town of wrightsville beach unified development ordinance

Transcription

TOWN OF WRIGHTSVILLE BEACH
UNIFIED DEVELOPMENT ORDINANCE
Adopted by the Town of Wrightsville Beach
Board of Aldermen on November 8, 2012
Prepared By:
Wilmington, North Carolina
TABLE OF CONTENTS
ARTICLE 155.1
PURPOSE AND APPLICABILITY . . . . . . . . . . . . . . . . . . . . . . . 1-1
Section 155.1.1
Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
Section 155.1.2
Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
Section 155.1.3
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
Section 155.1.4
Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3
155.1.4.1
Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3
155.1.4.2
Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3
Section 155.1.5
Conflicts with Other Regulations . . . . . . . . . . . . . . . . . . . . . 1-4
Section 155.1.6
Deed Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4
Section 155.1.7
Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4
Section 155.1.8
Interpretation and Administration . . . . . . . . . . . . . . . . . . . . 1-4
Section 155.1.9
155.1.8.1
Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4
155.1.8.2
Responsibility . . . . . . . . . . . . . . . . . . . . . . . . 1-5
155.1.8.3
Delegation of Authority . . . . . . . . . . . . . . . . . . 1-5
155.1.8.4
Computation of Time . . . . . . . . . . . . . . . . . . . 1-5
Identification of Official Zoning Map . . . . . . . . . . . . . . . . . . . 1-5
Section 155.1.10 Zoning Map Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . 1-6
Section 155.1.11 Interpreting Permitting Uses . . . . . . . . . . . . . . . . . . . . . . . . 1-7
Section 155.1.12 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-8
155.1.12.1
Building Permit Required . . . . . . . . . . . . . . . . 1-8
155.1.12.2
Application for Building Permit . . . . . . . . . . . . . 1-8
155.1.12.3
Certificate of Zoning Compliance . . . . . . . . . . . 1-9
155.1.12.4
Application for Certificate of Zoning
Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9
155.1.12.5
Certificate of Occupancy Required . . . . . . . . . . 1-10
155.1.12.6
Complaints Regarding Violations . . . . . . . . . . . 1-11
155.1.12.7
Persons Liable . . . . . . . . . . . . . . . . . . . . . . . . 1-11
155.1.12.8
Procedures Upon Discovery of Violations . . . . . 1-11
155.1.12.9
Penalties and Remedies for Violations . . . . . . . 1-12
155.1.12.10 Permit Revocation . . . . . . . . . . . . . . . . . . . . . 1-12
155.1.12.11 Judicial Review . . . . . . . . . . . . . . . . . . . . . . . 1-13
Section 155.1.13 Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13
Adopted November 8, 2012
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TABLE OF CONTENTS
ARTICLE 155.2
GENERAL REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
Section 155.2.1
Applicability of General Regulations
. . . . . . . . . . . . . . . . . . 2-2
Section 155.2.2
Reduction of Lot and Yard Areas Prohibited . . . . . . . . . . . . . 2-2
Section 155.2.3
Public Access to Property . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2
Section 155.2.4
One Principal Building or Use . . . . . . . . . . . . . . . . . . . . . . . 2-2
Section 155.2.5
Projections into Public Streets and Street Right-of-Way . . . . . 2-2
Section 155.2.6
Site Visibility Triangle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3
Section 155.2.7
No Use or Sale of Land or Buildings Except in Conformity
with Ordinance Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 2-4
Section 155.2.8
Height Limitation Exceptions . . . . . . . . . . . . . . . . . . . . . . . . 2-4
Section 155.2.9
Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-4
Section 155.2.10 Open Space Requirements . . . . . . . . . . . . . . . . . . . . . . . . . 2-4
Section 155.2.11 Fire Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6
Section 155.2.12 Property Owners' Association . . . . . . . . . . . . . . . . . . . . . . . 2-6
Section 155.2.13 Temporary Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-7
Section 155.2.14 Permit to Construct Driveway Required . . . . . . . . . . . . . . . . 2-8
Section 155.2.15 Building Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-8
ARTICLE 155.3
ADMINISTRATIVE/LEGISLATIVE AUTHORITY . . . . . . . . . . . 3-1
PART I.
UDO ADMINISTRATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2
Section 155.3.1
PART II.
Powers and Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2
TECHNICAL REVIEW PROCEDURE . . . . . . . . . . . . . . . . . . . . . 3-3
Section 155.3.2
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3
Section 155.3.3
Procedures, Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3
PART III.
CONFLICTS OF INTEREST . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4
Section 155.3.4
PART IV.
BOARD OF ALDERMEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4
Section 155.3.5
PART V.
Conflicts of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4
PLANNING BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-5
Section 155.3.6
Creation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-5
Section 155.3.7
Composition; Filling Vacancies . . . . . . . . . . . . . . . . . . . . . . . 3-5
Section 155.3.8
Organization, Meetings, Records . . . . . . . . . . . . . . . . . . . . . 3-5
Section 155.3.9
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PART VI.
BOARD OF ADJUSTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-7
Section 155.3.10 Establishment of Board of Adjustment . . . . . . . . . . . . . . . . . 3-7
Section 155.3.11
Powers of the Board of Adjustment . . . . . . . . . . . . . . . . . . . 3-8
Section 155.3.12 Organization; Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-9
Section 155. 3.13 Quorum and Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-10
ARTICLE 155.4
LEGISLATIVE/QUASI-JUDICIAL PROCEDURES . . . . . . . . . . . 4-1
Section 155.4.1
Section 155.4.2
Section 155.4.3
Section 155.4.4
Amendment/Rezoning Procedures
. . . . . . . . . . . . . . . . . . . 4-3
155.4.1.1
Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-3
155.4.1.2
Action by Applicant . . . . . . . . . . . . . . . . . . . . 4-3
155.4.1.3
Action by the Planning Board . . . . . . . . . . . . . 4-3
155.4.1.4
Action by the Board of Aldermen . . . . . . . . . . . 4-4
155.4.1.5
Withdrawal of Application . . . . . . . . . . . . . . . . 4-7
Establishment of Vested Rights . . . . . . . . . . . . . . . . . . . . . . 4-8
155.4.2.1
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-8
155.4.2.2
Establishment of a Vested Right . . . . . . . . . . . 4-8
155.4.2.3
Approval Procedures . . . . . . . . . . . . . . . . . . . 4-9
155.4.2.4
Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-10
155.4.2.5
Termination . . . . . . . . . . . . . . . . . . . . . . . . . 4-10
155.4.2.6
Voluntary Annexation . . . . . . . . . . . . . . . . . . . 4-11
155.4.2.7
Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . 4-11
Moratorium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-11
155.4.3.1
Temporary Moratorium . . . . . . . . . . . . . . . . . . 4-11
155.4.3.2
Ordinance Establishing a Development
Moratorium . . . . . . . . . . . . . . . . . . . . . . . . . . 4-12
155.4.3.3
Renewal or Extension of Moratorium . . . . . . . . 4-12
155.4.3.4
Persons Aggrieved by Imposition of Moratorium 4-13
Appeals, Variances, and Interpretations . . . . . . . . . . . . . . . . 4-13
155.4.4.1
Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-13
155.4.4.2
Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-14
155.4.4.3
155.4.4.4
155.4.4.5
Interpretations . . . . . . . . . . . . . . . . . . . . . . . 4-15
Requests to Be Heard Expeditiously . . . . . . . . . 4-15
Hearing Required on Appeals, Variances, and
Interpretations . . . . . . . . . . . . . . . . . . . . . . . 4-15
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Section 155.4.5
155.4.4.6
Notice of Hearing . . . . . . . . . . . . . . . . . . . . . . 4-16
155.4.4.7
Burden of Proof in Appeals and Variances . . . . . 4-16
155.4.4.8
Board of Adjustment Action of Appeals and
Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-17
155.4.4.9
Evidence/Presentation of Evidence . . . . . . . . . . 4-17
155.4.4.10
Modification of Application at Hearing . . . . . . . 4-18
155.4.4.11
Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-18
155.4.4.12
Written Decision . . . . . . . . . . . . . . . . . . . . . . 4-19
Conditional Use Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-19
155.4.5.1
Purpose and Applicability . . . . . . . . . . . . . . . . 4-19
155.4.5.2
Application Process/Completeness . . . . . . . . . . 4-19
155.4.5.3
Technical Review Procedure/Planning Board
Review & Comment . . . . . . . . . . . . . . . . . . . . 4-20
155.4.5.4
Board of Aldermen Action . . . . . . . . . . . . . . . . 4-20
155.4.5.5
Effect of Approval . . . . . . . . . . . . . . . . . . . . . 4-22
155.4.5.6
Binding Effect . . . . . . . . . . . . . . . . . . . . . . . . 4-22
155.4.5.7
Certificate of Occupancy . . . . . . . . . . . . . . . . . 4-23
155.4.5.8
Change in Conditional Use Permit . . . . . . . . . . 4-23
155.4.5.9
Implementation of Conditional Use Permit . . . . 4-23
Section 155.4.5
Rehearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-23
Section 155.4.7
Appeals of Quasi-Judicial Decisions . . . . . . . . . . . . . . . . . . . 4-24
ARTICLE 155.5
DEVELOPMENT REVIEW PROCESS . . . . . . . . . . . . . . . . . . . . . 5-1
Section 155.5.1
Purpose and Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . 5-2
Section 155.5.2
Site Plan Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-2
Section 155.5.3
Section 155.5.4
155.5.2.1
Engineering Drawing Review and Approval
Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-2
155.5.2.2
Minor Site Plans . . . . . . . . . . . . . . . . . . . . . . . . 5-3
155.5.2.3
Major Site Plans . . . . . . . . . . . . . . . . . . . . . . . . 5-3
Site Plan Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4
155.5.3.1
Information to be Shown on Site Plan . . . . . . . . 5-4
155.5.3.2
Performance Standards . . . . . . . . . . . . . . . . . . 5-5
Administrative Approval . . . . . . . . . . . . . . . . . . . . . . . . . . 5-7
155.5.4.1
Administrative Approval Flowchart . . . . . . . . . . . 5-7
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Section 155.5.5
ARTICLE 155.6
155.5.4.2
Application for Review . . . . . . . . . . . . . . . . . . . 5-7
155.5.4.3
Planning Staff & Technical Review Procedure . . . 5-7
155.5.4.4
Permit Issued or Final Plat Approved . . . . . . . . . 5-7
155.5.4.5
Zoning Inspections & Certificates of Occupancy . . 5-8
Planning Board Review and Board of Aldermen Approval . . . . 5-8
155.5.5.1
Planning Board Review and Board of Aldermen
Approval Flowchart . . . . . . . . . . . . . . . . . . . . . 5-8
155.5.5.2
155.5.5.3
Planning Staff and Technical Review Procedure . . 5-9
155.5.5.4
Review and Recommendation by the Planning
Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-9
155.5.5.5
Consideration by the Board of Aldermen . . . . . . . 5-9
155.5.5.6
Permit Issued . . . . . . . . . . . . . . . . . . . . . . . . . 5-10
155.5.5.7
Zoning Inspections & Certificates of Occupancy . . 5-10
ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1
Section 155.6.1
Purpose Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-2
Section 155.6.2
Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-2
Section 155.6.3
Primary Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-3
Section 155.6.4
Table of Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-4
Section 155.6.5
Zoning District Development Standards . . . . . . . . . . . . . . . . 6-9
155.6.5.1
R-1 Residential District . . . . . . . . . . . . . . . . . . 6-9
155.6.5.2
R-2 Residential District . . . . . . . . . . . . . . . . . . 6-10
155.6.5.3
C-1 Commercial District I . . . . . . . . . . . . . . . . 6-11
155.6.5.4
C-2 Commercial District II . . . . . . . . . . . . . . . . 6-12
155.6.5.5
C-3 Commercial District III . . . . . . . . . . . . . . . 6-13
155.6.5.6
C-4 Commercial District IV . . . . . . . . . . . . . . . 6-14
155.6.5.7
C-5 Commercial District V . . . . . . . . . . . . . . . . 6-15
155.6.5.8
G-1 Public and Semipublic District . . . . . . . . . . 6-17
155.6.5.9
PC Private Club District . . . . . . . . . . . . . . . . . . 6-18
155.6.5.10
P-1 Conservation Zone . . . . . . . . . . . . . . . . . . 6-19
155.6.5.11
S-1 Shore Zone . . . . . . . . . . . . . . . . . . . . . . . 6-19
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ARTICLE 155.7
SUPPLEMENTAL REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . 7-1
Section 155.7.1
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2
Section 155.7.2
Accessory Buildings/Structures . . . . . . . . . . . . . . . . . . . . . . 7-2
Section 155.7.3
Activities Operated Exclusively for Pleasure, Recreation, Etc.
Section 155.7.4
Health Care Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2
Section 155.7.5
Assembly Halls, Gymnasiums, and Other Similar Structures . . 7-3
Section 155.7.6
Mixed Use Commercial-Residential . . . . . . . . . . . . . . . . . . . . 7-3
Section 155.7.7
Car Wash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8
Section 155.7.8
Child Care Centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8
Section 155.7.9
Detached Garages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9
7-2
Section 155.7.10 Fences and Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9
Section 155.7.11 Financial Institutions/Banks . . . . . . . . . . . . . . . . . . . . . . . . . 7-10
Section 155.7.12 Floating Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-10
Section 155.7.13 Home Occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-12
Section 155.7.14 Nursing Home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-13
Section 155.7.15 Ocean-Related Business Activities . . . . . . . . . . . . . . . . . . . . 7-14
Section 155.7.16 Private Club . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-15
Section 155.7.17 Floor Area Ratio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-15
Section 155.7.18 Telecommunication Facilities and Support Towers . . . . . . . . . 7-15
155.7.18.1
Purpose and Intent . . . . . . . . . . . . . . . . . . . . 7-15
155.7.18.2
Approvals Required for Telecommunications
Facilities and Support Structures . . . . . . . . . . . 7-16
155.7.18.3
Telecommunications Facilities and Support
Structures Permitted by CUP . . . . . . . . . . . . . . 7-17
155.7.18.4
General Standards and Design Requirements . . 7-18
155.7.18.5
Miscellaneous Provisions . . . . . . . . . . . . . . . . . 7-21
155.7.18.6
Structures in Existence on the Date of Adoption
of this Ordinance . . . . . . . . . . . . . . . . . . . . . . 7-22
Section 155.7.19 Temporary Storage Containers . . . . . . . . . . . . . . . . . . . . . . 7-23
Section 155.7.20 Coffee Shops, No Food Prepared On Site . . . . . . . . . . . . . . . 7-24
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ARTICLE 155.8
NONCONFORMING SITUATIONS . . . . . . . . . . . . . . . . . . . . 8-1
PART I.
GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2
Section 155.8.1
Minimum Single Lot Requirements . . . . . . . . . . . . . . . . . . . . 8-2
Section 155.8.2
Minimum Multi-Lot Requirements . . . . . . . . . . . . . . . . . . . . . 8-2
Section 155.8.3
Extension of Enlargement of Nonconforming Situations
Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2
Section 155.8.4
Elevation of Nonconforming Structures in Order to
Comply with Flood Ordinances . . . . . . . . . . . . . . . . . . . . . . 8-2
Section 155.8.5
Change in Nonconforming Situation . . . . . . . . . . . . . . . . . . . 8-3
Section 155.8.6
Discontinuance or Abandonment . . . . . . . . . . . . . . . . . . . . . 8-3
Section 155.8.7
Compliance with Flood Ordinance . . . . . . . . . . . . . . . . . . . . 8-3
PART II.
Section 155.8.8
PART III.
Section 155.8.9
PART IV.
NONCONFORMING STRUCTURES . . . . . . . . . . . . . . . . . . . 8-3
Repairs and Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . 8-3
SINGLE-FAMILY AND DUPLEX STRUCTURES . . . . . . . . . . . 8-4
Expansion or Enlargement . . . . . . . . . . . . . . . . . . . . . . . . . 8-4
MULTI-FAMILY STRUCTURES . . . . . . . . . . . . . . . . . . . . . . 8-5
Section 155.8.10 Expansion or Enlargement . . . . . . . . . . . . . . . . . . . . . . . . . 8-5
PART V.
OCEANFRONT FISHING PIERS . . . . . . . . . . . . . . . . . . . . . . 8-6
PART VI.
NONCONFORMING USES . . . . . . . . . . . . . . . . . . . . . . . . . . 8-8
Section 155.8.13 Relocation of Nonconforming Use . . . . . . . . . . . . . . . . . . . . 8-9
Section 155.8.14 Change in Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-9
PART VII.
DAMAGE OR DESTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . 8-9
Section 155.8.15 Reconstruction Damage Less Than 50% . . . . . . . . . . . . . . . . 8-9
Section 155.8.16 Reconstruction Damage More Than 50% . . . . . . . . . . . . . . . 8-10
Section 155.8.17 Increase in Extent of Nonconformity . . . . . . . . . . . . . . . . . . 8-10
Section 155.8.18 Time for Carrying Out Reconstruction . . . . . . . . . . . . . . . . . 8-10
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TABLE OF CONTENTS
ARTICLE 155.9
PERFORMANCE STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . 9-1
PART I.
OFF-STREET PARKING AND OFF-STREET LOADING
REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3
Section 155.9.1
Section 155.9.2
PART II.
Off-Street Parking Requirements . . . . . . . . . . . . . . . . . . . . . 9-3
155.9.1.1
Certification of Minimum Parking
Requirements . . . . . . . . . . . . . . . . . . . . . . . . 9-3
155.9.1.2
Combination of Required Parking Space . . . . . . 9-4
155.9.1.3
Bicycle Rack Requirements . . . . . . . . . . . . . . . 9-4
155.9.1.4
Parking Standards . . . . . . . . . . . . . . . . . . . . . 9-5
155.9.1.5
Off-Street Parking Requirements
Per Land Use . . . . . . . . . . . . . . . . . . . . . . . . . 9-7
155.9.1.6
Exception in Parking Requirements . . . . . . . . . 9-9
155.9.1.7
Off-Street Parking Access to Paved Street . . . . . 9-9
155.9.1.8
Parking Space Arrangements and Dimensions . . 9-10
Off-Street Loading for Commercial and Industrial Uses . . . . . 9-12
DRIVEWAY CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . 9-12
Section 155.9.3
Permit to Construct Driveway Required . . . . . . . . . . . . . . . . 9-12
Section 155.9.4
Conformity of Surrounding Areas of Abutting
Property Owners; Refusal to Make Improvements . . . . . . . . . 9-12
Section 155.9.5
Costs Assessed Against Property Abutting Sidewalk . . . . . . . . 9-13
Section 155.9.6
Specifications for Driveway Construction . . . . . . . . . . . . . . . 9-13
PART III.
OUTDOOR LIGHTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-16
Section 155.9.7
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-16
Section 155.9.8
Commercial Exterior Lighting . . . . . . . . . . . . . . . . . . . . . . . . 9-17
Section 155.9.9
Residential Exterior Lighting . . . . . . . . . . . . . . . . . . . . . . . . 9-20
Section 155.9.10 Private Piers and Docks Including Residential . . . . . . . . . . . . 9-21
Section 155.9.11 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-21
Section 155.9.12 Other Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-22
Section 155.9.13 Nonconformities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-22
Section 155.9.14 Maximum Illumination Standards . . . . . . . . . . . . . . . . . . . . . 9-23
PART IV.
LANDSCAPE, BUFFERING, AND SCREENING . . . . . . . . . . . . 9-23
Section 155.9.15 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-23
Section 155.9.16 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-24
Section 155.9.17 Landscaping Requirements . . . . . . . . . . . . . . . . . . . . . . . . . 9-26
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Section 155.9.18 Bufferyards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-27
Section 155.9.19 Additional Requirements for Buffers and for Yards
in Which Buffers are Required . . . . . . . . . . . . . . . . . . . . . . . 9-28
Section 155.9.20 Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-29
Section 155.9.21 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-29
Section 155.9.22 Landscape Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-29
Section 155.9.23 Tree Preservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-30
Section 155.9.24 Recommended Plant List . . . . . . . . . . . . . . . . . . . . . . . . . . 9-37
ARTICLE 155.10
SIGN REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1
Section 155.10.1
Prohibited Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-2
Section 155.10.2
Exempt Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-3
Section 155.10.3
Marquee Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-5
Section 155.10.4
Shore Zone Signs Permitted . . . . . . . . . . . . . . . . . . . . . . 10-5
Section 155.10.5
Signs Permitted in All Districts . . . . . . . . . . . . . . . . . . . . . 10-5
Section 155.10.6
Business and Name Signs . . . . . . . . . . . . . . . . . . . . . . . . 10-7
Section 155.10.7
Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-9
Section 155.10.8
Unsafe Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-9
Section 155.10.9
Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-9
Section 155.10.10
Removal of Unlawful Signs . . . . . . . . . . . . . . . . . . . . . . . 10-10
Section 155.10.11
Location Restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-10
Section 155.10.12
Structural Requirements . . . . . . . . . . . . . . . . . . . . . . . . . 10-10
Section 155.10.13
Construction of Freestanding Signs . . . . . . . . . . . . . . . . . 10-10
Section 155.10.14
Exterior Lights and Signs . . . . . . . . . . . . . . . . . . . . . . . . 10-11
Section 155.10.15
Nonconforming Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-11
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ARTICLE 155.11
PART I.
ENVIRONMENTAL REGULATIONS . . . . . . . . . . . . . . . . . .
11-1
FLOOD DAMAGE PREVENTION ORDINANCE . . . . . . . . . . . . 11-3
Section 155.11.1
Statutory Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-3
Section 155.11.2
Findings of Fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-3
Section 155.11.3
Statement of Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-3
Section 155.11.4
Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4
Section 155.11.5
Lands to Which this Section Applies . . . . . . . . . . . . . . . . . . 11-4
Section 155.11.6
Basis for Establishing the Special Flood Hazard Areas . . . . . 11-4
Section 155.11.7
Establishment of Floodplain Development Permit . . . . . . . . . 11-5
Section 155.11.8
Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-5
Section 155.11.9
Abrogation and Greater Restrictions . . . . . . . . . . . . . . . . . . 11-5
Section 155.11.10 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-5
Section 155.11.11 Warning and Disclaimer of Liability . . . . . . . . . . . . . . . . . . 11-5
Section 155.11.12 Designation of Floodplain Administrator . . . . . . . . . . . . . . . 11-6
Section 155.11.13 Floodplain Development Application/Permit/Certification
Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-6
Section 155.11.14 Duties and Responsibilities of the Floodplain Administrator . . 11-11
Section 155.11.15 Corrective Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-14
Section 155.11.16 Variance Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-15
Section 155.11.17 General Standards for Flood Hazard Reduction . . . . . . . . . . 11-17
Section 155.11.18 Specific Standards for Flood Hazard Reduction . . . . . . . . . . 11-19
Section 155.11.19 Standards for Floodplains without Established Base
Flood Elevation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-25
Section 155.11.20 Standards for Riverine Floodplains with BFE but without
Established Floodways or Non-Encroachment Areas . . . . . . . 11-26
Section 155.11.21 Floodways and Non-Encroachment Areas . . . . . . . . . . . . . . 11-27
Section 155.11.22 Coastal High Hazard Areas (Zones VE) . . . . . . . . . . . . . . . . 11-27
Section 155.11.23 Effect on Rights and Liabilities under the Existing Flood
Damage Prevention Ordinance . . . . . . . . . . . . . . . . . . . . . 11-29
Section 155.11.24 Effect Upon Outstanding Floodplain Development Permits . . 11-29
PART II.
SEDIMENTATION AND SOIL EROSION CONTROL . . . . . . . . 11-29
Section 155.11.25 General Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-29
PART III.
OCEANFRONT PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-30
Section 155.11.26 Oceanfront Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-30
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Section 155.11.27 Shoreline Development Boundary General Requirements . . . 11-30
Section 155.11.28 Procedures for Development East of the Shoreline
Development Boundary . . . . . . . . . . . . . . . . . . . . . . . . . . 11-31
Section 155.11.29 Access Structure Specifications . . . . . . . . . . . . . . . . . . . . . 11-33
Section 155.11.30 Removable Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-36
Section 155.11.31 Maintenance of Oceanfront Systems and Structures . . . . . . . 11-37
Section 155.11.32 Authority to Remove Structure . . . . . . . . . . . . . . . . . . . . . 11-38
Section 155.11.33 Damaging Dunes or Vegetation . . . . . . . . . . . . . . . . . . . . . 11-38
Section 155.11.34 Compliance, Non-Conformities, Exceptions, & Exemptions . . 11-39
Section 155.11.35 Enforcement Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 11-40
ARTICLE 155.12
PART I.
SUBDIVISION REGULATIONS . . . . . . . . . . . . . . . . . . . . .
12-1
SUBDIVISION PLATS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-2
Section 155.12.1
Plat Required for Land Subdivision . . . . . . . . . . . . . . . . . . . 12-2
Section 155.12.2
Approval of Subdivision Plats Required . . . . . . . . . . . . . . . . 12-2
Section 155.12.3
Plat Approval Required for Building Permit . . . . . . . . . . . . . 12-2
Section 155.12.4
Plat Approval Not to Constitute Acceptance of Dedication . . . 12-2
Section 155.12.5
Transfer of Lots in Unapproved Subdivision Plats . . . . . . . . . 12-2
Section 155.12.6
Plat Approval Required Before Extension of Service . . . . . . . 12-3
Section 155.12.7
Coordination of Street System . . . . . . . . . . . . . . . . . . . . . . 12-3
Section 155.12.8
Parcels of Land to Consist of Multiples of Normal Blocks . . . . 12-3
Section 155.12.9
Preliminary Plats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-4
Section 155.12.10 Contents of Preliminary Plats . . . . . . . . . . . . . . . . . . . . . . . 12-5
Section 155.12.11 Conformity of Plat to Requirements . . . . . . . . . . . . . . . . . . 12-6
Section 155.12.12 Approved Plats to be Kept on File . . . . . . . . . . . . . . . . . . . 12-7
Section 155.12.13 Service Facilities Required Prior to Final Approval . . . . . . . . 12-7
Section 155.12.14 Final Plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
Section 155.12.15 Contents of Final Plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
PART II.
SUBDIVISION REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . 12-13
Section 155.12.16 Minimum Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 12-13
Section 155.12.17 Street Plans, Rights-of-Way, and Blocks . . . . . . . . . . . . . . . 12-13
Section 155.12.18 Requirements for Streets . . . . . . . . . . . . . . . . . . . . . . . . . 12-14
Section 155.12.19 Lot Sizes and Side Lines . . . . . . . . . . . . . . . . . . . . . . . . . . 12-15
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TABLE OF CONTENTS
Section 155.12.20 Setback Lines, Unusable Lots, and Land Elevation . . . . . . . . 12-16
Section 155.12.21 Modification of Certain Requirements . . . . . . . . . . . . . . . . . 12-16
PART III.
GROUP HOUSING DEVELOPMENTS . . . . . . . . . . . . . . . . . . . 12-16
Section 155.12.22 Commonly Owned Areas . . . . . . . . . . . . . . . . . . . . . . . . . . 12-16
Section 155.12.23 Density . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-17
Section 155.12.24 Unit Ownership and Condominiums . . . . . . . . . . . . . . . . . . 12-17
Section 155.12.25 Site Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-17
Section 155.12.26 Public Access, Easements, and Private Party Walls . . . . . . . 12-17
Section 155.12.27 Utilities and Improvements Required . . . . . . . . . . . . . . . . . 12-18
APPENDICES
APPENDIX A. DEFINITIONS
APPENDIX B. INSTALLATION DETAIL
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ARTICLE 155.1
PURPOSE AND APPLICABILITY
ARTICLE 155.1
PURPOSE AND APPLICABILITY . . . . . . . . . . . . . . . . . . . . . . . . 1-1
Section 155.1.1
Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
Section 155.1.2
Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
Section 155.1.3
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
Section 155.1.4
Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3
155.1.4.1
Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3
155.1.4.2
Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3
Section 155.1.5
Conflicts with Other Regulations . . . . . . . . . . . . . . . . . . . . . . 1-4
Section 155.1.6
Deed Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4
Section 155.1.7
Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4
Section 155.1.8
Interpretation and Administration . . . . . . . . . . . . . . . . . . . . . 1-4
Section 155.1.9
155.1.8.1
Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4
155.1.8.2
Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . 1-5
155.1.8.3
Delegation of Authority . . . . . . . . . . . . . . . . . . 1-5
155.1.8.4
Computation of Time . . . . . . . . . . . . . . . . . . . . 1-5
Identification of Official Zoning Map . . . . . . . . . . . . . . . . . . . 1-5
Section 155.1.10 Zoning Map Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6
Section 155.1.11 Interpreting Permitting Uses . . . . . . . . . . . . . . . . . . . . . . . . . 1-7
Section 155.1.12 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-8
155.1.12.1
Building Permit Required . . . . . . . . . . . . . . . . . 1-8
155.1.12.2
Application for Building Permit . . . . . . . . . . . . . 1-8
155.1.12.3
Certificate of Zoning Compliance . . . . . . . . . . . . 1-9
155.1.12.4
Application for Certificate of Zoning
Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9
155.1.12.5
Certificate of Occupancy Required . . . . . . . . . . . 1-10
155.1.12.6
Complaints Regarding Violations . . . . . . . . . . . . 1-11
155.1.12.7
Persons Liable . . . . . . . . . . . . . . . . . . . . . . . . . 1-11
155.1.12.8
Procedures Upon Discovery of Violations . . . . . . 1-11
155.1.12.9
Penalties and Remedies for Violations . . . . . . . . 1-12
155.1.12.10 Permit Revocation . . . . . . . . . . . . . . . . . . . . . . 1-12
155.1.12.11 Judicial Review . . . . . . . . . . . . . . . . . . . . . . . . 1-13
Section 155.1.13 Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13
Page 1-1
Article 155.1
ARTICLE 155.1 PURPOSE AND APPLICABILITY
SECTION 155.1.1 TITLE
This Ordinance is officially titled as Unified Development Ordinance of Wrightsville Beach, North
Carolina, and shall be known as the Unified Development Ordinance (UDO). The official map
designating the various zoning districts shall be titled, Town of Wrightsville Beach Zoning Map, and
shall be known as the Zoning Map.
SECTION 155.1.2 AUTHORITY
Zoning provisions enacted herein are under the authority of North Carolina General Statutes (NCGS)
160A-381 to 160A-392, which extends to towns/cities the authority to enact regulations which
promote the health, safety, morals, or the general welfare of the community. It is further
authorized under NCGS 160A-382, which authorizes cities to regulate and restrict the erection,
construction, reconstruction, alteration, repair or use of buildings, structures, or land. This section
further authorizes the establishment of overlay districts in which additional regulations may be
imposed upon properties that lie within the boundary of the district. The statutes also require that
all such regulations shall be uniform for each class or type of building throughout each district, but
that the regulations in one district may differ from those in other districts.
Subdivision provisions enacted herein are under the authority of NCGS 160A-372 which provide for
the coordination of streets within proposed subdivisions with existing or planned streets and with
other public facilities, the dedication or reservation or recreation areas serving residents of the
immediate neighborhood within the subdivision, or alternatively, for the provision of funds to be
used to acquire recreation areas serving residents of more than one neighborhood in the immediate
area, and for the distribution of population and traffic in a manner that will avoid congestion and
overcrowding.
This UDO, which combines zoning and subdivision authority, is further enacted under Section 1 of
SL 2005-418, a revision to NCGS 160A-363.
SECTION 155.1.3 PURPOSE
This Unified Development Ordinance and Zoning Map are made in accordance with a
comprehensive plan and is designed to lessen congestion in the streets; to secure safety from fire,
panic, and other dangers; to promote health and the general welfare; to provide adequate light and
air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate
the adequate provision of transportation, water, sewerage, parks and other public requirements;
to control development of flood prone areas and regulate stormwater runoff/discharge; to regulate
signs; and to establish proceedings for the subdivision of land. The regulations have been made
with reasonable consideration, among other things, as to the character of the jurisdiction and its
Page 1-2
Article 155.1
peculiar suitability for particular uses, and with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the jurisdiction. Furthermore, the UDO
will aim to:
•
•
•
•
•
•
•
Continue utilization of the established mixed-use pattern of certain portions of the
community;
Acknowledge and protect a character that is unique to Wrightsville Beach;
Protect existing housing and lodging opportunities;
Protect the existing uses, densities, and intensities;
Provide new investment and reinvestment opportunities;
Ensure new development and redevelopment compliments and enhances community
character; and
Implement thoughtful controlled growth.
SECTION 155.1.4 APPLICABILITY
155.1.4.1 Jurisdiction
(A)
The regulations set forth in this Ordinance shall apply to all property within the town limits,
extraterritorial jurisdiction, and within the various zoning districts as designated on the
official zoning map, as established in Article 155.6, Zoning Districts.
(B)
Except as hereinafter provided, no building or structure shall be erected, moved, altered,
or extended, and no land, building, or structure or part thereof shall be occupied or used
unless in conformity with the regulations specified for the district in which it is located.
155.1.4.2 Exemptions
(A)
These regulations shall not apply to any land or structure for which, prior to the effective
date hereof, there is a properly approved site specific plan as required by the requirements
previously adopted or previously approved vested rights (Article 155.4, Section 155.4.2).
Any preliminary or final subdivision plat approvals required for such approved or exempted
site specific plans shall be conducted in accordance with the requirements of the previous
Zoning Ordinance or Subdivision Ordinance.
(B)
In accordance with NC General Statutes 160A-392, the Town of Wrightsville Beach UDO
applies to state-owned lands only when a building is involved.
Page 1-3
Article 155.1
SECTION 155.1.5 CONFLICTS WITH OTHER REGULATIONS
It is not intended by this Ordinance to interfere with, abrogate, or annul any easements, covenants,
or other agreements between parties. However, where this Ordinance imposes a greater restriction
upon the use of buildings or premises or upon the height of buildings, or requires larger open
spaces than are imposed or required by other ordinances, rules, regulations, or by easements,
covenants, or agreements, the provisions of this Ordinance shall govern.
SECTION 155.1.6 DEED RESTRICTIONS
The enforcement and interpretation of the UDO shall not be affected by deed restrictions,
covenants, or easements, other than those made as a condition of approval of a development
application under the UDO or any predecessor ordinance.
SECTION 155.1.7 SEVERABILITY
If any section or specific provision or standard of this Ordinance or any regulating district boundary
arising from it is found by a court to be invalid for any reason, the decision of the court shall not
affect the validity of any other section, provision, standard, or district boundary of these regulations
except the provision in question. The other portions of these regulations not affected by the
decision of the court shall remain in full force and effect.
SECTION 155.1.8 INTERPRETATION AND ADMINISTRATION
155.1.8.1 Generally
Regulations of this Ordinance shall be enforced and interpreted according to the following rules:
(A)
Permitted Uses. Uses not designated as permitted or conditional uses shall be prohibited.
(B)
Building Restrictions. Every building hereafter erected or structurally altered shall be
located on a lot.
(C)
Minimum Requirements. The provisions of this Ordinance shall be held to be the minimum
requirements for the promotion of the public safety, health, convenience, prosperity, or the
general welfare.
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Article 155.1
155.1.8.2 Responsibility
In the event that any question arises concerning the application of regulations, performance
standards, definitions, development criteria, or any other provision of the UDO, the UDO
Administrator shall be responsible for interpretation and shall look to the Ordinance for guidance.
Responsibility for interpretation by the UDO Administrator shall be limited to standards, regulations
and requirements of the UDO, but shall not be construed to include interpretation of any technical
codes adopted by reference in the UDO, and shall not be construed as overriding the responsibilities
given to any commission, board, or official names in other sections or articles of the UDO.
155.1.8.3 Delegation of Authority
Unless otherwise specified in the UDO, the identification of certain officials, including the Town
Manager, Planning & Parks Director, City Attorney, or any other Department Director or Town
Official to perform a task or carry out a specific responsibility, shall also include the designee of
such official. Unless otherwise specified in the UDO, the term “Director” shall mean the Planning
& Parks Director and the term “Department” shall mean the Planning Department.
155.1.8.4 Computation of Time
(A)
Unless otherwise specifically provided, the time within which an act is to be done shall be
computed by excluding the first and including the last day. If the last day is a Saturday,
Sunday, or legal holiday, that day shall be excluded. When the period of time prescribed
is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded.
(B)
Unless otherwise specifically provided, whenever a person has the right or is required to do
some act within a prescribed period after the service of a notice and the notice or paper is
served by mail (Certified Mail/Return Receipt Requested), three days shall be added to the
prescribed period.
SECTION 155.1.9 IDENTIFICATION OF OFFICIAL ZONING MAP
(A)
The Zoning Map shall be identified by the signature of the Mayor attested by the Town Clerk
and bearing the seal of the Town under the following words: “This is to certify that this is
the Official Zoning Map of the Unified Development Ordinance, Wrightsville Beach, North
Carolina,” together with the date of the adoption of this Ordinance.
(B)
If, in accordance with the provisions of this Ordinance, changes are made in district
boundaries or other items portrayed on the Zoning Map, such changes shall be entered on
the official zoning map promptly after the amendment has been approved by the Board of
Page 1-5
Article 155.1
Aldermen, with an entry on the official zoning map denoting the date of amendment,
description of amendment, and signed by the Town Clerk. No amendment to this Ordinance
which involves matter portrayed on the official zoning map shall become effective until after
such change and entry has been made on said map.
(C)
No changes of any nature shall be made in the official zoning map or matter shown thereon
except in conformity with the procedures set forth in this Ordinance and state law. Any
unauthorized change of whatever kind by any person shall be considered a violation of this
Ordinance and punishable as provided under Section 155.1.12.
(D)
Regardless of the existence of purported copies of the official zoning map which may from
time to time be made or published, the official zoning map, which shall be located in the
office of the Town Clerk, shall be the final authority as to the zoning status of land and
water areas, buildings, and other structures in the town.
(E)
In the event the official zoning map becomes damaged, destroyed, lost, or difficult to
interpret, the Board of Aldermen may by resolution adopt a new official zoning map which
shall supersede the prior zoning map. The new official zoning map may correct drafting
errors or other errors or omissions in the prior official zoning map, but no correction shall
have the effect of amending the original official zoning map, or any subsequent amendment
thereof. The new official zoning map shall be identified by the signature of the Mayor
attested by the Town Clerk, and bearing the seal of the town under the following words:
“This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning
Map adopted (date of adoption of map being replaced), as part of the Unified Development
Ordinance, Wrightsville Beach, North Carolina.”
(F)
Unless the prior official zoning map has been lost, or has been totally destroyed, the prior
map or any significant parts thereof remaining, shall be preserved together with all available
records pertaining to its adoption or amendment.
SECTION 155.1.10 ZONING MAP INTERPRETATION
Where uncertainty exists as to the boundaries of any district shown on the Official Zoning Map, the
UDO Administrator shall employ the following rules of interpretation.
(A)
Centerline. Where a boundary line lies within and follows a street or alley right-of-way or
utility easement, the boundary shall be construed to be in the center of such street or alley
right-of-way or utility easement. If the boundary between two separate zoning districts is
abandoned or removed from dedication, the district boundaries shall be construed as
following the centerline of the abandoned or vacated road bed or utility easement.
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Article 155.1
(B)
Edge Line. Where a boundary line follows the edge of a street or alley right-of-way, a
railroad right-of-way, or utility easement, the boundary shall be construed to be on the edge
of such street or alley right-of-way, railroad right-of-way, or utility easement. If such a
street or alley right-of-way, railroad right-of-way, or utility easement forming the boundary
between two separate zoning districts is abandoned or removed from dedication, the district
boundaries shall be construed as following the edge of the abandoned or vacated road bed
or utility easement.
(C)
Lot Line. Boundaries indicated as approximately following lot lines shall be construed as
following such lot lines. In the event that a district boundary line divides a lot or tract, each
part of the lot or tract so divided shall be used in conformity with the regulations established
by this Ordinance for the district in which said part is located.
(D)
Town Limits.
(E)
Watercourses. Boundaries indicated as approximately following the centerlines of streams,
Boundaries indicated as approximately following town limits shall be
construed as following the town limits.
estuarine shorelines, oceanfront shorelines, canals, lakes, or other bodies of water shall be
construed to follow such centerlines.
(F)
Extensions. Boundaries indicated as parallel to or extensions of street or alley rights-ofway, utility easements, lot lines, city limits, county lines, or extraterritorial boundaries shall
be so construed.
(G)
Scaling. In the case where a district boundary does not coincide with any boundary lines
as above and no distances are described by specific ordinance; the boundary shall be
determined by the use of the scale appearing on the map.
(H)
Where the UDO Administrator determines that physical features existing on the ground or
actual property lines or other man-made boundary lines used to depict zoning district
boundaries, are at variance with those shown on the Official Zoning Map, the Board of
Adjustment shall have the authority to interpret zoning district boundaries.
SECTION 155.1.11 INTERPRETING PERMITTED USES
(A)
If a use is not specifically listed in any of the districts listed in this Ordinance, then the UDO
Administrator shall have the authority to interpret in which district the use, if any, should
be permitted.
Page 1-7
Article 155.1
(B)
If the UDO Administrator rejects a proposal for a use that is not clearly disallowed in a
particular district, then the UDO Administrator shall:
(1)
Ensure that the citizen is provided with a copy of the interpretation in writing.
(2)
Inform the citizen of the right to appeal the decision to the Board of Adjustment.
SECTION 155.1.12 ENFORCEMENT
155.1.12.1 Building Permit Required
No building or other structure shall be erected, moved, added to, demolished, or structurally altered
without building and zoning permits therefor issued by the Planning and Inspections Department.
No building permit shall be issued by the Department except in conformity with the provisions of
this Ordinance and the NC State Building Code unless he or she receives a written order from the
Board of Aldermen in the form of a variance as provided by this Ordinance.
155.1.12.2 Application for Building Permit
(A)
All applications for building permits shall be accompanied by plans in duplicate drawn to
scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes
and locations on the lot of buildings already existing (if any), and the location and
dimensions of the proposed buildings or alteration. The application shall include other
information as lawfully may be required by the UDO Administrator, including existing or
proposed building or alteration; existing or proposed uses of the building and land; the
number of families, housekeeping units or rental units the building is designed to
accommodate; conditions existing on the lot; floodplain development permit; and any other
matters as may be necessary to determine conformance with, and provide for the
enforcement of this Ordinance.
(B)
One copy of the plans shall be returned to the applicant by the UDO Administrator, after he
shall have marked the copy either as approved or disapproved and attested to same by his
signature on the copy. One copy of the plans, similarly marked, shall be retained by the
UDO Administrator.
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Article 155.1
155.1.12.3 Certificate of Zoning Compliance
(A)
No land shall be used or occupied and no building hereafter structurally altered, erected,
or moved, shall be used, or its use changed until a certificate of zoning compliance shall
have been issued by the UDO Administrator stating that the building or the proposed use
thereof complies with the provisions of this Ordinance.
(B)
A certificate of zoning compliance, either for the whole or a part of a building, shall be
applied for coincident with the application for a building permit and shall be issued together
with the building permit.
(C)
A record of all preliminary and final certificates shall be kept on file in the office of the UDO
Administrator.
(D)
No preliminary certificate of zoning compliance shall be issued until the applicant has filed
a written statement with the UDO Administrator describing the intended use of the property.
155.1.12.4 Application for Certificate of Zoning Compliance
(A)
Each application for a preliminary certificate of zoning compliance shall be accompanied by
a plan in duplicate, drawn to scale, one copy of which shall be returned to the owner upon
approval. The plan shall show the following:
(1)
The shape and dimensions of the lot on which the proposed building or use is to be
erected or conducted.
(2)
The location of the lot with respect to adjacent rights-of-way.
(3)
The shape, dimensions, and location of all buildings, existing and proposed, on the
lot.
(4)
The nature of the proposed use of the building or land, including the extent and
location of the use on the lot.
(5)
The location and dimensions of off-street parking and the means of ingress and
egress to the space.
(6)
Any other information which the UDO Administrator may deem necessary for
consideration in enforcing the provisions of this Ordinance.
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Article 155.1
(B)
Upon completion of all final inspections of work for which a building permit was issued and
prior to the issuance of a certificate of compliance as required by NCGS 160A-423, the UDO
Administrator shall issue a final certificate of zoning compliance indicating that the
completed repairs or construction comply with the provisions of this Ordinance. All new
structures, substantially improved structures (as defined in Appendix A), all structures that
have been elevated and all structures which have been added to shall be required to
provide verification of building height and setbacks before a final certificate of zoning
compliance is issued. Such verification shall be in the form of a survey or other
documentation acceptable to the UDO Administrator and prepared by a registered land
surveyor. The height and elevation of the structure may be provided on the "Elevation
Certificate" under "Comments".
155.1.12.5 Certificate of Occupancy Required
A certificate of occupancy issued by the UDO Administrator is required in advance of
•
Occupancy or use of a building hereafter erected, altered, or moved.
•
Change of use of any building or land.
A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincident
with or subsequent to the application for a certificate of zoning compliance and shall be issued
within ten (10) business days after the erection or structural alteration of such building or part shall
have been completed in conformity with the provisions of this Ordinance. Additionally, a certificate
of occupancy shall be applied for and must be granted before any person occupies a building for
which a change in use is proposed. A certificate of occupancy shall not be issued unless the
proposed use of a building or land conforms to the applicable provisions of this Ordinance. If the
certificate of occupancy is denied, the UDO Administrator shall state in writing the reasons for
refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept
on file in the office of the UDO Administrator for a period of five (5) years and copies shall be
furnished on request to any persons having a proprietary or tenancy interest in the building or land
involved.
A temporary certificate of occupancy may be issued for a portion or portions of a building which
may safely be occupied prior to final completion and occupancy of the entire building or for other
temporary uses.
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Article 155.1
An as-built survey and elevation certificate for any project involving development, redevelopment,
expansion, or renovation which results in an expansion of the existing structure footprint must be
submitted to the UDO Administrator prior to the issuance of a certificate of occupancy. The as-built
survey must be prepared by a registered land surveyor licensed in the State of North Carolina.
155.1.12.6 Complaints Regarding Violations
Whenever the UDO Administrator receives a written, signed complaint alleging a violation of the
Ordinance, he/she shall investigate the complaint, take whatever action is warranted, and inform
the complainant in writing what actions will be taken.
155.1.12.7 Persons Liable
The owner, tenant, or occupant of any building or land or part thereof and any architect, builder,
contractor, agent, or other person who participates in, assists, directs, creates, or maintains any
situation that is contrary to the requirements of this Ordinance may jointly and/or independently
be held responsible for the violation and suffer the penalties and be subject to the remedies herein
provided.
155.1.12.8 Procedures Upon Discovery of Violations
(A)
If the UDO Administrator finds that any provision of this Ordinance is being violated, he/she
shall send a written notice to the person responsible for such violation, indicating the nature
of the violation and ordering the action necessary to correct it. Additional written notices
may be sent at the UDO Administrator’s discretion.
(B)
The final written notice (and the initial written notice may be the final notice) shall state
what action the UDO Administrator intends to take if the violation is not corrected and shall
advise that the UDO Administrator’s decision or order may be appealed to the Board of
Adjustment in accordance with subsection 155.4.4.1.
(C)
Notwithstanding the foregoing, in cases when delay would seriously threaten the effective
enforcement of the Ordinance or pose a danger to the public health, safety, or welfare, the
UDO Administrator may seek enforcement without prior written notice by invoking any of
the penalties or remedies authorized in subsection 155.1.12.9.
Page 1-11
Article 155.1
155.1.12.9 Penalties and Remedies for Violations
(A)
A violation of any provision of this ordinance is a misdemeanor or infraction as provided by
NCGS 14-4 and punishable upon conviction by a fine not exceeding $500.
(B)
A violation of any provision of this Ordinance shall subject the offender to a civil penalty in
the amount of $50, except as provided in Section 155.9.23, Tree Preservation, to be
recovered by the town in a civil action an the nature of dept if the offender does not pay
the penalty within ten (10) days after being cited for a violation of the ordinance.
(C)
The provisions of this Ordinance may be enforced by an appropriate equitable remedy
issuing from a court of competent jurisdiction.
( D)
Each day’s continuing violation of any provisions of this ordinance shall be a separate and
distinct offense.
(E)
The provisions of this ordinance may be enforced by any one, all, or a combination of the
remedies authorized and prescribed by NCGS 160A-175 and this section.
155.1.12.10 Permit Revocation
(A)
Any permit issued under this Ordinance may be revoked by the permit-issuing authority (in
accordance with the provisions of this subsection) if the permit recipient fails to (1) develop
or maintain the property in accordance with the plans submitted, the requirements of this
Ordinance, or any additional requirements lawfully imposed by the permit-issuing board, or
(2) the permit was issued based on erroneous information.
(B)
Before a conditional use permit may be revoked, all of the notice and hearing and other
requirements of Article 155.4 shall be complied with. The notice shall inform the permit
recipient of the alleged grounds for the revocation.
(C)
Before permits other than conditional use may be revoked, the UDO Administrator shall give
the permit recipient ten (10) days notice of intent to revoke the permit and shall inform the
recipient of the alleged reasons for the revocation and of his right to obtain an informal
hearing on the allegations. If the permit is revoked, the UDO Administrator shall provide
to the permittee a written statement of the decision and the reasons therefor. Appeals may
be made to the Board of Adjustment as provided for in subsection 155.4.4.1.
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Article 155.1
(D)
No person may continue to make use of land or building in the manner authorized by any
permit issued under this Ordinance after such permit has been revoked in accordance with
this Ordinance.
155.1.12.11 Judicial Review
(A)
Every decision of the Board of Aldermen granting or denying a conditional use permit and
every final decision of the Board of Adjustment shall be subject to review by the Superior
Court of New Hanover County by proceedings in the nature of certiorari.
(B)
The petition for the writ of certiorari must be filed with the New Hanover County Clerk of
Court within 30 days after the later of the following occurrences:
(C)
(1)
A written copy of the board’s decision has been filed in the office of the planning
department, and
(2)
A written copy of the board’s decision has been delivered by personal service or
certified mail, return receipt requested, to the applicant or appellant and every other
aggrieved party who has filed a written request for such copy at the hearing of the
case.
A copy of the writ of certiorari shall be served upon the Town of Wrightsville Beach.
SECTION 155.1.13 EFFECTIVE DATE
These regulations shall become effective on November 8, 2012. Upon such date, these regulations
shall supersede, repeal, and replace: Chapters 151, 153, 154, and 155 of the Town Code of
Ordinances.
Page 1-13
Article 155.1
ARTICLE 155.2
GENERAL REGULATIONS
ARTICLE 155.2
GENERAL REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
Section 155.2.1
Applicability of General Regulations
. . . . . . . . . . . . . . . . . . . 2-2
Section 155.2.2
Reduction of Lot and Yard Areas Prohibited . . . . . . . . . . . . . . 2-2
Section 155.2.3
Public Access to Property . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2
Section 155.2.4
One Principal Building or Use . . . . . . . . . . . . . . . . . . . . . . . . 2-2
Section 155.2.5
Projections into Public Streets and Street Right-of-Way . . . . . . 2-2
Section 155.2.6
Site Visibility Triangle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3
Section 155.2.7
No Use or Sale of Land or Buildings Except in Conformity
with Ordinance Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-4
Section 155.2.8
Height Limitation Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . 2-4
Section 155.2.9
Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-4
Section 155.2.10 Open Space Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 2-4
Section 155.2.11 Fire Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6
Section 155.2.12 Property Owners' Association . . . . . . . . . . . . . . . . . . . . . . . . 2-6
Section 155.2.13 Temporary Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-7
Section 155.2.14 Permit to Construct Driveway Required . . . . . . . . . . . . . . . . . 2-8
Section 155.2.15 Building Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-8
Page 2-1
Article 155.2
ARTICLE 155.2 GENERAL REGULATIONS
SECTION 155.2.1 APPLICABILITY OF GENERAL REGULATIONS
The following general regulations of this Article shall apply in all situations unless otherwise
indicated.
SECTION 155.2.2 REDUCTION OF LOT AND YARD AREAS PROHIBITED
No yard or lot existing at the time of passage of this Ordinance shall be reduced in size or area
below the minimum requirements set forth in this Ordinance. Yards or lots created after the
effective date of this Ordinance shall meet at least the minimum requirements established by this
Ordinance.
SECTION 155.2.3 PUBLIC ACCESS TO PROPERTY
Every building or structure hereafter erected shall be located on a lot and the lot shall abut a public
street or have access to an approved private street, or the lot shall abut a common area properly
restricted through deed restrictions and/or property owners’ association at least partly owned by
the owner of the building, structure, or portion thereof.
SECTION 155.2.4 ONE PRINCIPAL BUILDING OR USE
Only one principal building or use per lot shall be allowed unless otherwise is specifically approved
by this Ordinance.
SECTION 155.2.5 PROJECTIONS INTO PUBLIC STREETS AND STREET RIGHT-OF-WAY
(A)
No signs, canopies, wooden or metal marquees, or other similar structures shall project
beyond any street right-of-way line, except where accessory to and on the same premises
as used within the five business districts designated by this Ordinance. Billboards are
prohibited in all districts. Any of the above structures within the five designated business
districts must be positioned so that the farthest extended part of such structures shall be
at least 7-1/2 feet from the existing right-of-way line measured from the building side of the
right-of-way line. All signs, canopies, wooden or metal marquees, or other similar
structures shall be placed so that the lowest part is no closer to the sidewalk or ground than
eight feet. A flexible valance may extend one additional foot toward the sidewalk or ground
for a clear height of seven feet above the sidewalk. No sign, canopy, wooden or metal
marquee or similar structure shall be higher than 20 feet, nor allowed to project above any
roof line.
Page 2-2
Article 155.2
(B)
Canopies, awnings, and other similar type structures may be used only if:
(1)
The canopies and awning provide nothing other than identification and street
numbers.
(2)
They will not obstruct the view with support and enclosing walls.
(3)
They can be removed or secured during time of foul weather.
(4)
They conform to the structural and construction standards of the NC state building
code.
SECTION 155.2.6 SIGHT VISIBILITY TRIANGLE
The land adjoining a street intersection or egress to a street from off-street parking areas shall be
kept clear of obstructions to protect the visibility and safety of motorists and pedestrians.
(A)
Corner Lot Intersections. On a corner lot, nothing shall
be erected, placed, or allowed to grow in a manner so
as materially to impede vision between a height of three
feet and ten feet in a triangular area formed by a
diagonal line between two points on the right-of-way
lines, 20 feet from where they intersect. A clear view
shall be maintained on corner lots from 3 to 10 feet in
vertical distance.
(B)
Driveways.
At all points of egress from off-street
parking areas to a road, unobstructed visibility shall be
maintained at an elevation of between three (3) and ten
(10) feet of the centerline pavement level, within the
two areas formed by two right angle triangles, on the
sides of the driveway. Each triangle shall have a base
measuring five (5) feet along the edge of the driveway
and a height measuring 30 feet along the edge of the
road right-of-way.
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Article 155.2
SECTION 155.2.7 NO USE OR SALE OF LAND OR BUILDINGS EXCEPT IN
CONFORMITY WITH ORDINANCE PROVISIONS
(A)
Subject to Article 155.8 of this Ordinance (Nonconforming Situations), no person may use,
occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of
land or buildings under his control except in accordance with all of the applicable provisions
of this Ordinance.
(B)
For purposes of this section, the “use” or “occupancy” of a building or land relates to
anything and everything that is done to, on, or in that building or land.
SECTION 155.2.8 HEIGHT LIMITATION EXCEPTIONS
The height limitations of this Ordinance shall not apply to church spires, antennas, elevators, HVAC
equipment, and similar accessories to buildings.
SECTION 155.2.9 FEES
(A)
Reasonable fees sufficient to cover the costs of administration, inspection, publication of
notice and similar matters may be charged to applicants for zoning permits, sign permits,
conditional use permits, subdivision plat approval, site plan approval, zoning amendments,
variances, changes to Ordinance text and map, and other administrative actions. The
amount of the fees charged shall be as set forth in the town’s budget or as established by
resolution of the Board of Aldermen filed in the office of the Town Clerk.
(B)
Fees established in accordance with subsection 155.2.9(A) shall be paid upon submission
of a signed application or notice of appeal.
SECTION 155.2.10 OPEN SPACE REQUIREMENTS
(A)
No structure or portion of a structure of any kind shall be permitted in any part of a required
yard, either below, at, or above ground level, except as set forth in this section or elsewhere
in this Ordinance.
(B)
The following may encroach into the required yard so long as such use complies with all
other applicable provisions of this Ordinance:
(1)
Roofs and gutters may encroach two feet into the required yard.
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Article 155.2
(2)
Utility/service equipment stands, as defined herein, may encroach four feet into the
required rear and side-yard setback area. These stands shall be the minimum size
required to accommodate the equipment located thereon as determined by the UDO
Administrator or his or her designee. Utility/service equipment stands which
encroach into the required setback shall not be accessible by stairs unless required
by Occupational Safety and Health Administration (OSHA) regulations. Nonconforming utility stands erected prior to adoption of this Ordinance may be repaired
or replaced notwithstanding the maximum encroachment as outlined hereinabove,
provided that they comply with this Ordinance to the extent possible, and are the
minimum size required to accommodate the equipment located thereon as
determined by the UDO Administrator or his or her designee.
(3)
Fences may encroach into any required yard so long as they are in conformance
with the regulations set forth in Section 155.7.10.
(4)
Driveways may encroach within the street frontage yards, provided that they are in
conformance with Section 155.2.14.
(5)
Driveways, parking, and sidewalks may encroach into the required yards in the P-C,
C-2, C-3, C-4, and C-5 Districts in conformance with the applicable district
regulations found in Section 155.6.5.
(6)
Landscaping, including but not limited to flower beds, planters, tree, etc., may
encroach into any required yard. This shall not include gravel, pervious pavers, or
impervious pavers, the primary purpose of which is to provide parking. These
materials shall be considered as driveways and may encroach into the street
frontage yards so long as they are in conformance with Section 155.2.14.
(7)
Accessory buildings as permitted by subsection 155.6.5.1 (R-1 Residential District)
and subsection 155.6.5.2 (R-2 Residential District).
(8)
Walkways no more than 36 inches wide elevated no more than six inches above
grade composed of pervious materials, including but limited to wood and pervious
pavers, provided that they are erected for the sole purpose of providing access to
residences, piers, or permitted establishments located on the same property or
located adjacent to the same property.
(9)
Beach walkovers constructed in accordance with the Wrightsville Beach Unified
Development Ordinance, Article 155.11, Part III, Oceanfront Property.
Page 2-5
Article 155.2
(10)
Bulkheads as defined in this ordinance installed in accordance with Division of
Coastal Management Rules and Regulations.
(11)
Retaining walls measuring no greater than 30 inches above the lowest adjacent
grade erected for landscaping, stormwater retention or pedestrian safety.
SECTION 155.2.11 FIRE DISTRICTS
(A)
Fire districts are to comply with the provisions of Appendix D, Fire Districts, of the North
Carolina State Building Code: Building Code, 2009 Edition, and as thereafter amended, and
are established as follows:
(1)
Fire District No I. Those areas shown as C-1 and C-4 on the official zoning map of
the town, as adopted March 13, 2008.
(2)
Fire District No II. Those areas shown as C-2, C-3, C-5, and all private club zones
on the official zoning map of the town, as adopted March 13, 2008.
(B)
The limit boundaries of both Fire Districts Nos. I and II shall change with, and conform to
any official changes in the official zoning map with respect to the zones set forth in this
section.
(C)
After May 27, 1982, all buildings erected in the primary and secondary fire districts shall be
required to install an approved fire alarm system and an approved sprinkler system.
SECTION 155.2.12 PROPERTY OWNERS’ ASSOCIATION
(A)
No preliminary plat, site plan, or conditional use permit for which a property owners’
association will exist shall be approved until all required legal instruments have been
reviewed by the Town Attorney as to legal form and effect and approved by the Town.
(B)
If common open space is deeded to a property owners’ association, the owner or developer
shall file with the New Hanover County Register of Deeds and the Town of Wrightsville
Beach a declaration of covenants, conditions, and restrictions that will govern such
association. The provisions of such declaration of covenants, conditions, and restrictions
shall include, but not be limited to, the following:
(1)
The property owners’ association must be set up before any property is sold in the
development.
Page 2-6
Article 155.2
(C)
(2)
Membership must be mandatory and automatic when property is purchased in the
development.
(3)
The open space requirement must be permanent, not just for a period of years.
(4)
The association must be responsible for liability insurance, local taxes, and
maintenance of recreational and other common facilities including private streets.
(5)
Property owners must pay their pro rata share of the cost; the assessment levied
by the association can become a lien on the property.
(6)
The association must be able to adjust the assessment to meet changed needs.
(7)
Covenants for maintenance assessments shall run with the land.
(8)
Provision insuring that control of such association will gradually be vested in the
property owners’ association.
(9)
All lands so conveyed shall be subject to the right of the grantee or grantees to
enforce maintenance and improvement of the common facilities.
(10)
Stormwater management system maintenance schedule.
All POA documents submitted as part of a development or site plan approval must be
reviewed and approved by the Town of Wrightsville Beach Attorney prior to the issuance
of building permits for the project.
SECTION 155.2.13 TEMPORARY BUILDINGS
Temporary buildings, including mobile structures, incidental to a construction project may be
permitted to be used concurrent with the permit for permanent building(s) or construction. Such
temporary building shall be removed within fourteen (14) days following completion of construction.
No such building shall be used for dwelling purposes. Refer to Section 155.11.18(H) for additional
regulations regarding temporary structures in a floodplain.
Page 2-7
Article 155.2
SECTION 155.2.14 PERMIT TO CONSTRUCT DRIVEWAY REQUIRED
No person shall construct, reconstruct, or repair any driveway within the town without first
obtaining from the UDO Administrator a zoning permit to do so. Such person shall construct,
reconstruct, and repair such driveway under the supervision of the UDO Administrator, and in
accordance with Article 155.9, Part II of this ordinance.
SECTION 155.2.15 BUILDING DESIGN
(A)
In all zoning districts, roofing materials shall have non-reflective/non-glare finishes.
(B)
For buildings in non-residential zoning districts, exterior metal finishes shall not be allowed
on the front façade of the building.
Page 2-8
Article 155.2
ARTICLE 155.3
ADMINISTRATIVE/LEGISLATIVE AUTHORITY
ARTICLE 155.3
ADMINISTRATIVE/LEGISLATIVE AUTHORITY . . . . . . . . . . . . 3-1
PART I.
UDO ADMINISTRATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2
Section 155.3.1
PART II.
Powers and Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2
TECHNICAL REVIEW PROCEDURE . . . . . . . . . . . . . . . . . . . . . . 3-3
Section 155.3.2
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3
Section 155.3.3
Procedures, Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3
PART III.
CONFLICTS OF INTEREST . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4
Section 155.3.4
PART IV.
BOARD OF ALDERMEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4
Section 155.3.5
PART V.
Conflicts of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4
PLANNING BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-5
Section 155.3.6
Creation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-5
Section 155.3.7
Composition; Filling Vacancies . . . . . . . . . . . . . . . . . . . . . . . 3-5
Section 155.3.8
Organization, Meetings, Records . . . . . . . . . . . . . . . . . . . . . . 3-5
Section 155.3.9
PART VI.
BOARD OF ADJUSTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-7
Section 155.3.10 Establishment of Board of Adjustment . . . . . . . . . . . . . . . . . . 3-7
Section 155.3.11
Powers of the Board of Adjustment . . . . . . . . . . . . . . . . . . . 3-8
Section 155.3.12 Organization; Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-9
Section 155. 3.13 Quorum and Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-10
Page 3-1
Article 155.3
ARTICLE 155.3 ADMINISTRATIVE/LEGISLATIVE
PART I.
UDO ADMINISTRATOR
SECTION 155.3.1 POWERS AND DUTIES
(A)
The UDO Administrator, to be designated by the Town Manager, is hereby authorized and
it shall be his/her duty to enforce the provisions of this Ordinance. This official shall have
the right to enter upon the premises at any reasonable time necessary to carry out his/her
duties. It is the intention of this Ordinance that all questions arising in connection with
enforcement and interpretation shall be presented first to the UDO Administrator and/or
designated agent. Appeal from his/her decision may be made to the Board of Adjustment.
(B)
In administering the provisions of this Ordinance, the UDO Administrator and/or designated
agent shall:
(C)
(1)
Make and maintain records of all applications for permits, conditional uses, special
uses, and requests listed herein, and records of all permits issued or denied, with
notations of all special conditions or modifications involved.
(2)
File and safely keep copies of all plans submitted, and the same shall form a part
of the records of his/her office and shall be available for inspection at reasonable
times by any interested party.
(3)
Transmit to the Planning Board, Board of Aldermen, and/or the Board of Adjustment
all applications and plans for which their review and approval is required.
(4)
Conduct inspections of premises and, upon finding that any of the provisions of this
Ordinance are being violated, notify in writing the person responsible for such
violations, indicating the nature of the violation and ordering the action necessary
to correct it. The UDO Administrator shall order discontinuance of illegal use of
land, buildings or structures; removal of illegal buildings or of additions, alterations,
or structural changes thereto; discontinuance of any illegal work being done; or shall
take any other action authorized by this Ordinance to insure compliance with or to
prevent violation of its provisions.
In addition, the UDO Administrator shall have the following duties:
(1)
Prepare a report of the technical review procedure and recommendations for the
Planning Board, Board of Adjustment, or Board of Aldermen as may be required.
(2)
Provide administrative interpretations of the UDO.
Page 3-2
Article 155.3
(3)
Provide nonconformity determinations, including expansions of nonconforming uses
and structures.
(4)
Review and approve zoning compliance applications.
(5)
Review and approve applications for temporary uses, including special events.
(6)
Review and approve certificates of occupancy.
(7)
Conduct concept meetings with applicants for development approval as necessary
or appropriate.
(8)
Maintain the official zoning map and the public records of the Planning Department,
Planning Board, and Board of Adjustment.
(9)
Perform site inspections.
PART II.
TECHNICAL REVIEW PROCEDURE
The purpose of the Technical Review Procedure is to facilitate communication and coordination
between departments responsible for development review.
SECTION 155.3.3 PROCEDURES; COMPOSITION
(A)
The technical review procedure shall be used to review all applications for site-specific
development approval for all conditional use permits, preliminary and final plat approvals
and amendments, development site plans, development agreements, landscaping plans, and
any application for development approval if requested by the UDO Administrator. The
technical review procedure shall result in the provision of recommendations, as provided
herein, regarding the application under its review.
(B)
The technical review procedure may include, but not necessarily be limited to, the following
individuals/departments: UDO Administrator (Planning & Parks Department), Town
Manager, Fire Department, Police Department, Public Works Department.
(C)
The UDO Administrator may request the participation of professional experts or a
representative from county, regional or state agencies if the UDO Administrator determines
that such entities can provide expertise concerning the proposed development.
Page 3-3
Article 155.3
PART III.
CONFLICTS OF INTEREST
SECTION 155.3.4 CONFLICTS OF INTEREST
(A)
Members of the Planning Board and Board of Adjustment must act in the public interest and
not to advance their own financial interests. A member of a planning board or board of
adjustment may not vote on an UDO action where there is a potential financial conflict of
interest. If the outcome of the vote is “reasonably likely to have a direct, substantial, and
readily identifiable financial impact” on the member, the member must not vote on it. If
a Planning Board or Board of Adjustment makes special use, conditional use, variance,
appeal, or interpretation decisions, they must not participate in the discussion or voting if
they have a personal bias, a predetermined opinion on the matter, a close family or
business tie to a party, or a financial interest in the outcome. When a member is
disqualified for a conflict of interest, that member must not participate in the hearing in any
way, neither asking questions, nor debating, nor voting on the case. If an objection is
raised to a member’s participation and that member does not recuse himself or herself, the
remaining members shall by majority vote rule on the objection.
(B)
The Board of Aldermen shall act in all matters in compliance with the Town of Wrightsville
Beach Code of Ethics for the Mayor and Board of Aldermen adopted August 26, 2010.
PART IV.
BOARD OF ALDERMEN
(A)
The Wrighstville Beach Board of Aldermen has those powers and duties as provided herein
and by Article 5 of Chapter 160A of the North Carolina General Statutes.
(B)
In considering proposed changes in the text of this Ordinance or in the zoning map, the
Board of Aldermen acts in its legislative capacity and must proceed in accordance with the
requirements of Article 155.4.
(C)
Unless otherwise specifically provided in this Ordinance, in considering amendments to this
Ordinance or the zoning map, the Board of Aldermen shall follow the regular voting and
other requirements as set forth in other provisions of the Town code.
(D)
To adopt temporary moratoria on any Town development approval required by law (refer
to Section 155.4.3).
Page 3-4
Article 155.3
PART V.
PLANNING BOARD
SECTION 155.3.6 CREATION
The Wrightsville Beach Board of Aldermen hereby authorizes, reaffirms, and establishes the
Planning Board under the authority granted by the General Statutes of the State of North Carolina,
Chapter 160A-361. The Wrightsville Beach Planning Board shall constitute, function, and may be
referred to as the Planning Board.
SECTION 155.3.7 COMPOSITION; FILLING VACANCIES
The Planning Board shall consist of seven members, all of whom shall be residents of the Town and
appointed by the Board of Aldermen. All members shall be appointed for two-year terms or until
a successor is appointed. Members’ terms shall run from February 1 through January 31. No
member of the Planning Board shall serve more than three consecutive terms. Vacancies occurring
for reasons other than expiration of terms shall be filled as they occur by the Board of Aldermen
for the period of the unexpired term.
SECTION 155.3.8 ORGANIZATION, MEETINGS, RECORDS
(A)
There shall be a Chairman and Vice Chairman elected annually by the Board members at
the regular meeting in February. The Board shall adopt Rules of Procedure which shall be
effective following approval by the Board of Aldermen. The Board shall keep minutes of
meetings, records of the members’ attendance and resolutions, discussions, findings and
recommendations, all of which minutes and such records shall be furnished to the Board of
Aldermen. The records shall be considered public records. The Board shall hold at least
one meeting each month and all meetings shall be open to the public and subject to the
provisions of NCGS 143A, Article 33C regarding open meetings.
(B)
The Board of Aldermen shall have the authority to remove any member who misses three
consecutive regular meetings or more than four total meetings during his or her
membership on the Planning Board. It shall be the responsibility of the Chairman of the
Planning Board to advise the Board of Aldermen of any member who misses three
consecutive regular meetings or more than a total of four meetings. In the event the Board
of Aldermen removes a member because of his or her failure to comply with the attendance
requirements set forth herein, the Board of Aldermen shall notify the Chairman of the
Planning Board, in writing, that the member has been removed. Each member shall notify
the Chairman or the Planning staff at least 48 hours before a regular meeting when an
absence is anticipated.
Page 3-5
Article 155.3
The Planning Board shall have the following powers and duties:
(A)
Studies.
(B)
Comprehensive Plan. To formulate and maintain a comprehensive plan of the Town and
To make careful studies of present conditions and the probable future
development of the town and its environs. Such studies may include but are not limited to
land use surveys; population studies; economic base studies; schools, parks, and recreation
studies; traffic studies; and urban renewal studies.
its environs for the purpose of achieving a coordinated, adjusted, and harmonious
development of the municipality which would promote, in accordance with present and
future needs, the safety, morals, order, convenience, prosperity, and general welfare of its
citizens; efficiency and economy in the process of development; convenience of traffic;
safety from fire and other dangers; adequate light and air; healthful and convenience
distribution of population; provision of adequate open spaces; good civic design and
arrangement; wise and efficient expenditures of public funds; adequate provision for public
utilities; and other matters pertaining to public requirements. The comprehensive plan shall
consist of a number of parts which may include but not be limited to the following: a land
use plan, a major thoroughfare plan, a utilities plan, a plan for economic development, a
recreation plan, a school plan, and a community facilities plan.
(C)
Zoning Ordinances.
(D)
Subdivision Regulations. To suggest revisions from time to time to the existing subdivision
To suggest revisions from time to time to the existing zoning
ordinances and to make other recommendations as the Planning Board deems appropriate
from time to time to the Board of Aldermen regarding zoning ordinances.
regulations and to make other recommendations as the Planning Board deems appropriate
from time to time to the Board of Aldermen regarding subdivision ordinances.
(E)
Powers of Review. To review and make recommendations to the Board of Aldermen upon
the extent, location, and design of all public structures and facilities; on the acquisition and
disposal of public properties; on the opening, abandonment, widening, extension,
narrowing, or other change to streets and other public ways; and on the construction,
extension, expansion, or abandonment of utilities, whether publicly or privately owned.
However, in the absence of a recommendation from the Planning Board after the expiration
of 30 days from the date on which the question has been submitted in writing to the Board,
the Board of Aldermen may if it deems wise, take final action.
Page 3-6
Article 155.3
(F)
Annual Report. To submit, in April of each year, to the Board of Aldermen, a report of its
activities, for the preceding year.
(G)
Prior Approval by the Board of Aldermen. In exercising the powers and duties set forth
herein, the Planning Board is authorized to appoint committees made up in whole or in part
of citizens of the Town who are not members of the Planning Board. Provided, however,
that the creation of the committees and the appointments thereto shall be subject to the
prior approval of the Board of Aldermen.
(H)
Staff Support. The Town Manager shall be responsible for appointing staff personnel to
support the activities of the Planning Board. The Town Manager shall designate those staff
members so appointed in writing and shall provide a copy of the designation to the Planning
Board Chairman. The Planning Board shall not utilize the services of any staff personnel
other than those so designated without the prior approval of the Town Manager.
PART VI.
BOARD OF ADJUSTMENT
SECTION 155.3.10 ESTABLISHMENT OF BOARD OF ADJUSTMENT
(A)
The Board of Adjustment of the Town, herein called “Board,” is hereby established to fulfill
the duties and powers described to it by this Ordinance, other applicable provisions of the
Town Code, and by NCGS 160A, Article 19.
(B)
The Board shall consist of five regular members and three alternate members. All members
shall be residents of the Town and shall be appointed by the Board of Aldermen. Members
of the Board of Aldermen may be appointed as members of the Board. The alternate
members shall assume all rights, privileges, and duties of the regular Board members when
serving in the absence of regular Board members.
(C)
The term of office of members of the Board shall be for three years or until a successor is
appointed. In the beginning, two regular members shall be appointed for three years, two
regular members shall be appointed for two years, and one regular member shall be
appointed for one year. As the terms of office expire, all subsequent members shall be
appointed for terms of three years, or until a successor is appointed. The term of office of
a member of the Board of Adjustment shall not be reduced except in accordance with
applicable North Carolina law.
(D)
The Board shall adopt rules of procedure for the conduct of its affairs and in keeping with
the provisions of this Ordinance. Such rules of procedure shall not be effective until
approved by the Board of Aldermen. All meetings held by the Board shall be held in
Page 3-7
Article 155.3
accordance with NCGS 143A, Article 33B or as may be amended. The Board shall keep
minutes of its proceedings suitable for review in court showing:
(1)
The factual evidence presented to the Board by all parties concerned;
(2)
The findings of fact and the reasons for the determinations by the Board; and
(3)
The vote of each member, or if absent or failing to vote, indicating such fact, all of
which shall be public record and be filed with the office of the Town Clerk.
SECTION 155.3.11 POWERS OF THE BOARD OF ADJUSTMENT
(A)
The Board of Adjustment shall hear and decide appeals from and review any order,
requirement, decision, or determination made by a public official or employee charged with
the enforcement of this Ordinance.
(B)
When practical difficulties or unnecessary hardships would result from carrying out the strict
letter of this Ordinance, the Board of Adjustment shall have the power, in passing upon
appeals, to vary provisions of this Ordinance relating to the use, construction, or alteration
of buildings or structures or the use of land, so that the spirit of this Ordinance shall be
observed, public safety and welfare secured, and substantial justice done. Provided that
no change in permitted uses may be authorized by variance.
(C)
In granting any variance permitted herein, the Board of Adjustment may prescribe
appropriate conditions and safeguards in conformity with this Ordinance. A variance from
the requirements of this Ordinance as permitted herein shall not be granted by the Board
of Adjustment unless the Board shall make findings of fact that the following requirements
have been met by the applicant and that the variance is the minimum variance that will
make possible the reasonable use of the land, building, or structure:
(1)
That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable under the then existing
code to other lands, structures, or buildings in the same district;
(2)
That such special conditions and circumstances do not result from the actions of the
applicant;
(3)
That a literal interpretation of the provisions of this Ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same district under
the then existing code;
Page 3-8
Article 155.3
(4)
That granting of the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, structures, or buildings in
the same district under the then existing zoning code.
(D)
In denying a variance, the Board of Adjustment shall make findings of fact that one or more
of the requirements specified hereinabove do not exist.
(E)
Findings of fact made by the Board of Adjustment under this section shall be based upon
only the evidence presented at the hearing at which the variance is considered.
(F)
In exercising the above-mentioned powers, the Board may reverse or affirm, wholly or
partly, or may modify the order, requirement, decision, or determination appealed from and
may make such order, requirement, decision, or determination that in its opinion ought to
be made, and to that end shall have the power of the official from whom the appeal is
taken.
SECTION 155.3.12 ORGANIZATION; MEETINGS
(A)
The Board shall elect one member to serve as Chair and preside over its meetings and shall
elect one member to serve as Vice-Chair to fulfill the responsibilities of the Chair when the
Chair cannot. The Board shall appoint a clerk, who may be a Town officer or employee, a
member of the Board, or such other person who is qualified to fulfill the requirements of the
position. The Board may create and fill such offices and committees as it may deem
necessary. The term of the Chair and other offices shall be one year with eligibility for reelection. The Chair, or any member temporarily acting as Chair, is authorized to administer
oaths to any witnesses in any matter coming before the Board.
(B)
The Board shall establish a regular meeting schedule and shall meet frequently enough so
that it may take action as expeditiously as reasonably possible. All meetings of the Board
shall be open to the public, and reasonable notice of the time and place thereof shall be
given to the public in accordance with the North Carolina General Statutes. The Board shall
keep a record of its meetings, including attendance of its members, the vote of each
member on every question, a complete summary of the evidence submitted to it,
documents submitted to it, and all official actions.
(C)
Any member of the Board who misses more than three consecutive regular meetings or
more than half the regular meetings in a calendar year shall lose his or her status as a
member of the Board and shall be replaced or reappointed by the Board of Aldermen.
Absence due to sickness, death, or other emergencies of like nature shall be recognized as
excused absences, and shall not affect the member’s status on the Board, except that in the
event of a long illness or other such cause for prolonged absence, the member shall be
replaced.
Page 3-9
Article 155.3
SECTION 155.3.13 QUORUM AND VOTING
The concurring vote of four-fifths of the members of the Board shall be necessary to reverse any
order, requirement, decision, or determination of the administrative official charged with the
enforcement of an ordinance adopted pursuant to the provisions of this Ordinance, or to decide in
favor of the applicant any matter upon which it is required to pass under any ordinance, or to grant
a variance from the provisions of this Ordinance. For the purposes of this section, vacant positions
on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be
considered “members of the Board” for calculation of the requisite supermajority if there are no
qualified alternates available to take the place of such members.
Page 3-10
Article 155.3
ARTICLE 155.4
LEGISLATIVE/QUASI-JUDICIAL PROCEDURES
ARTICLE 155.4
LEGISLATIVE/QUASI-JUDICIAL PROCEDURES . . . . . . . . . . . 4-1
Section 155.4.1
Section 155.4.2
Section 155.4.3
Section 155.4.4
Amendment/Rezoning Procedures
. . . . . . . . . . . . . . . . . . . . 4-3
155.4.1.1
Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-3
155.4.1.2
Action by Applicant . . . . . . . . . . . . . . . . . . . . . 4-3
155.4.1.3
Action by the Planning Board . . . . . . . . . . . . . . 4-3
155.4.1.4
Action by the Board of Aldermen . . . . . . . . . . . . 4-4
155.4.1.5
Withdrawal of Application . . . . . . . . . . . . . . . . . 4-7
Establishment of Vested Rights . . . . . . . . . . . . . . . . . . . . . . . 4-8
155.4.2.1
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-8
155.4.2.2
Establishment of a Vested Right . . . . . . . . . . . . 4-8
155.4.2.3
Approval Procedures . . . . . . . . . . . . . . . . . . . . 4-9
155.4.2.4
Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-10
155.4.2.5
Termination . . . . . . . . . . . . . . . . . . . . . . . . . . 4-10
155.4.2.6
Voluntary Annexation . . . . . . . . . . . . . . . . . . . . 4-11
155.4.2.7
Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-11
Moratorium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-11
155.4.3.1
Temporary Moratorium . . . . . . . . . . . . . . . . . . . 4-11
155.4.3.2
Ordinance Establishing a Development
Moratorium . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-12
155.4.3.3
Renewal or Extension of Moratorium . . . . . . . . . 4-12
155.4.3.4
Persons Aggrieved by Imposition of Moratorium
4-13
Appeals, Variances, and Interpretations . . . . . . . . . . . . . . . . . 4-13
155.4.4.1
Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-13
155.4.4.2
Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-14
155.4.4.3
155.4.4.4
155.4.4.5
Interpretations . . . . . . . . . . . . . . . . . . . . . . . . 4-15
Requests to Be Heard Expeditiously . . . . . . . . . . 4-15
Hearing Required on Appeals, Variances, and
Interpretations . . . . . . . . . . . . . . . . . . . . . . . . 4-15
155.4.4.6
Notice of Hearing . . . . . . . . . . . . . . . . . . . . . . . 4-16
155.4.4.7
Burden of Proof in Appeals and Variances . . . . . 4-16
155.4.4.8
Board of Adjustment Action of Appeals and
Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-17
155.4.4.9
Evidence/Presentation of Evidence . . . . . . . . . . 4-17
Page 4-1
Article 155.4
ARTICLE 155.4
LEGISLATIVE/QUASI-JUDICIAL PROCEDURES
Section 155.4.5
155.4.4.10
Modification of Application at Hearing . . . . . . . . 4-18
155.4.4.11
Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-18
155.4.4.12
Written Decision . . . . . . . . . . . . . . . . . . . . . . . 4-19
Conditional Use Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-19
155.4.5.1
Purpose and Applicability . . . . . . . . . . . . . . . . . 4-19
155.4.5.2
Application Process/Completeness . . . . . . . . . . . 4-19
155.4.5.3
Technical Review Procedure/Planning Board
Review & Comment . . . . . . . . . . . . . . . . . . . . . 4-20
155.4.5.4
Board of Aldermen Action . . . . . . . . . . . . . . . . . 4-20
155.4.5.5
Effect of Approval . . . . . . . . . . . . . . . . . . . . . . 4-22
155.4.5.6
Binding Effect . . . . . . . . . . . . . . . . . . . . . . . . . 4-22
155.4.5.7
Certificate of Occupancy . . . . . . . . . . . . . . . . . . 4-23
155.4.5.8
Change in Conditional Use Permit . . . . . . . . . . . 4-23
155.4.5.9
Implementation of Conditional Use Permit . . . . . 4-23
Section 155.4.5
Rehearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-23
Section 155.4.7
Appeals of Quasi-Judicial Decisions . . . . . . . . . . . . . . . . . . . . 4-24
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Article 155.4
ARTICLE 155.4 LEGISLATIVE/QUASI-JUDICIAL PROCEDURES
SECTION 155.4.1 AMENDMENT/REZONING PROCEDURES
155.4.1.1 Procedure
The Board of Aldermen may amend, supplement, or change the text of this Ordinance and zoning
map following review and recommendation of the Planning Board according to the procedures
established in this Article.
155.4.1.2 Action by Applicant
The following action shall be taken by the applicant:
(A)
Proposed changes or amendments may be initiated by the Board of Aldermen, Planning
Board, or by one or more interested parties.
(B)
An application for any change or amendment shall contain a description and statement of
the present and proposed zoning regulation or district boundary to be applied, the names
and addresses of the applicant, the owner of the parcel of land involved in the change if
different from the applicant, and all adjacent property owners as shown on the New
Hanover County tax listing. Twenty copies of such application shall be filed with the UDO
Administrator not later than 30 days prior to the Planning Board meeting at which the
application is to be considered.
(C)
When a proposed amendment is initiated by individuals or parties other than the Board of
Aldermen or Planning Board, a fee established from time to time by the Board of Aldermen
shall be paid to the Town for each application for an amendment to cover the necessary
administrative costs and advertising.
155.4.1.3 Action by the Planning Board
(A)
Zoning Map Amendment. In any case where the Planning Board will consider a change in
the zoning classification of a parcel of land, notice of the proposed petition or application
shall be mailed by first class mail to the owner of the parcel of land involved in the change
and all abutting property owners as shown on the New Hanover County tax listing at the
addresses listed for such property owners on the New Hanover County tax abstracts, at
least ten days and not more than 25 days prior to the Planning Board meeting at which the
rezoning is to be considered. When multiple parcels are included in a proposed zoning map
amendment, a posting of each individual site is not required, but the Town shall post
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Article 155.4
sufficient notices to provide reasonable notice to interested persons. The UDO Administrator
or his or her designee shall certify to the Planning Board that such notices have been made.
(B)
Zoning Text Amendment.
(C)
Planning Board Action on Zoning Map and/or Text Amendments. The Planning Board shall
In any case where the Planning Board will consider an
amendment to the zoning code text, notice of the amendment to be considered shall be
published once in a newspaper having general circulation in the area. The notice shall be
published not less than ten days before the date of the Planning Board meeting at which
the text amendment will be considered.
advise and comment on whether the proposed text amendment or map amendment is
consistent with the adopted comprehensive plan and any other applicable officially adopted
plans. The Planning Board shall provide a written recommendation to the Board of
Aldermen that addresses plan consistency and other matters as deemed appropriate by the
Planning Board, but a comment by the Planning Board that a proposed amendment is
inconsistent with the comprehensive plan shall not preclude consideration or approval of the
proposed amendment by the Board of Aldermen.
155.4.1.4 Action by the Board of Aldermen
(A)
Notice and Public Hearings - Zoning Text Amendment. No amendment shall be adopted by
the Board of Aldermen until after public notice and hearing. Notice of such a public hearing
shall be published once a week for two successive calendar weeks in a local newspaper of
general circulation in the Town.
(B)
Notice and Public Hearings - Zoning Map Amendment.
(1)
In any case where the Board of Aldermen will consider a change in the zoning
classification of a parcel of land, notice of the proposed petition or application shall
be mailed by first class mail to the owner of that parcel of land and all abutting
property owners as shown on the New Hanover County tax listing at the last
addresses listed for such property owners on the New Hanover County tax abstracts.
The party applying for the change in zoning classification shall submit the following
material with the request for rezoning; the application shall be considered
incomplete without such material:
(a)
A list of names of owners, their addresses and the tax parcel numbers of the
property involved in the change and the properties immediately adjacent to
the property of the request, including the property owners directly opposite
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Article 155.4
the proposed request but separated by a street right-of-way, as shown on
the New Hanover County tax listing.
(b)
Two sets of plain, letter sized envelopes equal in number to the above list
of names shall be furnished by the applicant. Both sets of envelopes are to
be unsealed, stamped, and addressed for mailing to the adjacent property
owners as shown on the New Hanover County tax listing, and bear the
return address of the Town.
(2)
At least ten but no more than 25 days prior to the date of the meeting at which the
Board of Aldermen will consider the request for rezoning, the Town Clerk shall mail
a letter of notification in the supplied envelopes containing a description of the
request and the time, date and location of the public hearing. Additionally, the site
proposed for rezoning or an adjacent public right-of-way shall be posted with a
notice of the public hearing not less than ten days prior to the Board of Aldermen
meeting at which the rezoning is to be considered. When multiple parcels are
included in a proposed zoning map amendment, a posting of each individual site is
not required, but the Town shall post sufficient notices to provide reasonable notice
to interested persons. The Town Clerk shall certify to the Board of Aldermen that
such notices have been made and such certification shall be deemed conclusive in
the absence of fraud.
(3)
The first class mail notice required under subsections (1) and (2) of this section shall
not be required if the zoning map amendment directly affects more than 50
properties, owned by a total of at least 50 different property owners, and the town
elects to use the expanded published notice. In this instance, the town may elect
to either make the mailed notice provided for in this section or may as an alternative
elect to publish a notice of the hearing as required by NCGS 160A-364, but provided
that each advertisement shall not be less than one-half of a newspaper page in size.
The advertisement shall only be effective for property owners who reside in the area
of general circulation of the newspaper which publishes the notice. Property owners
who reside outside of the newspaper circulation area, according to the address listed
on the most recent New Hanover County property tax listing for the affected
property, shall be notified according to the provisions of subsections (1) and (2).
(4)
Except for a town-initiated zoning map amendment, when an application is filed to
request a zoning map amendment and that application is not made by the owner
of the parcel of land to which the amendment would apply, the applicant shall certify
to the Board of Aldermen that the owner of the parcel of land as shown on the New
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Article 155.4
Hanover County tax listing has received actual notice of the proposed amendment
and a copy of the notice of public hearing. The person or persons required to
provide notice shall certify to the Board of Aldermen that proper notice has been
provided in fact, and such certificate shall be deemed conclusive in the absence of
fraud. Notice shall be made in any manner permitted under NCGS 1A-1, Rule 4(j).
(B)
Recommendations of Planning Board. Before an item is placed on the consent agenda to
schedule a public hearing, the Planning Board's recommendation on each proposed zoning
amendment must be determined. If no recommendation is received from the Planning
Board within 60 days from the date when submitted to the Planning Board, the petitioner
may take the proposal to the Board of Aldermen without a recommendation from the
Planning Board. The Board of Aldermen, at the close of public hearing, may defer taking
lawful action on the proposed amendment until it has sufficient time to consider any new
evidence or suggestions presented at the public hearing.
No member of the Board of Aldermen shall vote on any zoning map amendment or text
amendment where the outcome of the matter being considered is reasonably likely to have
a direct, substantial and readily identifiable financial impact on the member.
(C)
Qualified Protests - Zoning Map Amendment.
(1)
In case of a protest against a zoning map amendment, that amendment shall not
become effective except by favorable vote of three-fourths of all the members of the
Board of Aldermen. For the purposes of this ordinance, vacant positions on the
Board and members who are excused from voting shall not be considered "members
of the Board" for calculation of the requisite supermajority. NOTE: Protest petitions
do not apply to text amendments.
(2)
To qualify as a protest under this subsection, the petition must be signed by the
owners of either (i) 20% or more of the area included in the proposed change; or
(ii) 5% of a 100-foot-side buffer extending along the entire boundary of each
discrete or separate area proposed to be rezoned. A street right-of-way shall not
be considered in computing the 100-foot buffer area as long as that street right-ofway is 100 feet wide or less. When less than an entire parcel of land is subject to
the proposed zoning map amendment, the 100-foot buffer shall be measured from
the property line of that parcel. In the absence of evidence to the contrary, the
town may rely on the county tax listing to determine the "owners" of potentially
qualifying areas.
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Article 155.4
(D)
(3)
The foregoing provisions concerning protests shall not be applicable to any
amendment which initially zones property added to the territorial coverage of the
ordinance as a result of annexation or otherwise, or to an amendment to an adopted
(i) special use district, (ii) conditional use district, or (iii) conditional district if the
amendment does not change the types of uses that are permitted within the district
or increase the approved density for residential development, or increase the total
approved size of nonresidential development, or reduce the size of any buffers or
screening approved for the special use district, conditional use district, or conditional
district.
(4)
No protest against any change in or amendment to a zoning ordinance or zoning
map shall be valid or effective for the purposes of NCGS 160A-385 unless it be in the
form of a written petition actually bearing the signatures of the requisite number of
property owners and stating that the signers do protest the proposed change or
amendment, and unless it shall have been received by the Town Clerk in sufficient
time to allow the town at least two normal work days, excluding Saturdays, Sundays
and legal holidays, before the date established for a public hearing on the proposed
change or amendment to determine the sufficiency and accuracy of the petition. All
protest petitions shall be on a form prescribed and furnished by the town. Such
form shall prescribe any reasonable information deemed necessary to permit the
town to determine the sufficiency and accuracy of the petition. A person who has
signed a protest petition may withdraw his or her name from the petition at any
time prior to the vote on the proposed zoning amendment. Only those protest
petitions that meet the qualifying standards set forth in NCGS 160A-385 at the time
of the vote on the zoning amendment shall trigger the supermajority voting
requirement.
Statement of consistency. Prior to adopting or rejecting any zoning text and/or map
amendment, the Board of Aldermen shall adopt a statement describing whether its action
is consistent with an adopted comprehensive plan and explaining why the Board considers
the action taken to be reasonable and in the public interest. This statement is not subject
to judicial review.
155.4.1.5 Withdrawal of Application
An applicant may withdraw his or her application at any time by written notice to the UDO
Administrator.
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Article 155.4
SECTION 155.4.2 ESTABLISHMENT OF VESTED RIGHTS
155.4.2.1 Purpose
The purpose of this section is to implement the provisions of NCGS 160A-385.1 pursuant to which
a statutory vested right is established upon the approval of a site specific development plan.
155.4.2.2 Establishment of a Vested Right
(A)
A vested right shall be deemed established upon the valid approval by the Board of
Aldermen of a site specific development plan, following notice and public hearing as
provided for by law.
(B)
The Board of Aldermen may approve a site specific development plan upon the terms and
conditions as may reasonably be necessary to protect the public health, safety and welfare.
The failure to satisfy any of the terms and conditions so imposed will result in a forfeiture
of vested rights.
(C)
Notwithstanding subsections (A) and (B) above, approval of a site specific development plan
with the condition that a variance be obtained shall not confer a vested right unless and
until the necessary variance is obtained.
(D)
A site specific development plan shall be deemed approved upon the effective date of the
Board of Aldermen's action relating thereto.
(E)
The establishment of a vested right shall not preclude the application of overlay zoning that
imposes additional requirements but does not affect the allowable type or intensity of use,
or ordinances or regulations that are general in nature and are applicable to all property
subject to land-use regulation by the town, including, but not limited to, building, fire,
plumbing, electrical and mechanical codes. Otherwise applicable new or amended
regulations shall be effective with respect to property that is subject to a site specific
development plan upon the expiration or termination of the vested right in accordance with
this section.
(F)
A vested right is not a personal right, but shall attach to and run with the applicable
property. After approval of a site specific development plan, all successors to the original
landowner shall be entitled to exercise such right while applicable.
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Article 155.4
155.4.2.3 Approval Procedures
(A)
Except as otherwise provided in this section, an application for site specific development
plan approval shall be processed in accordance with the procedures established by
ordinance and shall be considered by the designated approval authority for the specific type
of zoning or land-use permit or approval for which application is made. Provided, however,
that if such procedures established by ordinance do not provide for notice and a public
hearing, in order for the applicant to obtain a vested right, the application must be
considered and acted on following notice and a public hearing as provided in NCGS 160A364.
(B)
Notwithstanding the provisions of subsection (A) above, if the authority to issue a particular
zoning or land-use permit or approval has been delegated by ordinance to a board,
committee or administrative official other than the Board of Aldermen, in order to obtain a
vested right, the applicant must request in writing at the time of application that the
application be considered and acted on by the Board of Aldermen following notice and a
public hearing as provided in NCGS 160A-364.
(C)
In order for a vested right to be established upon approval of a site specific development
plan, the applicant must indicate at the time of application, on a form to be provided by the
town, that a vested right is being sought.
(D)
Each map, plat, site plan or other document evidencing a site specific development plan
shall contain the following notation: "Approval of this plan establishes a vested right under
NCGS 160A-385.1. Unless terminated at an earlier date, the vested right shall be valid until
(date)."
(E)
Following approval or conditional approval of a site specific development plan, nothing in
this section shall exempt the plan from subsequent reviews and approvals to ensure
compliance with the terms and conditions of the original approval, provided that the reviews
and approvals are not inconsistent with the original approval.
(F)
Nothing in this section shall prohibit the revocation of the original approval or other
remedies for failure to comply with applicable terms and conditions of the approval or the
zoning ordinance.
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Article 155.4
155.4.2.4 Duration
(A)
A zoning right that has been vested as provided in this section shall remain vested for a
period of two years from the effective date thereof. Notwithstanding the provisions of the
preceding sentence, a zoning right may be vested for a period not to exceed five years
where warranted in light of all relevant circumstances, including, but not limited to, the size
and phasing of development, economic cycles, and market conditions. The determination
as to whether the five year vesting period rather than the two year vesting period shall
apply shall be made at the sole discretion of the Board of Aldermen. This vesting shall not
be extended by any amendments or modifications to the site specific development plan.
(B)
Upon the issuance of a building permit, the expiration provisions of NCGS 160A-418 and the
revocation provisions of NCGS 160A-422 shall apply, except that a building permit shall not
expire or be revoked because of the running of time while a vested right under this section
is outstanding.
155.4.2.5 Termination
A zoning right that has been vested as provided in this section shall terminate:
(A)
At the end of the applicable vesting period with respect to buildings and uses for which no
valid building permit applications have been filed;
(B)
With the written consent of the affected land owners;
(C)
Upon findings by the Board of Aldermen, by ordinance after notice and a public hearing,
that natural or man-made hazards on or in the immediate vicinity of the property, if
uncorrected, would pose a serious threat to the public health, safety, and welfare if the
project were to proceed as contemplated in the site specific development plan;
(D)
Upon payment to the affected land owner of compensation for all costs, expenses and other
losses incurred by the land owner, including, but not limited to, all fees paid in consideration
of financing, and all architectural, planning, marketing, legal and other consultant's fees
incurred after approval by the town, together with interest thereon at the legal rate until
paid. Compensation shall not include any diminution in the value of the property which is
caused by such action;
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Article 155.4
(E)
Upon findings by the Board of Aldermen by ordinance after notice and a hearing, that the
land owner or his representative intentionally supplied inaccurate information or made
material misrepresentations which made a difference in the approval by the Board of
Aldermen of the site specific development plan; or
(F)
Upon the enactment or promulgation of a state or federal law or regulation that precludes
development as contemplated in the site specific development plan, in which case the Board
of Aldermen may modify the affected provisions, upon a finding that the change in state or
federal law has a fundamental effect on the plan, by ordinance after notice and a hearing.
155.4.2.6 Voluntary Annexation
A petition for annexation filed with the town under NCGS 160A-31 or NCGS 160A-58.1 shall contain
a signed statement declaring whether or not any vested right with respect to the properties subject
to the petition has been established under NCGS 160A-385.1 or NCGS 153A-344.1. A statement
that declares that no vested right has been established under NCGS 160A-385.1 or NCGS 153A344.1, or the failure to sign a statement declaring whether or not a vested right has been
established, shall be binding on the land owner and any such vested right shall be terminated.
155.4.2.7 Limitations
Nothing in this section is intended or shall be deemed to create any vested right other than those
established pursuant to NCGS 160A-385.1.
SECTION 155.4.3 MORATORIUM
155.4.3.1 Temporary Moratorium
The town may adopt temporary moratoria on any town development approval required by law. The
duration of any moratorium shall be reasonable in light of the specific conditions that warrant
imposition of the moratorium and may not exceed the period of time necessary to correct, modify,
or resolve such conditions. Except in cases of imminent and substantial threat to public health or
safety, before adopting an ordinance imposing a development moratorium with a duration of 60
days or any shorter period, the governing board shall hold a public hearing and shall publish a
notice of the hearing in a newspaper having general circulation in the area not less than seven days
before the date set for the hearing. A development moratorium with a duration of 61 days or
longer, and any extension of a moratorium so that the total duration is 61 days or longer, is subject
to the notice and hearing requirements of NCGS 160A-364. Absent an imminent threat to public
health or safety, a development moratorium adopted pursuant to this section shall not apply to any
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Article 155.4
project for which a valid building permit issued pursuant to NCGS 160A-417 is outstanding, to any
project for which a conditional use permit application or special use permit application has been
accepted, to development set forth in a site-specific or phased development plan approved pursuant
to NCGS 160A-385.1, to development for which substantial expenditures have already been made
in good faith reliance on a prior valid administrative or quasi-judicial permit or approval, or to
preliminary or final subdivision plats that have been accepted for review by the town prior to the
call for public hearing to adopt the moratorium. Any preliminary subdivision plat accepted for
review by the town prior to the call for public hearing, if subsequently approved, shall be allowed
to proceed to final plat approval without being subject to the moratorium.
155.4.3.2 Ordinance Establishing a Development Moratorium
Any ordinance establishing a development moratorium must expressly include at the time of
adoption each of the following:
(A)
A clear statement of the problems or conditions necessitating the moratorium and what
courses of action, alternative to a moratorium, were considered by the town and why those
alternative courses of action were not deemed adequate.
(B)
A clear statement of the development approvals subject to the moratorium and how a
moratorium on those approvals will address the problems or conditions leading to imposition
of the moratorium.
(C)
An express date for termination of the moratorium and a statement setting forth why that
duration is reasonably necessary to address the problems or conditions leading to imposition
of the moratorium.
(D)
A clear statement of the actions, and the schedule for those actions, proposed to be taken
by the town during the duration of the moratorium to address the problems or conditions
leading to imposition of the moratorium.
155.4.3.3 Renewal or Extension of Moratorium
No moratorium may be subsequently renewed or extended for any additional period unless the
town shall have taken all reasonable and feasible steps proposed to be taken by the town in its
ordinance establishing the moratorium to address the problems or conditions leading to imposition
of the moratorium and unless new facts and conditions warrant an extension. Any ordinance
renewing or extending a development moratorium must expressly include, at the time of adoption,
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Article 155.4
the findings set forth in subsections (A) through (D) of Section 155.4.3.2, including what new facts
or conditions warrant the extension.
155.4.3.4 Persons Aggrieved by Imposition of Moratorium
Any person aggrieved by the imposition of a moratorium on development approvals required by law
may apply to the appropriate division of the General Court of Justice for an order enjoining the
enforcement of the moratorium, and the court shall have jurisdiction to issue that order. Actions
brought pursuant to this section shall be set down for immediate hearing, and subsequent
proceedings in those actions shall be accorded priority by the trial and appellate courts. In any
such action, the town shall have the burden of showing compliance with the procedural
requirements of this section.
SECTION 155.4.4 APPEALS, VARIANCES, AND INTERPRETATIONS
155.4.4.1 Appeals
(A)
An appeal from any final order or decision concerning the interpretation or administration
of this article by the UDO Administrator may be taken to the Board of Adjustment by any
aggrieved person or by any officer, department, board, or commission of the Town. An
appeal is taken by filing with the UDO Administrator and the Board of Adjustment a written
notice of appeal specifying the grounds therefor. A notice of appeal shall be considered
filed with the UDO Administrator and the Board of Adjustment when delivered to the
planning department, and the date and time of filing shall be entered on the notice by the
planning staff.
(B)
An appeal must be taken within thirty (30) days after the date of the decision or order
appealed from.
(C)
Whenever an appeal is filed, the UDO Administrator shall forthwith transmit to the Board
of Adjustment all the papers constituting the record relating to the action appealed from.
(D)
An appeal stays all proceedings in furtherance of the action appealed from unless the public
official or employee from whom the appeal is taken certifies to the Board of Adjustment
after notice of appeal has been filed that in his or her opinion and because of facts stated
in the application or otherwise, a stay would cause immediate peril to life or property. In
that case, proceedings shall not be stayed except by restraining order which may be
granted by the Board or by a court of record on application and notice to the public official
or employee from whom the appeal was taken and on due cause shown.
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Article 155.4
(E)
The Board of Adjustment may reverse or affirm (wholly or partly) or may modify the order,
requirement, decision, or determination appealed from and shall make any order,
requirement, decision, or determination that in its opinion ought to be made in the case
before it. To this end, the board shall have all the powers of the officer from whom the
appeal is taken.
155.4.4.2 Variances
(A)
An application for a variance shall be submitted to the Board of Adjustment by filing a copy
of the application with the UDO Administrator. Applications shall be handled in the same
manner as applications for permits.
(B)
A variance may be granted by the Board of Adjustment if it concludes that, by granting the
variance, the following findings are supported by the Board of Adjustment decision: (1) that
there are practical difficulties or unnecessary hardships in the way of carrying out the strict
letter of the Ordinance; (2) that the variance is in harmony with the general purpose and
intent of the Ordinance and preserves its spirit; and (3) that in the granting of the variance,
the public safety and welfare have been assured and substantial justice has been done. It
may reach these conclusions if it finds that:
(C)
(1)
If the applicant complies strictly with the provisions of the Ordinance, he/she can
make no reasonable use of his property;
(2)
The hardship of which the applicant complains is one suffered by the applicant
rather than by neighbors or the general public;
(3)
The hardship relates to the applicant’s land, rather than personal circumstances;
(4)
The hardship is unique, or nearly so, rather than one shared by many surrounding
properties;
(5)
The hardship is not the result of the applicant’s own actions; and
(6)
The variance will neither result in the extension of a nonconforming situation in
violation of Article 155.8 nor authorize the initiation of a nonconforming use of land.
In granting variances, the Board of Adjustment may impose such reasonable conditions as
will ensure that the use of the property to which the variance applies will be as compatible
as practicable with the surrounding properties.
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Article 155.4
(D)
The nature of the variance and any conditions attached to it shall be entered on the face
of the zoning permit, or the zoning permit may simply note the issuance of the variance and
refer to the written record of the variance for further information. All such conditions are
enforceable in the same manner as any other applicable requirement of this Ordinance.
155.4.4.3 Interpretations
(A)
The Board of Adjustment is authorized to interpret the zoning map and to pass upon
disputed questions of lot lines or district boundary lines and similar questions. If such
questions arise in the context of an appeal from a decision of the UDO Administrator, they
shall be handled as provided in Section 155.4.4.1.
(B)
An application for a map interpretation shall be submitted to the Board of Adjustment by
filing a standard Town of Wrightsville Beach appeal form with UDO Administrator. The
application shall contain sufficient information to enable the board to make the necessary
interpretation.
(C)
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning
Map, the rules of interpretation as specified in Section 155.1.10 shall be applied. Where
uncertainties continue to exist after application of the above rules, appeal may be taken to
the Board of Adjustment as provided in Section 155.4.4.1 of this Ordinance.
(D)
Interpretations of the location of floodway and floodplain boundary lines may be made by
the UDO Administrator as provided in Article 155.11, Part 1.
155.4.4.4 Requests to be Heard Expeditiously
As provided in Article 155.3, the Board of Adjustment shall hear and decide all appeals, variance
requests, and requests for interpretations, including map boundaries, as expeditiously as possible,
consistent with the need to follow regularly established agenda procedures, provide notice in
accordance with Section 155.4.4.6, and obtain the necessary information to make sound decisions.
155.4.4.5 Hearing Required on Appeals, Variances and Interpretations
(A)
Before making a decision on an appeal or an application for a variance or interpretation, the
Board of Adjustment shall hold a hearing on the appeal or application within sixty (60) days
of the submittal of a completed appeal or application.
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Article 155.4
(B)
Subject to subsection (C), the hearing shall be open to the public and all persons interested
in the outcome of the appeal or application shall be given an opportunity to present
evidence and arguments. All persons presenting evidence or arguments shall be sworn in
by the Chairman prior to the presentation of any evidence or arguments.
(C)
The Board of Adjustment may place reasonable and equitable limitations on the
presentation of evidence and arguments and the cross-examination of witnesses so that the
matter at issue may be heard and decided without undue delay.
(D)
The Board of Adjustment may continue the hearing until a subsequent meeting and may
keep the hearing open to take additional information up to the point a final decision is
made. No further notice of a continued hearing need be published unless a period of six
weeks or more elapses between hearing dates.
(E)
The required application fee and all supporting materials must be received by the UDO
Administrator before an application is considered complete and a hearing scheduled.
155.4.4.6 Notice of Hearing
The UDO Administrator shall give notice of any hearing required by Section 155.4.4.5 as follows:
(A)
Notice shall be given to the appellant or applicant and any other person who makes a
written request for such notice by mailing to such persons a written notice not later than
10 days before the hearing.
(B)
Notice shall be given to affected property owners by mailing a written notice not later than
10 days before the hearing to those persons who have listed for taxation real property any
portion of which is located within 150 feet of the lot that is the subject of the application or
appeal.
(C)
The notice required by this section shall state the date, time, and place of the hearing,
reasonably identify the lot that is the subject of the application or appeal, and give a brief
description of the action requested or proposed.
155.4.4.7 Burden of Proof in Appeals and Variances
(A)
When an appeal is taken to the Board of Adjustment in accordance with Section 155.4.4.1,
the UDO Administrator shall have the initial burden of presenting to the board sufficient
evidence and argument to justify the order or decision appealed from. The burden of
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Article 155.4
presenting evidence and argument to the contrary then shifts to the appellant, who shall
also have the burden of persuasion.
(B)
The burden of presenting evidence sufficient to allow the Board of Adjustment to reach the
conclusions set forth in Section 155.4.4.2(B), as well as the burden of persuasion on those
issues, remains with the applicant seeking the variance.
155.4.4.8 Board of Adjustment Action on Appeals and Variances
(A)
Appeals. A motion to reverse, affirm, or modify the order, requirement, decision, or
determination appealed from shall include a statement of the specific reasons or findings
of facts that support the motion. If a motion to reverse or modify is not made or fails to
receive the four-fifths vote necessary for adoption (see Section 155.3.13), then a motion
to uphold the decision appealed from shall be in order. This motion will be adopted as the
board’s decision if supported by more than one-fifth of the board’s membership (excluding
vacant seats).
(B)
Variance. The board must take a separate vote and vote affirmatively (by a four-fifths
majority-see Section 155.3.13) on each of the six required findings stated in Section
155.4.4.2(B). Insofar as practicable, a motion to make an affirmative finding on each of the
requirements set forth in Section 155.4.4.2(B) shall include a statement of the specific
reasons or findings of fact supporting such motion.
(C)
A motion to deny a variance may be made on the basis that any one or more of the six
criteria set forth in Section 155.4.4.2(B) are not satisfied or that the application is
incomplete. Insofar as practicable, such a motion shall include a statement of the specific
reasons or findings of fact that support it. This motion is adopted as the board’s decision
if supported by more than one-fifth of the board’s membership (excluding vacant seats).
155.4.4.9 Evidence/Presentation of Evidence
(A)
The provisions of this section apply to all hearings for which a notice is required by
Section 155.4.4.6.
(B)
All persons who intend to present evidence to the Board of Adjustment shall be sworn in
by the Chairman.
Page 4-17
Article 155.4
(C)
All findings and conclusions necessary to the issuance or denial of the requested permit or
appeal (necessary findings) shall be based upon competent, material, and substantial
evidence.
(D)
The entirety of a quasi-judicial hearing and deliberation shall be conducted in open session.
(E)
Parties to a quasi-judicial hearing have a right to cross-examine witnesses.
(F)
Factual findings must not be based on hearsay evidence which would be inadmissible in a
court of law.
(G)
If a Board of Adjustment member has prior or specialized knowledge about a case, that
knowledge should be disclosed to the rest of the Board and parties at the beginning of the
hearing.
(H)
The Board of Adjustment, in conducting the hearing, has the authority to issue subpoenas
to compel testimony or the production of evidence deemed necessary to determine the
matter.
155.4.4.10 Modification of Application at Hearing
(A)
In response to questions or comments by persons appearing at the hearing or to
suggestions or recommendations by the Board of Adjustment, the applicant may agree to
modify his application, including the plans and specifications submitted.
(B)
Unless such modifications are so substantial or extensive that the Board cannot reasonably
be expected to perceive the nature and impact of the proposed changes without revised
plans before it, the Board may approve the application with the stipulation that the permit
will not be issued until plans reflecting the agreed upon changes are submitted to the
planning staff.
155.4.4.11 Record
(A)
Accurate written minutes shall be kept of all such proceedings.
(B)
Whenever practicable, all documentary evidence, including any exhibits, presented at a
hearing as well as all other types of physical evidence shall be made a part of the record of
the proceedings and shall be kept by the Town for at least two years.
Page 4-18
Article 155.4
155.4.4.12 Written Decision
(A)
Any decision made by the Board of Adjustment regarding an appeal, variance, or
interpretation shall be reduced to writing and served upon the applicant or appellant and
all other persons who make a written request for a copy.
(B)
In addition to a statement of the Board’s ultimate disposition of the case and any other
information deemed appropriate, the written decision shall state the Board’s findings and
conclusion, as well as supporting reasons or facts, whenever this Ordinance requires the
same as a prerequisite to taking action.
SECTION 155.4.5 CONDITIONAL USE PERMITS
155.4.5.1 Purpose and Applicability
This Ordinance provides for a number of uses to be located by right in each general zoning district
subject to the use meeting certain area, height, yard, and off-street parking and loading
requirements. In addition to these uses, this Ordinance allows some uses to be allowed in these
districts as a conditional use subject to issuance of a conditional use permit by the Board of
Aldermen upon recommendation of the Planning Board. The purpose of having the uses being
conditional is to ensure that they would be compatible with surrounding development and in
keeping with the purposes of the general zoning district in which they are located and would meet
other criteria as set forth in this section. All conditional use permits require some form of a site
plan as outlined in Section 155.5.3.
155.4.5.2 Application Process/Completeness
(A)
The deadline for which a conditional use permit application shall be filed with the UDO
Administrator is the first business day of the month in the month prior to the meeting at
which the application will be heard. Permit application forms shall be provided by the UDO
Administrator. In the course of evaluating the proposed conditional use, the Planning Board
or Board of Aldermen may request additional information from the applicant. A request for
any additional information may stay any further consideration of the application by the
Planning Board or Board of Aldermen.
(B)
No application shall be deemed complete unless it contains or is accompanied by a site plan
drawn to scale which complies with the requirements contained in Section 155.5.3 and a
fee, in accordance with a fee schedule approved by the Board of Aldermen for the submittal
of conditional use permit applications.
Page 4-19
Article 155.4
(C)
One (1) hard copy and one (1) digital copy of an application, and all attachments and maps,
for a conditional use permit shall be submitted to the UDO Administrator.
155.4.5.3 Technical Review Procedure/Planning Board Review and Comment
(A)
All applications for a conditional use permit, including required site plans, shall follow the
technical review procedure (Article 155.3, Part II) before being submitted to the Planning
Board for review and comment. The UDO Administrator shall forward any comments
received during the technical review process to the Planning Board.
(B)
The Planning Board may, in its review, suggest reasonable conditions to the location,
nature, and extent of the proposed use and its relationship to surrounding properties,
parking areas, driveways, pedestrian and vehicular circulation systems, screening and
landscaping, timing of development, and any other conditions the Board may find
appropriate. The conditions may include dedication of any rights-of-way or easements for
streets, water, sewer, or other public utilities necessary to serve the proposed development.
(C)
The Planning Board shall forward its recommendation to the Board of Aldermen within 45
days of reviewing the application. If a recommendation is not made within 45 days, the
application shall be forwarded to the Board of Aldermen without a recommendation from
the Planning Board.
(D)
All comments prepared by the Planning Board shall be submitted by the UDO Administrator.
This representative of the Planning Board shall be subject to the same scrutiny as other
witnesses. Review of the conditional use application by the Planning Board shall not be a
quasi-judicial procedure. The Planning Board shall include in its comments a statement as
to the consistency of the application with the Town’s currently adopted Comprehensive Plan.
Comments of the Planning Board shall be considered with other evidence submitted at the
public hearing.
155.4.5.4 Board of Aldermen Action
(A)
Conditional use permits are quasi-judicial decisions approved by a simple majority vote of
the Board of Aldermen. Quasi-judicial decisions must be conducted in accordance with
Sections 155.4.4.9 through 155.4.4.12. For the purposes of this section, vacant positions
on the Board and members who are disqualified from voting on a quasi-judicial matter shall
not be considered “members of the Board” for calculation of the requisite majority if there
are no qualified alternates available to take the place of such members.
Page 4-20
Article 155.4
(B)
Once the comments of the Planning Board have been made, or the 45-day period elapses
without a recommendation, the Board of Aldermen shall hold a public hearing to consider
the application at its next regularly scheduled meeting. A quorum of the Board of Aldermen
is required for this hearing. Notice of the public hearing shall be as specified in Section
155.4.4.6. In addition, notice shall be given to other potentially interested persons by
publishing a notice one time in a newspaper having general circulation in the area not less
than ten nor more than twenty-five days prior to the hearing.
(C)
In approving an application for a conditional use permit in accordance with the principles,
conditions, safeguards, and procedures specified herein, the Board of Aldermen may impose
reasonable and appropriate conditions and safeguards upon the approval. The petitioner
will have a reasonable opportunity to consider and respond to any additional requirements
prior to approval or denial by the Board of Aldermen. In no instance shall any of these
conditions be less restrictive than any requirements which would pertain to that particular
development found elsewhere in a similar zoning district.
(D)
The applicant has the burden of producing competent, material and substantial evidence
tending to establish the facts and conditions which subsection 155.4.5.4(E) below requires.
(E)
The Board of Aldermen shall issue a conditional use permit if it has evaluated an application
through a quasi-judicial process and determined that:
(1)
The establishment, maintenance, or operation of the conditional use will not be
detrimental to or endanger the public health, safety, or general welfare.
(2)
The conditional use will not be injurious to the use and enjoyment of other property
in the immediate vicinity for the purposes already permitted, nor diminish or impair
property values within the neighborhood.
(3)
The establishment of the conditional use will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the
district.
(4)
The exterior architectural appeal and functional plan of any proposed structure will
not be so at variance with either the exterior architectural appeal and functional plan
of the structures already constructed or in the course of construction in the
immediate neighborhood or the character of the applicable district, as to cause a
substantial depreciation in the property values within the neighborhood.
Page 4-21
Article 155.4
(F)
(5)
Adequate utilities, access roads, drainage, parking, or necessary facilities have been
or are being provided.
(6)
Adequate measures have been or will be taken to provide ingress and egress so
designed as to minimize traffic congestion in the public streets.
(7)
The conditional use shall, in all other respects, conform to all the applicable
regulations of the district in which it is located.
(8)
Public access shall be provided in accordance with the recommendations of the
Town’s land use plan and access plan or the present amount of public access and
public parking as exists within the Town now. If any recommendations are found
to conflict, the system requiring the greatest quantity and quality of public access,
including parking, shall govern.
(9)
The proposed use shall be consistent with recommendations and policy statements
as described in the adopted land use plan.
Conditions and Guarantees. Prior to the granting of any conditional use, the Planning Board
may recommend, and the Board of Aldermen may require, conditions and restrictions upon
the establishment, location, construction, maintenance, and operation of the conditional use
as is deemed necessary for the protection of the public interest and to secure compliance
with the standards and requirements specified above. In all cases in which conditional uses
are granted, the Board of Aldermen shall require evidence and guarantees as it may deem
necessary as proof that the conditions required in connection therewith are being and will
be complied with.
155.4.5.5 Effect of Approval
If an application for a conditional use permit is approved by the Board of Aldermen, the owner of
the property shall have the ability to develop the use in accordance with the stipulations contained
in the conditional use permit, or develop any other use listed as a permitted use for the general
zoning district in which it is located.
155.4.5.6 Binding Effect
Any conditional use permit so authorized shall be binding to the property included in the permit
unless subsequently changed or amended by the Board of Aldermen.
Page 4-22
Article 155.4
155.4.5.7 Certificate of Occupancy
No certificate of occupancy for a use listed as a conditional use shall be issued for any building or
land use on a piece of property which has received a conditional use permit for the particular use
unless the building is constructed or used, or the land is developed or used, in conformity with the
conditional use permit approved by the Board of Aldermen. In the event that only a segment of
a proposed development has been approved, the certificate of occupancy shall be issued only for
that portion of the development constructed or used as approved.
155.4.5.8 Change in Conditional Use Permit
An application to materially change a conditional use permit once it has been issued must first be
submitted, reviewed, and approved in accordance with Sections 155.4.5.3 and 155.4.5.4, including
payment of a fee in accordance with the fee schedule approved by the Board of Aldermen.
155.4.5.9 Implementation of Conditional Use Permit
A conditional use permit, after approval by the Board of Aldermen shall expire six months after the
approval date if work has not commenced or in the case of a change of occupancy the business has
not opened; however, it may be, on request, continued in effect for a period not to exceed six
months by the UDO Administrator. No further extension shall be added except on approval of the
Board of Aldermen. If such use or business is discontinued for a period of 12 months, the
conditional use permit shall expire. Any expiration as noted or any violation of the conditions stated
on the permit shall be considered unlawful and the applicant will be required to submit a new
conditional use application to the appropriate agencies for consideration and the previously
approved conditional use permit shall become null and void.
SECTION 155.4.6 REHEARINGS
When an application involving a quasi-judicial procedure/petition is denied by the Board of
Aldermen or Board of Adjustment, reapplication involving the same property, or portions of the
same property, may not be submitted unless the petitioner can demonstrate a substantial change
in the proposed use, conditions governing the use of the property, or conditions surrounding the
property itself.
Page 4-23
Article 155.4
SECTION 155.4.7 APPEALS OF QUASI-JUDICIAL DECISIONS
Any person or persons, jointly or severally, aggrieved by any quasi-judicial decision of the Board
of Aldermen or Board of Adjustment, any taxpayer, or any officer, department, board or bureau of
the jurisdiction of this Ordinance may, within thirty (30) days after the filing of the decision in the
office of said Board, but not thereafter, present to a court of competent jurisdiction a petition duly
verified setting forth that such decision is illegal, in whole or in part, specifying the ground of
illegality, whereupon such decision of said Board shall be subject to review by certiorari as provided
by law.
Page 4-24
Article 155.4
ARTICLE 155.5
SITE PLAN DEVELOPMENT REVIEW PROCESS
ARTICLE 155.5
DEVELOPMENT REVIEW PROCESS . . . . . . . . . . . . . . . . . . . . . 5-1
Section 155.5.1
Purpose and Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-2
Section 155.5.2
Site Plan Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-2
Section 155.5.3
Section 155.5.4
Section 155.5.5
155.5.2.1
Engineering Drawing Review and Approval
Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-2
155.5.2.2
Minor Site Plans . . . . . . . . . . . . . . . . . . . . . . . . 5-3
155.5.2.3
Major Site Plans . . . . . . . . . . . . . . . . . . . . . . . . 5-3
Site Plan Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4
155.5.3.1
Information to be Shown on Site Plan . . . . . . . . 5-4
155.5.3.2
Performance Standards . . . . . . . . . . . . . . . . . . 5-5
Administrative Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-7
155.5.4.1
Administrative Approval Flowchart . . . . . . . . . . . 5-7
155.5.4.2
155.5.4.3
Planning Staff & Technical Review Procedure . . . 5-7
155.5.4.4
Permit Issued or Final Plat Approved . . . . . . . . . 5-7
155.5.4.5
Zoning Inspections & Certificates of Occupancy . 5-8
Planning Board Review and Board of Aldermen Approval . . . . . 5-8
155.5.5.1
Planning Board Review and Board of Aldermen
Approval Flowchart . . . . . . . . . . . . . . . . . . . . . 5-8
155.5.5.2
155.5.5.3
Planning Staff and Technical Review Procedure . 5-9
155.5.5.4
Review and Recommendation by the Planning
Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-9
155.5.5.5
Consideration by the Board of Aldermen . . . . . . 5-9
155.5.5.6
Permit Issued . . . . . . . . . . . . . . . . . . . . . . . . . 5-10
155.5.5.7
Zoning Inspections & Certificates of Occupancy . 5-10
Page 5-1
Article 155.5
ARTICLE 155.5 SITE PLAN DEVELOPMENT REVIEW PROCESS
SECTION 155.5.1 PURPOSE AND APPLICABILITY
The purpose of this Article is to establish an orderly process to develop land within the Town of
Wrightsville Beach. It is also the intent of this Article to provide a clear and comprehensible
development process that is fair and equitable to all interests including the petitioners, affected
neighbors, town staff, related agencies, the Planning Board, the Board of Aldermen, and the Board
of Adjustment. Approved plans shall be the guiding documents for final approval and permitting.
The development review procedures outlined throughout this Article apply to projects requiring a
Minor Site Plan or Major Site Plan. Projects requiring Subdivision Preliminary/Final Plat approval
should follow the requirements provided in Article 155.12.
SECTION 155.5.2 SITE PLAN PROCEDURES
155.5.2.1 Engineering Drawing Review and Approval Procedures
(A)
Applicability and Process. Minor Site Plans and Major Site Plans shall be submitted in
accordance with this section except where specifically noted. All site plans shall be
engineered drawings prepared by a civil engineer, registered land surveyor, or architect and
drawn to a scale of not less than one inch equals 30 feet. Upon determination by the UDO
Administrator or their designee that an application is complete, the engineering drawings
shall follow the approval process outlined in Section 155.5.4. Engineering drawings shall
constitute the complete submittal requirements for Minor Site Plans prior to the issuance
of a Zoning Permit.
(B)
Submittal Requirements. Engineering drawings shall be drawn to the specifications in
Section 155.5.3. The types of plans to be included in a set of Engineering Drawings are as
follows:
•
•
•
•
•
•
•
•
Site Plan (Existing and Proposed)
Existing Conditions
Grading Plan
Sedimentation and Erosion Control Plan
Landscaping Plan
Lighting Plan
Street Details
Infrastructure Details
Page 5-2
Article 155.5
155.5.2.2 Minor Site Plans
Projects requiring minor site plan approval:
•
•
•
Single-family dwellings;
Two-family (duplex) dwellings;
Nonresidential development under 1,000 square feet of aggregate building footprint area.
Minor Site Plans follow the Administrative Approval process (see Section155. 5.4). Minor Site Plans
shall be submitted as part of a full set of engineering drawings. For single-family and two-family
(duplex) dwellings, the floor area ratio shall be provided. Engineering drawing approval is required
prior to the issuance of a Zoning Permit.
For Minor Site Plans, an as-built survey, a piling survey, and as-built construction drawing(s) shall
be submitted to the UDO Administrator by the developer upon completion of the building foundation
to ensure that setbacks and building orientation match the approved site plan. If the survey shows
that the placement of the building is incorrect, then the UDO Administrator shall issue a stop-work
order and all construction shall be halted until the problem is remedied.
155.5.2.3 Major Site Plans
Projects requiring major site plan approval:
•
•
•
•
Mixed use commercial-residential development;
Nonresidential developments greater than 1,000 square feet;
Residential dwellings containing three or more units;
Development parcels which include areas of environmental concern as defined by 15A NCAC
7H.
Major Site Plans follow the Planning Board/Board of Aldermen approval process (see Section
155.5.5). The Major Site Plan shall be reviewed by the UDO Administrator using the Technical
Review Procedure for completeness, compliance with this Ordinance, and soundness of design. The
plan shall then be reviewed by the Planning Board for preparation of a recommendation to the
Board of Aldermen and, subsequent approval by the Board of Aldermen. Major Site Plan approval
is required prior to the issuance of a Zoning Permit.
For Major Sites Plans, an as-built survey, a piling survey, and as-built construction drawing(s) shall
be submitted to the UDO Administrator by the developer upon completion of the building foundation
to ensure that setbacks and building orientation match the approved site plan. If the survey shows
that the placement of the building is incorrect, then the UDO Administrator shall issue a stop-work
Page 5-3
Article 155.5
order and all construction shall be halted until the nonconformity is corrected or a variance is
obtained as provided in subsection 155.4.4.2.
SECTION 155.5.3 SITE PLAN REQUIREMENTS
155.5.3.1 Information to be Shown on Site Plan
(A)
The site plan shall be prepared by a professional engineer, registered land surveyor, or
architect and shall be drawn to scale of not less than one inch equals 30 feet. The site plan
shall be based on the latest tax map information and shall be of a size as required by each
individual site plan.
(B)
The site plan shall contain the following information:
(1)
A key map of the site with reference to surrounding areas and existing street
locations.
(2)
The name and address of the owner and site plan applicant, together with the
names of the owners of all contiguous land and of property directly across the street
as shown by the most recent tax records.
(3)
Lot line dimensions.
(4)
Location of all structures, streets, entrances, and exits on the site and on contiguous
property directly across the street.
(5)
Location of all existing and proposed structures, including their outside dimensions
and elevations.
(6)
Building setback, side line, and rear yard distances.
(7)
Location of flood zones.
(8)
All existing physical features, including water courses, dunes, existing trees greater
than one inch in diameter measured six feet above ground level, and significant soil
conditions.
(9)
Topography showing existing and proposed contours at two-foot intervals. All
reference benchmarks shall be clearly designated.
Page 5-4
Article 155.5
(10)
Parking, loading, and unloading areas shall be indicated with dimensions, traffic
patterns, access aisles, and curb radii per the requirements of Article 155.9, Part I.
(11)
Improvements such as roads, curbs, bumpers, and sidewalks shall be indicated with
cross-sections, design details, and dimensions.
(12)
Location and design of existing and proposed stormwater systems, sanitary waste
disposal systems, water mains and appurtenances, and method of refuse disposal
and storage.
(13)
Landscaping and buffering plan showing what will remain and what will be planted,
indicating names of plants, trees, and dimensions, approximate time of planting, and
maintenance plans per the requirements of Article 155.9, Part IV.
(14)
Lighting plan indicating type of standards, location, radius of light, and intensity in
foot candles per the requirements of Article 155.9, Part III.
(15)
Location, dimensions, and details of signs per the requirements of Article 155.10.
(16)
North arrow.
(17)
Public access shall be provided in accordance with the recommendations of the
town’s land use plan and access plan or the present amount of public access and
public parking as exists within the town now. If any recommendations are found
to conflict, the system requiring the greatest quantity and quality of public access,
including parking, shall govern.
(18)
Location of all 404 wetland areas, areas of environmental concern as defined by 15A
NCAC 7H, and shoreline development boundaries.
(19)
A rendering or drawing of the proposed building shall be provided which shows all
sides of the structure.
155.5.3.2 Performance Standards
In reviewing any site plan, the Planning Board and the Board of Aldermen shall consider:
(A)
Pedestrian and vehicular traffic movement within and adjacent to the site with particular
emphasis on the provision and layout of parking areas, off-street loading and unloading,
movement of people, goods, and vehicles from access roads, within the site, between
Page 5-5
Article 155.5
buildings, and between buildings and vehicles. The Board shall ensure that all parking
spaces comply with Article 155.9, Part I. Access to the site from adjacent roads shall be
designed so as to interfere as little as possible with traffic flow on these roads and to permit
vehicles a rapid and safe ingress and egress to the site.
(B)
The design and layout of buildings and parking areas shall be reviewed so as to provide an
aesthetically pleasing design and efficient arrangement. Particular attention shall be given
to safety and fire protection, impact of surrounding development, and contiguous and
adjacent buildings and lands.
(C)
Adequate lighting, based upon the standards set forth in Article 155.9, Part III, shall be
provided to ensure safe movement of persons and vehicles and for security purposes.
Lighting standards shall be a type approved by the Planning Board.
(D)
Buffering shall be located around the perimeter of the site to minimize headlights of
vehicles, noise, light from structures, the movement of people and vehicles, and to shield
activities from adjacent properties in accordance with Article 155.9, Part IV.
(E)
Landscaping shall be provided as part of the overall site design and integrated into building
arrangements, topography, parking, and buffering requirements in accordance with
Article 155.9, Part IV.
(F)
Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on
the site, and located so as to achieve their purpose without constituting hazards to vehicles
and pedestrians (refer to Article 155.10).
(G)
Storm drainage, sanitary waste disposal, water supply, and garbage disposal shall be
reviewed and considered. Particular emphasis shall be given to the adequacy of existing
systems, and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage, and to maintain an adequate supply of water at sufficient pressure.
(H)
Environmental elements relating to soil erosion, preservation of trees, protection of water
courses, and resources, noise, topography, soil, and animal life shall be reviewed, and the
design of the plan shall minimize any adverse impact on these elements. Particular
reference shall be made to areas of environmental concern as designated by the Coastal
Area Management Act and the Coastal Resources Commission.
Page 5-6
Article 155.5
SECTION 155.5.4 ADMINISTRATIVE APPROVAL
Administrative approval shall include:
Minor Site Plans
155.5.4.1 Administrative Approval Flowchart
Preapplication Meeting
(Suggested)
Applicant Formal Submittal
Planning Staff Review, including
Technical Review Procedure
Administrative Approval - Permit
Issued by UDO Administrator
Final Zoning Inspection for Certificate
of Occupancy
NOTE: A certificate of occupancy shall not be issued until an as-built survey outlining all completed
site improvements has been submitted to the UDO Administrator.
155.5.4.2 Application for Review
An applicant desiring to obtain site plan approval shall file with the UDO Administrator two (2)
copies of the site plan, together with a completed application form and the required fee as set forth
in Section 155.2.9.
155.5.4.3 Planning Staff and Technical Review Procedure
The UDO Administrator or his/her designee will review the site plan and may require the Technical
Review Procedure as specified in Article 155.3, Part II. The plan will be reviewed for compliance
with this Ordinance and all related plans and policies.
155.5.4.4 Permit Issued or Final Plat Approved
If the plan, engineering drawings, or final plat is found to meet all of the applicable regulations of
this Ordinance, then the UDO Administrator shall issue a zoning permit for site plans.
Page 5-7
Article 155.5
155.5.4.5 Zoning Inspections and Certificates of Occupancy
Prior to the issuance of a Certificate of Occupancy by the Building Inspections department, the UDO
Administrator or his designee shall conduct a final zoning inspection to ensure that the approved
plan has been followed and all required improvements have been installed to town standards. Prior
to the final zoning inspection, an as-built survey must be submitted to the UDO Administrator. The
as-built survey shall be drafted and scaled by a surveyor registered in the State of North Carolina
and should show the location of all site improvements.
SECTION 155.5.5 PLANNING BOARD REVIEW AND BOARD OF ALDERMEN APPROVAL
Planning Board review and Board of Aldermen approval applies to the following:
Major Site Plans
155.5.5.1 Planning Board Review and Board of Aldermen Approval Flowchart
Applicant Formal Submittal
Planning Staff Review, including
Technical Review Procedure
Planning Board Review and
Recommendation to the
Board of Aldermen
Board of Aldermen Consideration,
including Quasi-Judicial Public
Hearing for Conditional Use Permits
NOTE: For conditional use permit public hearings, Planning Board recommendations shall be
submitted as evidence at the public hearing as specified in subsection 155.4.5.3.
155.5.5.2 Application for Review
An applicant desiring to obtain site plan approval shall file with the UDO Administrator 18 copies
of the site plan, together with a completed application form and the required fee as set forth in
Section 155.2.9. The materials as required herein shall be filed not less than 30 days prior to the
regular Planning Board meeting at which the application will be considered.
Page 5-8
Article 155.5
155.5.5.3 Planning Staff and Technical Review Procedure
(A)
The UDO Administrator or his/her designee will review the site plan and may require the
Technical Review Procedure as specified in Article 155.3, Part II. The plan will be reviewed
for compliance with this Ordinance and all related plans and policies.
(B)
The UDO Administrator shall submit all recommendations and comments resulting from the
Technical Review Procedure at least five days prior to the Planning Board meeting at which
the site plan is to be considered. Failure to submit a written recommendation and comment
shall be deemed as a favorable review of the site plan.
155.5.5.4 Review and Recommendation by the Planning Board
(A)
At the next regular meeting of the Planning Board following receipt of the materials
specified in subsection 155.5.5.2, the Planning Board shall review and provide a
recommendation on the site plan.
(B)
The Planning Board shall have up to 45 days from the date of referral by the UDO
Administrator to recommend approval, approval with conditions, or denial of the request to
the Board of Aldermen.
155.5.5.5 Consideration by the Board of Aldermen
(A)
Upon receipt of a recommendation from the Planning Board, the Board of Aldermen shall
consider the application. For conditional use permits and vested rights requests, quasijudicial evidentiary public hearings shall be held. Notice of public hearings shall be given
as specified in subsection 155.4.4.6.
(B)
Following public hearing (where appropriate), the Board of Aldermen shall approve, approve
with conditions, or deny the request. Alternatively, the Board of Aldermen may suspend the
review period and request additional information of the applicant, other governmental
agencies, or interested/affected parties in order to aid in the review of the request or
deferral of its consideration.
(C)
Following denial by the Board of Aldermen, the applicant may file a new application and
associated fee. Unless the Board of Aldermen explicitly states conditions that must be met
prior to the resubmission of an application, the applicant shall not submit a new application
for the same property within one (1) year of the date of denial by the Board of Aldermen
unless the application is significantly different from the previously denied application. All
applications shall be resubmitted for full review unless the application is resubmitted to
address conditions set forth by the Board of Aldermen for reapplication.
Page 5-9
Article 155.5
155.5.5.6 Permit Issued
If the plan is found to meet all of the applicable regulations of this Ordinance, then the Board of
Aldermen shall approve issuance of a zoning permit for the project.
155.5.5.7 Zoning Inspections and Certificates of Occupancy
Prior to the issuance of a Certificate of Occupancy by the UDO Administrator, the UDO
Administrator or his designee shall conduct a final zoning inspection to ensure that the approved
plan has been followed and all required improvements have been installed to town standards.
Page 5-10
Article 155.5
ARTICLE 155.6
ZONING DISTRICTS
ARTICLE 155.6
ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1
Section 155.6.1
Purpose Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-2
Section 155.6.2
Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-2
Section 155.6.3
Primary Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-3
Section 155.6.4
Table of Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-4
Section 155.6.5
Zoning District Development Standards . . . . . . . . . . . . . . . . . 6-9
155.6.5.1
R-1 Residential District . . . . . . . . . . . . . . . . . . . 6-9
155.6.5.2
R-2 Residential District . . . . . . . . . . . . . . . . . . . 6-10
155.6.5.3
C-1 Commercial District I . . . . . . . . . . . . . . . . . 6-11
155.6.5.4
C-2 Commercial District II . . . . . . . . . . . . . . . . 6-12
155.6.5.5
C-3 Commercial District III . . . . . . . . . . . . . . . . 6-13
155.6.5.6
C-4 Commercial District IV . . . . . . . . . . . . . . . . 6-14
155.6.5.7
C-5 Commercial District V . . . . . . . . . . . . . . . . . 6-15
155.6.5.8
G-1 Public and Semipublic District . . . . . . . . . . . 6-17
155.6.5.9
PC Private Club District . . . . . . . . . . . . . . . . . . . 6-18
155.6.5.10
P-1 Conservation Zone . . . . . . . . . . . . . . . . . . . 6-19
155.6.5.11
S-1 Shore Zone . . . . . . . . . . . . . . . . . . . . . . . . 6-19
Page 6-1
Article 155.6
ARTICLE 155.6 ZONING DISTRICTS
SECTION 155.6.1 PURPOSE STATEMENT
In accordance with the requirement of NCGS 160A-382 that zoning regulation be by districts, the
Town, as shown on the Zoning Map, is hereby divided into the following districts which shall be
governed by all of the uniform use and dimensional requirements of this Ordinance.
The purposes of establishing the following zoning districts are:
•
•
•
•
•
•
To
To
To
To
To
To
implement adopted plans;
promote public health, safety, and general welfare;
provide for orderly growth and development;
provide for the efficient use of resources;
facilitate the adequate provision of services;
protect property values and property rights.
SECTION 155.6.2 INTERPRETATION
Zoning districts have uses specified as permitted by right, uses permitted with supplemental
regulations, and conditional uses. Detailed use tables are provided in Section 155.6.4 showing the
uses allowed in each district. The following describes the processes of each of the categories that
the uses are subject to:
•
Permitted by Right: Administrative review and approval subject to district
provisions and other applicable requirements only.
•
Permitted with Supplemental Regulations: Administrative review and approval
subject to district provisions, other applicable requirements, and supplemental
regulations outlined in Article 155.7.
•
Conditional Uses: Planning Board review and recommendation, Board of Aldermen
review and approval of Conditional Use Permit subject to district provisions, other
applicable requirements, and conditions of approval. Some Conditional Uses may
also be subject to supplemental regulations outlined in Article 155.7.
SECTION 155.6.3 PRIMARY ZONING DISTRICTS
For the purposes of this Ordinance, the Town of Wrightsville Beach, North Carolina is hereby
divided into the following primary zoning districts:
Page 6-2
Article 155.6
(A)
R-1 Residential District. The R-1 district is established as a district in which the principal use
of the land is for single-family residences. The regulations of this district are intended to
protect existing residential areas with minimum lot sizes of 8,000 square feet and to
encourage, in selected portions of the planning area, the subdivision of undeveloped
property into lots with a minimum of 8,000 square feet.
(B)
R-2 Residential District. The R-2 district is established as a district in which the principal use
of land is for medium-density residential uses. The regulations of this district are intended
to protect existing residential areas with a minimum lot size of 8,000 square feet for the first
single-family residential dwelling or duplex and an additional minimum lot area of 4,356
square feet per residential dwelling in excess of two. The minimum required lot area for a
duplex on a nonconforming lot in the R-2 District shall be 4,000 square feet.
(C)
Private Club District. The PC district is established to accommodate private clubs.
(D)
Commercial District I. The C-1 district is established to embrace the existing and growing
commercial, tourist, and short-term residential uses. Maximum density for hotels and
motels shall be 48 units per acre.
(E)
Commercial District II. The C-2 district is established to embrace the existing and growing
commercial, tourist, and short-term residential uses. Maximum density for hotels and
motels shall be 48 units per acre.
(F)
Commercial District III. The C-3 district is established to permit those specialized uses
which will fulfill the special needs of daily commuters and periodic short-term visitors.
Maximum density for hotels and motels shall be 48 units per acre.
(G)
Commercial District IV. The C-4 district is established to accommodate a growing volume
of short-term hotel-motel visitors. Maximum density for hotels and motels shall be 48 units
per acre.
(H)
Commercial District V.
(I)
Public and Semipublic District. The G-1 district includes property owned by a local, state,
The C-5 district is established to permit light to medium
neighborhood commercial use. Maximum density for hotels and motels shall be 36 units
per acre.
or federal agency.
Page 6-3
Article 155.6
(J)
Shore Zone. The S-1 district contains built up land constructed by the state, the federal
government, and the town. No lot or parcel of land shall be used for any purpose
whatsoever except in accordance with subsection 6.5.11.
(K)
Conservation Zone. The P-1 district is established as a district in which no lot or parcel of
land may be developed for any purpose except commercial piers (where the P-1 zone
adjoins a zone permitting a marina), private piers (where the P-1 zone adjoins a residential
district), and ocean-related business activities as permitted in Chapter 92 of the Code of
Ordinances.
For a detailed table of specified permitted/conditional uses in the above listed zoning districts, see
Section 6.4.
SECTION 155.6.4 TABLE OF PERMITTED/CONDITIONAL USES
P - Permitted Use
C - Conditional Use
PS - Permitted Use with Supplemental Regulations
CS - Conditional Use with Supplemental Regulations
Primary Zoning Districts
Uses
R1
R2
ABC package and retail
C1
C2
C3
P
P
P
C4
C5
G1
PC
P1
S1*
Supplemental
Regulations
C
Accessory buildings
PS
PS
PS
PS
PS
PS
PS
PS
PS
155.7.2
Accessory structures
PS
PS
PS
PS
PS
PS
PS
PS
PS
155.7.2
Accessory uses
P
P
P
P
P
P
P
P
P
P
P
P
Accounting agencies
P
PS
Activities operated exclusively for
pleasure, recreation, social,
athletic, educational, research or
research-related purposes by a
private business entity
Adult care home
PS
155.7.4
Antique and gift shop
P
P
P
P
Art supply and retail
P
P
P
P
Assembly halls, gymnasiums and
other similar structures
PS
Assisted living residence
155.7.3
155.7.5
P
Attorney’s offices
P
P
P
P
Automatic teller machines
P
P
P
P
*Refer to Section 155.6.5.11.
Page 6-4
Article 155.6
Uses
R1
Automobile parking operated in
conjunction with permitted uses
R2
C1
C2
C3
C4
C5
G1
PC
P1
S1*
Supplemental
Regulations
P
Auto service station
CS
C
Bakery
P
P
P
P
Barber and beauty shop
P
P
P
P
C
P
P
P
Boat sales/service
Book and stationary store
P
P
155.7.6
Car wash
PS
155.7.7
Child care center
PS
155.7.8
Chiropractic office
Churches
P
C
P
C
P
P
C
C
Clothing store
P
P
P
P
Coffee shop, no food prepared on
site
PS
PS
PS
PS
Coffee shop, with outside seating
C
C
C
C
Commercial marina
C
C
C
155.7.6
C
Commercial piers as permitted in
Section 6.5.10
P
Computer sales and repair
P
P
Convenience stores
P
P
C
Dairy bar/ice cream manufactured
for retail sale on the premises
P
P
P
Department/variety store
P
P
P
CS
CS
155.7.9
Drug store
P
P
P
P
Dry cleaning pick up stations
P
P
P
C
Dry cleaning pick up in shopping
center
P
Dry dock/boat works/marine
railways
Exercise and physical fitness
centers
155.7.21
CS
Commercial parking lot not
associated with another use
Detached garages
C
CS
P
P
P
155.7.6
P
Page 6-5
Article 155.6
Uses
R1
R2
Family care home
PS
PS
Family child care home
C
Fences and walls
PS
PS
C1
C2
C3
C4
C5
PS
PS
PS
PS
Floating homes
PS
PS
PS
PS
PS
PS
S1*
Supplemental
Regulations
PS
155.7.10
155.7.11
CS
155.7.6,
155.7.12
Florist, retail
P
P
P
P
Food store, retail; grocery,
delicatessen, meat and fish, but
excluding the killing and dressing
of flesh or fowl
C
C
C
C
Food store, specialty in shopping
center
P
Furniture store
P
Government buildings
P
Grocery
C
C
C
C
C
C
Health club
P
P
P
Home appliance dealers
P
PS
PS
PS
Hotel/motel
PS
PS
C
PS
C
155.7.13
C
Ice cream sales, not mobile
P
P
P
P
Insurance office
P
P
P
P
Jewelry and watch sales
P
P
P
P
Launderette service, where
individual family-sized laundry
equipment is rented for use by the
customer
P
P
C
Launderette service in shopping
center
Laundry pick up
P1
P
Financial institutions/banks
Home occupation
PC
155.7.4
Finance/loan company
Grounds/facility for open air
games and sports (nonprofit)
G1
P
P
P
P
Libraries, museums, and art
galleries
C
P
Page 6-6
Article 155.6
Uses
R1
R2
C1
C2
C3
C4
C5
G1
PC
P1
S1*
Supplemental
Regulations
Light construction/marina
CS
155.7.6
Marina/boatominium
CS
155.7.6
Meeting and events center
C
Meeting rooms
C
Mixed use commercial-residential
CS
CS
CS
155.7.6
Multi-unit assisted housing with
services
PS
155.7.4
Nursing home
CS
155.7.14
Ocean-related business activities
PS
Office, house, barracks, storage
shed, pier, boat house or ramp,
garage, or any and all other types
of buildings or houses or usages
which shall be needed or
necessary in the performance or
discharge of the governmental
activity for which the area is used.
P
Offices, professional businesses or
public agencies
P
P
P
P
C
C
C
P
P
P
P
P
P
P
Open air market
Opticians
Police, fire, rescue, civil defense
station
C
C
P
C
P
Private club
CS
Public buildings
Public utility distribution lines,
transformer stations, water tanks
and towers, telephone exchange,
but no service or storage yards
C
C
Real estate offices
Residence, single-family
Residence, duplex
155.7.15
PS
C
P
P
P
P
P
C
P
P
P
P
155.7.16
PS
155.7.17
PS
155.7.17
Residence, multi-family
CS
155.7.6
Residential child-care facility
CS
155.7.4
Restaurant, carry-out
C
C
Page 6-7
Article 155.6
Uses
R1
R2
C1
C2
Restaurant, fast-food
C3
C4
C
Restaurant, standard
C
C
C
Retail stores similar to those
otherwise named on the list
P
P
P
C5
C
S1*
Supplemental
Regulations
P
P
CS
Shopping center
CS
C
P
P
P
P
Sporting goods
P
P
Taxicab stands
Telecommunication towers
PS
PS
PS
PS
155.7.6
155.7.6
CS
CS
CS
CS
PS
PS
PS
PS
C
155.7.18
PS
155.7.19
C
Therapeutic foster home
PS
Tourist or guest homes, including
bed and breakfast
C
C
C
Travel agencies
P
P
P
Vessel for hire
P1
C
Seafood process, wholesale
Theaters housed in a permanent
indoor structure
PC
C
School, public
Temporary storage containers
G1
155.7.4
C
P
C
Veterinarian clinics, no outside
kennels or animal use areas
C
Page 6-8
Article 155.6
SECTION 155.6.5 ZONING DISTRICT DEVELOPMENT STANDARDS
155.6.5.1
A
B
C
D
E
F
G
H
I
R-1 Residential District
Minimum Lot Area
Residential =
Non-residential =
8,000 Square Feet
24,000 Square Feet
Minimum Lot Width
Residential =
Non-residential =
70 Feet
200 Feet
Minimum Lot Depth
None
Front Yard Minimum Setback
15 Feet
Side Yard Minimum Setback
15 Feet
Rear Yard Minimum Setback
15 Feet
Principal Building Height
• No building shall exceed 40 feet in height. Church spires, antennas,
chimneys, and similar accessories to buildings are exempt from this
limitation.
Accessory Building
• Must be 15 feet from any lot line;
• Must be located behind the rear building line; and
• Shall not exceed 10 feet by 10 feet by 12.5 feet in height,
except detached garages which shall not exceed 10 feet by 20 feet by
14 feet in height.
One- and Two-Family residential dwellings with wood roof shingles
shall have a minimum of 30 feet of separation between buildings.
The following list provides the location of additional standards which apply to the
development of uses permitted within this district:
Table of Uses
Off-Street Parking & Off-Street Loading
Outdoor Lighting
Landscaping, Buffering, & Screening
Sign Regulations
Flood Damage Prevention Ordinance
Sedimentation and Soil Erosion Control
Fences and Walls Requirements
Visibility on Corner Lots
Definitions
Open Space Requirements
Floor Area Ratio
Nonconforming Situations
Section 155.6.4
Article 155.9, Part I
Article 155.9, Part II
Article 155.9, Part III
Article 155.10
Section 155.7.10
Section 155.2.5 and Section 155.7.10
Appendix A
Section 155.2.10
Section 155.7.17
Article 155.8
Page 6-9
Article 155.6
155.6.5.2
A
B
C
D
E
R-2 Residential District
Minimum Lot Area
One Residential Dwelling or Duplex =
8,000 Square Feet
Duplex Dwelling on Nonconforming Lot =
4,000 Square Feet
Minimum required additional lot area
per residential unit in excess of two =
4,356 Square Feet
Minimum Lot Width
Permitted Use =
Conditional Use =
70 Feet
100 Feet
Minimum Lot Depth
None
15 Feet
15 Feet, which shall increase
15 feet for each additional 50
feet of property frontage.
Note: For conditional uses only, where residential units have rear exits
into side yards, the yard shall increase 2 feet in width for each unit
having such exit.
F
G
• No building shall exceed 40 feet in height. Church spires, antennas,
limitation.
Accessory Building
• Must be 15 feet from any lot line;
• Must be located behind the rear building line; and
• Shall not exceed 10 feet by 10 feet by 12.5 feet in height, except
detached garages which shall not exceed 10 feet by 20 feet by 14 feet
in height.
Residential dwellings with wood roof shingles shall have a minimum
of 30 feet of separation between buildings.
H
I
15 Feet
Table of Uses
Outdoor Lighting
Sign Regulations
Definitions
Floor Area Ratio
Section 155.6.4
Article 155.10
Section 155.7.10
Appendix A
Section 155.2.10
Section 155.7.17
Article 155.8
Page 6-10
Article 155.6
155.6.5.3
A
B
C
D
E
F
C-1 Commercial District I
Minimum Lot Area
Permitted Use = None
Conditional Use =
10,000 Square Feet
Maximum Density
• 48 units per acre for hotels
and motels
• 20 units per acre for
apartments or residential
buildings
Minimum Lot Width
Conditional Use = 100 Feet
Minimum Lot Depth
None
None
However, when a side yard is provided, it shall be at least
7.5 feet in width, except where the side yard borders on a
public thoroughfare.
G
H
No building shall exceed 40 feet in height. Church spires,
antennas, chimneys, and similar accessories to buildings are
exempt from this limitation.
None
Table of Uses
Outdoor Lighting
Sign Regulations
Definitions
Section 155.6.4
Article 155.10
Section 155.7.10
Appendix A
Section 155.2.10
Page 6-11
Article 155.6
155.6.5.4
C-2 Commercial District II
A
Minimum Lot Area
Conditional Use =
10,000 Square Feet
B
Maximum Density
and motels
buildings
C
D
E
F
Minimum Lot Width
50 Feet
Minimum Lot Depth
None
15 Feet
7.5 Feet of which shall be developed for sidewalks, grass,
plants, and the necessary entrances and exits to driveways.
7.5 Feet
G
7.5 Feet
Note: No portion of any building shall be closer than 15 feet to the
right of way or street.
H Principal Building Height
Frame Structures
A frame structure may be erected in a number two fire district if there
is a minimum setback of 15 feet on the side, rear, and front yards,
and a two-hour fire wall is provided for walls that face the wall of
another structure or adjoin a lot where another structure may be
built. If a property owner provides a 30 Foot setback from all
property lines so that no structure may ever be erected within 30 Feet
of the proposed or existing structure, then the two-hour fire wall may
not be required.
Note: A parking lot, as a conditional use, shall not be subject to
these dimension standards.
Table of Uses
Outdoor Lighting
Sign Regulations
Definitions
Section 155.6.4
Article 155.10
Section 155.7.10
Appendix A
Section 155.2.10
Page 6-12
Article 155.6
155.6.5.5
A
B
C
D
E
C-3 Commercial District III
Minimum Lot Area
Conditional Use =
10,000 Square Feet
Maximum Density
and motels
buildings
Minimum Lot Width
Permitted Use = 50 feet
Minimum Lot Depth
None
Permitted Use =
15 Feet
Conditional Use =
30 Feet
7.5 Feet of which shall be developed for sidewalks, grass,
plants, and the necessary entrances and exits to driveways.
F
G
Permitted Use =
7.5 Feet
Conditional Use =
20 Feet
Permitted Use =
7.5 Feet
Conditional Use =
20 Feet
Note: No portion of any building shall be closer than 15 feet to the right of way or street.
H Principal Building Height No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar
accessories to buildings are exempt from this limitation.
I Frame Structures
A frame structure may be erected in a number two fire district if there is a minimum setback of 15 feet
on the side, rear, and front yards, and a two-hour fire wall is provided for walls that face the wall of
another structure or adjoin a lot where another structure may be built. If a property owner provides
a 30 Foot setback from all property lines so that no structure may ever be erected within 30 Feet of the
proposed or existing structure, then the two-hour fire wall may not be required.
Note: See Section 155.7.6, Mixed Use Commercial-Residential
Table of Uses
Outdoor Lighting
Sign Regulations
Definitions
Section 155.6.4
Article 155.10
Section 155.7.10
Appendix A
Section 155.2.10
Page 6-13
Article 155.6
155.6.5.6
C-4 Commercial District IV
A
Minimum Lot Area
B
Maximum Density
C
Minimum Lot Width
D
Minimum Lot Depth
E
F
which shall be developed for sidewalks, grass, plants, and the
necessary entrances and exits to driveways.
• Off-street parking shall be permitted in the front yard area
provided that 10 Feet of the yard area be developed and
used as a buffer adjacent to the existing or proposed street.
20 Feet
Conditional Use =
10,000 Square Feet
and motels
buildings
100 Feet, however, a parking lot
permitted as a conditional use
under this section is not subject
to this requirement.
30 Feet
G
H
20 Feet
Note: No portion of any building shall be closer than 30 Feet to the
right-of-way or street.
Note: A parking lot, as a conditional use, shall not be subject to
these dimension standards.
Table of Uses
Outdoor Lighting
Sign Regulations
Definitions
Section 155.6.4
Article 155.10
Section155. 7.10
Appendix A
Section 155.2.10
Page 6-14
Article 155.6
155.6.5.7
C-5 Commercial District V
A
Maximum Density
B
Minimum Lot Area
C
Minimum Lot Width
36 units per acre
for hotels and motels
10,000 Square Feet; A church
shall have a minimum lot area
of 24,000 Square Feet
100 Feet
D
Minimum Lot Depth
None
E
Front Yard
Minimum Setback
30 Feet which shall be
landscaped using shrubs,
grass, ground cover, and trees.
• A minimum of one tree for each 30 Linear Feet of property
frontage along the street right-of-way shall be required.
Required trees shall be broad leaf evergreens planted and
maintained such that at 15-year maturity, a continuous
shade producing tree shall result that will have a foliage
diameter or at least 24 Feet.
• Landscaping shall not obstruct vehicular sight lines at
points of exit from or entrance to streets.
• The property owner shall be responsible for continuous
maintenance of the landscaped area.
• Driveways to provide entrances and exits to the
property may be included in the 30 Foot front
yard setback.
• No commercial driveway shall go through a
residential zone to obtain access to any street.
• Off-street parking may be provided within the 30 Foot front yard setback, however, in all cases, 10 Feet of
the setback immediately adjacent to the right-of-way shall be developed as a landscaped area in
accordance with the requirements of Section 9.17.
• A sidewalk, a minimum of 5 Feet wide by 6 Inches thick of reinforced concrete shall be constructed within
the right-of-way immediately adjacent to the front property line. Such sidewalk shall extend across the
entire property frontage that adjoins such right-of-way.
F
Side Yard
Minimum Setback
10 Feet; except where the property adjoins a residential district in which case the side yard
setback shall be 20 Feet.
G
Rear Yard
Minimum Setback
20 Feet
Page 6-15
Article 155.6
155.6.5.7
H
I
C-5 Commercial District V (continued)
No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are
exempt from this limitation provided that building height shall be defined below:
• The vertical distance measured from a point in the center line of the street (whether public or private)
adjoining the front of the lot on which a structure is to be built or improved that is an equal distance from
the side lines extended to the center line of the adjoining street to the highest point of the coping of a flat
roof, to the ridge line of a mansard roof, to the ridge of a gable, hip or gambrel roof, or to the highest
point of a roof deck or hand rail. Elevator penthouses and necessary mechanical service equipment are
exempt from this height limitation provided they are properly screened. Also exempt are chimneys, solar
panels, and church steeples. For corner lots adjoining two streets or for those lots that do not adjoin a
street, the adjoining street for the purposes of this definition shall be the street which is the address of
the lot. Features which increase the heigh of the street at its center above its average grade, such as
speed bumps, shall be omitted in determining building height.
• In lieu of the definition set forth in Appendix A, when the following conditions are satisfied:
• The property owner or his agent requests that said definition be utilized as a conditional use
through an application submitted in accordance with Section 155.4.5;
• The Board of Aldermen shall find that the standards set forth in subsection 155.4.5.4 are met;
and
• The Board of Aldermen shall find, in addition to those matters set forth in subsection
155.4.5.4, that
• The conditional use, if permitted, will result in the retention of the natural terrain of
the subject property;
• The conditional use, if permitted, will reduce the impact on the natural environment
of the subject property and surrounding properties.
• In making its decision the Board of Aldermen shall comply in all respects with the provisions of this section
and Section 155.4.5.
Frame Structures
A frame structure may be erected in a number two fire district if there is a minimum setback of 15 feet on the side,
rear, and front yards, and a two-hour fire wall is provided for walls that face the wall of another structure or adjoin a
lot where another structure may be built. If a property owner provides a 30 Foot setback from all property lines so that
no structure may ever be erected within 30 Feet of the proposed or existing structure, then the two-hour fire wall may
not be required.
Table of Uses
Outdoor Lighting
Sign Regulations
Definitions
Section 155.6.4
Article 155.10
Section 155.7.10
Appendix A
Section 155.2.10
Page 6-16
Article 155.6
155.6.5.8
A
B
C
D
E
F
G
H
G-1 Public and Semipublic District
Minimum Lot Area
Minimum Lot Width
Minimum Lot Depth
5,000 Square Feet
50 Feet
None
7.5 Feet
Front Yard Minimum Setback*
(15 Feet for Frame Buildings)
7.5 Feet
Side Yard Minimum Setback*
7.5 Feet
Rear Yard Minimum Setback*
* Minimum front, side, and rear setbacks for a church shall be 15
Feet.
• No building shall exceed 40 feet in height. Spires, antennas,
limitation.
Accessory Building
May be located in the required rear yard setback provided:
• The building shall be 15 feet from the principal building
• Must be not less than 5 feet from any lot line; and
• Must not occupy more than 10% of the required rear yard.
Table of Uses
Outdoor Lighting
Sign Regulations
Definitions
Floor Area Ratio
Section 155.6.4
Article 155.10
Section 155.7.10
Appendix A
Section 155.2.10
Section155. 7.17
Article 155.8
Page 6-17
Article 155.6
155.6.5.9
A
B
C
D
E
F
G
H
PC Private Club District
Minimum Lot Area
24,000 Square Feet
Minimum Lot Width
150 Feet
15 Feet
which shall be developed for sidewalks, grass, plants, and necessary
entrances, exits, and driveways.
7.5 Feet
7.5 Feet
No portion of any building shall be closer to the street or highway
than 15 feet.
• No building shall exceed 40 feet in height. Spires, antennas,
limitation.
Accessory Building
May be placed on a lot provided that the building shall be 7.5 feet
from the principal building and located behind the rear building line.
Frame Structures
A frame structure may be erected in a number two fire district if
there is a minimum setback of 15 feet on the side, rear, and front
yards, and a two-hour fire wall is provided for walls that face the wall
of another structure or adjoin a lot where another structure may be
built. If a property owner provides a setback of 30 feet from all
property lines so that no structure may ever be erected within 30 feet
of the proposed or existing structure, then the two-hour fire wall may
not be required.
Table of Uses
Outdoor Lighting
Sign Regulations
Definitions
Floor Area Ratio
Section 155.6.4
Article 155.10
Section 155.7.10
Appendix A
Section 155.2.10
Section 155.7.17
Article 155.8
Page 6-18
Article 155.6
155.6.5.10 P-1 Conservation Zone
(A)
Within the conservation zone, designated as P-1 on the official zoning map, no lot or parcel
of land may be developed for any purpose except commercial piers (where the P-1 Zone
adjoins a zone permitting a marina), private piers (where the P-1 Zone adjoins a residential
zone) and ocean-related business activities as permitted in Chapter 92 of this code. There
shall be no clearing, disturbance, removal, burning, destruction, harming, cutting, or mowing
of trees, shrubs, or other natural vegetation in the P-1 Zone, except for: maintenance
necessary for public health, safety, or general welfare; clearing as is necessary to remove
damage caused by hurricane, flood, storm, fire, insects, or infectious organisms; or clearing
in conjunction with development of a pier permitted by this section.
(B)
The UDO Administrator or his or her designee, in consultation with applicable state and local
agencies, will determine when maintenance is necessary for the public health, safety, and
general welfare. Any property owner dissatisfied with the decision of the UDO Administrator
or his or her designee may appeal such decision to the Town Manager by delivering written
notice of appeal to the Town Manager within ten days of the decision of the UDO
Administrator or his or her designee. The decision of the Town Manager in this manner is
final.
155.6.5.11 S-1 Shore Zone
Within the shore zone, as indicated on the zoning map, which in the main is built up land
constructed by the state, the federal government, and the town, no lot or parcel of land shall be
used for any purpose whatsoever except in accordance with the following:
(A)
No structure shall be built or no land or parcel of land in this zone shall be used for any
purpose whatsoever unless application has been made to and permission granted by the
town in accordance with the terms, conditions, and specifications as the Board of Aldermen
may prescribe.
(B)
Permission shall not be granted by the Board of Aldermen for the use of any land or parcel
of land for the construction of any type building or structure except piers, municipally owned
or operated parks, recreation areas, or other municipal uses; except that those commercial
enterprises which were in existence on the original passage of this Ordinance, and which
have been used continuously as commercial enterprises since that time may continue the
same commercial use. There shall be no change to any other commercial use, nor any
expansion of any commercial use existing at that time.
Page 6-19
Article 155.6
(C)
Gazebos (shelters which are open on all sides) shall be permitted subject to plan approval
by the Board of Aldermen where land ownership is established.
(D)
Fences shall be limited to three feet in height. No fence shall extend beyond the established
bulkhead line or mean high water mark. Fence height shall be measured from grade at any
given point along the span of the fence.
(E)
No vehicular parking is permitted on any lot or parcel of land in this zone, provided, that this
restriction shall not apply to property owned by the town, the state, the United states
government or any agency of such entities.
(F)
No increase in impervious surface is permitted within the Shore Zone. For purposes of this
section, impervious surface shall include, but not be limited to, areas covered by concrete,
asphalt, crushed stone or gravel.
(G)
All development within the Shore Zone must be in compliance with both state and federal
regulations.
Page 6-20
Article 155.6
ARTICLE 155.7
SUPPLEMENTAL REGULATIONS
ARTICLE 155.7
SUPPLEMENTAL REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . 7-1
Section 155.7.1
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2
Section 155.7.2
Accessory Buildings/Structures . . . . . . . . . . . . . . . . . . . . . . 7-2
Section 155.7.3
Activities Operated Exclusively for Pleasure, Recreation, Etc.
Section 155.7.4
Health Care Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2
Section 155.7.5
Assembly Halls, Gymnasiums, and Other Similar Structures . . 7-3
Section 155.7.6
Mixed Use Commercial-Residential . . . . . . . . . . . . . . . . . . . . 7-3
Section 155.7.7
Car Wash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8
Section 155.7.8
Child Care Centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8
Section 155.7.9
Detached Garages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9
7-2
Section 155.7.10 Fences and Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9
Section 155.7.11 Financial Institutions/Banks . . . . . . . . . . . . . . . . . . . . . . . . . 7-10
Section 155.7.12 Floating Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-10
Section 155.7.13 Home Occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-12
Section 155.7.14 Nursing Home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-13
Section 155.7.15 Ocean-Related Business Activities . . . . . . . . . . . . . . . . . . . . 7-14
Section 155.7.16 Private Club . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-15
Section 155.7.17 Floor Area Ratio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-15
Section 155.7.18 Telecommunication Facilities and Support Towers . . . . . . . . . 7-15
155.7.18.1
Purpose and Intent . . . . . . . . . . . . . . . . . . . . 7-15
155.7.18.2
Approvals Required for Telecommunications
Facilities and Support Structures . . . . . . . . . . . 7-16
155.7.18.3
Structures Permitted by CUP . . . . . . . . . . . . . . 7-17
155.7.18.4
General Standards and Design Requirements . . 7-18
155.7.18.5
Miscellaneous Provisions . . . . . . . . . . . . . . . . . 7-21
155.7.18.6
Structures in Existence on the Date of Adoption
of this Ordinance . . . . . . . . . . . . . . . . . . . . . . 7-22
Section 155.7.19 Temporary Storage Containers . . . . . . . . . . . . . . . . . . . . . . 7-23
Section 155.7.20 Coffee Shops, No Food Prepared On Site . . . . . . . . . . . . . . . 7-24
Page 7-1
Article 155.7
ARTICLE 155.7 SUPPLEMENTAL REGULATIONS
SECTION 155.7.1 INTRODUCTION
The following supplemental regulations shall pertain to the various uses listed in the Table of Uses
located in Article 155.6. If not otherwise listed, these regulations shall be applicable in all districts
in which the individual uses are allowed.
For any use which requires the issuance of a conditional use permit, the supplemental use
regulations listed herein may be in addition to any other reasonable and appropriate conditions
placed on the use by the Board of Aldermen. The conditions may impose greater restrictions on
a particular use than those which are listed herein.
SECTION 155.7.2 ACCESSORY BUILDINGS/STRUCTURES
(A)
Accessory Buildings. Accessory buildings to residential uses are permitted provided that
no accessory building shall include habitable space or be rented or occupied for gain and
provided accessory building shall meet the minimum yard and height requirements as
defined in Section 155.6.5.
(B)
Accessory Structures. Accessory structures, as defined in Appendix A, are permitted
provided they are located in the rear yard and comply with all applicable rear and side yard
setbacks.
(C)
Any use that requires a conditional use permit would require a conditional use permit for
the addition of an accessory structure or building.
SECTION 155.7.3 ACTIVITIES OPERATED EXCLUSIVELY FOR PLEASURE, RECREATION, ETC.
Activities operated exclusively for pleasure, recreation, social, athletic, educational, research or
research-related purposes by a private business entity may be allowed pursuant to the use tables
provided in Section 155.6.4, provided that the entity shall have a contract with the town which
defines the terms and conditions under which its operations shall be performed.
SECTION 155.7.4 HEALTH CARE FACILITIES
As defined by NCGS 131E-256, shall not be located within a one-half (½) mile radius of an existing
health care facility.
Page 7-2
Article 155.7
SECTION 155.7.5 ASSEMBLY HALLS, GYMNASIUMS, AND OTHER SIMILAR STRUCTURES
Assembly halls, gymnasiums, and other similar structures may be allowed pursuant to the use
tables provided in Section 155.6.4, provided that no part of the net earnings of which inures to the
benefit of any person, club, corporation, shareholder, or any other legal entity.
SECTION 155.7.6 MIXED USE COMMERCIAL-RESIDENTIAL
(A)
Conceptual Plan Review.
(B)
Applicability. The procedures for conceptual plan review shall apply only to mixed use
It is the intent of the site analysis data and conceptual
development plan process to provide an opportunity for public input and to provide the
Board of Aldermen, UDO Administrator, Town Manager, the town staff, and other
appropriate state and federal agencies the opportunity to review and evaluate the impact
of a mixed use development proposal on the character of the area in which it is proposed
to be located. This process is intended to take into consideration the general form of the
land, density, and ratio of residential to commercial use before and after development as
well as the spatial relationships of the proposed structures, open spaces, landscaped areas,
and general access and circulation patterns as they relate to the proposed development and
the surrounding area, as well as any other criteria deemed relevant by the Board of
Aldermen.
commercial-residential projects as defined in Appendix A.
(C)
Procedures.
(1)
Application Submittal Requirements. No application shall be accepted in which the
proposed development exceeds the height limit of 40 feet. Applications for
conceptual development plan review shall be submitted to the UDO Administrator
on forms prescribed by the Town.
(a)
Forms shall include the name and address of the applicant, the name and
address of the owner of each zoning lot involved, and the relationship of the
applicant and property owner in connection with the plan.
(b)
If the applicant or property owner is an entity other than an individual, the
application shall also include the names and addresses of (i) all officers and
shareholders of a corporation, (ii) all members and managers of a limited
liability company, and (iii) all officers and members of an unincorporated
association. If a corporation or limited liability company is a shareholder of
a corporate applicant or a member of a limited liability company applicant,
Page 7-3
Article 155.7
the same information for such shareholder or member corporation or limited
liability company shall be provided.
(c)
The application shall also include a statement of the development
experience of the applicant as well as that of its officers and shareholders
if a corporation, its members and managers if a limited liability company,
and its officers and members if an unincorporated association.
(d)
The conceptual review application shall be accompanied by a plan, which
demonstrates a high quality of overall site design.
(e)
The conceptual development plan application shall include a written
statement which addresses the following:
(i)
The relationship and balance among site elements;
(ii)
The relationship of the development to natural features;
(iii)
The relationship of the development to neighboring developments
and undeveloped land; and
(iv)
The application shall also describe access and circulation systems,
retention of natural vegetation, alteration of natural topography,
mitigation of erosion and sedimentation, mitigation of stormwater
drainage and flooding, arrangement and orientation of buildings and
amenities in relation to each other and to neighboring developments
and streets, landscaping, preservation or enhancement of vistas, and
mitigation of traffic impacts.
(f)
The UDO Administrator shall prescribe any other material that may
reasonably be required to determine compliance with this section,
ordinances, and relationship to the town’s comprehensive plan.
(g)
No less than 15 copies of the requested materials shall be provided. More
copies may be requested if required for necessary referrals and records.
(h)
The application shall be accompanied by one set of plain letter-sized
envelopes, stamped, unsealed, and addressed to property owners within a
300-foot radius of the proposed development, as shown on the New
Hanover County tax listing, and bearing the return address of the town.
Page 7-4
Article 155.7
(2)
(i)
The conceptual development plan application shall be submitted together
with the fee as established from time to time by the Board of Aldermen.
(j)
The UDO Administrator shall accept no conceptual development plan
application unless it complies with such submittal requirements.
Applications that are not complete shall be returned forthwith to the
applicant, with a notation of the deficiencies in the applications.
Time Frame for Action on Concept Plans. Upon receipt of a complete conceptual
development plan application, the UDO Administrator shall forward all information
submitted by the applicant for review to each Town Department and other local,
state, or federal agencies as deemed necessary. The UDO Administrator shall
forward the application to the Board of Aldermen for review and consideration
within 45 days of receipt of a complete application.
(3)
Public Notice of Conceptual Development Plan Review. Not less than ten days prior
to the meeting at which the conceptual development plan will be reviewed by the
Board of Aldermen, notification of such review shall be mailed by first class mail to
all property owners within a 300-foot radius of the proposed development as shown
on the New Hanover County tax listings. In addition, a sign announcing the date,
time and location of all conceptual development plan review meetings shall be
posted on the development site, and the public right-of-way adjacent to where cars
enter and exit the town shall be posted not less than ten days prior to said
meetings. The UDO Administrator or his or her designee shall mail the property
notification and post the sites indicated above. The Town Clerk shall certify to the
Planning Board and Board of Aldermen that the required notices have been mailed.
(4)
Aspects of Review; Board of Aldermen Review.
(a)
The Board of Aldermen, in examining conceptual development plan
applications, shall consider the various aspects of design, with special
emphasis on whether the proposed development is consistent with the goals
and objectives of the town’s comprehensive plans, the height requirements
of this Ordinance, and the setback requirements of this Ordinance.
(b)
The Board of Aldermen shall consider public comments and shall base its
recommendation on its determination of whether or not the application
conforms to applicable provisions of this section, including but not limited
to the height, parking, and setback requirements, and the adopted
comprehensive plans.
Page 7-5
Article 155.7
(c)
The Board of Aldermen may appoint a subcommittee to review the
conceptual development plan application. The Mayor shall determine the
make-up of the subcommittee.
(d)
After considering public comments and the recommendations of the UDO
Administrator, Town Manager, the town staff, and other appropriate state
and federal agencies, the Board of Aldermen shall adopt a resolution
transmitting its preliminary recommendations to the applicant. Such
resolution may reject, modify, or approve the conceptual plan in whole or
in part. This resolution does not vest the applicant or property owner with
any rights, other than the right to submit a formal development plan and
request consideration of conditional use permit for mixed use development.
Mixed Use Conditional Use Permit Application.
(D)
After receipt of the conceptual plan
resolution from the Board of Aldermen, the applicant may apply for a conditional use permit
following the procedures set forth in Section 155.4.5. When reviewing the mixed use
conditional use permit, the Planning Board and Board of Aldermen shall consider all
standards and requirements set forth in Section 155.4.5 and the additional conditions set
forth in subsection (E) below.
(E)
Additional Conditional Use Permit Standards for Mixed Use Development. In addition to
meeting the standards for a conditional use permit as set forth in Section 155.4.5, each
mixed use development must meet the following additional conditions:
(1)
That the proposed development provides open space in accordance with Section
155.2.10 (Open Space), including the proposed method for the maintenance and
conservation of said open space.
(2)
That all stages contained in the preliminary development plan can exist as a
compatible and feasible independent development.
(3)
That adequate measures have been or will be taken to provide ingress and egress
designed so as to minimize traffic congestion in the public streets. This may include
provisions for bicycling, walking, and other alternatives to the automobile. In
addition, that adequate primary streets and thoroughfares are available to support
traffic generated within the proposed mixed use development.
(4)
That the public benefits derived from the proposed development justify the
requested departure from the standard zoning district requirements.
Page 7-6
Article 155.7
(F)
(5)
That important natural amenities, to include but not be limited to primary dunes as
defined by the Coastal Area Management Act (CAMA), trees, vegetative buffers, and
scenic views and vistas on the site and in the surrounding area of the proposed
development are preserved.
(6)
That the proposed development meets the spirit and intent of the adopted CAMA
land use plan.
(7)
That the proposed development meets all required parking standards unless such
standards are reduced or an exception is granted to such standards in accordance
with Article 155.9, Part I.
Public Notice Requirement for Mixed Use Developments. Application for a mixed use
conditional use permit (“MUCUP”) shall be filed with the UDO Administrator or his or her
designee on a form prescribed by the Town. The application shall be accompanied by such
plans and data prescribed by the UDO Administrator, four sets of plain letter-sized
envelopes, stamped, unsealed, and addressed to property owners within a 300-foot radius
of the proposed development as shown on the New Hanover County tax listing, and bearing
the return address of the town, together with the fee as established from time to time by
the Board of Aldermen. The applicant shall include a statement in writing, supported by
adequate evidence, that the proposed MUCUP will conform to the standards set forth in
Sections 155.4.5 and 155.7.7(E). Notice that the MUCUP will be considered shall be mailed
by first class mail to all property owners within a 300-foot radius as shown on the New
Hanover County tax listing at the last addresses listed for such property owners on the New
Hanover County tax abstracts, not less than 14 days prior to the public hearings at which
the application will be considered. In addition, the proposed development site and the
public right-of-way adjacent to where cars enter and exit the town shall be posted with a
sign announcing the date, time, and location of all Planning Board meetings and the Board
of Aldermen meetings at which the application is to be considered not less than ten days
prior to said meetings. The Town Clerk shall certify to the Planning Board and Board of
Aldermen that the required notices have been mailed. The Planning Board, after its review
of the application and supporting documents, shall send its written findings and
recommendations to the Board of Aldermen for action.
(G)
Certain Construction Within the Front Building Setback Allowed for Mixed Use Development.
Notwithstanding anything in the town’s ordinances to the contrary, in approving a mixed
use conditional use permit pursuant to subsections (A) through (F), the Board of Aldermen
may allow for the construction of (i) vertical public accesses (e.g., stairwells, elevators) for
means of ingress and egress, and (ii) vertical shaftways for elevator system components
and fire protection systems within the established front building setback upon a finding by
the Board of Aldermen that the proposed construction within the front setback:
Page 7-7
Article 155.7
(1)
Does not materially impede vehicle, bicycle or pedestrian vision from any adjacent
street or highway;
(2)
Does not negatively impact any scenic views from properties adjacent to the mixed
use development;
(3)
Is not objected to by the town’s Fire, Police, and Public Works Departments;
(4)
Is offset by an equal amount of pervious green space within the building footprint
of the mixed use development.
(5)
Is located no nearer than 15 feet to the existing edge of any sidewalk or pavement
on any street or highway, whichever is more restrictive;
(6)
Is located no nearer than 20 feet to any corner of the mixed use building that is
adjacent to a side property line; and
(7)
Does not otherwise endanger the public health, safety or welfare.
SECTION 155.7.7 CAR WASH
Car washes shall be permitted in accordance with the use tables in Section 155.6.4, subject to the
following:
(A)
No storage, repair, or sales of vehicles shall be allowed on the site.
(B)
Provisions shall be made for an on-site drainage system to capture water used to wash
vehicles; or provide connections to an approved sanitary sewer system.
(C)
Vehicle stacking shall be provided as required by Article 155.9, Part I.
(D)
Accessory sales or services are not permitted.
SECTION 155.7.8 CHILD CARE CENTERS
Child care centers may be allowed pursuant to the use tables provided in Section 155.6.4, subject
to the following standards:
(A)
Licensing. A child care facility shall be licensed by the New Hanover County Health
Department and the NC Division of Child Development.
Page 7-8
Article 155.7
(B)
Vehicle Circulation. In addition to the requirements of Article 155.9, Part I, an applicant for
a child care center shall provide a vehicular circulation plan showing on-site queuing and
circulation based upon the location and number of patrons that utilize the facility.
(C)
Recreational Facilities. Outdoor recreational facilities shall be located in the rear yard.
(D)
Landscaping. In addition to the landscaping requirements of Article 155.9, Part IV, one
additional shade tree per 1,000 square feet of outdoor play or activity area shall be
installed.
(E)
Setbacks from Residential. All stationary play equipment, dumpsters, garbage cans, or
recycling bins, and similar equipment shall be located at least 20 feet from any abutting
residential property line.
(F)
Hours of Operation. Child care centers adjacent to residential areas shall not operate
between the hours of 7:00 pm and 6:00 am.
(G)
Parking. Parking areas for child care centers shall be located to the side or rear of the
building.
SECTION 155.7.9 DETACHED GARAGES
Detached garages may be allowed pursuant to the use tables provided in Section 6.4, provided
they comply with the requirements outlined in subsections 155.6.5.1, 155.6.5.2, and
155.11.18(H)(1).
SECTION 155.7.10 FENCES AND WALLS
(A)
Intent. This section regulates fences located between the property line and the setback line
(B)
Fences.
on any lot. Fences elsewhere on the property (for example, an outdoor shower privacy
screen) are considered part of the primary or accessory structure and are not regulated by
this section. The intent of this section is to ensure that physical boundaries between
properties do not interfere significantly with visibility or air movement on adjoining
properties.
(1)
Maximum fence height shall be measured from grade at any given point along the
span of a fence. Maximum permitted height of fences shall be as follows:
(a)
Fences constructed adjacent to any street right-of-way from which there is
vehicular access to a lot shall not exceed four feet in height.
Page 7-9
Article 155.7
(C)
(b)
Fences located within the front yard setback of a lot shall not exceed four
feet in height.
(c)
Fences not restricted as set forth in sections (a) or (b) above shall not
exceed six feet in height.
(d)
Fences located within the triangular area as stated in subsection (C) of a
corner lot shall not exceed three feet in height.
(2)
No person shall undertake construction of a fence without first acquiring a permit
from the Town. Applications for construction of fences shall be submitted on forms
prepared by the UDO Administrator and shall include a site plan showing the
location of the fence, the proposed distance from any property line, the proposed
height and a cross section of the fence. Corner lots shall indicate compliance with
subsection (C). All fences must comply with the town's floodplain ordinances, the
North Carolina State Building Code and any applicable wind load requirements.
(3)
This section shall not supersede any buffering or fencing requirements established
by this Ordinance.
(4)
No chain link fences are allowed in the R-1 and R-2 districts.
Corner Lot Visibility. All fences shall comply with the requirements of Section 155.2.6.
SECTION 155.7.11 FINANCIAL INSTITUTIONS/BANKS
Financial institutions with a drive-through may be allowed pursuant to the use tables provided in
Section 155.6.4, subject to the following standards:
(A)
Stacking lanes for drive-through windows shall be located so as to avoid conflict with the
normal flow of traffic on the site.
(B)
A vehicle pass-by lane shall be constructed adjacent to each window to provide for
complete, unimpeded circulation throughout the site.
SECTION 155.7.12 FLOATING HOMES
Floating homes may be allowed pursuant to the use tables provided in Section 6.4, subject to the
following standards:
Page 7-10
Article 155.7
(A)
Floating Homes Prohibited Except in Permitted Districts. It shall be unlawful for any
floating home to dock, moor, anchor, or remain within the waters within the zoning
jurisdiction of the town except in permitted commercial marinas.
(B)
(C)
Prohibited Acts and Activities Regarding Floating Homes.
(1)
It shall be unlawful for any person to occupy, or cause or permit another person to
occupy any floating home within the zoning jurisdiction of the town except in
permitted commercial marinas.
(2)
It shall be unlawful for any person to cause or allow a home located on or docked
or moored to his property to be in violation of this Ordinance.
Floating Home Requirements.
(1)
Not more than one dwelling unit per floating home shall be permitted.
(2)
The height of a floating home shall not exceed 16 feet above the water line;
provided that antennas, removable canopies, masts, and electronic and navigational
equipment shall not be included in making this height determination.
(3)
Floating homes shall be moored to provide a clear waterway projection between
adjacent floating homes or vessels of six feet on all sides.
(4)
All walkways or gangways providing access to any floating home shall comply with
the following requirements:
(a)
Be constructed in accordance with the pier and dock ordinance of the town;
(b)
Be lighted to provide illumination of 0.1 foot-candles at the deck level, but
in no case less than 0.05 foot-candles.
(5)
A minimum of two off-street parking spaces per floating home shall be provided on
shore.
(6)
Each marina shall provide for each floating home permanent water and sewer
systems approved by the Public Works Department of the town. Each floating
home shall be connected to such water and sewer system. All wastewater piping
from the floating homes shall be constructed in accordance with the North Carolina
State Plumbing Code and all water and sewer connections to the public utility
system shall be as prescribed under Federal and State Safe Drinking Water Acts.
No overboard discharge openings through the hull or home shall be permitted
Page 7-11
Article 155.7
except for one dewatering pipe, which may not be connected to wastewater piping
or to any bilge or sump into which wastewater drains. For purposes of this section,
wastewater shall include bathwater, dishwater, and other greywater as well as
sewage.
(7)
All electrical wiring running on docks and/or shore from the distribution center to
the point of supply on the floating home shall conform to the National Electrical
Code.
(8)
A system for the collection and removal of solid wastes approved by the Public
Works Department of the town shall be provided by each marina.
(9)
Each marina shall provide a drypipe fire fighting system approved by the Fire Chief
of the Fire Department and constructed in accordance with the provisions of the
pier and dock ordinance of the town.
(10)
A minimum of 2,000 square feet of gross land area contiguous to the docks
provided for floating homes and above mean high water shall be provided on-shore
for each floating home.
(11)
A site plan shall be submitted for approval in connection with the application for a
conditional use permit, such plan to include all improvements as required by this
section.
(12)
Any commercial marinas in which floating homes are located on the date of
adoption of this Ordinance shall have six months from the date of adoption to
comply with all requirements of this Ordinance.
SECTION 155.7.13 HOME OCCUPATIONS
(A)
This section is intended to regulate the operation of an occupation within a dwelling unit
to minimize the impact to surrounding residential uses and maintain the character of the
town's residential areas.
(B)
Home occupations are permitted in the following zoning districts: R-1, R-2, C-1, C-2, C-3,
and C-4, provided that:
(1)
Only one person other than residents of the dwelling unit shall be engaged in such
occupation;
Page 7-12
Article 155.7
(2)
Not more than 250 square feet of the floor area of the dwelling unit shall be used
in the operation of the home occupation;
(3)
Permitted home occupations shall be limited to office and professional use and
homecrafts;
(4)
There shall be no change in the outside appearace of the dwelling or premises, or
other visible evidence of the operation of the home occupation;
(5)
There shall be no rental of goods or equipment.
(6)
No traffic shall be generated by the home occupation which will exceed the normal
volumes of traffic anticipated within the residential area;
(7)
No equipment or process shall be used in connection with the home occupation
which will create noise, vibration, fumes, or electrical interference not customarily
associated with the operation of a household;
(8)
No vehicles other than typical passenger vehicles, ½-ton pickup trucks, and
standard step vans shall be used in connection with the home occupation. Offstreet parking requirements shall be as set forth in Article 155.9, Part I; and
(9)
The home occupation shall be carried out solely within the principal dwelling unit.
There shall be no display or storing of goods or supplies so as to be visible from the
street or adjoining properties.
SECTION 155.7.14 NURSING HOME
A nursing home may be allowed pursuant to the use tables provided in Section 155.6.4, subject
to the following standards:
(A)
A landscaped buffer shall be provided, at a minimum, between a nursing home and all
abutting residential districts.
(B)
There shall be at a minimum fifty (50) feet of road frontage.
(C)
Adequate provisions shall be made for service vehicles with access to the building at a side
or rear entrance, and without backing onto rights-of-way to exit the property.
Page 7-13
Article 155.7
SECTION 155.7.15 OCEAN-RELATED BUSINESS ACTIVITIES
A business engaged in ocean-related business activities may operate on the beach front pursuant
to the use tables provided in Section 155.6.4, subject to the following terms and conditions:
(A)
Such business shall only operate pursuant to an annual permit issued by the town. Such
permit shall expire on January 1 of each year. A fee established by the Board of Aldermen
shall be charged for such permit.
(B)
Each business to which an annual permit is issued shall be required to maintain a general
liability insurance policy with the town named as an additional insured and worker’s
compensation insurance as required by the State of North Carolina. Prior to the issuance
of a permit, the business must provide the town with evidence that such insurance is in
force.
(C)
Such business shall purchase the required privilege license in addition to the permit
required in the preceding subsection.
(D)
Hours of operation of such business shall be limited to 7:00 a.m. to 8:00 p.m. Businesses
engaged in teaching surfing, paddle boarding, and kite boarding shall not operate between
the hours of 10:00 a.m. and 4:00 p.m. on Easter, Memorial Day, 4th of July, and Labor
Day.
(E)
The geographical area of operation of such businesses shall be the “ designated surfing
areas” as established under the provisions of Chapter 92.12 of the Code of Ordinances.
Provided that this limitation shall not apply to the rental of chairs and umbrellas by hotels
located immediately adjacent to the beach front.
(F)
Any representative of such business when operating on the beach front shall have a copy
of the permit required under subsection (A) above immediately available at all times that
such business operations are taking place.
(G)
No sale or rental of merchandise or equipment shall be conducted in connection with the
operation of such business on the beach front. No payment of any fees shall be accepted
by such business on the beach front. Any rental or sales of merchandise or equipment or
payment for such items and for personal services must be carried out at the primary
business location of such business.
Page 7-14
Article 155.7
SECTION 155.7.16 PRIVATE CLUB
Private clubs may be allowed pursuant to the use tables provided in Section 155.6.4, however:
(A)
No private club shall be allowed on any property within any residential zone; and
(B)
No residential units shall be permitted in a private club.
SECTION 155.7.17 FLOOR AREA RATIO
(A)
It is the intent of this section to control the relationship of lot size to the size or bulk of any
building constructed on such lot in an effort to maintain the neighborhood identities that
prevail within the town.
(B)
The allowable Floor Area Ratio for single-family and duplex structures shall not exceed a
ratio of 0.7.
(C)
The square footage of porches and decks may not exceed 25% of the allowable square
footage as determined by the Floor Area Ratio permitted by subsection (B) of this section.
Provided that in cases where the permitted measured area is not fully utilized, unutilized
measured area may be traded for additional porch and deck space. The trade ratio shall
be 1:1.
(D)
A single-family or duplex structure having habitable space (as defined in Appendix A) below
the Base Flood Elevation (as defined in Appendix A) that was created prior to November
11, 1974, may be reconfigured so that such habitable space is relocated above Base Flood
Elevation. After such reconfiguration, the ratio of measured area (as defined herein above)
to lot square footage shall be the greater of that permitted by subsection (B) and
subsection (C) of this section; or, that created by adding the measured area above Base
Flood Elevation that existed before the reconfiguration and the square footage of the
habitable space below Base Flood Elevation that existed before the reconfiguration.
SECTION 155.7.18 TELECOMMUNICATION FACILITIES AND SUPPORT TOWERS
155.7.18.1
Purpose and Intent
The purpose of this section is to ensure that residents and businesses in the Town of Wrightsville
Beach have reliable access to wireless telecommunications networks and state of the art
communications services while also ensuring that this objective is achieved in a fashion that
preserves the intrinsic aesthetic character of the community and is accomplished according to the
Town of Wrightsville Beach’s zoning, planning and design standards. The Telecommunication Act
of 1996 preserved, with certain limitations, local government land use and zoning authority
Page 7-15
Article 155.7
concerning the placement, construction, and modification of wireless telecommunications facilities.
The Town of Wrightsville Beach recognizes that facilitating the development of wireless service
technology can be an economic development asset to the Town of Wrightsville Beach and a
significant benefit to residents. This section establishes parameters for the siting of Wireless
Telecommunications Facilities. It is the intent of this section to:
(A)
Ensure access to reliable wireless telecommunications services throughout all areas of the
Town of Wrightsville Beach;
(B)
Encourage the use of existing monopoles, towers, utility poles and other structures for the
collocation of telecommunications facilities;
(C)
Encourage the location of new monopoles and towers in non-residential areas;
(D)
Minimize the number of new monopoles and towers that would otherwise need to be
constructed by providing incentives for the use of existing structures;
(E)
Encourage the location of monopoles and towers, to the extent possible in areas where the
adverse impact on the community will be minimal;
(F)
Minimize the potential adverse effects associated with the construction of monopoles and
towers through the implementation of reasonable design, landscaping and construction
practices;
(G)
Ensure public health, safety, welfare and conveniences; and
(H)
Conform to Federal and State laws that allow certain antennas to be exempt from local
regulations.
155.7.18.2
(A)
Approvals Required for Telecommunications Facilities and Support
Structures
Conditional Use Permit. New telecommunications facilities and new support structures up
to fifty (50) feet in height shall be permitted in the C-3, C-4, and C-5 Commercial Districts
and the Public and Semi-Public Zoning District (G-1) after Planning Board review and upon
the granting of a Conditional Use Permit (CUP) from the Board of Aldermen in accordance
with the Standards set forth in this Ordinance. Provided, the height of such facilities and
structures shall be limited to forty (40) feet if the facility or structure is located in an Area
of Environmental Concern ("AEC") as established under the Coastal Area Management Act,
as amended.
Page 7-16
Article 155.7
(B)
Exempt. Ordinary maintenance of existing telecommunications facilities and support
structures, as defined herein, shall be exempt from zoning and permitting requirements.
In addition, the following facilities are not subject to the provisions of this subsection:(1)
antennas used by residential households solely for broadcast radio and television; (2)
satellite antennas used solely for residential or household purposes; (3) COWs placed for
a period of not more than one hundred twenty (120) days at any location within the Town
of Wrightsville Beach after a declaration of an emergency or a disaster by the Governor or
by the responsible official of the Town of Wrightsville Beach; and (4) television and AM/FM
radio broadcast towers and associate facilities.
155.7.18.3 Telecommunications Facilities and Support Structures Permitted by CUP
All Conditional Use Permit applications for Telecommunications Facilities and Support Structures
must contain the following:
(A)
Conditional Use Permit Application form signed by applicant (refer to Section 155.4.5).
(B)
A copy of lease or letter of authorization from the property owner evidencing applicant’s
authority to pursue zoning application.
(C)
Written description and scaled drawings of the proposed Support Structure, including
structure height, ground and structure design, and proposed materials.
(D)
Number and type of proposed Antennas and their height above ground level, including the
proposed placement of Antennas on the Support Structure.
(E)
When locating adjacent to a residential area, a written technical and operational analysis
of why a support structure at a height of less than fifty (50) feet cannot be used.
(F)
Line-of-sight diagram or photo simulation, showing the proposed Support Structure set
against the skyline and viewed from at least four (4) directions within the surrounding
areas.
(G)
A statement justifying why Collocation is not feasible. Such statement shall include:
(1)
Such technical information and other justification as is necessary to document the
reasons why collocation is not a viable option; and
(2)
The applicant shall provide a list of all existing structures considered as alternatives
to the proposed location. The applicant shall provide a written explanation why the
alternatives considered were either unacceptable or infeasible due to technical,
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Article 155.7
physical, or financial reasons. If an existing tower was listed among the
alternatives, applicant must specifically address why the modification of such tower
is not a viable option.
(3)
(H)
A statement that the proposed Support Structure will be made available for
Collocation to other service providers at commercially reasonable rates.
Conditional Use Permit application fee.
155.7.18.4 General Standards and Design Requirements
(A)
Design.
(1)
(B)
Support Structures shall be subject to the following:
(a)
Support Structures shall be designed to accommodate at least two (2)
telecommunications providers.
(b)
The compound area surrounding the Support Structure must be of sufficient
size to accommodate Accessory Equipment for at least two (2)
telecommunications providers.
(c)
Unless otherwise required by the Federal Communications Commission, the
Federal Aviation Administration, or the Town of Wrightsville Beach, Support
Structures shall be galvanized silver or gray finish.
(2)
Stealth Telecommunications Facilities shall be designed to accommodate the
Collocation of other Antennas whenever economically and technically feasible or
aesthetically appropriate, as determined by the Board of Aldermen.
(3)
Upon request of the Applicant, the Board of Aldermen may waive the requirement
that new Support Structures accommodate the collocation of other service providers
if it finds that collocation at the site is not essential to the public interest, or that the
construction of a shorter support structure with fewer Antennas will promote
community compatibility.
Setbacks.
(1)
Property Lines. Unless otherwise stated herein, Support Structures shall be setback
from all property lines a distance equal to their height measured from the base of
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Article 155.7
the structure to its highest point. Other Support Structures shall be governed by
the setbacks required by the underlying zoning district.
(2)
Residential Dwellings. Unless otherwise stated herein, Support Structures shall be
setback from all off-site residential dwellings a distance equal to the height of the
structure. There shall be no setback requirement from dwellings located on the
same parcel as the proposed structure. Existing or Replacement utility poles shall
not be subject to a setback requirement.
(C)
(3)
Unless otherwise stated herein, all Accessory Equipment shall be setback from all
property lines in accordance with the minimum setback requirements in the
underlying zoning district. Accessory Equipment associated with an existing or
Replacement utility pole shall not be subject to a setback requirement.
(4)
The Board of Aldermen shall have the authority to reduce or waive any required
setback upon the request of the applicant if the Telecommunications Facility or
Support Structure will be less visible as a result of the diminished setback. The
Board of Aldermen must also find that the reduction or waiver of the setback is
consistent with the purposes and intent of this Ordinance. The structure must still
meet the underlying setback requirements of the zoning district.
Height. Height shall be measured from the natural undisturbed ground surface below the
center of the tower base to the top of the tower, including the highest antenna or piece of
equipment attached thereto.
(1)
In non-residential districts, Support Structures shall not exceed a height of fifty (50)
feet from the base of the structure to the top of the highest point. Any proposed
Support Structure shall be designed to be the minimum height needed to meet the
service objectives of the applicant.
(2)
Support Structures and Antennas located on buildings shall not exceed fifteen (15)
feet in height. Roof-mounted antennas extending over five (5) feet above the
principle building shall be located behind a façade that blends with the principle
building.
(3)
In all districts, the Board of Aldermen shall have the authority to reduce or waive
the height restrictions listed in this section upon the receipt of a Variance request
from applicant and a satisfactory showing of the need for a greater height. With
its Variance request the Applicant shall submit such technical information or other
justification as are necessary to document the need for the additional height to the
satisfaction of the Board of Aldermen.
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Article 155.7
(D)
Aesthetics.
(1)
Lighting and Marking. Telecommunications Facilities or Support Structures shall not
be lighted or marked unless required by the Federal Communications Commission
or the Federal Aviation Administration (FAA). Any additional lighting beyond
minimum FAA requirements must be approved by the Board of Aldermen. If
approved, the lighting shall be shielded and oriented so as not to project directly
onto adjacent property, and so as to minimize glare onto adjacent property and
streets.
(2)
Signage. Signs on any portion of a tower and/or related accessory building, fence,
or wall shall be prohibited with the following exceptions:
(E)
(a)
A two (2) square foot sign located at the Telecommunications Facility shall
be limited to ownership and contact information, FCC antenna registration
number (if required) and any other information as required by government
regulation. Commercial advertising is strictly prohibited.
(b)
Warning signs may be placed on the premises. Equipment Information
Signs may be placed at appropriate locations as determined by the UDO
Administrator or his/her designee.
(c)
A freestanding sign may be permitted only if the lot also contains the main
business office of the telecommunications server.
(d)
A sign permit is required whenever a sign is allowed.
Landscaping. In all districts, the Board of Aldermen shall have the authority to impose
reasonable landscaping requirements surrounding the Accessory Equipment. Required
landscaping shall be consistent with surrounding vegetation and shall be maintained by the
facility owner. The Board of Aldermen may choose to not require landscaping for sites that
are not visible from the public right-of-way or adjacent property or in instances where in
the judgment of the Board of Aldermen, landscaping is not appropriate or necessary.
(F)
Accessory Equipment, including any buildings, cabinets or shelters, shall be used only to
house equipment and other supplies in support of the operation of the Telecommunications
Facility or Support Structure. Any equipment not used in direct support of such operation
shall not be stored on the site.
(1)
An equipment building, shelter or cabinet must not exceed five hundred sixty (560)
square feet and twelve (12) feet in height, including the support structure for the
equipment.
Page 7-20
Article 155.7
(2)
Equipment buildings must comply with Local, State and Federal Flood Zone
Restrictions.
(3)
Exception to height restriction. Upon the Applicant’s request, the Board of
Aldermen may waive the height restriction to allow for the stacking of equipment
on top of each other. The Board of Aldermen must find that there is a practical
necessity for the stacking of the equipment and that any resulting impact on
adjoining properties is minimal or may be minimized by requiring appropriate
screening. The Board of Aldermen may also waive the height restriction where a
higher support structure is needed to raise the equipment above a slope or
floodplain.
(4)
If the Accessory Equipment is adjacent to or visible from a residential zone, the
Board of Aldermen may require that the building or shelter be faced with brick or
other suitable material on all sides and that the compound area is surrounded by
landscaping providing a screen of at least three (3) feet in height at installation.
The Accessory Equipment must conform to the setback standards of the applicable
zone. In the situation of stacked equipment buildings, additional screening/
landscaping measures may be required by the Board of Aldermen.
155.7.18.5 Miscellaneous Provisions
(A)
(B)
Safety.
(1)
Ground mounted Accessory Equipment and Support Structures shall be secured and
enclosed with fence not less than six (6) feet in height as deemed appropriate by
the Board of Aldermen and must comply with the UDO. Barbed wire, razor ribbon,
concertina wire and other similar security measures shall be prohibited.
(2)
The Board of Aldermen may waive the requirement of subsection (1) above if it is
deemed that a fence is not appropriate or needed at the proposed location.
Abandonment and Removal.
(1)
Abandonment. Any Telecommunications Facility or Support Structure that is not
operated for a period of twelve (12) consecutive months shall be considered
abandoned. A telecommunications facility is unauthorized if the franchise of the
applicable telecommunications provider has expired or has never been obtained, if
the facility has been abandoned, or if the construction of the facility was not in
compliance with this Ordinance and the conditional use permit. A utility pole shall
be deemed abandoned whenever all wires, lines, cables and other facilities have
been removed from the pole for a period of twelve (12) months or more.
Page 7-21
Article 155.7
(2)
Removal. Any tower or part of a tower that ceases to be used for communications
broadcasting and/or broadcast receiving shall be removed by the tower owner at
the tower owner’s expense, along with any and all associated structure. The owner
of the Telecommunications Facility or Support Structure shall remove the Facility
within six (6) months of its abandonment. Upon removal, the site shall be
revegetated to blend with the existing surrounding vegetation. In the event that
a tower is not removed by the tower owner in the specified time, the tower and
associated structures may be removed by the Town and the costs of removal
assessed against the tower or property owner. The Town of Wrightsville Beach
shall ensure and enforce removal by means of its existing regulatory authority.
(C)
Multiple Uses on a Single Parcel or Lot.
Structures may be located on a parcel containing another principal use on the same site.
155.7.18.6
Telecommunications Facilities and Support Structures in Existence on the
Date of Adoption of this Ordinance
(A)
Telecommunications Facilities and Support Structures that were legally permitted on or
before the date this Ordinance was enacted shall be considered a permitted nonconforming
use.
(B)
Non-Conforming Telecommunications Facility.
(C)
(1)
Non-Conforming Antennas or Accessory Equipment: Ordinary Maintenance may be
performed on Non-Conforming Antennas and Accessory Equipment.
(2)
Minor Modifications to non-conforming Telecommunications Facilities may be
permitted upon the granting of approval by the UDO Administrator and Public
Works Director.
(3)
Major Modifications to non-conforming Telecommunications Facilities may be
permitted only upon the granting of conditional use permit approval by the Board
of Aldermen.
Non-Conforming Support Structures.
(1)
Non-Conforming Support Structures: Ordinary Maintenance may be performed on
a Non-Conforming Support Structure.
(2)
Collocation of Telecommunications Facilities on an existing non-conforming Support
Structure is permitted upon the granting of a conditional use permit.
Page 7-22
Article 155.7
(3)
Minor Modifications may be made to non-conforming Support Structures to allow
for Collocation of Telecommunications Facilities. Such Minor Modifications shall be
permitted by approval by the UDO Administrator and the Public Works Director.
(4)
Major Modifications may be made to non-conforming Support Structures only upon
the granting of a conditional use permit approval by the Board of Aldermen.
SECTION 155.7.19 TEMPORARY STORAGE CONTAINERS
(A)
(B)
Temporary storage containers are defined as:
(1)
Containers no larger in dimension than 8 ft x 8 ft 6 in x 16 ft and transported to a
designated location for temporary storage purposes, including moving (typically
known as PODS).
(2)
Containers designed or used on property zoned or used for residential property for
the collection and hauling of waste or debris, including but not limited to roll-off
containers or boxes and bin containers (construction dumpsters).
(3)
Non self-propelled, fully enclosed trailers that are designed or used to transport
goods, materials and equipment and are placed on property zoned or used for
residential purposes (semi-trailers).
Temporary storage containers may be allowed pursuant to the uses tables contained in
Section 155.6.4, upon compliance with all of the following:
(1)
No more than two (2) temporary storage containers shall be located on a single lot
or parcel of land.
(2)
No other type of container or shipping container is located on the same lot or parcel
of land.
(3)
Temporary storage containers shall not be used to store or transport nonresidential
materials and substances, including but not limited to the following: solid waste,
hazardous materials, explosives and unlawful substances and materials.
(4)
Permits issued for temporary storage containers will be issued incident to an active
building permit. Subsequent to issuance of a certificate of occupancy all temporary
storage containers must be removed within thirty (30) days. The owner of a lot or
parcel on which a dumpster will be placed shall be jointly responsible for providing
notice to the UDO Administrator within twenty-four (24) hours of the placement.
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Article 155.7
The placement of the storage container will require the issuance of a permit through
the Town of Wrightsville Beach Planning Department. The UDO Administrator may
approve an extension by issuing a permit up to ninety (90) days, upon determining
all of the following:
(a)
That a principal residential structure is damaged or dilapidated.
(b)
That the residential structure will undergo renovation, repair or
reconstruction during the extension.
(c)
That a building permit has been issued for the renovation, repair or
reconstruction, if required, and remains valid during the extension.
(d)
That the temporary storage container will not be used to store
nonresidential materials and equipment such as contractor’s materials and
equipment during the extension. Temporary storage containers shall
comply with the following setbacks:
-
If a temporary storage container is placed in the required front yard,
then the temporary storage container shall be located only in the
area primarily used for vehicular ingress and egress and must have
five (5) feet setback from the edge of the paved right of way, unless
otherwise approved by the UDO Administrator.
-
If a temporary storage container is placed in the required rear or
side yard, no setback shall be required except that no temporary
storage container shall encroach upon adjacent property.
(5)
Temporary storage containers (PODS) for the purposes of moving may be at a
location for no more than thirty (30) days in any six (6) month period.
(6)
Temporary storage containers shall be constructed of noncombustible materials.
SECTION 155.7.20 COFFEE SHOP, NO FOOD PREPARED ON SITE
Coffee shops with no food prepared on site shall be permitted in accordance with the use tables
in Section 155.6.4, subject to the following:
(A)
No outdoor seating is allowed.
(B)
No accessory uses shall be permitted in conjunction with the coffee shop.
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Article 155.7
ARTICLE 155.8
NONCONFORMING SITUATIONS
ARTICLE 155.8
NONCONFORMING SITUATIONS . . . . . . . . . . . . . . . . . . . . . 8-1
PART I.
GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2
Section 155.8.1
Minimum Single Lot Requirements . . . . . . . . . . . . . . . . . . . . 8-2
Section 155.8.2
Minimum Multi-Lot Requirements . . . . . . . . . . . . . . . . . . . . 8-2
Section 155.8.3
Extension of Enlargement of Nonconforming Situations
Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2
Section 155.8.4
Elevation of Nonconforming Structures in Order to
Comply with Flood Ordinances . . . . . . . . . . . . . . . . . . . . . . 8-2
Section 155.8.5
Change in Nonconforming Situation . . . . . . . . . . . . . . . . . . . 8-3
Section 155.8.6
Discontinuance or Abandonment . . . . . . . . . . . . . . . . . . . . . 8-3
Section 155.8.7
Compliance with Flood Ordinance . . . . . . . . . . . . . . . . . . . . 8-3
PART II.
NONCONFORMING STRUCTURES . . . . . . . . . . . . . . . . . . . . 8-3
Section 155.8.8
PART III.
SINGLE-FAMILY AND DUPLEX STRUCTURES . . . . . . . . . . . 8-4
Section 155.8.9
PART IV.
OCEANFRONT FISHING PIERS . . . . . . . . . . . . . . . . . . . . . . 8-6
Section 155.8.11
PART VI.
MULTI-FAMILY STRUCTURES . . . . . . . . . . . . . . . . . . . . . . . 8-5
Section 155.8.10
PART V.
Repairs and Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . 8-3
NONCONFORMING USES . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-8
Section 155.8.12
Section 155.8.13
Relocation of Nonconforming Use . . . . . . . . . . . . . . . . . . . . 8-9
Section 155.8.14
Change in Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-9
PART VII.
DAMAGE OR DESTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . 8-9
Section 155.8.15
Reconstruction Damage Less Than 50% . . . . . . . . . . . . . . . 8-9
Section 155.8.16
Reconstruction Damage More Than 50% . . . . . . . . . . . . . . . 8-10
Section 155.8.17
Increase in Extent of Nonconformity . . . . . . . . . . . . . . . . . . 8-10
Section 155.8.18
Time for Carrying Out Reconstruction . . . . . . . . . . . . . . . . . 8-10
Page 8-1
Article 155.8
ARTICLE 155.8 NONCONFORMING SITUATIONS
PART I.
GENERAL PROVISIONS
SECTION 155.8.1 MINIMUM SINGLE LOT REQUIREMENTS
Where the owner of a lot upon adoption of this Ordinance, or his or her successor in title thereto,
does not own sufficient land to enable him or her to conform to the dimensional requirements of
this Ordinance, the lot may be used as a building site for a single-family residence in a district in
which residences are permitted or for a duplex in R-2 Districts provided the single-family residence
or duplex shall conform to the minimum housing code and to the following setback requirements:
15-foot setback for the front yard street access frontage and 7-1/2 feet for all other yards (see
Section 155.2.10 for open space requirements); and minimum required lot area for a duplex in the
R-2 District shall be 4,000 square feet. Setbacks for landlocked waterfront lots shall conform to the
following setback requirements: 15 feet for the front lot line and 7-1/2 feet for all other yards.
SECTION 155.8.2 MINIMUM MULTI-LOT REQUIREMENTS
Where there exist two or more adjoining and vacant lots considered either as a single lot or several
lots under single ownership with dimensions smaller than that required in the zoning district in
which they are located, the owner shall be permitted to join as one or more lots by submitting a
request and plat of the proposed combination to the UDO Administrator and recording the change
in the office of the Register of Deeds of the county provided these lots or the subdivision of these
lots was recorded by the county Register of Deeds prior to the date of adoption of this Ordinance;
that the proposed permitted uses shall conform to the minimum side and front yard requirements
set out in this Ordinance for the district in which these uses are located except that the minimum
side yard requirement shall be 15% of the property width but in no case to be less than 7-1/2 feet.
SECTION 155.8.3 EXTENSION OR ENLARGEMENT OF NONCONFORMING SITUATIONS PROHIBITED
Except as specifically provided in this section, it shall be unlawful for any person to engage in any
activity that causes an increase in the extent of nonconformity of a nonconforming situation.
SECTION 155.8.4 ELEVATION OF NONCONFORMING STRUCTURE IN ORDER TO
COMPLY WITH FLOOD ORDINANCES
An extension or enlargement of a nonconforming situation is permitted if it involves only raising a
structure which, prior to being raised, was in violation of the Federal Flood Insurance Program as
implemented through Article 155.11, Part I. Provided, that no increase in the extent of
nonconformity of the nonconforming situation shall occur when the structure is raised other than
those activities absolutely essential to accomplish bringing the structure into compliance with the
Federal Flood Insurance Program as implemented through Article 155.11, Part I. Provided, further,
Page 8-2
Article 155.8
that if the lot on which the structure to be raised is located has sufficient area that the structure,
after being raised, can comply with all then existing setback requirements, then the structure may
only be raised if it is relocated so as to comply with all then existing setback requirements.
SECTION 155.8.5 CHANGE IN NONCONFORMING SITUATION
Where a nonconforming situation exists, the equipment or process may be changed if these or
similar changes amount only to changes in degree of activity rather than changes in kind of activity
and no violations of other provisions of this Ordinance occur.
SECTION 155.8.6 DISCONTINUANCE OR ABANDONMENT
If operation of a nonconforming use is discontinued for a period of 365 consecutive days, the
property involved shall thereafter be used only for a conforming use. If a nonconforming use is
maintained on one lot in conjunction with a conforming use, discontinuance of the nonconforming
use for 365 consecutive days shall terminate the right to maintain it thereafter.
SECTION 155.8.7 COMPLIANCE WITH FLOOD ORDINANCE
Any extension or enlargement of a nonconforming situation permitted under the provisions of this
section may only be carried out if such extension or enlargement complies with all requirements
of the Federal Flood Insurance Program as implemented through Article 155.11, Part I.
PART II.
NONCONFORMING STRUCTURES
SECTION 155.8.8 REPAIRS AND MAINTENANCE
Repairs and normal maintenance required to keep nonconforming structures in a safe condition are
permitted, provided that no alterations may be made except those allowed by this Ordinance or
required by law or ordinance.
This section shall not be construed to prevent strengthening or repair of a structure in compliance
with the order of a public official whose duties include protecting the public safety.
Page 8-3
Article 155.8
PART III.
SINGLE-FAMILY AND DUPLEX STRUCTURES
SECTION 155.8.9 EXPANSION OR ENLARGEMENT
A single-family residence or a duplex that is maintained as a nonconforming structure may be
enlarged or expanded so long as the enlargement or expansion complies with the provisions of this
Ordinance to include Section 155.8.9 and the following provisions:
(A)
A single-family residence or duplex may be expanded or enlarged to an extent that does not
exceed 50% of the measured area of the structure. For the purposes of calculating the
permitted expansion or enlargement, all expansion or enlargement permitted under the
provisions of this section within the five-year period preceding the date on which any work
to enlarge or expand the dwelling is started shall be included within the proposed
expansion.
(B)
For purposes of calculating the measured area, the deck areas shall be excluded.
(C)
Such expansion or enlargement shall not create new nonconformities.
(D)
Such expansion or enlargement shall not cause an expansion or encroachment into an
existing or required setback.
(E)
Such expansion or enlargement shall not exceed the Floor Area Ratio (see Section
155.7.17).
(F)
The expansion or enlargement must maintain the following structural elements as they
existed prior to the expansion or enlargement:
(G)
(1)
The existing exterior wall height. For the purposes of this section, exterior wall
height shall be measured from the top of the subfloor to the top plate of the exterior
wall;
(2)
The existing exterior walls except as needed to change/add windows and doors, to
perform lateral additions or to correct code violations; and
(3)
The original structural floor system except as needed to add new ingress and egress
or to correct code violations.
If the expansion or enlargement is only into a side yard area, then upon completion the
combination of the two side yard setbacks shall be equal to or exceed the total of the two
side yard setbacks required under this Ordinance. This provision is subject to subsection
(K) below.
Page 8-4
Article 155.8
(H)
If the enlargement or expansion is only into a front or rear yard area, then upon completion
the combination of the front yard and rear yard setbacks shall be equal to or exceed the
total of the front and rear yard setbacks required under this Ordinance. This provision is
subject to subsection (K) below.
(I)
If the expansion or enlargement is into one or more side yard areas and into the front or
rear yard areas, then upon completion the combination of the two side yard setbacks shall
be equal to or exceed the total of the two side yard setbacks required under this Ordinance
and the combination of the front yard and rear yard setbacks shall be equal to or exceed
the total of the front and rear yard setbacks required under this Ordinance. This provision
is subject to subsection (K) below.
(J)
Will comply in all respects with the off-street parking requirements contained in
Article 155.9, Part I.
(K)
If a nonconforming structure is located ten feet or less from an adjoining structure (either
on the same or an adjoining lot), then the nonconforming structure may not be enlarged
or expanded in any manner whatsoever.
PART IV.
MULTI-FAMILY STRUCTURES
A residential structure having three or more residential units and a housing development as defined
in this Ordinance that is maintained as a nonconforming structure may be enlarged or expanded
to increase its square footage by an amount no larger than 1% of the measured area of such
structure so long as the enlargement or expansion complies with the provisions of this paragraph.
The provisions of this paragraph shall apply only to nonconforming structures and a structure which
is maintained as a nonconforming use may not be enlarged or expanded in any way under the
provisions of this paragraph. The expansion or enlargement shall comply with the following
provisions:
(A)
For purposes of calculating the permitted expansion or enlargement, all expansion or
enlargement permitted under the provisions of this section within the five-year period
preceding the date on which any work to enlarge or expand the dwelling is started shall be
included with the proposed expansion.
(B)
In calculating the measured area of the building, deck areas, garage areas, and parking
areas shall be excluded.
Page 8-5
Article 155.8
(C)
The expansion or enlargement shall be limited to nonresidential areas only. No expansion
of a residential area or a deck or porch associated therewith shall be permitted.
(D)
Such expansion or enlargement does not create new nonconformities.
(E)
Such expansion or enlargement does not create an expansion or encroachment into an
existing or required setback.
(F)
If the expansion or enlargement is only into a side yard area of the existing structure, then
upon completion the combination of the two side yard setbacks shall be equal to or exceed
the total of the two side yard setbacks required under this Ordinance. This provision is
subject to subsection (I) below.
(G)
If the enlargement or expansion is only into a front or rear yard area, then upon completion
the combination of the front yard and rear yard setbacks shall be equal to or exceed the
(H)
If the expansion or enlargement is into one or more side yard areas and into the front or
rear yard areas, then upon completion the combination of the two side yard setbacks shall
be equal to or exceed the total of the two side yard setbacks required under this Ordinance
and the combination of front yard and rear yard setbacks shall be equal to or exceed the
(I)
Notwithstanding the preceding provisions of this section, if a nonconforming structure is
located ten feet or less from an adjoining structure (either on the same or adjoining lot),
then the nonconforming structure may not be enlarged or expanded in any manner
whatsoever.
PART V.
OCEANFRONT PIERS
For purposes of this section, an “oceanfront fishing pier” shall mean a pier constructed wholly or
in part east of the Property Line as established by Chapter 246 of the Public Laws of North Carolina,
Session 1939, as amended.
Page 8-6
Article 155.8
An oceanfront fishing pier that is maintained as a nonconforming use or nonconforming structure
may be expanded or enlarged in accordance with the provisions of this section as follows:
(A)
Expansion of enlargement shall only be permitted if the oceanfront fishing pier provides
public access for fishing or other recreational purposes whether on a commercial, public,
or non-profit basis.
(B)
Any pier house associated with an oceanfront fishing pier shall not be expanded, except as
follows:
(1)
An expansion of the roof overhang shall be permitted if the area does not exceed
400 square feet. Such area shall not be enclosed in any manner.
(2)
An uncovered and unenclosed deck not to exceed 225 square feet in size may be
added to the northern side of the pier house to be used solely for the installation of
a freezer, heating and air conditioning equipment and any required screening.
(C)
Use of any pier house associated with an oceanfront fishing pier shall be limited to
restaurants and retail services.
(D)
The oceanfront pier located east of the pier house and excluding the pier house, may be
expanded a total of 2,600 square feet (the "permitted expansion area") subject to the
following restrictions and provisions:
(1)
Except as otherwise permitted in this section, the permitted expansion area may
only be used for open air seated dining service associated with the restaurant
operated in the pier house and access to the oceanfront fishing pier. The use of the
permitted expansion area for open air seated dining service shall be limited to the
hours of operation of the restaurant located within the pier house.
(2)
The permitted expansion area used for open air seated dining service must not
extend more than 120 feet seaward of the eastern wall of the pier house. For
purposes of this ordinance, the “eastern wall of the pier house” shall mean the
primary wall of the eastern side of the pier house at the location of such wall on the
date of adoption of this ordinance. This area may be covered by removable fabric
awnings, the highest point of which shall not exceed a height of 12 feet above the
deck of the pier. Tables in this area may utilize table umbrellas. Except as
otherwise provided herein, no other roof or covering of any kind shall be permitted
in this expansion area. Removable fabric awnings may be extended another 25 feet
beyond the permitted expansion area to provide cover for service facilities related
Page 8-7
Article 155.8
to the open air seated dining service. For purposes of this section, "service facilities"
shall mean and be limited to temporary facilities for serving persons seated at the
tables within the permitted expansion area. No permanently affixed service facilities
of any kind shall be permitted within this 25 foot area and all such service facilities
shall be designed to be removed at the close of each day’s business. No tables for
customers shall be permitted within this 25 foot area. Under no circumstances shall
such service facilities be used to serve persons who are not seated at the tables
within the permitted expansion area.
(3)
The width of any permitted expansion of the oceanfront fishing pier shall be limited
as follows:
(a)
Any permitted expansion within the area that is located 30 feet seaward of
the eastern wall of the pier house shall be limited to the width of the existing
pier house.
(b)
Any permitted expansion located beyond the 30 feet area referenced in
subparagraph (a) above, shall be limited so that the maximum width of the
oceanfront pier does not exceed 32 feet.
(E)
In addition, the fishing pier may be extended eastwardly for a maximum distance of 1,000
feet from the eastern wall of the pier house provided that any expansion to the fishing pier
beyond 145 feet from the eastern wall of the pier house shall not exceed 20 feet in width.
(F)
No expansion or enlargement shall be permitted unless the owner first acquires a
conditional use permit in accordance with Section 155.4.5 of this UDO.
(G)
All other applicable provisions of the UDO shall be complied with in conjunction with such
expansion or enlargement to include compliance with all off-street parking requirements.
PART VI.
NONCONFORMING USES
Except as provided by this paragraph, no nonconforming use shall be enlarged or expanded to
occupy a greater area of land or floor area than was occupied on the effective date of this
Ordinance and no additional accessory use shall be established on the site of a nonconforming use.
(A)
A single-family residence or duplex maintained as a nonconforming use may be expanded
or enlarged by the addition of an uncovered deck subject to the following requirements:
Page 8-8
Article 155.8
(B)
(1)
The construction of such uncovered deck must comply in all respects with all other
provisions of this Ordinance and in addition, such uncovered deck must meet the
15-foot setback requirements imposed on structures built on conforming lots.
(2)
Such deck must be constructed so as to be pervious and no impervious surface shall
be permitted below such deck unless impervious surface is existing underneath the
area of proposed deck expansion permitted by this section.
(3)
The total area of all decks, to include any new deck permitted by this section and
all other existing decks, shall not exceed the deck area permitted by Section
155.7.17.
Notwithstanding the preceding provisions of this section, if a nonconforming use is located
ten feet or less from an adjoining structure (either on the same or an adjoining lot), then
the nonconforming use may not be enlarged or expanded in any manner whatsoever.
SECTION 155.8.13 RELOCATION OF NONCONFORMING USE
No nonconforming use may be moved, in whole or in part, to any other portion of such parcel nor
to another lot unless the use will be in conformance with the use regulations of the district into
which it is moved.
SECTION 155.8.14 CHANGE IN USE
A nonconforming use may not be changed to another use unless the proposed use is permitted in
the district in which the land is located.
PART VII.
DAMAGE OR DESTRUCTION
SECTION 155.8.15 RECONSTRUCTION DAMAGE LESS THAN 50%
Any nonconforming building or structure or any building or structure containing a nonconforming
use or any building or structure constituting a nonconforming situation, which has been damaged
by fire, acts of God, and other causes beyond the control of the owner, may be reconstructed and
used as before subject to the conditions and restrictions of this Ordinance and further subject to
a determination by the UDO Administrator that the cost to repair such damage or destruction is less
than 50% of the assessed tax value of the structure as listed by the New Hanover County Tax
Office or that value (as defined in Appendix A) as determined by a certified appraisal. For purposes
of this section, "value" shall mean the value of the building before the damage or destruction
occurred. In addition, the property owner may be required to provide other information as required
Page 8-9
Article 155.8
by the UDO Administrator to substantiate the cost of such repairs, reconstruction, improvements,
or addition.
SECTION 155.8.16 RECONSTRUCTION DAMAGE MORE THAN 50%
If such building or structure as described in the preceding paragraph is damaged to an extent equal
to or greater than 50% of the value as specified in the preceding paragraph, then such building
may only be reconstructed if it is brought into full compliance with Article 155.11, Part I (Flood
Damage Prevention Ordinance); Article 155.9, Part I (Off-Street Parking and Off-Street Loading
Requirements); and the setback requirements contained in Section 155.6.5. In the event the
number of units in the building that existed before the damage cannot be rebuilt because of an
inability to meet the requirements of this paragraph, a building containing a lesser number of units
(but more than are permitted under the zoning applicable to the property) may be rebuilt so long
as all applicable requirements of the UDO, to include this paragraph, are met. For example, a
damaged quadraplex in a zoning district permitting only single-family units cannot be rebuilt
because the current parking requirements cannot be met. However, a duplex can be built on the
subject property that will meet the requirements of the UDO and this section. In this situation, a
duplex may be constructed in this zoning district.
SECTION 155.8.17 INCREASE IN EXTENT OF NONCONFORMITY
In no event shall the extent of nonconformity of a building or structure repaired under the
provisions of this Ordinance be increased or enlarged in any manner except as permitted herein.
SECTION 155.8.18 TIME FOR CARRYING OUT RECONSTRUCTION
Any owner wishing to repair a nonconforming building or structure under the provisions of this
Ordinance must acquire a building permit for such repairs within 18 months of the date of the
damage or destruction. The UDO Administrator shall have the authority to extend such 18 month
period for an additional 90 days upon receipt of a written request to do so prior to the expiration
of the initial 18 month period. In the event the owner fails to meet these time restrictions, the right
to continue the nonconforming situation, use, building or structure shall terminate and the property
shall thereafter be used only in a conforming manner.
Page 8-10
Article 155.8
ARTICLE 9.
PERFORMANCE STANDARDS
ARTICLE 155.9
PERFORMANCE STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . 9-1
PART I.
OFF-STREET PARKING AND OFF-STREET LOADING
REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3
Section 155.9.1
Section 155.9.2
PART II.
Off-Street Parking Requirements . . . . . . . . . . . . . . . . . . . . . . 9-3
155.9.1.1
Certification of Minimum Parking
Requirements . . . . . . . . . . . . . . . . . . . . . . . . . 9-3
155.9.1.2
Combination of Required Parking Space . . . . . . . 9-4
155.9.1.3
Bicycle Rack Requirements . . . . . . . . . . . . . . . . 9-4
155.9.1.4
Parking Standards . . . . . . . . . . . . . . . . . . . . . . 9-5
155.9.1.5
Off-Street Parking Requirements
Per Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7
155.9.1.6
Exception in Parking Requirements . . . . . . . . . . 9-9
155.9.1.7
Off-Street Parking Access to Paved Street . . . . . 9-9
155.9.1.8
Parking Space Arrangements and Dimensions . . 9-10
Off-Street Loading for Commercial and Industrial Uses . . . . . . 9-12
DRIVEWAY CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . 9-12
Section 155.9.3
Permit to Construct Driveway Required . . . . . . . . . . . . . . . . . 9-12
Section 155.9.4
Conformity of Surrounding Areas of Abutting
Property Owners; Refusal to Make Improvements . . . . . . . . . . 9-12
Section 155.9.5
Costs Assessed Against Property Abutting Sidewalk . . . . . . . . 9-13
Section 155.9.6
Specifications for Driveway Construction . . . . . . . . . . . . . . . . 9-13
PART III.
OUTDOOR LIGHTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-16
Section 155.9.7
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-16
Section 155.9.8
Commercial Exterior Lighting . . . . . . . . . . . . . . . . . . . . . . . . 9-17
Section 155.9.9
Residential Exterior Lighting . . . . . . . . . . . . . . . . . . . . . . . . . 9-20
Section 155.9.10 Private Piers and Docks Including Residential . . . . . . . . . . . . . 9-21
Section 155.9.11 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-21
Section 155.9.12 Other Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-22
Section 155.9.13 Nonconformities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-22
Section 155.9.14 Maximum Illumination Standards . . . . . . . . . . . . . . . . . . . . . 9-23
PART IV.
LANDSCAPE, BUFFERING, AND SCREENING . . . . . . . . . . . . . 9-23
Section 155.9.15 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-23
Section 155.9.16 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-24
Page 9-1
Article 155.9
ARTICLE 9.
PERFORMANCE STANDARDS
Section 155.9.17 Landscaping Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 9-26
Section 155.9.18 Bufferyards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-27
Section 155.9.19 Additional Requirements for Buffers and for Yards
in Which Buffers are Required . . . . . . . . . . . . . . . . . . . . . . . . 9-28
Section 155.9.20 Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-29
Section 155.9.21 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-29
Section 155.9.22 Landscape Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-29
Section 155.9.23 Tree Preservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-30
Section 155.9.24 Recommended Plant List . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-37
Page 9-2
Article 155.9
ARTICLE 155.9 PERFORMANCE STANDARDS
PART I.
OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS
SECTION 155.9.1 OFF-STREET PARKING REQUIREMENTS
There shall be provided at the time of the erection of any building, or at the time any principal
building is enlarged or increased in capacity by adding dwelling units, guest rooms, seats, or floor
area, permanent off-street parking space in the amount specified by this section. Such parking
space may be provided in a parking garage or properly graded open space that complies with the
standards for parking established in this section.
155.9.1.1 Certification of Minimum Parking Requirements
Each application for a building permit or certificate of zoning compliance submitted to the UDO
Administrator as provided for in this Ordinance shall include information as to the location and
dimensions of off-street parking and the means of entrance and exit to the space. This information
shall be in sufficient detail to enable the UDO Administrator to determine whether or not the
requirements of this section are met. In the case of mixed use developments, the total required
off-street parking or loading space shall be the sum of the requirements for the various uses
computed separately except for as provided below.
(A)
(B)
Up to one-half of the parking spaces required for one use in a mixed use development may
be used to satisfy the parking requirements for a second use within the proposed
development, subject to certification by the Board of Aldermen that such joint usage parking
complies with the following provisions:
(1)
The peak usage of the parking facility by one use will be at night or on Sundays and
the peak usage of the parking facility by the second use will be at other times as
provided in subsection 155.9.1.2; and
(2)
The second use is ancillary to the first use, such as restaurants and meeting rooms
to hotels and motels.
Minimum parking requirements for a mixed use development may be reduced by the Board
of Aldermen if a traffic/parking study is submitted to demonstrate and the Board of
Aldermen finds that:
(1)
Sidewalks, bicycle facilities, transit service, and transit amenities are in place such
that together with the number of parking spaces that are proposed, transportation
is adequately served or the commercial establishment(s) existing or previously
existing on the subject property have historically utilized on-street public parking for
a significant portion of customer parking and there is sufficient on-street public
Page 9-3
Article 155.9
parking available within a 400-foot radius of the mixed-use development to meet the
demand for the commercial component of the mixed-use development; and
provided the commercial component of the mixed use in the proposed project is
equal to and not less than 100% of the previous commercial use as determined by
heated square footage; and
(2)
Reduction of the minimum parking requirements will not be injurious to the general
health, safety, and welfare.
155.9.1.2 Combination of Required Parking Space
The required parking space for any number of separate uses may be combined in one lot but the
required space assigned to one use may not be assigned to another use. However, one-half of the
parking space required for churches, theaters, or assembly halls whose peak attendance will be at
night or on Sundays may be assigned to a use which will be closed at night or on Sunday mornings
until 12:00 noon.
155.9.1.3 Bicycle Rack Requirements
For all parking lots containing twenty (20) or more spaces, bicycle racks which accommodate at
least five (5) bicycles shall be installed. The final location of the bicycle rack shall be determined
by the UDO Administrator or his/her designee.
Page 9-4
Article 155.9
155.9.1.4 Parking Standards
1. Parking lands shall be physically improved,
landscaped, properly surfaced, marked, or otherwise
designated and shall conform to the town standards
as the parking area located on the lands on which
the use is situated.
2. Lighting. Any lighting shall be so arranged as to
direct light and glare away from streets and
adjacent property (see Article 155.9, Part III).
7. Drainage. Parking lots shall not drain onto or
across public sidewalks or into adjacent property
except into a drainage easement. Parking lots
with 15 or more spaces shall require a 6 inch
curb and gutter and/or best management
practice low impact development (LID) system
designed by a licensed Landscape Architect or
Professional Engineer. In already developed
areas where this condition would be impossible
to meet, the Board of Aldermen, upon review
and recommendation by the UDO Administrator,
may exempt this requirement provided that
adequate provision is made of drainage.
3. Sidewalks. Paved sidewalks, per town
specifications, shall be provided at the owner’s
expense.
4. All parking lots shall observe the following yard
requirements:
a.
Minimum Front Yard - 5 ft
b.
Corner Lots, Minimum Side Yard - 5 ft
5. Bumpers. The required yards shall be set off from
parking areas by one noncontinuous stationary
bumper for each parking space abutting a yard;
bumper shall be not less than 5 inches or more than
12 inches high.
6. Separation of Bumper and Walkways. In the event
any parking stall abuts a walkway, there shall be a
space of 3.5 feet between the wheel bumper and
the edge of the walkway.
8. Twenty-five percent (25%) of all parking spaces
may be established as compact parking stalls.
The dimensions for standard & compact parking
stalls are outlined in subsection 155.9.1.7.
9. Paved parking areas shall have lines demarcating
each parking space.
10. On-street parking may be used to satisfy parking
requirements on streets.
11. Landscaping shall be provided as specified in
Article 155.9, Part IV.
Page 9-5
Article 155.9
155.9.1.4 Parking Standards (continued)
12. Off-street parking areas shall be designed:
a. to facilitate adequate movement and access by sanitation,
emergency, and other public service vehicles.
b. so that parked vehicles do not encroach upon, extend
into, or cause vehicles to back into public rights-of-way,
sidewalks, or strike against or damage any wall,
vegetation, utility, or other structure.
13. Larger lots (15 or more spaces) shall be broken up through the
establishment of landscaped islands and buffers per the
requirements of Article 155.9, Part IV.
14. Off-street parking area shall be properly maintained in all
respects. In particular, and without limiting the foregoing, offstreet parking area surfaces shall be kept in good condition (free
from potholes, etc.) and parking space lines or marking shall be
kept clearly visible and distinct.
Handicapped Parking Requirements
15. Handicapped parking spaces shall be in accordance with the regulations set forth by the Americans with
Disabilities Act (ADA), NC Department of Transportation (NCDOT), and NC Division of Motor Vehicles (NCDMV)
ADA requirements. All handicapped spaces shall be identified by pavement markings and appropriate signage
approved by the NCDOT. Handicapped parking shall be required on all multi-family and non-residential sites.
16. Handicapped parking spaces shall be located in closest proximity to major building entrances, but in no event
shall such spaces be located more than 100 feet from a major building entrance.
17. Handicapped parking spaces shall be a minimum of 8 feet in
width by 20 feet in length and shall have an adjacent access aisle
that has a minimum width of 5 feet. Two accessible parking
spaces may share a common access aisle.
18. The minimum number of accessible spaces to be provided for all
multi-family and non-residential sites is as follows:
Total Number of
Minimum Number of
Spaces in the Lot
Accessible Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 or more
7 plus one for every
100 spaces over 100
19. The number of accessible spaces shall be in addition to those required by the minimum parking ratios.
20. All spaces for the disabled shall have access to a curb-ramp or curb-cut when necessary to allow access to the
building served, and shall be located so that users will not be compelled to wheel behind parked vehicles.
21. Parallel parking spaces for the disabled shall be located either at the beginning or end of a block or adjacent to
alley entrances. Elective curbs adjacent to such spaces shall be of a height which will not interfere with the
opening and closing of motor vehicle doors.
22. The first one out of every eight accessible parking spaces shall be a van accessible space. Van parking spaces
shall have an adjacent access aisle a minimum of eight feet in width and a vertical clearance of at least eight
feet along the vehicular route to the parking space.
Page 9-6
Article 155.9
155.9.1.5 Off-Street Parking Requirements Per Land Use
No certificates of occupancy shall be issued for any units until the required number of parking
spaces, with ingress and egress are fully constructed. In the event any of the required parking
spaces for units for which certificates of occupancy are requested are provided on noncontiguous
parking lands, such lands shall be fully constructed and dedicated by recorded lease agreement or
memorandum of lease in accordance with all of the standards of this section before the certificates
of occupancy shall be issued. If the lease agreement is terminated, then the conditional use permit
or the permitted use becomes invalid. The following off-street parking space shall be required and
shall conform to the standards contained in subsection 155.9.1.3.
Uses
Required Off-Street Parking
Residential
Single-family
Duplexes/Multi-family
Determined by the number of toilet fixtures in the residence (singlefamily) or in the individual dwelling unit (duplex/multi-family) in
accordance with the following:
Toilet
Parking spaces per dwelling unit
1-3
2
4-5
3
6-7
4
8 or more
5
Adult care home
One space per two beds.
Assisted living residence
One space per two bedrooms.
Auditoriums/meeting rooms
and hotel or motel operated
restaurants
One parking space for each four persons as stated on the maximum
posted occupancy placard except that hotels and motels containing 50
or more rooms may be allowed to reduce this requirement by 50%.
Automobile service station
Three spaces per service bay, plus one space per wrecker or service
vehicle and two spaces for each pump.
Barber shop
Two spaces per operator plus one space for each employee.
Beauty shop
Three spaces per operator plus one space for each employee.
Car washes
One space for each employee.
Child care center
One space per teacher or staff, plus space for one car drop off and
pickup or stacking for one car per ten children, whichever is greater.
Churches
One parking space for each four seats in the sanctuary.
Dry cleaners or laundries
One space per four rental pieces of equipment.
Family care home
One space per four licensed beds.
Financial institution/bank
One space per 200 square feet of gross floor area.
Fishing piers
A minimum of 25 parking spaces plus one additional space for each
175 square feet of gross floor area in pier house and other covered
areas, plus one parking space for each two employees on the largest
shift.
Page 9-7
Article 155.9
Uses
Required Off-Street Parking
Home occupation
In addition to residence requirements, one parking space per 175
square feet of floor space devoted to the home occupation use.
Industrial uses
One parking space for each employee on the largest shift.
Library, museum, and art
galleries
One space per 300 square feet.
Light construction/marina
One parking space per each two employees on the largest shift.
Marina/boatominiums
One parking space for each slip in the marina plus one parking space
for each four dry storage spaces.
Motels; hotels
One parking space for each room to be rented, 1.5 parking spaces for
each two-room suite to be rented, two parking spaces for any suite
above two rooms to be rented, plus one additional parking space for
each two employees.
Multi-unit assisted living with
services
One space per two bedrooms
Nursing homes
One space per three beds, plus one space per staff doctor or
practitioner.
Offices, professional
businesses or public agencies
One parking space for each 225 square feet of gross floor area.
Public or private clubs
One parking space for each 100 square feet of gross floor space plus
one parking space for each two employees.
Public or private indoor
recreation facility, including
community center
One space for each 250 square feet of gross floor area.
Residential child-care facility
One space for each staff member plus one space per five children.
Restaurants and places of
entertainment
One parking space for each four persons as stated on the maximum
posted occupancy placard plus one additional parking space for each
two employees on the largest shift.
Retail uses not otherwise
listed
One parking space for each 225 square feet of gross floor area.
Schools, public
One parking space for each classroom and administrative office.
Shopping center complex
5.5 parking spaces for each 1,000 square feet of gross floor area.
Theaters
One parking space for each three seats in the auditorium.
Tourist and guest homes,
including bed and breakfasts
Vessel for hire
One parking space for each room to be rented plus one additional
parking space for each three employees.
One parking space for each two persons. The total required parking
spaces shall be determined by dividing by two the number of persons
that the vessel is permitted to carry based on the Certificate of
Inspection issued for that vessel by the United States Coast Guard. In
addition, there shall be required one parking space for each employee
working on the vessel.
Page 9-8
Article 155.9
155.9.1.6 Exception in Parking Requirements.
(A)
Parking required for uses in districts zoned commercial or public or semi-public (G-1) may
be provided within 400 feet of the main entrance to the principal use and located in any
commercial zone if the required off-street parking cannot be reasonably provided on the
same lot on which the principal use is located.
(B)
If the off-street parking space required by this Ordinance for districts zoned residential
cannot be reasonably provided on the same lot on which the principal use is located, such
space may be provided on any land within 400 feet of the main entrance to, and within the
same zone as, such principal use.
(C)
The Board of Aldermen may grant an exception in off-street parking requirements for the
alteration or conversion of an existing building in commercial districts or construction of a
mixed use development after a finding by the Board of Aldermen that:
(1)
The proposed use is directed primarily toward pedestrian trade existing in the area;
and
(2)
The character of existing development or properties within 400 feet prohibit the
acquisition of land for parking; and
(3)
That one parking space for each two employees shall be provided. An exception to
this standard may be granted for mixed use developments as provided in this
section.
155.9.1.7 Off-Street Parking Access to Paved Street
No building or land use of any kind for which 75 or more off-street parking spaces are required
under the terms of this section shall be permitted in any zoning district unless the lot on which the
building or land use is located, adjoins and has access to a paved street, as defined in this
Ordinance, having at least two paved lanes for traffic and one paved lane for parking. Where the
street facility does not exist at the time a project of land use is proposed, the developer shall be
required to provide such additional right-of-way as may be necessary for this purpose.
Page 9-9
Article 155.9
155.9.1.8 Parking Space Arrangements and Dimensions
Parallel Parking
a.
Length
23 feet
b.
Width
7 feet 5 inches
90 Degree Parking
a. Length
18 feet
b. Width
9 feet
c. Aisle Width
24 feet
d. Two Row Parking with Aisle
60 feet total
Compact Cars
e. Length
16 feet
f. Width
8 feet
60 Degree Parking
a. Length
20 feet 1 inch - measured from
the end of striping perpendicular
to the curb
b. Width
9 feet
c.
One-Way Aisle
Two-Way Aisle
16 feet
20 feet
d.
Two Row Parking with
One-Way Aisle
56 feet 2 inches
total
Two-Way Aisle
60 feet 2 inches
total
Compact Cars
e. Length
17 feet 6 inches - measured from
the end of striping perpendicular
to the curb
f. Width
8 feet
Page 9-10
Article 155.9
155.9.1.8 Parking Space Arrangements and Dimensions (continued)
45 Degree Parking
a. Length
19 feet, 1 inch - measured from the end
of striping perpendicular to the curb
b. Width
9 feet
c.
One-Way Aisle
Two-Way Aisle
15 feet
20 feet
d.
One-Way Aisle
53 feet 2 inches total
Two-Way Aisle
Compact Cars
e. Length
16 feet, 6 inches - measured from the end
f. Width
8 feet
30 Degree Parking
a. Length
15 feet, 11 inches - measured from the
end of striping perpendicular to the curb
b. Width
9 feet
c.
One-Way Aisle
Two-Way Aisle
14 feet
19 feet
d.
One-Way Aisle
45 feet10 inches total
Two-Way Aisle
Compact Cars
e. Length
14 feet, 6 inches - measured from the end
f. Width
8 feet
Page 9-11
Article 155.9
SECTION 155.9.2 OFF-STREET LOADING FOR COMMERCIAL AND INDUSTRIAL USES
(A)
The number of off-street loading spaces required by this section shall be considered as the
absolute minimum and the developer shall evaluate his own needs to determine if they are
greater than the minimum specified by this section. For purposes of this section, an offstreet loading berth shall have minimum plan dimensions of 12 feet by 25 feet and 14 feet
overhead clearance with adequate means for entrance and exits. A loading space
requirement may be modified or waived by the Board of Aldermen on application in the case
of a bank, theater, assembly hall, or other building or similar limited loading space
requirements.
(B)
Minimum Number of Required Off-Street Loading Berths.
Square Feet of Gross Floor Area
Required Number of Berths
0 - 20,000
0
20,001 - 40,000
1
40,001 - 100,000
2
PART II.
DRIVEWAY CONSTRUCTION
SECTION 155.9.3 PERMIT TO CONSTRUCT DRIVEWAY REQUIRED
No person shall construct, reconstruct or repair any driveway within the town without first obtaining
from the Code Enforcement Official a zoning permit to do so. Such person shall construct,
reconstruct and repair such driveway under the supervision of the Code Enforcement Official, and
in accordance with specifications as may be prepared by the Code Enforcement Official and adopted
by the Board of Aldermen. The specifications prepared by the Code Enforcement Official for
driveway construction shall include type of construction, materials used, dimensions regarding
width, spacing, location, and situation with respect to street intersections and property lines as may
be deemed necessary by the Code Enforcement Official to promote safety and safeguard the
general public.
SECTION 155.9.4 CONFORMITY OF SURROUNDING AREAS OF ABUTTING PROPERTY OWNERS;
REFUSAL TO MAKE IMPROVEMENTS
(A)
The Board of Aldermen may, without petition of abutting property owners, require the
construction, reconstruction, alteration or repair of sidewalks, driveways, curbs, gutters or
drains in conformity with the provisions of the Wrightsville Beach UDO.
Page 9-12
Article 155.9
(B)
If any such improvements are required of a property owner and the property owner shall
fail or refuse to make the same within 30 days after notice thereof, the Board of Aldermen
may cause such improvements to be made and assess the cost thereof against the property
abutting the improvement. In making and collecting assessment for such improvements,
the procedure as outlined in the North Carolina General Statutes shall be followed.
SECTION 155.9.5 COSTS ASSESSED AGAINST PROPERTY ABUTTING SIDEWALK
The cost of the construction, reconstruction or alteration of sidewalks, including the cost of grading
and the construction of retaining walls necessary to provide lateral support for abutting property,
shall be assessed against the property abutting the sidewalk. The cost of relocation and
construction of driveways, steps, or other means or access to his or her property from the streets
as he or she may deem necessary, shall be borne by the property owner.
SECTION 155.9.6 SPECIFICATIONS FOR DRIVEWAY CONSTRUCTION
(A)
The specifications for driveway construction set forth herein are intended to regulate access
from public and private streets or public and private rights-of-way to the adjoining property.
(B)
All driveways lawfully permitted at the time of adoption of this UDO shall be permitted to
continue as currently constructed, provided that the existing driveway is defined and/or
improved in a manner that permits its location to be determined without question. Any
structure or vacant lot existing at the date of adoption of this section and having fewer
driveways on the date of adoption of this section than are permitted in accordance with
subsection (E) below, may apply for additional driveways to the extent permitted by
subsection (E) below and other provisions of this section.
(C)
If an existing structure does not have a defined driveway, then driveway locations will be
established by the town consistent with the provisions of this section for new structures.
(D)
All matters related to driveways shall be decided by the Director of Planning and Parks or
his or her designee. Any property owner dissatisfied with a decision of the Director of
Planning and Parks or his or her designee may appeal such decision to the Town Manager
by delivering written notice of appeal to the Town Manager within 30 days of the decision
of the Director of Planning and Parks or his or her designee. The decision of the Town
Manager in this matter shall be final.
Page 9-13
Article 155.9
(E)
The following requirements shall apply to the construction of new driveways and the
removal and replacement of existing driveways:
(1)
Commercial properties, to include properties with combined commercial and
residential uses, shall be permitted one driveway not to exceed 26 feet in width and
must be compliant with the North Carolina Fire Code. If in the interest of the
general public it is deemed necessary to construct a wider driveway entrance for a
commercial property, special permission to do so may be granted by the Board of
Aldermen. Notwithstanding the foregoing, mixed-use developments approved by the
Board of Aldermen pursuant to Section 155.7.6 may be permitted more than one
driveway.
(2)
Driveways on lots located within a residential district shall be permitted as follows:
(3)
(a)
A vacant lot may have one driveway not to exceed 12 feet in width including
flares.
(b)
A single family residence may have one driveway not to exceed 24 feet in
width including flares or two driveways not to exceed 12 feet each in width
including flares.
(c)
A duplex may have one driveway not to exceed 30 feet in width including
flares or two driveways not to exceed 15 feet each in width including flares.
(d)
In the event driveways are separated, they shall be separated by at least 16
feet of space. The use of an expansion joint no greater than two inches in
width shall not be considered separation of a driveway. Provided that on any
lot having a width adjoining a street right of way of less than fifty-five feet,
driveways shall be separated by at least 8 feet of space.
Driveways shall not encroach into the required setback for the lot in question.
Provided that driveways may encroach into the required side yard setback for lots
on which structures exist that have been determined to be pre-FIRM (as defined in
Appendix A, Definitions) if the following conditions are met:
(a)
The driveway encroaching into the required side yard setback must be
constructed of pervious materials;
(b)
The total width of driveways, to include driveways encroaching into the side
yard setback as permitted by this subsection, may not exceed the permitted
width of driveways as set forth in this subsection (E).
Page 9-14
Article 155.9
(c)
No driveway may encroach into a required side yard setback without the
prior written consent of the Board of Aldermen if the creation of such
driveway causes a metered on-street parking space to be eliminated; and
(d)
All other provisions of this section are complied with.
(F)
If a structure has a driveway at the time of adoption of this section that does not comply
with the provisions of subsection (E) above, and such structure is subsequently repaired,
reconstructed, improved, or added to in such a manner as to meet the definition of
"substantial improvement" as set forth in Appendix A, Definitions, the owner of such
structure shall be required to bring the driveways into compliance with the provisions of
subsection (E) above.
(G)
All driveway entrance construction shall be of 3,000 pound per square inch, monolithic
concrete, having a depth of not less than six inches throughout and shall be given a float
finish to assure an even surface having suitable roughness. All driveway entrances and
sidewalk surfaces shall be screened and given a float finish to assure an even surface
having suitable roughness. Driveway entrances shall conform to the contour of the street
pavement, making provision for drainage flows and gutter continuity, and shall rise not less
than six inches above the gutter at the point at which the driveway reaches the property
lines in order to assure containment of drainage flows and proper runoff. Expansion joints
shall be placed at edges of driveways where sidewalks abut, and in aprons not less than 24
feet apart.
(H)
Where existing driveway entrances do not conform to these regulations and constitute a
hazard, obstruct drainage, or are in a dangerous state of repair, and the owner is instructed
by the Board of Aldermen to repair said driveway entrance, or adjacent curbs and sidewalks
as provided in this section, the owner shall submit a drawing showing the proposed new
driveway to be placed in accordance with the ordinance and these regulations.
(I)
Where streets are widened or curb and gutter sections are placed after driveways are
installed, the owner of the property adjacent to the street where such improvements take
place shall be assessed all costs of modification of said existing driveways in order to
conform to the street improvements in accordance with the provisions of Article V of the
Charter of the Town of Wrightsville Beach.
(J)
All requests for a zoning permit to construct driveways shall be accompanied by a sketch
showing the location of the property involved, the frontage concerned, and the location of
any structures on the property. The inclusions of this information on site plans for building
permits for new construction will be acceptable for the purpose of driveway permit issue.
Page 9-15
Article 155.9
(K)
The street area immediately adjacent to a permitted driveway as described in this section
shall be painted and/or marked so as to indicate that no-parking is permitted within the
street right-of-way immediately adjacent to the permitted driveway. Parking shall be
permitted on all other areas of the street except those portions of such street otherwise
designated as no parking areas by this Unified Development Ordinance or action of the
Board of Aldermen. Provided, that should the designation of no parking areas adjacent to
permitted driveways as described herein result in permitted parking areas of a length of less
than 15 feet, such area shall be designated as a no parking area.
(L)
It shall be unlawful for any person except authorized employees of the town to paint, mark
or otherwise designate no parking areas on a public street. Any person violating the
provision of this section shall be subject to the penalties set forth in Section 155.1.12.9.
PART III.
OUTDOOR LIGHTING
This section sets forth criteria for the installation and acceptable levels of exterior lighting in the
town. The purposes of this section are as follows:
(A)
Preserve and enhance public safety;
(B)
Protect drivers from disabling glare and thereby enhance traffic safety;
(C)
Protect marine vessels from disabling glare on the waterways and thereby enhance
navigation safety;
(D)
Enhance the town's nighttime character;
(E)
Shield neighboring properties from nuisance glare;
(F)
Reduce light pollution, light trespass and the brightening of the night sky due to manmade
lighting;
(G)
Protect and not disrupt sea turtle nesting habitats; and
(H)
Promote energy conservation through efficient light design and operation.
Page 9-16
Article 155.9
SECTION 155.9.8 COMMERCIAL EXTERIOR LIGHTING
(A)
Outdoor Parking Lots, Storage and Display Areas and Driveways. Lighting for outdoor
parking lots, outdoor storage and display areas, and commercial driveways shall be
designed to provide the minimum lighting necessary to ensure adequate public safety, to
control excessive glare onto adjacent streets and properties, and to prevent light trespass
onto adjoining properties, public rights-of-way, and any public trust waters.
(1)
General.
(a)
All lighting fixtures used for the purpose of illuminating parking lots and
driveways shall be full cut-off fixtures that meet the standards set forth in
the definition as documented by the manufacturer's specification or a
qualified engineer.
(b)
Directional floodlighting fixtures must be full-cutoff or shielded and properly
aimed so that the light source:
(c)
(2)
1.
Does not produce glare;
2.
Does not produce up-lighting; and
3.
Contains light so that it does not trespass onto adjoining properties,
public rights-of-way, and any public trust waters.
The maximum mounting height for pole-mounted fixtures intended to
illuminate parking lots is 30 feet measured from the base of the pole.
Special Design Areas. Lighting fixtures of a particular period or architectural style
such as carriage lights and post lights, may be used in special design areas. In such
areas, fixtures that are not full cut-off are permitted provided that:
(a)
The maximum initial lumens generated by each lamp shall not exceed 500
lumens, according to the manufacturer's specifications (the purpose of this
lumen cap is to avoid cumulative use of lights that may be too bright or that
may cause trespass); and
(b)
Post top shall be fitted with a solid top to control up-lighting and reduce
glare; and
(c)
Fixture mounting height is no more than 16 feet above grade level.
Page 9-17
Article 155.9
(3)
Standard. All illumination of parking lots, outdoor storage and display areas and
commercial driveways shall comply with the intensities and uniformity ratios in
Section 155.9.14 or by the standard within this section whichever is more stringent.
(B)
Commercial Building Exteriors and Parking Garages. These provisions apply to all buildings
and uses within the town's Commercial and Public/Semi-Public Zoning Districts and to any
non-conforming nonresidential uses in other zoning districts.
(1)
General. Exterior building lights may be mounted in front, at ground level, or wall
mounted provided that:
(2)
(a)
All light fixtures, wherever mounted, are properly aimed and full cut-off or
shielded to confine the light to the area of the building being lighted and to
prevent light trespass.
(b)
Wall-mounted light fixtures may be mounted no higher than 20 feet above
grade. The fixtures must be full cut-off or shielded and aimed to avoid uplighting.
(c)
Ground mounted fixtures must restrict up-lighting.
(d)
Bare light sources (including but not limited to festive light strands,
incandescent, fluorescent, high intensity discharge, and neon) used to
outline property lines, open sales areas, roof lines, doors, windows, the
edges of walls or any other area of the building or property visible from
outside the building are prohibited, except for holiday lighting permitted
from Thanksgiving through January 15th of the new year.
(e)
The maximum illumination level on any vertical surface or roof of a
commercial building shall not exceed 3.0 average foot-candles of vertical
illuminance.
Gas Station/Convenience Store Canopies.
(a)
Light fixtures above 200 watts mounted on canopies shall be recessed so
that the lens cover is recessed or flush with the bottom surface of the
canopy and/or shielded by the fixture or the edge of the canopy so that light
is restricted to no more than 85º from vertical.
(b)
The illumination level for canopy lighting measured at the pavement/ground
level shall not exceed 10 average maintained foot-candles.
Page 9-18
Article 155.9
(3)
(4)
Parking Garages.
(a)
Lighting located outside the structure shall comply with the requirements of
subsection (C)(1) below. Lighting located inside the structure providing
illumination that is visible from the exterior of the structure shall be full cutoff or shielded by the structure, shield, visor, hood, or louvers in a manner
that contains light and glare within the structure and meets this section’s
standards for light trespass.
(b)
The illumination level of interior lighting that is visible from the exterior of
the structure shall comply with the intensities and uniformity ratios in
Section 155.9.14.
Standard. All illumination of commercial building exteriors, gas and convenience
store canopies, and parking garages shall comply with the intensities and uniformity
ratios in Section 155.9.14 or by the standard within this section whichever is the
more stringent.
(C)
Commercial Docks and Piers. Lighting for commercial docks and piers shall minimize glare,
trespass, and restrict up-lighting.
(1)
(2)
All lighting fixtures must meet the following standards:
(a)
Fixtures must be full cut-off or shielded and properly aimed so that they
control glare, do not produce up-lighting, and contain light to prevent
trespass on adjoining uplands, public rights-of-way and public trust waters.
(b)
Disabling glare that impairs the ability of boaters to safely traverse public
trust waters shall be prohibited.
(c)
Mounting height shall be as low as practicable but in no case shall the fixture
be mounted higher than 25 feet above the lowest platform of the dock or
pier.
(d)
Bare light sources (including but not limited to festive light strands,
incandescent, fluorescent, high intensity discharge, and neon) used to
outline commercial docks and piers are prohibited.
Standard. All illumination of docks and piers shall comply with the intensities and
uniformity ratios in Section 155.9.14 or by the standard within this section
whichever is the more stringent.
Page 9-19
Article 155.9
SECTION 155.9.9 RESIDENTIAL EXTERIOR LIGHTING
(A)
General. Fixtures using lamps (bulbs) of 60 watts/640 lumens or less for incandescent
bulbs (frosted) or 25 watts for clear lamps, such as typical porch lights, may be installed at
any location in residentially zoned areas.
(B)
Security Lighting.
(1)
Motion Activated Security Lighting. Unshielded flood and spot lights, with lamps of
45 watts/520 lumens or less or their equivalent (this information is specified on the
retail packaging), installed for security and activated by motion sensors are
permitted. These unshielded lights must be mounted and aimed in a manner that
minimizes up-lighting and light trespass and that is consistent with the security
purposes of the lights.
(2)
(C)
All other flood and spot light fixtures must have top and side shields capable of
containing light below the roof line of the house and reducing light trespass on
adjoining properties to the maximum extent feasible.
Landscape and Decorative Lighting. Landscape and decorative lighting using quarts halogen
lamps of 36 watts/110 volt system or less is permitted (or the equivalent low-voltage
system rating), provided that the light is installed and aimed to prevent up-lighting and light
trespass and shielded to prevent view of the bulb from the public right- of-way.
(D)
(E)
Area lights or "dusk to dawn" lights are permitted, as follows:
(1)
These lights must be full cut-off or shielded.
(2)
If pole mounted on the ground, the fixture mounting height may be no more than
16 feet above grade at the base of the pole.
(3)
If wall mounted, the fixture mounting height may be no more than 16 feet above
grade, or 10 feet above any first floor of houses constructed on pilings, measured
from the level of the lowest habitable floor.
Standard. All illumination of residential exteriors shall comply with the intensities and
uniformity ratios in Section 155.9.14 or by the standard within this section whichever is the
more stringent.
Page 9-20
Article 155.9
SECTION 155.9.10 PRIVATE PIERS AND DOCKS INCLUDING RESIDENTIAL
(A)
(B)
All lighting fixtures must meet the following standards:
(1)
Fixtures must be full cut-off or shielded and properly aimed so that they control
glare, do not produce up-lighting, and contain light to prevent trespass on adjoining
uplands, public rights-of-way and public trust waters.
(2)
Disabling glare that impairs the ability of boaters to safely traverse public trust
waters shall be prohibited.
(3)
Mounting height shall be as low as practicable but in no case shall the fixture be
mounted higher than 25 feet above the lowest platform of the dock or pier.
(4)
Bare light sources (including but not limited to festive light strands, incandescent,
fluorescent, high intensity discharge, and neon) used to outline private piers and
docks are prohibited.
Standard. All illumination of parking lots, outdoor storage and display areas and commercial
driveways shall comply with the intensities and uniformity ratios in Section 155.9.14 or by
the standard within this section whichever is the more stringent.
SECTION 155.9.11 SIGNS
Lighting of signs shall comply with the provisions of Article 155.10. In addition, the following
requirements apply:
(A)
Lighting fixtures used to illuminate on-premise commercial signs must be mounted at the
top of the sign structure.
(B)
The sign lighting fixture(s) must be fully-shielded to control glare, to prevent encroachment
on neighboring properties and rights-of-way and to contain light so that it is projected below
an horizontal plane extending through the fixture.
(C)
The height of the sign lighting fixture shall be no greater than the maximum permitted
height of the sign.
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Article 155.9
SECTION 155.9.12 OTHER REQUIREMENTS
(A)
No lighting fixture or device may be operated in such a manner as to constitute a hazard
or danger to persons, or to the safe operation and navigation of vehicles or watercraft.
(B)
The following are exempt from the requirements of this section:
(1)
Situations where federal and state laws, rules and regulations take precedence;
(2)
Location and operation of traffic control devices; and
(3)
Situations where there are special requirements, such as public monuments and flag
lighting, provided, however, that such lighting shall be selected and installed to
shield the lamp(s) from direct view to the greatest extent possible and to minimize
upward lighting and trespass.
SECTION 155.9.13 NONCONFORMITIES
(A)
This section shall be effective immediately upon adoption by the Board of Aldermen of the
town and shall supersede and replace all previous ordinances pertaining to outdoor lighting.
(B)
Any outdoor lighting not in conformity with the requirements of this Ordinance and lawfully
in place prior to the effective date of this Ordinance shall be removed or rendered in
compliance with this Ordinance within three years of its effective date.
(C)
After the effective date of this Ordinance, any lighting system that replaces a lighting
system not in conformity, or any lighting system that is moved, must meet the standards
of this Ordinance.
(D)
Non-conforming lighting systems that cause disability glare to motorists or cyclists or that
directs light toward public waters so as to cause disability glare to operators of watercraft
shall be either fully-shielded as directed in this section or re-directed within 90 days of
notification so that the lighting system does not cause a potential hazard to motorists,
cyclists or watercraft operators.
(E)
Non-conforming lighting systems that cause light trespass or up-lighting which can be
corrected by redirecting the fixture shall be re-directed to eliminate the trespass or uplighting within 90 days of notification.
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Article 155.9
SECTION 155.9.14 MAXIMUM ILLUMINATION STANDARDS
The figures in this table represent maximum levels of illumination for roadways, parking lots, and
building exteriors.
Horizontal Illuminance
(Foot-candles)
Type of Land Use
Roadways
Major road
Local road
Average
Minimum
0.6 - 1.6
0.3 - 0.8
Parking Lots
High activity (i.e., fast food facilities)
Medium activity (i.e., office, residential
complex, or hotel)
Low activity (i.e., neighborhood
shopping, schools, or churches)
Uniformity Ratio
(Average to
Minimum)
3:1
6:1
3.6
2.4
0.9
0.6
4:1
4:1
0.8
0.2
4:1
Building Exteriors
Entrances, active (pedestrian, conveyances)
Entrances, inactive (locked doors)
Vital locations or structures
Surroundings
5
1
5
1
Commercial Docks and Piers
5
Note: Where conflict is found between the standards set forth in Sections 155.9.7 through 155.9.13
and this Section, the more conservative, lower illuminance standard will be the standard of choice.
PART IV.
LANDSCAPE, BUFFERING, AND SCREENING
The purpose of this section is to establish minimum requirements to provide adequate visual
buffering and screening of structures, parking areas, and other uses. The intention of these
requirements is to satisfy the following objectives:
(A)
To provide attractive visual buffering between different land uses and enhance town
beautification.
(B)
To safeguard and enhance property values and to protect public and private investment by
providing standards for the protection of existing vegetation and root zones and the
installation of new vegetation.
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Article 155.9
(C)
To mitigate stormwater runoff and erosion, enhance air quality, conserve energy, and aid
in abating noise, glare and heat.
(D)
To encourage the use of the recommended plants in this section as well as native species
and related cultivars of trees and shrubs.
(E)
To promote long term plant health through proper installation methods.
(F)
To promote visibility and safety.
SECTION 155.9.16 APPLICABILITY
(A)
Article 155.9, Part IV shall be applicable when the following situations apply:
(1)
Residential Development. When eight or greater parking spaces are required for all
phases of development excluding all residential developments which contain solely
detached single-family dwelling units.
(2)
Nonresidential Development.
(a)
New Construction. When a permitted use, a use or combination of uses
contained within a conditional use permit require ten or greater parking
spaces.
(b)
Existing Development. When there is a change from an existing use to a
new use which requires additional parking and the new use requires ten or
greater parking spaces.
(c)
Expansion of Structure. When there is an expansion of an existing structure
by greater than 10% of the gross floor area and that use requires ten or
greater parking spaces.
(d)
Reconstruction of Structure. When there is damage or destruction to an
existing structure beyond 50% of its assessed value, the reconstruction must
conform to the new construction standards of this section.
(e)
Expansion of Parking Facility. When there is an expansion of the parking
facility by a minimum of 10% of the parking with a minimum of ten total
spaces.
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Article 155.9
(B)
This section shall become effective on all applicable conditions that are met during a fiveyear cumulative period.
(C)
This section shall not apply under any circumstance to properties in the C-1, Commercial
District.
(D)
Bufferyards which abut a Natural Water Feature shall be exempt from the requirements of
that bufferyard.
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Article 155.9
SECTION 155.9.17 LANDSCAPING REQUIREMENTS
Street Yard Requirements
1. Minimum Standards: The minimum depth of all
street yards shall be 7.5 feet. For every 50 linear
feet of frontage, or fraction thereof, the street yard
shall contain a minimum of 3 Shade Trees and 6
Intermediate Shrubs. Newly installed plant
material shall be evenly distributed where possible.
2. If there are existing trees in the proposed street
yard area, the UDO Administrator may grant credit
toward the requirement for preservation of those
trees, provided their caliper is at least 2 inches or
more.
3. No planting material will be allowed which, at
planting or maturity, will impede vision between a
height of 3 feet and 10 feet in a triangular area
formed by a diagonal line between two points on a
driveway or public right-of-way, 20 feet from
where they intersect.
Parking Facility Requirements
4. Minimum Standards: For parking facilities having 15
or more parking spaces, at least 8% of the gross
paved area shall be landscaped and located in the
interior of the facility.
5. Planting islands shall include at least one Shade Tree
or one Small Tree and 6 Small Shrubs. At least 50%
of the trees planted shall be Shade Trees.
6. In support of the above, the following standard shall
apply to interior plantings:
a.
All planting shall be evenly distributed
throughout the parking facility.
b.
All interior plantings shall be curbed or otherwise
physically protected.
c.
Consecutive parking spaces shall incorporate
landscaped islands no more than 15 spaces
apart and at the ends of all parking rows.
Landscaped islands shall contain at least 100
square feet in area and be at least 8 feet in
width, measured from back of curb to back of
curb.
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Article 155.9
SECTION 155.9.18 BUFFERYARDS
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Article 155.9
SECTION 155.9.19 ADDITIONAL REQUIREMENTS FOR BUFFERS AND FOR
YARDS IN WHICH BUFFERS ARE REQUIRED
(A)
Existing Trees and Shrubs. Any existing trees or shrubs within required bufferyards shall
be encouraged to be utilized and supplemented as necessary to meet bufferyard screening
requirements. Existing trees and shrubs intended to meet bufferyard screening
requirements shall be protected from detrimental actions such as vehicle or equipment
movement, excavating and grading, and installation of storage or structured elements.
(B)
Uses in the Bufferyard. No activities shall occur in the bufferyard except for maintenance
of the bufferyard, required ingress and egress and the installation and maintenance of
water, sewer, electrical, and other utility systems where the installation causes minimal
disturbance of existing vegetation.
(C)
Uses in the Rear Yard and Side Yards Abutting a Residential Use. The following uses shall
be shielded from view from the property line of the residential use by means of an Opaque
Fence or Opaque Wall:
(D)
(1)
Dumpsters or other trash holding areas.
(2)
Outside storage areas.
(3)
Loading/unloading areas.
Encroachment into Setbacks.
(1)
If an existing structure is located within a setback where the implementation of the
Streetyard and/or Bufferyard requirements are physically impossible and the
encroachment into the yard (streetyard bufferyard) allows for a minimum of three
(3) feet of planting area, only the required shrubs shall be planted.
(2)
If the encroachment into the yard (streetyard or bufferyard) allows for less than
three (3) feet of planting area, no planting will be required in that yard; and
(a)
For every yard (streetyard or bufferyard) in which the situation exists, one
(1) additional Small Tree shall be planted in each streetyard or bufferyard
not encroached upon; or
(b)
For every yard (streetyard or bufferyard) in which the situation exists, five
(5) feet of additional yard width shall be added to a yard (streetyard or
bufferyard); or
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Article 155.9
(c)
(E)
If all four yards (streetyard and three bufferyards) allow less than three (3)
feet of planting area, no planting shall be required.
It is recommended and encouraged that native species and related cultivars be planted.
SECTION 155.9.20 INSTALLATION
(A)
Plants shall meet the standards for plant quality and size as defined in the most recent
version of the “American Standard for Nursery Stock” manual.
(B)
Plants shall be installed per the installation details included in Appendix B of this Ordinance.
SECTION 155.9.21 MAINTENANCE
(A)
All existing vegetation that is used to meet landscaping requirements, all required plants,
and all required berms shall be maintained by the owner of the property on a continuing
basis for the life of the development.
(B)
Opaque Fences or Opaque Walls shall be maintained, cleaned and repaired by the owner
of the property on a continuing basis for the life of the development. Such fencing shall be
kept free of litter and advertising.
(C)
A new certificate of occupancy/building permit or a complaint will result in an inspection for
compliance.
SECTION 155.9.22 LANDSCAPE PLAN
(A)
Landscaping plans shall be submitted at the time of application for the Building Permit or
Conditional Use Permit, if a Conditional Use Permit is required. These plans shall contain
the following information:
(1)
Date of plan preparation.
(2)
Project name and description of land use.
(3)
Project owner and mailing address.
(4)
A map at a scale of 1" = 50' or less showing:
(a)
North arrow.
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Article 155.9
(B)
(b)
Scale.
(c)
Locations, dimensions and square footages of required bufferyards and
parking lot landscaping.
(d)
Details of required landscaping showing species, dimensions, and spacing of
planted materials and the use and protection of existing vegetation.
(e)
Location and square footage of structures and parking lots.
(f)
Approximate locations of all trees greater than two-inches caliper within
required buffers and of all areas of natural vegetation to be used as part of
the buffer.
(g)
Setbacks of all structures and specifications and shielding of certain uses, as
required.
(h)
Proposed schedule for landscaping.
No Certificate of Occupancy for any construction or renovation shall be approved by the
UDO Administrator until the required landscaping is completed in accordance with the
approved plan.
SECTION 155.9.23 TREE PRESERVATION
(A)
Purpose.
(1)
The purpose of this section is to protect important trees located at Wrightsville
Beach, to provide wildlife habitat, to provide stabilization of sand and soil, and to
provide a vital link in natural stormwater management through absorption. Trees
act as a filter helpful to maintaining the health and quality of waters.
(2)
The objectives of this section are as follows:
(a)
Maintain and enhance property values;
(b)
Preserve and enhance the visual appearance of the Town of Wrightsville
Beach;
(c)
Preserve unique and productive coastal habitats;
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Article 155.9
(B)
(d)
Reduce impacts of development on the town’s stormwater system;
(e)
Assist the town in preserving and enhancing the quality of its estuarine
waters; and
(f)
Increase tree canopy.
Tree Protection Permit Required.
(1)
(2)
No protected tree shall be removed or be caused to be removed, through injury or
damage, from public or private property without first obtaining and having an
approved tree removal permit. Removal of any protected tree is prohibited except
in accordance with an approved tree protection plan. The following tree removal
activities may be undertaken without an approved tree protection plan and that is
consistent with good horticultural practices:
(a)
Clearing or maintenance of town rights-of-way.
(b)
Clearing or maintenance required by the town in accordance with Section 2.6
(Site Visibility Triangle).
(c)
Emergencies. During the period of an emergency such as a hurricane,
tropical storm, flood, ice storm or any other act of nature that causes
damage to a tree such that it imperils life, property, or other trees.
(d)
A permit shall not be required in order to remove minor tree limbs or to do
other minor pruning.
(e)
Hazardous trees. In the event that any tree shall be determined to be in a
hazardous or dangerous condition so as to endanger the public health,
welfare or safety, and requires immediate removal without delay, verbal
authorization may be given by the Planning and Inspections Department and
the trees removed without obtaining a written permit as herein required.
Public utilities removing trees or cutting trees in conjunction with construction,
maintenance or repair of utility lines shall be subject to the following requirements:
(a)
A public utility shall submit a tree protection plan and shall acquire a tree
protection permit before removing any protected tree within a utility
easement or right-of-way. There shall be no charge for such permit.
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Article 155.9
(b)
(C)
A public utility shall submit a tree protection plan and shall acquire a tree
protection permit before undertaking any tree trimming or pruning activities
in connection with the construction, maintenance or repair of utility lines
within a utility easement or right-of-way. There shall be no charge for such
permit.
Tree Protection Permit Application and Procedure. A tree removal application and tree
protection plan must be filed with the town and approved by the UDO Administrator or their
designee prior to protected tree removal. Requests for multiple tree removal shall be
specified on the application. A permit will be issued for any approved plan. The fee for
submission of a plan is set forth in the schedule of fees.
(1)
(2)
(D)
Tree protection plans submitted in connection with applications for permits for the
removal, relocation or replacement of trees shall include the following information
and details which shall be summarized on the plan:
(a)
Name of property owner.
(b)
Date, including the month, day, and year that the original drawing was
completed and the month, day, and year for each revision to the original
drawing.
(c)
Location of all existing or proposed structures, improvements and site uses,
property dimensions and referenced property lines, setback and yard
requirements as they apply to tree removal.
(d)
The common names, sizes and location of all protected trees on the site,
designating the trees which are respectfully to be retained, removed,
relocated, or replaced. Trees proposed for removal shall be marked with an
“X” through the tree symbol in the document. Trees not marked shall be
conserved.
(e)
The location and type of trees that will be planted after development or
construction and the time frame for completion of such planting.
The UDO Administrator or his or her designee will review the tree protection plan
according to the requirements in this section.
Standards for Plan Approval or Denial. Protected trees are to be retained and protected to
the maximum extent feasible. The UDO Administrator or his or her designee shall issue or
deny a tree permit within five business days of receiving application for such. No permit
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Article 155.9
shall be issued for the removal of protected trees unless one of the following conditions
exists:
(1)
(E)
The tree is located in the buildable area of a yard area where a structure or
improvements may be placed and it unreasonably restricts the permitted use of the
property and such trees cannot reasonably be relocated elsewhere on the property.
Necessity to remove trees in order to construct proposed improvements as a result
of the following:
(a)
Need for access to the building site for construction equipment;
(b)
Essential grade changes for surface water drainage and utility installations;
(c)
Location of proposed structure and required driveway(s); and
(d)
Location of proposed parking spaces and associated circulation required to
be installed by Article 155.9, Part I.
(2)
The tree cannot be relocated on or off the site because of the age, type, or size of
the tree.
(3)
The tree is diseased, injured, in danger of falling, too close to existing or proposed
structures, interferes with existing utility service, creates unsafe vision clearance, or
conflicts with other ordinances or regulations.
(4)
Where tree removal is consistent with an approved subdivision plat or site plan.
(5)
It is in the welfare of the general public that the tree be removed for a reason other
than set forth above.
(6)
If a plan is approved that allows the removal of protected trees, the approval shall
be conditioned upon compliance with a mitigation plan meeting the standards of the
mitigation policy in subsection 155.9.23(F).
Tree Protection During Construction. Tree preservation is a pre-planning activity and will
be thoroughly considered prior to development of engineering and/or architectural plans
and prior to initiation of construction projects. Protected trees shall be guarded during
development against the following:
(1)
Unnecessary cutting, breaking or skinning of roots.
(2)
Skinning and bruising of bark.
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Article 155.9
(F)
(3)
Excessive vehicular and foot traffic within drip lines.
(4)
Parking vehicles within drip lines.
(5)
During the land clearing and construction stage of development, the developer shall
erect and maintain protective barriers (to the Building Inspector’s specifications
consistent with good management practices) around all trees or groups of trees to
be protected. The developer shall not allow the movement of equipment or the
storage of equipment, materials, debris or fill to be placed within the protective
barrier.
(6)
During the construction stage of development, the developer shall not allow the
cleaning of equipment or material within the drip line of any tree or groups of trees
to be protected. Neither shall the developer allow the disposal of waste materials
such as paint, oil solvents, asphalt, concrete, mortar and so on within the drip line
of any tree or groups of trees.
(7)
No attachments or wires other than those of a protective nature shall be attached
to any tree.
(8)
Soil disturbances within the drip line of a protected tree shall be limited to two
inches in depth removed or two inches in depth added. Any soil added under the
drip line of the tree shall be a loamy soil mix to ensure minimal compaction.
(9)
During land clearing and construction stage of development, the UDO Administrator
shall periodically inspect the site to insure compliance with the provisions of this
section.
(10)
Tree location and replacement activity permitted or required under this section shall
be done in accordance with standard forestry practices and procedures, and all such
plantings shall be reasonably maintained and attended to promote successful
establishment thereof.
Tree Loss Mitigation Policy. To offset negative impacts to natural environment, aesthetics,
and property values of Wrightsville Beach and to uphold the intent of this section, the
following tree replacement schedule shall be followed, which shall be in addition to any and
all fees and/or fines paid or incurred by a party that removes or alters a tree, the effect of
which is to eliminate it.
(1)
All protected trees removed shall be replaced in accordance with the following
criteria:
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Article 155.9
(G)
(a)
All trees required by this section, all trees on town-owned property and other
protected trees, excluding specimen trees, shall be replaced in a one-to-one
ratio with trees that at maturity will be of comparable DBH and height of the
tree removed. All replacement trees shall have a DBH of at least three
inches when planted.
(b)
Specimen trees shall be replaced on a two-to-one ratio with trees of the
same species. All replacement trees shall have a DBH of at least three
inches when planted.
(c)
All mitigation shall occur on the property where the tree was removed.
Mitigation in connection with construction shall be completed prior to
issuance of a certificate of occupancy.
(2)
Tree loss mitigation shall not take effect when a tree removed is that lost to natural
causes, such as age, disease, or storm, or other causes beyond the control of the
landowner and property developer, such as a car crash or fire for which no party is
found responsible. Tree loss mitigation shall take effect for all other trees allowed
to be removed by permit from the UDO Administrator or by variance from the Board
of Adjustment as well as for those trees altered or removed in violation of this
section.
(3)
A developer or property owner may be excused from the requirement to install new
required trees that would cause the lot in question to contain more than five total
protected trees, to include new and existing trees, if the UDO Administrator
determines that the size of a given property and presence of existing vegetation is
such that the introduction of a significant number of new trees may be detrimental
to both existing vegetation and proposed trees. The decision of the UDO
Administrator in such matter shall be final.
Penalties.
(1)
Any person who violates the provisions of Article 155.9, Section 9.23, Tree
Preservation, shall be deemed guilty of a misdemeanor or infraction punishable as
provided in NCGS 14-4 and shall be subject to a maximum fine upon conviction of
up to $2,500. Additionally, conviction thereof shall be grounds for the revocation
or suspension of any permit granted for the construction or remodeling of any
building or structure on the site so involved.
(2)
The violation of the provisions of Article 155.9, Section 155.9.23, Tree Preservation,
shall subject the offender to a civil penalty for each violation as follows:
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Article 155.9
(a)
The removal of each protected tree, excluding specimen trees, without first
obtaining an approved tree removal permit, shall subject the offender to a
civil penalty in the amount of $500.
(b)
The removal of each specimen tree without first obtaining an approved tree
removal permit shall subject the offender to a civil penalty in the amount of
$1,000.
(c)
The violation of any other provision of Article 155.9, Section 155.9.23, Tree
Preservation, shall subject the offender to a civil penalty of $50 for each
violation.
(d)
Each day that a violation of Article 155.9, Section 155.9.23, Tree
Preservation, as described in subsection (G)(2)(c) above continues shall
constitute a separate and distinct offense and shall be subject to a fine of
$50 per day.
(3)
No building permit or certificate of occupancy shall be issued for any improvements
upon a property where the provisions of Article 155.9, Section 155.9.23, Tree
Preservation, have not been complied with. A stop work order shall be issued until
violations of the provisions of Article 155.9, Section 155.9.23, Tree Preservation, are
corrected and until all fines and penalties are paid.
(4)
The UDO Administrator may defer any civil penalty levied under the provisions of
Article 155.9, Section 155.9.23, Tree Preservation, if the offender obtains an
approved tree permit and if the offender replants the disturbed area in accordance
with an approved tree protection plan meeting the requirements of Article 155.9,
Section 155.9.23, Tree Preservation.
(5)
Damages to protected trees shall be repaired to the maximum extent possible. Each
tree removed, destroyed, or damaged in violation of Article 155.9, Section 155.9.23,
Tree Preservation, shall be considered a separate offense.
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Article 155.9
SECTION 155.9.24 RECOMMENDED PLANT LIST
The following is a recommended plant list to be utilized in the preparation of Landscape Plans to
meet vegetation requirements. NOTE: Native vegetation is preferred. Plants not listed may be
accepted by the UDO Administrator if they meet the standards defined by this section. Some plants
are listed under multiple categories as many of these plants are offered in numerous varieties.
Mature height and spread of each plant is contingent on the variety. It is highly recommended that
Landscape Plans be prepared by or in consultation with a Registered Landscape Architect or
qualified landscape design professional.
Key:
E = EVERGREEN
N = NATIVE
D = DROUGHT TOLERANT
S = SALT TOLERANT (MODERATE TO HIGH)
Botanical Name
Common Name
Shade Tree – installed at 12-14 foot height and 2-inch caliper, mature height greater than 30 feet
Fagus grandifolia
American Beech
N
Ginkgo biloba (male only)
Ginkgo
D, S
Gleditsia tricanthos inermis
Thornless Honeylocust
N, S
Liquidambar styraciflua
American Sweetgum
N, D
Magnolia grandiflora
Southern Magnolia
E, N, D, S
Nyssa sylvatica
Black Gum
N, S
Quercus nigra
Water Oak
N, D, S
Quercus shumardii
Shumard Oak
N, D, S
Quercus phellos
Willow Oak
N, D, S
Quercus virginiana
Live Oak
E, N, D, S
Taxodium distichum
Bald Cypress
N, D
Ulmus parvifolia
Lacebark Elm
D, S
Small Tree – installed at 8-10 foot height and 1-inch caliper, mature height less than 30 feet
Acer buergerianum
Trident Maple
D, S
Amelanchier canadensis
Shadblow Serviceberry
N
Cercis canadensis
Eastern Redbud
N, D
Cornus florida
Dogwood
N
Fraximus americana
White Ash
N
Ilex cassine
Dahoon Holly
E, S
Ilex latifolia
Lusterleaf Holly
E, D
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Article 155.9
Botanical Name
Common Name
Ilex opaca
American Holly
E, N, D, S
Ilex vomitoria
Yaupon Holly
E, N, D, S
Ilex x attenuate ‘Fosters’
Foster’s Holly
E, D, S
Ilex x ‘Nellie Stevens’
Nellie Stevens Holly
E, D
Koelreuteria paniculata
Goldenraintree
D
Lagerstromia
Crapemyrtle
D, S
Magnnolia grandiflora ‘Little Gem’
Little Gem Magnolia
E, N, D, S
Magnolia virginiana
Sweetbay Magnolia
N
Magnolia x souangiana
Saucer Magnolia
D
Osmanthus americanus
Devilwood
E, N, S
Oxydendrum arboretum
Sourwood
N, S
Persea borbonia
Redbay
E, N, S
Prunus caroliniana
Carolina Cherrylaurel
E, D, S
Quercus geminate
Sand Live Oak
E, N, S
Vitex angus-castus
Chastetree
D, S
Large Shrub – installed at 5-foot height, maintained height at 6-10 feet
Berberis julianae
Wintergreen Barberry
E, D, S
Cleyera japonica
Japanese Cleyera
E
Elaeagnus pungens
Thorny Elaeagnus
E, S
Euonymous japonicas
Japanese Euonymus
E, S
Ilex cornuta
Holly
E, D, S
Ilex vomitoria
Yaupon Holly
E, N, D, S
Ligustrum japonicum
Wax Leaf Privet
E, D, S
Ligustrum lucidum
Glossy Privet
E, D
Mahonia bealei
Leatherleaf Mahonia
E
Myrica cerifera
Southern Waxmyrtle
E, N, D, S
Nerium oleander
Oleander
E, S
Osmanthus x fortunei
Fortunes Osmanthus
E, D
Photina serulata
Chinese Photina
E
Pittosporum tobira
Japanese Pittosporum
E, D, S
Podocarpus macrophyllus
Chinese Podocarpus
E, D, S
Rhaphiolepis umbellata
Indian Hawthorn
E, S
Intermediate Shrub – installed at 36-inch height, maintained height at 4-6 feet
Abelia x grandiflora
Glossy Abelia
E, D
Acuba japonica
Japanese Acuba
E, D, S
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Article 155.9
Botanical Name
Common Name
Clethera alnifolia
Sweet Pepperbush
N, S
Hydrangea macrophylla
Bigleaf Hydrangea
D, S
Ilex cornuta
Chinese Holly
E, D, S
Ilex crenata
Japanese Holly
E, D, S
Ilex glabra
Inkberry Holly
E, N, D
Juinperus chinensis
Chinese Juniper
E
Loropetalum chinensis
Chinese Fringe-Flower
E
Nerium oleander
Oleander
E
Raphiolepis indica
Indian Hawthorn
E, S
Sabal minor
Dwarf Pametto
E, N, D
Viburnum suspensum
Sandwanka Viburnum
E, S
Yucca filamentosa
Yucca
E, N, D, S
Small Shrub – installed at 18-inch height, maintained height at 3-4 feet
Abelia x grandiflora (dwarf var.)
Glossy Abelia
E, D
Acuba japonica (dwarf var.)
Japanese Acuba
E, D
Berberis thunbergii
Japanese Barberry
D
Buxus microphylla var. koreana
Korean Boxwood
E, D
Euonymus japonicus ‘Microphyllus
Variegatus’
Var. Boxleaf Euonymus
E
Gardenia jasminoides ‘Radicans’
Cape Jasmine
E, D
Ilex crenata ‘Soft Touch’
Japanese Holly
E, D, S
Ilex cornuta ‘Carissa’
Carissa Holly
E, D, S
Ilex vomitoria ‘Nana”
Dwarf Yaupon Holly
E, N, D, S
Itea virginica
Virginia Sweetspire
N, D
Jasminium nudiflorum
Winter Jasmine
E, D
Juniperus chinensis
Chinese Juniper
E, S
Nandina domestica
Dwarf Nandina
E, D
Pieris japonica
Japanese Pieris
E
Pittosporum tobira
Japanese Pittosporum
E, S
Raphiolepis indica
Indian Hawthorn
E, D, S
Spirea japonica
Japanese Spirea
D
Spirea nipponica
Snowmound Spirea
D
Yucca filamentosa
Yucca
E, N, D, S
Page 9-39
Article 155.9
ARTICLE 155.10
SIGN REGULATIONS
ARTICLE 155.10
SIGN REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1
Section 155.10.1
Prohibited Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-2
Section 155.10.2
Exempt Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-3
Section 155.10.3
Marquee Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-5
Section 155.10.4
Shore Zone Signs Permitted . . . . . . . . . . . . . . . . . . . . . . 10-5
Section 155.10.5
Signs Permitted in All Districts . . . . . . . . . . . . . . . . . . . . . 10-5
Section 155.10.6
Business and Name Signs . . . . . . . . . . . . . . . . . . . . . . . . 10-7
Section 155.10.7
Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-9
Section 155.10.8
Unsafe Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-9
Section 155.10.9
Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-9
Section 155.10.10
Removal of Unlawful Signs . . . . . . . . . . . . . . . . . . . . . . . 10-10
Section 155.10.11
Location Restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-10
Section 155.10.12
Structural Requirements . . . . . . . . . . . . . . . . . . . . . . . . . 10-10
Section 155.10.13
Construction of Freestanding Signs . . . . . . . . . . . . . . . . . 10-10
Section 155.10.14
Exterior Lights and Signs . . . . . . . . . . . . . . . . . . . . . . . . 10-11
Section 155.10.15
Nonconforming Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-11
NOTE: PLEASE REFER TO APPENDIX A FOR DEFINITIONS
Page 10-1
Article 155.10
ARTICLE 155.10 SIGN REGULATIONS
SECTION 155.10.1 PROHIBITED SIGNS
(A)
Spectacular signs which are flashing or intermittently illuminated or moving signs are
prohibited in all districts. No strings of electric light bulbs shall be permitted in any district.
(B)
No signs shall be permitted advertising or directing persons to services, places, or products
not in the town limits. Exception: "For Rent" or "For Sale" signs, located on specific places
for rent or for sale, of real estate agents located outside the town limits.
(C)
No roof signs, as defined in Appendix A, shall be permitted in any district.
(D)
No billboard signs, as defined in Appendix A, shall be permitted in any district.
(E)
Any sign existing prior to adoption of this Ordinance, which under the terms of this section
would be nonconforming, shall be considered a conforming sign for the purposes of this
section, until/unless said sign is altered.
(F)
Portable signs, as defined in Appendix A, shall not be permitted in any district.
(G)
No sign shall make use of the words "STOP," "SLOW," "CAUTION," "DANGER," or any other
word, phrase, symbol, or character in such manner as is reasonably likely to be confused
with traffic directional and regulatory signs.
(H)
No sign shall be erected so that by its location, color, nature, or message is likely to be
confused with or obstruct the view of traffic signals or signs, or is likely to be confused with
the warning lights of an emergency or public safety vehicle.
(I)
No flags, festoons, balloons or banners shall be allowed in any district except as may be
allowed as exempt signs under Section 155.10.2.
(J)
No sign shall be permitted within the rights-of-way of streets or roads except those
designated for the regulations of vehicular and pedestrian traffic and which are approved
by the "Manual of Uniform Traffic Control Devices for Streets and Highways."
(K)
No mobile signs, as defined in Appendix A, shall be permitted in any district.
(L)
No snipe signs, as defined in Appendix A, shall be permitted in any district.
(M)
No wind signs, as defined in Appendix A, shall be permitted in any district.
Page 10-2
Article 155.10
SECTION 155.10.2 EXEMPT SIGNS
The following signs are exempt from regulation and permit requirements under this section,
provided such signs comply with the provisions of Section 155.10.1.
(A)
Signs bearing only property identification numbers and names, post office box numbers,
names of occupants of the premises on which the signs are located, or other identification
of premises not of a commercial nature, provided such signs are not illuminated and do not
exceed two signs per zoning lot nor two square feet in area per display surface.
(B)
Official government flags and insignia of a government, when flown or displayed in
accordance with the patriotic customs set forth in 4 USC Section 510, as amended, with the
consent of either the owner of the property on which such flags or insignia are flown or
displayed or any person having lawful control of such property and where such flags and
insignia do not exceed 100 square feet in area.
(C)
Legal notices, identification and informational signs, and traffic directional or regulatory
signs erected by or on behalf of a governmental body.
(D)
Memorial signs or tablets, and names and construction dates of buildings when cut into any
masonry surface.
(E)
Directional or instructional signs directing and guiding traffic and parking on private property
on which the signs are located, provided such signs are non-illuminated or indirectly
illuminated, bear no advertising matter, and do not exceed four square feet in area per
display surface, not exceeding a total of four signs per lot.
(F)
Real estate signs advertising the sale, rental, or lease of the premises on which said signs
are located, provided said signs do not exceed one sign per street frontage and four square
feet in area per display surface for property zoned residential; 16 square feet per display
surface for property zoned nonresidential.
(G)
Compliant political signs are permitted during the period beginning on the 30th day before
the beginning date of “one-stop” early voting under NCGS 163-227.2 and ending on the 10th
day after the primary or election day, persons may place political signs in the right -of-way
of the State highway system as provided in this section. The permittee must obtain the
permission of any property owner of a residence, business, or religious institution fronting
the right-of-way where a sign would be erected. Signs must be placed in accordance with
the following and must be removed by the end of the period prescribed above.
Page 10-3
Article 155.10
(1)
No sign shall be permitted in the right-of-way of a fully controlled access highway.
(2)
No sign shall be closer than three feet from the edge of the pavement of the road.
(3)
No sign shall obscure motorist visibility at an intersection.
(4)
No sign shall be higher than 42 inches above the edge of the pavement of the road.
(5)
No sign shall be larger than 864 square inches.
(6)
No sign shall obscure or replace another sign.
(H)
Yard or garage sale signs announcing yard or garage sales, provided such signs do not
exceed one sign per site of such sale nor four square feet in area per display surface, are
removed within seven days of erection, and are located on the lot on which the sale is
conducted.
(I)
Public event announcements by public or nonprofit organizations of special events or
activities of interest to the general public, provided such signs do not exceed one sign per
site of such events or activities nor 12 square feet in area per display surface, and are
removed within 14 days of erection.
(J)
Signs announcing grand openings of new businesses only, provided such signs are attached
to the building in which the business is located, do not exceed 32 square feet of display
area per business site, and are displayed for a period not to exceed 21 days.
(K)
Information bulletin boards erected by or on behalf of a governmental body on public
property or rights-of-way in the Town Center districts for the display of handbills or posters
of community interest, provided such bulletin boards contain no more than six square feet
in area per sign display surface, and a maximum of 72 square feet per bulletin board.
(L)
Signs, banners, flags, and pennants used in connection with a group activity function as
approved by the Board of Aldermen provided that display of the signage shall not exceed
60 days and the signage is only used on property owned by the town or in the public rightof-way. The Board of Aldermen shall review and approve the signage display as part of the
Special Event Permit Review Process.
Page 10-4
Article 155.10
SECTION 155.10.3 MARQUEE SIGNS
Marquee signs shall be constructed entirely of metal or noncombustible material and may be
attached to, or hung from a marquee. Such signs, when hung from a marquee, shall be at least
eight feet at its lowest level above the sidewalk or ground level. Further, no such sign shall extend
outside the line of the marquee, though the sign may extend the entire length and width of the
marquee, provided the sign does not have a vertical dimension greater than two feet on a marquee
up to 40 feet in length, nor a vertical dimension greater than three feet on a marquee 40 feet or
more in length.
SECTION 155.10.4 SHORE ZONE SIGNS PERMITTED
(A)
(B)
The following signs shall be permitted in a shore zone without a permit:
(1)
Small, neat signs denoting private property or private piers.
(2)
Signs not to exceed four square feet for charter boards or gangway, pier, or
adjacent land; limit of one sign per boat.
(3)
"For Sale" signs in this zone shall not exceed two square feet; limit one sign per lot.
A permit is required for the following signs in the shore zone. The permit shall be granted
by the Board of Aldermen.
(1)
Signs not to exceed eight square feet on gangway or pier identifying same; limit of
one sign to pier.
(2)
Signs not to exceed eight square feet designating public watersports, boats for hire,
and the like; limit one sign to lot.
SECTION 155.10.5 SIGNS PERMITTED IN ALL DISTRICTS
(A)
The following signs shall be permitted in all districts:
(1)
Directional and Informational Signs. Directional and informational signs erected and
maintained by public agencies and governmental bodies.
(2)
Lease, Rent, or Sale Signs. One sign per lot. Temporary signs shall not exceed four
square feet advertising the sale or rental of the premises; permanent signs shall not
exceed two square feet advertising the sale or rental of the premises.
Page 10-5
Article 155.10
(3)
Bulletin Boards. Churches, schools, community centers, and other public and
institutional uses may erect one sign or bulletin board not exceeding 12 square feet
in area for the purpose of displaying the name of the institution and related
information. The signs shall be used as wall signs or shall be located a minimum of
7-1/2 feet from property lines. Where side yards are required, no sign shall be
permitted in the required side yards. The signs may be indirectly illuminated.
(4)
Construction Signs. During the construction, repair, or alteration of a structure, a
temporary construction sign which denotes the architect, engineer, contractor, or
builder or which denotes the name of the structure and its use or occupants-to-be
may be placed within the lot side of the required yard setback as a ground or a wall
sign. The dimensions of the sign shall not exceed 32 square feet in area. All
construction site signs shall be removed when the building has been approved for
occupancy by the UDO Administrator. Larger signs not to exceed 64 square feet
shall be subject to special permit.
(5)
Subdivision Signs. Subdivision signs advertising the sale of lots or buildings within
new subdivisions on which they are located are permitted, provided:
(B)
(a)
They are nonilluminated or indirectly illuminated.
(b)
They do not exceed ten square feet for each parcel in the subdivision but not
more than 200 square feet.
(c)
Not more than one sign shall be located at each major approach to the
subdivision.
(d)
They meet all requirements applying to principal structures with regard to
yard, setback, and height requirements.
(e)
They are landscaped and well maintained in the best interest of the
developer and the community.
(f)
That display of the signs shall be limited to a period of two years.
Prior to the expiration date of the permit for subdivision signs, the applicant may request
an extension. Signs shall be removed prior to the expiration of the two year period or
extension thereof. If the sign has not been removed, the town may enter the premises
upon which the sign is located and remove the sign at no liability to the town at the
expense of the owner.
Page 10-6
Article 155.10
(C)
Permanent subdivision signs without advertising may remain as long as they are adequately
maintained.
SECTION 155.10.6 BUSINESS AND NAME SIGNS
Business signs and name signs shall be permitted on the premises of the business in districts in
which the principal use is permitted subject to the following limitations:
(A)
One permanent free-standing sign one-half square foot to each linear foot of lot frontage,
not to exceed a maximum of 64 square feet on a lot with single street frontage. Two
permanent free-standing signs one-half square foot to each linear foot of lot frontage, not
to exceed a maximum of 64 square feet on a lot with double street frontage. Free-standing
signs shall not exceed eight feet in height above the centerline elevation of the adjacent
street right-of-way. It shall be the responsibility of the person applying for the sign permit
to determine and verify sign, ground and street right-of-way centerline elevations.
(B)
Individual uses shall be allowed canopy, wall, window, pedestrian, and awning signs, in the
total aggregate area per building front of one square foot per linear foot of building
frontage, not to exceed a maximum combined sign area of 32 square feet per each
individual use. This shall be in addition to sign area allowed for a free-standing signs(s).
(C)
Wall signs attached to walls of solid masonry, concrete, or stone, shall be safely and
securely attached by means of hot dipped galvanized or stainless steel metal anchors, bolts,
or expansion screws of not less than 3/8 inch in diameter and shall be embedded at least
five inches. No wooden blocks shall be used for anchorage, except in the case of wall signs
attached to buildings with walls of wood. No wall sign shall be supported by anchorages
secured to an unbraced parapet wall.
(D)
All projecting signs, whether they project from any building wall, canopy, or similar structure
shall be positioned so that the farthest extended part of a sign shall be at least three feet
from the existing curb line measured from the building side of the curb line. All projecting
signs shall be constructed entirely of metal or other noncombustible material and securely
attached to a building, canopy or similar structure by hot dipped galvanized or stainless
steel metal supports such as bolts, anchors, supports, chains, guys, or steel rods.
(E)
If suspended the sign shall be placed no higher than one building story and shall hang at
least eight feet above the sidewalk levels. Marquees, canopies and other similar type
structures shall be placed no higher than one building story nor shall they hang closer than
ten feet to any sidewalk level. Marquee signs shall be constructed entirely of metal or
noncombustible material and may be attached to, or hung from a marquee, and the signs
Page 10-7
Article 155.10
when hung from a marquee shall be at least eight feet at its lowest level above the sidewalk
or ground level, and further, no sign shall extend outside the line of the marquee. Marquee
signs may be attached to the sides and front of a marquee, and the sign may extend the
entire length and width of the marquee; provided, that the sign does not have a vertical
dimension greater than two feet, on a marquee up to 40 feet in length, nor a vertical
dimension greater than three feet on a marquee 40 feet or more in length.
(F)
Display lighting shall be shielded so as to prevent a direct view of the light source from a
residence in a residential district. No intermittent lighting effects may be utilized. A lighted
wall sign shall not be located closer than 50 feet to residentially zoned property. No sign
within 150 feet of residentially zoned property shall be illuminated between 1:00 a.m. and
6:00 a.m. Eastern Standard Time.
(G)
Free-standing signs shall be located less than ten feet from the street lot line. No freestanding sign shall be located in a required side yard or within ten feet of the side property
line (refer to State Building Code for construction standards which apply).
(H)
Temporary signs, banners, placards, decorations, and the like, constructed of light materials
for promotion of civic, political, or charitable enterprises or events may be displayed in any
business district for periods not exceeding ten days continuously and totaling not more than
30 days in any one year, except for public holiday decorations. However, no signs may be
erected on or affixed to public property.
(I)
Where a lot contains more than one principal use or establishment, the provisions of this
section shall apply to the lot as a whole, and the owner of the lot shall be responsible for
allocating permitted signs and display surface areas among the individual uses or
establishments. A sign plan shall be submitted to the UDO Administrator for such lot to
show all signs located or proposed thereon and shall be designed so that all signs are in
harmony and consistent with each other.
(J)
In the C-1 Zoning District, only wall, marquee, window, awning, and canopy signs shall be
allowed.
(K)
Service stations or any business selling gasoline are allowed additional signs listed below:
(1)
Gasoline price and/or self-service signs located at and secured to each pump island
and not exceeding nine square feet per sign side.
(2)
Each gasoline pump shall be allowed to display only the brand name or emblem of
the gasoline and shall not exceed the limits on the face of the pump.
Page 10-8
Article 155.10
(3)
(L)
A North Carolina inspections sign shall be permitted on the business site provided
said sign does not exceed four square feet per side.
Additional provisions for signs in shopping centers.
(1)
All free-standing signs in shopping centers shall have a landscaped area located at
the base of the sign. The landscaped area shall equal at least twice the area of the
sign. The landscaped material shall be a planting of shrubs and flowers not over
three feet in height and covering 50% of the landscaped area. All landscaped areas
shall be continually maintained.
(2)
Window signs in shopping centers may not exceed 30% of the window or door on
which the signs are located and may not be internally lighted.
SECTION 155.10.7 PERMITS
(A)
No sign shall be erected, constructed, altered, or maintained except as provided in this
section until after a permit for the same has been issued by the UDO Administrator and the
fee paid.
(B)
No permit fee shall be required for a single sign over a show window or door of a store or
business establishment, announcing without display or elaboration, only the name of the
proprietor and nature of business; provided, that the sign is not over six feet square in area.
SECTION 155.10.8 UNSAFE SIGNS
Should any sign become insecure or in danger of falling or otherwise unsafe in the opinion of the
UDO Administrator, the owner thereof, or the person or firm maintaining the sign, shall, upon
written notice from the UDO Administrator, forthwith in the case of immediate danger and in any
case within ten days, secure the sign in a manner to be approved by the UDO Administrator, in
conformity with the provisions of this Article or remove the sign. If the order is not complied with
within ten days, the UDO Administrator shall remove the sign at the expense of the owner or lessee
thereof.
SECTION 155.10.9 MAINTENANCE
All signs for which a permit is required, together with all their supports, braces, guys, and anchors
shall be kept in repair and unless of galvanized or noncorroding metal shall be thoroughly painted
at least once every two years. The UDO Administrator may order the removal of any sign that is
Page 10-9
Article 155.10
not maintained in accordance with the provisions of this section. The removal shall be at the
expense of the owner or lessee.
SECTION 155.10.10 REMOVAL OF UNLAWFUL SIGNS
In case any sign shall be installed, erected, or constructed in violation of any of the terms of this
Article, the UDO Administrator shall notify by registered mail or written notice served personally,
the owner or lessee thereof to alter the sign so as to comply with these zoning regulations and to
secure the necessary permit therefor, or to remove the sign. If the order is not complied with
within ten days, the UDO Administrator shall remove the sign at the expense of the owner or lessee
thereof.
SECTION 155.10.11 LOCATION RESTRICTION
(A)
No outdoor advertising display sign shall be erected, constructed, or maintained so as to
obstruct any fire escape or any window or door or opening used as a means of egress or
so as to prevent free passage from one part of a roof to any other part thereof. No sign
shall be attached in any form, shape, or manner to a fire escape, nor be placed in a manner
as to interfere with any opening required for legal ventilation.
(B)
Combustible freestanding signs and roof signs, as defined in the North Carolina Building
Code Sections 2301.2(B) and (C), shall not be permitted in Fire District No. I and Fire
District No. II.
SECTION 155.10.12 STRUCTURAL REQUIREMENTS
Structural requirements for signs shall be those requirements found in the North Carolina State
Building Code Sections 2302.1, 2302.2, and 2302.3.
SECTION 155.10.13 CONSTRUCTION OF FREESTANDING SIGNS
The following construction requirements shall apply to freestanding signs:
(A)
Lighting reflectors may project beyond the face of the sign.
(B)
Any person or persons, partnership, firm, or corporation occupying any vacant lot or
premises by means of a ground sign, shall be subject to the same duties and responsibilities
as the owner of the lot or premises, with respect to keeping the same clean, sanitary,
inoffensive, free and clear of all obnoxious substances and unsightly conditions on the
ground in the vicinity of the ground sign on the premises for which they may be responsible.
Page 10-10
Article 155.10
(C)
Wherever anchors or supports consist of wood embedded in the soil, the wood shall be
pressure-treated with an approved preservative.
SECTION 155.10.14 EXTERIOR LIGHTS AND SIGNS
(A)
No exterior electric, gas, neon, or other illuminated advertising sign, whether by reflection
or otherwise, shall remain burning between the hours of 1:00 a.m. and 7:00 a.m.
(B)
The illuminating parts of lighting signs or advertisements, where their rays or beams fall
upon a residence, shall be so low in power and intensity as not to create a glare or offensive
light on the residence. If a business house or boardinghouse desires to have an illumination
which would ordinarily create a glare or be a disturbance to a residence of the town, the
illumination on the signs or advertising shall be directed, hooded, or shaded so that the full
force of the beams or rays from them shall not fall upon any residence within 200 feet of
the sign.
(C)
All lighted signs shall comply with the provisions of Article 155.9, Part III, Outdoor Lighting
Ordinance.
SECTION 155.10.15 NONCONFORMING SIGNS
Any sign existing prior to the date of adoption of this Ordinance, which under the terms of this
Article would be nonconforming, shall be considered a conforming sign for the purposes of this
Article. Nothing in this section shall be construed in any way that will allow the continued existence
of any signs found to be unsafe under the provisions of Section 155.10.8 of this Article.
Page 10-11
Article 155.10
ARTICLE 155.11
ENVIRONMENTAL REGULATIONS
ARTICLE 155.11
PART I.
ENVIRONMENTAL REGULATIONS . . . . . . . . . . . . . . . . . . .
11-1
FLOOD DAMAGE PREVENTION ORDINANCE . . . . . . . . . . . . . 11-3
Section 155.11.1
Statutory Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-3
Section 155.11.2
Findings of Fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-3
Section 155.11.3
Statement of Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-3
Section 155.11.4
Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4
Section 155.11.5
Lands to Which this Section Applies . . . . . . . . . . . . . . . . . . . 11-4
Section 155.11.6
Basis for Establishing the Special Flood Hazard Areas . . . . . . 11-4
Section 155.11.7
Establishment of Floodplain Development Permit . . . . . . . . . 11-5
Section 155.11.8
Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-5
Section 155.11.9
Abrogation and Greater Restrictions . . . . . . . . . . . . . . . . . . 11-5
Section 155.11.10 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-5
Section 155.11.11 Warning and Disclaimer of Liability . . . . . . . . . . . . . . . . . . . 11-5
Section 155.11.12 Designation of Floodplain Administrator . . . . . . . . . . . . . . . . 11-6
Section 155.11.13 Floodplain Development Application/Permit/Certification
Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-6
Section 155.11.14 Duties and Responsibilities of the Floodplain Administrator . . 11-11
Section 155.11.15 Corrective Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-14
Section 155.11.16 Variance Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-15
Section 155.11.17 General Standards for Flood Hazard Reduction . . . . . . . . . . . 11-17
Section 155.11.18 Specific Standards for Flood Hazard Reduction . . . . . . . . . . . 11-19
Section 155.11.19 Standards for Floodplains without Established Base
Flood Elevation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-25
Section 155.11.20 Standards for Riverine Floodplains with BFE but without
Established Floodways or Non-Encroachment Areas . . . . . . . 11-26
Section 155.11.21 Floodways and Non-Encroachment Areas . . . . . . . . . . . . . . . 11-27
Section 155.11.22 Coastal High Hazard Areas (Zones VE) . . . . . . . . . . . . . . . . . 11-27
Section 155.11.23 Effect on Rights and Liabilities under the Existing Flood
Damage Prevention Ordinance . . . . . . . . . . . . . . . . . . . . . . 11-29
Section 155.11.24 Effect Upon Outstanding Floodplain Development Permits . . . 11-29
Page 11-1
Article 155.11
ARTICLE 155.11
ENVIRONMENTAL REGULATIONS
PART II.
SEDIMENTATION AND SOIL EROSION CONTROL . . . . . . . . . 11-29
Section 155.11.25 General Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-29
PART III.
OCEANFRONT PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-30
Section 155.11.26 Oceanfront Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-30
Section 155.11.27 Shoreline Development Boundary General Requirements . . . . 11-30
Section 155.11.28 Procedures for Development East of the Shoreline
Development Boundary . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-31
Section 155.11.29 Access Structure Specifications . . . . . . . . . . . . . . . . . . . . . . 11-33
Section 155.11.30 Removable Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-36
Section 155.11.31 Maintenance of Oceanfront Systems and Structures . . . . . . . 11-37
Section 155.11.32 Authority to Remove Structure . . . . . . . . . . . . . . . . . . . . . . 11-38
Section 155.11.33 Damaging Dunes or Vegetation . . . . . . . . . . . . . . . . . . . . . . 11-38
Section 155.11.34 Compliance, Non-Conformities, Exceptions, & Exemptions . . . 11-39
Section 155.11.35 Enforcement Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-40
Page 11-2
Article 155.11
ARTICLE 155.11 ENVIRONMENTAL REGULATIONS
PART I.
FLOOD DAMAGE PREVENTION ORDINANCE
SECTION 155.11.1 STATUTORY AUTHORIZATION
The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5
and 8 of Article 19 of Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General
Statutes, delegated to local governmental units the responsibility to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry.
SECTION 155.11.2 FINDINGS OF FACT
(A)
The flood prone areas within the jurisdiction of the town are subject to periodic inundation
which can result in loss of life, property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures of flood protection and relief,
and impairment of the tax base, all of which adversely affect the public health, safety, and
general welfare.
(B)
These flood losses are caused by the cumulative effect of obstructions in floodplains causing
increases in flood heights and velocities and by the occupancy in flood prone areas of uses
vulnerable to floods or other hazards.
SECTION 155.11.3 STATEMENT OF PURPOSE
It is the purpose of this section to promote public health, safety, and general welfare and to
minimize public and private losses due to flood conditions within flood prone areas by provisions
designed to:
(A)
Restrict or prohibit uses that are dangerous to health, safety, and property due to water or
erosion hazards or that result in damaging increases in erosion, flood heights, or velocities;
(B)
Require that uses vulnerable to floods, including facilities that serve such uses, be protected
against flood damage at the time of initial construction;
(C)
Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of flood waters;
(D)
Control filling, grading, dredging, and all other development that may increase erosion or
flood damage; and
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Article 155.11
(E)
Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters
or which may increase flood hazards to other lands.
SECTION 155.11.4 OBJECTIVES
The objectives of this section are to:
(A)
Protect human life, safety, and health;
(B)
Minimize expenditure of public money for costly flood control projects;
(C)
Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(D)
Minimize prolonged business losses and interruptions;
(E)
Minimize damage to public facilities and utilities (i.e., water and gas mains, electric,
telephone, cable and sewer lines, streets, and bridges) that are located in flood prone
areas;
(F)
Help maintain a stable tax base by providing for the sound use and development of flood
prone areas; and
(G)
Ensure that potential buyers are aware that property is in a Special Flood Hazard Area.
SECTION 155.11.5 LANDS TO WHICH THIS SECTION APPLIES
This section shall apply to all Special Flood Hazard Areas within the jurisdiction, including
extraterritorial jurisdictions (ETJs) if applicable, of the Town of Wrightsville Beach.
SECTION 155.11.6 BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS
The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS)
agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and
its accompanying Flood Insurance Rate Maps (FIRM) for New Hanover County, dated April 3, 2006,
and hereinafter amended, which are adopted by reference and declared to be a part of this
Ordinance.
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Article 155.11
SECTION 155.11.7 ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT
A Floodplain Development Permit shall be required in conformance with the provisions of this
section prior to the commencement of any development activities within Special Flood Hazard Areas
determined in accordance with Section 155.11.6.
SECTION 155.11.8 COMPLIANCE
No structure or land shall hereafter be located, extended, converted, altered, or developed in any
way without full compliance with the terms of this section and other applicable regulations.
SECTION 155.11.9 ABROGATION AND GREATER RESTRICTIONS
This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this section and another conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
SECTION 155.11.10 INTERPRETATION
In the interpretation and application of this section, all provisions shall be:
(A)
Considered as minimum requirements;
(B)
Liberally construed in favor of the governing body; and
(C)
Deemed neither to limit nor repeal any other powers granted under state statutes.
SECTION 155.11.11 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this section is considered reasonable for regulatory
purposes and is based on scientific and engineering consideration. Larger floods can and will occur.
Actual flood heights may be increased by man-made or natural causes. This section does not imply
that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free
from flooding or flood damages. This section shall not create liability on the part of the town or by
any officer or employee thereof for any flood damages that result from reliance on this section or
any administrative decision lawfully made hereunder.
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Article 155.11
SECTION 155.11.12 DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The UDO Administrator, or his/her designee, hereinafter referred to as the “Floodplain
Administrator,” is hereby appointed to administer and implement the provisions of this section.
SECTION 155.11.13 FLOODPLAIN DEVELOPMENT APPLICATION/PERMIT/CERTIFICATION
REQUIREMENTS
(A)
Application Requirements. Application for a Floodplain Development Permit shall be made
to the Floodplain Administrator prior to any development activities located within Special
Flood Hazard Areas. The following items shall be presented to the Floodplain Administrator
to apply for a floodplain development permit:
(1)
A plot plan drawn to scale which shall include, but shall not be limited to, the
following specific details of the proposed floodplain development:
(a)
The nature, location, dimensions, and elevations of the area of
development/disturbance, existing and proposed structures, utility systems,
grading/pavement areas, fill materials, storage areas, drainage facilities, and
other development;
(b)
The boundary of the Special Flood Hazard Area as delineated on the FIRM
or other flood map as determined in Section 155.11.6, or a statement that
the entire lot is within the Special Flood Hazard Area;
(c)
Flood zone(s) designation of the proposed development area as determined
on the FIRM or other flood map as determined in Section 155.11.6;
(d)
The boundary of the floodway(s) or non-encroachment area(s) as
determined in Section 155.11.6;
(e)
The Base Flood Elevation (BFE) where provided as set forth in Section
155.11.6, Section 155.11.14, or Section 155.11.19;
(f)
The old and new location of any watercourse that will be altered or relocated
as a result of proposed development;
(g)
The boundary and designation date of the Coastal Barrier Resource System
(CBRS) area or Otherwise Protected Areas (OPA), if applicable; and
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Article 155.11
(h)
(2)
Certification of the plot plan by a registered land surveyor or professional
engineer.
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 non-residential structure
in Zone AE or A will be floodproofed; and
(c)
Elevation in relation to mean sea level to which any proposed utility systems
will be elevated or floodproofed.
(3)
If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting data
and an operational plan that includes but is not limited to installation, exercise, and
maintenance of floodproofing measures.
(4)
A foundation plan, drawn to scale, which shall include details of the proposed
foundation system to ensure all provisions of this section are met. These details
include but are not limited to:
(a)
The proposed method of elevation, if applicable (i.e., fill, solid foundation
perimeter wall, solid backfilled foundation, open foundation on
columns/posts/piers/piles/shear walls);
(b)
Openings to facilitate equalization of hydrostatic flood forces on walls in
accordance with subsection 155.11.18(D)(3), when solid foundation
perimeter walls are used in Zones A, AE, and A1 - 30;
(c)
The following, in Coastal High Hazard Areas, in accordance with subsection
155.11.18(D)(4) and Section 155.11.22:
1.
V-Zone Certification with accompanying plans and specifications
verifying the engineered structure and any breakaway wall designs;
2.
Plans for open wood latticework or insect screening, if applicable;
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Article 155.11
3.
(B)
Plans for non-structural fill, if applicable. If non-structural fill is
proposed, it must be demonstrated through coastal engineering
analysis that the proposed fill would not result in any increase in the
base flood elevation or otherwise cause adverse impacts by wave
ramping and deflection on to the subject structure or adjacent
properties.
(5)
Usage details of any enclosed areas below the lowest floor. A non-conversion
agreement (on a form provided by the town) shall be required prohibiting the
conversion of any building area below the freeboard elevation to enclosed habitable
space.
(6)
Plans and/or details for the protection of public utilities and facilities such as sewer,
gas, electrical, and water systems to be located and constructed to minimize flood
damage.
(7)
Certification that all other Local, State, and Federal permits required prior to
floodplain development permit issuance have been received.
(8)
Documentation for placement of Recreational Vehicles and/or Temporary Structures,
when applicable, to ensure that the provisions of subsection 155.11.18(F) and (G)
of this section are met.
(9)
A description of proposed watercourse alteration or relocation, when applicable,
including an engineering report on the effects of the proposed project on the floodcarrying capacity of the watercourse and the effects to properties located both
upstream and downstream; and a map (if not shown on plot plan) showing the
location of the proposed watercourse alteration or relocation.
Permit Requirements. The Floodplain Development Permit shall include, but not be limited
to:
(1)
A description of the development to be permitted under the floodplain development
permit.
(2)
The Special Flood Hazard Area determination for the proposed development in
accordance with the available data specified in Section 155.11.6.
(3)
The regulatory flood protection elevation required for the reference level and all
attendant utilities.
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Article 155.11
(C)
(4)
The regulatory flood protection elevation required for the protection of all public
utilities.
(5)
All certification submittal requirements with timelines.
(6)
A statement that no fill material or other development shall encroach into the
floodway or non-encroachment area of any watercourse, as applicable.
(7)
The flood openings requirements, if in Zones A, AE, or A1 - 30.
(8)
Limitations of use of the enclosures below the lowest floor (if applicable) (i.e.,
parking, building access, and limited storage only).
Certification Requirements.
(1)
Elevation Certificates.
(a)
An Elevation Certificate (FEMA Form 81-31) is required prior to the actual
start of any new construction. It shall be the duty of the permit holder to
submit to the Floodplain Administrator a certification of the elevation of the
reference level, in relation to mean sea level. The Floodplain Administrator
shall review the certificate data submitted. Deficiencies detected by such
review shall be corrected by the permit holder prior to the beginning of
construction. Failure to submit the certification or failure to make required
corrections shall be cause to deny a floodplain development permit.
(b)
An Elevation Certificate (FEMA Form 81-31) is required after the reference
level is established. Within seven (7) calendar days of establishment of the
reference level elevation, it shall be the duty of the permit holder to submit
to the Floodplain Administrator a certification of the elevation of the
reference level, in relation to mean sea level. Any work done within the
seven-day calendar period and prior to submission of the certification shall
be at the permit holder’s risk. The Floodplain Administrator shall review the
certificate data submitted. Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior to further work being
permitted to proceed. Failure to submit the certification or failure to make
required corrections shall be cause to issue a stop-work order for the
project.
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Article 155.11
(c)
A final as-built Elevation Certificate (FEMA Form 81-31) is required after
construction is completed and prior to Certificate of Compliance/Occupancy
issuance. It shall be the duty of the permit holder to submit to the
Floodplain Administrator a certification of final as-built construction of the
elevation of the reference level and all attendant utilities. The Floodplain
Administrator shall review the certificate data submitted. Deficiencies
detected by such review shall be corrected by the permit holder immediately
and prior to Certificate of Compliance/Occupancy issuance. In some
instances, another certification may be required to certify corrected as-built
construction. Failure to submit the certification or failure to make required
corrections shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy.
(d)
All new or substantially improved structures shall be certified by a registered
engineer that the construction shall be securely anchored to adequately
anchored pilings or columns in order to withstand velocity waters and
hurricane wave wash as required. All engineering certification shall be in
writing and bear the engineer’s seal and signature.
Floodproofing Certificate.
(2)
If nonresidential floodproofing is used to meet the
regulatory flood protection elevation requirements, a Floodproofing Certificate
(FEMA Form 81-65), with supporting data, an operational plan, and an inspection
and maintenance plan, are required prior to the actual start of any new construction.
It shall be the duty of the permit holder to submit to the Floodplain Administrator
a certification of the floodproofed design elevation of the reference level and all
attendant utilities, in relation to mean sea level. Floodproofing certification shall be
prepared by or under the direct supervision of a professional engineer or architect
and certified by same. The Floodplain Administrator shall review the certificate data,
the operational plan, and the inspection and maintenance plan. Deficiencies
detected by such review shall be corrected by the applicant prior to permit approval.
Failure to submit the certification or failure to make required corrections shall be
cause to deny a floodplain development permit. Failure to construct in accordance
with the certified design shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy.
(3)
If a watercourse is to be altered or relocated, a description of the extent of
watercourse alteration or relocation; a professional engineer’s certified report on the
effects of the proposed project on the flood-carrying capacity of the watercourse
and the effects to properties located both upstream and downstream; and a map
showing the location of the proposed watercourse alteration or relocation shall all
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Article 155.11
be submitted by the permit applicant prior to issuance of a floodplain development
permit.
(4)
Certification Exemptions. The following structures, if located within Zone A, AE, or
A1-30, are exempt from the elevation/floodproofing certification requirements
specified in Items (1) and (2) of this subsection:
(5)
(a)
Recreational vehicles meeting requirements of subsection 155.11.18(F)(1);
(b)
Temporary structures meeting requirements of subsection 155.11.18(G);
and
(c)
Accessory structures less than 150 square feet meeting requirements of
subsection 155.11.18(H).
A V-Zone certification with accompanying design plans and specifications is required
prior to issuance of a Floodplain Development Permit within coastal high hazard
areas. It shall be the duty of the permit applicant to submit to the Floodplain
Administrator said certification to ensure the design standards of this section are
met. A registered professional engineer or architect shall develop or review the
structural design, plans, and specifications for construction and certify that the
design and methods of construction to be used are in accordance with accepted
standards of practice for meeting the provisions of this section. This certification is
not a substitute for an Elevation Certificate.
SECTION 155.11.14 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
The Floodplain Administrator shall perform, but not be limited to, the following duties:
(A)
Review all floodplain development applications and issue permits for all proposed
development within Special Flood Hazard Areas to assure that the requirements of this
section have been satisfied.
(B)
Review all proposed development within Special Flood Hazard Areas to assure that all
necessary Local, State, and Federal permits have been received.
(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 (FEMA).
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Article 155.11
(D)
Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is maintained.
(E)
Prevent encroachments into floodways and non-encroachment areas unless the certification
and flood hazard reduction provisions of Section 155.11.21 are met.
(F)
Obtain actual elevation (in relation to mean sea level) of the reference level (including
basement) and all attendant utilities of all new or substantially improved structures, in
accordance with subsection 155.11.13(C).
(G)
Obtain actual elevation (in relation to mean sea level) to which all new and substantially
improved structures and utilities have been floodproofed, in accordance with subsection
155.11.13(C).
(H)
Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance
with subsection 155.11.13(C).
(I)
When floodproofing is utilized for a particular structure, obtain certifications from a
registered professional engineer or architect in accordance with subsections 155.11.13(C)
and 155.11.18(C).
(J)
Where interpretation is needed as to the exact location of boundaries of the Special Flood
Hazard Areas, floodways, or non-encroachment areas (for example, where there appears
to be a conflict between a mapped boundary and actual field conditions), make the
necessary interpretation. The person contesting the location of the boundary shall be given
a reasonable opportunity to appeal the interpretation as provided in this Article.
(K)
When Base Flood Elevation (BFE) data has not been provided in accordance with
Section 11.6, obtain, review, and reasonably utilize any Base Flood Elevation (BFE) data,
along with floodway data or non-encroachment area data available from a Federal, State,
or other source, including data developed pursuant to subsection 155.11.19(B)(2) in order
to administer the provisions of this Article.
(L)
When Base Flood Elevation (BFE) data is provided but no floodway or non- encroachment
area data has been provided in accordance with Section 155.11.6, obtain, review, and
reasonably utilize any floodway data or non-encroachment area data available from a
Federal, State, or other source in order to administer the provisions of this Article.
(M)
When the lowest floor and the lowest adjacent grade of a structure or the lowest ground
elevation of a parcel in a Special Flood Hazard Area is above the Base Flood Elevation,
advise the property owner of the option to apply for a Letter of Map Amendment (LOMA)
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Article 155.11
from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development
permit file.
(N)
Permanently maintain all records that pertain to the administration of this section and make
these records available for public inspection, recognizing that such information may be
subject to the Privacy Act of 1974, as amended.
(O)
Make On-Site Inspections of Work in Progress. As the work pursuant to a floodplain
development permit progresses, the Floodplain Administrator shall make as many
inspections of the work as may be necessary to ensure that the work is being done
according to the provisions of the local ordinance and the terms of the permit. In exercising
this power, the Floodplain Administrator has a right, upon presentation of proper
credentials, to enter on any premises within the jurisdiction of the community at any
reasonable hour for the purposes of inspection or other enforcement action.
Issue Stop-Work Orders as Required.
(P)
Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this section, the Floodplain
Administrator may order the work to be immediately stopped. The stop-work order shall
be in writing and directed to the person doing the work or in charge of the work. The stopwork order shall state the specific work to be stopped, the specific reason(s) for the
stoppage, and the condition(s) under which the work may be resumed. Violation of a stopwork order constitutes a misdemeanor.
(Q)
Revoke Floodplain Development Permits as Required. The Floodplain Administrator may
revoke and require the return of the floodplain development permit by notifying the permit
holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any
substantial departure from the approved application, plans, and specifications; for refusal
or failure to comply with the requirements of State or local laws; or for false statements or
misrepresentations made in securing the permit. Any floodplain development permit
mistakenly issued in violation of an applicable State or local law may also be revoked.
(R)
Make periodic inspections throughout all special flood hazard areas within the jurisdiction
of the community. The Floodplain Administrator and each member of his or her inspections
department shall have a right, upon presentation of proper credentials, to enter on any
premises within the territorial jurisdiction of the department at any reasonable hour for the
purposes of inspection or other enforcement action.
(S)
Follow through with corrective procedures of Section 155.11.15.
(T)
Review, provide input, and make recommendations for variance requests.
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Article 155.11
(U)
Maintain a current map repository to include, but not be limited to, the FIS report, FIRM,
and other official flood maps and studies adopted in accordance with Section 155.11.6,
including any revisions thereto, including Letters of Map Change, issued by FEMA. Notify
state and FEMA of mapping needs.
(V)
Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on
Fill (LOMR-F) and Letters of Map Revision (LOMR).
SECTION 155.11.15 CORRECTIVE PROCEDURES
(A)
Violations to be Corrected. When the Floodplain Administrator finds violations of applicable
State and local laws, it shall be his or her duty to notify the owner or occupant of the
building of the violation. The owner or occupant shall immediately remedy each of the
violations of law cited in such notification.
(B)
Actions in Event of Failure to Take Corrective Action. If the owner of a building or property
shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner
written notice, by certified or registered mail to the owner’s last known address or by
personal service, stating:
(C)
(1)
That the building or property is in violation of the flood damage prevention
ordinance;
(2)
That a hearing will be held before the Floodplain Administrator at a designated place
and time, not later than ten days after the date of the notice, at which time the
owner shall be entitled to be heard in person or by counsel and to present
arguments and evidence pertaining to the matter; and
(3)
That following the hearing, the Floodplain Administrator may issue an order to alter,
vacate, or demolish the building; or to remove fill as applicable.
Order to Take Corrective Action. If, upon a hearing held pursuant to the notice prescribed
above, the Floodplain Administrator shall find that the building or development is in violation
of the Flood Damage Prevention Ordinance, they shall issue an order in writing to the
owner, requiring the owner to remedy the violation within a specified time period, not less
than 60 calendar days, nor more than 90 calendar days. Where the Floodplain
Administrator finds that there is imminent danger to life or other property, they may order
that corrective action be taken in such lesser period as may be feasible.
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(D)
Appeal. Any owner who has received an order to take corrective action may appeal the
order to the local elected governing body by giving notice of appeal in writing to the
Floodplain Administrator and the clerk within ten (10) days following issuance of the final
order. In the absence of an appeal, the order of the Floodplain Administrator shall be final.
The local governing body shall hear an appeal within a reasonable time and may affirm,
modify and affirm, or revoke the order.
(E)
Failure to Comply with Order. If the owner of a building or property fails to comply with an
order to take corrective action for which no appeal has been made or fails to comply with
an order of the governing body following an appeal, the owner shall be guilty of a
misdemeanor and shall be punished at the discretion of the court.
SECTION 155.11.16 VARIANCE PROCEDURES
(A)
Variance process and procedure requirements are specified in Section 155.4.4 of this
Ordinance.
(B)
Variances granted under the Flood Damage Prevention Ordinance may be issued for:
(C)
(1)
The repair or rehabilitation of historic structures upon the determination that the
proposed repair or rehabilitation will not preclude the structure’s continued
designation as a historic structure and that the variance is the minimum necessary
to preserve the historic character and design of the structure.
(2)
Functionally dependent facilities if determined to meet the definition as stated in
Appendix A, provided that the provisions of subsection 155.11.16(E) have been
satisfied, and such facilities are protected by methods that minimize flood damages
during the base flood and create no additional threats to public safety.
(3)
Any other type of development, provided that it meets the requirements of this
section.
In passing upon variances, the Board of Adjustment shall consider all technical evaluations,
all relevant factors, all standards specified in other sections of this Article, and:
(1)
The danger that materials may be swept onto other lands to the injury of others;
(2)
The danger to life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
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(4)
The importance of the services provided by the proposed facility to the community;
(5)
The necessity to the facility of a waterfront location, as defined in Appendix A, as
a functionally dependent facility, where applicable;
(6)
The availability of alternative locations, not subject to flooding or erosion damage,
for the proposed use;
(7)
The compatibility of the proposed use with existing and anticipated development;
(8)
The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(9)
The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10)
The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
(11)
The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities, such as sewer, gas,
electrical and water systems, and streets and bridges.
(D)
A written report addressing each of the above factors shall be submitted with the application
for a variance.
(E)
Conditions for Variances.
(1)
Variances shall not be issued when the variance will make the structure in violation
of other Federal, State, or local laws, regulations, or ordinances.
(2)
Variances shall not be issued within any designated floodway or non- encroachment
area if the variance would result in any increase in flood levels during the base flood
discharge.
(3)
Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
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(F)
A variance may be issued for solid waste disposal facilities, hazardous waste management
facilities, salvage yards, and chemical storage facilities that are located in Special Flood
Hazard Areas, provided that all of the following conditions are met.
(1)
The use serves a critical need in the community.
(2)
No feasible location exists for the use outside the Special Flood Hazard Area.
(3)
The reference level of any structure is elevated or floodproofed to at least the
regulatory flood protection elevation.
(4)
The use complies with all other applicable Federal, State, and local laws.
(5)
The town has notified the Secretary of the North Carolina Department of Crime
Control and Public Safety of its intention to grant a variance at least thirty (30)
calendar days prior to granting the variance.
SECTION 155.11.17 GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION
In all Special Flood Hazard Areas the following provisions are required:
(A)
All new construction and substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse, and 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 and substantial improvements shall be constructed by methods and
practices that minimize flood damages.
(1)
A maximum of 299 square feet of the first floor square footage may be enclosed for
means of egress and storage facilities in the A and VE Zones. No finished wall may
be longer in any direction than 20 feet. No plumbing fixtures, electrical outlets,
condensing units, etc., shall be allowed below the Regulatory Flood Protection
Elevation. All construction of this nature which is located in V and A Zones shall be
breakaway type enclosures limited to insect screening, open wood latticework, or
breakaway walls that have a design safe loading resistance of not less than ten and
no more than 20 pounds per square foot.
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Article 155.11
(2)
In addition, enclosed garages may be allowed in the A and VE Zones designated on
the flood maps, provided that they have no interior finish that enhances the
structural stability of the wall to exceed 20 pounds per square foot and have
working garage doors on the enclosed area. Garages may not be designed or
constructed as habitable space. Refer to subsection 155.11.13(A)(5) for required
non-conversion agreement.
(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 to the Regulatory Flood
Protection Elevation. These include, but are not limited to, HVAC equipment, water softener
units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes,
appliances (washers, dryers, refrigerators, freezers, etc.), hot water heaters, and electric
outlets/switches.
(E)
All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system.
(F)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into flood
waters.
(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 this Article, shall meet the requirements of “new
construction” as contained in this Ordinance.
(I)
Nothing in this Article shall prevent the repair, reconstruction, or replacement of a building
or structure existing on the effective date of this Ordinance and located totally or partially
within the floodway, non-encroachment area, or stream setback, provided that there is no
additional encroachment below the regulatory flood protection elevation in the floodway,
non-encroachment area, or stream setback, and provided that such repair, reconstruction,
or replacement meets all of the other requirements of this Ordinance.
(J)
New solid waste disposal facilities and sites, hazardous waste management facilities,
salvage yards, and chemical storage facilities shall not be permitted, except by variance as
specified in subsection 155.11.16(F). A structure or tank for chemical or fuel storage
incidental to an allowed use or to the operation of a water treatment plant or wastewater
Page 11-18
Article 155.11
treatment facility may be located in a Special Flood Hazard Area only if the structure or tank
is either elevated or floodproofed to at least the regulatory flood protection elevation and
certified in accordance with the provisions of subsection 155.11.13(C).
(K)
All subdivision proposals and other development proposals shall be consistent with the need
to minimize flood damage.
(L)
All subdivision proposals and other development proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems located and constructed to
minimize flood damage.
(M)
All subdivision proposals and other development proposals shall have adequate drainage
provided to reduce exposure to flood hazards.
(N)
All subdivision proposals and other development proposals shall have received all necessary
permits from those governmental agencies for which approval is required by federal or state
law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972,
33 USC 1334.
(O)
When a structure is partially located in a Special Flood Hazard Area, the entire structure
shall meet the requirements for new construction and substantial improvements.
(P)
When a structure is located in multiple flood hazard zones or in a flood hazard risk zone
with multiple base flood elevations, the provisions for the more restrictive flood hazard risk
zone and the highest base flood elevation shall apply.
SECTION 155.11.18 SPECIFIC STANDARDS FOR FLOOD HAZARD REDUCTION
In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, as set
forth in Section 155.11.6, or Section 155.11.19, the following provisions, in addition to Section
155.11.17, are required:
(A)
Residential Construction. New construction and substantial improvement of any residential
structure shall have the reference level, including basement, elevated no lower than the
regulatory flood protection elevation, as defined in Appendix A of this Ordinance.
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Article 155.11
(B)
(C)
Coastal High Hazard Areas; Nonconforming Uses; Development.
(1)
Within those areas designated as coastal high hazard areas by the flood maps, all
nonconforming uses on land below the 100-year flood level shall not be expanded.
(2)
Within those areas designated as coastal high hazard areas by the flood maps, no
land below the level of the 100-year flood elevation shall be developed unless the
new construction or substantial improvement shall:
(a)
Be located landward of the reach of the mean high tide. No man-made
alteration of sand dunes and mangrove stands shall be permitted within the
V Zones as shown on the town’s flood insurance rate map which would
increase potential flood damage.
(b)
Be elevated on adequately anchored piles or columns and must be protected
from hydrostatic and hydrodynamic loads, including the effects of buoyancy.
The bottom of the lowest supporting structural member, exclusive of piles,
is at or above the applicable 100-year flood level which shall be adjusted for
wave height in appropriate zones. The use of fill material for structural
support of buildings shall be prohibited within the V zones as shown on the
town’s flood insurance rate map.
(c)
Have no basement and have the space below the lowest floor free of
obstructions so that the impact of abnormally high tides or wind driven
water is minimized except as described in subsection 155.11.18(A).
Non-Residential Construction.
New construction and substantial improvement of any
commercial, industrial, or other non-residential structure shall have the reference level,
including basement, elevated no lower than the regulatory flood protection elevation, as
defined in Appendix A of this Ordinance. Structures located in A, AE, and A1 - 30 Zones
may be floodproofed to the regulatory flood protection elevation in lieu of elevation,
provided that all areas of the structure, together with attendant utility and sanitary facilities,
below the regulatory flood protection elevation are watertight with walls substantially
impermeable to the passage of water, using structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered
professional engineer or architect shall certify that the standards of this subsection are
satisfied. Such certification shall be provided to the Floodplain Administrator as set forth
in subsection 155.11.13(C), along with the operational and maintenance plans.
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Article 155.11
(D)
Elevated Buildings. Fully enclosed areas of new construction and substantially improved
structures, which are below the lowest floor:
(1)
Shall not be designed or used for human habitation, but shall only be used for
parking of vehicles, building access, or limited storage of maintenance equipment
used in connection with the premises. Access to the enclosed area shall be the
minimum necessary to allow for parking of vehicles (garage door) or limited storage
of maintenance equipment (standard exterior door), or entry to the living area
(stairway or elevator). The interior portion of such enclosed area shall not be
finished or partitioned into separate rooms, except to enclose storage areas;
(2)
Shall be constructed entirely of flood resistant materials, at least to the regulatory
flood protection elevation;
(3)
Shall include, in Zones A, AE, and A1 - 30, flood openings to automatically equalize
hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters.
To meet this requirement, the openings must either be certified by a professional
engineer or architect or meet or exceed the following minimum design criteria:
(a)
A minimum of two flood openings on different sides of each enclosed area
subject to flooding;
(b)
The total net area of all flood openings must be at least one square inch for
each square foot of enclosed area subject to flooding;
(c)
If a building has more than one enclosed area, each enclosed area must
have flood openings to allow floodwaters to automatically enter and exit;
(d)
The bottom of all required flood openings shall be no higher than one foot
above the adjacent grade;
(e)
Flood openings may be equipped with screens, louvers, or other coverings
or devices, provided they permit the automatic flow of floodwaters in both
directions; and
(f)
Enclosures made of flexible skirting are not considered enclosures for
regulatory purposes and, therefore, do not require flood openings. Masonry
or wood underpinning, regardless of structural status, is considered an
enclosure and requires flood openings as outlined above.
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Article 155.11
(4)
(E)
Shall, in Coastal High Hazard Areas (Zone VE), either be free of obstruction or
constructed with breakaway walls, open wood latticework, or insect screening,
provided they are not part of the structural support of the building and are designed
so as to breakaway, under abnormally high tides or wave action, without causing
damage to the elevated portion of the building or supporting foundation or
otherwise jeopardizing the structural integrity of the building. The following design
specifications shall be met:
(a)
Material shall consist of open wood latticework or insect screening; or
(b)
Breakaway walls shall meet the following design specifications:
1.
Design safe loading resistance shall be not less than ten nor more
than 20 pounds per square foot; or
2.
Breakaway walls that exceed a design safe loading resistance of 20
pounds per square foot (either by design or when so required by
State or local codes) shall be certified by a registered professional
engineer or architect that the breakaway wall will collapse from a
water load less than that which would occur during the base flood
event, and the elevated portion of the building and supporting
foundation system shall not be subject to collapse, displacement, or
other structural damage due to the effects of wind and water loads
acting simultaneously on all building components (structural and
non-structural). The water loading values used shall be those
associated with the base flood. The wind loading values used shall
be those required by the North Carolina State Building Code.
Additions/Improvements.
(1)
Additions and/or improvements to pre-FIRM structures when the addition and/or
improvements in combination with any interior modifications to the existing
structure are:
(a)
Not a substantial improvement, the addition and/or improvements must be
designed to minimize flood damages and must not be any more
nonconforming than the existing structure.
(b)
A substantial improvement, both the existing structure and the addition
and/or improvements must comply with the standards for new construction.
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Article 155.11
(2)
Additions to post-FIRM structures with no modifications to the existing structure
other than a standard door in the common wall shall require only the addition to
comply with the standards for new construction.
(3)
Additions and/or improvements to post-FIRM structures when the addition and/or
improvements in combination with any interior modifications to the existing
structure are:
(4)
(F)
(G)
(a)
Not a substantial improvement, the addition and/or improvements only must
comply with the standards for new construction.
(b)
A substantial improvement, both the existing structure and the addition
and/or improvements must comply with the standards for new construction.
Where an independent perimeter load-bearing wall is provided between the addition
and the existing building, the addition(s) shall be considered a separate building and
only the addition must comply with the standards for new construction.
Recreational Vehicles. Recreational vehicles shall either:
(1)
Be on site for fewer than 180 consecutive days and be fully licensed and ready for
highway use (a recreational vehicle is ready for highway use if it is on its wheels or
jacking system, is attached to the site only by quick disconnect type utilities, and
has no permanently attached additions); or
(2)
Meet all the requirements for new construction.
Temporary Non-Residential Structures. Prior to the issuance of a floodplain development
permit for a temporary structure, the applicant must submit to the Floodplain Administrator
a plan for the removal of such structure(s) in the event of a hurricane, flash flood, or other
type of flood warning notification. The following information shall be submitted in writing
to the Floodplain Administrator for review and written approval:
(1)
A specified time period for which the temporary use will be permitted.
specified should not exceed three months, renewable up to one year;
(2)
The name, address, and phone number of the individual responsible for the removal
of the temporary structure;
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Time
Article 155.11
(H)
(3)
The time frame prior to the event at which a structure will be removed (i.e.,
minimum of 72 hours before landfall of a hurricane or immediately upon flood
warning notification);
(4)
A copy of the contract or other suitable instrument with the entity responsible for
physical removal of the structure; and
(5)
Designation, accompanied by documentation, of a location outside the Special Flood
Hazard Area, to which the temporary structure will be moved.
Accessory Structures.
(1)
(2)
When accessory structures (sheds, detached garages, etc.) are to be placed within
a Special Flood Hazard Area, the following criteria shall be met:
(a)
Accessory structures shall not be used for human habitation (including
working, sleeping, living, cooking, or restroom areas);
(b)
Accessory structures shall not be temperature-controlled;
(c)
Accessory structures shall be designed to have low flood damage potential;
(d)
Accessory structures shall be constructed and placed on the building site so
as to offer the minimum resistance to the flow of floodwaters;
(e)
Accessory structures shall be firmly anchored in accordance with subsection
155.11.17(A);
(f)
All service facilities such as electrical shall be installed in accordance with
subsection 155.11.17(D); and
(g)
Flood openings to facilitate automatic equalization of hydrostatic flood forces
shall be provided below regulatory flood protection elevation in conformance
with subsection 155.11.18(D)(3).
An accessory structure with a footprint less than 150 square feet that satisfies the
criteria outlined above does not require an elevation or floodproofing certificate.
Elevation or floodproofing certifications are required for all other accessory
structures in accordance with subsection 155.11.13(C).
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Article 155.11
(I)
New or Replacement Water and Sewer systems. Within those areas designated as special
flood hazard areas by the flood maps, all new or replacement water supply systems and/or
sanitary sewage systems, including on-site systems shall be designed, located, and
constructed so as to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters. If in the opinion of town officials the
conditions warrant such action, certification may be required from a professional engineer
who is registered in the state that the systems mentioned are so designed.
(J)
Water to Air Heat Pumps.
(1)
Any property owner may make application for construction of wells, not for the
purpose of or to be used for human consumption, to supply water for and dispose
of water from water to air heat pumps. Such wells shall have a maximum depth of
40 feet. The property owner shall acquire a building permit before commencing
construction of the wells and shall submit all supporting documents required by the
Building Inspector.
(2)
The line supplying water to the heat pump shall be equipped with a filter and be
capable of supplying 125% of the rated capacity of the system. It shall be the
responsibility of the property owner to dispose of all water from water to air heat
pumps by means of a separate well of a depth not to exceed 40 feet. This disposal
system shall consist of a disposal line the minimum size of which shall be two inches
in diameter. The disposal line shall contain a strainer. In no case may water from
the heat pump be disposed of in sewer lines, storm drains, or estuarine waters.
SECTION 155.11.19 STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS
Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Section
155.11.6, where no Base Flood Elevation (BFE) data is available, the following provisions, in
addition to the provisions of Section 155.11.17, shall apply:
(A)
No encroachments, including fill, new construction, substantial improvements or new
development shall be permitted within a distance of twenty (20) feet each side from top of
bank or five times the width of the stream, whichever is greater, unless certification with
supporting technical data by a registered professional engineer is provided demonstrating
that such encroachments shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
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Article 155.11
(B)
The BFE used in determining the regulatory flood protection elevation shall be determined
based on the following criteria:
(1)
When Base Flood Elevation (BFE) data is available from other sources, all new
construction and substantial improvements within such areas shall also comply with
all applicable provisions of this Ordinance and shall be elevated or floodproofed in
accordance with standards in Sections 155.11.17 and 155.11.18.
(2)
When floodway data is available from a Federal, State, or other source, all new
construction and substantial improvements within floodway areas shall also comply
with the requirements of Sections 155.11.18 and 155.11.21.
(3)
All subdivision and other development proposals shall provide Base Flood Elevation
(BFE) data if development is greater than five (5) acres or has more than fifty (50)
lots. Such Base Flood Elevation (BFE) data shall be adopted by reference in
accordance with Section 155.11.6 and utilized in implementing this Ordinance.
(4)
When Base Flood Elevation (BFE) data is not available from a Federal, State, or
other source as outlined above, the reference level shall be elevated or floodproofed
(nonresidential) to or above the Regulatory Flood Protection Elevation, as defined
in Appendix A. All other applicable provisions of Section 155.11.18 shall also apply.
SECTION 155.11.20 STANDARDS FOR RIVERINE FLOODPLAINS WITH BFE BUT WITHOUT
ESTABLISHED FLOODWAYS OR NON-ENCROACHMENT AREAS
Along rivers and streams where BFE data is provided by FEMA or is available from another source
but neither floodway nor non-encroachment areas are identified for a Special Flood Hazard Area
on the FIRM or in the FIS report, the following requirements shall apply to all development within
such areas:
(A)
Standards of Sections 155.11.17 and 155.11.18; and
(B)
Until a regulatory floodway or non-encroachment area is designated, no encroachments,
including fill, new construction, substantial improvements, or other development, shall be
permitted unless certification with supporting technical data by a registered professional
engineer is provided demonstrating that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will not increase the
water surface elevation of the base flood more than one foot at any point within the
community.
Page 11-26
Article 155.11
SECTION 155.11.21 FLOODWAYS AND NON-ENCROACHMENT AREAS
Areas designated as floodways or non-encroachment areas are located within the Special Flood
Hazard Areas established in Section 155.11.6. The floodways and non-encroachment areas are
extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry
debris and potential projectiles. The following provisions, in addition to standards outlined in
Sections 155.11.17 and 155.11.18, shall apply to all development within such areas:
(A)
(B)
No encroachments, including fill, new construction, substantial improvements and other
developments shall be permitted unless:
(1)
It is demonstrated that the proposed encroachment would not result in any increase
in the flood levels during the occurrence of the base flood, based on hydrologic and
hydraulic analyses performed in accordance with standard engineering practice and
presented to the Floodplain Administrator prior to issuance of floodplain
development permit, or
(2)
A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A
Letter of Map Revision (LOMR) must also be obtained upon completion of the
proposed encroachment.
If subsection 155.11.21(A) is satisfied, all development shall comply with all applicable flood
hazard reduction provisions of this ordinance.
SECTION 155.11.22 COASTAL HIGH HAZARD AREAS (ZONES VE)
Coastal High Hazard Areas are Special Flood Hazard Areas established in Section 155.11.6, and
designated as Zones VE. These areas have special flood hazards associated with high velocity
waters from storm surges or seismic activity and, therefore, all new construction and substantial
improvements shall meet the following provisions in addition to the provisions of Sections 155.11.17
and 155.11.18.
(A)
All new construction and substantial improvements shall:
(1)
Be located landward of the reach of mean high tide;
(2)
Be located landward of the first line of stable natural vegetation; and
(3)
Comply with all applicable CAMA setback requirements.
Page 11-27
Article 155.11
(B)
All new construction and substantial improvements shall be elevated so that the bottom of
the lowest horizontal structural member of the lowest floor (excluding pilings or columns)
is no lower than the regulatory flood protection elevation. Floodproofing shall not be
utilized on any structures in Coastal High Hazard Areas to satisfy the regulatory flood
protection elevation requirements.
(C)
All new construction and substantial improvements shall have the space below the lowest
floor free of obstruction so as not to impede the flow of flood waters, with the following
exceptions:
(D)
(1)
Open wood latticework or insect screening may be permitted below the lowest floor
for aesthetic purposes only and must be designed to wash away in the event of
abnormal wave action and in accordance with subsection 155.11.18(D)(4)(a).
Design plans shall be submitted in accordance with subsection
155.11.13(A)(4)(c)(2); or
(2)
Breakaway walls may be permitted, provided that they meet the criteria set forth in
subsection 155.11.18(D)(4)(b). Design plans shall be submitted in accordance with
subsection 155.11.13(A)(4)(c)(1).
All new construction and substantial improvements shall be securely anchored to pile or
column foundations. All pilings and columns and the structures attached thereto shall be
anchored to resist flotation, collapse, and lateral movement due to the effect of wind and
water loads acting simultaneously on all building components.
(1)
Water loading values used shall be those associated with the base flood.
(2)
Wind loading values used shall be those required by the current edition of the North
Carolina State Building Code.
(E)
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
155.11.13, subsection 11.22(C), subsection 11.22(D) and subsection 11.22(F), above, on
the current version of the North Carolina V-Zone Certification form.
(F)
Fill shall not be used for structural support. Limited non-compacted and non-stabilized fill
may be used outside the perimeter of a building for landscaping/aesthetic purposes,
provided that it is demonstrated through coastal engineering analysis that the proposed fill
would not result in any increase in the Base Flood Elevation and not cause any adverse
impacts by wave ramping and deflection to the subject structure or adjacent properties.
(G)
There shall be no alteration of sand dunes which would increase potential flood damage.
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Article 155.11
(H)
Recreational vehicles may be permitted in Coastal High Hazard Areas, provided that they
meet the recreational vehicle criteria of subsection 155.11.18(F).
SECTION 155.11.23 EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING
FLOOD DAMAGE PREVENTION ORDINANCE
This Article in part comes forward by re-enactment of some of the provisions of the flood damage
prevention ordinance enacted November 21, 1974, as amended, and it is not the intention to repeal
but rather to re-enact and continue to enforce without interruption of such existing provisions, so
that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The
enactment of this Article shall not affect any action, suit, or proceeding instituted or pending. All
provisions of the flood damage prevention ordinance of the town enacted on November 21, 1974,
as amended, which are not reenacted herein are repealed.
SECTION 155.11.24 EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS
Nothing herein contained shall require any change in the plans, construction, size, or designated
use of any development or any part thereof for which a floodplain development permit has been
granted by the Floodplain Administrator or his or her authorized agents before the time of passage
of this ordinance, provided, however, that when construction is not begun under such outstanding
permit within a period of six months subsequent to the date of issuance of the outstanding permit,
construction or use shall be in conformity with the provisions of this ordinance.
PART II.
SEDIMENTATION AND SOIL EROSION CONTROL
SECTION 155.11.25 GENERAL REGULATIONS
(A)
Adoption of County Ordinance. The county "Ordinance to Provide for the Control of Soil
Erosion and Sedimentation," as revised and amended, is adopted by the town, and it shall
be complied with in those terms and as it has been revised and amended and adopted by
the County Commissioners.
(B)
Obstruction of Public Streams, Channels, and Detention/Retention Basins Prohibited.
(1)
No person shall place or cause to be placed in any public stream, channel,
detention/retention basin or drainage way any material of any type or nature, the
placement of which tends to alter, impede, block or otherwise restrict or impair the
flow of drainage or the retention capacity of such public stream, channel,
detention/retention basin or drainage way.
(2)
The Building Inspector or his designated representative shall be responsible for
enforcement of this section.
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Article 155.11
PART III.
OCEANFRONT PROPERTY
SECTION 155.11.26 OCEANFRONT POLICIES
(A)
(B)
This section is adopted to preserve and promote the protection of the oceanfront area of
environmental concern by maintaining the existence of vegetation and natural or
constructed dunes, which provide a protective barrier from the actions of the Atlantic
Ocean, other surrounding waters, sand, wind, and pedestrians. The past practice of
destroying this barrier system constitutes a serious threat to the safety of oceanfront
properties and the public. These requirements are therefore adopted for the health, safety,
and welfare of persons living and visiting in the town and for the protection of public and
private property. Section 160A-174 of the North Carolina General Statutes authorizes and
empowers the town under general ordinance-making powers to regulate the protection of
natural or constructed dunes within the town. The 2005 CAMA Land Use Plan for the town
includes policies that support the purpose and intent of these ordinances. The applicable
policies are listed below:
(1)
Policy 9.1.A.18: "suitable land uses in ocean hazard areas include ocean shoreline
erosion control activities and dune establishment and stabilization."
(2)
Policy 9.3.A.3: “Public pedestrian access is limited to designated crossover areas in
order to minimize damage to dunes and vegetation.”
(3)
Policy 9.4.A.7: "the Town shall avoid "approving of any activity which would destroy
remaining habitat for loggerhead turtle nesting."
(4)
Policy 9.4.A.8: "tree cover at Wrightsville Beach, whether maritime or otherwise, is
a highly valued asset."
When this section conflicts with Coastal Resources Commission regulations and provisions
of the Coastal Area Management Act, the more restrictive rule shall apply.
SECTION 155.11.27 SHORELINE DEVELOPMENT BOUNDARY GENERAL REQUIREMENTS
(A)
Permission to construct and maintain an access structure which is located east of the
established shore line development boundary on the oceanfront shall be obtained by filing
an application with the UDO Administrator and obtaining a development permit for the
structure. Commercial structures are allowed one beach access structure per 150 linear feet
with a maximum of three beach access structures per lot.
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Article 155.11
(B)
If no dune system or first line of stable vegetation exists, an access structure may only be
built west of the Shore Line Development Boundary. A successful dune restabilization plan
shall be implemented to revegetate the lot to meet minimum requirements for allowing
beach access structures. Consistent with CAMA guidelines, a moratorium on the construction
of beach access structures will be implemented until the first line of stable vegetation is
established.
(C)
The overall appearance of development east of the Shore Line Development Boundary
should be minimally intrusive upon its surroundings by way of construction, materials and
color. Access structures east of the shoreline development boundary shall be limited to
natural wood tones. No painting of access structures east of the shoreline development
boundary shall be permitted. Any materials utilized should not impact the environment nor
the barrier system and its components; flora and fauna.
SECTION 155.11.28 PROCEDURES FOR DEVELOPMENT EAST OF THE SHORELINE
DEVELOPMENT BOUNDARY
(A)
(B)
It shall be unlawful for any person, corporation, or their agents, to undertake development
east of the shoreline development boundary without first obtaining from the Code
Enforcement Official a zoning permit and an approved mitigation plan for such development.
(1)
The property owner, as well as his or her agents, contractors, subcontractors, or
employees, may be held liable for the proper execution of any portion of work
performed under the permit or permits issued for such work.
(2)
There shall be on display in the Town Building Inspector's office or thereabouts the
1939 property line map and the 1980 Photo-Line map which provide a control for
determining the eastern limits of development.
(3)
Fees will be required for the filing of a permit in accordance with the town's adopted
fee schedule.
Shore line mitigation plan required. Development shall not interfere with the protective
nature of a barrier system. Upon application for development east of the Shore Line
Development Boundary, the Code Enforcement Official shall review the proposal for shore
line stabilization, restoration and management as set forth in the Mitigation Plan to ensure
maintenance of the barrier system. The Mitigation Plan shall include all information required
to verify compliance with the provisions of this subsection and shall indicate compliance with
the following requirements:
(1)
Access structures shall be in accordance and compliant with all provisions of this
section.
Page 11-31
Article 155.11
(2)
A mechanism shall be required for the trapping of sand and, by nature of
construction and location, be consistent with CAMA regulations. Such mechanism
may include sand fences, approved vegetation or other acceptable methods.
(3)
Dune and vegetation restoration shall be in accordance with the Department of
Environment and Natural Resources, and with North Carolina Cooperative Extension
research and policy. Dune breaches, erosion and washover areas shall be remedied
with the establishment or alteration of dunes in accordance with State regulation.
The following vegetation is encouraged in connection with vegetation installation
and restoration east of the Shore Line Development Boundary:
(4)
(5)
(a)
Frontal dunegrasses - American Beachgrass, Sea Oats, Bitter Panicum,
Seashore Elder, Saltmeadow Cordgrass.
(b)
Middle dunegrasses - American Beachgrass, Sea Oats, Bitter Panicum,
Coastal Panicgrass, Saltmeadow Cordgrass, Switch Cane, Rock Fingergrass,
Seacoast Bluestem, Longlawn Virginia Wildrye, Hairline Muhlygrass.
Development or the installation of an access structure east of the Shore Line
Development Boundary shall be accompanied by a Mitigation Plan to include the
introduction and replacement of sand stabilizing vegetation in accordance with
subsection (3), above, and the requirements outlined below:
(a)
For every one square foot of area disturbed one plant shall be planted on
site.
(b)
Alternatively, for every one square foot of area disturbed, an amount equal
to the cost of purchase of one dune plant, fertilization and installation of the
plant shall be charged to the property owner. This money shall be placed in
the Beach Strand Supplies Fund and used for re-vegetation or dune
establishment.
In the absence or destruction of original or natural vegetation, a Mitigation Plan shall
be implemented to include the re-vegetation of a lot to meet minimum requirements
for development, as set forth by CAMA and local regulations. A moratorium on
construction in accordance with CAMA regulation will be adopted until the first line
of stable vegetation is established. A permit will not be issued during this
moratorium.
Page 11-32
Article 155.11
(6)
Efforts to revegetate areas exposed by development approved through the permit
process must be undertaken prior to the completion of the corresponding,
authorized development. Failure to complete this requirement will prohibit the
issuance of a final inspection and/or Certificate of Compliance. Further
non-compliance constitutes a violation of this section.
(7)
The Code Enforcement Official is authorized to impose additional conditions to
insure the Mitigation Plan complies with the provisions of this section.
(C)
Site staking. The Code Enforcement Official shall perform a site inspection for the purpose
of staking the location of the current line of stable vegetation, suspected primary dune
locations, any and all other significant features of the lot. This recorded inspection shall be
valid for 60 days.
(D)
Survey. All permit applications shall include a registered land surveyor's plat, current within
one year of date of application. Said survey plat shall clearly show the flood zone, block
number, the lot number, section and property identification number (PIN) as shown on the
New Hanover County Tax Maps for the Town of Wrightsville Beach, all applicable facets of
the Shore Line Development Boundary, and the elevation of any existing primary dunes or
dune systems.
(E)
Inspection. The Code Enforcement Official shall inspect every project approved under this
section at least one time after completion of the work and completion of any restoration or
protection of vegetation which he may prescribe.
SECTION 155.11.29 ACCESS STRUCTURE SPECIFICATIONS
(A)
Access structures shall be in accordance with the following standards:
(1)
Piling depth for the installation of access structures may not penetrate grade more
than four feet.
(2)
The height of access structures east of the Shore Line Development Boundary must
be maintained no more than 30 inches above grade.
(3)
Any portion of an access structure to include walkway, stair or ramp east of the
Shore Line Development Boundary must run in a west-east direction with no
north-south turns and shall be a maximum of three feet wide.
(4)
No horizontal or vertical development is allowed in addition to the access structure
east of the Shore Line Development Boundary. Horizontal development shall include
gazebos, benches and similar appurtenances. Handrails shall be optional except
Page 11-33
Article 155.11
where required by North Carolina Building Code. Refer to Section 155.11.34, below,
for Handicap exceptions. (See Illustrations A and B)
Illustration A
Illustration B
(5)
(B)
Development shall be constructed in accordance with North Carolina Building Code.
Access structures can have only one deck and the following provisions, as represented in
Illustrations C.1 and C.2, apply to the decking:
Illustration C.1
Page 11-34
Article 155.11
Illustration C.2
(1)
Shall be placed westward of the Shore Line Development Boundary.
(2)
Can be no greater than ten feet by ten feet.
(3)
Must meet the building setbacks for structures on private property west of the Shore
Line Development Boundary.
(4)
Must be built in accordance with the open space requirements of Section 155.2.10
for that property.
(5)
For decks in which the access structure does not extend over the frontal dune, then
the portion of the access structure constructed west of the Shore Line Development
Boundary must be included as deck area in the calculation of the F.A.R. for the
primary structure on the lot.
(6)
If a ten-foot by ten-foot deck area as part of an access structure is connected to the
principal structure by less than four feet, that deck must be included in the deck
area ratio of the F.A.R. requirement outlined in Section 155.7.17.
(C)
No electric circuits connected to commercial power sources and no water or sewer lines or
fixtures may extend east of the Shore Line Development Boundary.
(D)
Access structures shall terminate landward of the first line of vegetation.
(E)
Access structures shall be manipulated so as to accommodate any change in elevation
occurring in proximity to the access, and done so in accordance with the provisions of
Sections 155.11.30 and 155.11.33.
Page 11-35
Article 155.11
(F)
Commercial beach access structures must meet commercial structure Americans with
Disabilities Act requirements according to the North Carolina Building Code.
(G)
Any commercial structure located east of the Shore Line Development Boundary must
comply with all applicable provisions of North Carolina State Building Codes and nothing
contained herein shall be construed to eliminate the requirement for compliance with such
codes.
SECTION 11.30 REMOVABLE STRUCTURES
(A)
All structures which are westward of the Shore Line Development Boundary and which are
a part of an access system are not required to be removable; however, they may be
removable at the owner's option.
(B)
All structures which are a substantially permanent structural type, such as walkovers and
accesses located west of the Shore Line Development Boundary, shall be in conformity with
all regulations of the building code of the town and the North Carolina State Building Code.
(C)
All structures located east of the Shore Line Development Boundary are to be removable
and shall conform to all regulations of this section.
(D)
The owner of any structure located east of the Shore Line Development Boundary shall,
upon a 30-day written notice served by mail or in person by the Code Enforcement Official
of the town, remove the structure for the purpose of beach maintenance and repair. These
structures must be relocated from the beach area onto private property westward of the
Shore Line Development Boundary. Failure on the part of the owner to respond reasonably
to such notice shall result in penalties as per Section 155.1.12.9. In addition, 30 days after
the Town mailed such written notice, the Town may remove such structures.
(E)
Removable structures shall be in accordance with the following construction standards:
(1)
Each removable unit of access structures shall be demountable and as a
self-contained unit shall have no length greater than eight feet.
(2)
The connections of all removable units shall be by pintype connections using a
minimum diameter 1-1/2-inch galvanized pipe or a minimum diameter one-inch
galvanized bolt having large washers with suitable bolts or pipe caps as the case
may be. All other fasteners shall be hot dipped galvanized nails, spikes, drifts, bolts,
lags, stainless steel fasteners, or other acceptable fasteners as may be suitable or
required to properly connect members.
Page 11-36
Article 155.11
(3)
The width of all stairs, ramps, or walkways and the number of risers in any flight of
stairs shall be a minimum width of three feet. All stairs shall be built in conformity
with applicable requirements of the North Carolina Building Code.
(4)
Concrete shall not be used to secure pilings east of the shoreline development
boundary.
SECTION 155.11.31 MAINTENANCE OF OCEAN FRONT SYSTEMS AND STRUCTURES
(A)
Each owner shall be responsible for the proper and satisfactory maintenance of any
structure privately erected east of the Shoreline Development Boundary. All structures shall
be subject to inspection by the Code Enforcement Official or his designee, in accordance
with Section 155.11.33, and where faulty maintenance is found, the Code Enforcement
Official shall confer with the Building Inspector and the owner notified in writing as to the
remedy required. Provisions of the North Carolina Building Code shall be applied. The owner
shall promptly apply for a permit to accomplish all requirements and shall proceed within
90 days of the written notice. Non-compliance with the provisions of this ordinance shall
result in the removal of the structure as per Section 155.11.32, and the assessment of civil
penalties as per Section 155.1.12.9.
(B)
All structures east of the Shore Line Development Boundary must be maintained in an
operable condition, and within standards promoting health, safety and welfare. Commercial
fishing piers shall be maintained in accordance with Chapter 95, Garbage, Trash and
Rubbish of the Wrightsville Beach Code of Ordinances and in compliance with the following
additional provisions:
(1)
Commercial piers must provide a trash barrel every 50 feet along the length of the
pier. Trash barrels must also be located near the tackle shop and on the approach
ramp thereto.
(2)
Signs notifying patrons of the penalty for littering, including the depositing of litter
in the water, shall be posted every 50 feet along both sides of the pier.
(3)
Pier owners, proprietors or employees are required to notify the police in the event
that any person shall litter on the pier or from the pier into the water or shoreline
surrounding the pier.
(4)
Pier owners or proprietors shall insure that trash barrels are emptied into the regular
refuse receptacle to be collected by the town's Sanitation Department.
Page 11-37
Article 155.11
(C)
Failure to properly maintain or utilize a structure permitted east of the Shore Line
Development Boundary in accordance with this section, or failure to satisfy the objectives
of this section, may result in a penalty as provided in Section 155.1.12.9.
(D)
The removal of an approved dune stabilization device such as sand fencing or pedestrian
control mechanisms in a manner constituting a willful destruction of private or town
property shall be a violation punishable as provided pursued under the enforcement
provisions as set forth in Section 155.11.35.
SECTION 155.11.32 AUTHORITY TO REMOVE STRUCTURES
In the event that a structure now exists or will exist in the future, and the owner of the structure
has failed to repair or bring the structure into compliance as per Section 155.11.31 after notification
by the Code Enforcement official or his designee, the town may require the property owner to
remove the structure. In the case that the structure is not removed, the town may remove the
structure and its appurtenances and dispose of all materials, refuse, and wreckage therefrom. The
town may assess civil penalties in accordance with Section 155.1.12.9, and all costs of the removal
against the property owner, which shall become a lien upon his property payable immediately. After
a period of 60 days there shall be assessed an additional interest rate of 6% until the cost is paid.
SECTION 155.11.33 DAMAGING DUNES OR VEGETATION
It shall be unlawful for any person, firm, or corporation in any manner to damage, destroy, or
remove any sand dune or part thereof, or to kill, destroy, or remove any trees, shrubbery, or other
vegetation growing east of the Shore Line Development Boundary without having first obtained a
zoning permit and mitigation plan approval from Planning and Inspections Department as specified
in this section for the proposed damage, destruction, or removal.
(A)
Removal of sand/soil prior to construction or lot clearing for marketing or other purpose will
not be permitted and is subject to a civil penalty as identified in Sections 155.1.12.9 and
155.11.35.
(B
Private vehicles authorized through the Town of Wrightsville Beach Police Department and
public vehicles are allowed to access the public beach by way of designated, improved
vehicular accessways.
(C)
Exempted from provisions of this section:
(1)
Removal for personal use only of sand, seashells or similar small materials of
souvenir value in such amounts as may be carried easily upon the person, so long
as such act does not involve and is not for commercial or business and does not
provide monetary gain to the person removing such materials.
Page 11-38
Article 155.11
(D)
(2)
The normal, non-impacting maintenance of lawns, commercial, office, and
institutional tracts which are already developed. Maintenance shall include lawn
maintenance, the relocating and replacement of shrubs, the cutting and removal of
poisonous or harmful plants, briers, and dead foliage. In accomplishing the
foregoing, the use of equipment which limits damage to surrounding vegetation is
encouraged; the use of heavy commercial equipment is discouraged. The removal
or destruction of vegetation referenced in subsection 155.11.28(B)(3) is prohibited.
(3)
Nothing in this section shall be deemed to allow any acts which shall willfully
damage or destroy vegetation as an exemption. It is specifically the intention of this
subsection that any such action shall be considered a violation and pursued under
the enforcement provisions as set forth in Section 155.11.35.
Signage less than one square foot instructing persons to avoid trespassing into the dunes,
and rope fence for pedestrian traffic control may be placed east of the Shore Line
Development Boundary. Construction of such devices shall only be permitted with the prior
written consent of the Code Enforcement Official. Willful removal or damage to any public
or private approved dune stabilization device such as sand fencing or pedestrian control
mechanisms shall constitute a violation of the provisions of this section.
SECTION 155.11.34 COMPLIANCE, NON-CONFORMITIES, EXCEPTIONS, AND EXEMPTIONS
(A)
Nonconforming structures. Except as otherwise provided in this subsection (A), access
structures and beach walkovers that are damaged or destroyed greater than 50% of their
replacement value may only be built back in conformance with current requirements as set
forth in this section. Access structures and beach walkovers for single-family and duplex lots
that are damaged or destroyed greater than 50% of their replacement value may not be
built back. All determinations of replacement value under this section shall be made by the
building inspector.
(B)
Exception for Handicapped accessible beach access structures. The Board of Aldermen or
their designee may grant an exception for private residential beach access structures
regarding horizontal and vertical development for purposes of allowing a handicapped
accessible structure to be built. These structures must meet the provisions of the NC
Building Code.
(C)
Exception for hotels and housing development located in Commercial District IV zoning
district. The provisions regulating construction east of the Shore Line Development
Boundary and found in Article 155.11, Part III, shall not apply to any hotel or housing
development (as defined in Appendix A) located adjacent to the Atlantic Ocean and in a
Commercial District IV zoning district, provided, that such hotel or housing development
shall comply with any and all provisions of any conditional use permit issued for such
Page 11-39
Article 155.11
property and all other applicable local, state and federal rules, regulations, ordinances,
statutes and laws.
(D)
Shared beach access structures. The town encourages adjoining property owners to
construct centrally located shared beach access structures where appropriate in order to
reduce the overall number of structures on the beach. In cases where shared structures are
proposed, the property owners must submit a site plan and restrictive covenants that
indicate the location of the proposed structure and the proper restrictions against
construction of additional individual structures.
(E)
Reconstruction of Beach Access Structures as the dune system develops . The Code
Enforcement Official will annually identify existing access structures and beach walkovers
and identify those as non-compliant with the provisions of this section. Walkovers and
accesses that are being covered by sand due to a growing dune system will be encouraged
to reconstruct those sections of the structure to bring them into compliance with the
provisions of applicable ordinances. The Code Enforcement Official will notify the property
owner by certified mail, including photos of the structure and a recommended Stabilization
Plan.
SECTION 155.11.35 ENFORCEMENT PROVISIONS
(A)
Any person violating the provisions of this section shall, in addition to the penalties set forth
in Article 155.1, Section 155.1.12.9, Penalties and Remedies for Violations, immediately
undertake restoration or replacement of such items in accordance with requirements of the
Code Enforcement Official. In the event such restoration or replacement is not completed
within 30 days of the initial violation, the town is authorized to undertake such restoration.
All costs of such restoration or repair incurred by the Town shall be deemed an additional
civil penalty to be collected from the violator as specified in Section 155.1.12.9.
(B)
In the event that an individual fails to comply with the requirements set forth in this
subsection, the Town shall have the authority to revoke all issued permits and issue stop
work orders on the real property on which the offense occurred until such time as the
offender has come into compliance with the provisions of this section.
(C)
Failure of an applicant and/or owner to comply with the provisions of this section may result
in penalty as provided in Section 155.1.12.9. First time offenders of subsection
155.11.28(B) are granted the option of attending a two-hour class sponsored by the North
Carolina Cooperative Extension Services on Dune Ecology and Protection in lieu of fine.
Page 11-40
Article 155.11
ARTICLE 155.12
SUBDIVISION REGULATIONS
ARTICLE 155.12
PART I.
SUBDIVISION REGULATIONS . . . . . . . . . . . . . . . . . . . . . .
12-1
SUBDIVISION PLATS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-2
Section 155.12.1
Plat Required for Land Subdivision . . . . . . . . . . . . . . . . . . . 12-2
Section 155.12.2
Approval of Subdivision Plats Required . . . . . . . . . . . . . . . . . 12-2
Section 155.12.3
Plat Approval Required for Building Permit . . . . . . . . . . . . . . 12-2
Section 155.12.4
Plat Approval Not to Constitute Acceptance of Dedication . . . 12-2
Section 155.12.5
Transfer of Lots in Unapproved Subdivision Plats . . . . . . . . . 12-2
Section 155.12.6
Plat Approval Required Before Extension of Service . . . . . . . . 12-3
Section 155.12.7
Coordination of Street System . . . . . . . . . . . . . . . . . . . . . . . 12-3
Section 155.12.8
Parcels of Land to Consist of Multiples of Normal Blocks . . . . 12-3
Section 155.12.9
Preliminary Plats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-4
Section 155.12.10 Contents of Preliminary Plats . . . . . . . . . . . . . . . . . . . . . . . 12-5
Section 155.12.11 Conformity of Plat to Requirements . . . . . . . . . . . . . . . . . . . 12-6
Section 155.12.12 Approved Plats to be Kept on File . . . . . . . . . . . . . . . . . . . . 12-7
Section 155.12.13 Service Facilities Required Prior to Final Approval . . . . . . . . . 12-7
Section 155.12.14 Final Plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
Section 155.12.15 Contents of Final Plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
PART II.
SUBDIVISION REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . 12-13
Section 155.12.16 Minimum Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-13
Section 155.12.17 Street Plans, Rights-of-Way, and Blocks . . . . . . . . . . . . . . . . 12-13
Section 155.12.18 Requirements for Streets . . . . . . . . . . . . . . . . . . . . . . . . . . 12-14
Section 155.12.19 Lot Sizes and Side Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-15
Section 155.12.20 Setback Lines, Unusable Lots, and Land Elevation . . . . . . . . . 12-16
Section 155.12.21 Modification of Certain Requirements . . . . . . . . . . . . . . . . . . 12-16
PART III.
GROUP HOUSING DEVELOPMENTS . . . . . . . . . . . . . . . . . . . . 12-16
Section 155.12.22 Commonly Owned Areas . . . . . . . . . . . . . . . . . . . . . . . . . . 12-16
Section 155.12.23 Density . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-17
Section 155.12.24 Unit Ownership and Condominiums . . . . . . . . . . . . . . . . . . . 12-17
Section 155.12.25 Site Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-17
Section 155.12.26 Public Access, Easements, and Private Party Walls . . . . . . . . 12-17
Section 155.12.27 Utilities and Improvements Required . . . . . . . . . . . . . . . . . . 12-18
Page 12-1
Article 155.12
ARTICLE 155.12 SUBDIVISION REGULATIONS
PART I.
SUBDIVISION PLATS
SECTION 155.12.1 PLAT REQUIRED FOR LAND SUBDIVISION
Parcels may not be subdivided by deed alone. All subdivision of parcels requires recordation of a
plat.
SECTION 155.12.2 APPROVAL OF SUBDIVISION PLATS REQUIRED
No subdivision plat of land within the platting jurisdiction shall be filed or recorded until it has been
submitted to and approved by the Board of Aldermen, and the approval has been entered in writing
on the plat by the Town Clerk. The Register of Deeds, upon receipt of a copy of this Ordinance,
shall not file or record a plat of a subdivision of land located within the platting jurisdiction without
the approval of the plat as required in this section.
SECTION 155.12.3 PLAT APPROVAL REQUIRED FOR BUILDING PERMIT
No building permit may be issued for any construction on any proposed lot shown on a plat until
a final plat has been approved and recorded, except that a building permit may be issued for one
(1) structure on one (1) lot shown on any approved preliminary plat prior to recordation of a final
plat. The Building Inspector shall deny building permits for subdivision lots created in violation of
the terms and conditions of this Ordinance.
SECTION 155.12.4 PLAT APPROVAL NOT TO CONSTITUTE ACCEPTANCE OF DEDICATION
The approval of a plat by the Board of Aldermen shall not be deemed to constitute or affect the
acceptance by the town or the public of the dedication of any street or other ground, public utility
line, or other public facility shown upon the plat.
SECTION 155.12.5 TRANSFER OF LOTS IN UNAPPROVED SUBDIVISION PLATS
Any person who, being the owner or agent of the owner of any land located within the jurisdiction
of the town, thereafter subdivides his land in violation of applicable town ordinances or transfers
or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the
land before the plat has been properly approved under applicable town ordinances and recorded
in the office of the New Hanover County Register of Deeds, shall be guilty of a Class 1
misdemeanor. The description by metes and bounds in the instrument of transfer or other
document used in the process of selling or transferring land shall not exempt the transaction from
this penalty. The town may bring an action for injunction of any illegal subdivision, transfer,
conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and
Page 12-2
Article 155.12
order requiring the offending party to comply with the subdivision ordinance. Building permits
required pursuant to NCGS 160A-417 may be denied for lots that have been illegally subdivided.
In addition to other remedies, the town may institute any appropriate action or proceedings to
prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent
any illegal act or conduct.
SECTION 155.12.6 PLAT APPROVAL REQUIRED BEFORE EXTENSION OF SERVICE
No street shall be accepted and maintained by the town, no street lighting, water, or sewer shall
be extended to or connected with any subdivision of land, and no permit shall be issued by any
administrative agent or department of the town for the construction of any building or other
improvement requiring a permit, upon any land concerning which a plat is required to be approved,
unless and until it has been approved by the Board of Aldermen and the requirements set forth in
this Ordinance have been complied with.
SECTION 155.12.7 COORDINATION OF STREET SYSTEM
The arrangement of streets in new subdivisions shall provide for the continuation of the principal
existing streets in adjoining subdivisions or, when adjoining property is not subdivided, their proper
projection insofar as necessary for public requirements by providing new streets of a width deemed
necessary by the Planning Board and approved by the Board of Aldermen. In general, the streets
shall be at least as wide as existing streets; except, that in no case shall the width be less than the
minimum specified in Section 155.12.13. The street and alley arrangement shall be such as to
cause no hardship to owners of adjoining property when they plat their own land and seek to
provide for convenient access to it and shall provide for continuing a reasonable number of through
utility lines. When a new subdivision adjoins unsubdivided land susceptible to being subdivided,
the new streets shall be carried to the boundaries of the tract proposed to be subdivided, except
where it is determined by the Planning Board and approved by the Board of Aldermen that certain
streets may not be required to be so extended.
SECTION 155.12.8 PARCELS OF LAND TO CONSIST OF MULTIPLES OF NORMAL BLOCKS
When a parcel of land is subdivided into tracts larger than normal for building lots, the parcels shall
be divided, so far as practicable, into normal block multiples so as to allow for the opening of major
streets and the making of satisfactory arrangements with the town for the ultimate extension of
streets.
Page 12-3
Article 155.12
SECTION 155.12.9 PRELIMINARY PLATS
(A)
(B)
In seeking to subdivide land and to dedicate streets, alleys, or other lands for public use,
the owner shall submit a preliminary plat, so marked, which plat may be in pencil, to the
Planning Board for its review. The Planning Board will review the proposed plat and forward
it to the Board of Aldermen with its recommendations. Final approval of the preliminary plat
shall be made by the Board of Aldermen, and such plat may not be filed in the Office of the
Register of Deeds until such final approval is given. The provisions of this section shall not
prohibit any owner or its agent from entering into contracts to sell or lease by reference to
an approved preliminary plat for which a final plat has not yet been approved under the
provisions of the subdivision ordinance or recorded with the Register of Deeds, provided the
contract does all of the following:
(1)
Incorporates as an attachment a copy of the preliminary plat referenced in the
contract and obligates the owner to deliver to the buyer a copy of the recorded plat
prior to closing and conveyance.
(2)
Plainly and conspicuously notifies the prospective buyer or lessee that a final
subdivision plat has not been approved or recorded at the time of the contract, that
no governmental body will incur any obligation to the prospective buyer or lessee
with respect to approval of the final subdivision plat, that changes between the
preliminary and final plats are possible, and that the contract or lease may be
terminated without breach by the buyer or lessee if the final recorded plat differs in
any material respect from the preliminary plat.
(3)
Provides that if the approved and recorded final plat does not differ in any material
respect from the plat referred to in the contract, the buyer or lessee may not be
required by the seller or lessor to close any earlier than five days after the delivery
of a copy of the final recorded plat.
(4)
Provides that if the approved and recorded final plat differs in any material respect
from the preliminary plat referred to in the contract, the buyer or lessee may not be
required by the seller or lessor to close any earlier than 15 days after the delivery
of the final recorded plat, during which 15-day period the buyer or lessee may
terminate the contract without breach or any further obligation and may receive a
refund for all earnest money or prepaid purchase price.
The provisions of this section shall not prohibit any owner or its agent from entering into
contracts to sell or lease land by reference to an approved preliminary plat for which a final
plat has not been properly approved under the subdivision ordinance, or recorded with the
Page 12-4
Article 155.12
Register of Deeds where the buyer or lessee is any person who has contracted to acquire
or lease the land for the purposes of engaging in the business of construction of residential,
commercial, or industrial buildings on the land, or for the purpose of resale or lease of the
land to persons engaged in that kind of business, provided that no conveyance of the land
may occur and no contract to lease it may become effective until after the final plat has
been properly approved under the subdivision ordinance and recorded with the Register of
Deeds.
SECTION 155.12.10 CONTENTS OF PRELIMINARY PLATS
The preliminary plat shall be drawn to a scale not smaller than one inch to 100 feet and shall show:
(A)
Name. The subdivision name, the names and addresses of the owners, and the designer
of the subdivision and his qualifications.
(B)
Date, approximate North arrow, and scale.
(C)
Lot Lines.
(D)
Lot Dimensions.
(E)
Boundaries. The boundary line of the tract to be subdivided drawn accurately to scale and
with accurate linear and angular dimensions.
(F)
Location Map. A map showing the location of the subdivision.
(G)
Primary Dunes. The location of the primary dunes as established by the CAMA regulations.
(H)
Heritage Trees. The location of all heritage trees.
(I)
Existing Property Lines.
(J)
Flood hazard zones, wetland delineation and CAMA jurisdiction all must be indicated on the
preliminary plat.
The location of existing and platted property lines, streets,
buildings, water courses, railroads, bridges, water mains, sewers, culverts, drainpipes, and
public utility easements, and the names of record owners of adjoining parcels of
unsubdivided land.
Page 12-5
Article 155.12
(K)
Proposed Improvements. The names, proposed location, and approximate dimensions of
proposed improvements. Structural encroachments, such as gate houses, mail boxes and
entrance signs, etc., within private rights-of-way must show the dimensions of the structure
and not be located in the site visibility triangle. Provision of legal agreements stating the
responsibility as to the maintenance of the structures will be accomplished.
(L)
Location of the proposed streets, alleys, culs-de-sac, or other public ways.
(M)
Private Areas within Subdivisions.
(N)
(1)
The Planning Board shall be assured, prior to final plat approval, that adequate
provisions have been made through legal covenants and restrictions which shall
govern a homeowners' association, or through other legal agreements, that the
responsibility as to the maintenance of the streets, utilities or other areas designated
as private areas or as a common area will be accomplished by a source other than
by public maintenance.
(2)
The subdivider shall provide and sign an acknowledgment of compliance as specified
in Section 155.12.15. Such acknowledgment shall appear on the final plat of the
subdivision.
Sidewalks, Walkways, and Bikeways. Sidewalks, walkways and other pedestrian ways shall
be provided by the subdivider within or adjacent to a subdivision, as deemed necessary by
the Board of Aldermen upon recommendation of the Planning Board, upon reasonable
evidence that the sidewalks, walkways or other pedestrian ways would be essential for
pedestrian access to community facilities, that such is necessary to provide safe pedestrian
movement outside the street or street rights-of-way area or that such is an extension or
could reasonably become an extension of existing sidewalks, walkways and other pedestrian
ways. All sidewalks, walkways, and other pedestrian ways shall be aligned as required by
the Board of Aldermen upon recommendation of the Planning Board and designed and
constructed to conform to Chapter 99 of the Town Code of Ordinances. Sidewalks shall be
indicated on all preliminary plans.
SECTION 155.12.11 CONFORMITY OF PLAT TO REQUIREMENTS
Preliminary plats shall be checked for:
(A)
Conformity to the general street or thoroughfare plan.
(B)
Conformity to the probable development of adjacent properties.
Page 12-6
Article 155.12
(C)
Conformity to the existing street system.
(D)
Street names.
(E)
Lot size and arrangement.
(F)
Necessary public utility easements.
(G)
Improvements required within town limits.
(H)
Conformity to policies, requirements, recommendations, and general content of the town's
land use plan, access plan, or any other plans, reports, or feasibility studies the Planning
Board considers relevant to its review, and other physical development features which may
from time to time be determined by comprehensive physical development plans of the
planning area. In the event of a conflict in the recommendations of a plan or between
plans, the Planning Board may apply the more stringent recommendations if it deems this
necessary to protect the public interest.
SECTION 155.12.12 APPROVED PLATS TO BE KEPT ON FILE
A copy of the approved preliminary plat shall be kept on file for public examination. Approval of
the preliminary plat shall be valid for a period of 60 days.
SECTION 155.12.13 SERVICE FACILITIES REQUIRED PRIOR TO FINAL APPROVAL
(A)
Pursuant to NCGS 160A-371 et seq., the following requirements for service facilities or
improvements shall be fulfilled by the owner of a subdivision located within the corporate
limits prior to the time a final plat is approved by the Board of Aldermen:
(1)
Streets and Alleys. Shall be graded to finish section and grade, as approved, with
pavement of 20-foot minimum width, consisting of not less than three-inch crushed
stone base and 1-1/2-inch bituminous concrete or approved equivalent, completed.
Curbs, sidewalks, and driveways shall be provided by the developer.
(2)
Storm Drainage. A storm drainage system shall be installed which is capable of
alleviating runoff waters of a ten year frequency storm. Inlets shall be installed at
intervals as needed and at not more than 400 feet intervals. Pipe shall be extended
to high water line at discharge.
Page 12-7
Article 155.12
(3)
Utilities.
(a)
Water.
(b)
Sanitary Sewer. Shall be as provided for in Chapter 50 of the Town Code of
Shall be as provided for in Chapter 50 of the Town Code of
Ordinances, together with any amendments subsequently adopted by the
Board of Aldermen.
Ordinances, together with any amendments subsequently adopted by the
Board of Aldermen.
(c)
Electric and Telephone.
(d)
Gas. No underground gas system shall serve more than one lot or one
Services may be provided either overhead or
underground. All services shall be installed subject to the franchise rights
of the town and to its control.
facility. Tank containers may be used as set out in provisions of this code
and other ordinances governing the same.
(B)
All service facilities or improvements required to be installed or constructed shall be installed
or constructed in accordance with the specifications standards, policies, or other
requirements of the town applicable thereto.
(C)
Performance Guarantees. In lieu of requiring the completion, installation and dedication of
all improvements prior to final plat approval, the Town of Wrightsville Beach may enter into
an agreement with the subdivider whereby the subdivider shall agree to complete any
remaining required improvements as specified by the approved preliminary plat for that
portion of the subdivision to be shown on the final plat within a mutually agreed upon
specified time period not to exceed one (1) year. The total cost of the remaining
improvements and administration for which the surety is offered shall not exceed fifty
thousand dollars ($50,000) except for minor subdivisions that require the extension of
sidewalks along existing streets. The surety limit stated in this section shall be adjusted
annually, at the beginning of each calendar year or fiscal year, to compensate for
construction costs, inflation, or other factors, in accordance with an appropriate established
index, as approved by the Town Attorney. Once agreed upon by both parties and the
security required herein is provided, the final plat may be approved by the Board of
Aldermen, if all other requirements of this Ordinance are met. The Town shall require a
certified cost estimate from a licensed contractor or engineer for the cost of completion of
such improvements.
Page 12-8
Article 155.12
(1)
(2)
The subdivider shall provide one of the following Performance Guarantees, elected
at the subdivider’s discretion, in lieu of installation:
(a)
Surety Performance Bond(s). The subdivider shall obtain a performance
bond(s) from a surety bonding company authorized to do business in North
Carolina. The bond(s) shall be payable to the Town of Wrightsville Beach,
and shall be in an amount not to exceed 1¼ times the entire cost, as
estimated by the subdivider in conjunction with the Board of Aldermen, and
approved by the Board of Aldermen for installing all required improvements.
The duration of the bond(s) shall be until such time as the improvements are
completed and accepted as such by the Town of Wrightsville Beach.
(b)
Cash or Equivalent Security.
The subdivider shall deposit cash, an
irrevocable letter of credit, or other instrument readily convertible into cash
at face value, either with the Town or in a non-interest bearing escrow
account with a financial institution designated as an official depository of the
Town. The use of any instrument other than cash shall be subject to the
approval of the Board of Aldermen. The amount of deposit shall not exceed
1¼ times the cost, as estimated by the subdivider in conjunction with the
Board of Aldermen for installing all required improvements. If cash or other
instrument is deposited in escrow with a financial institution as provided
above, then the subdivider shall file with the Town an agreement between
the financial institution and himself guaranteeing the following:
1.
That said escrow account shall be held in trust until released by the
Board of Aldermen and may not be used or pledged by the
subdivider in any other matter during the term of the escrow; and
2.
That in the case of a failure on the part of the subdivider to complete
said improvements, the financial institution shall, upon notification
by the Town and submission by the Town to the financial institution
of an engineer’s estimate of the amount needed to complete the
improvements, immediately either pay to the Town of Wrightsville
Beach the funds estimated to complete the improvements, up to the
full balance of the escrow account, or deliver to the Town any other
instruments fully endorsed or otherwise made payable to the Town.
Upon default, meaning failure on the part of the subdivider to complete the required
improvements in a timely manner as spelled out in the performance bond or escrow
agreement, then the surety, or the financial institution holding the escrow account
Page 12-9
Article 155.12
shall, if requested by the Town, pay all or any portion of the bond or escrow fund
to the Town of Wrightsville Beach up to the amount needed to complete the
improvements based on an engineering estimate. Upon payment, the Wrightsville
Beach Board of Aldermen, in its discretion, may expend such portion of said funds
as it deems necessary to complete all or any portion of the required improvements.
The Town shall return to the subdivider any funds not spent in completing the
improvements.
(3)
The Town may release a portion of any security posted as the improvements are
completed and recommended for approval by the UDO Administrator. Within thirty
(30) days after receiving the UDO Administrator’s recommendation, the Board of
Aldermen shall approve or not approve said improvements. If the Board of
Aldermen approves said improvements, then it shall immediately release any
security posted.
(4)
For subdivisions which are underwritten or constructed with federal funds and for
which the specifications for facilities or improvements are equal to or of a higher
standard than those required by the Town, the bond-posting requirement may be
waived and the final plat approved prior to completion of facilities or improvements.
SECTION 155.12.14 FINAL PLAT
The original tracing and two copies of the final plat shall be filed with and approved by the UDO
Administrator. In the event the final plat is approved, a statement of that fact shall be transcribed
to the tracing and one copy returned to the subdivider for recording, and one copy shall be retained
by the town. The approval shall be void unless the final plat is offered for filing and recording in
the Office of the Register of Deeds within 90 days of date of approval.
SECTION 155.12.15 CONTENTS OF FINAL PLAT
(A)
Final plats submitted for approval shall be in accordance with NCGS 47-30, as amended and
to the State Board of Registration for Professional Engineers and Land Surveyors "Manual
of Practice for Land Surveying." The final plat shall conform with the approved preliminary
plat.
(B)
A certified copy of the private or subdivision restrictions or covenants proposed to be
applied to the subdivision, if any, shall accompany the submittal of the final plat.
Page 12-10
Article 155.12
(C)
Required Statements, Certificates, and Forms.
(1)
Certificate of Dedication. A certificate of ownership and dedication shall be shown
properly completed and signed by the owners and all other interested parties,
similar in wording to the following:
"The undersigned hereby acknowledge(s) this plat and allotment to be (his, her,
their) free act and deed, and hereby dedicate(s) to public use as streets,
playgrounds, parks, open spaces, and easements forever all areas so shown or
indicated on said plat.
Signed ....."
(2)
All property shown on the plat as dedicated for a public use shall be deemed to be
dedicated for any other public use authorized by the Town Charter or any general,
local, or special law pertaining to the town, when such other use is approved by the
Board of Aldermen as in the public interest.
(3)
Street, utility and drainage maintenance disclosure statements signed by the owner
and/or subdivider for private development.
(4)
All structures to be constructed, improved, or rehabilitated within the area
delineated as the one-hundred-year flood area on the "Flood Boundary and
Floodway Map, Town of Wrightsville Beach" shall be constructed, improved or
rehabilitated in conformance with the Town’s flood management regulations
(Article 155.11, Part I).
(5)
All lots as depicted on the plat meet or exceed the minimum area and dimensional
requirements of the zoning district in which located.
(6)
The availability of water and/or sewer service to the lots in this subdivision is subject
to the completion of certain water and/or sewer line extensions by the town, and
certificates of occupancy will not be issued for structures on such lots until such
extensions are completed.
Page 12-11
Article 155.12
(7)
Certificate of Registration by Register of Deeds.
State of North Carolina
County of New Hanover
Filed for registration on the ____________ day of ____________, 20____________
at ____________ (am/pm) and duly recorded in Map Book ____________ at Page
____________.
Register of Deeds
(8)
Certificate of Accuracy and Mapping.
I, ____________ certify that this map was (drawn by me) (drawn under my
supervision) from (an actual survey made by me) (an actual survey made under my
supervision); deed description in Book ____________, Page ____________, Book
____________, Page ____________, etc. (other); that the error of closure as
calculated by latitudes and departures is 1:_____; that the boundaries not surveyed
are shown as broken lines plotted from information found in Book ____________,
Page ____________; that this map was prepared in accordance with NCGS Section
47-30 as amended.
Witness my hand and seal this _________ day of _____________, 20_____.
Surveyor
State of North Carolina
County of New Hanover
I, ____________, a Notary Public for said County and State, do hereby certify that
____________ personally came before me this day and acknowledged the due
execution of the foregoing instrument.
Witness my hand and official seal, this ________ day of ____________, 20_____.
Official Seal
Notary Public
My Commission Expires: ____________
(D)
Form of Endorsement. A form for the endorsement of the Town shall be stamped on the
Final Plat before recording.
Page 12-12
Article 155.12
(E)
Certificate of Ownership and Dedication.
I (we) hereby certify that I am (we are) the owner (s) of the property shown and described
hereon and that I (we) hereby adopt this plan of a subdivision with my (our) own free
consent, establish minimum setback lines, and dedicate all streets, alleys, walks, parks and
other sites to public or private use as noted.
Further, I (we) certify the land as shown hereon is within the platting jurisdiction of the
Town of Wrightsville Beach, North Carolina.
Date ____________
(F)
Owner ___________________________
Enforcement - No Service or Permits Until Final Plat Approved. No street shall be accepted
and maintained by the town nor shall any street lighting be installed and added to the
existing town systems until the final plat is approved.
PART II. SUBDIVISION REGULATIONS
SECTION 155.12.16 MINIMUM REQUIREMENTS
The requirements set forth in this Article shall be considered the minimum requirements and shall
be varied only in specific cases.
SECTION 155.12.17 STREET PLANS, RIGHTS-OF-WAY, AND BLOCKS
(A)
General Street Plan. All subdivision streets shall conform as to width and location to the
general street or thoroughfare plan for the town.
(B)
Right-of-Way. The minimum right-of-way for streets shall be 60 feet. Additional right-ofway may be required for other than residential streets in accordance with the general street
plan as adopted by the Board of Aldermen. Streets or lanes having length of 400 feet or
less and being open or connected at one end only shall be not less than 50 feet. A partial
width street, so designated, may be dedicated when adjoining undeveloped property;
provided, that the width of the dedication, when permitted by the Planning Board and
approved by the Board of Aldermen, shall be such as to permit the installation of the public
facilities as may be necessary to serve the lots abutting thereon. The owner of a
subdivision of land abutting an existing partial width street shall be required to dedicate the
remainder of the full required width of the street.
Page 12-13
Article 155.12
(C)
Alleys. The minimum width of any alley shall be 20 feet, except in commercial districts
where the minimum width shall be not less than 22 feet. Alleys shall be required in all
blocks along the rear line of business property.
(D)
Easements.
(E)
Culs-de-Sac. Culs-de-sac and dead-end streets shall terminate in a circular right-of-way
Where alleys are not provided, easements of not less than five
feet in width shall be provided on each side of all rear lot lines where necessary or in other
locations as may be directed by the Planning Board, subject to final approval by the Board
of Aldermen, for poles, wires, conduits, storm or sanitary sewers, telephone, and water
lines. Easements of greater width may be required along the lines of or across lots where
necessary for storm drainage channels, surface overflow or for the extension of main sewers
or similar utilities.
having a minimum radius of 40 feet. This provision may be modified by the Planning Board,
subject to final approval by the Board of Aldermen. The culs-de-sac shall not exceed 400
feet in length.
(F)
Intersecting Streets. Intersecting streets shall be laid out at intervals that block lengths are
not more than 800 feet, except where the principal street serves lots fronting upon water
areas and access by intersecting street is not required; or where the principal street serves
a narrow island, strip of land, peninsula or is a cul-de-sac; or where, in the opinion of the
Planning Board, subject to final approval by the Board of Aldermen, existing conditions
justify a modification of this requirement.
(G)
Block Widths. Blocks shall be wide enough to allow two tiers of lots of minimum depth, plus
alleys if needed and easements, except when prevented by topographical conditions or the
size of the property in which case the Planning Board may approve a single tier of lots of
minimum depth.
(H)
Public Access. Public access shall be provided in accordance with the recommendations of
the town's land use plan and access plan, and/or the present amount of public access and
public parking as exists within the town now. If any recommendations are found to conflict,
the system requiring the greatest quantity and quality of public access, including parking,
shall govern.
SECTION 155.12.18 REQUIREMENTS FOR STREETS
(A)
Street Intersections. Street intersections shall be as nearly to right angles as possible, and
no intersections shall be at an angle less than 45 degrees.
Page 12-14
Article 155.12
(B)
Street Off-Sets. Off-sets at street intersections shall not be approved, except where
deemed justifiable by the Planning Board and approved by the Board of Aldermen.
(C)
Reserve Strips for Limited Access Roads. Subdivisions showing reserve strips controlling
access to public ways shall not be approved, except when the control and disposition of land
comprising the strips is definitely placed within the town's jurisdiction under conditions
meeting the approval of the Planning Board and Board of Aldermen.
(D)
Street Names. Determinations regarding new street names, or changes in street names
must be reviewed by the New Hanover County 911 Administrator. Street names shall be
subject to the approval of the Board of Aldermen upon recommendation of the Planning
Board.
(E)
Monuments. Permanent monuments shall be placed at all intersections or at the tangent
points of curves connecting intersecting street lines, at the points of curvature and tangency
in curved street lines, at all corners in the exterior boundary of the subdivision, and at other
points as may be necessary to make the retracing of the lines as shown upon the final plat
thereof reasonably convenient. The location of all monuments shall be clearly designated
on the final plat. All lot corners shall be marked by permanent markers.
(F)
Curves. Street lines within the block deflecting from each other at any one point more than
5° shall be connected by a curve, the radius of which shall be as determined after
considering the factors of sight-distance, type, and importance of street, anticipated traffic
volume, and convenience of traffic movement.
(G)
All streets shall be constructed to the specifications of the Town (see Chapter 99 of the
Town Code of Ordinances).
SECTION 155.12.19 LOT SIZES AND SIDE LINES
(A)
Area, Width.
All lots shall conform to Section 155.6.5, Zoning District Development
Standards.
(B)
Side Lines of Lots. Side lines of lots shall be at right angles or radial to the street lines,
unless a variation from the rule will give a better street and lot plan.
(C)
Double Frontage Lots and Corner Lots. Lots with double frontage running through the block
from the street, shall be avoided where practicable. Corner lots should be so designed as
to prevent the rear of a building on a corner lot from protruding beyond the setback line of
a building fronting the street which constitutes the side of the corner lot.
Page 12-15
Article 155.12
(D)
Radius of Property Lines at Intersections. Property lines at corners of all intersecting streets
shall generally be rounded by an arc having a radius of not less than 15 feet except that
property lines at major street intersections or at other locations where traffic hazards and
congestion may be anticipated shall be designed as special cases, and the necessary street
rights-of-way shall be provided therefor at the direction of the Planning Board, subject to
final approval by the Board of Aldermen.
SECTION 155.12.20 SETBACK LINES, UNUSABLE LOTS, AND LAND ELEVATION
(A)
Building Setback Lines. Building setback lines may be required to be shown and properly
designated which shall be not less than those required by zoning provisions of this UDO.
(B)
Unusable Lots. Where property is so platted as to leave unusable lots, the lots shall be
included within the subdivision and designated by the words "reserve lot" followed by a
numeral or letter to distinguish them from other normal lots in the subdivision.
(C)
Land Elevation Requirements. No lands shall be platted for subdivision, the building and
street areas of which are less than 7-1/2 feet mean sea level (MSL Beaufort Datum).
SECTION 155.12.21 MODIFICATION OF CERTAIN REQUIREMENTS
The regulations concerning street widths, block lengths and widths, and dead-end streets set forth
in Section 155.12.17 and Section 155.12.18 may be modified by the Planning Board, subject to final
approval by the Board of Aldermen in the case of a subdivision of a tract of land large enough to
be developed as a relatively complete development or group housing project in accordance with
a well-studied plan, properly safeguarded by restrictions and which adequately provide for traffic
circulation, light and air needs, and recreational requirements for the maximum anticipated
population and containing other requirements as may be recommended by the Planning Board and
approved by the Board of Aldermen.
PART III. GROUP HOUSING DEVELOPMENTS
SECTION 155.12.22 COMMONLY OWNED AREAS
All planned developments shall contain commonly owned land equal in area to 20% of the entire
development, exclusive of streets and parking areas. Common areas shall not be less than one acre
in size and shall be held in non-profit corporate ownership by the owners of lots within the
development or by the developer in a renter occupied development. In consideration of the
purpose served by a group housing development, the title to the common areas or property shall
be preserved for the perpetual benefit of the private properties in the development and shall be
Page 12-16
Article 155.12
restricted against private ownership for any other purpose. If the corporation desires, landscaping
and recreational improvements may be made within the common areas; provided, that maximum
coverage of the improvement shall not exceed 25% of the entire common property. The developer
shall submit and, after approval by the Town, record a declaration of the covenants and restrictions
that will govern the ownership, management, and maintenance of common areas. All property
owners’ associations shall comply with Section 155.2.12.
SECTION 155.12.23 DENSITY
The overall density of a group housing development shall not exceed that permitted by applicable
zoning requirements contained in Article 155.6. All remaining land not shown as lots, streets, or
parking area shall be designated as common areas.
SECTION 155.12.24 UNIT OWNERSHIP AND CONDOMINIUMS
Before a declaration establishing a condominium or unit ownership development may be recorded,
the declaration plan and restrictions shall be approved by the UDO Administrator and comply with
Section 155.2.12 as preliminary and final plats are approved.
SECTION 155.12.25 SITE PLANS
Site plans for all group housing developments shall show the location of the buildings, streets,
alleys, walks, parking areas, recreation areas, tree cover, and planting. The site plan shall number
and show the dimensions of all building sites and all streets and utility easements to be dedicated
to the public. All areas on the site plan other than public streets, parking areas, easements or
private building sites shall be shown and designated as common areas.
SECTION 155.12.26 PUBLIC ACCESS, EASEMENTS, AND PRIVATE PARTY WALLS
Building lots may abut or be provided with frontage on common areas, properly restricted through
a property owners association to assure adequate access, if in the opinion of the UDO
Administrator, a public street is within an acceptable distance and would allow adequate community
services. Easements over the common area for access, ingress, and egress from and to public
streets and walk-ways and easements for enjoyment of the common areas, as well as for parking,
shall be granted to each owner of a residential site. All common walls between individual
residences shall be party walls and provisions for the maintenance thereof and restoration in the
event of destruction or damage shall be established. Refer to NC State Building Code.
Page 12-17
Article 155.12
SECTION 155.12.27 UTILITIES AND IMPROVEMENTS REQUIRED
All planned developments shall include town water and sewer utilities, sidewalks, streets, and
parking. All utilities, sidewalks, streets, and parking shall be on dedicated rights-of-way and all
streets and parking shall be paved and shall have proper curb, gutter, and storm drainage. In lieu
of requiring the completion, installation and dedication of all improvements prior to final plat
approval, the subdivider may provide a Performance Guarantees as outlined in subsection
155.12.13(C).
Page 12-18
Article 155.12
APPENDIX A.
DEFINITIONS
Section A.1
Section A.2
Section A.3
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-2
Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-2
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-3
Page A-1
Appendix A
Section A.1 Purpose
For the purposes of this Ordinance, certain words, concept, and ideas are defined herein. Except
as defined herein, all other words used in this Ordinance shall have their customary dictionary
definition.
Section A.2 Interpretation
(A)
As used in this Ordinance, words importing the masculine gender include the feminine and
neuter.
(B)
Words used in the singular in this Ordinance include the plural and words used in the plural
include the singular.
(C)
Words used in the present tense include future tense.
(D)
The word “person” includes a firm, association, organization, corporation, company, trust,
and partnership, LLC, and any other legal entity, as well as an individual.
(E)
The words “may” and “should” are permissive.
(F)
The words “shall” and “will” are always mandatory and not merely directive.
(G)
The word “used for” shall include the meaning “designed for.”
(H)
The words “used” or “occupied” shall mean “intended, designed, and arranged to be used
or occupied.”
(I)
The word “lot” shall include the words “plot,” “parcel,” “site,” and “premises.”
(J)
The word “structure” shall include the word “building.”
(K)
The word “street” includes the word “alley,” “road,” “cul-de-sac,” “highway,” or
“thoroughfare,” whether designated as public or private.
(L)
The word “includes” shall not limit the term to specified examples, but is intended to extend
its meaning to all other instances or circumstances of like kind or character.
(M)
The word “Aldermen” shall mean “Board of Aldermen” of Wrightsville Beach, North Carolina.
Page A-2
Appendix A
(N)
The word “administrator” shall mean the UDO Administrator or his/her designee.
(O)
The words “Planning Board” shall mean the “Wrightsville Beach Planning Board.”
(P)
The word “Town” shall mean the “Town of Wrightsville Beach,” a municipality of the State
of North Carolina.
(Q)
The words “map,” “zoning map,” and “Wrightsville Beach Zoning Map” shall mean the
“Official Zoning Map for the Town of Wrightsville Beach, North Carolina.”
(R)
The words “Board of Adjustment” shall mean the “Wrightsville Beach Board of Adjustment.”
Section A.3 Definitions
1939 Line
A line established by the Town in 1939 pursuant to the authority set forth in Public Laws of North
Carolina, session 1939, Chapter 246, adopted by the North Carolina General Assembly in 1939. This
line runs from approximately Jack Parker Boulevard north to Heron Street and is designated more
specifically on those maps recorded in Map Book 3 pages 71, 71A and 71B, New Hanover County
Registry.
A
Access Structure
A built upon surface allowing access to the beach area.
Accessory Building
A building where it is incidental to that of the main building and is detached and located on the
same lot. Garages, carports, and storage sheds are common urban accessory buildings.
Accessory Equipment
Any equipment serving or being used in conjunction with a telecommunication facility or support
structure. This equipment includes, but is not limited to, utility or transmission equipment, power
supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters
or other structures.
Accessory Structure
A structure located on the same parcel of property as the principal structure and the use of which
is incidental to the use of the principal structure. Garages, carports, and storage sheds are
common urban accessory structures. Pole barns, hay sheds, and the like qualify as an accessory
structure on farms and may or may not be located on the same parcel as the farm dwelling or shop
building.
Page A-3
Appendix A
Accessory Use
A use customarily incidental and subordinate to the principal use or building and located on the
same lot with the principal use or building.
Addition (To an Existing Building)
An extension or increase in the floor area or height of a building or structure.
Adjacent Property
Properties immediately adjacent to the property of a request, including properties and any portions
of properties directly opposite from the property of the request but separated by a street right-ofway.
Adult Care Home
An assisted living residence in which the housing management provides 24-hour scheduled and
unscheduled personal care services to two or more residents, either directly or for scheduled needs,
through formal written agreement with licensed home care or hospice agencies. Some licensed
adult care homes provide supervision to persons with cognitive impairments whose decisions, if
made independently, may jeopardize the safety or well-being of themselves or others and therefore
require supervision. Medication in an adult care home may be administered by designated trained
staff. Adult care homes that provide care to two to six unrelated residents are commonly called
family care homes.
Alteration
As applied to a building, means any change or modification in construction exit facilities, building
equipment, or permanent fixtures which does not include an addition to the building.
Antenna
Any structure or device used to collect or radiate electromagnetic waves for the provision of cellular,
paging, personal communications services (PCS) and microwave communications. Such structures
and devices include, but are not limited to, directional antennas, such as panels, microwave dishes
and satellite dishes, and omnidirectional antennas, such as whips.
Apartment
A portion of a building consisting of one or more rooms with bath and kitchen designed for use as
a single-family residence.
Appeal
A request for a review of the UDO Administrator’s interpretation of any provision of this Ordinance.
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Appendix A
Approval Authority
The Board of Aldermen shall be the approval authority for all applications for the establishment of
vested rights.
Approved
Approved by the UDO Administrator or his/her designee.
Area of Shallow Flooding
A designated Zone AO on a community’s flood insurance rate map (FIRM) with base flood depths
determined to be from one to three feet. These areas are located where a clearly defined channel
does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity
flow may be evident.
Auditorium
A building or structure designed or intended for use for the gathering of people as an audience to
hear music, lectures, plays, or other presentations.
Average Foot-Candles
The average of a number of points of foot-candle calculations or foot-candle readings, either
horizontal or vertical, in a given area. The calculations may be initial or maintained foot-candles.
Average foot-candles are calculated from measurements on a grid.
Awning
A structure made of cloth, metal, or other material affixed to a building in such a manner that the
structure may be raised or retracted from a building to a flat position against the building, but not
a canopy.
B
Banner
A sign made of flexible materials and supported along one or more sides or at two or more corners
by one or more fixed, rigid supports, such as poles, rods, or a wall.
Barber or Beauty Shop
A commercial enterprise or business established for the purpose of providing hair cutting services
and accessory services which are typical of barber and beauty shops.
Basement
Any area of the building having its floor subgrade (below ground level) on all sides.
Page A-5
Appendix A
Base Flood
The flood having a 1% chance of being equaled or exceeded in any given year.
Base Flood Elevation (BFE)
The elevation of surface water resulting from a flood that has a 1% chance of equaling or
exceeding that level in any given year. The BFE is shown on the Flood Insurance Rate Map (FIRM).
Beach Access
A naturally occurring or built upon surface facilitating pedestrian access to the public beach area.
Beach Access Structure
An access structure or beach walkover or
other permitted structure permitting or
facilitating access to the beach area.
Beach Walkover
A means of providing access from the landward side of a dune or dune system to the public beach
without disturbing the nature of the dune or surrounding vegetation; access is facilitated by way
of a structure installed upon pilings over the dune and terminating at the toe of the dune.
Billboard
An independent advertising device used to disseminate information concerning a place, activity, or
thing not pertaining to the use of the land upon which the advertising device is located.
Board of Aldermen
The governing body of the Town of Wrightsville Beach, North Carolina.
Boat Sales and Service
A business that sells and services boats with no multi-level storage, no gas sales and no direct
water access.
Breach
A break or gap in the continuity of a dune caused by wind, water or pedestrians.
Breakaway Wall
A wall that is not part of the structural support of the building and is intended through its design
and construction to collapse under specific lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundation system.
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Appendix A
Bufferyard
A required open space, containing only screening and other uses as
provided by this Ordinance. Both rear yards and side yards shall be
considered bufferyards.
Building
Any structure enclosed and isolated by exterior walls constructed or used
for residence, business, industry, or other public or private purpose, or
accessory thereto.
Building Front
The side of a building parallel to, or most nearly parallel to, the lot frontage line or the side of the
building containing the primary entrance as designated by the owner. A building front may not face
a side or rear lot line.
Building, Height of
The vertical distance measured from a point in the center line of the street (whether public or
private) adjoining the front of the lot on which a structure is to be built or improved that is an equal
distance from the side lines extended to the center line of the adjoining street to the highest point
of the coping of a flat roof; to the ridge line of a mansard roof; to the ridge of a gable, hip, or
gambrel roof; or to the highest point of a roof deck or hand rail. Elevator penthouses and
necessary mechanical service equipment are exempt from this height limitation provided they are
properly screened. Also exempt are chimneys, solar panels, and church steeples. For corner lots
adjoining two streets or for those lots that do not adjoin a street, the adjoining street for purposes
of this definition shall be the street which is the address of the lot. Features which increase the
height of the street at its center above its average grade, such as speed bumps, shall be omitted
in determining building height.
Page A-7
Appendix A
Building Inspector
The town Building Inspector who is charged by the UDO Administrator with enforcement of this
Ordinance, where applicable.
Building Permit
All land use, development, or building of any sort, excluding agricultural uses, shall be required
under this Ordinance to make application for, receive approval of, and obtain a permit for said land
use, development, or building. This shall include but not be limited to any land disturbing activities
other than that stated above.
Building, Principal
A building in which is conducted the principal use of the lot on which it is situated.
Building Setback Line
A line establishing the minimum allowable distance between the property
line and the nearest portion of any structure or building constructed on
a lot. No building or structure or portion of a building or structure of any
kind shall be permitted between the building setback line and the
property line, either below, at, or above ground level, except as set forth
herein, in Section 2.10, or elsewhere in this Ordinance.
Bulkhead
A vertical wall structure designed to retain shoreline material and prevent erosion due to wave
activity.
C
Caliper
The measurement of the diameter of a tree trunk. Measurement shall
be taken six inches above grade.
CAMA
North Carolina’s Coastal Area Management Act. This act, along with the dredge and fill law and the
federal Coastal Zone Management Act, is managed through the North Carolina Department of
Environment and Natural Resources (NCDENR), Division of Coastal Management (DCM).
Page A-8
Appendix A
CAMA Local Permit Officer (Code Enforcement Official, LPO)
Staff of the Planning and Inspections Department of the town trained by the Division of Coastal
Management to implement the CAMA regulations for minor permits. The Code Enforcement Official
referred to in this Ordinance is also a CAMA Local Permit Officer.
Cane
The slender, strong but often flexible stem of a shrub.
Canopy
A structure other than an awning made of cloth, metal, or other material which may be totally or
partially attached to a building for the purpose of providing shelter to patrons or automobiles, or
as a decorative feature on a building wall. A canopy is not a completely enclosed structure.
Carrier on Wheels or Cell on Wheels (COW)
A portable self-contained cell site that can be moved to a location and set up to provide personal
wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and
contains a telescoping boom as the antenna support structure.
Cellar
A portion of a building located partly or wholly underground having an inadequate access to light
and air from windows located partly or wholly below the level of the adjoining ground.
Chemical Storage Facility
A building, portion of a building, or exterior area adjacent to a building used for the storage of any
chemical or chemically reactive products.
Child Care Center
An arrangement where, at any one time, there are three or more preschool-age children or nine
or more school-age children receiving child care.
Coastal Barrier Resources System (CBRS)
Undeveloped portions of coastal and adjoining areas established by the Coastal Barrier Resources
Act (COBRA) of 1982, the Coastal Barrier Improvement Act (CBIA) of 1990, and subsequent
revisions, and includes areas owned by federal or state governments or private conservation
organizations identified as otherwise protected areas (OPA).
Coastal High Hazard Area
A special flood hazard area extending from offshore to the inland limit of a primary frontal dune
along an open coast and any other area subject to high velocity wave action from storms or seismic
sources. The area is designated on a FIRM, or other adopted flood map as determined in Article
155.11, Part I of this Ordinance, as Zone VE.
Page A-9
Appendix A
Collocation
The act of siting telecommunications facilities in the same location on the same support structure
as other telecommunications facilities. Collocation also means locating telecommunications facilities
on an existing structure (i.e., buildings, water tanks, towers, utility poles, etc.) without the need
to construct a new support structure.
Computation of Time
The time within which an act is to be done shall be computed by excluding the first and including
the last day; and if the last day is Saturday, Sunday, or a legal holiday, that shall be excluded.
Conditional Use Process or Permit
Required for all stated conditional uses including building, development, land use, and the like. The
process as set forth in this Ordinance requires that certain stipulations, projections, prerequisites,
qualifications, and the like will be fulfilled if the proposed project is to be permitted.
Construction, Light Marina Related
An activity whose principal business is the construction of marina related structures such as floating
docks, piers and other accessory structures, excluding the construction of boats and other water
vessels.
Coppice Mounds
The initial stages of dune growth
formed as sand accumulates on the
downwind side of plants and other
obstructions on or immediately
adjacent to the beach seaward of
the foredunes. Coppice mounds
may be unvegetated.
County
The County of New Hanover, in the State of North Carolina, except as otherwise provided.
D
Damaged Trees
Trees with structural defects are considered to be damaged. Some indicators of damaged trees
are:
(1)
Burlwood. Indicates abnormal wood growth and is associated with strength loss.
(2)
Cavities and Decay. These ‘bad spots’ in a tree are great for wildlife but are often
cause for removal near structures.
Page A-10
Appendix A
(3)
(4)
(5)
(6)
(7)
(8)
Construction Injury. Roots, trunk and branches can be severely damaged by
grading equipment. Many times this damage is extensive enough that the tree
should be removed.
Dead Branches. Large dead branches and hangers should be removed if there is no
other damage to the tree. Long overextended branches also should be removed.
Dead branches by themselves are not cause for removal.
Dead Tree. If more than 50% of the major limbs are dead or dying and the tree is
in a declining state, it shall be removed.
Edge Tree. If an edge tree is leaning and it has a potential target, it should be
removed. Natural lean and leans where the ground is being heaved are both
considered leans.
Fungal Fruiting Bodies (Mushrooms and Conks). This can mean significant strength
loss and should be investigated by a professional and removed if it is warranted.
Roots, Cankers, Cracks. These can be signs of significant structural strength loss.
Either removal or further professional investigation is needed.
Deteriorated
That a dwelling is unfit for human habitation and can be repaired, altered, or improved to comply
with all the minimum standards established by this Ordinance, at a cost not in excess of 50% of
its value, as determined by findings of the UDO Administrator.
Development
Any man-made change to improved or unimproved real estate, including but not limited to buildings
or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or
storage of equipment or materials.
Diameter Breast Height (DBH)
A measure of the size of a tree. Diameter is measured by finding
the circumference of the tree trunk with a tape measure and
dividing the result by pi (3.14159). The circumference measure
shall be taken at breast height - four and one-half feet above
existing grade (the base of the tree). In the event of a multitrunk
tree, the DBH of each trunk shall be summed to determine a total
DBH for that tree.
Dilapidated
That a dwelling is unfit for human habitation and cannot be repaired, altered, or improved to
comply with all the minimum standards established by this Ordinance at a cost not in excess of
60% of its value, as determined by findings of the Inspector.
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Appendix A
Disposal
As defined in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking,
or placing of any solid waste into or on any land or water so that the solid waste or any constituent
part of the solid waste may enter the environment or be emitted into the air or discharged into any
waters, including groundwaters.
Dock and Piers
Platforms that extend into public waters for purposes such as mooring watercraft, loading and
unloading watercraft, water access, and seating areas. Private docks and piers include those
structures associated with residentially zoned areas and for which no rent or fees are charged for
use. Commercial docks and piers are those structures associated with commercially zoned areas
or for which rents or other fees are charged for use, or for which membership is required for use,
such as private clubs.
Drip Line
The ground area under a tree, directly under the tips of its
outermost branches, where it sheds rain or irrigation water.
Dune
Dynamic sand deposition(s) representing a fluctuation in elevation within that area of the beach
having development limitations as prescribed within this Ordinance. The word "dune" as used in
this Ordinance shall mean frontal or single dunes, dune ridges, and dune systems or any part
thereof, both old and new, and shall include the vegetative cover related to these dunes.
Dune Ridge (Dune System)
The continuous line of dunes which are usually well vegetated and rise landward of the beach area
but may also rise directly from a flat, wave-cut beach immediately after a storm. A continuous line
of dunes having primary dune height is called a primary dune system (see Primary Dune).
Duplex
A building consisting of two dwelling
units arranged or designed to be
occupied by two families living
independently from each other. The
units shall share a common and
contiguous wall, where the units are
side by side, or abutting ceiling and
floor, where one unit is above the
other.
Page A-12
Appendix A
Dwelling
Any building which is wholly used or intended to be used for living or sleeping by human occupants
whether or not such building is occupied or vacant; provided that temporary housing as hereinafter
defined shall not be regarded as a dwelling.
Dwelling, Multi-family
A building or portion thereof used or designed as a residence for three or more families living
independently of each other and doing their own cooking therein on a site of less than one acre.
See also Housing Development.
Dwelling Unit
A single unit providing complete independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking, and sanitation.
E
Elevated Building
A non-basement building which has its lowest elevated floor raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or columns.
Encroachment
The advance or infringement of uses, fill, excavation, buildings, permanent structures, or
development into a floodplain (which may impede or alter the flow capacity of a floodplain), or into
a required setback.
Eroding Area
A portion of the shoreline which is experiencing an historical erosion rate of greater than two feet
per year based on published data.
Erosion
The wearing away of land or the removal of beach and/or dune sediments by wave action tidal
currents, wave currents, drainage, or wind. Erosion includes, but is not limited to, horizontal
recession and scour and can be induced or aggravated by human activities.
Extermination
The control and elimination of insects, rodents, or other pests by eliminating their harborage places;
by removing or making inaccessible materials that may serve as their food, by poisoning, spraying,
fumigating, trapping or by other recognized and legal pest elimination methods approved by the
UDO Administrator.
Page A-13
Appendix A
F
Family
One or more persons related by blood, marriage, or adoption, living as a single housekeeping unit,
and having a recognized head of household, or not more than four persons not so related,
occupying a dwelling unit and living as a single housekeeping unit.
Family Care Home
An adult care home having two to six residents. The structure of a family care home may be no
more than two stories high, and none of the aged or physically disabled persons being served there
may be housed in the upper story without provision for two direct exterior ground-level accesses
to the upper story.
Family Child Care Home
A child care arrangement located in a residence where, at any one time, more than two children,
but less than nine children, receive child care.
Fence
Any constructed barrier of any material or combination of materials serving as an enclosure or
boundary. A fence shall include all supporting and associated structures such as columns,
decorations, gates, and berms. Fences may be open or solid provided the natures of the
construction does not violate the provisions of Section 155.7.10.
Festoon
A chain or garland of flowers, leaves, ribbons, or similar material hung or strung as a decoration.
Fixture
Assembly that houses the lamp or lamps and can include all or some of the following parts: a
housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or
a refractor or lens.
Floating Home
(1)
Any vessel in fact used, designed, or occupied as a permanent dwelling unit,
business office, or source of any occupation or for any private or social club of
whatsoever nature, including, but not limited to, a structure constructed upon a
barge primarily immobile and out of navigation or which functions substantially as
a land structure while the same is anchored, moored, or docked within the zoning
jurisdiction of the town, whether such vessel is self propelled or not and whose
volume coefficient is greater than 3,000 square feet. Volume coefficient shall be
determined by dividing the habitable space of a vessel measured in cubic feet by the
draft of a vessel measured in feet of depth.
Page A-14
Appendix A
(2)
Where the dead weight of a vessel is excessive from the use of ballast or the
extensive use of materials not reasonably needed to provide a safe and durable hull,
the weight of such ballast or additional hull thickness shall be computed and any
draft resulting from such excess weight or from keels or other projections from the
vessel's bottom shall not be included in the vessel draft used to compute the volume
coefficient of the vessel.
Flood or Flooding
A general and temporary condition of partial or complete inundation of normally dry land areas
from:
(1)
The overflow of inland or tidal waters; and/or
(2)
The unusual and rapid accumulation of runoff of surface waters from any source.
Flood Insurance
The insurance coverage provided under the National Flood Insurance Program.
Flood Insurance Rate Map (FIRM)
An official map of a community, issued by the Federal Emergency Management Agency, on which
both the special flood hazard areas and the risk premium zones applicable to the community are
delineated.
Flood Insurance Study (FIS)
An examination, evaluation, and determination of flood hazards, corresponding water surface
elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by
the Federal Emergency Management Agency. The flood insurance study report includes flood
insurance rate maps (FIRMs).
Flood Prone Area
See Floodplain.
Floodplain
Any land area susceptible to being inundated by water from any source.
Floodplain Administrator
The UDO Administrator or his/her designee appointed to administer and enforce the floodplain
management regulations.
Floodplain Development Permit
Any type of permit that is required in conformance with the provisions of this Ordinance prior to the
commencement of any development activity.
Page A-15
Appendix A
Floodplain Management
The operation of an overall program of corrective and preventive measures for reducing flood
damage and preserving and enhancing, where possible, natural resources in the floodplain,
including but not limited to emergency preparedness plans, flood control works, floodplain
management regulations, and open space plans.
Floodplain Management Regulations
Article 155.11, Part I, and other zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances, and other applications of police power which control
development in flood prone areas. This term describes federal, state, or local regulations, in any
combination thereof, which provide standards for preventing and reducing flood loss and damage.
Flood Proofing
Any combination of structural and nonstructural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or improved real property, water, and
sanitation facilities, structures, and their contents.
Floodway
The channel of a river or other watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water surface elevation more
than one foot.
Flood Zone
A geographical area shown on a flood hazard boundary map or flood insurance rate map that
reflects the severity or type of flooding in the area.
(1)
Zone A. Areas subject to inundation by the 1-percent-annual-chance flood event
generally determined using approximate methodologies. Because detailed hydraulic
analyses have not been performed, no Base Flood Elevations (BFEs) or flood depths
are shown. Mandatory flood insurance purchase requirements and floodplain
management standards apply.
(2)
Zone AE and A1-30. Areas subject to inundation by the 1-percent-annual-chance
flood event determined by detailed methods. Base Flood Elevations (BFEs) are
shown.
Mandatory flood insurance purchase requirements and floodplain
management standards apply.
(3)
Zone VE. Areas subject to inundation by the 1-percent-annual-chance flood event
with additional hazards due to storm-induced velocity wave action. Base Flood
Elevation (BFEs) derived from detailed hydraulic analyses are shown. Mandatory
flood insurance purchase requirements and floodplain management standards apply.
Page A-16
Appendix A
Floor
A floor shall be the base or supporting surface of a structure or the lower most horizontal plane of
an enclosed area, whether finished or unfinished, and including at each level all open area for
interior stairwells, elevators and mechanical chases.
Floor Area
The total area of all habitable rooms in a building/structure.
Floor Area Ratio (FAR)
The ratio of the measured area of a structure to the lot on which it is built expressed as a decimal.
Only the measured area above the Base Flood Elevation shall be included in the calculation. The
measured area and the lot size are always measured in square feet. Applies to single-family and
duplex structures only.
Foot-Candle
Illuminance produced on a surface as measured by a calibrated light meter.
Freeboard
The height added to the base flood elevation (BFE) to
account for the many unknown factors that could
contribute to flood heights greater that the height
calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings, and the
hydrological effect of urbanization on the watershed. The
base flood elevation plus the freeboard establishes the
Regulatory Flood Protection Elevation.
Page A-17
Appendix A
Frontal Dune
The first mound of sand located landward of that area extending from the mean low water line to
a point where vegetation or a change in elevation occurs having sufficient vegetation, height,
continuity and configuration to offer protective value.
Full Cut-Off Lights
An outdoor light fixture that emits no light rays above the horizontal
plane of the fixture.
Functionally Dependent Facility
A facility which cannot be used for its intended purpose unless it is located in close proximity to
water, such as a docking or port facility necessary for the loading and unloading of cargo or
passengers, shipbuilding, or ship repair. The term does not include long-term storage,
manufacture, sales, or service facilities.
G
Garage
An area used or capable of being used for normal automobile storage with normal automobile
access.
Garbage
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption
of food.
General Maintenance Activities
Activities related to a structure that involve cleaning and painting and repair or replacement of
existing components of the structure with like components in such a way that the existing design
of the structure is not altered.
Glare
Light emitted from a light fixture with intensity great enough to reduce a viewer's ability to see, and
in extreme cases, causing momentary blindness; the eye's direct line-of-sight contact with a light
source.
Page A-18
Appendix A
Green Space
An area consisting solely of dirt, mulch, or other similar natural ground cover and natural planting
materials.
Guest Home or Tourist Home
Any dwelling occupied by owner or operator in which rooms are rented for guests and for lodging
of transients and travelers for compensation, where not more than four rooms are used for these
purposes.
H
Habitable Room
A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating
purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers or
communicating corridors, closets and storage spaces.
Habitable Space
Suitable for habitation and/or housing with a controlled physical environment in which people can
live under surrounding hospitable conditions. Habitable space shall also include any space below
the 100-year base flood elevation which is finished and which enhances the structural stability of
the walls to exceed 20 pounds per square foot. Examples of finished space shall include but not
be limited to furniture in place, no floodway openings, and used in the manner described in this
definition.
Hazardous Waste Facility
As defined in NCGS 130A, Art. 9, a facility for the collection, storage, processing, treatment,
recycling, recovery, or disposal of hazardous waste.
Health Club
A commercial enterprise or business established for the purpose of providing facilities for physical
exercise with the use of athletic equipment and accessory services which are typical of health clubs.
Heritage Species
Any live oak tree or eastern red cedar tree.
Highest Adjacent Grade (HAG)
The highest natural elevation of the ground surface, prior to construction, immediately next to the
proposed walls of the structure.
Page A-19
Appendix A
Highway
A dedicated and accepted public right-of-way for vehicular traffic. A Highway shall include all of
the dedicated right-of-way and shall not be limited to the paved surface only.
Historic Structure
Any structure that is:
(1)
Listed individually in the National Register of Historic Places (a listing maintained by
the U.S. Department of Interior) or preliminarily determined by the Secretary of
Interior as meeting the requirements for individual listing on the National Register;
(2)
Certified or preliminarily determined by the Secretary of Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(3)
Individually listed on a local inventory of historic landmarks in communities with a
Certified Local Government (CLG) Program; or
(4)
Certified as contributing to the historical significance of a historic district designated
by a community with a Certified Local Government (CLG) Program. Certified Local
Government Programs are approved by the U.S. Department of the Interior in
cooperation with the North Carolina Department of Cultural Resources through the
State Historic Preservation Officer as having met the requirements of the National
Historic Preservation Act of 1966 as amended in 1980.
Holiday Lighting
Temporary seasonal lighting, in the nature of decorations, clearly incidental to and customarily
associated with nationally recognized holidays.
Home Occupation
Occupations described herein which are carried out within a dwelling unit for the purpose of gain
or support by a person or resident of such premises in accordance with the regulations of this
Ordinance. Permitted home occupations shall be limited to office and professional use and
homecrafts.
Horizontal Illuminance
Light falling on a horizontal surface measured in foot-candles.
Hotel and Motel
A building designed for occupancy for transients and having 16 or more rooms or suites of rooms
for rent to such transients. Such hotel or motel shall contain an on-site office of the purpose of
renting rooms and such other operational functions normal to a hotel or motel. Single rooms shall
contain no more than 500 square feet including one bathroom. Suites shall consist of no more than
two rooms not to exceed a total of 600 square feet with one bathroom. Suites may consist of two
Page A-20
Appendix A
or more units in combination; however, when this is the case, each unit shall be counted separately
for density and parking requirements. (See Apartment, Dwelling-Multifamily.)
Hotel and Motel Suite
A suite shall be defined as two rooms sharing bath facilities not to exceed a total of 600 square
feet.
Hotel and Motel Unit
A unit shall be defined as one room and a bath with or without kitchen facilities not exceeding 500
square feet.
Household Appliance
White goods or large electrical appliances that are typically, but not necessarily, finished in white
enamel. Household appliance includes, but shall not be limited to, a stove, refrigerator, washing
machine, clothes dryer and dishwasher.
Housing Development
A group of three or more dwelling units on property designed for occupancy by separate families.
Examples would be: cluster-type subdivisions; planned unit developments; apartments; and housing
projects, a project constructed for unit ownership as permitted by the North Carolina UnitOwnership Act, (NCGS Ch. 47A) when approved under the requirements for group housing
developments as set forth in the subdivision regulations of the town. Zero setback single-family
housing may be allowed provided the housing complies with the conditional use standards and the
setback of the opposite lines shall be double that required for the zone.
I
IESNA
Illuminating Engineering Society of North America.
Indirect Illumination
Illuminated as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial
light source that is not visible to an observer.
Infestation
The presence, within or around a dwelling, of any insects, rodents, or other pests in such numbers
as to constitute a menace to the health, safety, or welfare of the occupants or to the public.
Page A-21
Appendix A
In the Town
Any territory, jurisdiction of which for the exercise of its regulatory power has been conferred on
the town by public or private law.
J
None
K
None
L
Landlocked Waterfront Lot
Lots not abutting any streets, but abutting a public beach or waterway.
Levee
A man-made structure, usually an earthen embankment, designed and constructed in accordance
with sound engineering practices to contain, control, or divert the flow of water so as to provide
protection from temporary flooding.
Levee System
A flood protection system which consists of a levee, or levees, and associated structures, such as
closure and drainage devices, which are constructed and operated in accordance with sound
engineering practices.
Level of 100-Year Flood
The highest level of flooding that, on the average, is likely to occur once every 100 years (or has
a 1% chance of occurring each year). In no case, however, shall any structure have habitable
space below a minimum of two feet above the base flood elevation as shown on the federal flood
insurance rate maps in both the A and V Zones and in both residential and non-residential
structures. Both new construction and/or substantial improvement of existing structures shall
comply with the requirements of this Ordinance at the lowest supporting structural member in the
V Zone and at the finished floor elevation in the A Zone.
Light(ing)
Light emanating from any human-made device.
Page A-22
Appendix A
Light Pollution
General sky glow caused by the scattering of artificial light in the atmosphere.
Light Source (Lamp)
Any light or lighting that directly radiates visible light; part of the fixture that produces actual light.
Light Trespass
Shining of light produced by a light fixture, other than
a municipal street light on a public right-of-way, beyond
the boundaries of the property on which it is located.
A calibrated measurement above 0.1 foot-candles on
the receiving property (the property of the person
complaining of the trespass) is "Light Trespass." The
measurement is made at adult eye level five feet within
the boundary of the receiving property with a calibrated
light meter.
Line of Vegetation
The extreme seaward boundary of natural vegetation which spreads continuously inland. If unable
to identify the stable vegetation line, then the line can be extrapolated from the next nearest point
of stable vegetation on both the north and south of the area in question.
Lot
A parcel of land occupied or capable of being occupied by a building or group of buildings devoted
to a common use, together with the customary accessories and open spaces belonging to same.
Lot, Corner
A lot or portion of a lot at the junction of and abutting upon two or more streets. For
nonconforming lots, only the street which the lot is addressed is subject to the front yard setback.
See Section 155.2.6, Visibility on Corner Lots.
Lot, Depth of
The mean horizontal distance between the front and rear lot lines.
Page A-23
Appendix A
Lot Frontage
The front of a lot shall be construed to be the portion nearest the street. For the purpose of
determining yard requirements on through lots, all sides of a lot abutting parallel or approximately
parallel streets shall be considered frontages. For landlocked waterfront lots, the side of the lot
abutting the water shall be considered the rear lot line and the side opposite this rear lot line shall
be considered the front lot line.
Lot Line
The line bounding a lot as defined herein.
Lot, Through
A lot having frontage on two parallel or approximately parallel streets.
Lot Width
The mean horizontal distance between side lot lines.
Lowest Adjacent Grade (LAG)
The elevation of the ground, sidewalk, or patio slab immediately next to the building, or deck
support, after completion of the building.
Lowest Floor
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant
enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other
than a basement area is not considered a building’s lowest floor, provided that such an enclosure
is not built so as to render the structure in violation of the applicable non-elevation design
requirements of this Ordinance.
Lumen
Total quantity of light produced by a light source, according to the manufacturer's ratings. One
foot- candle is one lumen per square foot.
M
Maintained Foot-Candle
Average foot-candles that are calculated with an adjustment for a maintenance factor that includes
dirt build-up, lamp lumen loss over time, ballast factor, and so on. Immediately after installation,
the system may have higher illumination levels, which over time will decrease to the average
maintained level.
Page A-24
Appendix A
Manufactured Home
A structure transportable in one or more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation when connected to the required
utilities. The term Manufactured Home does not include a Recreational Vehicle.
Manufactured Home Park or Subdivision
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent
or sale.
Market Value
The building value, not including the land value and that of any accessory structures or other
improvements on the lot. Market value may be established by independent certified appraisal,
replacement cost depreciated for age of building and quality of construction (actual cash value),
or adjusted tax assessed values.
Marina or Boatominium
A place where boats are stored, serviced, or supplied with any type of marine and service a
contiguous group of two or more boat slips, each of which is or may be separately owned and with
common ownership of the land, piers, walkways, and any other structures necessary for service of
the slips. Projects approved under the North Carolina Unit Ownership Act (NCGS Ch. 47A) and
having an approved conditional use permit are excluded from this definition.
Marquee
A roof-like structure or awning projecting over an entrance to a building.
Mayor
The Chief Elected Official of Wrightsville Beach.
Mean Sea Level
The average height of the sea for all stages of the tide. It is used as a reference for establishing
various elevations within the floodplain. Refer to each FIRM panel to determine datum used.
Measured Area
All of the interior floor area of a building above the Base Flood Elevation which is surrounded by
exterior walls and/or attic with or without a laid floor with structural headroom of five feet or
greater shall be included in the measured area. Where a floor lies below a ceiling height of greater
than 15 feet (as in a vaulted ceiling), then that area of the floor under the vertical height of greater
than 15 feet shall be counted twice. One access corridor in the attic of a structure may be excluded
from measured area so long as it:
(1)
Runs parallel to the center roof ridge; and
(2)
Is no wider than three feet; and
(3)
Does not exceed five feet in height.
Page A-25
Appendix A
Meeting and Events Center
A facility in which space and ancillary services, which may include food services, are furnished to
groups holding functions including, but not limited to, meetings, weddings, and receptions. Food
may be prepared on site, but food service shall not be provided to members of the general public
who are not members of a group holding a function at which the food service is provided.
Meeting Rooms
A structure or portion of a structure, area or other facility privately owned and utilized for general
meeting and conference activities. The use may include an administrative office used solely for the
purpose of leasing the meeting room; however, no cooking facilities of any kind shall be permitted
in the meeting room or administrative office. Meeting or conference rooms that qualify as
accessory uses to a hotel or motel shall be excluded from this definition.
Minimum Foot-Candle
The minimum foot-candle reading for a given area.
Mixed Use Commercial-Residential
A type of use providing for commercial use on the first finished floor
of the structure facing the public right-of-way or other public space
and residential use on the second and any additional permitted floors.
No residential use shall be permitted on the first finished floor of the
structure. Commercial use shall be permitted on the second or higher
finished floors of the structure. Those commercial uses permitted in
a mixed used development shall be the commercial uses permitted in
the applicable zoning district. Each residential unit permitted in a
mixed use development shall have a minimum of 1,500 square feet of
heated space and shall comply with all other provisions of this
Ordinance.
Modifications, Major
Improvements to existing telecommunications facilities or support structure that result in a
substantial change to the facility or structure. Collocation of new telecommunications facilities to
an existing support structure without replacement of the structure shall not constitute a major
modification. Major modifications include, but are not limited to, extending the height of the
support structure by more than twenty (20) feet or ten percent (10%) of its current height
whichever is greater, and the replacement of the structure.
Modifications, Minor
Improvements to existing telecommunications facilities and support structures that result in some
material change to the facility or support structure but of level, quality, or intensity that is less than
a “substantial” change. Such minor modifications include, but are not limited to, extending the
Page A-26
Appendix A
height of the support structure by less than twenty (20) feet or ten percent (10%) of its current
height, whichever is greater, and the expansion of the compound area of for additional accessory
equipment.
Multiple Dwelling
Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be
occupied, or which is occupied as the home or residence of two families or more, living
independently of each other and doing their own cooking in the said building and shall include flats
and apartments.
Multi-Unit Assisted Housing with Services
An assisted living residence in which hands-on personal care services and nursing services which
are arranged by housing management are provided by a licensed home care or hospice agency
through an individualized written care plan. The housing management has a financial interest or
financial affiliation or formal written agreement which makes personal care services accessible and
available through at least one licensed home care or hospice agency. The resident has a choice
of any provider, and the housing management may not combine charges for housing and personal
care services. All residents, or their compensatory agents, must be capable, through informed
consent, of entering into a contract and must not be in need of 24-hour supervision. Assistance
with self-administration of medications may be provided by appropriately trained staff when
delegated by a licensed nurse according to the home care agency’s established plan of care.
N
Natural Area
Those portions or areas of each lot, tract, or parcel which are designated, or required, to retain the
original vegetation and existing topography.
Natural Vegetation
Any vegetation, whether original or planted, that is compatible with the property according to
Article 9, Part III.
Natural Water Feature
This area shall include the ocean front, all natural and man-made water courses, and all wetlands.
New Construction
Structures for which the start of construction commenced on or after June 9, 1970, and includes
any subsequent improvements to such structures.
Page A-27
Appendix A
Nonconforming Building
A building that does not comply with the yard, area, and height requirements of this Ordinance.
Nonconforming Lot
A lot existing on the effective date of this Ordinance or any amendment hereto that cannot meet
the minimum area or lot width or depth requirements of the district in which the lot is located.
Nonconforming Situation
A situation that occurs when, on the effective date of this Ordinance
or any amendment hereto, an existing lot or structure, or lawful use
of an existing lot or structure, does not conform to one or more of
the regulations applicable to the district in which the lot or structure
is located. Among other possibilities, a nonconforming situation may
arise because a lot does not meet minimum acreage requirements,
because a structure does not satisfy maximum height limitations,
because the relationship between existing buildings and the land (in
such matters as density and setback requirements) is not in
conformity with this Ordinance, or because land, buildings or other
areas subject to this Ordinance are used for purposes made
unlawful by this Ordinance or any amendment hereto.
Nonconforming Structure
A structure that legally existed prior to the adoption date of this Ordinance, but which is not in
compliance with the requirements of this Ordinance for the district in which the structure is located.
Nonconforming Use
Any building, land or other areas subject to this Ordinance lawfully occupied by a use on the
effective date of this Ordinance or amendment hereto which does not conform after the passage
of this Ordinance or amendment with the use requirements of the district in which it is situated.
For example, a commercial retail use in a residential district may be a non-conforming use. The
term also refers to the activity that constitutes the use made of the property. For example, the use
of property as a duplex in an area zoned exclusively for single-family residences is a nonconforming
use.
Non-Encroachment Area
The channel of a river or other watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water surface elevation more
than one foot as designated in the flood insurance study report.
Page A-28
Appendix A
Non-Glare
Materials with a finish which does not produce a brightness sufficient to cause annoyance,
discomfort, or loss in visual performance and visibility.
Nursing Home
A facility, however named, which is advertised, announced, or maintained for the express or implied
purpose of providing nursing or convalescent care for three or more persons unrelated to the
licensee. A nursing home is a home for chronic or convalescent patients, who, on admission, are
not as a rule, acutely ill and who do not usually require special facilities such as an operating room,
X-ray facilities, laboratory facilities, and obstetrical facilities. A nursing home provides care for
persons who have remedial ailments or other ailments, for which medical and nursing care are
indicated; who, however, are not sick enough to require general hospital care.
O
Oath
Includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath,
and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed.
Oceanfront Lot
A lot of record which is adjacent to the Atlantic Ocean or the Property Line or other inlet hazard
area. An oceanfront lot shall also include lots adjacent to town, state or US Government owned
property that adjoins the Atlantic Ocean.
Oceanfront Pier
A pier constructed wholly or in part east of the Property Line as established by Chapter 246 of the
Public Laws of North Carolina, Session 1939, as amended.
Ocean Hazard Area
Those AECs that are considered natural hazard areas along the Atlantic Ocean shoreline where,
because of their special vulnerability to erosion or other adverse effects of sand, wind, and water,
uncontrolled or incompatible development could reasonably endanger life or property. Ocean
hazard areas include beaches, frontal dunes, inlet lands, and other areas in which geologic,
vegetative, and soil conditions indicate a substantial possibility of excessive erosion or flood
damage.
Ocean-Related Business
A business activity limited solely to teaching participants to surf, paddleboard, or kite board and the
rental of chairs and umbrellas by hotels located immediately adjacent to the beach front.
Page A-29
Appendix A
Occupant
Any person over one year of age, living, sleeping, cooking or eating in, or having actual possession
of a dwelling unit or rooming unit.
Occupancy
The purpose for which a building is used or intended to be used. Change of occupancy is not
intended to include change of tenants or proprietors.
Official Time Standard
Whenever certain hours are named in this code, they shall mean standard time or daylight saving
time as may be in current use in this town.
OPA
An Otherwise Protected Area.
Opaque Fence
Any six foot minimum fence which creates complete visual separation between adjoining properties.
Opaque Wall
Any six foot minimum wall which creates complete visual separation between adjoining properties.
Openable Area
That part of a window or door which is available for unobstructed ventilation and which opens
directly to the outdoors.
Open Air Market
Any temporary display of goods in an open or partially open setting as requested by the applicant
and approved by the Board of Aldermen.
Operator
Any person who has charge, care or control of a building, or part thereof, in which dwelling units
or rooming units are let.
Ordinary Maintenance
Ensuring that telecommunications facilities and support structures are kept in good operating
condition. Ordinary maintenance includes inspections, testing, and modifications that maintain
functional capacity, aesthetic and structural integrity; for example, the strengthening of a support
structure’s foundation or of the support structure itself. Ordinary maintenance includes replacing
antennas and accessory equipment on a like-for-like basis within an existing telecommunications
facility and relocating the antennas of approved telecommunications facilities to different height
Page A-30
Appendix A
levels on an existing monopole or tower upon which they are currently located.
maintenance does not include minor modifications or major modifications.
Ordinary
Original Vegetation
Plant life that existed on the site at its first stage of existence.
Outdoor Lighting
Night-time illumination of an outside area, object, or building by any man-made device located
outdoors or indoors that produces light by any means.
Owner
Any owner of a legal or equitable interest in real property, including heirs, devisees, successors and
assigns, having a vested estate and the agent or personal representative of such owner. For
purposes of this Ordinance, owner shall include a person holding a valid and recorded option to
purchase the real property with respect to which he seeks to establish a vested right.
P
Parking Facility
Area used for the storage of vehicles. Interior shall mean the area within the parking facility curb
or pavement.
Parking Lots
Lands outside of the public right-of-way, properly improved in accordance with Article 155.9, Part
I, Off-Street Parking Requirements, with suitable ingress from and egress to a public street, for the
sole use of parking motor vehicles.
Parking Space
A clearly marked storage space for one automobile, plus the necessary access
space. Such parking space shall always be located outside the dedicated street
right-of-way and conform to the standards set forth in Article 155.9, Part I.
Parties in Interest
All individuals, associations, and corporations who have interests of record in
a dwelling or any who are in possession thereof; or shall have charge, care or control of any
dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator,
administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing
the actual owner shall be bound to comply with the provisions of this Ordinance, and of rules and
regulations adopted pursuant thereto, to the same extent as if he were the owner.
Page A-31
Appendix A
Person
A corporation, firm, partnership, limited liability corporation (LLC), association, organization, and
any other group acting as a unit, as well as an individual.
Personal Property
Every type of property except real property, as herein defined.
Platting Jurisdiction
The land located within the corporate limits and the land located within one mile in every direction
from the corporate limits and not located in any other incorporated city or town. However, the
platting jurisdiction shall extend only to a point equidistant from the corporate limits of the town.
Plumbing
The labor, materials, and fixtures used in the installation, maintenance, extension, and alteration
of all piping, fixtures, appliances, and appurtenances in connection with any of the following:
sanitary drainage or storm drainage facilities, the venting system and public or private water-supply
system, within or adjacent to any building, structure, or conveyance; also the labor and material
used in the installation, maintenance, extension, or alteration of storm water, liquid waste, or
sewage, and water supply systems on any premises to their connection with any point of public
disposal.
Post-FIRM
Construction or other development for which the start of construction occurred on or after June 12,
1970, the effective date of the initial flood insurance rate map for the area.
Pre-FIRM
Construction or other development for which the start of construction occurred before June 12,
1970, the effective date of the initial flood insurance rate map for the area.
Premises
A lot, plot, or parcel of land including the buildings or structures thereon.
Primary Dune
The Coastal Area Management Act defines
a primary dune as "the first mounds of sand
located landward of the ocean beaches
having an elevation equal to the mean flood
level for the area plus six feet. The primary
dune extends landward to the lowest
elevation in the depression behind that
same mound of sand.
Page A-32
Appendix A
Primary Frontal Dune
A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and
landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary
frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a
relatively mild slope.
Principally Above Ground Building
A building that has at least 51% of its actual cash value, including machinery and equipment, above
ground.
Private Club
An establishment that is organized and operated solely for a social, recreational, patriotic, or
fraternal purpose and that is not open to the general public, but is open only to the members of
the organization and their bona fide guests. This provision does not, however, prohibit such an
establishment from being open to the general public for raffles and bingo games as required by GS
14-309.11(a) and GS 14-309.13. No organization that discriminates in the selection of its
membership on the basis of religion shall be eligible to receive any permit issued under this
Ordinance. A private club does not include permanent or temporary residential occupancy.
Protected Trees
The following shall be considered protected trees and shall be subject to the provisions of this
Ordinance.
(1)
Trees planted or retained in order to meet the requirements of Article 9, Part III; or
(2)
Any heritage tree having a DBH measurement of at least eight inches on townowned property, any public right-ofway, or private property.
Public Easement
As used in this code, means an unoccupied open space adjoining a building and on the same
property, that is permanently maintained accessible to the Fire Department and free of all
encumbrances that might interfere with its use by the Fire Department.
Public Safety and/or Nuisance
Anything which is injurious to the safety or health of an entire community or neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or basin.
Public Trust Waters
All waters of the Atlantic Ocean from the mean high water mark seaward; all natural bodies of
water subject to measurable tides; and all navigable waters.
Page A-33
Appendix A
Q
None
R
Real Property
Includes lands, tenements, and hereditaments.
Recreational Vehicle (RV)
A vehicle, which is:
(1)
Built on a single chassis;
(2)
400 square feet or less when measured at the largest horizontal projection;
(3)
Designed to be self-propelled or permanently towable by a light duty truck; and
(4)
Designed primarily not for use as a permanent dwelling, but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Reference Level
The top of the lowest floor for structures within special flood hazard areas designated as Zone
A1-30, AE, A, A99, or AO. The reference level is the bottom of the lowest horizontal structural
member of the lowest floor for structures within special flood hazard areas designated as Zone VE.
Regulatory Flood Protection Elevation
The Base Flood Elevation plus the Freeboard. In Special Flood Hazard Areas where base flood
elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard.
Remedy a Violation
To bring the structure or other development into compliance with state and community floodplain
management regulations or, if this is not possible, to reduce the impacts of its noncompliance.
Ways that impacts may be reduced include protecting the structure or other affected development
from flood damages, implementing the enforcement provisions of this Ordinance, or otherwise
deterring future similar violations, or reducing federal financial exposure with regard to the
structure or other development.
Remove (Including Removing or Removal)
The cutting down or digging up of any live or dead vegetation; the cutting of any portion of a
protected tree that has the dimensions of a protected tree at the point of the cut; and all other acts
that cause the death or destruction of any protected tree.
Page A-34
Appendix A
Repair
The replacement of existing work with the same kind of material used in the existing work, not
including additional work that would change the structural safety of the building, or that would
affect or change required exit facilities, a vital element of an elevator, plumbing, gas piping, wiring
or heating installations, or that would be a violation of a provision of law or ordinance. The term
repair or repairs shall not apply to any change of construction.
Replacement
Constructing a new support structure of proportions and of equal height or such other height as
would be allowed under the definition of minor modification to a pre-existing support structure in
order to support a telecommunications facility or to accommodate collocation and removing the preexisting support structure.
Replacement Tree
A tree replanted and surviving for at least one year to compensate for the removal of a tree of
greater diameter. Replacement trees shall have a DBH of at least three inches when planted.
Required
Required by some provision of this Ordinance.
Residence
A building or portion thereof designed, arranged, or used for permanent living quarters for one or
more families.
Residence, Single-family
A detached building designed for occupancy by or occupied exclusively by one family.
Residential Child-Care Facility
A staffed premise with paid or volunteer staff where children receive continuing full-time foster
care.
Residential Occupancy
Buildings in which families or other households live or in which sleeping accommodations are
provided. Such buildings include, among others, the following: dwellings, multiple dwellings, and
lodging houses, and all dormitories.
Residential Piers
Piers owned by the contiguous landowner in residential zones or the shore zone which portion of
the shore zone would be an extension of the residential use of the owners lot.
Page A-35
Appendix A
Residential Unit
A building or portion thereof designed, arranged, or used for living quarters for one family.
Restaurant
An establishment whose principal business is the sale, to customers, of foods, frozen desserts, or
beverages, in a ready-to-eat state, and whose design and principal method of operation determines
its classification as follows:
(1)
Standard: In standard restaurants, food and beverages are usually consumed within
the restaurant building and;
(a)
Customers are provided with an individual menu and served by an employee
at the same table or counter at which their food and beverages are
consumed; or
(b)
Customers make their selections of food and beverages from a counter
where ready-to-eat items are displayed, as in cafeteria or buffet service, and
carry their selections to a table for consumption.
(2)
Carry-out: Foods and beverages are usually served in edible containers or in paper,
plastic, or other disposable containers by an employee at a standing counter or
drive-in window, and consumption is normally off the premises but may be allowed
within a motor vehicle parked on the premises or at other facilities on the premises
outside the principal building.
(3)
Fast-food: A fast-food restaurant is the same as carry-out but in addition allows
consumption of food and beverages within the principal building.
Retaining Wall
A wall or similar structural device used at a grade change to hold the soil on the uphill side from
slumping, sliding, or falling.
Rooming House
Any dwelling, or that part of any dwelling containing one or more rooming unit, in which space is
let by the owner or operator to three or more persons who are not members of the family of the
owner or operator.
Rooming Unit/Rental Unit
Any room or group of rooms forming a single habitable unit used or intended to be used for living
and sleeping, but not for cooking or eating purposes.
Root Protection Zone
The land area around the base of a tree in which disturbances are prohibited in order to protect the
roots of the tree and aid in the tree’s survival.
Page A-36
Appendix A
Rubbish
Combustible and non-combustible waste materials except garbage, and the term shall include
ashes, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metals, mineral matter, glass, crockery and dust.
S
Salvage Yard
Any non-residential property used for the storage, collection, and/or recycling of any type of
equipment, and including but not limited to vehicles, appliances, and related machinery.
Service Station
Any building or land used for the dispensing, sale, or offering for sale at retail of any automobile
fuels, lubricants, or tires; however, indoor car-washing, minor mechanical adjustment, and tire
repair are only performed incidental to the conduct of the service station.
Shielding
A design feature or a device that is applied to a
light fixture or to a structure on which a light fixture
is mounted to prevent its light output from being
visible from selected locations or horizontal and/or
vertical angles.
Shopping Center Complex
A building or buildings located on the same site having three or more commercial uses with a
minimum of 16,000 square feet of gross leasable area, planned and constructed as a single project
with appropriate parking and loading facilities located on-site.
Shore Line Development Boundary
The eastern-most boundary for development on oceanfront lots at Wrightsville Beach. The exact
location of the Shore Line Development Boundary is dependent upon a comparison of varying
enforcement factors with the most restrictive applying.
Shrub, Intermediate
Deciduous or evergreen plants installed at a minimum height of 36
inches, a minimum of 5 canes, and a minimum spread of roots or
rootball diameter of 14 inches.
Page A-37
Appendix A
Shrub, Large
Deciduous and/or evergreen plants, as required in the applicable sections, installed at a minimum
height of 5-feet, a minimum of 6 canes, and a minimum spread of roots or rootball diameter of 24inches. Large shrubs shall be maintained at a height of 6 to 10 feet.
Shrub, Small
Deciduous and/or evergreen plants, as required in the applicable sections,
installed at a minimum height of 18-inches, a minimum of five canes, and a
minimum spread of roots or rootball diameter of 10 inches. Small shrubs
shall be maintained at a height of 2 to 4 feet.
Sidewalk
Any portion of a street, between the curb line and the adjacent
property line intended for the use of pedestrians.
Sign
Any words, lettering, numerals, parts of letters or numerals, figures, phrases, sentences, emblems,
devices, designs, trade names, or trade marks by which anything is made known, including any
surface, fabric, or other material or structure designed to carry such devices, such as are used to
designate or attract attention to an individual, a firm, an association, a corporation, a profession,
a business, or a commodity or product, which are exposed to public view, and used to attract
attention.
Sign Alteration
Any change of copy, sign face, color size, shape illumination, position, location, construction, or
supporting structure of any sign.
Sign Area
The surface area of a sign shall be computed as including the entire
area visible from any one point, within a regular geometric form or
combinations of regular geometric forms comprising all of the
display area of the sign including lattice work, wall work, and
individual letters & spaces between letters comprising part of the
sign. Computations of sign area shall include only one side of a
double-faced sign structure. If a sign has two sides joined at an
angle of greater than 60 degrees, the surfaces of both sides of the
sign shall be included in the computation of area.
Page A-38
Appendix A
Sign, Balloon
One or more balloons used as a permanent or temporary sign or as a means of directing attention
to any business or profession, or to a commodity or service sold, offered, or manufactured, or to
any entertainment.
Sign, Business
An advertising device used to disseminate information
concerning a person, place, or thing, pertaining to the use of
the land upon which it is located.
Sign, Cabinet
A sign that contains all the text and/or logo symbols within a single
enclosed cabinet and may or may not be illuminated.
Sign, Combination
A sign incorporating any combination of the features of freestanding,
projecting, and wall signs.
Sign, Fixed
Any lighter-than-air or gas-filled balloon attached by means of a rope or tether to
a definite or fixed location.
Sign, Freestanding
A sign that is attached to, erected on, or supported by some structure (such as a
pole, mast, frame, or other structure) that is not itself an integral part of or
attached to a building or other structure whose principal function is something
other than the support of a sign.
Page A-39
Appendix A
Sign, Illegal
Any of the following:
(1)
A sign erected without first obtaining a permit and complying with all regulations in
effect at the time of its construction or use;
(2)
A sign that was legally erected but whose use has ceased because the business it
identifies is no longer conducted on the premises;
(3)
A sign that is a danger to the public or is unsafe; or
(4)
A sign that pertains to a specific event that has not been removed within seven days
after the occurrence of the event.
Sign, Independent (Billboard)
One advertising device used to disseminate information concerning a person,
place, or thing not pertaining to the use of the land upon which it is located.
Sign, Kiosk
A sign consisting of three to five sides that lists names of businesses
located on a property or in a building.
Sign, Marquee
A sign designed to have changeable copy, either manually or electronically.
Marquee signs may be a principal identification sign, a freestanding sign, or a wall
sign.
Sign, Memorial
A sign, tablet or plaque memorializing a person, event, structure or site.
Sign, Menu
A temporary sign used to inform the public of the list of entrees, dishes,
foods, and entertainment available in a restaurant.
Page A-40
Appendix A
Sign, Mobile
A sign attached to, mounted, pasted, painted, or drawn on any vehicle, whether motorized or
drawn, that is placed, parked, or maintained at one particular location for the express purpose and
intent of promotion or conveying an advertising message.
Sign, Monument
A freestanding sign supported primarily by an integral structural
framework or integrated into landscaping or other solid structural
features other than support poles.
Sign, Moving
Any sign which in part or in total rotates, revolves, or otherwise is in motion.
Sign, Off-Premises
A sign that directs attention to a business, commodity, service, or entertainment not exclusively
related to the premises where such sign is located or to which it is affixed.
Sign, Painted Wall
A sign applied to a building wall with paint and which has no sign structure.
Sign, Permanent
A sign attached to a building, structure, or the ground in some manner that requires a permit from
the Planning and Inspections Department and which is made of materials intended for long term
use.
Sign, Portable
A sign designated or intended to be moved easily that is not permanently embedded in the ground
or affixed to a building or other structure, including any sign that rests upon the ground, a frame,
a building, or other structure. Including but not limited to the following signs: trailer signs (with
or without wheels), menu and sandwich boards, signs mounted for advertising purposes on a
vehicle that is parked and visible from the public right-of-way (except signs identifying the related
business when the vehicle is being used in the normal day-to-day operation of that business),
sidewalk or curb signs, A-frame signs, and signs worn or held by a person.
Sign, Public Information
A sign, usually erected and maintained by a public agency, that provides the public with information
and in no way relates to a commercial activity. Includes, but not limited to, speed limit signs, stop
signs, city limit signs, street name signs, and directional signs.
Page A-41
Appendix A
Sign, Real Estate, Off-site
A readily removable sign announcing the proposed sale or rental of property other than the
property upon which the sign is located and providing directions to the subject property.
Sign, Rotating or Revolving
A sign which in its entirety or in part move in a revolving or similar manner. Such motion does not
include methods of changing copy.
Sign, Searchlight (Beacon)
Search-lights shall be considered signs that are used to announce, direct attention to, or advertise
businesses.
Sign, Snipe
An off-premises sign that is tacked, nailed, posted, pasted, glued or otherwise
attached to trees, poles, stakes, fences, or to other objects.
Sign, Temporary
An attached on-premises sign made of nonrigid material, designed and
displayed for a seasonal or brief activity such as, but not limited to, sales,
specials, promotions, holidays, auctions, business grand openings, and signs advertising the lease
or vacancy or rental units in multi-unit residential developments. Symbols, figures, balloons, and
other similar items shall be considered temporary signs.
Sign, Third-Party
Any sign identifying an enterprise and including a sponsoring advertisement, such as Coca Cola or
7-Up.
Sign, Wind
Any display or series of displays, banners, flags, balloons, or other objects designed and fashioned
in such a manner as to move when subjected to wind pressure.
Signature or Subscription
Includes a mark when the person cannot write.
Site Plan
A document setting forth certain required information which shall include visual locations, accurate
dimensions, and all other requirements necessary to determine the scope, impact, design, and the
like of a project.
Page A-42
Appendix A
Site Specific Development Plan
A plan that has been submitted to the town by an owner, describing with reasonable specificity the
type and intensity of use for a specific parcel or parcels of property. At a minimum, the plan must
include the approximate boundaries of the site; significant topographical and other natural features
affecting development of the site; approximate location on the site of proposed buildings, structures
and other improvements; approximate dimensions, including height, of the proposed buildings and
other structures; and the approximate location of all existing and proposed infrastructure on the
site, including water, sewer, roads and pedestrian walkways. Included within this definition are
plans submitted pursuant to the following specific provisions, and meeting the requirements
specified therein: Preliminary Subdivision Plan as required by Article 155.12; and Conditional Use
Permits as required by Section 155.4.5. Notwithstanding the foregoing, any document that fails
to describe the type and intensity of use for a specified parcel or parcels with sufficient particularity
to allow a determination to be made as to whether the proposed use meets current zoning
standards shall constitute a site specific development plan.
Solid Waste Disposal Facility
As defined in NCGS 130A-290(a)(35), any facility involved in the disposal of solid waste.
Solid Waste Disposal Site
As defined in NCGS 130A-290(a)(36), any place at which solid wastes are disposed of by
incineration, sanitary landfill, or any other method.
Special Flood Hazard Area (SFHA)
The land in the floodplain subject to a 1% or greater chance of being flooded in any given year,
as determined in Article 155.11, Part I.
Specimen Tree
Any heritage tree, such as a live oak or eastern red cedar, which usually has one main stem or
trunk and a DBH measurement of at least 20 inches.
Stable Vegetation
All natural vegetation in all areas of the town to include original vegetation as defined in this
section; the CAMA Local Permit Officer shall determine stability.
Stairway
One or more flights of stairs and the necessary landings and platforms connecting them, to form
a continuous and uninterrupted passage from one story to another in a building or structure.
Page A-43
Appendix A
Start of Construction
Includes substantial improvement, and means the date the building permit was issued, provided
that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or
other improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling, floor,
or other structural part of the building, whether or not that alteration affects the external
dimensions of the building.
State
The State of North Carolina, except as otherwise provided.
Stealth Telecommunications Facility
Any telecommunications facility that is integrated as an architectural feature of a structure so that
the purpose of the facility for providing wireless services is not readily apparent to a casual
observer.
Story
That portion of a building included between the upper surface of any floor and the upper surface
of the floor next above, except that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or roof above.
Street
Includes any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct,
bridge, and the approaches thereto within the town and shall mean the entire width of the right-ofway between abutting property lines.
Street Yard
Area, except for driveways, parallel and contiguous. The public right-of-way
which is measured perpendicular to the public right-of-way. If a lot is
located on the corner of two public rights-of-way, the owner shall designate
one yard as the street yard and one yard as a side yard.
Structure
Anything constructed or erected, the use of which requires more or less permanent location on the
ground, or attached to something having more or less permanent location on the ground.
Page A-44
Appendix A
Subdivision
All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when
any one or more of those divisions is created for the purpose of sale or building development
(whether immediate or future) and shall include all divisions of land involving the dedication of a
new street or a change in existing streets; but the following shall not be included within this
definition nor be subject to the regulations authorized by this definition:
(1)
The combination or recombination of portions of previously subdivided and recorded
lots where the total number of lots is not increased and the resultant lots are equal
to or exceed the standards of the municipality as shown in its subdivision
regulations.
(2)
The division of land into parcels greater than ten acres where no street right-of-way
dedication is involved.
(3)
The public acquisition by purchase of strips of land for the widening or opening of
streets or for public transportation system corridors.
(4)
The division of a tract in single ownership whose entire area is no greater than two
acres into not more than three lots, where no street right-of-way dedication is
involved and where the resultant lots are equal to or exceed the standards of the
municipality, as shown in its subdivision regulations.
Substantial Damage
Damage of any origin sustained by a structure during any one-year period whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50% of the market
value of the structure before the damage occurred. See definition of Substantial Improvement.
Substantial Improvement
Substantial improvement shall include improvements and/or additions to a residential, commercial,
or other building or structure the cost of which exceeds 50% of the assessed tax value of the
structure as listed by the New Hanover County Tax Office or as determined by a certified appraisal.
For purposes of this Ordinance, the term “assessed value” shall mean the value of the structure
before the improvement is started. The cost of the substantial improvement shall be determined
by adding together the cost of all proposed construction.
Supplied
Paid for, furnished, or provided by, or under control of the owner or operator.
Support Structures
A structure designed to support telecommunications facilities including, but not limited to
monopoles, towers utility poles, and other freestanding self-supporting structures.
Page A-45
Appendix A
T
Telecommunications Facility
Any unmanned facility established for the purpose of providing wireless transmission of voice, data,
images or other information including, but not limited to, cellular telephone service, personal
communication service (PCS) and paging service. A telecommunications facility can consist of one
or more antennas and accessory equipment or one base station.
Temporary Housing
Any trailer or other structure used for construction or display purposes.
Tenant or Occupant
Applied to a building or land shall include any person who occupies the whole or a part of such
building or land, whether alone or with others.
Threatened Trees
Those trees that may have a problem in later years if left in their current state and are not cared
for properly. These are trees which exhibit:
(1)
Stunted Growth. Small distorted leaves and twigs.
(2)
Leaf Color. Abnormal leaf color is an indicator of a problem. Fertilization is usually
necessary to correct this problem unless it is a drainage problem.
(3)
Insects and Disease. Leaves, twigs and roots can be affected by insects and
diseases. Diagnosis and treatments should be provided by a tree care professional.
Bark. Peeling bark is an indicator of damage be it either mechanical, fungal or cold
(4)
related.
(5)
Excessive Cut or Fill. Both are equally damaging and should be evaluated
thoroughly. Exposing the root flare to the air or covering the trunk with soil are
both detrimental.
Town
Town of Wrightsville Beach, except as otherwise provided.
Tree Protection Fence
Any fence material at least three feet in height with integrity to survive the period of construction.
Tree Protection Plan
An informal tree protection and mitigation plan submitted to the Department of Planning and Parks
staff to seek approval for removal of protected trees. Tree heights may be estimated on the plan.
Page A-46
Appendix A
Tree, Shade
Single stem deciduous or evergreen tree expected to reach a height in
excess of 30 feet at maturity. Installed shade trees shall be a minimum
of a 12 to 14 foot height and a minimum 2 inch caliper.
Tree, Small
Deciduous or evergreen tree expected to reach a height of not more than
30 feet at maturity. Installed tree shall be a minimum of 8 to 10 in height
with a minimum 1 inch caliper.
U
Uniformity Ratio
The ratio of the average foot-candle calculation to the minimum foot-candle reading for a given
area. This ratio is an indicator of lighting uniformity.
Up-Lighting
Any light including but not limited to pole mounted, wall mounted, or
ground mounted fixtures that project above an imaginary horizontal
plane through the fixture.
Use
The specific activity or function for which land, a building, or a structure is designated, arranged,
intended, occupied, or maintained.
Use, Principal
The primary use and chief purpose of a lot or structure.
Utility/Service Equipment Stands
Elevated decks required to raise electrical and mechanical equipment, including but not limited to
HVAC units, electrical meters, and generators above the regulatory flood protection elevation as
defined in Article 155.11, Part I.
Page A-47
Appendix A
V
Variance
A grant of relief from the requirements of this Ordinance.
Ventilation
The process of supplying and removing air by natural or mechanical means to or from any space.
Vertical Illuminance
Light falling on a vertical surface measured in foot- candles.
Vessel for Hire
A watercraft for hire approved by the US Coast Guard for the carrying of nine or more persons.
Vested Right
The right of an owner of property to undertake and complete the development and use of property
under the terms and conditions of an approved site specific development plan.
Violation
The failure of a structure or other development to be fully compliant with the community’s
floodplain management regulations or other applicable sections of this Ordinance. A structure or
other development without the elevation certificate, other certifications, or other evidence of
compliance required under Article 155.11, Part I of this Ordinance is presumed to be in violation
until such time as that documentation is provided.
W
Washover Areas
Low areas that are adjacent to beaches and are inundated by waves and storm tides. Washovers
may be found in abandoned tidal channels or where dune systems are poorly developed or
breached by storm tides and erosion.
Water Surface Elevation
The height, in relation to mean sea level of floods of various magnitudes and frequencies in the
floodplains of coastal or riverine areas.
Watercourse
A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters
flow at least periodically. Watercourse includes specifically designated areas in which substantial
flood damage may occur.
Page A-48
Appendix A
Watercraft
A boat, houseboat, jet ski, canoe, raft, surfboard, or other apparatus designed for use on water,
including trailers therefor, and motors, engines, or sails designed to propel such craft or apparatus.
Writing or Written
Includes printing and any other mode of representing words and letters.
X
None
Y
Yard
A required open space on the same lot with a principal building. No structure or portion of a
structure shall be permitted in any part of a required yard, either below, at, or above ground level,
except as set forth in Section 155.2.10 or elsewhere in this Ordinance.
Yard, Front
An open unoccupied space on the same lot with a principal building between
the front line of the building and the lot frontage line (as defined herein)
extending across the full width of the lot.
Yard, Rear
A yard extending across the full width of the lot and measured between the
rear line of the lot and the rear line of the main building.
Page A-49
Appendix A
Yard, Side
An open unoccupied space on the same lot with a building between the side
line of the building and the side line of the lot and extending from the front
yard line to the rear line. If there is no front yard, the front boundary of the
side yard shall be the front line of the lot and if there is no rear yard the rear
boundary of the side yard shall be the rear line of the lot.
Z
Zoning Enforcement Official
The government officer who is charged by the UDO Administrator with enforcement of this
Ordinance, where applicable.
Page A-50
Appendix A
APPENDIX B
INSTALLATION DETAIL

town of wrightsville beach unified development ordinance

Transcription

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