative configuration is required by the State Building Code (see Figure F: Finished Side). For the purposes of this section, the finished side does not include any supporting members or bracing. FIGURE F: FINISHED SIDE G. MAINTENANCE 1. Any fence or wall which, through neglect, lack of repair, type or manner of construction, method of placement or otherwise, constitutes a hazard or endangers any person, animal, or property is hereby deemed a nuisance. 2. If such conditions exist, the UDO Administrator shall require the owner or occupant of the property upon which the fence or wall is located to repair, replace, or demolish the fence or wall causing the nuisance. 5-48

229 EXTERIOR LIGHTING ARTICLE DEVELOPMENT STANDARDS Section Exterior Lighting Subsection E. Lighting Plan A. PURPOSE AND INTENT The purpose of this section is to regulate exterior lighting to ensure the safety of motorists and pedestrians and to minimize adverse effects on adjacent land uses due to excessive light intensity or due to light trespass and glare. B. APPLICABILITY The provisions of this section shall apply to all development, unless exempted in accordance with Section C, Exemptions. 1. General a. The provisions of this section shall apply to all multi-family, nonresidential, and mixeduse development. b. Review for compliance with the standards of this section shall occur as part of the review of an application for a site plan, zoning permit, or building permit, as appropriate. 2. Expansions In the case of an expansion of an existing building, outdoor use area, or off-street parking lot, the following standards shall apply: a. For individual or collective expansions of 50 percent or less, the standards in this section shall apply only to the expanded portion; or b. For individual or collective expansions that exceed 50 percent, the standards in this section shall be applied to the entire development. C. EXEMPTIONS The following activities are exempt from the requirements of this section. 1. Special events and holiday displays; 2. Exterior lighting used exclusively for recreational activities, concerts, plays or other outdoor events that are open to the public, provided that the event or function meets all other applicable Ordinance requirements. Such lighting shall be located at least 50 feet from any adjoining residential district or use and shall not be illuminated except during the activity and brief periods immediately before and after the event. 3. FAA-required lighting on buildings, towers or other structures; 4. Security lighting controlled and activated by motion sensor devices for a duration of 15 minutes or less; 5. Public street lighting; 6. Lighting of official government flags; 7. Temporary lighting necessary for construction or emergencies, used by construction workers or emergency personnel; and 8. Exterior lighting associated with single-family detached, attached, and duplex dwellings, except that these forms of development shall be subject to Section D, Prohibited Lighting. D. PROHIBITED LIGHTING The following forms of exterior lighting shall be prohibited: 1. Traffic Control Signal a. Lighting that imitates an official highway or traffic control light or sign; b. Lighting in the direct line of sight with any traffic control light or sign; 2. Flashing or Revolving Flashing, revolving, or intermittent exterior lighting visible from any lot line or public street, except for permitted freestanding or wall signs in accordance with Section , Signage; 3. High Intensity Lighting 5-49

230 ARTICLE DEVELOPMENT STANDARDS Section Exterior Lighting Subsection F. Exterior Lighting Standards High intensity light beams, such as searchlights, laser, or strobe lights, except when used by federal, state, or local authorities, or for special events; and 4. Glare on Streets Lighting shall not be oriented so as to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers, bicyclists, or pedestrians. E. LIGHTING PLAN 1. Applicability a. An exterior lighting plan shall be required as part of the application review for all areas proposed for illumination that exceed 10,000 square feet in area. b. Projects with multiple areas proposed to be illuminated (such as separate parking lots) shall submit a site lighting plan if the sum of the multiple areas exceed 10,000 square feet. 2. Elements to Include Regardless of whether a an exterior lighting plan is prepared, site plan, zoning permit, and building permit applications, as appropriate, must indicate the following: a. Exterior lighting fixture type; b. Exterior lighting pole height; and c. Exterior lighting fixture shielding. 3. Certification Certification must be provided by the person preparing any plans that the proposed development complies with the exterior lighting standards of this section. F. EXTERIOR LIGHTING STANDARDS All lighting fixtures designed or placed so as to illuminate any portion of a site shall meet the following requirements. 1. Shielding a. Overhead lighting fixtures shall be designed to prevent light from emitting upwards towards the sky. b. Under canopy lighting fixtures should be completely recessed within the canopy. c. Wall packs shall be cut-off and wall-mounted floodlights shall be shielded (e.g., true cut-off type bulb or light source not visible from off-site) to direct light downward. d. Exterior lighting fixtures located on private property and visibile from a residential land use shall be configured so that the source of illumination (the bulb) is not visible from the residential land use (see Figure F: Exterior Lighting). FIGURE F: EXTERIOR LIGHTING). 5-50

231 2. Fixture Height ARTICLE DEVELOPMENT STANDARDS Section Exterior Lighting Subsection I. Nonconforming Lighting a. Lighting fixtures shall be a maximum of 40 feet in height within the parking lot and shall be a maximum of 15 feet in height within non-vehicular pedestrian areas. b. All light fixtures located within 50 feet of any single-family detached or duplex dwelling shall not exceed 15 feet in height. c. The UDO Administrator may allow fixtures above this height to provide internal lighting for stadiums, arenas, and similar facilities. 3. Lamp Type a. Incandescent, florescent, metal halide, light-emitting diode (LED), or color corrected high-pressure sodium are permitted. b. Non-color-corrected high pressure sodium lamps are prohibited. c. Other lamp types are allowed when the color emitted is similar to the permitted lamp types. d. The same lamp type must be used for the same or similar types of lighting on throughout a development. 4. Mounting Exterior lighting shall be mounted and configured in such a manner so that the cone of illumination is contained on-site and does not cross any lot line around the perimeter of the site. 5. Appearance a. Exterior lighting fixtures shall be designed as an integral element that complements the design of the project through compatible style, material, and color. b. Exterior lighting fixtures shall be designed in a consistent and coordinated manner for the entire site. G. LIMIT LIGHTING TO PERIODS OF ACTIVITY The use of sensor technologies, timers, or other means to limit lighting to times when it is needed may be required by the UDO Administrator to conserve energy, provide safety, and promote compatibility between different land uses. H. MAXIMUM ILLUMINATION LEVELS Exterior lighting shall be designed and located such that the maximum illumination measured in footcandles at ground level at any lot line shall not exceed the standards in Table H, Maximum Illumination Levels. TABLE H: MAXIMUM ILLUMINATION LEVELS MAXIMUM ILLUMINATION VALUE TYPE OF ABUTTING USE OR ZONING DISTRICT [1] AT THE LOT LINE (FOOTCANDLES) [2] Single-family residential or duplex use or land zoned for single-family development 1.0 Multi-family or mixed-use development or land zoned for multi-family or mixed-use development 1.5 Institutional use [3] 2.0 Commercial or industrial use or land zoned for uses other than residential 2.5 Parking lots

232 ARTICLE DEVELOPMENT STANDARDS Section Exterior Lighting Subsection I. Nonconforming Lighting TABLE H: MAXIMUM ILLUMINATION LEVELS TYPE OF ABUTTING USE OR ZONING DISTRICT [1] MAXIMUM ILLUMINATION VALUE AT THE LOT LINE (FOOTCANDLES) [2] NOTES: [1] These are the kinds of uses or zoning districts that abut the development. The maximum allowable illumination along any lot line shared with a single-family residential use is 1.0 footcandles, regardless of the type of use deploying the exterior lighting. [2] In cases where a single development occupies multiple lots, the lot line shall be the lot line(s) around the perimeter of the project. [3] Use types are organized by use classification in Table G, Principal Use Table. I. NONCONFORMING LIGHTING 1. Lighting fixtures that do not comply with these standards that were lawfully established as of August 28, 2017, may remain, and shall be considered nonconforming structures. 2. Any modifications, replacement, or expansions to the exterior lighting facilities serving a development shall conform to the standards of this Ordinance. 5-52

233 DESIGN STANDARDS ARTICLE DEVELOPMENT STANDARDS Section Design Standards Subsection E. Building Material Standards A. PURPOSE AND INTENT These design standards are proposed to promote architectural compatibility and the preservation of architectural character throughout the Town. More specifically, the purposes of this section are to: 1. Encourage establishment of a strong sense of place with vibrant commercial, office, and mixeduse development in Town; 2. Encourage a more pedestrian-friendly environment through attention to human-scale design and site features; 3. Foster greater compatibility between adjacent residential and nonresidential development; 4. Limit the impacts of automobile oriented development in commercial, office, and mixed-use areas; and 5. Enhance the appearance of development along major streets. B. APPLICABILITY The requirements of this section apply to the following forms of development: 1. New Construction a. Newly constructed residential development except single-family detached or duplex dwellings; b. Newly constructed nonresidential development; and c. Newly constructed mixed-use development. 2. Expansion, Additions, or Modifications of Existing Development Expansion or modification of an existing commercial, office, institutional, or multi-family use that increases the total enclosed floor area by the greater of: 50 percent or 5,000 square feet. C. EXEMPTIONS 1. The following forms of development are exempted from these standards: a. Uses in the Utilities Use Category of Table G, Principal Use Table; b. Single-family detached dwellings (except manufactured homes); c. Townhouses; and d. Duplex dwellings. 2. Development located in the CIR district shall comply with the applicable design standards in Section B, District-specific Standards, in addition to these standards. In cases where the standards conflict, the CIR district standards shall control. D. BUILDING ORIENTATION 1. The primary entrance shall be architecturally and functionally designed on the front facade facing the primary public street. 2. Except for multi-building developments such as shopping centers or campus-style developments, the front facade of the principal structure shall be parallel to the front lot line and street. 3. Ground mounted mechanical equipment, solid waste storage, recycling storage, and restaurant operations shall be located to the rear or side yard and screened from view of the street. E. BUILDING MATERIAL STANDARDS 1. Allowable Materials a. The following material are allowed on principal structures in the Town: i. Nonresidential Development The predominant exterior building materials for nonresidential and mixed-use development shall be of high quality, and may include: a). Brick; 5-53

234 ii. ARTICLE DEVELOPMENT STANDARDS Section Design Standards Subsection E. Building Material Standards b). c). d). e). f). Rock, stone, or tinted and textured concrete masonry units; Natural, decay-resistant, high quality exterior wood siding, shingles, or clapboards; Cementitious siding (sheet or plank); High-quality, architectural metal (stainless steel, copper, brushed nickel, brass, but excluding corrigated metal siding); and Transparent glass windows and doors. Multi-family Development a). b). Exterior materials on multi-family development shall be durable and residential in character. The predominate exterior building materials may include: i). Wood clapboard siding, ii). Wood shingles; iii). Brick; iv). Stone; v). Stucco; vi). Vinyl or aluminum siding. c). Suggested pitched roof materials include asphalt shingles, standing seam metal, slate, or similar materials. b. Artificial materials which closely resemble these materials shall also be allowed, but are subject to approval by the UDO Administrator. 2. Color a. Primary Colors Overly bright, neon, or day-glow colors shall not be used as primary exterior building colors. Nothing shall limit pastel or traditional coastal community material colors. b. Accent Colors Building trim and accent areas may feature brighter colors, including primary colors, but these colors may not comprise more than 15 percent of any building facade. 3. Configuration a. Where two or more materials are proposed on a building façade, the heavier or more massive material (like stone) shall be located below the lighter or less massive material (stucco). b. Heavier details may be permitted as details on corners or around doors and windows. c. Material changes shall take place at logical locations, such as the intersection of building wings or interior corners. d. Material changes shall not take place at outside corners, and material returns shall be included for a distance of at least two feet past an exterior building corner (see Figure E: Materials Configuration). 5-54

235 ARTICLE DEVELOPMENT STANDARDS Section Design Standards Subsection F. Massing and Articulation FIGURE E: MATERIALS CONFIGURATION 4. Standards for Facades Visible from Roadways and Residential Areas All facades that are visible from a public roadway or abutting a residential zoning district or use shall be constructed of one or a combination of the following materials: concrete aggregate, stucco, brick, stone, glass or wood, faced concrete block. 5. Prohibited Materials No portion of building constructed of unadorned (unfaced) concrete masonry units or corrugated and/or sheet metal may be visible from a public roadway. F. MASSING AND ARTICULATION 1. Purpose and Intent These massing and articulation standards are proposed to help ensure greater pedestrian orientation and architectural compatibility. This is achieved by limiting long monotonous or unbroken building walls in favor of building projections, recesses, offsets or other architectural features that provide visual interest. These standards are intended to: a. Reduce the apparent mass and bulk of building, as seen from the public realm; b. Ensure that all building walls receive some form of architectural treatment; c. Ensure an equal level of treatment to all buildings (including buildings on outparcels) in a multi-building development. d. Encourage buildings to present a continuity of style on all facades visible from the public realm. 2. Building Mass a. Buildings or developments with 15,000 or more gross square feet of floor area shall configure buildings to appear as individual volumes containing 15,000 or fewer square feet through the use of offsets, building wings, and lateral connections like breezeways (see Figure F.2: Building Massing). b. These standards are not intended to limit the maximum size of a building, rather, they are intended to minimize the mass or bulk size of a building as seen from the public realm. 5-55

236 ARTICLE DEVELOPMENT STANDARDS Section Design Standards Subsection G. Fenestration FIGURE F.2: BUILDING MASSING 3. Building Articulation Buildings subject to these standards shall be configured so that no single facade fronting a public street or public open space shall extend for longer than 35 linear feet without inclusion of one or more of the following features: a. The use of projections or recesses in the building façade wall with a depth of between 18 inches and 36 inches from the primay facade plane and a minimum span of eight feet (see Figure F.3: Articulation); or b. The use of columns or other architectural detail to provide visual interest. Where used, columns should be harmonious with the general design of the structure. FIGURE F.3: ARTICULATION 5-56

237 ARTICLE DEVELOPMENT STANDARDS Section Design Standards Subsection H. Awnings and Canopies G. FENESTRATION 1. Building subject to these standards shall be configured so that building facades facing public streets shall include a window or functional general access doorway at least every 20 feet along the façade (see Figure G.2 Fenestration). False or display casements are an allowable alternative, as approved by the UDO Administrator. 2. At least 25 percent of the first floor of the street facade(s) shall be transparent (including all sides facing a street right-of-way). False or display casements are not permitted in lieu of exterior window treatments for the frontage elevation. FIGURE G.2 FENESTRATION 3. Street level windows shall be visually permeable. 4. Mirrored or reflective glass is not permitted in any location. 5. A window shall be measured as follows (see Figure G.5: Window Measurement): a. Maximum sill height (first floor): 42 inches; b. Minimum area: 16 square feet; c. Minimum width: Three feet; and d. Minimum height: Four feet. FIGURE G.5: WINDOW MEASUREMENT 5-57

238 ARTICLE DEVELOPMENT STANDARDS Section Design Standards Subsection J. Alternative Compliance 6. Ventilation grates or emergency exit doors located at the first floor level oriented toward a public street shall be decorative. H. AWNINGS AND CANOPIES 1. When used, awnings and canopies shall be placed at the top of window or doorway openings. 2. No awning shall extend more than the width of the sidewalk or ten feet, whichever is less. 3. Awnings must be self-supporting from the wall. 4. No supports shall rest on or interfere with the use of pedestrian walkways or streets. 5. In no case shall any awning extend beyond the street curb or interfere with street trees or public utilities. I. ROOFS 1. Roof pitches less than 3:12 and flat roofs shall require a parapet wall on all sides visible from the street. Parapet walls shall fully screen all roof-top mechanical equipment from the street. 2. A pitched roof shall have eaves that extend a minimum of 12 inches from the building face. 3. Parapet walls shall have decorative cornices or caps. 4. Roof-mounted mechanical equipment shall be screened from view by a parapet wall matching the primary building materials. J. ALTERNATIVE COMPLIANCE Alternative compliance may be obtained provided the design satisfies the intent of this section. In such cases, the UDO Administrator shall have the authority to approve the following: 1. Materials of construction not listed, provided the materials used are implemented in a manner that enhances the surrounding area; 2. Increase the maximum size of a single retail structure as a distinct mass by up to 25 percent, provided the structure is designed in a manner that enhances the surrounding area; and 3. Reduced transparency requirements. 5-58

239 ARTICLE DEVELOPMENT STANDARDS Section Signage Subsection D. Prohibited Signs SIGNAGE A. PURPOSE AND INTENT The erection of signs is controlled and regulated in order to promote the health, safety, welfare, convenience, and enjoyment of travel on streets and sidewalks. The provisions of this section are more specifically intended to: 1. Promote traffic safety; 2. Ensure residents and visitors can locate desired goods, services, and destinations; 3. Reflect the aesthetics desired by residents; and 4. Provide only the minimum interference with individual property rights necessary to ensure public health, safety, and welfare. B. APPLICABILITY 1. Except for the sign types exempted from these standards identified in Section C, Exclusions, signs may only be erected, affixed, placed, painted, or otherwise established in the Town in accordance with the standards in this section. 2. All signs shall be constructed and designed, according to generally accepted engineering practices, to withstand wind pressures and load distribution as specified in the current building code. C. EXCLUSIONS The following shall not be subject to these standards, but may be subject to other standards in this Ordinance, including the requirement to obtain a building permit: 1. Fence-wrap signs affixed to fences surrounding a construction site in accordance with the North Carolina General Statutes; 2. Flags and insignia of any governmental agency; 3. Legal notices required by governmental bodies, public utilities, or civic associations; 4. Historical markers, memorial signs, plaques, or grave markers; 5. Integral decorative or architectural features of buildings, except moving parts or moving lights; 6. Signs that are not visible from off-site areas; 7. Handicapped parking signs; 8. Up to one incidental sign on a residential structure or a commercial establishment that does not exceed four square feet in area and configured so that the top of the sign is within five feet of the grade elevation; or 9. Up to two non-permanent, professionally manufactured sandwich board-style signs of up to six square feet in sign area per side for each business establishment in a nonresidential district. D. PROHIBITED SIGNS The following signs, sign construction, and displays are prohibited: 1. Any sign which the UDO Administrator determines obstructs the view of bicyclists, pedestrians, or motorists using any street, approach to any street intersection, or which interferes with the effectiveness of or obscures any traffic sign, device, or signal; 2. Illuminated, highly reflective signs or spot lights that the Police Department determines hampers the vision of motorists, pedestrians, or bicyclists; 3. Signs, lights, rotating disks, words, and other devices, which resemble traffic signals, traffic signs, or emergency vehicle lights; 4. Signs, other than government signs, which contain lights, rotating disks, words and other devices not erected by a public authority, which may be erroneously construed as government signs, or emergency warning signs; 5. Any sign which interferes with free passage from or obstructs any fire escape, downspout, door, stairway, ladder, or opening intended as a means of ingress or egress or providing light, drainage, or air; 6. Any sign placed on any curb, sidewalk, utility pole, street sign post, hydrant, bridge, tree, or 5-59

240 ARTICLE DEVELOPMENT STANDARDS Section Signage Subsection F. Signs Permitted without a Sign Permit public street paving; 7. Any sign located in such a way as to intentionally deny an adjoining landowner visual access to an existing sign; 8. Flashing, fluttering, swinging, rotating signs; 9. Signage in or affixed to a motor vehicle, boat, or trailer; 10. Roof signs or signs above the parapet of a building; 11. Electronic message boards in a residential district; 12. Any sign or flag the UDO Administrator deems to be significantly worn, torn, dilapidated, damaged, tattered, or otherwise in disrepair - such signs may be removed by the UDO Administrator 60 days after written notice to the owner; 13. Banners; 14. Windblown devices such as pennant, streamers, spinners, balloons, gas- or air-filled figures, and other similar devices; and 15. Off-premises signs, including billboards. Existing off-premises signs may remain in place until they are modified or damaged to a point that exceeds 50 percent of the sign's established value, and must then be removed. E. OBSOLETE OR ABANDONED SIGNS Nonconforming signs or signs serving a vacant building or site that has not been in use for 180 days or more shall be deemed to be an abandoned sign and shall be removed. The obsolete or abandoned sign may be removed by the UDO Administrator within 60 days of notice to the owner at the owner's expense. F. SIGNS PERMITTED WITHOUT A SIGN PERMIT The following signs may be installed without a sign permit, but are subject to the standards in this section and may be required to obtain building permit approval. 1. Governmental Signage Temporary or permanent signs erected and maintained by or required by the Town, Carteret County, the State of North Carolina, or the Federal government, including, but not limited to: a. Signs posted by or under the authority of Municipal, County, State, or Federal authorities for crime prevention, public safety, health, zoning, and identification; or b. Signs or flags erected by any government advertising Town-sponsored events, Townrelated information or used decoratively. 2. Safety Signage Safety signs shall be allowed, provided: a. The aggregate sign face area for all safety signage on a lot shall not exceed 32 square feet; b. No single safety sign shall exceed two square feet of sign face area; c. No lot shall include more than 16 individual safety signs (for the purposes of this section, a two-sided sign shall be counted as a single sign); d. The top of a safety sign shall be no more than five feet above the adjacent grade; and e. Safety signs shall not be illuminated. 3. Flags Flags shall be allowed provided: a. A maximum of two flags shall be allowed per business or residence; b. No individual flag shall exceed 60 square feet in area; c. Flags shall not unreasonably distract a driver of a motor vehicle by interfering with a sight line or sight distance triangle; and d. Flag poles shall not exceed 30 feet in height. 4. Temporary Signage Each lot shall be allowed up to one temporary sign per street frontage, subject to the following standards: 5-60

241 ARTICLE DEVELOPMENT STANDARDS Section Signage Subsection J. Sign Standards in Mixed Use Districts a. Temporary signage on residentially-zoned lots shall not exceed six square feet of sign area per sign; b. Temporary signage on lots zoned for mixed-use or business uses shall not exceed 32 square feet of sign area per sign; c. Temporary signs shall not be illuminated; and d. Temporary signs may remain in place for up to 30 days per lot. This 30-day period may be renewed by the UDO Administrator up to 12 times per lot per year. 5. Political Signs Political signs (campaign and election signs) are permitted without a permit, provided that: a. The party responsible for erecting the sign shall be held responsible for any violations; b. No political signs are allowed on Town-owned property (this does not apply to Town right-of-way); and c. Sign placement and duration shall be in accordance with Section of the North Carolina General Statutes. G. SIGN PERMIT REQUIRED Unless exempted by Section C, Exclusions, or Section F, Signs Permitted Without a Sign Permit, all signs shall require a sign permit in accordance with Section P, Sign Permit, prior to construction, installation, or display. Whether the sign is new, part of new construction, or an existing sign, the following information will be required as part of the permit application: 1. A detailed description of any new sign for which a permit is required, including, but not limited to: a detailed drawing of the sign showing size, height, and site location relative to property lines and street right-of-way. 2. Existing signs must meet these requirements if, for any reason, the sign is to be changed or altered. Normal copy changes and routine maintenance matters, without changes in construction, size, height, or lighting are exceptions to this requirement. 3. Prior to issuance of a sign permit, all fees in accordance with the associated fee schedule shall be paid. Some signs may require building and electrical permits as determined by the Building Inspector. 4. Upon notification of completion by the permit holder, the UDO Administrator shall inspect the sign to verify conformance with applicable codes and the issued permit. The Building Inspector shall inspect the signs where applicable for electrical and structural compliance. H. MEASUREMENT Sign face area and maximum height are determined in accordance with Section , Signage. I. SIGNS STANDARDS IN RESIDENTIAL DISTRICTS Lots in residential districts may incorporate the following forms of signage: 1. Up to one ground-mounted or monument sign per entrance may be utilized, provided it does not exceed 20 square feet in face area, and seven feet in height. 2. Uses in a residential district may install up to one wall sign with an area of no greater than four square feet on a residential principal structure. J. SIGN STANDARDS IN MIXED USE DISTRICTS Signs on lots in the MUN and MHI districts shall comply with the requirements in Table J, Sign Standards in Mixed-Use Districts. TABLE J: SIGN STANDARDS IN MIXED-USE DISTRICTS MAXIMUM NUMBER OF SIGNS PER LOT TYPE OF SIGN MAXIMUM FACE AREA [1] [2] MAXIMUM HEIGHT ADDITIONAL STANDARDS [3] 5-61

242 ARTICLE DEVELOPMENT STANDARDS Section Signage Subsection J. Sign Standards in Mixed Use Districts TABLE J: SIGN STANDARDS IN MIXED-USE DISTRICTS MAXIMUM TYPE OF SIGN MAXIMUM FACE AREA [1] [2] MAXIMUM HEIGHT NUMBER OF SIGNS PER ADDITIONAL STANDARDS [3] Wall Sign on Front Façade [4] 5% of wall area Below the roof, soffit, or parapet LOT None Wall signs shall not project more than 12 inches outwards from the wall Window Sign 10% of total window and glass door area Top of ground floor window or door None Window signs shall not be placed on faux windows or structural glass 5-62

243 ARTICLE DEVELOPMENT STANDARDS Section Signage Subsection J. Sign Standards in Mixed Use Districts TABLE J: SIGN STANDARDS IN MIXED-USE DISTRICTS MAXIMUM TYPE OF SIGN MAXIMUM FACE AREA [1] [2] MAXIMUM HEIGHT NUMBER OF SIGNS PER ADDITIONAL STANDARDS [3] LOT Projecting Sign 12 sf per side Below the roof, soffit, or parapet [5] 1 No portion of the sign may be located within three feet of the street paving Awning Sign Sign copy area limited to the drip flap Awnings on ground floor only 1 N/A Monument Sign 12 sf per side 3½ feet above grade 1 Signs shall be located at least five feet from a lot line and at least ten feet from the street right-of-way 5-63

244 ARTICLE DEVELOPMENT STANDARDS Section Signage Subsection K. Sign Standards in Commercial Districts TABLE J: SIGN STANDARDS IN MIXED-USE DISTRICTS MAXIMUM TYPE OF SIGN MAXIMUM FACE AREA [1] [2] MAXIMUM HEIGHT NUMBER OF SIGNS PER ADDITIONAL STANDARDS [3] LOT NOTES: [1] Regardless of the composition of signage, the maximum available sign area per development shall be 40 square feet (not counting signage excluded from these standards). [2] sf = square feet [3] Signs shall also be subject to the standards in Section L, Additional Sign Specifications. [4] Wall signs are not permitted on side or rear building facades. [5] Projecting signs shall maintain a minimum of eight feet of clearance above the grade or a walkway. K. SIGN STANDARDS IN COMMERCIAL DISTRICTS Signs on lots in the CIR, CPY, and COR districts shall comply with the requirements in Table K, Sign Standards in Commercial Districts. 5-64

245 ARTICLE DEVELOPMENT STANDARDS Section Signage Subsection K. Sign Standards in Commercial Districts TABLE K: SIGN STANDARDS IN COMMERCIAL DISTRICTS MAXIMUM TYPE OF SIGN MAXIMUM FACE AREA [1] [2] MAXIMUM HEIGHT NUMBER OF SIGNS PER ADDITIONAL STANDARDS [3] Wall Sign on Front Façade Wall Sign on Side or Rear Façade fronting a street Greater of: 1 sf per linear foot of wall frontage, or 5% of wall area ½ sf per liner foot of wall frontage Below the roof, soffit, or parapet LOT No Limit Wall signs shall not project more than 12 inches outwards from the wall Window Sign 25% of total window and glass door area Top of ground floor window or door No Limit Window signs shall not be placed on opaque doors, faux windows, or structural glass 5-65

246 ARTICLE DEVELOPMENT STANDARDS Section Signage Subsection K. Sign Standards in Commercial Districts TABLE K: SIGN STANDARDS IN COMMERCIAL DISTRICTS MAXIMUM TYPE OF SIGN MAXIMUM FACE AREA [1] [2] MAXIMUM HEIGHT NUMBER OF SIGNS PER ADDITIONAL STANDARDS [3] LOT Projecting Sign 12 sf per side Below the roof, soffit, or parapet [4] 1 No portion of the sign may be located within three feet of the street paving Awning Sign Sign copy area limited to the awning s drip flap Awnings on ground floor only 1 None 5-66

247 ARTICLE DEVELOPMENT STANDARDS Section Signage Subsection K. Sign Standards in Commercial Districts TABLE K: SIGN STANDARDS IN COMMERCIAL DISTRICTS MAXIMUM TYPE OF SIGN MAXIMUM FACE AREA [1] [2] MAXIMUM HEIGHT NUMBER OF SIGNS PER ADDITIONAL STANDARDS [3] Freestanding Sign Freestanding Sign serving a multibuilding use 50 sf total Up to 6 tenants: 100 sf; 7-14 tenants: 125 sf; 15+ tenants: 150 sf 15 feet above grade 20 feet above grade LOT 1 1 per street frontage Signs shall be located at least five feet from a lot line and at least ten feet from the street right-of-way Portable Sign 24 inches by 36 inches 4 feet above grade 2 Signs shall be located at least five feet from a lot line and at least ten feet from the street right-of-way 5-67

248 ARTICLE DEVELOPMENT STANDARDS Section Signage Subsection L. Additional Sign Specifications TABLE K: SIGN STANDARDS IN COMMERCIAL DISTRICTS MAXIMUM TYPE OF SIGN MAXIMUM FACE AREA [1] [2] MAXIMUM HEIGHT NUMBER OF SIGNS PER ADDITIONAL STANDARDS [3] Monument Sign serving an outparcel 50 sf total 4 feet above grade LOT 1 per outparcel Signs shall be at least ten feet from the street right-of-way NOTES: [1] Regardless of the composition of signage, the maximum available sign area per development shall be 200 square feet (not counting signage excluded from these standards). [2] sf = square feet [3] Signs shall also be subject to the standards in Section L, Additional Sign Specifications. [4] Projecting signs shall maintain a minimum of eight feet of clearance above the grade or a walkway L. ADDITIONAL SIGN SPECIFICATIONS 1. Wall Signs a. No wall sign or its supporting structure shall cover any window or part of a window, nor shall it extend on the roofline, parapet, or mansard roof. b. Canopy and awning signs may be substituted for part or all of the allowable wall signage per premises. c. Signs may be painted or printed onto a canopy or awning. d. In no instance shall a canopy or awning sign extend into a street right-of-way. e. No wall sign shall be attached to any cupola, tower, or other architectural feature that is above the roofline. 2. Freestanding and Monument Signs Any freestanding or monument sign greater than three and one-half feet in height as measured from the grade of the road upon which it fronts shall be located outside the required sight distance triangle. 3. Projecting Signs a. A projecting sign shall not project more than four feet from a building wall. b. A projecting sign shall not extend vertically above the roofline or parapet of a building. c. Projecting signs may be substituted for wall signs in a shopping center, provided: 5-68

249 ARTICLE DEVELOPMENT STANDARDS Section Signage Subsection N. Inspections and Investigations 4. Electric Signs i. A projecting sign shall not project into any required setback or yard. ii. There shall be more than one projecting sign per business entrance. a. No electric sign shall be so located with relation to pedestrian traffic as to permit it to be easily reached by any person. b. The bottom of such sign shall be located a minimum of ten feet above the grade if the sign is within 15 feet of the edge of the street right-of-way. c. All illuminated signs shall be installed in accordance with the applicable provisions of the North Carolina State Electrical Code. M. SIGN ILLUMINATION Unless otherwise indicated in this Ordinance, all signs may be illuminated, in accordance with the following: 1. General Standards a. All illuminated signs shall have their lighting directed in such a manner as to illuminate only the face of the sign and does not shine directly into or cause glare onto a public right-of-way or residential uses. b. All electric signs shall be in accordance with Article 9, Part III, Outdoor Lighting, the Building and National Electric Code, and shall obtain all required building permits. c. All wiring to freestanding or monument signs or to lighting equipment erected after the effective date of this section must be underground. 2. Signs near Residential Uses No sign serving or within 150 feet of a residential use shall be illuminated between the hours of midnight and 6:00 a.m., unless there is no spillover of lighting or glare to the residential area beyond the boundaries of the lot where the lighting is located. 3. Flashing or Intermittent Lights No sign shall contain or be illuminated by flashing or intermittent light or lights of changing degrees of intensity. N. INSPECTIONS AND INVESTIGATIONS 1. Removal of Illegal Signs in Right-of-Way and Public Properties The UDO Administrator may remove and destroy or otherwise dispose of any sign placed on public property or within any public right-of-way. This shall only apply to signs in violation of this Ordinance. Penalties may be levied for each such sign as prescribed Article 18-9: Enforcement. 2. Citations a. If, through inspection, it is determined that a person has failed to comply with the provisions of these regulations, the UDO Administrator shall issue a warning citation to the violator. b. Violations shall be corrected within two weeks of the issuance of a citation. c. If the violation is not corrected within the specified time period, the violator shall be subject to the provisions of Article 18-9: Enforcement. 5-69

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251 ARTICLE ENVIRONMENT Stormwater 6-1 A. Development Subject to State Stormwater Requirements 6-1 B. All other Development Shoreline Stabilization 6-2 A. Purpose and Intent 6-2 B. Applicability 6-2 C. Standards 6-2 D. Timing Flood Damage Prevention 6-2 A. Structure of these Regulations 6-2 B. General Provisions 6-2 C. Administration 6-4 D. Provisions for Flood Hazard Reduction 6-10

252 ARTICLE ENVIRONMENT STORMWATER A. DEVELOPMENT SUBJECT TO STATE STORMWATER REQUIREMENTS 1. Development activities including one or more acres of land disturbance requiring an erosion and sediment control plan or CAMA Major Permit shall be governed by the NC State Stormwater Regulations and shall obtain a State stormwater permit. 2. Projects that secure a State stormwater permit shall be exempt from all Town of Atlantic Beach stormwater regulations including on-site stormwater requirements and the impervious surface coverage limits in Article 18-3: Districts. B. ALL OTHER DEVELOPMENT Development not requiring an erosion and sediment control plan or a CAMA Major Permit shall comply with the following stormwater standards: 1. Stormwater Management Plan Required a. A stormwater management plan shall be required prior to the issuance of any permits for new construction or renovation/expansion projects where the value of improvements exceeds 50 percent of a structure's value, as listed by the Carteret County Tax Office. b. The stormwater management system and plan shall be designed in accordance with the NC Department of Environmental Quality s Stormwater Best Management Practice Manual, and shall be designed to retain the first two inches of stormwater runoff generated by a given rain event on-site. 2. Inspection Required Installation of the designed system shall be inspected and approved by the designing engineer or other professional engineer licensed to practice in the State of North Carolina prior to issuance of a certificate of occupancy. 3. Additions and Expansions Additions or expansions of impervious surface coverage on a lot subject to an approved stormwater management plan may be permitted subject to the following requirements: a. Under 100 Square Feet The addition of new impervious surfaces of up to 100 square feet is permissible without additional stormwater controls, provided the total amount of impervious surface on the lot remains below the maximum impervious surface coverage allowed by the zoning district where located. b. Over 100 Square Feet The addition of new impervious surfaces over 100 square feet is permissible, subject to the following: i. The total amount of impervious surface coverage on the lot remains below the maximum impervious surface coverage allowed by the zoning district where located; and ii. An approved Best Management Practice (BMP) device capable of efficiently controlling the runoff from the newly added impervious surface coverage is installed on the lot. a). When the project adding impervious surfaces exceeds $30, in value, the BMP shall be approved by a North Carolina professional engineer prior to issuance of a certificate of occupancy. b). When the project adding impervious surfaces is less than $30, in value, the BMP may be approved by the UDO Administrator prior to issuance of a certificate of occupancy. 6-1

253 SHORELINE STABILIZATION A. PURPOSE AND INTENT The purpose of these standards is to maintain and protect existing shoreline areas from accelerated erosion. More specifically, these standards are intended to: 1. Maintain the location of existing shorelines, to the maximum extent practicable; 2. Prevent sedimentation of Town waters and waterways; and 3. Limit the further loss of soil and sand from upland areas. B. APPLICABILITY 1. The standards in this section shall apply to development on lots abutting canals or waterways within the Town s planning jurisdiction that are or could be subject to significant erosion, as determined by the Building Inspector or UDO Administrator. 2. For the purposes of these standards, significant erosion means erosion resulting in the loss of six or more inches of shoreline per year. C. STANDARDS 1. No building permit shall be issued for development upon any land subject to these standards until the landowner has taken the necessary steps to stabilize the land and prevent further significant erosion. Stabilization of the shoreline may be accomplished by the installation of any of the following: a. Bulkheads; b. Sloping rip-rap; c. Gabions; d. Vegetation; or e. Other strategy as approved by the UDO Administrator or Building Inspector. 2. All shoreline stabilization activities shall comply with the Coastal Area Management Act and applicable regulations. D. TIMING Upon receipt of notification of significant erosion by the Town, a landowner shall stabilize the shoreline in accordance with the standards in Section C, Standards, within 90 days. Failure to stabilize the shoreline or appeal the Town s finding of significant erosion within 90 days shall be a violation of this Ordinance in accordance with Article 18-9: Enforcement FLOOD DAMAGE PREVENTION A. STRUCTURE OF THESE REGULATIONS These flood damage prevention standards are organized into three main sections: 1. A set of general provisions which establish the standards and clarify their applicability; 2. A set of administrative or procedural provisions that explain how the standards are applied by the Town; and 3. The set of standards applied to particular types of development, organized into general and specific standards (based on location or type of building). B. GENERAL PROVISIONS 1. Applicability The standards in this section shall apply to all lands located within the special flood hazard areas in the Town s planning jurisdiction. 2. Basis for Establishing the Special Flood Hazard Areas a. Lands Identified by FEMA The special flood hazard areas are those identified by the Federal Emergency Management Agency (FEMA) or produced under the cooperating technical state (CTS) agreement between the State of North Carolina and FEMA in its Flood Hazard Boundary Map (FHBM) or Flood Insurance Study (FIS) and its accompanying flood maps such as 6-2

254 the Flood Insurance Rate Map(s) (FIRM) and/or the Flood Boundary Floodway Map(s) (FBFM), for the Town of Atlantic Beach dated July 16, 2003, which with accompanying supporting data, and any revision thereto, including letters of map amendment or revision, are adopted by reference and declared to be a part of this Ordinance. b. Lands Identified Engineering Analysis The special flood hazard areas also include lands defined through standard engineering analysis for private developments or by governmental agencies, but which have not yet been incorporated in the FIRM. This includes, but is not limited to, detailed flood data that results from: i. Data generated by the Floodplain Administrator through their regular course of duties identified in Section C.3, Duties and Responsibilities of the Floodplain Administrator; ii. Preliminary FIRMs that are more stringent than the effective FIRM; or iii. Post-disaster flood recovery maps. c. Lands Subject to Annexation The special flood hazard areas identified by FEMA and/or produced under the CTS between the State of North Carolina and FEMA for unincorporated areas of Carteret County, with accompanying maps and other supporting data and any revision thereto, upon annexation by the Town or inclusuon in the Town s ETJ. 3. Establishment of Floodplain Development Permit A floodplain development permit shall be required in conformance with the provisions of these standards prior to the commencement of any development activities within special flood hazard areas as determined in Section B.2, Basis for Establishing the Special Flood Hazard Areas. 4. Compliance Required No structure or land within the special flood hazard area 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. 5. Abrogation and Greater Restrictions These standards are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where these standards conflict or overlap with other standards, the provisions that impose the more stringent restrictions shall control. 6. Interpretation In the interpretation and application of these standards, all provisions shall be: a. Considered as minimum requirements; b. Liberally construed in favor of the applicant; and c. Deemed neither to limit nor repeal any other powers granted under state statutes. 7. Warning and Disclaimer of Liability a. The degree of flood protection required by these standards is considered reasonable for regulatory purposes and is based on scientific and engineering consideration; larger floods can and will occur on rare occasions and actual flood heights may be increased by man-made or natural causes. b. These standards do not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. c. These standards 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 these standards or any administrative decision lawfully made in accordance with these standards. 8. Effective Date The standards became effective on August 28, Effect on Rights and Liabilities under the Prior Flood Damage Prevention Ordinance a. These standards come forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted July 16, 2003, as amended, and it is not the 6-3

255 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. b. The enactment of these standards shall not affect any action, suit, or proceeding instituted or pending. c. All provisions of the flood damage prevention ordinance of the Town of Atlantic Beach enacted on July 16, 2003 as amended, which are not reenacted herein are repealed. 10. Effect upon Outstanding Building 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 before the effective date of these standards; provided, however, that when construction is not begun within a period of six months subsequent to passage of these standards or any revision thereto, construction or use shall be in conformity with the provisions of these standards. C. ADMINISTRATION 1. Designation of Floodplain Administrator The Building Inspector is designated as the "Floodplain Administrator" and shall administer these provisions. 2. Floodplain Development Permit and Certification Requirements a. Plans and Application Requirements Application for a floodplain development permit shall be made to the Floodplain Administrator prior to any development activities proposed to be located within floodprone areas. The following information shall be included with the application: i. A plot plan, drawn to scale, which shall include, but shall not be limited to, the following specific details of the proposed development: a). The nature, location, dimensions, and elevations of the area of development or disturbance; b). Existing and proposed structures; c). The location of utility systems; d). Proposed grading or pavement areas; e). Fill materials; f). Storage areas; g). Drainage facilities; h). Other proposed development; i). The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in Section B.2, Basis for Establishing the Special Flood Hazard Areas, or a statement that the entire lot is within the special flood hazard area; j). Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in Section B.2, Basis for Establishing the Special Flood Hazard Areas; k). The boundary of the floodway(s) or non-encroachment area(s) as determined in Section B.2, Basis for Establishing the Special Flood Hazard Areas; l). The base flood elevation (BFE) where provided as set forth in Section B.2, Basis for Establishing the Special Flood Hazard Areas; Section C.3, Duties and Responsibilities of the Floodplain Administrator, subsections (j) and (k); Section D.2.f, Additions and Improvements to Pre-FIRM Structures; Section D.3, Subdivisions, Manufactured Home Parks and Major Developments; and Section D.4, Standards for Floodplains Without Established Base Flood Elevations; and m). The old and new location of any watercourse that will be altered or 6-4

256 ii. relocated as a result of proposed development. Proposed elevation, and method thereof, of all development within a special flood hazard area including, but not limited to: a). Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures; b). Elevation in relation to mean sea level to which any nonresidential structure will be flood-proofed; c). Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed; iii. If floodproofing is proposed, a floodproofing certificate and back-up plans from a registered professional engineer or architect certifying that the nonresidential flood-proofed development will meet the flood-proofing criteria in Section D.2.b, Nonresidential Construction, and Section D.3, Subdivisions, Manufactured Home Parks and Major Developments, subsection (b). iv. A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of these standards are met. Details shall include, but not be limited to: a). Proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, or open foundation on columns/piers); b). Details of sufficient openings to facilitate the unimpeded movements of floodwaters in accordance with tion D.2.d, Enclosures Beneath Elevated Buildings, if solid foundation perimeter walls are proposed in floodplains other than coastal high hazard areas; c). In coastal high hazard areas, the following items shall also be submitted, prior to floodplain development permit issuance; i). A V-zone certification form with accompanying plans and specifications verifying the engineered structure and breakaway wall designs as set forth in tion D.2.d, Enclosures Beneath Elevated Buildings; ii). Plans for lattice work or decorative screening, if proposed; and iii). Plans for non-structural fill, if proposed; v. Usage details of any enclosed space below the regulatory flood protection elevation; vi. 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; vii. Copies of all other local, State, and federal permits required prior to floodplain development permit issuance (e.g., wetlands, erosion and sedimentation control, CAMA, riparian buffers, mining, etc.); viii. If a floodplain development permit is issued for placement of recreational vehicles and/or temporary structures, documentation to ensure compliance with the standards in Section D.2.h, Recreational Vehicles, and Section D.2.i, Temporary Structures, shall be provided; and ix. If a watercourse is proposed to be altered and/or relocated the following shall be required: a). A description of the extent of watercourse alteration or relocation; b). An engineering 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 c). A map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation. b. Floodplain Development Permit Data Requirements 6-5

257 The following information, at a minimum, shall be provided on the floodplain development permit, to ensure compliance with these standards: i. A description of the development to be permitted; ii. The special flood hazard area determination for the proposed development per available data specified in Section B.2, Basis for Establishing the Special Flood Hazard Areas; iii. The regulatory flood protection elevation required for the reference level and all attendant utilities; iv. The regulatory flood protection elevation required for the protection of all public utilities; v. All certification submittal requirements, with timelines; and vi. A statement clarifying that no fill material shall encroach into the floodway or non-encroachment area of any watercourse, if applicable. c. Certification Requirements i. Initial Certificate An elevation certificate (FEMA Form ) or floodproofing certificate (FEMA Form ), as appropriate, is required in accordance with the following standards, before construction commences. a). The permit holder shall submit a certification of the elevation of the reference level, or floodproofed elevation (as applicable) in relation to mean sea level to the Floodplain Administrator prior to the initiation of construction. b). The certification shall be prepared and certified by a registered land surveyor or professional engineer. When floodproofing is utilized, the certification shall be prepared and certified by a professional engineer or architect. c). The Floodplain Administrator shall review the certificate data and any deficiencies shall be corrected by the permit holder prior to the commencement of any work. ii. Final Certificate A final as-built elevation certificate (FEMA Form ) or floodproofing certificate (FEMA Form ) is required after construction is completed and prior to issuance certificate of occupancy. a). The permit holder shall submit a certification of final as-built construction elevation, or floodproofed elevation of the reference level and all attendant utilities (as applicable). b). The certification shall be prepared and certified by a registered land surveyor or professional engineer. When floodproofing is utilized, the certification shall be prepared and certified by a professional engineer or architect. c). The Floodplain Administrator shall review the certificate data and any deficiencies shall be corrected by the permit holder prior to the issuance of a certificate of occupancy. d). In some instances, another certification may be required to certify corrected as-built construction. e). Failure to submit the certification or failure to make required corrections shall be cause for the Zoning Administrator to withhold a certificate of occupancy. iii. V-Zone/Breakaway Wall Certificate a). A V-Zone/breakaway wall certification is required prior to issuance of a floodplain development permit within coastal high hazard areas. i). The permit holder shall submit a certificate showing compliance with the design standards of these provisions. 6-6

258 ii). 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 and meet these requirements. iii). This certification is not a substitute for an elevation certificate. b). Certification from a professional engineer or architect that the finished construction of development in a V-Zone complies with the standards in this section shall be required prior to issuance of a certificate of occupancy. iv. Foundation Certificate If a manufactured home is placed within an A, AO, AE, or A1-30 zone and the elevation of the chassis is more than 36 inches in height, an engineered foundation certification is required in accordance with Section D.2.c, Manufactured Homes. v. Watercourse Alteration Report If a watercourse is to be altered or relocated, the following information shall be submitted by the applicant prior to issuance of a floodplain development permit: a). b). c). A description of the extent of watercourse alteration or relocation; An engineering 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. vi. Certification Exemptions The following structures, if located within an A, AO, AE or A1-30 zone, are exempt from the elevation/floodproofing certification requirements specified above: a). Recreational vehicles meeting requirements of Section D.2.h, Recreational Vehicles; b). Temporary structures meeting requirements of Section D.2.i, Temporary Structures; and c). Accessory structures of less than 150 square feet in area or less than $3,000 in value that meet requirements of Section D.2.j, Accessory Structures. 3. Duties and Responsibilities of the Floodplain Administrator The duties and responsibilities of the Floodplain Administrator under these standards shall include, but not be limited to: a. Review all floodplain development applications and issue permits for all proposed development with in floodprone areas to assure that the requirements of these standards have been satisfied. b. Advise applicants that additional federal or state permits (e.g., wetlands, erosion and sedimentation control, CAMA, riparian buffers, mining, etc.) may be required, and if required, ensure that copies of the permits are provided and maintained on file with the floodplain development permit. c. 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. d. Assure that maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished. e. Prevent encroachments within floodways and non-encroachment areas unless the 6-7

259 certification and flood hazard reduction provisions of Section D.4, Standards for Floodplains with BFE but Without Established Floodways or Nonencroachment Areas, are met. f. Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) of all utilities associated with all new or substantially improved structures, in accordance with Section C.2.c, Certification Requirements. g. Obtain the actual elevation (in relation to mean sea level) to which the new or substantially improved structures and all utilities have been floodproofed, in accordance with Section C.2.c, Certification Requirements. h. Obtain actual elevation (in relation to mean sea level) of all public utilities, in accordance with Section Section C.2.c, Certification Requirements. i. When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with Section C.2.c, Certification Requirements, and Section D.2.b, Nonresidential Construction. j. Make interpretations as to the exact location of the special flood hazard area boundary (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall have a reasonable opportunity to appeal the interpretation in accordance with Section C.4.d, Appeal. k. When base flood elevation (BFE) data has not been provided in accordance with Section B.2, Basis for Establishing the Special Flood Hazard Areas, obtain, review, and reasonably utilize any base flood elevation (BFE) data, along with floodway data and/or non-encroachment area data available from a federal, state, or other source, in order to administer these provisions. l. When base flood elevation (BFE) data is provided but no floodway nor nonencroachment area data has been provided in accordance with Section B.2, Basis for Establishing the Special Flood Hazard Areas, obtain, review, and reasonably utilize any floodway data, and/or non-encroachment area data available from a federal, State, or other source. m. Maintain copies of letters of map amendment (LOMA) issued by FEMA to an applicant when the exact location of boundaries of the special flood hazard areas conflict with the current, natural topography information at the site. n. Permanently maintain all records that pertain to the administration of these standards and make these records available for public inspection. o. Make on-site inspections of work in progress as necessary to ensure that the work is being done according to the provisions of these standards and the terms of the floodplain development permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter any premises within the Town s planning jurisdiction at a 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 these standards. The stop-work order shall be in writing, directed to the person doing the work, 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 stop-work order constitutes a misdemeanor. q. Revoke floodplain development permits, as required for any substantial departure from the approved application, plans, or 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. Notices of permit revocation shall be provided to the permit holder in writing. 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 Town. 4. Corrective Procedures a. Violations to be Corrected 6-8

260 When the Floodplain Administrator finds violations of applicable state and local laws, they shall notify the owner or occupant of the violation. The owner or occupant shall immediately remedy each of the violations of law pertaining to the land or development in question. b. Notification in Event of Failure to Take Corrective Action If the owner of land or development fails 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 the following: i. That the land or development is in violation of the flood damage prevention provisions of this section; ii. 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 iii. That following the hearing, the Floodplain Administrator may issue an order to alter, vacate, demolish the building; or remove fill, as appropriate. c. Order to Take Corrective Action If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator finds that the land or development is in violation of these standards, they shall furnish an order, in writing, to the owner, requiring the owner to remedy the violation within a specified time period of not less than 60 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 a shorter time period. d. Appeal Any owner who has received an order to take corrective action may appeal the order to the Town Council by giving notice of appeal, in writing, to the Floodplain Administrator and the Town Clerk within ten days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The Town Council shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order. e. Failure to Comply with Order If the owner of a building or land fails to comply with an order to take corrective action from which no appeal has been taken, or fails to comply with an order of the Town Council following an appeal, the owner shall be guilty of a misdemeanor and shall be punished in the discretion of the court. 5. Variance Procedures The Board of Adjustment (BOA) shall hear and decide requests for variances from the requirements of these standards in accordance with the following: a. Standing to Appeal Any person aggrieved by the decision of the BOA may appeal such decision to the court, as provided in Chapter 7A of the North Carolina General Statutes. b. Variance Review Criteria In passing upon variances, the BOAshall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Ordinance; and the following: i. The danger that materials may be swept onto other lands to the injury of others; ii. The danger to life and property due to flooding or erosion damage; iii. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; iv. The importance of the services provided by the proposed facility to the community; v. The necessity to the facility of a waterfront location, where applicable; vi. The availability of alternative locations, not subject to flooding or erosion 6-9

261 damage, for the proposed use; vii. The compatibility of the proposed use with existing and anticipated development; viii. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; ix. The safety of access to the property in times of flood for ordinary and emergency vehicles; x. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and xi. 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. c. Procedure for Review i. Applications for a variance to these flood damage prevention standards shall be processed and reviewed in accordance with the standards and requirements in Section C.5, Variance Procedures, as well as the following: ii. A written report addressing each of the above factors shall be submitted by the applicant with the application for a variance. iii. Upon consideration of the factors listed above and the purposes of these standards, the BOA may attach such conditions to the granting of variances as it deems necessary to further the purposes of these standards. iv. Variances shall not be issued within any designated floodway or nonencroachment area if any increase in flood levels during the base flood discharge would result. d. Conditions for Variances i. Variances may not be issued when the variance will make the structure in violation of other federal, State, or local laws, regulations, or ordinances. ii. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. iii. Variances shall only be issued upon: a). A showing of good and sufficient cause; b). A determination that failure to grant the variance would result in exceptional hardship; and c). A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. iv. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Base Flood Elevation (BFE) and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced reference level elevation. Such notification shall be maintained with a record of all variance actions. e. Records to be Maintained The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of North Carolina upon request. D. PROVISIONS FOR FLOOD HAZARD REDUCTION 1. General Standards Applicable to All Areas and Developments In all special flood hazard areas, the following provisions are required: a. All new construction and substantial improvements shall be anchored to prevent 6-10

262 flotation, collapse, or lateral movement of the structure. b. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. c. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages. d. 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. These include but are not limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric meter panels/boxes, utility/cable boxes, appliances (i.e., washers, dryers, refrigerator, etc.), hot water heaters, electric outlets/switches. e. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. f. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. g. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. h. Any alteration, repair, reconstruction, or improvements to a structure which is in compliance with the provisions of these standards, shall meet the requirements of "new construction" as contained in these standards. i. Non-conforming structures or other development shall not be enlarged, replaced, or rebuilt unless such enlargement or reconstruction is accomplished in conformance with the provisions of these standards. Provided, however, nothing in these standards shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of these standards and located totally or partially within the floodway, non-encroachment area, or stream setback, provided that the bulk of the building or structure below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback is not increased and provided that such repair, reconstruction, or replacement meets all of the other requirements of these standards. j. New solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in special flood hazard areas. 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 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 according to Section C.2.c, Certification Requirements, of these standards. 2. Specific Standards for Use Types In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in Section Section B.2, Basis for Establishing the Special Flood Hazard Areas, where an interpretation of the flood hazard boundaries is required, or when no BFE data is provided, the following provisions are required: a. Residential Construction New construction or substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation. b. Nonresidential Construction i. New construction or substantial improvement of any commercial, industrial, or other nonresidential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation. ii. Structures located in A, AO, 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 below the required flood protection elevation are watertight 6-11

263 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 in accordance with Section C.2.c, Certification Requirements. c. Additional Standards for Manufactured Homes i. New or replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation. ii. Manufactured homes shall include a certified engineered foundation or shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement in accordance with the State of North Carolina Regulations for Manufactured/Mobile Homes, 1995 Edition, and any revision thereto adopted by the Commissioner of Insurance pursuant to Section of the North Carolina General Statutes. a). When the elevation requirements are met by an elevation of the chassis 36 inches or less above the grade at the site, the chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength. b). When the elevation of the chassis is above 36 inches in height, an engineering certification is required. iii. All foundation enclosures or skirting shall be in accordance with Section D.2.d, Enclosures Beneath Elevated Buildings. iv. An evacuation plan must be developed for evacuation of all residents of all new, substantially improved, or substantially damaged manufactured home parks or subdivisions located within floodprone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local emergency management coordinator. d. Enclosures Beneath Elevated Buildings Fully enclosed areas below the regulatory flood protection elevation associated with new construction or a substantial improvement to an existing building shall: i. Not be designed to be used for human habitation; ii. Be designed to be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises; iii. Be served by accessways sized to be the minimum necessary (to allow for parking of vehicles via garage door, or limited storage of maintenance equipment used in connection with the premises via standard exterior door, or entry to the living area via stairway or elevator); iv. Not be partitioned or finished into separate rooms, except as needed for storage purposes; v. Be constructed entirely of flood resistant materials below the regulatory flood protection level; vi. Automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters when proposed in A, AO, AE, and A1-30 zones. To meet this requirement, the foundation must either be certified by a professional engineer or architect, or meet the following minimum design criteria: a). Provide a minimum of two openings on different sides of each enclosed area subject to flooding; b). The total net area of all openings must be at least one square inch for each square foot of each enclosed area subject to flooding; c). If a building has more than one enclosed area, each area must have openings on exterior walls to allow floodwater to directly enter; d). The bottom of all required openings shall be no higher than one foot 6-12

264 above the adjacent grade; and e). Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions. f). Vinyl or sheet metal skirting is not considered an enclosure for regulatory and flood insurance rating purposes. Therefore such skirting does not require hydrostatic openings as outlined above. g). Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires hydrostatic openings as outlined above to comply with these standards. vii. In coastal high hazard areas (VE and V1-30 zones), breakaway walls, lattice work, or decorative screening shall be allowed below the regulatory flood protection elevation, provided: a). These features are not part of the structural support of the building; b). These features are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used; c). The features are comprised of open wood lattice, mesh insect screening, or breakaway walls that meet the following specifications: i). Design safe loading resistance of each breakaway wall shall be not less than ten nor more than 20 pounds per square foot; or ii). If more than 20 pounds per square foot, a registered professional engineer or architect shall certify that the design wall collapse would result 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. Nonstructural Fill Minor grading and the placement of minor quantities of nonstructural fill may be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios, and walkways, provided: i. The fill material is similar and consistent with the natural soils in the area; ii. The placement of site-compatible, non-structural fill under or around an elevated building is limited to two feet; iii. Fill greater than two feet in thickness shall include an analysis prepared by a qualified registered design professional demonstrating no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent elevated buildings and structures; iv. Nonstructural fill with finished slopes that are steeper than five horizontal units to one vertical unit shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent elevated buildings and structures. f. Additions and Improvements to Pre-FIRM Structures i. Substantial Improvement Determination Additions or improvements to pre-firm structures, in combination with any interior modifications to the existing structure, shall be considered as either a 6-13

265 ii. substantial improvement or shall not be considered a substantial improvement in accordance with the definitions in Section , Definitions. Additions or Improvements Not Constituting a Substantial Improvement a). Additions or improvements to a pre-firm structure that are not considered a substantial improvement shall: i). ii). iii). Be designed to minimize the potential for flood damage; Be configured so that only the addition or improvement meet the standards for new construction (not the existing structure); and Be no more nonconforming than the original structure. b). Where a fire wall or independent perimeter load-bearing wall is provided between an addition and the existing building, the addition shall be considered a separate building and only the addition must comply with the standards for new construction. iii. Additions or Improvements Constituting a Substantial Improvement Additions or improvements to a pre-firm structure that are considered a substantial improvement shall be configured so that both the addition or the improvement and the existing structure comply with the standards for new construction. g. Additions and Improvements to Post-FIRM Structures Additions to post-firm structures with no modifications to the existing structure shall require only the addition to comply with the standards for new construction. h. Recreational Vehicles Recreation vehicles placed on sites within a special flood hazard area shall either: i. 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 ii. Meet all the requirements for new construction, including anchoring and elevation requirements of Section C.2, Floodplain Development and Certification Requirements, Section D.1, General Standards Applicable to All Areas and Developments, and Section D.2.c, Additional Standards for Manufactured Homes. i. Temporary Structures Prior to the issuance of a floodplain development permit for a temporary structure, the applicant shall submit a plan for removal of the temporary structure in the event of a hurricane or flash flood warning notification. The plan shall include at least the following information: i. A specified time period for which the temporary use will be permitted; ii. The name, address, and phone number of the individual responsible for the removal of the temporary structure; iii. The timeframe prior to the event at which a structure will be removed (e.g., a minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification); iv. A copy of the contract or other suitable instrument with a trucking company to insure the availability of removal equipment when needed; and v. Designation, accompanied by documentation, of a location outside the special flood hazard area to which the temporary structure will be moved. j. Accessory Structures When accessory structures (e.g., sheds, detached garages, etc.) are to be placed within a special flood hazard area, the following criteria shall be met: i. Accessory structures shall be designed to have low flood damage potential; 6-14

266 ii. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; iii. Accessory structures shall be firmly anchored in accordance with Section D.1, General Standards Applicable to All Areas and Developments; iv. All service facilities such as electrical and heating equipment shall be installed in accordance with Section D.1, General Standards Applicable to All Areas and Developments; v. Openings to relieve hydrostatic pressure during a flood shall be provided below regulatory flood protection elevation in conformance with Section D.2.d, Enclosures Beneath Elevated Buildings; and vi. An accessory structure with a footprint less than 150 square feet does not require an elevation or floodproofing certificate, but elevation or floodproofing certifications are required for all other accessory structures in accordance with Section C.2.c, Certification Requirements. 3. Subdivisions, Manufactured Home Parks and Major Developments All subdivision, manufactured home park, and major development proposals located within special flood hazard areas shall: a. Be consistent with the need to minimize flood damage; b. Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; c. Have adequate drainage provided to reduce exposure to flood hazards; and d. Have base flood elevation (BFE) data provided if development is greater than the lesser of five acres or 50 lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference per Section B.2, Basis for Establishing the Special Flood Hazard Areas, to be utilized in implementing this Code. 4. Standards for Floodplains Without Established Base Flood Elevations Within the special flood hazard areas established in Section B.2, Basis for Establishing the Special Flood Hazard Areas, where no base flood elevation (BFE) data has been provided, the following provisions shall apply: a. No encroachments, including fill, new construction, substantial improvements, or new development shall be permitted within a distance of 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. b. If development is configured in accordance with the neeed to minimize flood damage and 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 these standards and shall be elevated or floodproofed in accordance with elevations established by the Floodplain Administrator in accordance with Section C.3, Duties and Responsibilities of the Floodplain Administrator. When base flood elevation (BFE) data is not available from a federal, state, or other source, the reference level, including basement, shall be elevated at least two feet above the highest adjacent grade. 5. Coastal High Hazard Areas (VE and V1-30 Zones) Coastal high hazard areas are special flood hazard areas designated as Zones VE or V1-30. These areas have special flood hazards associated with high velocity waters from surges and, therefore, all new construction, substantial improvements and all other development shall comply with these requirements standards in addition to meeting all other provisions of these standards. a. General Standards i. All development in a coastal high hazard area shall: a). Be located landward of the reach of mean high tide; 6-15

267 b). Be located landward of the first line of stable natural vegetation; and c). Comply with all applicable CAMA setback requirements. ii. All development shall be elevated so that the bottom of the lowest supporting horizontal member (excluding pilings or columns) is located no lower than the regulatory flood protection elevation. Floodproofing may not be utilized on any structures in coastal high hazard areas to satisfy the regulatory flood protection elevation requirements. iii. All space below the regulatory flood protection elevation shall be open so as not to impede the flow of water. iv. Open wood lattice work or mesh insect screening may be permitted below the regulatory flood protection elevation for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with Section D.2.d, Enclosures Beneath Elevated Buildings. v. All development shall be securely anchored on pilings or columns. vi. All pilings and columns and the attached structures 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. vii. 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 C.2, Floodplain Development Permit and Certification Requirements, and Section D.5, Coastal High Hazard Areas (VE and V1-30 Zones). viii. There shall be no alteration of sand dunes which would increase potential flood damage. b. Use of Fill There shall be no fill used as structural support. Non-compacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, thereby rendering the building free of obstruction prior to generating excessive loading forces, ramping effects, or wave deflection. Design plans shall be submitted in accordance with Section C.2, Floodplain Development Permit and Certification Requirements. The Floodplain Administrator may approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect, and/or soil scientist which demonstrates that the following factors have been fully considered: i. Particle composition of fill material does not have a tendency for excessive natural compaction; ii. Volume and distribution of fill will not cause wave deflection to adjacent properties; and iii. Slope of fill will not cause wave run-up or ramping. c. Swimming Pools and Spas Swimming pools and spas in a coastal high hazard area shall: i. Be designed to withstand all flood-related loads and load combinations; ii. Be elevated so that the lowest horizontal structural member is elevated above the RFPE, or be designed and constructed to break away during design flood conditions without producing debris capable of causing damage to any structure, or be sited to remain in the ground during design flood conditions without obstructing flow that results in damage to any structure. iii. Be certified by a registered design professionals that a pool or spa beneath or near a VE Zone building will not be subject to flotation or displacement that will damage building foundations or elevated portions of the building or any nearby buildings during a coastal flood. iv. Pool equipment shall be located above the regulatory flood elevation whenever practicable, and shall not be located beneath an elevated structure. d. There shall be no alteration of sand dunes which would increase potential flood 6-16

268 damage. e. Limitations on Use i. No manufactured homes shall be permitted except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and elevation standards are in compliance with these standards. ii. Recreational vehicles shall be permitted in coastal high hazard areas provided that they meet the recreational vehicle criteria of Section D.2.h, Recreational Vehicles, and the temporary structure provisions of Section D.2.i, Temporary Structures. 6. Standards of Areas of Shallow Flooding (AO Zones) Areas of shallow flooding may be located within a special flood hazard area that include base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. The following provisions shall apply within areas of shallow flooding: a. All new construction and substantial improvements of all structures shall have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least to the regulatory flood protection elevation as defined for the special flood hazard areas where no BFE has been established. b. All new construction and substantial improvements of nonresidential structures shall have the option to, in lieu of elevation, be completely floodproofed together with attendant utilities and sanitary facilities to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as per Section C.2.c, Certification Requirements, and Section D.2.b, Nonresidential Development. 6-17

269 ARTICLE SUBDIVISIONS Subdivision Design Standards 7-1 A. Monuments 7-1 B. Ties and Markers 7-1 C. Easements Streets 7-2 A. Layout and Design 7-2 B. Gated/Controlled Access Subdivisions 7-2 C. Street Names and Signs 7-2 D. Traffic-Control Devices 7-3 E. Acceptance of Streets Street Lighting 7-3 A. Purpose 7-3 B. Applicability 7-3 C. Standards Performance Guarantees 7-5 A. General 7-5 B. Term of Performance Guarantees 7-5 C. Form of Performance Guarantee 7-5 D. Apportionment of Performance Guarantee 7-6 E. Amount of Performance Guarantee 7-6 F. Release or Reduction of Performance Guarantees 7-6 G. Default and Forfeiture of Performance Guarantees Owner Associations 7-6 A. Purpose 7-7 B. Applicability 7-7 C. Establishment of Association 7-7 D. Documentation Requirements 7-7 E. Membership Requirements 7-8 F. Transfer of Maintenance Responsibility 7-8 G. Failure to Maintain is a Violation 7-8

270 ARTICLE SUBDIVISIONS SUBDIVISION DESIGN STANDARDS All subdivisions shall be designed in accordance with the following design standards. A. MONUMENTS 1. Permanent concrete monuments four inches in diameter or square, and three feet long, shall be placed at not less than two corners of the subdivision provided that additional monuments shall be placed where necessary so that no point within the subdivision lies more than 500 feet from a monument. 2. Two or more of the required monuments shall be designated as control corners. 3. The top of each monument shall have an indented cross, metal pin, or metal plate to identify properly the location of the point. 4. All monuments shall be shown on the final plat. B. TIES AND MARKERS 1. Property Corner Tie a. At least one corner of the property surveyed shall be designated by course and distance (tie) from a readily discernible reference marker. b. If a corner is within 2,000 feet of the U.S. Coast and Geodetic Station or state grid system coordinated monument, then this corner shall be accurately tied to this station or monument by computed x and y coordinates which shall appear on the map with a statement identifying this station or monument and to an accuracy of 1: c. When such a monument or station is not available, the tie shall be made to some pertinent and readily recognizable land mark or identifiable point, physical object, or structure. 2. Markers All lot corners, all points where the street lines intersect the exterior boundaries of the subdivision, all angle points and points of curve in each street shall be marked with iron pipe not less than three-fourths inch in diameter and 30 inches long, driven so as to be two inches above the finished grade. C. EASEMENTS 1. Generally a. Easements for underground or aboveground utilities shall be provided, where necessary, across lots or centered on rear or side lot lines and shall be at least 20 feet wide for water and sanitary sewer lines and as required by the companies involved for telephone, gas, power lines, and cable TV (see Figure C: Easements). b. The TRC shall determine whether one easement is sufficient or whether several easements are necessary to accommodate the various facilities. c. The subdivider shall provide for all required easements. 2. Utility Easements Easements centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least six feet wide. 3. Drainage Easements a. Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. b. Lakes, ponds, creeks, or similar areas will be accepted for maintenance only if sufficient land is dedicated as a public recreation area or park or if such area constitutes a 7-1

271 FIGURE C: EASEMENTS necessary part of the drainage control system. Such areas must be approved by the Planning Board before approval of the final plat STREETS New streets and accessways in the Town shall be configured in accordance with the standards in Section , Access and Circulation, and the following: A. LAYOUT AND DESIGN 1. Standards a. In any new subdivision the street layout shall conform to the arrangement, width, and location indicated on any official plans or maps for the Town. b. In areas for which such plans have not been completed, the streets shall be designed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, and to the proposed use of land to be served by such streets. c. The proposed street layout shall be made according to good land planning practice for the type of development proposed, and shall be coordinated with the street system of the surrounding areas. d. All streets must provide for the continuation or appropriate projection of principal streets in surrounding areas and provide reasonable means of ingress and egress for surrounding acreage tracts. e. All street design and layout standards for new right-of-way development are subject to review and approval by the TRC. B. GATED/CONTROLLED ACCESS SUBDIVISIONS Gated or controlled access preliminary subdivision plats shall not be approved until an emergency/service access agreement has been reviewed by the TRC and the Town Attorney as to legal form and effect, and approved by the UDO Administrator. C. STREET NAMES AND SIGNS 1. Street names of all subdivision plats shall be subject to approval of the Planning Board. 2. New street names shall not duplicate or be similar to existing street names and existing street names shall be projected wherever possible. 3. Street name signs shall be installed by the developer at each street intersection as appropriate to identify all street names. Street name signs, poles and brackets will be provided through the 7-2

272 Town of Atlantic Beach Public Services Department. 4. Determinations regarding new street names, or changes in street names, shall be reviewed by the Carteret County Emergency Management Department. D. TRAFFIC-CONTROL DEVICES 1. Traffic-control devices such as stop, yield, and speed limit signs, but not including electric or electronic traffic signals, shall be installed on public streets by the developer at the appropriate locations, as determined by NCDOT. 2. Installation standards and materials shall be in conformance with NCDOT standards for the devices. E. ACCEPTANCE OF STREETS No street shall be maintained by the Town nor street dedication accepted for maintenance in any subdivision for which a plat is required to be approved unless and until the final plat has been approved by the Town STREET LIGHTING A. PURPOSE The purpose of this section is to establish the standards for to the installation of street lights for the purposes of traffic safety and crime control. B. APPLICABILITY This section shall apply to all public rights-of-way within the municipal limits of the Town of Atlantic Beach and any public rights-of-way annexed in the future until such time that this section is altered, modified, or rescinded by the Town Council. C. STANDARDS 1. Street Light Installation Required The owner, developer, or subdivider of a site plan or subdivision shall be required to install street lighting via underground distribution unless specifically approved otherwise by the Town Council, along all proposed streets and along all adjoining existing streets and thoroughfares in accordance with this section. 2. Standards may be Exceeded a. Through the site plan and subdivision plan approval process, the Town Council may approve street lighting which exceeds these standards for residential streets so as to reduce the length of sag vertical curves, provided the street lights are operational prior to the issuance of any certificates of occupancy for development on streets. b. The minimum allowable length of sag vertical curves shall be as follows: i. Residential streets: 20A; and ii. Cul-de-sacs and loop roads: 15A. 3. Street Lighting Specifications All underground electrical distribution systems for street lighting within the corporate limits of the Town of Atlantic Beach shall be installed according to the following standards: a. Underground Electrical Service Underground service for light fixtures shall be installed by the developer in conformance with local electric service provider and Town of Atlantic Beach standards, at the developer's expense. b. Light Placement i. A street light shall be provided at all street intersections. ii. The placement of street lighting fixtures in residential areas shall be at 400 to 600 foot intervals unless: a). The roadway length is less than 400 feet but more than 200 feet, in which case a street light will be provided at the end of the street; or b). Where the roadway length is less than 200 feet and a street light is 7-3

273 placed at the intersection and no natural features create a problem, no street light will be placed at the end of the roadway; or c). The vertical and horizontal street alignment or natural features necessitate shorter spacing intervals. iii. The placement of street lighting along thoroughfares, marginal access streets, and collector streets and in nonresidential areas shall be in accordance with the latest revision of the Illuminating Engineering Society's "American National Standards for Roadway Lighting." 4. Lamp Specifications Street light fixtures shall conform to the following: a. All fixtures in residential areas shall be either 5,800- or 9,500-lumen enclosed high pressure sodium lamps on standard local electric utility provider poles 25 feet in height. The 5,800-lumen fixture shall be placed only at the "neck" of cul-de-sacs. b. All fixtures along thoroughfares shall be 28,500-lumen enclosed high pressure sodium lamps on standard fiberglass poles 30 feet in height or 50,000 lumen enclosed high pressure sodium lamps on standard fiberglass poles 35 feet in height. The 28,500 lumen fixtures shall be placed in residential areas when spillover from the 50,000 lumen fixtures would be excessive, in the determination of the UDO Administrator. 5. Timing for Installation a. Authorization for street light installations shall occur at such time as: i. A developer, through the Town of Atlantic Beach, requests the installation of street lights prior to the issuance of any certificates of occupancy. The developer shall incur a monthly electrical expense billed from the local electric utility provider equal to the monthly electrical expense incurred by the Town of Atlantic Beach, for each street light installed. The developer will be billed the local electric utility provider for the period beginning with installation of the street light and ending with notification to the Town of Atlantic Beach, by the Developer, of issuance of a certificate of occupancy in the immediate area of each street light location; or ii. A certificate of occupancy is issued in the immediate area of the proposed street light location; or iii. A thoroughfare, marginal access street, or collector street is constructed or widened as a part of development. Thoroughfares, marginal access streets, and collector streets that are constructed or widened by the Town of Atlantic Beach shall be lighted immediately after construction, dependent on the availability of funds. b. Street lighting facilities and street lights shall be installed by the developer on any roadway, portion of roadway, or widening prior to the Town of Atlantic Beach's acceptance of that roadway for routine maintenance unless otherwise approved by the Public Works Director. 6. Relocation or Replacement a. Relocation or replacement of street lighting may occur in accordance with the following: i. Residents along a street may request the relocation of a street light provided that the proposed street light location meets Town standards and the relocation is approved by the Public Works Director. ii. Residents living at the cul-de-sac end of a street may request the replacement of an existing 9,500-lumen semi-enclosed light fixture with a 5,800-lumen semi-enclosed light fixture. iii. A petition, signed by all persons owning property fronting on the street within the boundaries of the next closest installed or proposed street lights, shall be required. iv. The relocation or replacement cost and all facilities abandonment costs must be paid in full to the local electric utility provider in advance by the resident(s) 7-4

274 requesting the relocation or replacement. b. A developer may request to use decorative or "private" street lighting within a development provided: PERFORMANCE GUARANTEES i. Street light fixture types and locations must meet the minimum criteria set forth in these standards and must be approved by the Town of Atlantic Beach. ii. The developer and/or homeowner's association shall be responsible for all installation costs and monthly operating costs above what is accepted by policy of the Atlantic Beach Town Council associated with the street lights. iii. The developer and/or homeowner's association shall be responsible for any costs associated with deletion of the street lights and any costs associated with installing the Town's standard street lights. iv. The developer shall include all responsibilities of the homeowner's association pertaining to the street lighting in the development covenants. The developer shall inform all purchasers of property in the development of these same responsibilities. A. GENERAL A performance guarantee, prepared in accordance with the standards in this section, shall be required to ensure the completion of public infrastructure improvements that are required as part of an approved preliminary plat, but that are not approved as complete before approval of a final plat. B. TERM OF PERFORMANCE GUARANTEES The term of the performance guarantee shall reflect any time limit for completing installation of required improvements that is included in the preliminary or final plat, as appropriate, but in any case, the term shall not exceed 18 months. The UDO Administrator, for good cause shown, may grant up to one extension of time, for a time period not exceeding one year. C. FORM OF PERFORMANCE GUARANTEE 1. The applicant shall propose the form(s) of the performance guarantee, which shall be provided in one or more of the following forms: a. Cash, Irrevocable Letter of Credit, or Equivalent Security i. The developer shall deposit cash, or other instrument readily convertible into cash at face value (at the developer s discretion), such as an irrevocable letter of credit, either with the Town or in escrow with a financial institution. ii. If cash or other instrument is deposited in escrow with a financial institution, an agreement between the financial institution and the developer shall be filed with the Town guaranteeing the following: a). That the escrow account shall be held in trust until released by the Town and may not be used or pledged by the developer for any other matter during the term of the escrow; and b). That in case of a failure on the part of the developer to complete or repair the improvements, the financial institution shall, upon notification by the Town, immediately pay the funds deemed necessary by the Town to complete or repair 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 in full to the Town. iii. The financial institution holding the cash or other instrument shall indicate to the Town its notification requirements for release or payment of funds. b. Surety Bond i. The developer shall obtain a surety bond from a surety bonding company authorized to issue surety bonds in North Carolina. 7-5

275 ii. The bond shall be payable to the Town and shall be in an amount as required by this subsection. 2. The performance guarantee shall distinguish between the portion of the guarantee provided for public improvements as well as the portion of the guarantee provided for private improvements, as appropriate. 3. The performance guarantee shall be conditioned on the performance of all work necessary to complete the installation of the required improvements within the term of the financial guarantee. D. APPORTIONMENT OF PERFORMANCE GUARANTEE The performance guarantee shall be conditioned on the performance of all work necessary to complete the installation of the required improvements within the term of the performance guarantee. E. AMOUNT OF PERFORMANCE GUARANTEE 1. General Performance guarantees shall be in an amount equal to 125 percent of the estimated cost of completing the installation of the required improvements, including the costs of materials, labor, and project management. 2. Estimated Costs Estimated costs of completing installation of required public improvements shall be itemized by improvement type and certified by the developer s licensed professional engineer, and is subject to approval by the UDO Administrator. F. RELEASE OR REDUCTION OF PERFORMANCE GUARANTEES 1. Requirements for Release or Reduction The UDO Administrator, as appropriate, shall release or reduce a performance guarantee only after: a. The owner or developer has submitted to the Town a written request for a release or reduction of the performance guarantee that includes certification by the owner s or developer s engineer or contractor, whichever is appropriate, that installation of the guaranteed improvements has been completed in accordance with approved plans and specifications, and as-builts (if applicable); b. The UDO Administrator has performed an inspection of the improvements and certified in writing that installation of the guaranteed improvements is completed in accordance with approved plans and specifications; and c. No release or reduction in performance guarantee amounts will be considered until more than 25 percent of the work is in place and approved. 2. Acceptance Shall Be Documented The UDO Administrator shall provide written notice of the Town s final acceptance of the improvements subject to performance guarantees. G. DEFAULT AND FORFEITURE OF PERFORMANCE GUARANTEES 1. Notice of Failure to Install or Complete Improvements If the owner or developer fails to complete installation of the guaranteed improvements within the term of the performance guarantee (as may be extended), the UDO Administrator shall give the owner or developer 30 days written notice of the scope and degree of the default, by certified mail. 2. Town Completion of Improvements After the 30-day notice period expires, the Town may draw on the guarantee and use the funds to perform work necessary to complete installation of the guaranteed improvements. After completing such work, the Town shall provide a complete accounting of the expenditures to the owner or developer. In the event of a default triggering the use of the financial guarantee, the Town shall return any of the unused deposited cash funds or other security OWNER ASSOCIATIONS 7-6

276 A. PURPOSE The purpose of this section is to set out the requirements for establishment of a homeowner s or property owner s association (hereinafter association ) that shall be responsible for the long-term maintenance of common areas, common features, and private infrastructure in a subdivision. This section also sets out the requirements associated with transfer of subdivision control and maintenance responsibility from the subdivider to the association. B. APPLICABILITY The standards in this section shall apply to any development established after August 28, 2017 that include an association. C. ESTABLISHMENT OF ASSOCIATION 1. Documents for the creation of the association shall be submitted to the Town for review and approval prior to approval of the final plat (see Section S.4, Final Plat). Documentation shall include, but not be limited to the information in Section D, Documentation Requirements. 2. The association shall be established by the subdivider prior to the sale of the first lot in the subdivision. 3. The structure and operating provisions of the association shall be in accordance with the Townapproved documentation recorded prior to approval of the final plat. 4. The association documents shall establish that the subdivider shall maintain the common area, common facilities, and infrastructure until 75 percent of the lots are sold; and 5. Responsibility for maintaining the subdivision s common areas, common facilities, and private infrastructure shall be transferred in accordance with the standards in Section F, Transfer of Maintenance Responsibility. D. DOCUMENTATION REQUIREMENTS 1. The association documents submitted to the county for review and approval shall include, but not be limited to, the following: a. A declaration of all restrictive covenants; b. A declaration of all deed restrictions; c. A declaration that the association is responsible for liability insurance and all applicable taxes; d. A declaration of common ownership and maintenance responsibilities of all on-site improvements not dedicated to a local or State agency, including but not limited to streets, drainage systems, wastewater systems, open space areas, recreational facilities, and private infrastructure; e. A description of the structural organization and operating procedures of the association; f. Association by-laws; g. A legal description of all private common open space areas and other lands owned in common; h. Provisions establishing the legal authority of the association to maintain control over all common areas, common features, and private infrastructure in the subdivision, following transfer of control by the subdivider; i. Provisions authorizing the association to compel contributions from owners in the development to cover their proportionate share of maintenance costs associated with common areas, common features, and private infrastructure; j. Provisions authorizing the association to increase the amount of mandatory fees or assessments, when necessary, for the continued maintenance of common areas, common features, or private infrastructure; k. Provisions authorizing the association to convert any member s unpaid assessments into a lien on the real property; and l. Evidence related to the establishment of a reserve fund to support the continued maintenance and upkeep of common areas, common features, and private infrastructure. 7-7

277 2. Following approval of the required documentation by the County Attorney, the subdivider shall record all required documentation with the Carteret County Register of Deeds. E. MEMBERSHIP REQUIREMENTS 1. Following establishment of the association by the subdivider, membership in the association shall be automatic and mandatory for all purchasers of land within the subdivision and their successors in title. 2. All members of an association shall be responsible for contributions to the association s reserve fund to cover their proportionate share of maintenance costs associated with common areas, common features, and private infrastructure. F. TRANSFER OF MAINTENANCE RESPONSIBILITY 1. The subdivider shall be responsible for maintenance of all common areas, common features, and private infrastructure until maintenance responsibility is transferred to the association in accordance with the standards in this subsection. 2. The subdivider shall cede maintenance responsibility for common areas, common features, regulatory permits (e.g., stormwater permits), and private infrastructure to the association upon sale of 75 percent of the lots in a subdivision. 3. Maintenance responsibility is not transferred from the subdivider to the association until all of the following occur: a. At least 75 percent of the total number of lots in the subdivision are sold; and b. The subdivider commissions a report prepared by a registered professional engineer indicating that all common areas, common features, and infrastructure elements comply with the minimum standards in this Ordinance. The report shall also include verification of the reserve fund balance in accordance with the standards in this section; and c. Town staff reviews and approves the report; and d. A reserve fund dedicated to the continued maintenance and upkeep of common areas, common features, and private infrastructure is established with a banking institution acceptable to the Town in the name of the association that contains a minimum balance that includes the following: i. Ten percent of the road construction costs for streets not maintained by NCDOT at the time of transfer (gravel base and asphalt only); ii. Except for sidewalks and street trees, ten percent of the construction costs of common features and private infrastructure; iii. Liability insurance and taxes for two years; and, iv. Facilities, stormwater, and landscaping maintenance costs, as appropriate, for two years. e. In the event the association has not collected sufficient assessment funds from the lot owners in the subdivision to meet the minimum balance requirements of the reserve fund, the subdivider shall be responsible for the difference needed to meet the minimum balance requirements. 4. Applications to turn over maintenance responsibility to the association for common areas, common features, or private infrastructure prior to conveyance of 75 percent of the lots in the subdivision may be reviewed by the Town Council. The Town Council, at the request of the subdivider, shall allow transfer of maintenance responsibility upon a finding that the association has sufficient financial capacity to assume maintenance responsibility for common areas, common facilities, and private infrastructure. G. FAILURE TO MAINTAIN IS A VIOLATION Failure to maintain common areas, common features, or infrastructure is a violation of this Ordinance and is subject to the penalties and remedies in Article 18-9: Enforcement. 7-8

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279 ARTICLE NONCONFORMITIES General Applicability 8-1 A. Purpose and Scope 8-1 B. Continuation; Minor Repairs and Maintenance Allowed 8-1 C. Change of Tenancy or Ownership Nonconforming Uses 8-1 A. Declared Incompatible 8-1 B. Standards Applied to All Nonconforming Uses 8-1 C. Standards Applied to Manufactured Homes 8-3 D. Standards Applied to Small Multi-family Dwellings Nonconforming Structures 8-3 A. Applicability 8-3 B. Continuation and Replacement 8-3 C. Expansion and Enlargement Nonconforming Lots of Record 8-4 A. Applicability 8-4 B. Continuation 8-4 C. Expansion or Enlargement 8-5 D. Governmental Acquisition of Land Nonconforming Signs 8-5 A. General 8-5 B. Prohibited Actions 8-5 C. Maintenance of Nonconforming Signage Allowed 8-5 D. Replacement of Nonconforming Signage 8-6 E. Discontinuance of Business Activity 8-6 F. Additional Sign Permit Application Nonconforming Lighting Nonconforming Sites 8-6 A. Applicability 8-6 B. Determination of Cost and Assessed Value 8-7 C. Remodeling of Buildings or Structures 8-7 D. Additions and Expansions 8-7 E. Physically Constrained Properties - Comply to Maximum Extent Practicable

280 GENERAL APPLICABILITY ARTICLE NONCONFORMITIES A. PURPOSE AND SCOPE There are existing uses of land, structures, lots of record, signs, and site features (e.g., off-street parking, bicycle parking, landscaping, lighting, etc.) that were lawfully established before the effective date of this Ordinance or a subsequent amendment thereto, that now do not conform to standards and requirements of this Ordinance. Such uses, structures, lots, signs and site features are collectively referred to as nonconformities. The purpose and intent of this article is to allow nonconformities to continue to exist, but to regulate and limit their continued existence and expansion so as to bring them into conformity to the extent that is reasonably practicable. B. CONTINUATION; MINOR REPAIRS AND MAINTENANCE ALLOWED 1. Continuation Nonconformities are allowed to continue in accordance with the requirements of this article. 2. Completion Nonconforming projects incomplete as of August 28, 2017 shall only be completed in accordance with this article and Section , Transitional Provisions. 3. Maintenance Allowed Nonconformities are allowed and encouraged to receive minor repairs and routine maintenance that are necessary to maintain the nonconformity and its surroundings in a safe condition and to protect against health hazards. 4. Strengthening Allowed Nothing in this Ordinance shall prevent the strengthening or restoration to a safe or lawful condition of any part of any building or structure declared unsafe or unlawful by a duly authorized Town official. C. CHANGE OF TENANCY OR OWNERSHIP No change of title or possession or right to possession of property involved with a nonconformity shall be construed to prevent the continuance of such nonconformity NONCONFORMING USES A. DECLARED INCOMPATIBLE All nonconforming uses are hereby declared generally incompatible with the permitted uses in the district in which they are located and with the provisions of this Ordinance. B. STANDARDS APPLIED TO ALL NONCONFORMING USES The standards in this section shall apply to all nonconforming uses in the Town except for manufactured homes and small multi-family dwellings. 1. Continuation a. A nonconforming use may be continued and maintained in accordance with the standards of this section. b. If a nonconforming use is replaced by a conforming use, the nonconforming use may not be re-established. 2. Conversion a. No nonconforming use shall be changed to another nonconforming use unless the use is determined by the UDO Administrator to be of equal or less intensity or density. In determining whether a nonconforming use is of equal or less intensity or density, the 8-1

281 ARTICLE NONCONFORMITIES Section Nonconforming Uses Subsection C. Standards Applied to Manufactured Homes UDO Administrator shall consider: i. Anticipated traffic of each use; ii. Parking requirements of each use; iii. Anticipated number of persons on the premises of each use at a time of peak demand; iv. The number of dwelling units; and v. Off-site impacts of each use, such as noise, glare, dust, vibration, or smoke. b. A nonconforming use must continue to occupy the same lot or plot of land. 3. Extension Within a Building a. A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this Ordinance, was manifestly designed or arranged to accommodate such use. b. A nonconforming use may not be extended to additional buildings, new buildings, or to land outside the original building. 4. Expansion or Enlargement a. A nonconforming use of open land may not be extended to cover more land than was occupied by the use when it became nonconforming. b. A use that involves the removal of natural materials from the lot (e.g., quarry) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming, if ten percent or more of the earth products had already been removed upon August 28, c. The volume, intensity, or frequency of use may be increased, and the equipment or processes used at a location may be changed if these changes amount only to changes in the degree of activity rather than changes in kind. d. Nothing in this section shall limit the elevation of an existing or damaged residential structure to a height above the base flood elevation. 5. Cessation a. General i. If a nonconforming use of land ceases operation for a continuous period of more than 180 days, any subsequent use of the land shall only be a use permitted in the district in accordance with Table G, Principal Use Table. ii. The landowner shall demonstrate that the nonconforming use has not ceased for a continuous period of more than 180 days, to maintain its nonconforming status. iii. A determination by the Town that a nonconforming use has ceased may be based on, but not limited to, any of the following: a). Removal of inventory, equipment, or machinery; b). Termination in or a substantial reduction in utility services; c). Absence or reduction in activity at the site compared with the former level of use; d). Failure to maintain minimal hours of operation; e). Voluntary demolition; f). Unoccupied buildings in which the use was formerly conducted; g). Removal of on-site signage or copy from that signage; h). Failure to apply or re-apply for the necessary permits; or i). Failure to appeal from the denial of necessary permits. b. Damage, Destruction, or Demolition If a lawfully-established nonconforming use of land ceases because of damage, destruction, or demolition of the structure in which the use is located, the structure 8-2

282 ARTICLE NONCONFORMITIES Section Nonconforming Structures Subsection B. Continuation and Replacement may be reconstructed or repaired and the use re-established within 180 days, but may not exceed the square footage existing prior to its damage or destruction. 6. Replacement Replacement of a lawfully established nonconforming use shall be in accordance with the standards in Section B.1, Continuation. C. STANDARDS APPLIED TO MANUFACTURED HOMES 1. Expansion or Enlargement A replacement manufactured home may be larger than the existing manufactured home being replaced, provided: a. It is located on the same lot or space as the previous dwelling unit; b. It meets all applicable setbacks for the district where it is located; and c. The number of dwelling units is not increased. D. STANDARDS APPLIED TO SMALL MULTI-FAMILY DWELLINGS 1. Reconstruction a. Any small multi-family dwelling unit and appurtenances subdivided prior to October 24, 2002, may be reconstructed regardless of the amount of damage incurred, provided the reconstruction is limited to the original dimensions of the damaged or destroyed unit. b. Dimensional standards shall be those for the base zoning district where located except that there shall be no side setback along the party wall dividing the actual structure and the line formed by the extension of the party wall to the rear lot line. c. The area of the original lot(s) on which the small multi-family project was constructed prior to the subdivision thereof shall be used for purposes of determining maximum impervious surface coverage. 2. Repair and Reconstruction In the event a small multi-family dwelling unit is damaged or destroyed, the owner shall be obligated to promptly repair or reconstruct it unless the owners of all other units in the development project give written consent to the contrary. 3. No Demolition No small multi-family dwelling unit may be demolished without a permit from the UDO Administrator and written consent from the owners of all other dwelling units in the small multifamily project NONCONFORMING STRUCTURES A. APPLICABILITY Nonconforming principal and accessory structures shall be subject to the standards in this section. B. CONTINUATION AND REPLACEMENT 1. Continuation A nonconforming structure may be continued in accordance with B, Continuation; Minor Repairs and Maintenance Allowed. 2. Replacement a. Residential Development Nonconforming residential development subject to casualty damage (by fire, flood, or act of God) may be reconstructed in the same location and with the same footprint as existed prior to damage. In no instance shall replacement of a nonconforming residential structure increase the nonconformity or result in a larger structure than existed prior to damage. Nothing shall limit the elevation of a residential structure to a height above the base flood elevation. 8-3

283 ARTICLE NONCONFORMITIES Section Nonconforming Lots of Record Subsection D. Governmental Acquisition of Land b. Nonresidential Development i. After Damage in Excess of 50 Percent of Building Value In the event of damage by fire or other causes to an extent exceeding 50 percent of its building value prior to such damage, as established by the applicable County tax listing, reconstruction of a nonconforming structure shall be permitted only in compliance with the applicable dimensional requirements of this Ordinance. ii. After Damage Less Than 50 Percent of Building Value In the event of damage by fire or other causes to an extent not exceeding 50 percent of its building value prior to such damage, as established by the applicable County tax listing, reconstruction of a nonconforming structure shall be permitted, provided it is constructed: a). In accordance with an approved site plan or building permit, as applicable; b). In the same location and up to the same dimensions as originally existed; or c). In compliance with the current dimensional requirements. 3. Relocation A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless upon relocation it conforms to the requirements of this Ordinance. C. EXPANSION AND ENLARGEMENT 1. Alteration No nonconforming structure may be enlarged or altered in any way which increases the nonconformity; however, any nonconforming structure or portion thereof may be altered to decrease the degree of nonconformity. Nothing shall limit the elevation of a residential structure to a height above the base flood elevation. 2. Enlargement Any enlargement of a nonconforming structure shall be configured so as to not increase the degree of nonconformity NONCONFORMING LOTS OF RECORD A. APPLICABILITY Nonconforming lots of record shall comply with the standards in this section. B. CONTINUATION 1. Lots with Contiguous Frontage in One Ownership When two or more adjoining lots with contiguous frontage are under common ownership and the lots are nonconforming in terms of width or area, such lots shall be combined for development purposes to create one or more lots, each of which conforms to the applicable dimensional requirements of the district. 2. Single Lot of Record in a Residential District When a lot in a residential zoning district has an area or width which does not conform to the dimensional requirements of the district where it is located, but was of record on August 28, 2017, then a single-family detached dwelling may be built on the lot, subject to compliance with setback standards, to the maximum extent practicable. 3. Single Lot of Record in a Nonresidential District When a lot in a nonresidential district has an area or width which does not conform to the dimensional requirements of the district where it is located, but was of record on August 28, 8-4

284 ARTICLE NONCONFORMITIES Section Nonconforming Signs Subsection D. Replacement of Nonconforming Signage 2017, then development on the lot may be permitted, subject to compliance with all required dimensional and development standards, to the maximum extent practicable, and all other applicable development and design standards. C. EXPANSION OR ENLARGEMENT The boundaries, shape, or size of a nonconforming lot may be modified through a lot line adjustment, boundary adjustment, recombination, or consolidation, provided it reduces the extent of the nonconformity. D. GOVERNMENTAL ACQUISITION OF LAND Conforming lots subject to governmental acquisition of a portion of the lot for a public purpose that results in the lot becoming nonconforming because it no longer complies with lot area, width, or depth standards of the district shall be deemed conforming upon receipt of a zoning permit (see Section Z, Zoning Permit, and compliance with the following: 1. Complies with Use Table The development proposed complies with Table G, Principal Use Table; 2. Complies with Dimensional Standards The development proposed complies with the dimensional standards of this Ordinance, prior to the acquisition; 3. Complies with Off-Street Parking Standards The development proposed is designed to comply with the off-street parking and landscaping standards of this Ordinance; and 4. Complies with Other Applicable Standards The development proposed complies with all other standards and requirements of this Ordinance NONCONFORMING SIGNS A. GENERAL A sign that was legally in existence on August 28, 2017 and was constructed in accordance with the applicable laws and ordinances in effect on the date of construction, but by reason of its size, height, location, design, or construction is no longer in compliance with the requirements of the Ordinance, shall be deemed a nonconforming sign subject to the standards in this section. B. PROHIBITED ACTIONS The following actions associated with a nonconforming sign shall be prohibited: 1. Enlargement or Alteration Structural alteration, enlargement, or extension of a nonconforming sign or sign structure; 2. Type of Lighting Changes to the type of sign lighting; and 3. Relocation Relocation of a nonconforming sign upon the premises. C. MAINTENANCE OF NONCONFORMING SIGNAGE ALLOWED A nonconforming sign may remain in place and be maintained as long as the use it advertises remains in operation, subject to the following standards: 1. Maintenance Actions Normal maintenance of a nonconforming sign shall be allowed, and shall include the following: a. Nonstructural repairs, such as repainting or electrical repairs; b. Incidental alterations which do not increase the degree or extent of the nonconformity; and c. Changing of copy, as provided in this section. 8-5

285 ARTICLE NONCONFORMITIES Section Nonconforming Lighting Subsection A. Applicability 2. Change of Sign Copy Nonconforming signs may change copy in the form of replacement panels or replacement lettering. D. REPLACEMENT OF NONCONFORMING SIGNAGE 1. Removal Any nonconforming sign that is removed for any reason shall only be replaced with a sign that complies with the provisions of this Ordinance. 2. Damage a. If damage to a nonconforming sign from any cause is less than 50 percent of either the original or replacement value, whichever is less, the sign may be rebuilt or repaired to its original condition in its original location and may continue to be displayed. b. If damage from any cause to a nonconforming sign equals or exceeds 50 percent of either the original or replacement value, the nonconforming sign may only be replaced with a sign that complies with the provisions of this Ordinance. 3. Renovation Nonconforming signage shall be removed or replaced with conforming signage if any of the following occur: a. If additions or expansions of buildings exceed 1,000 square feet of gross floor area (GFA) or the total of additions or expansions of buildings, parking areas, or open uses of land occur that individually or collectively exceed 3,000 square feet; or b. If structural or nonstructural alterations, excluding routine maintenance and repair of the facade of the principal building, exceeds 50 percent of the facade's area, to be calculated from the area of the facade or wall used in calculating the maximum allowable sign area. E. DISCONTINUANCE OF BUSINESS ACTIVITY 1. Discontinued for Less than 180 Days If the business activity on the premises where a nonconforming sign is located is discontinued for a continuous period of less than 180 days, then the nonconforming sign shall be allowed to remain. 2. Discontinued for 180 Days or More If the business activity on the premises where a nonconforming sign is located is discontinued for a continuous period of 180 days or more, then the nonconforming sign must be removed or replaced by a sign conforming to the standards of this Ordinance within 60 days of notice by the UDO Administrator. F. ADDITIONAL SIGN PERMIT APPLICATION Nonconforming signage shall be removed or replaced with conforming signage if an application for a sign permit to add new or additional signage to the premises is approved NONCONFORMING LIGHTING Lighting fixtures existing on August 24, 2009, may remain, and shall be considered nonconforming structures. Modifications, replacement or expansions, shall conform to the standards of Section , Nonconforming Structures NONCONFORMING SITES A. APPLICABILITY 1. For purposes of this section, the term nonconforming site features includes the following: a. Nonconforming off-street parking; b. Nonconforming bicycle parking; 8-6

286 ARTICLE NONCONFORMITIES Section Nonconforming Sites Subsection D. Additions and Expansions c. Nonconforming landscaping; d. Nonconforming perimeter buffers; e. Nonconforming screening walls or fences; and f. Nonconforming lighting. 2. If an application is filed for a building permit (including mechanical, electrical, HVAC, or other typical permit) for the remodeling or expansion of a structure and the development site contains one or more nonconforming site features identified in Subsection 1. above, and the value of the proposed improvements totals at least 25 percent of the assessed value of the existing structure, the applicant shall be required to address the nonconforming site feature as provided in this section. 3. Town staff may develop administrative guidelines to assist in the implementation of this section, including guidelines for the resolution of conflicts when it may not be possible for one or more types of nonconforming site features to be brought into compliance with the requirements of this Ordinance because of particular site constraints or impacts on adjacent sites. B. DETERMINATION OF COST AND ASSESSED VALUE 1. For purposes of determining if upgrading of nonconforming site features is required by this subsection, the cost of the remodeling shall be as shown on the approved building permit application. 2. Assessed value shall be based on the most recently available Carteret County tax records. C. REMODELING OF BUILDINGS OR STRUCTURES If a building permit is required for interior or exterior remodeling of the building or structure, the remodeling or redevelopment shall require correction of existing on-site nonconforming off-street parking, bicycle parking, landscaping, perimeter buffer, screening, and signage in accordance with this section Percent or Less of Structure Value Remodeling in any continuous one-year period that costs 25 percent or less of the current assessed value of the structure shall not require any correction to nonconforming site aspects. 2. More Than 25 Percent but Less Than 75 Percent of Structure Value Remodeling in any continuous one-year period that costs more than 25 percent but less than 75 percent of the current assessed value of the structure shall require that a corresponding percentage of the off-street parking, bicycle parking, landscaping, perimeter buffer, screening, and signage standards of this Ordinance be installed or upgraded on the site, until the site achieves 100 percent compliance. Example: A hypothetical building is required to provide at least 40 off-street parking spaces, but the building site only includes 20 spaces. If the building is remodeled such that the cost of remodeling equals 30 percent of the building s assessed value, the remodeling project must add 12 parking spaces (30% x 40 required spaces). This increases the development s degree of compliance with off-street parking standards from 50 percent (20 of 40 required spaces) to 80 percent (32 of 40 required spaces) Percent or More of Structure Value Remodeling projects that cost 75 percent or more of the current assessed value of the structure shall require 100 percent compliance with the off-street parking, landscaping, perimeter buffer, screening, and signage standards of this Ordinance. 4. Five or Fewer Additional Parking Spaces When five or fewer additional off-street parking spaces are required under this subsection as a result of a remodeling project, such additional off-street parking is not required to be installed, but the applicant shall install a comparable number of bicycle parking spaces. D. ADDITIONS AND EXPANSIONS 8-7

287 ARTICLE NONCONFORMITIES Section 0. Nonconforming Sites Subsection E. Physically Constrained Properties - Comply to Maximum Extent Practicable Additions and expansions to structures on nonconforming sites shall require correction of existing onsite nonconforming off-street parking, landscaping, perimeter buffer, screening, and signage standards in accordance with this section. 1. Off-Street Parking, Landscaping, Perimeter Buffers, Signage, and Screening a. Expansion of 50 Percent or Less of Gross Square Footage Over One Year Expansions in any continuous one-year period, which result in a 50 percent or less increase in the gross square footage of the existing structure (measured at the beginning of the one-year period), require that a corresponding percentage of the offstreet parking, bicycle parking, landscaping, perimeter buffer, screening, and signage standards of this Ordinance be installed or upgraded on the site, until the site achieves 100 percent compliance. Example: if the addition is 25 percent of the area of the existing structure and the site contains only 50 percent of the required landscaping, 25 percent of the required landscaping for the entire site must be provided, thereby bringing the landscaping on the site to 75 percent of the total required. Existing landscaping on the site shall be retained or replaced but shall not count toward the required percentage of new landscaping. b. Expansion of Greater Than 50 Percent of Gross Square Footage Over One Year Expansions over any continuous one-year period, which result in a greater than 50 percent increase of the gross square footage of the existing structure (measured at the beginning of the one-year period), require the entire property to meet all of the offstreet parking, bicycle parking, landscaping, perimeter buffer, screening, and signage standards of this Ordinance. 2. Addition of Outdoor Storage Area Only When only outdoor operations/storage/display areas are being added or increased on a site, the percentage increase in outdoor operations area shall require a corresponding percentage increase in perimeter buffers and screening. Perimeter buffer and screening augmentation shall be located so as to achieve the performance objectives in Section , Landscaping, with priority given to screening the impacts of outdoor operations. E. PHYSICALLY CONSTRAINED PROPERTIES - COMPLY TO MAXIMUM EXTENT PRACTICABLE Lands that are physically constrained (due to limited size, topography, or other environmental considerations) from complying with these provisions shall comply, to the maximum extent practicable, as determined by the UDO Administrator. 8-8

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289 ARTICLE ENFORCEMENT Purpose Compliance Required Violations 9-1 A. Development without Authorization 9-1 B. Development Inconsistent with Authorization 9-1 C. Violation by Act or Omission 9-1 D. Use in Violation 9-1 E. Subdivide in Violation 9-1 F. Violate Environmental Laws 9-1 G. Continue a Violation Reserved Responsible Persons 9-1 A. General 9-1 B. Failure by Town Does Not Relieve Individual 9-2 C. Remedy Upon Notice Enforcement Generally 9-2 A. Responsibilities 9-2 B. Complaints 9-2 C. Investigations 9-2 D. Inspections 9-2 E. Supporting Documentation Enforcement Procedure 9-3 A. Notice of Violation 9-3 B. Emergency Situations 9-3 C. Failure to Comply With Order Reserved Remedies and Penalties 9-4 A. Civil Penalties 9-4 B. Conditional Permit or Temporary Certificate 9-5 C. Stop Work Orders 9-5 D. Revocation of Permits 9-5 E. Injunctive Relief 9-5 F. Order of Abatement 9-5 G. Equitable Remedy 9-5 H. State and Common Law Remedies 9-5 I. Previous Enforcement 9-6 J. Remedies Cumulative and Continuous 9-6

290 ARTICLE ENFORCEMENT PURPOSE This article establishes procedures through which the Town seeks to ensure compliance with the provisions of this Ordinance and obtain corrections for violations. It also sets forth the remedies and penalties that apply to violations of this Ordinance. The provisions of this article are intended to encourage the voluntary correction of violations, where possible COMPLIANCE REQUIRED Compliance with all the procedures, standards, and other provisions of this Ordinance is required by all persons owning, developing, managing, using, or occupying land or structures in the Town VIOLATIONS Any of the following activities shall be a violation of this Ordinance and shall be subject to the remedies and penalties provided by this article and by State law. A. DEVELOPMENT WITHOUT AUTHORIZATION Engaging in any development, use, construction, land disturbance, or other activity of any nature upon land or improvements thereon subject to the jurisdiction of this Ordinance without all required plans, permits, certificates, or other forms of authorization as set forth in this Ordinance. B. DEVELOPMENT INCONSISTENT WITH AUTHORIZATION Engaging in any development, use, construction, land disturbance, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity. C. VIOLATION BY ACT OR OMISSION Violating, by act or omission, any term, variance, modification, adjustment, condition, or qualification placed upon any required plan, permit, certificate, or other form of authorization for the development, use, construction, land disturbance, or other activity upon land or improvements thereon. D. USE IN VIOLATION Erecting, constructing, altering, repairing, maintaining, or using any building or structure, or use any land in violation of this Ordinance or any regulation made under the authority conferred thereby. E. SUBDIVIDE IN VIOLATION Subdividing land in violation of this Ordinance or transfer or sell land by reference to a plat or map showing a subdivision of land before the plat or map has been properly approved under this Ordinance and recorded in the office of the Carteret County Register of Deeds. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from being deemed a violation this Ordinance. F. VIOLATE ENVIRONMENTAL LAWS Violating the rules or regulations of Section , Stormwater Management, or Section , Flood Damage Prevention. G. CONTINUE A VIOLATION Each day a violation continues is a separate and distinct offense RESERVED RESPONSIBLE PERSONS A. GENERAL 9-1

291 ARTICLE ENFORCEMENT Section Enforcement Generally Subsection A. Notice of Violation The landowner, tenant, or other occupant of any land or structure, and an architect, engineer, builder, contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this Ordinance may be held responsible for the violation and is subject to the remedies and penalties set forth in this article. B. FAILURE BY TOWN DOES NOT RELIEVE INDIVIDUAL Failure of a Town official charged with enforcement responsibility to observe or recognize conditions which violate the intent and purpose of this Ordinance, or to deny the issuance of a development or land disturbance permit, shall not relieve the landowner from responsibility for the condition or damages resulting therefrom and shall not result in the Town, its officers, or agents being responsible for conditions or damages resulting therefrom. C. REMEDY UPON NOTICE Upon notice of a violation, the landowner and any other responsible person shall immediately remedy the violation ENFORCEMENT GENERALLY A. RESPONSIBILITIES 1. Building Inspector The Building Inspector is responsible for enforcing the provisions of this Ordinance pertaining to land disturbance, construction on private land, and the construction of public infrastructure. 2. Floodplain Administrator The Floodplain Administrator is responsible enforcing the provisions of this Ordinance pertaining to flood damage prevention, soil erosion and sedimentation control, and the inspection of stormwater management devices. 3. UDO Administrator The enforcement of the remaining provisions of this Ordinance are the responsibility of the UDO Administrator. B. COMPLAINTS Whenever the UDO Administrator receives a written, signed complaint alleging a violation of this Ordinance, they shall investigate the complaint and take action in accordance with the standards in this article. C. INVESTIGATIONS As appropriate, any of the staff members listed in Section A, Responsibilities, has the power to conduct such investigation as may be deemed necessary to carry out their duties as prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating any complaints or alleged violations of this Ordinance. D. INSPECTIONS 1. As appropriate, any of the staff members listed in Section A, Responsibilities, has the right upon presentation of proper credentials, or inspection warrant if necessary, to enter on any premises within the jurisdiction at any reasonable hour for the purposes of inspecting the sites of any complaints or alleged violations, or determination of compliance or other enforcement action of this Ordinance. 2. However, if any person charged with enforcing this Ordinance cannot obtain oral or written permission to enter from the landowner, tenant or other lawful occupant of the property, the Town shall first obtain an administrative search warrant prior to entering the property. E. SUPPORTING DOCUMENTATION 9-2

292 ARTICLE ENFORCEMENT Section Enforcement Procedure Subsection C. Failure to Comply With Order As appropriate, any of the staff members listed in Section A, Responsibilities, has the power to require written statements, certificates, certifications, or the filing of reports with the respect to pertinent questions relating to complaints or alleged violations of this Ordinance ENFORCEMENT PROCEDURE When the UDO Administrator, Building Inspector, or Floodplain Administrator, as appropriate, finds a violation of this Ordinance, it shall be their duty to notify the responsible persons of the violation. A. NOTICE OF VIOLATION If the landowner or occupant of the land, building, structure, sign, or use in violation fails to take prompt action, any of the staff members listed in Section A, Responsibilities, as appropriate, shall give the owner or occupant written notice (by certified or registered mail to their last known address, by personal service, or by posting notice conspicuously on the property) of the following: 1. Violation Exists That the land, building, structure, sign, or use is in violation of this Ordinance; 2. Nature of the Violation The nature of the violation and citation of the section(s) of this Ordinance violated; 3. Remedy The measures necessary to remedy the violation; 4. Allowable Time Period The time period in which the violation must be corrected; except that no time period need be given for grading without a permit or interference with official duties; 5. Penalties That May Be Assessed That penalties or remedies may be assessed; and 6. Appeal That the party cited has the right to appeal the notice in accordance with Section C, Appeal. B. EMERGENCY SITUATIONS In cases where 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 first filing a written notice of violation. C. FAILURE TO COMPLY WITH ORDER If the owner or occupant of a property fails to comply with a notice of violation from which no appeal has been taken, or a final decision by the BOA following an appeal, the landowner or occupant shall be subject to such remedies and penalties as may be provided for by State law or by Section , Remedies and Penalties RESERVED 9-3

293 ARTICLE ENFORCEMENT Section Remedies and Penalties Subsection C. Stop Work Orders REMEDIES AND PENALTIES The following are remedies and penalties available to address violations of this Ordinance. A. CIVIL PENALTIES 1. Notice a. Notification Required Civil penalties may not be assessed until the responsible person in violation has been notified in accordance with Section , Enforcement Procedure. b. Civil Penalty Imposed If after receiving a notice of violation under Section A, Notice of Violation, the person fails to take corrective action or file an appeal, a civil penalty may be imposed in accordance with this section. c. Notice of Penalty Assessment Notice of the civil penalty assessment shall be served in the same manner as a notice of violation. d. Assessment Contents The assessment notice shall state the nature of the violation, the civil penalty to be imposed upon the violator, and shall direct the violator to pay the civil penalty within 15 days of the date of the notice. e. Separate Notices Separate notices must be provided for the first, second, third, and fourth violations. After notice for the fourth violation, penalties may be assessed and accrue on a daily basis without any further notice to the property owner. f. Assessment Until Compliance Civil penalties may be assessed until compliance is achieved. 2. Continuing Violation For each day the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalty. 3. Demand for Payment If compliance is not achieved, then any of the staff members listed in Section A, Responsibilities, as appropriate, shall make written demand for payment of penalties that have accrued while the property has been in violation. The demand for payment shall be sent to the responsible person in violation and must include a description of the violation for which the civil penalties have been imposed. 4. Nonpayment If payment is not received or equitable settlement reached within 30 days after demand for payment is made, the matter shall be referred to legal counsel to institute a civil action for recovery of the civil penalty. Moreover, if the civil penalty is not paid within the time prescribed, any of the staff members listed in Section A, Responsibilities, as appropriate, may have a criminal summons or warrant issued against the violator. Upon conviction, the violator is subject to any criminal penalty the court may impose pursuant to Section 14-4 of the North Carolina General Statutes. 5. Fines a. Fine Amount, Generally Any person who violates any provision of this Ordinance, except for soil and erosion control violations, shall be subject to assessment of a civil penalty in the amount of $50.00 per violation per day. 6. Use of Fines from Soil Erosion and Sedimentation Control Civil penalties collected for soil erosion and sedimentation control violations must be used or disbursed as directed by Section 113A-64(a) of the North Carolina General Statutes. 9-4

294 ARTICLE ENFORCEMENT Section Remedies and Penalties Subsection J. Remedies Cumulative and Continuous B. CONDITIONAL PERMIT OR TEMPORARY CERTIFICATE As appropriate, any of the staff members listed in Section A, Responsibilities, shall condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security approved by appropriate governmental authority. C. STOP WORK ORDERS The Town may issue a stop work order for violations in accordance with Section 160A-421 of the North Carolina General Statutes. D. REVOCATION OF PERMITS The Town may revoke a permit issued in error or associated with a violation in accordance with Section 160A-422 of the North Carolina General Statutes. E. INJUNCTIVE RELIEF 1. Action by Town Council Whenever the Town Council has reasonable cause to believe that any person is violating or threatening to violate this Ordinance, or any rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provision of an approved development plan, or soil erosion and sedimentation control plan, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the Town, for injunctive relief to restrain, correct, abate, mandate, or enjoin the violation or threatened violation. 2. Superior Court The action shall be brought in the Superior Court of Carteret County. Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation or to prevent the threatened violation. 3. No Relief from Criminal Penalties The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this Ordinance. F. ORDER OF ABATEMENT 1. General In addition to an injunction, the Town may apply for and the court may enter an Order of Abatement as part of the judgment in the case. An Order of Abatement may direct any of the following actions: a. That buildings or other structures on the property be closed, demolished, or removed; b. That fixtures, furniture, or other moveable property be moved or removed entirely; c. That improvements, alterations, modifications, or repairs be made; or d. That any other action be taken as necessary to bring the property into compliance with this Ordinance. 2. Lien As appropriate, any of the staff members listed in Section A, Responsibilities, may execute the Order of Abatement and have a lien placed on the property in the nature of a mechanic s and material man s lien for the cost of executing the order. G. EQUITABLE REMEDY The Town may apply to a court of law for any appropriate equitable remedy to enforce the provisions of this Ordinance. The fact that other remedies are provided under general law or this Ordinance shall not be used by a violator as a defense to the Town s application for equitable relief. H. STATE AND COMMON LAW REMEDIES 9-5

295 ARTICLE ENFORCEMENT Section Remedies and Penalties Subsection J. Remedies Cumulative and Continuous In addition to other enforcement provisions contained in this section, the Town Council may exercise any and all enforcement powers granted to it by state law or common law. I. PREVIOUS ENFORCEMENT Nothing in this Ordinance shall prohibit the continuation of previous enforcement actions. J. REMEDIES CUMULATIVE AND CONTINUOUS 1. Cumulative Violations All such remedies provided herein shall be cumulative. To the extent that North Carolina law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. 2. Repeat Violations If a landowner or occupant repeats the same violation within a two-year period from the date of the initial violation, it shall be considered to be a continuation of the initial violation and shall be subject to additional penalties and remedies. 9-6

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297 ARTICLE DEFINITIONS & MEASUREMENT Rules of Language Construction 10-1 A. Meanings and Intent 10-1 B. Headings, Illustrations, and Text 10-1 C. Lists and Examples 10-1 D. Computation of Time 10-1 E. Time-Related Language 10-1 F. References to This Ordinance 10-1 G. References to Other Regulations/Publications 10-2 H. References to North Carolina General Statutes 10-2 I. Delegation of Authority 10-2 J. Joint Authority 10-2 K. Technical and Non-Technical Terms 10-2 L. Public Officials and Agencies 10-2 M. Mandatory and Discretionary Terms 10-2 N. Conjunctions 10-2 O. Tenses, Plurals, and Gender of Words 10-2 P. Oath 10-2 Q. Interpretation of Ordinance Text Rules of Measurement 10-4 A. Purpose 10-4 B. Measurement Generally 10-4 C. Lot Dimensions 10-5 D. Setbacks 10-7 E. Setback Encroachments 10-8 F. Gross Floor Area G. Floor Area Ratio H. Height I. Lot Coverage J. Slope and Elevation K. Parking Space Calculation L. Landscaping M. Signage N. Exterior Lighting O. Fence and Wall Height Table of Abbreviations Reserved Definitions 10-19

298 ARTICLE DEFINITIONS & MEASUREMENT RULES OF LANGUAGE CONSTRUCTION The following rules shall apply for construing or interpreting the terms and provisions of this Ordinance. A. MEANINGS AND INTENT 1. All provisions, terms, phrases, and expressions contained in this Ordinance shall be interpreted in accordance with the general purposes set forth in Section , General Purpose and Intent, and the specific purpose statements set forth throughout this Ordinance. 2. When a specific section of these regulations gives a different meaning than the general definition provided in Section , Definitions, the specific section s meaning and application of the term shall control. 3. Terms that are not defined are subject to their common or customary meaning. B. HEADINGS, ILLUSTRATIONS, AND TEXT In the event of a conflict or inconsistency between the text of this Ordinance and any heading, caption, figure, illustration, table, or map, the text shall control. Graphics and other illustrations are provided for informational purposes only and should not be relied upon as a complete and accurate description of all applicable regulations or requirements. C. LISTS AND EXAMPLES Unless otherwise specifically indicated, lists of items or examples that use terms like for example, including, and such as, or similar language are intended to provide examples and are not exhaustive lists of all possibilities. D. COMPUTATION OF TIME The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the Town, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the Town. E. TIME-RELATED LANGUAGE 1. Time Standard Whenever certain hours are named, they shall mean standard time or daylight saving time as may be in current use in Atlantic Beach. 2. Day The term day means a calendar day. 3. Holiday The term holiday means a legal holiday recognized by the Town, State, or federal government. 4. Month The term month means a calendar month. 5. Year The term year means a calendar year. 6. Temporary The term temporary shall mean a condition lasting for only a limited period of time; not permanent. F. REFERENCES TO THIS ORDINANCE A reference to an article, section, subsection, or paragraph means an article, section, subsection, or paragraph of this Ordinance, unless otherwise specified. 10-1

299 ARTICLE DEFINITIONS & MEASUREMENT Section Rules of Language Construction Subsection Q. Interpretation of Ordinance Text G. REFERENCES TO OTHER REGULATIONS/PUBLICATIONS Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated. H. REFERENCES TO NORTH CAROLINA GENERAL STATUTES Whenever any provision of this Ordinance refers to or cites a section of the North Carolina General Statutes and that section is later amended or superseded, this Ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section. I. DELEGATION OF AUTHORITY Whenever a provision of this Ordinance requires or authorizes an officer or employee of the Town to do some act or perform some duty, the officer or employee may designate, delegate, and authorize subordinates to perform the act or duty unless the terms of the provision specifically provide otherwise J. JOINT AUTHORITY All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. K. TECHNICAL AND NON-TECHNICAL TERMS Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. L. PUBLIC OFFICIALS AND AGENCIES All public officials, bodies, and agencies to which references are made are those of the Town of Atlantic Beach, unless otherwise indicated. M. MANDATORY AND DISCRETIONARY TERMS 1. The words shall, must, and will are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words may, can, and should are permissive in nature. 2. The words provision, standard, and requirement are used interchangeably and all have the same meaning. N. CONJUNCTIONS Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows: 1. And indicates that all connected items, conditions, provisions or events apply. 2. Or indicates that one or more of the connected items, conditions, provisions, or events apply. O. TENSES, PLURALS, AND GENDER OF WORDS 1. Tense Words used in the past or present tense include the future tense as well as the past and present. 2. Number Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. 3. Gender Words used in the masculine gender include the feminine gender and the neuter, and vice versa. P. OATH The term "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in like cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed." 10-2

300 ARTICLE DEFINITIONS & MEASUREMENT Section Rules of Language Construction Subsection Q. Interpretation of Ordinance Text Q. INTERPRETATION OF ORDINANCE TEXT 1. All provisions, terms, phrases, and expressions contained in this Ordinance shall be interpreted in accordance with the general purposes set forth in Section , General Purpose and Intent, and the specific purpose statements set forth throughout this Ordinance. When a specific section of these regulations provides a different meaning than the general definition provided in Section , Definitions, the specific section s meaning and application of the term shall control. 2. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. 3. If a term used in this Ordinance is not defined in this Article, the UDO Administrator shall have the authority to provide a definition based on the definitions used in accepted sources including, but not limited to, Webster s Dictionary, or a digital equivalent. 10-3

301 RULES OF MEASUREMENT ARTICLE DEFINITIONS & MEASUREMENT Section Rules of Measurement Subsection C. Lot Dimensions A. PURPOSE The purpose of this section is to clarify the rules of measurement and exemptions that apply to all development in this Ordinance. These standards may be further modified by other sections in this Ordinance, or in accordance with Section L, Interpretation. B. MEASUREMENT GENERALLY 1. Straight Lines Unless otherwise stated in this Ordinance, distances specified in this Ordinance are to be measured as the length of an imaginary straight line joining two points. 2. Rounding All calculations that result in part of a whole number shall be rounded up to the next highest whole number, unless otherwise provided in this section or elsewhere in this Ordinance. 3. Irregular Shapes In cases where an irregular shape complicates the application of these standards, the UDO Administrator shall determine the applicable dimensional, setback, or bulk standards. 4. Separation a. Lot to Lot When the provisions of this Ordinance require separation between two or more lots, or a lot and another feature, separation shall be measured by drawing straight lines from the nearest point of one lot line to the nearest point of the lot line subject to the separation requirement (see Figure B: Separation). b. Use Type to Use Type When the provisions of this Ordinance require one use type to be separated from another use type, separation shall be measured by drawing straight lines from the nearest point of the wall of the existing or proposed principal structure to the nearest point of the wall of the existing or proposed structure subject to the separation requirement. FIGURE B: SEPARATION 10-4

302 ARTICLE DEFINITIONS & MEASUREMENT Section Rules of Measurement Subsection C. Lot Dimensions C. LOT DIMENSIONS 1. Lot Lines A lot line is a line of record bounding a lot which separates one lot from another lot or separates that lot from a public or private street or any other public space (see Figure C.1: Lot Lines). The following terms describe differing types of lot lines: a. Front Lot Line The lot line connecting the two side lot lines along the edge of the street that provides a lot s street address or that opposes the primary entrance of a building. b. Rear Lot Line The lot line opposite and most distant from the front lot line. c. Side Lot Line The lot line connecting the front and rear lot lines regardless of whether it abuts a right-of-way or another lot line. FIGURE C.1: LOT LINES 2. Lot Types a. Corner Lot A lot which occupies the interior angle at the intersection of two street lines or a single street which make(s) an angle of more than 45 degrees and less than 135 degrees. The front of the lot is the lot line adjacent to the street from which the lot obtains its street address. b. Flag Lot A lot having shape and configuration so that it connects to street frontage by an extension and/or arm of the main portion of the lot. c. Interior Lot 10-5

303 ARTICLE DEFINITIONS & MEASUREMENT Section Rules of Measurement Subsection C. Lot Dimensions A lot other than a corner lot with only one frontage on a street. d. Lot of Record A lot which is part of a subdivision, a plat of which has been recorded in the Carteret County Register of Deeds prior to the adoption of this Ordinance, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this Ordinance. e. Through Lot (Double Frontage Lot) A lot which fronts upon two parallel streets, and/or which fronts upon two streets which do not intersect at the boundaries of the lot. FIGURE C.2: LOT TYPES 3. Lot Measurements a. Minimum Lot Area The minimum amount of required land area, measured horizontally, that must be included within the lines of a lot (see Figure C.3: Lot Measurement). Lands located within any private easements shall be included within the lot area. The following features shall not be included in calculating minimum lot area: i. Public street rights-of-way; ii. Private street common area; and iii. The pole or pan handle portion of a flag lot. b. Lot Width The mean width measured at right angles to its depth at the actual or proposed building setback line. c. Lot Depth The distance along the perpendicular bisector of the lot. d. Street Frontage 10-6

304 ARTICLE DEFINITIONS & MEASUREMENT Section Rules of Measurement Subsection D. Setbacks The length of the lot line of a single lot abutting a public or private street right-of-way. FIGURE C.3: LOT MEASUREMENT D. SETBACKS A setback is the horizontal distance from a lot line or street right-of-way line to the nearest part of the applicable building, structure, sign, or activity, measured perpendicularly to the line. 1. Street Setback a. Generally i. A setback measured from the right-of-way edge associated with a public or private street. ii. The street setback is a minimum setback, and nothing shall prohibit a building from being located farther from the street right-of-way. b. Within Residential Districts i. The minimum street setback shall be the same as the shortest distance from the right-of-way edge to the front of an existing principal structure on an adjacent lot located on the same block face (see Figure D.1: Street Setback). ii. In cases where the adjacent lot is vacant, the minimum street setback shall be derived based on the closest lot with an existing principal structure on the same block face. c. Within All Other Districts The minimum street setback shall be as specified in the dimensional standards table for the zoning district where located. 10-7

305 FIGURE D.1: STREET SETBACK ARTICLE DEFINITIONS & MEASUREMENT Section Rules of Measurement Subsection E. Setback Encroachments 2. Rear Setback A setback from an interior lot line lying on the opposite side of the lot from the front setback. 3. Side Setback Any interior property line setback other than a rear setback. E. SETBACK ENCROACHMENTS 1. Table E, Allowable Encroachment into Setbacks, sets out the kinds of features that are permitted to encroach within a required setback, provided they do not obstruct visibility for motorists at any street intersection (see Figure E: Setback Encroachments). TABLE E: ALLOWABLE ENCROACHMENTS INTO SETBACKS Bicycle parking facilities FEATURE Attached canopies and awnings Chimneys, fireplaces, or outdoor kitchens Elevators, liftavators, and other mechanical devices for elevating people and cargo ALLOWABLE ENCROACHMENT May encroach into any setback up to eight feet May encroach into any setback up to eight feet (but shall maintain a minimum height of at least nine feet above a sidewalk or other pedestrian access) May extend up to three feet into any setback, but in no case shall be closer than three feet to any lot line May encroach into side setbacks no more than 18 inches and rear setbacks no more than 36 inches 10-8

306 ARTICLE DEFINITIONS & MEASUREMENT Section Rules of Measurement Subsection E. Setback Encroachments Decks TABLE E: ALLOWABLE ENCROACHMENTS INTO SETBACKS FEATURE Fences or walls, ornamental entry columns, and gates Flagpoles, mailboxes, lamp and address posts Freestanding canopies associated with a nonresidential use Handicap ramps Open balconies or fire escapes Outdoor seating areas and outdoor porches attached to non-residential uses Platforms, supports, or similar structures used to elevate electrical, mechanical, or other equipment whether required or not Porch steps, uncovered Roof eaves and overhangs, or awnings Signs, projecting or freestanding Uncovered porches, stoops, decks, patios, terraces, walkways, or driveways Underground structures (including septic systems but not including swimming pools) where the grade is continuous Vegetation and landscaping features Window sills, bay windows, or entablatures ALLOWABLE ENCROACHMENT Decks shall be subject to the setbacks applied to principal structures May be located in any required setback, subject to the limitations in Section , Fences and Walls May be located in any required setback May be located in a setback provided no portion is closer than 15 feet to the street right-of-way May encroach into side setbacks no more than 18 inches and rear setbacks no more than 36 inches May extend up to three feet into any required setback, but in no case shall be closer than three feet to any lot line May encroach into the front setback up to eight feet May encroach into a front or side setback no more than 18 inches and rear setbacks no more than 36 inches May encroach into a front or rear setback no more than four steps or 18 inches, whichever is less May extend up to 18 inches into any required setback, but in no case shall be closer than three feet to any lot line May extend into or be located in any required setback in accordance with Section , Signage May extend into or be located in any required setback, if less than 12 inches above grade May be located in any required setback May be located in any required setback May extend up to 12 inches into any required setback 2. Setbacks into a right-of-way shall only be considered in accordance with the standards in Section O, Right-of-Way Encroachment. 10-9

307 ARTICLE DEFINITIONS & MEASUREMENT Section Rules of Measurement Subsection H. Height FIGURE E: SETBACK ENCROACHMENTS F. GROSS FLOOR AREA Gross floor area (GFA) shall be defined as the sum in square feet of all floors of the building measured from the exterior face of the exterior walls. The gross floor area shall include or exclude areas as indicated below: 1. Areas Included in Gross Floor Area a. All enclosed habitable space. b. Elevators, hallways, and stairwells on stories containing habitable space. c. On stories containing both enclosed habitable space and off-street parking, the pro-rata portion of the area of the elevators, hallways, and stairwells on that story apportioned to the enclosed habitable space function. 2. Areas Excluded from Gross Floor Area a. Unenclosed porches or decks. b. Off-street parking areas, including the elevators, hallways, mechanical equipment, and stairwells on stories containing off-street parking. c. Utility services areas devoted to the electric service, the potable water service, the wastewater system, the telephone service, the cable service, or to a backup generator. d. Mechanical areas and uninhabited enclosed spaces on tops of roofs not intended for general storage. e. On stories containing both enclosed habitable space and off-street parking, the pro-rata portion of the area of the elevators, hallways, and stairwells on that story apportioned to the off-street parking function. G. FLOOR AREA RATIO The ratio of a building's total floor area to the size of the lot upon which it is built. The terms can also refer to limits imposed on such a ratio. H. HEIGHT 1. Measurement a. Building height shall be measured from the existing grade elevation prior to any land disturbing activities. b. Within the CIR District, height shall be measured from the adjacent street level of the 10-10

308 ARTICLE DEFINITIONS & MEASUREMENT Section Rules of Measurement Subsection J. Slope and Elevation fronting street. In cases where the BFE is established at a height above street level, height may be measured from the BFE. 2. Maximum Height Building height is calculated from the existing grade elevation to the highest point of the roof. 3. Exceptions a. Residential Construction Spires, belfries, cupolas, domes, and chimneys, and similar features located above the roof level for decorative purposes and not intended for human occupancy or general storage may exceed maximum height requirements by no more than five feet (see Figure H: Height). b. Non-residential Construction Water tanks, ventilators, elevator housing, mechanical equipment or other structures placed above the roof level and not intended for human occupancy or general storage may exceed maximum height requirements by no more than 10 feet. c. CIR District Spires, belfries, cupolas, chimneys, water tanks, ventilators, elevator housing, mechanical equipment, or other structures placed above the roof level and not intended for human occupancy or general storage may exceed the maximum height requirements by up to 10 feet in the B and C Sub-Area Zones, and up to 20 feet in the A and A-1 Sub-Area Zones. 4. Story That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. 5. Exemptions Height limitations of this article shall not apply to government buildings, schools, hospitals, water towers, public utilities, or similar structures provided such structures meet the required NC State Building Code. FIGURE H: HEIGHT 10-11

309 ARTICLE DEFINITIONS & MEASUREMENT Section Rules of Measurement Subsection K. Parking Space Calculation I. LOT COVERAGE That portion of a lot occupied by buildings, structures and/or improvements, including paving and/or surface treatment materials that are impervious. Unless subject to an approved CAMA Major Permit, impervious surfaces located waterward of the CAMA Normal High Water line, but located within the lot boundaries, shall be counted towards lot coverage. J. SLOPE AND ELEVATION 1. Slope The degree of deviation of the ground surface from a flat, horizontal elevation, usually expressed in percent or degrees of deviation from horizontal. 2. Base Flood Elevation A determination of the water surface elevations of the base flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This elevation establishes the Regulatory Flood Protection Elevation. 3. Finished Grade The established grade following grading, excavation, or other land-disturbing activity. 4. Natural Grade The level of the ground elevation prior to the commencement of development or land disturbing activity (see Figure J: Grade Determination). FIGURE J: GRADE DETERMINATION K. PARKING SPACE CALCULATION 1. Rounding When computation of the number of required parking spaces results in a fraction, the fraction shall be rounded up to the next whole number. 2. Multiple and Mixed Uses 10-12

310 ARTICLE DEFINITIONS & MEASUREMENT Section Rules of Measurement Subsection L. Landscaping Unless otherwise approved, development containing more than one principal use shall provide off-street parking in an amount equal to the total requirements of all individual uses, unless the UDO Administrator determines that a lower standard would be adequate because of differences in peak operating hours. 3. Seat Based Standards Where the minimum number of off-street parking spaces is based on the number of seats, all computations shall be based on the design capacity of the areas used for seating. 4. Employee Based Standards When the minimum number of off-street parking spaces is based on the number of employees, the computations shall be based on the number of employees on the largest shift. 5. Floor-Area Based Standards Where the minimum number of off-street parking spaces is based on square feet of floor area, all computations shall be based on gross floor area. The square footage shall include outdoor use area. 6. Driveways Used to Satisfy Requirements Driveways may be used to satisfy minimum off-street parking standards for single-family detached, townhouse, and duplex dwellings, provided sufficient space is available to satisfy the standards of this Ordinance. L. LANDSCAPING 1. Determining Tree Size at Time of Planting a. Trees under Four Inches in Caliper Minimum size at time of planting shall be determined by taking a measurement of the girth or circumference of the tree trunk, in inches, at a height of six inches above the bole, or the location where tree trunk meets the soil it is planted in (see Figure L: Plant Size Determination). b. Trees over Four, but less than Twelve Inches, in Caliper Minimum size at time of planting shall be determined by taking a measurement of the girth or circumference of the tree trunk, in inches, at a height of 12 inches above the bole, or the location where tree trunk meets the soil it is planted in. FIGURE L: PLANT SIZE DETERMINATION 2. Determining Tree Size of Existing Trees a. Existing tree size shall be determined by taking a measurement of the girth or 10-13

311 ARTICLE DEFINITIONS & MEASUREMENT Section Rules of Measurement Subsection M. Signage circumference of the tree trunk, in inches, at a height of four-and-one-half feet above the bole, or the location where tree trunk meets the soil it is planted in. b. In the case of a multi-stemmed tree, the cumulative DBH shall be the square root of the sum of all the individual stem diameters squared. As an alternative, the tree s basal area is the sum of the diameters of all tree stems. 3. Setback Less than the Required Planting Area a. In cases where the required building setback is less than the required planting area width, the building setback shall control, reducing the required planting area width only alongside the building. b. The planting rate of the required planting area shall still apply. 4. Rounding When computation of the amount of landscaping material to be provided results in a fraction, the minimum number of shrubs or trees to be provided shall be rounded upwards to the next highest whole number. M. SIGNAGE 1. Sign Area Determination FIGURE M: SIGNAGE AREA a. The surface area of a sign is computed as including the entire area within a parallelogram, triangle, circle, semi-circle, or other regular geometric figure, including all of the elements of the display, but not including blank masking (a plain strip, bearing no advertising matter around the edge of a sign), frames, display of identification or licensing officially required by any governmental body, or structural elements outside the sign surface and bearing no advertising matter (see Figure M: Signage Area). b. In the case of signs mounted back-to-back, only one side of the sign is to be included in the area. Otherwise, the surface area of each sign is to be separately computed. c. In the case of cylindrical signs, signs in the shape of cubes, or other signs, which are substantially three-dimensional with respect to their display surfaces, the entire display surface or surfaces, is included in computations of area. d. In the case of embellishments (display portions of signs extending outside the general display area), surface area extending outside the general display area and bearing 10-14

312 ARTICLE DEFINITIONS & MEASUREMENT Section Rules of Measurement Subsection O. Fence and Wall Height advertising material is to be computed as part of the total surface area of the sign. e. If a sign is attached to an entrance wall or fence, only that portion of that wall or fence on which the sign face or letters are placed shall be calculated in the sign area. 2. Sign Height Determination The height of a sign shall be measured from the highest point of a sign to the established grade. N. EXTERIOR LIGHTING 1. Measured at the Lot Line Light level measurements shall be made at the lot line of the land upon which light to be measured is being generated. If measurement on private property is not possible or practical, light level measurements may be made at the boundary of the public street right-of-way that adjoins the land. 2. Measured at Finished Grade Measurements shall be made at finished grade (ground level), with the light-registering portion of the meter held parallel to the ground pointing up. The meter shall have cosine and color correction and have an accuracy tolerance of no greater than plus or minus five percent (see Figure N: Exterior Lighting Measurement). 3. Measurement Device Measurements shall be taken with a light meter that has been calibrated within two years. FIGURE N: EXTERIOR LIGHTING MEASUREMENT O. FENCE AND WALL HEIGHT 1. In cases where a fence or wall is located within a required setback or required yard, fence height shall be determined along the grade of the adjacent lot or street. 2. In cases where a fence or wall is located outside a required setback or yard, the height shall be determined based on the finished grade. 3. In cases where a fence or wall is placed on a berm, the maximum fence or wall height shall include the height of the berm, as measured from the toe of the slope