Zoning Ordinance-1990

•
CARTERET COUNTY
Z O N I N'G ORDINANCE
Prepared by:
Carteret County Planning Department
Lynn R. Phillips, Director
Linda V. Staab, Planner
Priscilla W. Beveridge, Zoning Officer
Nancy J. Simpson, Administrative Assistant
Adopted: June 15, 1990
Effective: June 18, 1990
The preparation of this document was financed in part through a
grant provided by the North Carolina Coastal Area Management
Program, through funds provided by the Coastal Zone Management
Act of 1972, as amended, which is administered by the Office of
Ocean and Coastal Resource Management, National Oceanic and
Atmospheric Administration.
DCM COPY
PLEASE DO NOT REMOVE

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1000.
Enactment and General Provisions
1
1001.
Enactment Clause
1
1002.
Short Title
1
1003.
Adopting Ordinance - An Ordinance Adopting
a Revision of the Zoning Ordinance
1
1004.
Adopting Ordinance - An Ordinance Adopting
a Zoning Map for Carteret County
3
1005.
Jurisdiction
4
1006.
Interpretation of Zoning Maps
4
1007.
Bona Fide Farms Exempt
4
1008.
Zoning District
4
1009.
Zoning Affects Every Buildiing and Use
6
1010.
Rounding Off Fractions
6
1011.
Tots Divided by Zoning District Boundaries
6
1012.
Reduction of Lot Area Prohibited
6
1013.
Every Lot Must Abut a Street
6
1014.
Interpretation and Application of these
Regulations
7
1015.
Relation of this Ordinance to other Ordinances
7
1016.
Zoning Boundaries over Surface Waters
7
1017.
Zoning District Changes Affecting the Zoning Maps
7
1100.
Rules
of Construction and Definitions
8
1101.
Rules of Construction
8
1102.
Definitions
8
1200.
Administration
24
1201.
Zoning Administration
24
•
1202.
Enforcement Methods
24
1203.
Violation of Ordinance
24
1204.
Zoning Compliance Certificates
25
1205.
Zoning Permits
25
1206.
Application for Zoning Permit
25
1300.
Amendments
27
1301.
Amendment Responsibility
27
1302.
Petition for Amendment
27
1303.
Withdrawal/Suspension of Petitions
27
1304.
Public Hearing
28
1305.
Reconnnendations of Planning Commission
28
1306.
Effect of Denial
28
1400.
Board
of Adjustment
29
1401.
Organization
29
1402.
Rules of Procedure
29
1403.
Duties of the Board of Adjustment
29
1404.
Appeals and Hearings
31
1405.
Actions of the Board
31
1406.
Rehearing
31
1407.
Fees
31
1408.
Appeals from the Board of Adjustment
32
1500.
Nonconforming Uses
33
1501.
Purpose
33
1502.
Nonconforming Vacant Lots
33
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1503. Nonconforming Occupied lets 33
1504. Nonconforming Open Uses of Land 34
1505. Nonconforming Uses of Structures 34
1506. Reconstruction of Damaged Structures 35
1507. Reserved
1508. Changes in Zoning 35
1600. Supplementary Regulations
36
1601.
Screening/Buffering
36
1602.
Development Within Flood Zones
37
1603.
Development Within Coastal Area Management Zone
37
1604.
Structures Permitted Above the Height Limit
37
1605.
Accessory Structures
38
1606.
Public Utility Ccapanies
39
1607.
Reserved
1608.
Minimum Requirements for Mixed Uses
39
1609.
Modification of Setback Requirements
39
1610.
Certain Extensions into Yards Allowed
39
1611.
Reserved
1612.
Side and Rear Yards Next to Railroad
or Waterfront
39
1613.
location of Required Yards on Irregular hots
40
1614.
Special Yard Requirements for Corner lots
40
1615.
Rear Yard Requirements for Through lots
40
1616.
More Than One Principal Building per lot
40
1617.
Construction of Building on Lots Not Abutting a
Street
40
1618.
Not Used
1619.
Fences and Walls in Residential Districts
40
1620.
Reserved
1621.
Driveway Permits
41
1622.
Visibility at Intersections
41
1623.
Not Used
41
1624.
Institutional Uses in Residential Districts
41
1625.
Reserved
1626.
Special Requirements for lots Along Thoroughfares
42
2000. Off -Street Parking and loading Requirements
43
2001.
Off -Street Parking Requirements
43
2002.
Schedule of Off -Street Parking Requirements
43
2003.
Parking Space and Travel Aisle Width Defined
48
2004.
Parking Spaces in Driveways
48
2005.
location of Parking Spaces
48
2006.
Parking Spaces Assigned to One Use
48
2007.
Parking Spaces May Not be Reduced
49
2008.
Additions to Buildings Deficient in Parking
Spaces
49
2009.
Parking Plans Required
49
2010.
Barriers Required
49
2011.
Parking and Storage Areas
49
2012.
Parking Spaces and Tots to be Improved
50
2013.
Handicapped Parking
50
2014.
Off -Street loading Requirements
50
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0100. Design Standards and Regulations of Signs
51
2101.
Definitions
51
2102.
General Requirements
55
2103.
On -Premise, Conmiercial Signs
57
2104.
Off -Premise, Connercial Signs
59
2105.
Signs Permitted in All Districts
60
2106.
Zoning Permits Not Required
61
2107.
Sign Regulations Residential Districts
62
2108.
Sign Regulations in B-1 District
63
2109.
Sign Regulations in B-2 District
64
2110.
Signs Permitted in B-3 and OP Districts
65
2111.
Signs Permitted in MC, LIW and PI Districts
66
2112.
Signs Permitted in IW Districts
67
2113.
Nonconforming Signs
68
2114.
Penalties
69
3000.
Specific Use Regulations
70
3001.
Reserved
3002.
RA Rural Agricultural District
70
3003.
R-35 Single -Family Residential District
71
3004.
R-20 Single -Family Residential District
73
3005.
R-15 Single -Family Residential District
74
3006.
R-15M Single -Family Residential District
76
3007.
R-10 Residential District
77
3008.
C-C! Church Campus District
79
3009.
OP Office and Professional District
80
3010.
B-3 Planned Business District
82
3011.
B-2 Marina Business District
83
3012.
B-1 General Business District
85
3013.
MC Planned Mobile Home and Camp Park District
88
3014.
LTW Light Industrial Wholesale District
89
3015.
P-I Port Industrial District
91
3016.
I W Industrial and Wholesale District
93
3100.
Special Requirements for Certain Uses
97
3101.
Efficiency Unit
97
3102.
Car and Boat Washes
97
3103.
Outdoor Amusement
97
3104.
Cemeteries
97
3105.
Residential Marinas
97
3106.
Country Clubs, Golf Courses, Tennis Clubs and
98
Commmity Recreation Centers
3107.
Group Developments
98
3108.
Reserved
98
3109.
Junkyards
99
3110.
Kennels
99
3111.
Business Residences
99
3112.
Motels, Motor Courts and Hotels
99
3113.
Overnight Camping Trailers
100
3114.
Storage of 200,000 Gallons or Less of Petroleum
100
3115.
Automobile Service Stations
100
3116.
Stables, Private
100
3117.
Conmiercial Marinas
101
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3118.
Drystack Boat Storage
101
3119.
Duplexes and Triplexes
101
3120.
Floating Structures
102
3121.
Hrnneowners Associations
103
3122.
Model Unit Marketing Center
103
3200.
Conditional Districts
104
3201.
Purpose
104
3202.
Application and Review Process
104
3203.
Permitted/Special Uses and Development Requirements
107
3204.
Zoning Map Designation
108
3205.
Reserved
3206.
Flexible Planned Unit Developments
108
3207.
Conditional Use Planned Unit Developments
110
Overlays
3300.
Special Use Permits
122
3301.
Purpose
122
3302.
Structure
122
3303.
Application
122
3304.
Additional Application Requirements
123
3305.
Public Notice
124
3306.
Hearing Procedure
124
3307.
Effect of Approval
125
3308.
Re -application for a Special Use Permit
125
is 3309.
Modification of an Approved Special Use Permit
126
3310.
Revocation or Termination
126
3311.
Conformance of Existing Special Uses
127
3312.
Recognition of Previously Approved Special Use
127
Permits
3313.
Variances
127
3314.
Appeals
128
3315.
Reserved
3316.
Approval Procedures for Group Housing Projects
128
Requiring a Special Use Permit
3317.
Requirements for Mobile Home Parks and Travel
129
Trailer Parks as a Special Use
3318.
Requirements for Marinas as a Special Use
130
3319.
Requirements for Drystack as a Special Use
131
3320.
Requirements for Home Occupations as a Special Use
132
3321.
Special Uses in the Port -Industrial Districts
133
3400. Table
of Permitted and Special Uses
139
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1001. Enactment. An ordinance establishing comprehensive zoning
regulations for certain areas of the County of Carteret,
North Carolina, and providing for the administration,
enforcement, and amerxment thereof, in accordance with the
provisions of North Carolina General Statutes 153A-340
through 153A-348 inclusive, and for the repeal of any
ordinance in conflict herewith.
1002. Purpose. The County Commissioners deem it necessary for the
purpose of promoting the health, safety, morals or general
welfare of the County to enact such an ordinance. To achieve
this end, the County Commissioners have appointed a Planning
Commission to recommend the boundaries of the various
original districts and appropriate regulations to be enforced
therein. As such, the Planning Commission has divided the
County into districts and has prepared regulations pertaining
to such districts in accordance with a comprehensive plan and
designed to lessen congestion throughout the County; to
secure safety from fire, panic and other dangers; to promote
health and the general welfare, to provide adequate light and
air; to prevent overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate
provision of transportation, water, sewerage, schools, parks
and other public requirements. The Planning Commission has
given reasonable consideration, among other things, to the
character of the districts and their peculiar suitability for
particular uses, with a view to conserving the value of
buildings and encouraging the most appropriate use of land
throughout the County, and the Planning Commission has
submitted its final report to the County Commissioners. The
County Commissioners have given due public notice of hearings
relating to zoning districts, regulations and restrictions,
and have held such public hearings, and all requirements of
the General Statutes of North Carolina, with regard to the
preparation of the report of the Planning Ccm ission and
subsequent action of the County Commissioners have been met.
1003. wing Ordinance - An Ordinance Adopting a Revision of the
Zoning Ordinance of Carteret County.
WHEREAS, The Board of Commissioners of Carteret
County, North Carolina, has caused the Carteret county Zoning
Ordinance to be revised and embodied in a text entitled
"Carteret County Zoning Ordinance" dated the 15th day of
June, 1990; and
WHEREAS, it is the intent and desire of the Board of
Commissioners of the County of Carteret to adopt the
"Carteret County Zoning Ordinance" dated the 15th day of
June, 1990 (the "Revised Zoning Ordinance") as the zoning
ordinance effective for all properties in Carteret County,
North Carolina;
NOW, TfEREFORE,.be it ordained by the Board of
Commissioners of the County of Carteret, State of North
Carolina, as follows:
.1 The Revised Zoning Ordinance, dated June 15, 1990, is
hereby ordained as the "Carteret County Zoning Ordinance".
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.2 All of the revisions of the Revised Zoning Ordinance
P n�ng
shall be in force and effect on and after the effective date
of this ordinance.
.3 All zoning ordinances previously adopted by the Board
of Commissioners of Carteret county and in force on the 15th
day of June, 1990, and not contained in the Revised Zoning
Ordinance, are hereby repealed from and after the effective
date of this ordinance, except as hereinafter provided in
Section 4.
.4 The repeal provided in Section 3 of this ordinance
shall not affect any offense or act committed or done or any
penalty of forfeiture incurred or any contract or right
established or accruing before the effective date of this
ordinance, nor shall the repeal provided in Section 3 affect
any prosecution, action, suit or other proceeding pending or
any judgment rendered on or prior to the effective date of
this ordinance.
Furthermore, the repeal provided in Section 3 of this
ordinance shall not affect any right, right -of way or
easement acquired or established in any street, road, highway
or other public place within the County; any ordinance of the
County providing for laying out, opening, altering, widening,
relocating, straightening, acceptance or vacation of any
street, road or highway within the County, an ordinance or
resolution of the Board of Commissioners not in conflict or
inconsistent with the provisions of this Revised Zoning
Ordinance or any previously approved plans or rights granted
by the Board of Commissioners or other agencies of Carteret
County, or permits validly issued and in full force and
effect as of the effective date of this ordinance.
.5 Sufficient copies of the Revised Zoning Ordinance shall
be maintained in the Planning Department of Carteret County
for inspection by the public at all times during regular
office hours. The enactment of this adopting ordinance
coupled with availability of copies of the Revised Zoning
Ordinance for inspection by the public shall be deemed, held
and considered to be due and legal publication for all
provisions of the Revised Zoning Ordinances for all purposes.
The Planning Staff shall make adequate arrangements for all
or any portion of the Revised Zoning Ordinance to be copied
by any person desiring a copy thereof.
.6 Each section.of the Revised Zoning Ordinance is an
independent section or part of a section and the holding of
any section or part thereof to be unconstitutional, void or
ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other section or part
thereof.
.7 The Revised Zoning Ordinance shall take effect at 12:01
a.m. on the 18th of June, 1990.
CARL L. TI1GHMWJCMIRMAN
CARTERET COUNTY BOARD OF COPMIISSIONERS
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r�
1004. Adoptinq Ordinance- An Ordinance Adopting a ZonjM Map For
Carteret County, North Carolina.
WAS, the Board of Commissioners of the County of
Carteret, State of North Carolina, have by ordinance adopted
a revised zoning ordinance entitled "Carteret County Zoning
Ordinance" dated the 15th of June, 1990 (the Revised Zoning
Ordinance"); and
WHEREAS, said Revised Zoning Ordinance is and shall
be effective as of the 18th day of June, 1990; and
WHEREAS, the Board of Commissioners of Carteret
County desire to adopt a new zoning map, affixing zones
described in the Revised Zoning Ordinance to all properties
within Carteret County, North Carolina, which had been
assigned zones prior to the adoption of the Revised Zoning
Ordinance; and
WHEREAS, it is the intent of the Board of
Commissioners of Carteret County to assign zones described in
the Revised Zoning Ordinance to all previously zoned
properties within Carteret County so as the uses which were
allowed under the prior zoning ordinance of Carteret County
correlate as closely as possible to the uses allowed under
the Revised Zoning Ordinance;
NOW, THEREFORE, be it ordained by the Board of
• Commissioners of the County of Carteret, State of North
Carolina as follows:
.1 The zoning map of Carteret County presented to the Board
of Commissioners of Carteret County this date, which zoning
map is entitled - "Carteret County Zoning Map, dated June 15,
1990" is hereby designated the "Official Zoning Map of
Carteret County", and is hereby adopted by the Board of
Commissioners as the official zoning map of Carteret County.
.2 All properties designated "PUDs" prior to the adoption
of the Revised Zoning Ordinance shall be entitled to retain
the "PUD" zoning designation as an overlay upon the zone
denoted on the Carteret County Zoning Map adopted hereby,
notwithstanding any procedural or approval prerequisites
required in the Revised Zoning Ordinance, by submitting to
the Planning Department of Carteret County a master plan for
the property so designated within twelve (12) months of the
effective date of the adoption of the Carteret County Zoning
Map. The submission of such a master plan, and the
acceptance thereof by Carteret County, shall not be deemed a
waiver of any required subdivision, group housing or other
specific requirement contained within any ordinance of
Carteret County, but rather the submission of such plan shall
only be effective as a waiver of the requirement for approval
of a master plan. To the extent that the master plan as
submitted fails to meet any substantive requirements of
• density or otherwise of the Revised Zoning Ordinance, the
submission of said plan shall grant no rights to construct or
subdivide in accordance with said plan, except to the extent
that valid permits for construction are or have been issued
prior to the effective date of the Revised Zoning Ordinance.
.3 Any property designated a "Flexible PUD" prior to the
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adoption of the Revised Zoning Ordinance shall retain all
master plan approvals given prior to the date of adoption of
the Revised Zoning Ordinance, and all procedural
prerequisites to the designation of a property as a "Flexible
PUD" as set out in the Revised Zoning Ordinance shall be
waived as to such predesignated "Flexible PUDs".
This Zoning Map of Carteret County shall be effective as of
12:01 a.m. on the 18th day of June, 1990.
CARL L. TIIG *IAN
CAMERET COUNTY BOARD OF COMMISSIONERS
1005. Jurisdiction. These regulations govern the development and
use of land and structures in all zoned areas of the
unincorporated areas of Carteret county outside the zoning
jurisdiction of any other governmental unit. These
regulations do not apply to bona fide farms, except that
non -farms may be regulated as per Section 1007.
1006. Interpretation of Zoning Maps. Where uncertainty exists with
respect to the boundaries of the various districts shown on
the maps cited in Section 1004, the following rules will be
used to interpret the maps: •
1006.1 In cases where a boundary line is located within a street or
alley right -of --way, railroad or utility right-of-way or
easement, canal, navigable or unnavigable water body, it will
be considered to be in the center of the street or alley
right-of-way, railroad or utility easement, canal or water
body. If the actual location of such right-of-way, easement,
canal or water body varies slightly from the location as
shown on the map, then the actual location will control.
1006.2 Where a district boundary is shown to approximately coincide
with a property line or city limit line, the property line or
city limit line will be considered to be the district
boundary, unless otherwise indicated.
1006.3 In cases where a district boundary does not coincide or
approximately coincide with any street or alley, railroad,
water body or canal, or property line, and no dimensions are
shown, the location of the boundary will be determined by the
use of the scale appearing on the map.
1007. Bona Fide Farms Exempt. This ordinance shall in no way
regulate, restrict, prohibit or otherwise deter any bona fide
farm and its related uses. Non -farm uses on a farm shall be
subject to this ordinance. •
1008. Zoning Districts. For the purposes of this ordinance, a
portion of the unincorporated territory of Carteret County as
set forth in the accompanying zoning maps, is divided into
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•
the following districts. The hierarchy of zoning districts
established by this ordinance is classified from highest to
lowest in the order listed below:
a)
RA (Rural Agricultural District): This district
encompasses those lands which are primarily suited for
agriculture, agriculturally related uses, low density
residential or woodlands.
b)
R-35 (Residential District, 35,000 square foot minimum
lot size): This district is suited for law density
single-family residential dwellings in environmentally
sensitive areas. The minimum lot size is 35,000 square
feet.
c)
R-20 (Residential District, 20,000 square foot minimum
lot size): A single-family residential district
established to maintain a density of approximately two
units per acre with a 20,000 square foot minimum lot
size.
d)
R-15 (Residential District, 15,000 square foot minimum
lot size): A residential district requiring a minimum
of 15,000 square feet per lot if public water or sewer
is available and a minimum of 20,000 square feet if no
public services are available.
e)
R-15M (Residential District, 15,000 square foot minimum
•
lot size): A residential district requiring a minimum
of 15,000 square feet per lot if public water or sewer
is available and a minimum of 20,000 square feet if no
public services are available. This district allows
manufactured home or residential structures built as per
Volume 1B of the North Carolina Building Code.
f)
R-10 (Residential District, 10,000 square foot minimum "
lot size): A residential district allowing a minimum of
10,000 square feet if both public water and sewer
facilities are available or 15,000 square feet if either
public water or sewer is available, and 20,000 square
feet if neither service is available.
g)
C-C (Church Campus District): A religious education and
recreation use district intended to facilitate the
orderly growth of church -related uses.
h)
OP (Office and Professional District): A district
established to provide controlled office, institutional
and professional development complexes.
i)
B-3 (Planned Business District): A business district
established to provide controlled shopping center
development.
j)
B-2 (Marine Business District): A business district
established for marine -related businesses.
k)
B-1 (General Business District): A business district
established for retailing of merchandise and for
•
conducting professional and business services.
1)
MC (Planned Mobile Home and Camp Park District): A
district allowing for the development of manufactured
home parks and travel trailer parks.
m)
LIW (Light Industrial Wholesale District): A district
5
6/15/90

E
suited for the location of offices, warehouses, and
other light industries on tracts of land where the
operations involved do not detract from the
development potential of nearby properties.
n) P-I (Fort -Industrial District): An industrial district
developed exclusively for port -related manufacturing and
storage activities.
o) I W (Industrial and Wholesale District): A district
suited for the location of manufacturing and other
related uses which would be incompatible with business
and residential areas.
1009. Zoning Affects Every Building and Use. No building,
structure or land may be used or occupied, and no building,
structure or part thereof may be erected, constructed,
reconstructed, moved, enlarged, or structurally altered
unless in conformity with all the regulations of this
ordinance for the district in which it is located, except'as
otherwise provided by this ordinance. However, the
regulations in this ordinance do not apply to bona fide farms
as defined in Section 1100.
1010. Rounding Off Fractions. When any requirement of this
ordinance results in a fraction of a unit, a fraction of •
one-half or more will be rounded off and considered a whole
unit. Fractions of less than one-half will be rounded off to
the nearest lower number of units. For example, when the
determination of the number of dwelling units permitted on a
lot results in a fraction of a dwelling unit, a fraction of
one-half or more will be considered a dwelling unit and a
fraction of less than one-half will be disregarded.
1011. Lots Divided by Zoning District Boundaries. In the event
that a district boundary line on the zoning map divides a lot
or tract of single ownership, each part of the lot may only
be used in conformity with the regulations established by
this ordinance for the district in which each part is
located. Should such division prove to be an impractical
application and an unreasonable hardship, the lesser portion
of the lot or tract will be regulated the same as the greater
portion of the lot or tract; or in the case of an equally
divided lot or tract, the more restrictive zoning designation
applies.
1012. Reduction of Lot Area Prohibited. No lot existing at the
time of adoption of this ordinance may be reduced in its
dimensions or area below the minimum requirements of this
ordinance for the district in which it is located unless
specifically authorized by other provisions of this •
ordinance.
1013. Every Lot Must Abut a Street. No building, structure or use
of land for any purpose except agriculture may be placed on a
lot which does not abut a street. The following sections
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•
list exceptions to this rule.
1013.1 A single-family detached dwelling may be constructed on a lot
that does not abut a street, provided that the lot meets the
terms of the Carteret County Subdivision Regulations or is a
lot of record.
1013.2 Any structure approved under the Group Housing Ordinance is
exempt from this Section.
1014. Interpretation and Application of these Regulations. In the
interpretation and application of this ordinance, the
provisions of the ordinance will be construed to be the
minimum requirements adopted to promote the public health,
safety, comfort, convenience and general welfare.
1015. Relation of this Ordinance to Other Ordinances. It is not
intended that this ordinance will in any way repeal, annul or
interfere with the existing provisions of any law or
ordinance except the zoning ordinance which this ordinance
replaces. In addition it is not intended that this ordinance
will in any way repeal, annul or interfere with any rules,
regulations or zoning permits which were legally adopted or
issued under previous ordinances for the use or development
• of land or structures.
1016. Zoning Boundaries over Surface Waters. Since NOGS 153A-340,
as amended, permits a county to regulate development over
estuarine waters and over lands covered by navigable waters
owned by the State pursuant to G.S. 146-12, within the bounds
of that County, the zoning boundaries for waterfront parcels
shall be extended linearly 400 feet waterward of the mean
high water mark. This water surface zoning shall not
unreasonably infringe on the right to navigation protected by
the federal government or on other rights, such as
shellfishing rights, allowed by State government.
1017. Zoning District Changes Affecting the ZonjM Maps. Upon the
effective date of this ordinance, the R-50 (Single -Family
Residential District) zone shall be changed in name to RA
(Rural Agricultural), and the C-I (Planned Mobile Home and
Carp Park District) zone shall be changed in name to MC
(Planned Mobile Home and Camp Park District). These changes
do not constitute a change in the dimensional requirements or
uses permitted within these districts.
is
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1100. R= OF CONSTRUCTION AND DEFINITIONS
1101. Rules of Construction.
This ordinance has been written so that the average
citizen may use and understand its provisions. Efforts •
have been made to avoid the overuse of technical language
where the meaning could be conveyed in another form. For
the purposes of this ordinance, the following rules of
construction and interpretation apply.
1101.1 Words used in the present tense include future tense.
1101.2 Words used in the singular number include the plural number
and the plural number includes the single number unless
the context of the particular usage clearly indicates
otherwise.
1101.3 The words "shall", "must", and "will" are mandatory in
nature, implying an obligation or duty to comply with the
particular provision.
1101.4 The word "may" is permissive.
1102. Definitions.
For the purpose of this ordinance, the following words and
terms have the meanings specified in the following
sections.
Terms not herein defined shall have the meanings
customarily assigned to them.
Abutting. Sharing a common boundary line or separated by
a publicly or privately dedicated road or right-of-way.
Accessory Building or Structure. A detached subordinate
building or structure, the use of which is incidental and
secondary to that of the principal building or use on the
same lot or tract of land as the principal building or
use. Under no circumstances shall an accessory building
or structure be used for residential occupancy.
Accessory Use. A subordinate use, clearly incidental and
related to the principal structure, building or use of
land, and located on the same lot as that of the principal
structure, building or use.
Adjacent. Nearby, but not abutting.
Adult Uses. An establishment which has a majority of its
business which excludes minors by reason of age because of
the sexually explicit nature of the material. Such
establishments include, but are not limited to, adult
bookstores, adult theatres (drive-in, picture and
mini -picture), massage parlors, adult cabaret, etc.
•
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0-
Animal Hospital/Veterinary Clinic. A place or facility
which provides dental, medical or surgical care for dogs,
cats and other domesticated animals. Kennels are not
included within this definition.
Apartment. A room, or suite of two or more rooms, which
is designed or intended for occupancy by, or which is
occupied by, one family.
Aauaculture. The use of land for those activities which
constitute the raising of seafood for conmiercial purposes.
Avocational Farming. The use of land for those activities
which constitute general farming on less than five acres
or which have sales less than $3,000.00 for the preceding
three years or which have less than ten acres of forest
land for which a management plan has been prepared.
Avocational farming includes the use of the land for the
raising and keeping of animals, reptiles, etc., or the
propogation of ornamental plants, fruits and vegetables in
a manner which does not constitute specialized animal
husbandry or specialized horticulture. Avocational
farming does not include home gardening or the keeping of
pets, both of which are allowed in any zone. Home
• gardening and the keeping of pets are customarily
accessory uses to the primary use of the land.
Auditorium. A place of assembly to watch and/or listen to
athletic events, musical performances, dramatic or dance
performances, speeches and/or ceremonies. The term is
intended to include such uses as stadiums, coliseums,
athletic centers, theatres and arenas.
Bed and Breakfast. See Boarding House.
Billboard. An outdoor advertising device, sign or display
used to advertise information concerning a person, place
or thing which is located off -site at another location.
Boarding House. A building other than a hotel where, for
compensation, meals, or lodging and meals, are provided
for five or more guests, but not exceeding nine guests.
Bed and breakfasts shall be included in this definition.
Boat. A self-propelled registered or dommiented vessel or
watercraft specifically designed to be self-propelled by
engine, sail, oar, paddle or other means which is used to
travel from place to place by water.
• Bona Fide Farm. Any tract of land containing at least
three acres which is used for dairying or the raising of
agricultural products, forest products, livestock
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•
(domestic) or poultry, and may include facilities for the
sale of such products on the premises where produced,
provided that a farm shall not be construed to include
commercial poultry and swine production, cattle feed lots
and production of fur -bearing animals.
Buffer. A screening device used to moderate the adverse
impacts of one land use upon another. Buffers may include
walls, hedges, landscaped areas, berms, additional
setbacks, or combinations of the above. See Section 1601.
Building. A structure having a roof, supported by columns
or walls, for the shelter, housing or enclosure of
persons, animals or goods as per NC Building Code.
Building Height. The vertical distance measured from the
average elevation of the finished lot grade at the front
building line to the highest point of the roof beams
adjacent to the front of the wall in the case of a flat
roof, to the average height of the gables in the case of a
pitched roof, and to the deck line in the case of a
mansard roof, chimneys, roof top heating units, and the
like shall not be considered when calculating building
height.
Building Line. A line formed by the surface of the ground
and the closing wall of a building or portion thereof.
Where eaves, carports, terraces, patios, enclosed courts,
balconies, decks or other projections or appurtances are
portions of a building and extend beyond the enclosing
walls of the building, the building lines shall be the
outer face of such projections.
Built Upon Area. That portion of an individual
development project that is covered by impervious or
partially impervious cover including buildings, pavement,
recreation facilities, etc., but not including decking as
defined in 15 NCAC 2H .1000 (Stormwater Runoff Disposal).
Business Residence. One structure consisting of both a
residence and business activity. The residence must be
physically attached to the business.
Camp, Seasonal. A facility intended as a
recreational/learning center for use by girl and boy scout
groups or others where activities may include riding,
swimming, tennis, hiking, crafts or the like. Camp
facilities may provide sleeping and eating quarters or may
be intended for day use only. Also called "Sumner Camp".
Coastal Area Manactement Act (CAMA). A state law as
defined in G.S. 113A-100 which claims jurisdiction
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•
adjacent to coastal waters and other areas of
environmental concern. LAMA permits are required for any
land -disturbing activities which take place within a
prescribed distance from the mean high water mark.
Caretaker. A resident occupant on a business, industrial
or mobile home park site who is intended to oversee the
ongoing operations of said facility and remain on site
continuously for security reasons.
Church. A structure in which persons regularly assemble
for religious worship and which is maintained and
controlled by a religious body organized to sustain public
worship.
Club or Lodge. Private. An establishment operated by a
corporation or association of persons for social,
recreational, fraternal or charitable purposes, but which
is not operated for profit or to render a service which is
customarily conducted as a business.
Commercial Feeder Operation. An intensive animal raising
operation that takes place within a building (e.g. chicken
• hatchery and swine production).
Community Center or Civic Center. A new or existing
facility that is owned or operated by a non-profit group
from the community for non-commercial activity.
Conditional Use. A use, allowed pursuant to Section 3200,
which, awing to some special characteristics attendant to
its operation or installation, is permitted in a district
subject to approval by the Carteret County Board of
Commissioners, and subject to special requirements
different from those usual requirements for the district
in which the conditional use may be located.
Condominium. Real estate, portions of which are
designated for separate ownership and the remainder of
which is designated for common ownership solely by the
owners of those portions. Real estate is not a
condominium unless the undivided interest in the common
elements is vested in the unit owners.
Condominium Unit. A physical portion of the condominium
designated for separate ownership or occupancy, the
boundaries of which are described pursuant to G.S.
47C-2-105 (a) (5).
• Day Care Center. An agency, organization or individual
providing preschool instruction or daytime care to adults
and/or children not related by blood or marriage, or,not
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the legal wards or foster children of, the attendant adult
at any place other than an occupied dwelling in which the
occupant provides day care or any place which provides
care for more than 15 children/adults.
Day Care Center, Family. An occupied dwelling in which
the occupant provides preschool instruction or daytime
care to 6 to 15 children and/or adults not related by
blood or marriage, or not the legal wards or foster
children of, the attendant adult.
Dedication. A transfer of, or restriction of an interest
in land, by the owner for a specified purpose or purposes.
Because a transfer of property is entailed, dedication
must be made by written instrument or by operation of law
and is completed with an acceptance.
Double Frontage Lot. A lot, other than a corner lot,
having frontage on more than one street.
Drive -In Service Window. A customer service facility
designed for the convenience of the motoring public as an
accessory part of an office or retail establishment which
is intended to enable the customer to transact business
with a salesperson located within the principal structure
without exiting the motor vehicle. It is presumed that
the motor vehicle exits the premises immediately upon
completion of the business transaction.
Drystack Boat Storage. A dry dock boat storage facility
associated with commercial marinas.
Duplex. A building designed, constructed or reconstructed
for use as two dwelling units that are connected by a
common structural or load -bearing wall. Also known as
dwelling, two-family.
Dwelling, Single -Family. A building, or portion thereof,
designed and constructed for use as one dwelling unit
built according to the provisions of the NC Residential
Building Code (Volume 1B). A single-family dwelling may
contain an efficiency unit as defined in this Section.
.1 Detached. A single-family dwelling which is
unattached from another single-family dwelling.
.2 Attached. A one -family dwelling that is connected on
at least one side by means of a common dividing structural
or load -bearing wall to one or more other one -family
dwellings.
•
•
•
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:7
Dwelling, Multi -Family. A building designed, constructed
or reconstructed, and used for more than three dwelling
units.
Dwelling Unit. A imam or group of roams, including mobile
homes and modular units, forming a single independent
habitable unit with facilities used or intended to be used
for living, sleeping, cooking and eating by one family;
for owner occupancy or for rental, lease or other
occupancy on a weekly or longer basis, and containing
independent cooking, sanitary and sleeping facilities.
Units otherwise meeting this definition but occupied by
transients on a rental or lease basis for periods of less
than one week shall be construed to be lodging units..
Easement. A grant of rights by a property owner to
another entity to make limited use of a portion of real
property for a specified purpose.
Efficiency Unit. An additional dwelling unit within a
single-family dwelling that shall be allowed in all
residential zones if the following criteria are met:
• 1. The efficiency unit contains no more than 25% of the
gross heated and/or cooled floor area of the total
dwelling;
2. The lot meets the minimum lot size requirements of the
zoning district in which it is located.
See Section 3101.
Family. An individual, or two or more persons related by
blood, marriage or adoption living together as a single
housekeeping unit; or a group of not more than six
persons, who need not be related by blood, marriage or
adoption, living together as a single housekeeping unit.
Family Care Home. A home with support and supervisory
personnel that provides room and board, personal care and
habilitation services in a family environment for not more
than six resident handicapped persons. (Handicapped
person means a person with a temporary or permanent
physical, emotional or mental disability, including but
not limited to, mental retardation, cerebral palsy,
epilepsy, autism, hearing and sight impairments, emotional
disturbances and orthopedic impairments, but not including
mentally ill persons who are dangerous to others.)
• Fishing Ranch. A pond or lake, or series thereof, used
for the extraction of fish for recreational purposes and
opened to the general public on a commercial basis, not to
include hatchery facilities or operations.
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•
Floating Structure (Floating Home). Any structure, not a
boat, supported by a means of flotation, designed to be
used without a permanent foundation, which is used or
intended for human habitation or commerce. A structure
will be considered a floating structure when it is
inhabited or used for vial purposed for more than
thirty days in any one location. A boat may be deemed a
floating structure when its meand of propulsion has been
removed or rendered inoperative and it contains at least
200 square feet of living space area. (15 NCAC .07M.0600)
Floor Area, Gross. The sum of the horizontal areas of the
several floors of the building, or portion thereof,
devoted to such use.
Floor Area, Net. Net floor area shall equal gross floor
area minus floor area devoted primarily to storage
purposes.
Golf Course. A tract of land designed and laid out for
the game of golf, involving accessory uses and buildings.
Group Home. A residential home provided by an agency,
organization or individual for persons who need sheltered
living conditions for rehabilitation or extended care is
purposes.
Group Care Facility. A facility licensed by the
appropriate state agency as a group care facility for from
seven to fifteen unrelated individuals, excluding
supervisory personnel, who are handicapped, aged or
disabled and are undergoing rehabilitation, or extended
care, and are provided services to meet their specific
needs. This category includes group homes for all ages,
half -way houses, foster and boarding homes.
Group Development. One or more principal structures built
on a single lot, tract or parcel of land and designed for
occupancy by more than one separate family, firm, business
or other enterprise.
Health Services. Establishments of licensed
practitioners, or licensed persons independently
practicing a profession, primarily engaged in rendering
medical, surgical and other health -related and allied
personal care services in the health field (e.g.,
physicians, physical therapists).
Home for the Aged. An agency, organization, or individual
providing care for three or more sick or aged persons not •
related by blood or marriage to the operator.
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Home occupation. An occupation, service, profession or
enterprise carried on by resident members of a family and
not more than two nonresident employees. An accessory use
of residential property which is clearly incidental and
subordinate to the principal residential use of the
property -
Home Occupation, Traditional. Traditional and/or historic
home occupations unique to given areas including, but not
limited to, small craft wooden boat builders, fishermen,
wood carving, artisan, food canning and the like which are
conducted on -site and may be conducted in an accessory
structure.
Horticulture, Specialized. The use of land for the
propogation of ornamental plants and other nursery
products such*as bulbs, florist greens, flowers,
shrubbery, flower and vegetable seeds, plants and sod and
fruits and vegetables grown primarily under cover (e.g.,
greenhouses).
Hotel Motel, Motor Lodge, Motor Inn, Inn, Tourist Court.
A building or group of attached or detached buildings
containing, in combination, ten or more lodging units or
• ten or more dwelling units intended primarily for rental
or lease to transients by the day or week, as
distinguished from multi -family dwellings, rooming houses
and residential hotels in which rentals and leases are for
weekly or longer periods and occupants are generally
residents rather than transients.
Hotel, Residential. A building or group of attached or
detached buildings containing, in combination, ten or more
lodging units available for occupancy only for periods of
thirty days or longer, provided, however, that temporary
lodging units for guests of regular tenants may be
provided in any residential hotel, with the number of such
units limited to ten percent of the number of tenant
lodging units.
Junk Yard. An establishment operated or maintained for
the purpose of storing, dismantling, salvaging, recycling,
buying or selling scrap or used materials such as paper,
metals, rubber, rags, glass, wrecked, used or dismantled
products and articles such as machinery, vehicles,
appliances and the like.
Junked or Wrecked Motor Vehicles. Motor vehicles which do
not display a current license plate or a current
• registration sticker and which do not display a current
inspection sticker issued by or in the same state as the
license plate or registration sticker and which either:
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.1 are partially dismantled or wrecked; or
.2 cannot be self-propelled or moved in the manner in
which originally intended.
Kennel. A place or facility prepared to house, board (for
a long or short time period), breed, handle, train or
otherwise keep or care for dogs and cats belonging to the
owner or occupant of the property, customers, patrons or
others, including lost or strayed animals, for
compensation or as a humanitarian gesture. Facilities
which provide dental, medical or surgical care are exempt
from this definition, as well as facilities which breed
animals exclusively for the purpose of hunting, showing or
bettering blood lines for AKC registration.
Landfill. A site within which is deposited solid waste
material, including trash, construction debris, stumps,
branches and limbs, garbage and industrial waste.
Lodging Unit. A room or rooms connected together,
constituting a separate lodging for one family only,
physically separated from any other rooms or dwelling or
lodging units. Where two or more rooms are connected by a
doorway or doorways, and arranged, equipped and furnished •
in such a manner that they might reasonably be rented,
leased or occupied, either individually or in combination,
each room shall be construed as a lodging unit. (e.g.,
hotel and motel rooms).
Lot. A portion of a subdivision, or any other parcel of
land intended as a unit for transfer of ownership or for
development or both. In determining the area and
dimensions of the lot, no part of the right-of-way of a
road may be included.
Lot Area. The total horizontal area within the lot lines
of a lot exclusive of street or highway rights -of -way
and/or property below the mean high water mark.
Lot, Corner. A lot which occupies the interior angle at
the intersection of two street lines which make an angle
of less than 135 degrees with each other.
Lot Line, Front. In the case of an interior lot, the lot
line separating said lot from the street; in the case of a
corner lot or through lot, the lot line separating said
lot from that street which is designated as the front
street in the request for a Building Permit.
Lot Line, Rear. The lot line opposite and most distant •
from the front lot line; in the case of irregularly
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E
shaped lots, such lot line shall be an imaginary line
parallel to the front line but not less than ten feet
along and measured within said lot.
Lot Line, Side. Any lot line which is not a front lot
line or a rear lot line; a lot line separating a lot from
a side street is an exterior side lot line, while a lot
line separating a lot from another lot or lots,0 is an
interior side lot line.
Lot, NonconformiM. A lot of record existing at the time
regulations were passed requiring greater minimum width or
area than provided on such lot, or establishing other
limitations which such lot does not meet. Such lots may
be considered substandard lots of record.
Lot, Non -Legal for Zoning Purposes. A lot which does not
meet the requirements of a nonconforming lot and is
substandard. No such lot shall be used or occupied until
it is made to conform to the requirements of this
ordinance and other applicable regulations (e.g., a lot
which is illegally subdivided and does not meet the
minimum lot size requirement for the district in which it
• is located).
Lot of Record. A lot which is part of a subdivision, a
plat of which has been recorded in the office of the
Register of Deeds of Carteret County prior to the adoption
of this ordinance, or a lot described by metes and bounds,
the description of which has been recorded prior to the
adoption of this ordinance.
Lot Width. The distance between the side lot lines,
measured along the front setback line as established by
this ordinance.
Mail -Order House. Establishment primarily engaged in the
retail sale of products by catalog and mail-order, and
including catalog and order -taking offices.
Manufactured Home. See Mobile Home.
Marina, Commercial. Any dock or basin and associated
structures providing permanent or temporary commercial
harboring of ten or more commercial and/or pleasure boats
and providing services related to the facility including,
but not limited to, fuel sales, retail and food sales,
drystack boat storage, and other related services. Pump -
out facilities are required at commercial marinas. See
Section 3117.
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Marina. Residential. A private, non-profit boating
facility including permanent or temporary docks, piers
and/or launching ramp planned for the harboring or storing
of ten or more boats on property having water frontage,
the use of which is intended to serve primarily the
residents within an approved subdivision or planned unit
development. The facility is intended to serve units that
have a legal interest in the subdivision. No commercial
activities of any kind shall be allowed within the
confines of the facility. This shall include, but is not
limited to, drystack boat storage, fuel sales, slip
rentals and the like. Pump -out facilities shall be
required. See Section 3105.
Mobile Home. A structure over 32 feet in length and over
8 feet wide which is transportable in one or more
sections, built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation
when connected to the required utilities. The term
"mobile home" does not include a "recreational vehicle".
Also known as manufactured home.
•
Mobile Home Park. A parcel of land, more than three
acres, under single ownership which has been planned and
improved for the placement of two or more mobile homes for •
dwelling purposes. This definition shall not include
mobile home sales lots on which unoccupied mobile homes
are parked for the purpose of inspection and sale.
Mobile Home Space/Lot. A parcel of land occupied or
intended to be occupied by one and only one mobile home
for the exclusive use of the occupants of said mobile
home. Mobile home space shall also mean a parcel of land
in a mobile home park provided with the necessary utility
connections, patio, and other appurtenances necessary for
the erection thereon of only one (1) mobile home, and for
the exclusive use of the occupants of said mobile home.
Mobile Home Stand. That part of an individual mobile home
space which has been reserved for the placement of the
mobile home and additions or attachments thereto.
Model Unit Marketing Center. A model unit marketing
center shall be defined as a model unit, including model
homes, mobile homes and group housing units, located
within a particular development project only for the
marketing and sales of said approved development project.
See Section 3122.
Motor vehicle Repair Garage. An establishment where the
following services are available: major mechanical
repairs, including engine overhaul and transmission work.
•
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•
Repair garages can also offer services similar to service
stations.
Motor Vehicles Service Station. An establishment where
gasoline, diesel oil and/or other fuel for internal
combustion engines is supplied and dispersed at retail. A
service station is not a repair garage nor a body shop.
Uses permissable at a service station do not include major
mechanical and body work, straightening of body parts,
painting, welding, storage of automobiles or trucks not in
operating condition or other operations involving noise,
glare, smoke, fumes or other characteristics to an extent
greater than normally found in service stations.
Nonconforming Building or Structure. An existing building
or structure which does not comply with this ordinance
either at the effective date of this ordinance or as as
result of subsequent amendments which may be incorporated
in this ordinance.
Nonconforming Use. The use of a building, structure or
lot for a purpose that does not conform to the use
regulations of this ordinance for the district in which it
ISis located, either at the effective date of this ordinance
or as a result of subsequent amendments which may be
incorporated in this ordinance.
Non -Profit Educational Cooperative. An organization
operated on a non-profit basis whose purpose is to
acquire, produce and distribute instructional materials
for the benefit of its member institutions. Membership
consists primarily of fully accredited schools of health,
education, social, legal environmental and/or engineering
sciences in institutions of higher learning. on -site
faculty development workshops and fellowship training
programs may also be provided as part of the
organization's purpose.
Nursing/Convalescent Home. A facility, licensed by the
appropriate state agency for the care of aged or infirmed
individuals, that meets the requirements set forth in this
ordinance.
Package Treatment Plant. Privately or publicly owned and
operated sewage treatment facility. These plants are
prefabricated by the manufacturer and delivered as
completed units to the clients.
Parking Deck, Automobile. A special structure of two or
• more levels designed to be used for the temporary storage
of motor vehicles. A parking deck shall be constructed
according to the required building and fire codes.
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Parking Space. A parking space is defined as an
off-street space available for the parking of motor
vehicles. A standard parking space must have minimum
dimensions of 10 feet in width and 20 feet in length with
a total minimum area of 200 square feet. This area does
not include any passageways and driveways used for access
to the space or spaces. Where there are lots designed to
accommodate more than ten vehicles, up to 25 percent of
the spaces may have minimum dimensions of 7.5 feet in
width and 16 feet in length. The smaller spaces, if
provided, shall be designated for use only by compact
cars.
Principal Building or Structure. A building or structure
containing the principal use of the lot.
Principal Use. The primary use and chief purpose for
which a lot is used.
Public or Community Sewer System. A single system of
sewage collection, treatment and disposal owned and
operated by a sanitary district, a metropolitan sewage
district, a water and sewer authority, a homeowners'
association, a county or municipality or a public utility.
Public Water Supply System. An approved water system
serving fifteen or more connections or serving a minimum
of twenty-five people daily at least 60 days out of the
year, including county, municipal and private water
systems.
Recreation Use, Non -Profit. An indoor or outdoor
recreation use owned by a not -for -profit corporation,
according to the laws of North Carolina.
Recreation Use, Profit. An indoor or outdoor recreation
use owned by an entity other than a not -for -profit
corporation.
Restaurant. An establishment designed in whole or in part
to cater to or accommodate the consumption of food and/or
beverage and:
.1 Customers, normally provided with an individual menu,
are served their foods and/or beverages, including
alcohol, by a restaurant employee at the same table or
counter at which said items are consumed.
.2 A cafeteria style setting is provided where food,
and/or beverages are consumed within the restaurant
structure.
•
•
•
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•
Restaurant, with Drive -In Service. An establishment
designed, in whole or in part, to cater to or accommodate
the consumption of food and/or beverages in automobiles on
or off the premises of such establishment.
Setback. Yard space, other than a court, unoccupied and
unobstructed by any structure or portion of a structure.
Fences and walls may be permitted in any setback subject
to height limitations established generally for the
district and, further, provided that poles, posts and
other customary accessories, ornaments, furniture and
landscaping shall be permitted in any setback if they do
not constitute substantial impediments to free flow of
light and air across the setback or violate provisions of
these or other regulations regarding visibility. Also
known as building line. In cases where the minimum front
setback line bisects the lot at a point where the minimum
lot width is substandard as set forth in the dimensional
requirements of the district, the front setback will be
determined at the point where the lot width equals the
minimum lot width.
Sign. Any device designed to inform or attract attention
of persons not on the premises on which the device is
• located. See Section 2100.
Sound Barrier. A sound barrier consists of a wall of
brick, concrete, concrete block, glass, full louvered or
sold wooden fencing manufactured of suitable salt -treated
lumber not less than eight feet high and no more than ten
feet from a building where outside noises occur (such as
animal, human, machinery, engines under operation or
testing, etc.) The sound barrier shall encircle the noise
area on all sides with a combination of building, wall, or
fence which meets the eight foot height requirement.
Special Use. A use which would not be appropriate
generally throughout the zoning district or without
special study, but which, if controlled as to number,
area, location or relation to neighborhood, would be.
Such uses which are listed as Special Uses in the
Permitted Use Table may be installed and operated only
after approval by the Zoning Board of Adjustment or by the
Board of county commissioners, as appropriate, subject to
the general and specific standards.
Street. A public or private right-of-way not less than 30
feet in width set aside for public or private travel and
either which has been accepted for maintenance by the
• State of North Carolina, has been established as a public
or private street prior to the date of adoption of this
ordinance, or which has been dedicated to the State of
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North Carolina for public travel by the recording of a
plat of a subdivision which has been approved by either
the Planning Commission or Board of County Commissioners,
or which had been approved as a private street in
accordance with the Carteret County Subdivision
Regulations by either the Planning Commission or Board of
County Commissioners.
Structure. A walled and roofed building that is
principally above ground, a manufactured home, a gas or
liquid storage tank or other manmade facilities or
infrastructures.
Temporary Residential Mobile Home. A mobile home,
intended for residential use for a limited period of time,
used for purposes of providing for custodial care under a
special use permit or providing temporary residential
space during the installation of a replacement mobile home
or construction of a residential unit built to NC Building
Code on the same lot, and for 30 days after the issuance
of Certificate of Occupancy for the permanent unit. The
temporary mobile home shall be anchored as per NC Building
Code.
Thoroughfare. For the purposes of this ordinance the term
thoroughfare shall mean the rights -of -way of Highways 70,
24, 58, 101 and 12.
Trailer, Hauling or Utility. A vehicle or structure
designed to be transported and intended for carrying
animals or goods.
Trailer, Overnight Campine For purposes of this
ordinance the following shall be considered an overnight
caring trailer:
.1 Travel Trailer: A vehicular, portable structure built
on a chassis (other than a mobile home), designed as a
temporary dwelling for travel, recreation and vacation.
.2 Pick Up Coach: A structure designed to be mounted on
a truck chassis for use as a temporary dwelling for
travel, recreation and vacation.
.3 Motor Home: A portable, temporary dwelling to be used
for travel, recreation and vacation, constructed as an
integral part of a self-propelled vehicle.
.4 Camping Trailer: A temporary, folding structure,
mounted on wheels and designed for travel, recreation and
vacation use.
•
•
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•
Trailer Park, overnight Camping (Campground). An approved
site, tract of land or lot upon which not less than two
overnight camp sites and/or overnight trailers occupied
for temporary shelter, dwelling, recreational or vacation
uses may be located, regardless of whether or not a charge
is made for such services.
Triplex. A building designed, constructed or
reconstructed for use as three dwelling units that are
connected by a common structural or load -bearing wall.
Variance. A relaxation of the literal terms of this
ordinance where such relaxation will not be contrary to
the public interest and, where, owing to conditions
peculiar to the property and not the result of actions or
the situation of the applicant, a literal enforcement of
the ordinance would result in unnecessary and undue
hardship. A variance is authorized only for the
dimensional controls of this ordinance. Establishment or
expansion of a use otherwise prohibited shall not be
permitted by a variance.
Yard, Front. The space required between a front lot line
and the front setback line of a principal building or
• structure.
Yard, Rear. The space required between the rear lot line
and the rear building line of a principal building or
structure, which may permitted accessory buildings,
structures or uses.
is
Yard, Side. The space required between a side lot line
and the side building line of a principal building or
structure, which may contain permitted accessory
buildings, structures or uses.
23 6/15/90

1200. AEMMSTRATION
1201. Zoning Administration. The Director and staff of the
Carteret County Planning Department are hereby authorized,
and it will be their duty, to administer and enforce the
provisions of this ordinance. More specifically, for the
purposes of this ordinance, it will be the duty of the
Zoning Enforcement Officer to enforce and administer the
provisions of this ordinance. An appeal from a decision
of the Zoning Enforcement Officer may be taken to the
Zoning Board of Adjustment established pursuant to this
ordinance in Section 1400.
1202. Enforcement Methods. The provisions of this ordinance may
be enforced by any one or more of the following methods.
The County may apply for any appropriate equitable remedy
to enforce the provisions of this ordinance.
1202.1 Injunction. The provisions of this ordinance may be
enforced by injunction. When a violation of this
ordinance occurs, Carteret County may apply to the
appropriate division of the General Court of Justice for a
mandatory or prohibitory injunction comiTanding the
defendant to correct the unlawful condition or cease the
unlawful use of the property.
1202.2 Omer of Abatement. In addition to an injunction, the
County may enter an order of abatement as part of the
judgement in the case. An order of abatement may direct
any of the following actions: that buildings or other
structures on the property be closed, demolished, or
removed; that fixtures, furniture or other moveable
property be moved; that improvements or repairs be made;
or that -any other action be taken that is necessary to
bring the property into compliance with the ordinance.
1202.3 Execution of Court Decisions. If the defendant fails or
refuses to comply with an injunction or with an order of
abatement within the time allowed by the court, he or she
may be cited for contempt. The County may execute the
order of abatement and will have a lien on the property in
the nature of a mechanic's and materialman's lien for the
cost of executing the order. The defendant may secure
cancellation of an order of abatement by paying all costs
of the proceedings and by posting a bond for compliance
with the order. The bond must be given with sureties
approved by the Clerk of Superior Court in an amount
approved by the Judge before whom the matter was heard and
will be conditioned on the defendant's full compliance
with the terms of the order of abatement within the time
fixed by the Judge. Cancellation of an order of abatement
does not suspend or cancel an injunction issued in
conjunction with the order.
1203. Violation of Ordinance. Any person, firm or corporation
convicted of a violation of any provision of this
•
•
•
24 6/15/90

•
ordinance will be guilty of a misdemeanor. Such a
conviction is punishable by a fine not exceeding fifty
($50.00) or imprisonment not exceeding 30 days. After
notice of a violation is given, the violator will have 30
days to correct the violation. After that time, each
additional day that the violation continues to exist will
be considered a separate violation.
1204. Zonim Compliance Certificate. In order to ensure
successful completion of all improvements required for a
use as outlined in this ordinance, the Zoning Enforcement
Officer shall conduct a final inspection prior to issuance
of the certificate of occupancy. The purpose of this
inspection will be to review the development and ensure
compliance with the zoning permit issued. The Zoning
Enforcement Officer shall provide written certification
indicating that the use meets all applicable requirements.
It is illegal to occupy or change the use of any building
or land, except for land used for agricultural,
aquacultural and forestry purposes, until a zoning
compliance certificate has been issued by the Zoning
Enforcement Officer.
411.
205. Zoning Permits.
205.1 It is illegal for any person to begin construction of, or
change the use of, a structure or any part of a structure
without obtaining a zoning permit from the Zoning
Enforcement Officer.
1205.2 The Zoning Enforcement Officer will not issue a zoning
permit unless the plot plans, zoning specifications and
intended use of the structure conform to the requirements
of this ordinance. The application for a zoning permit
must be accompanied by information sufficient to allow the
Zoning Enforcement Officer to act on the request.
1205.3 In cases where the applicant for a zoning permit appeals a
decision of the Zoning Enforcement Officer or applies for
a variance from the provisions of the ordinance, the
Zoning Enforcement Officer will forward all information
pertaining to the application to the Zoning Board of
Adjustment.
1205.4 Any zoning permit issued in accordance with this section
will lapse and become invalid unless the work for which it
was issued is started within six months of the date of
issue or if the work authorized by it is suspended or
abandoned for one year.
0206. Application for ZoniM Permit. The following information
shall be required when making application for a zoning
25 6/15/90

permit:
•
a) Plot plan showing the actual dimensions of the lot to
be developed. The plot plan being drawn to scale when the
development is taking place in business, industrial,
office and professional, and church campus districts;
b) Location of existing and proposed buildings, including
setbacks;
c) Size of proposed building and, in the case of a
conmiercial structure, interior floor plans, when necessary
for determination to be made under other sections of this
ordinance;
d) Number and location of parking spaces for commercial
structure;
e) Location and dimensions of proposed and existing
signs.
•
•
26 6/15/90

1300. ASS.
1301. Amendment Responsibility.
0,01.1 The Board of County Commissioners on its own motion or by
petition may amend, supplement, change or repeal the
zoning district boundaries or regulations established by
this ordinance. Any such amendment will be adopted only
after public notice and public hearing as required by
general law.
1301.2 In approving an amendment to change a zoning
classification, the Board of County Commissioners may
change the existing zoning classification of the area or
any part of the area covered by the petition to the
classification requested or to a higher classification or
classifications as defined in Section 1010. This action
may occur without the withdrawal or modification of the
petition.
1302. Petition for Amendment. Petitions for an amendment to the
zoning ordinance or for the rezoning of property must be
filed in the office of the Planning Department by the
property owner or his duly authorized agent. An official
application form, entitled "Petition for Change of Zoning
in Carteret County, NC" shall be obtained and returned to
the Planning Department no later than 17 days prior to the
date of the Planning Commission meeting for which the
petition is slated. The filing fee shall be in accordance
• with the Planning Department fee schedule and must
accompany the petition. A list of property owners
abutting the property under consideration for rezoning
shall also be submitted. The petitioner is responsible
for notifying abutting property owners by first class mail
as prescribed in N.C.G.S.153A-343. All abutting property
owners must be notified in advance of the Planning
Commission meeting date.
1303. Withdrawal/Suspension of Petitions.
1303.1 Petition for rezoning of property or amendment to the
ordinance may be withdrawn or suspended by the petitioner
at any time up to and including 10 days prior to the
hearing date. After that time, requests to withdraw or
suspend a petition must be filed with the Clerk to the
Board of County Commissioners and, on the day of the
hearing, the Commissioners will decide if the
withdrawal/suspension will be allowed. If the request for
a suspension is granted, the petitioner shall incur all
costs associated with the readvertisement of the public
hearing. If a petition is withdrawn, any reapplication
shall be treated as a new petition and all required fees
shall be paid.
�03.2 The petitioner will not be allowed to amend or change the
petition after the Board of County Commissioners
27 6/15/90

authorizes a public hearing to hear the request. •
1304. Public Hearing.
1304.1 No amendment of the ordinance or rezoning of property may
be adopted until after a public hearing has been held on
the petition. A notice of the hearing will be placed in a
local Carteret County newspaper once a week for two
successive calendar weeks. The notice will appear for the
first time no less than 15 days prior to the hearing date.
1304.2 The total amount of time allowed for the supporters or the
opponents of a petition to provide verbal comments shall
be determined at public hearing. At the hearing, the
presiding officer of the hearing will decide whether to
grant all or part of any request for additional time.
1304.3 In cases involving a controversial rezoning matter and a
large number of persons wishing to speak at the public
hearing in favor of or against a request, the Planning
Department reserves the right to require those persons to
sign up in advance of the public hearing in order to
facilitate and organize the speakers. Persons who do not
register to speak in advance shall be allowed that right
at the public hearing. If such a requirement for •
pre -registration is necessary, the advertised public
hearing notice shall clearly indicate this requirement.
1305. RecomTendation of the Planninci Commission. No proposal to
amend the zoning ordinance or rezone property will be
approved unless it is first submitted to the Planning
Commission for its recommendations pursuant to Section
1302. The Planning Commission must make a recommendation
to the County Commissioners within 45 days after the
petition has been referred to the Planning Commission. If
the Planning Commission does not render a decision within
that period, the petition will be considered the same as a
favorable recommendation.
1306. Effect of Denial by County Commissioners. A petition for
amendment to the ordinance or for the rezoning of property
that has been denied in whole or in part or has been
approved to a higher classification (as defined in Section
1010) than the one originally requested may not be
resubmitted within six months of the date of action on the
original request. However, the Board of County
Commissioners may choose to allow a re -application if,
after a report from the Planning Commission, it determines
that there have been substantial changes in conditions or
circumstances which may relate to the request. •
28 6/15/90

1400. ZONING BOARD OF ADJUSTMENT.
. 01. Organization. This ordinance establishes a Zoning Board
of Adjustment. This Board will consist of five regular
members and up to two alternate members who are citizens
and residents of Carteret County to be appointed for
overlapping terms of three years. An appointment to fill
a vacancy on the Board will be for the remainder of the
unexpired term.
1402. Rules of Procedure. The Board of Adjustment will adopt
rules and regulations in accordance with Chapter 153A of
the North Carolina General Statutes for its own operation
necessary to carry out the provisions of this ordinance.
The Zoning Enforcement Officer will maintain copies of the
adopted rules for public information. The Board of
Adjustment shall elect a chairman and vice-chairman from
its membership who shall serve for one (1) year or until
their successors are elected. The Chairman or, in
his(her) absence, the Vice -Chairman may administer oaths.
The Board shall appoint a secretary, who may be a County
officer, an employee of the County, a member of the
Planning Commission, or a member of the Zoning Board of
Adjustment. All meetings of the Board of Adjustment shall
be open to the public.
1403. Duties of the Board of Adjustment. The Board of
Adjustment is assigned a certain number of specific duties •
by this ordinance. Those duties are listed below.
1403.1 Interpretation of the Ordinance. The Board of Adjustment
is responsible for interpreting the provisions of the
ordinance if there is a question about the meaning or
application of a provision. Once the Board has made an
interpretation on an issue, the Zoning Enforcement Officer
will consistently use that interpretation in the
administration of the ordinance. The Board may also ask
that the ordinance be amended to clarify a problem with
the ordinance that has come to the Board's attention.
1403.2 Administrative Review. The Board of Adjustment will hear
and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made
by the Zoning Enforcement Officer. Any person who feels
that his/her legal or property rights may have been
affected, or any officer, department, board or bureau of
Carteret County may file such an appeal within 30 days of
the decision of the Zoning Enforcement Officer.
1403.3 Variance of the Ordinance Requirements. The Board of
Adjustment will hear and decide appeals for variances from
the requirements of the ordinance which relate to the
• establishment or extension of structures or uses of land.
Before a variance request may be granted, the Board must
find:
29 6/15/90

a) That practical difficulties or unnecessary hardship
would result if the strict letter of the law were
followed;
b) That the variance is in accordance with the general
purpose and intent of the ordinance;
c) That the public health, safety, and welfare have been
assured and substantial justice done.
The Board may not grant a variance which would allow the
establishment of a use which is not otherwise permitted in
the district, would result in the extension of a
nonconforming use, or would change the district boundary
or zoning classification of the property in question.
In reaching a decision on a variance request, the Board
will be guided by the following principles in its
evaluation of conditions which constitute "practical
difficulties or unnecessary hardship":
a) That the difficulty or hardship would result strictly
from the provisions of this ordinance and from no other
cause, including the actions of the owner or previous
owners of the property;
b) That the difficulty or hardship is peculiar to the
property in question and is not generally shared by
other properties in the neighborhood;
c) That the difficulty or hardship resulting from the
application of the provisions of the ordinance would
prevent the owner from securing a reasonable return
or making a reasonable use of the property. However,
the fact that the property could be utilized more
profitably will not be considered as grounds for
granting the variance request.
1403.4 Issuance of Special Use Permits. The Board of Adjustment
is responsible for issuing minor special use permits and
the Board of county Commissioners is responsible for
issuing major special use permits for uses which are
special uses in the Table of Permitted and Special Uses.
Before a special use permit may be granted, the Board must
find:
a) That the proposed use will not materially endanger
the public health or safety if located where proposed
and if developed according to the plan as submitted
and approved;
is
•
30 6/15/90

b) That the use meets all required conditions and
• specifications;
c) That the use will not substantially injure the value
of abutting or adjoining property, or that the use is
a public necessity;
d) That the location and character of the use, if
developed according to the plan as submitted and
approved will be in harmony with the area in which it
is to be located and in general conformity with the
plan of development for the unincorporated area of
Carteret County.
1404. Appeals and Hearings. After notice of appeal, variance or
special use is received, the Board of Adjustment will hold
a public hearing within 36 days from the filing of such
notice. All administrative papers and other information
relating to an appeal, special use permit or variance must
be submitted to the Zoning Enforcement Officer by the
appellant. The Board will give notice of the time, place
and subject of its hearings to the person(s) making the
request. The applicant shall give notice to the owners of
abutting properties. Proof of notification shall be
required in advance of the Board of Adjustment meeting.
The Board will keep minutes of its hearings and records of
the votes of each member.
�405. Actions of the Board. Any decision of the Board of
Adjustment will state the reasons and the findings of fact
and conclusions of law made by the Board to reach its
decision. The concurring vote of a four -fifths of the
members of the Board will be required to reverse any
order, requirement, decision or determination of any
administrative official charged with enforcement of the
ordinance, or to decide in favor of the person(s) making
an appeal, special use permit or a variance request. The
Board of Adjustment shall inform the parties involved of
its decision and the reasons and findings of fact in
writing.
1406. Rehearing. The Board of Adjustment will refuse to hear an
appeal or application for a variance which has been
previously denied if it finds that there have been no
substantial changes in the conditions, circumstances or
evidence relating to the matter.
1407. Fees. Petitions for appeals to be considered by the Board
of Adjustment must be filed with the Planning Department
and must be in accordance with the Planning Department Fee
Schedule..
•
31 6/15/90

1408. Appeals of the Decision of the Zoninct Board of Adjustment.
Any person or persons aggrieved by a decision of the Board •
may appeal the decision of the Board of Adjustment to the
Superior Court of North Carolina within thirty (30) days
after a written and signed copy of the decision is filed
in the Planning Department. Any aggrieved party may
submit a written request for the decision at the time of
the hearing.
•
•
32 6/15/90

1500. NONCONFORMING USES.
1501. Purpose. This ordinance places restrictions on the use
• and development of land by establishing minimum standards.
In many instances, land and improvements were developed or
proposals for the use of land were initiated prior to the
adoption of this ordinance. These uses may not meet the
minimum standards contained in this ordinance because they
were developed under no specific standards or under
standards which were less restrictive. The Board of
County Commissioners recognizes that the strict
application of these standards to such uses may create
certain hardships for the property owner. The Board also
recognizes that these uses may be allowed to continue in
use in accordance with the spirit of this ordinance, even
though not meeting the ordinance standards. Therefore,
the uses or situations described below are accorded a
nonconforming status with all the specific privileges and
limitations set forth to govern their existence.
1502. Nonconforming Vacant Lots. A nonconforming vacant lot is
a lot which does not conform to the use regulations of
this ordinance for the district in which it is located,
either at the effective date of this ordinance or as a
result of subsequent amendments which may be incorporated
in this ordinance. A nonconforming vacant lot may be used
for any of the uses permitted by this ordinance in the
district in which it is located if the use of the lot
meets the following standards:
'002.1 The minimum requirements for front, side and rear yards,
height of structures, and unobstructed open space for the
particular district must be met.
1502.2 Duplexes and multi -family dwellings must meet the minimum
lot standards for those uses in the particular district in
addition to the dimensional requirements listed in Section
1502.1.
1502.3 The lot in question does not abut a lot which could be
combined with it to make it conforming.
1503. Nonconforming Occupied Lots. A nonconforming occupied lot
is a lot which contained a structure at the time this
ordinance was adopted, but which does not meet the minimum
requirements for width, area, front, side or rear yard,
height and unobstructed open space for the district in
which it is located. Any structures on this type of lot
may be improved or expanded in accordance with the
following standards:
1503.1 Any improvement or expansion of any building on this type
of lot must comply with the minimum requirements of the
ordinance for front, side and rear yard, height and
unobstructed open space for the district in which the lot
is located, provided any improvement or expansion does not
33 6/15/90

increase the nonconformity.
1504. Nonconforming Open Uses of Land. A nonconforming open use
of land is an open use on a lot when the only buildings
are incidental and accessory to the principal open use
which was in existence prior to the adoption of this
ordinance and which would not be permitted by this
ordinance in the district in which it is located. Uses
such as storage yards, used car lots, auto wrecking,
salvage yards, golf driving ranges, rifle ranges and
miniature golf courses are examples of open uses. A
legally established nonconforming open use of land may be
continued but is subject to the following limitations:
1504.1 A nonconforming open use of land may only be changed to a
conforming use; however, it may not later be used for any
nonconforming use.
1504.2 A nonconforming use of land that is discontinued for more
than six months may not be reestablished and all
subsequent uses of the site must be in conformance with
the particular district regulations. Any vacancy or
non-use of the land regardless of the intent of the owner
or tenant will be considered a discontinuance for the
purposes of this requirement. •
1504.3 A nonconforming open use of land may not be enlarged to
cover more land than it occupied when it became
nonconforming.
1505. Nonconforming Uses of Structures. A nonconforming use of
a structure is a use in a structure which existed prior to
the adoption of this ordinance which would not be
permitted by this ordinance in the district in which it is
located. This type of use may be continued subject to the
following limitations:
1505.1 A nonconforming use of a structure may be changed to
another nonconforming use or to a conforming use. The
change of a nonconforming use to another nonconforming use
must not generate any more automobile or truck traffic,
noise, vibration, smoke, dust or fumes than the original
nonconforming use.
1505.2 Once a nonconforming use of a structure has been changed
to a conforming use, it will not be allowed to return to
any nonconforming use.
1505.3 Maintenance and repairs which are necessary to keep a
structure which houses a nonconforming use in a safe and •
sound condition are permitted.
34 6/15/90

1505.4 A nonconforming use of a structure may be enlarged or
extended only into portions of the structure which existed
at the time that the use became nonconforming and which
were designed or arranged to accomrcdate the use. No
structural alterations are allowed to any structure
containing a nonconforming use except for those required
by law or an order from the building inspector to insure
the safety of the structure. Existing nonconforming
residential uses in a business or industrial district may
be enlarged or extended as long as no additional dwelling
units result from the enlargement or extension and all
improvements are completed in accordance with the North
Carolina Building Codes.
1505.5 A nonconforming use of a structure that is abandoned for
more than six months may not be re-established and all
subsequent uses of the structure must be in conformance
with the particular district regulations.
1506. Reconstruction of Damaged Structures. When a structure on
a nonconforming lot or a structure containing a
nonconforming use is damaged by fire, flood, wind, Act of
God, or condemnation proceedings the structure may be
repaired and restored to its original dimensions and
• conditions provided that not more than fifty (50) percent
of its structural value has been damaged.
•
1507. Reserved.
1508. Changes in Zoning. Any nonconformance created by a change
in a zoning classification or district boundary or by a
change in the regulations in the ordinance will be
regulated by the provisions of this Section.
35 6/15/90

1600. SUPPLIIKENTARY REGULATIONS.
1601. Screening/Buffering.
1601.1 General Screening Requirements. Whenever screening is
required, a minimum 10-foot wide vegetative buffer must be
provided to materially screen the uses within the subject
property from the view of abutting properties. The
vegetative buffer shall contain evergreen shrubs spaced
not more than five feet apart, and not less than one row
of dense shrubs planted at an initial height of at least
three feet and shall be of such type that can be expected
to be five feet or more in height after three growing
seasons. Said vegetative buffer shall be maintained
continuously in a healthy state by the property owner(s).
When a vegetative buffer is deemed inappropriate due to
limited lot area, the Zoning Enforcement Officer may allow
either a durable masonry wall or wooden fence designed to
be conipatible with the character of adjacent properties.
Within residential districts, walls and fences must be at
least five feet in height but not greater than ten feet in
height, measured from the ground along the common lot line
of adjoining properties. Along zoning district
boundaries, walls and fences must be at least five feet
high but not greater than eight feet high. Walls and
fences must be constructed and maintained in safe and
sound condition.
1601.2 Screening and Outdoor Storage. Outdoor storage of any
material, stocks, or equipment, accessory to a principal
use on any lot within any district other than a
residential district must be screened from any abutting
lots in residential districts in accordance with the
requirements of Section 1601.1 and other pertinent
provisions of this ordinance. The screening may be
located anywhere on the property, subject to other
pertinent provisions of this ordinance, and provided that
the open storage area is effectively screened as specified
above.
1601.3 Screening Junkyards and Salvage Yards. Junkyards and
salvage yards must be screened from public view from any
public street and from any abutting lots in accordance
with the requirements of Section 1601.1 and other
pertinent provisions of this ordinance. The screening may
be located anywhere on the property, subject to other
pertinent provisions of this ordinance, and provided that
the junkyard or salvage yard is effectively screened as
specified above.
1601.4 Screening and Zoning District Boundaries. In all cases
where a residential district is bounded by any other
zoning district, screening shall be required in accordance
with the requirements of Section 1601.1 and other
pertinent provisions of this ordinance when
non-residential property is developed. The screening
•
•
36 6/15/90

•
shall be located along the perimeter of the property which
is not zoned residentially.
1601.5 Waiver of Screening Requirements when Screening is Already
Provided. There may be cases where the unusual
topography or elevation of a site, or the size of the
parcel involved, or the presence of screening on abutting
property would make the strict adherence to the ordinance
serve no useful purpose. In those cases, the Zoning
Enforcement Officer is empowered to waive the requirements
for screening as long as the spirit and intent of the
ordinance and the general provisions of this ordinance
pertaining to screening are adhered to. This section does
not negate the necessity for establishing screening for
uses abutting vacant property.
1601.6 Vegetative Requirements Along Shorelines of Sounds,
Rivers, Canals and other Water Bodies. Except when
accessory structures are allowed in rear or side yards
under other provisions of this ordinance, the minimum rear
and side yards for the zoning district in which the lot is
located shall remain vegetated on waterfront lots. The
vegetation shall consist of grass, trees, other planted
ground cover or remain in a natural state. Only the sides
of the lot abutting the sound, river, canal or other water
body shall comply with this requirement.
1602. Development Within Flood Zones. The Federal Emergency
Management Agency (FEKA) governs development within flood
zones with the use of Federal Insurance Rate Maps (FIRM).
Four flood zones have been designated: "V", "A", "B" and
"C" zones. Any development with the "V" and "A" zones
must meet the minimum height requirement as per the FIRM
maps. Should a property owner not agree with the FIRM map,
an appeal may be made to FEKA.
1603. Development Within Coastal Area Management Zone._ The
North Carolina Coastal Area Management Act (CAMA) governs
development within certain areas of environmental concern,
including areas directly abutting coastal waters. Prior
to issuance of a Zoning Permit, required LAMA permits must
have been issued.
1604. Structures Permitted Above the Height Limit.
1604.1 The following structures, features, or equipment are
permitted above the height limit in any district: silos,
skylights and roof structures for elevators, stairways,
tanks, ventilating fans, air conditioning or similar
equipment for the operation or maintenance of the building
and any device used for screening such structures and
equipment.
37 6/15/90

•
1604.2 The following structures are permitted above the height
limit on lots in the business, church campus and
industrial districts which do not abut lots in any
residential district: towers, steeples, flagpoles,
chimneys, water tanks or similar structures. If this type
of structure is on a lot which abuts a residential
district, then the part of the structure above the height
limit must be separated from any such abutting lot line by
a distance equal to at least one-half of its height
measured from the ground. Towers used to support electric
power and other utility lines are exempt from this
requirement.
1604.3 The structures listed in Section 1604.2 above are also
permitted above the height limit in residential districts.
However, any part of such a structure which extends above
the height limit must be separated from any abutting
property line by a distance equal to at least half of its
height measured from the ground. otherwise the structure
will be subject to the usual requirements for the
particular district. Towers used to support electric
power and other utility lines are exempt from this
requirement. Towers and other similar structures used
solely for the purposes of amateur radio reception and •
transmission shall be exempt from this requirement.
1604.4 Radio and television towers and similar structures are
permitted above the height limit in any district. If such
a structure is located on a lot in or abutting a
residential district, it must be located at least 50 feet
from all abutting residential property lines or at a
distance equal to its height, whichever is greater.
1604.5 The height of any structure shall be measured from its
finished grade.
1605. Accessory Structures. Accessory structures will not be
permitted in any required front yard or within five feet
of any side or rear exterior property line. If located on
a corner lot, the accessory structure will not be nearer
to the side street than the principal structure. Security
guard stations and gates may be located within any
required setback or yard provided that the site has been
approved by the Zoning Enforcement Officer. Underground
accessory structures will be permitted within any setback
or yard requirement in any district but shall not be
permitted any closer than five feet to any exterior
property line. Canopies to cover gasoline pumps are
permitted to be located ten feet from any exterior
property line. Exempted from the requirements for
accessory structures are well houses, fences, mail boxes,
flower boxes, dog houses, and the like.
38 6/15/90

r-I
L'.J
1606. Public Utility Companies. Public utilities may be
established in any district in conformance with the
requirements listed below:
.1 Lots must conform to minimum setback and yard
requirements of the district in which they are
located.
.2 The design of buildings, structures and facilities on
the site should conform as closely as possible to the
character of the area or neighborhood.
.3 Adequate fencing or comparable safety devices must
be installed and maintained in order to mike the
facility inaccessible to the public.
.4 Portions of properties not used for buildings, parking
or related services must be maintained with planted
ground cover. Screening must be provided in
accordance with the provisions of Section 1601.
1607. Reserved.
608. Minimum Requirements for Mixed Uses. When two or more
uses occupy the same building and those uses would
normally have different minimum requirements, the more
restrictive requirements shall apply. The off-street
parking and loading requirements for each use must be met
fully.
1609. Modifications of Setbacks. When a lot is nonconforming
relative to its width, the side yard requirements for the
lot may be reduced by a distance equal to the average of
the district requirement and the established nonconforming
side yard created by existing primary structures within a
300-foot radius. In no case shall a structure and its
architectural features such as cornices, eaves, steps,
gutters and fire escapes be allowed any closer than seven
feet to a side property line.
1610. Certain Extensions into Yards Allowed. Architectural
features such as cornices, eaves, gutters and handicapped
ramps may project up to three feet into any required yard
or beyond any required setback unless such a feature would
obstruct driveways which may be used for service or
emergency vehicles.
1611. Reserved.
W12. Side and Rear Yards Next to Railroad or Waterfront. In
business and industrial districts, side yards and rear
yards are not required abutting railroad rights -of -way. In
39 6/15/90

I W and P-I districts side yards and rear yards are not
required on the waterfront side of lots which abut the
water.
1613. Location of Required Yards on Irregular Lots. The
location of required front, side and rear yards on
irregularly shaped lots will be determined by the Zoning
Enforcement Officer. The determination will be based on
the spirit and intent of this ordinance to achieve an
appropriate spacing and location of buildings on
individual lots.
1614. Special Yard Requirements for Corner Lots. In any zoning
district, the side yard requirements for corner lots along
the side street right-of-way shall be required to have an
additional ten feet of yard requirement, unless otherwise
stated.
1615. Rear Yard Requirements for Through Lots. If both the
front and rear yards of a lot abut public streets, then
the minimum rear yard will be the same as the minimum
front yard for the district. Section 1626 also contains
standards for yards, including rear yards which abut
thoroughfares.
1616. More Than One Principal Building Per Lot. Only one
principal building and its customary and/or rightful
accessory buildings may be erected on any lot unless
otherwise authorized by this ordinance.
1617. Construction of Buildings on Lots Not Abutting a Street.
No building shall be erected on any subdivided lot which
does not abut at least 25 feet on a street unless such lot
has been exempted under the Carteret County Subdivision
Regulations or was given preliminary approval prior to the
adoption of this ordinance or is a lot of record.
1618. Not Used.
1619. Fences and Walls in Residential Districts. Within
residential districts no freestanding wall or fence may
exceed ten feet in height within any required yard. This
wall and fence height limit does not apply to walls and
fences constructed around electric and gas substations,
telephone repeater stations or huts, sewage treatment
plants, pressure regulator stations, buildings to house
pumps and lift stations and similar strictures; radio,
telephone and television masts, towers, antennas, and
similar structures; municipal reservoirs and water storage
tanks. Walls and fences related to these uses need not
conform to any of the yard or setback requirements
specified in this ordinance.
0
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•
1620. Reserved.
1621. Driveway Permits. Driveway permits shall be required upon
any road or right -of --way upon which the North Carolina
Department of Transportation requires one.
1622. Visibility at Intersections. On a corner lot in any
residential district, no plantings, fence, wall or other
obstruction to visibility more than three feet in height
shall be placed in the area bounded by the street
rights -of -way of such corner lots and a line joining
points along said street rights -of --way fifty feet from the
point of intersection.
1623. Not Used.
1624. Institutional Uses in Residential Districts. The
following institutional uses shall be permitted by right
within any residential district:
.1 Governmental Buildings -
a) Minimum lot size shall be one acre;
b) Screening may be required in accordance with
Section 1601;
c) The minim m setbacks of the residential district
in which the building is located must be met;
d) Off-street parking shall be required in accordance
with Section 2000;
e) Any other applicable requirements of the Zoning
Ordinance must be adhered to.
.2 Fire Stations -
a) Minimum lot size shall be one acre;
b) Screening shall be required in accordance with
Section 1601;
c) The minimum setback for all sides shall be 30
feet;
d) Off-street parking shall be required in
accordance with Section 2000;
e) Any other applicable requirements of the Zoning
Ordinance must be adhered to.
.3 Family Care Home -
a) Minimum lot size shall equal what is required for
the specific district in which the family care
home is to be located;
b) Minimum setbacks shall be in accordance with the
specific district in which the family care home is
to be located;
c) Off-street parking shall be in accordance with
Section 2000;
d) No family care home shall be located any closer
41 6/15/90

than one-half mile from an existing family care
home;
e) Any other applicable requirements within the
Zoning Ordinance shall be adhered to.
.4 Public or Private Schools -
a) Minimum lot size shall be one acre;
b) Minimum setbacks shall be 30 feet on all
sides;
c) Screening shall be required in accordance with
Section 1601;
d) Off-street parking shall be in accordance with
Section 2000;
e) Any other applicable requirements within the
Zoning Ordinance shall be adhered to.
.5 Public Parks -
a) Minimum lot size shall be one half acre;
b) Minimum setback shall be in accordance with the
residential zoning district in which the park is
located;
c) Off-street parking shall be in accordance with
Section 1601;
d) Any other applicable requirements within the
Zoning Ordinance shall be adhered to.
.6 Public Utility Facilities- See Section 1606.
1625. Reserved.
1626. Special Requirements for Lots Along Thoroughfares (i.e.
Highways 70, 24, 101, 58 and 12).
1626.1 When the front, rear or side yam of a lot in any district
abuts a thoroughfare, the minimum setback on the side of
the thoroughfare shall be 40 feet.
•
•
42 6/15/90

2000. Off -Street ParkiM and Loading Requirement.
2001. Off -Street Parking_ Requirements. In order to assure a
proper and uniform development of public parking areas
throughout the unincorporated areas of Carteret County, to
relieve traffic congestion in the streets and to minimize
any detrimental effects of off-street parking areas on
adjacent properties, the procedures and standards set forth
in Section 2002 through Section 2019 will apply.
2002. Schedule of Off -Street Parking Requirements.
Off-street parking must be provided and maintained as
specified in the following schedule. These requirements
will apply to all new buildings and uses and to new
additions to existing buildings and uses in all districts.
Type of Use: Parking Standards:
Airports, railroad stations, 1 space per each 4 seats
and bus terminals for
waiting passengers,
plus 1 space for each
two employees on shift
of greatest employment.
Auditoriums, stadiums, 1 space per 4 fixed
assembly halls, gymnasiums, seats in largest
theatres, community assembly room or area or
recreation centers, churches for each 40 square feet
and other places of public of floor area available
assembly for the accommodation of
movable seats in the
largest assembly room,
or 1 space per each 150
square feet of gross
floor area, whichever is
needed by the facility.
Automobile service station 2 spaces per each
service bay, plus 1
space per each employee
on shift of greatest
employment.
Automobile sales In addition to inventory
display areas, 1 space
per 400 square feet of
building area devoted to
sales, minus any storage
areas.
Banks, savings and loans, 10 spaces minimum for
and similar uses customer parking and 1
43 6/15/90

Barber shop, beauty shop and
personal services
Car wash
Child care and kindergarten
Dental and medical offices
and clinics
Delivery, ambulance and
other similar services
Drive-in facilities
(in addition to use requirement)
Fire station
Funeral home
space for each 1
employee on shift of
greatest employment.
2 spaces per operator
1 space per 2 employees.
1 space per teacher or
staff plus 1 space for 1
car for drop-off and
pick-up per 10 children
as identified in the
licensing limit.
4 spaces per doctor plus
1 space per employee
other than physician.
1 space per vehicle,
plus 1 space for each 2
employees.
3 stacking spaces for
each bay, window or
lane.
1 space per person on
duty on a normal shift.
1 space per each 60
square feet of floor
area available for
seating ac=miodations.
Hospitals 1 space for each 2
patient beds, plus 1
space for each staff or
visiting doctor, plus 1
space for each 3
employees.
Industrial, manufacturing
and wholesaling establishments
Laboratories and other
facilities for research
1 space for each 1
employee on shift of
greatest employment,
plus 5 spaces for
visitor parking.
1 space for each
employee on the shift of
greatest employment.
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•
44 6/15/90

•
•
Marinas, con ye=ial
Marinas with boat ramp,
Commercial
Marinas, residential
Mobile harm sales
0.6 spaces per wet or
dry slip plus 1 space
per employee.
0.6 spaces per wet or
dry slip plus 1 space per
employee, plus 25 12'
by 40' spaces for each
boat ramp.
20 percent of wet or dry
slips available.
5 spaces, plus 1 space
per 10,000 square feet
of lot area.
Motels, hotels, bed & breakfast, 1 space per unit, plus 2
motor courts, boarding houses, spaces per 3 employees
and similar uses on the shift of greatest
employment.
Musewms and art galleries
Nursing homes, rest homes
homes for the aged
offices
1 space per 300
square feet of gross
floor area.
1 space for 4 patient
beds, plus 1 space per
each 2 employees on the
shift of greatest
employment. .
1 space for each 200
square feet of net floor
area.
Post office 1 space per 150 square
feet of public service
area, plus 2 spaces per
3 employees on shift of
greatest employment.
Public library
Public or private clubs
1 space for each 300
square feet of net floor
area.
1 space for each 200
square fee:: of net floor
area.
Public utility buildings 1 space for each
employee on shift of
45
6/15/90

Radio and T.V. stations
Recreational uses:
a) Bowling alleys
b) Golf courses
greatest employment.
2 spaces per 3
employees on shift of
greatest employment.
4 spaces per lane.
4 spaces per hole.
c) Public/private swinming pools 1 space per 100 square
excluding single-family and feet of water and deck
multi -family residential pools area.
d) Recreation uses such as 1 space per tee, green,
golf driving ranges, court and/or other
miniature golf, tennis, method of participation
billiards or pool centers or however styled.
other similar uses
e) Recreational clubs
Residential uses:
a) Boarding house
b) Housing designed for and
used by the elderly
c) Home occupation
d) Multi -family residence
e) Single-family dwelling
1 per 250 square feet of
net floor area.
1 space per room or
boarder, whichever is
greater, in addition to
the normal requirement
for the dwelling unit.
1 space per 4 dwelling
units.
2 additional parking
space, in addition to
residence requirements.
1.5 spaces for units
549 sq. ft. or less;
1.75 spaces for units
550-699 sq. ft.; 2
spaces for units
700-1,249 sq. ft.; 2.25
spaces for units over
1,250 sq. ft.
2 spaces per dwelling
unit.
•
•
•
EIV
6/15/90

f) Duplex or triplex 2 spaces per dwelling
unit.
g) Dormitories
1 space per three
residents.
h) Efficiency unit
1.5 spaces for units 549
sq. ft. or less; 1.75
spaces for units 550-699
sq. ft; 2 spaces for
units 700-899 sq. ft.;
2.5 spaces for units
greater than 900 sq. ft.
Restaurants, diners and
10 spaces minimum plus 1
night clubs
space for every 3 seats.
Retail business
1 space per 200 square
feet of gross floor
area.
Schools, elementary and junior
1 space for each
High, including public and
classroom and
private
administrative office
employee and maintenance
employee, plus 5 visitor
parking spaces, plus 1
school bus space for
each 50 students, when
necessary.
Schools, senior high, trade and 5 spaces per each room
vocational, and colleges and used for administrative
universities offices or class
instruction, or 1 space
for each 5 seats in
auditoriums and other
places of assembly or
facilities available to
the public, whichever is
greater, plus 1 school
bus space for each 50
students, when
necessary.
Wholesaling with related retail 2 spaces per 3 employees
business on the shift of greatest
employment, plus
additional spaces per
square foot of gross
floor area devoted to
retail sales as
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applicable from "Retail
Business" schedule.
2003. Parking 9:0ce and Travel Aisle Width Defined.
2003.1 A parking space is defined as an off-street space
exclusively available for the parking of motor vehicles. A
standard parking space must have minimum dimensions of 10
feet in width and 20 feet in length with a minimum of 200
square feet needed. This area does not include any
passageways and driveways used for access to the space or
spaces.
Where there are lots designed to accommodate more than 10
vehicles, up to 25 percent of the spaces may have minimum
dimensions of 7.5 feet in width and 16 feet in length. The
smaller spaces, if provided, shall be designated for use
only by car*pact cars.
2003.2 The minimum width of a travel aisle width in a parking lot
with two-way (2 lanes) traffic shall be 24 feet. The
minimum width of a traffic aisle for one-way (1 lane)
parking shall be 14 feet.
2004. Parking Spaces in Driveways. In the absence of garages or
carports, driveways may be considered as providing required
off-street parking spaces for single-family, two-family and
three-family dwellings in residential districts.
2005. Location of Parking Spaces. Parking spaces must be located
so that no space is farther than 400 feet from the
buildings or uses to which it is assigned. However, in no
case shall parking be located across a thoroughfare (i.e.,
Highways 24, 58, 70, 101 and 12) from the use nor shall
parking be permitted within a structure unless it is an
approved parking garage. The Planning Commission may waive
this distancing requirement if a shuttle system is provided
for the use. This 400-foot distancing requirement does not
apply to parking spaces for auditoriums, assembly halls,
gymnasiums and other places of assembly, industrial,
wholesaling, manufacturing establishments and hospitals.
2005.1 A strip of land not less than 10 feet in width shall be
required between the first row of parking and any adjoining
right -of -ray.
2006. Parking Spaces Assigned to One Use. Required parking
spaces for any number of separate buildings or uses may be
combined in one lot, but the required spaces assigned to
one use may not be assigned to another use at the same
time. The required parking spaces for places of assembly
may be assigned to parking spaces that are otherwise
•
•
•
48 6/15/90

assigned to other uses if the spaces are normally
9n parking � Y
used at different times and a written agreement between
both parties regarding the requirements of Section 2006 is
submitted to the Planning Department.
2007. Parking Spaces shall not be Reduced in Number. Off-street
parking spaces shall not be reduced below the minimum
required for the use or facility to which they are
assigned. Off-street parking spaces for buildings or uses
which existed at the time of the adoption of this ordinance
and which were inadequate to meet the minimum parking
spaces required by this ordinance must not be reduced as
long as those buildings and uses continue to be in
existence.
2008. Additions to Buildings Deficient in Parking Spaces. The
provision of extra parking spaces is not required for
additions to existing buildings and uses that do not meet
the minimum requirements for off-street parking spaces if
any such additions do not represent an additional parking
requirement of more than three off-street parking spaces.
If more than three parking spaces would be required, the
addition must comply with all applicable parking standards.
009. Parking Plans Required. Plans for off-street parking lots,
whether public or private, must be submitted to the Zoning
Enforcement Officer for review for compliance with the
provisions of this ordinance and with other pertinent
ordinances. Each plan must indicate the number of spaces
and arrangement of parking aisles, location of driveway
entrances, provisions for vehicular and pedestrian
circulation, locations of sidewalks and curbs on or
adjacent to the property, and any other such information as
deemed necessary by the Zoning Enforcement Officer to
fulfill other ordinance requirements. Detached
single-family, two-family and three family residences are
exempted from this requirement.
2010. Barriers Required. Curbs, walls, fences, ditches or
similar devices must be located along the perimeter of
parking lots, garages and storage areas, except at
entrances and exits indicated on approved parking plans.
These barriers must be designed and located to prevent
parked vehicles from extending beyond property lines of
parking lots and garages and to protect public
rights -of --way and adjoining properties from damaging
effects from surface drainage from parking lots.
2011. Parking and Storage Areas.
0011.1 Parking lots, garages and storage areas must be designed
and constructed so that all maneuvering to park cars can
49 6/15/90

lot. 0
take place entirely within the property lines of the 1
2011.2 All parking areas shall be designed so that there will be
no need to use streets, sidewalks, alleys or other public
rights -of -way for parking or maneuvering to and fram
off-street parking spaces, except where such maneuvering is
necessary in the use of driveways for access to and from
single-family, two-family and three-family dwellings.
2011.3 Access to parking areas will be limited to driveway
entrances and exits specified in the approved parking area
plans.
2012. Parking Spaces and hots to be Improved. All parking lots
and spaces, excluding those provided for detached
single-family dwellings shall be improved with gravel or
marl, turfstone, compacted stone, asphalt or concrete, or
any other innovative means of paving. Each parking space,
except those provided for detached single-family dwellings,
shall be delineated by curbs, railroad ties, paint or other
similar material.
2013. Handicapped Parking. One handicapped parking space shall
be required per 50 parking spaces. Each handicapped space
must meet the terms of the NC Building Code and be
delineated as required in Section 2012.
2014.1 Spaces Appropriate to Function. Off-street loading spaces
must be provided as appropriate to the function and scope
of operation of individual or groups of buildings and uses.
2014.2 Design of loading Spaces. Off-street loading spaces must
be designed and constructed so that all maneuvering to park
and unpark vehicles for loading and unloading can take
place entirely within the property lines of the premises.
Loading spaces must be designed so as not to interfere with
the normal movement of vehicles and pedestrians on public
rights -of -way.
r1
50 6/15/90

2100. DESIGN STANDARDS AND REGULATIONS OF SIGNS. The purpose of
this Section is to regulate the type, placement and physical
dimensions of signs in the interest of public health, safety
and welfare, while recognizing the need for signs in the
business community.
2101. Definitions.
.1 Advertising Display Area: The advertising display
surface area encompassed within any polygon which would
enclose all parts of the sign. The structural supports for
a sign, whether they be columns, pylons, or a building, or a
part thereof, shall not be included in the advertising area.
Also ]mown as sign area.
.2 Buildings and Structures: Any walled and roofed
building that is principally above ground, a manufactured
home, a gas or liquid storage tank or other manmade
facilities or infrastructures.
.3 Controlled Access Highway: A state or city highway, or
section thereof, especially designed for through traffic and
over, from, or to which highway owners or occupants of
abutting property, or others, shall have only controlled
right of easement of access.
.4 Copy: The wording on a sign surface in either
permanent or removable letter form.
.5 County: The word county shall mean the County of
Carteret.
.6 Enforcement Officer: For the purposes of this Section,
the word Enforcement Officer shall mean the Zoning
Enforcement Officer and, when applicable, the Building
Inspector.
.7 Erect: To build, construct, attach, hang, place,
suspend, or affix a sign.
.8 Face of Sign: The area of a sign on which the copy is
placed.
.9 Flashing: A light which intermittently flashes on and
off.
.10 Height of Sign: The vertical distance measured from
the highest point of the sign to the surface grade beneath
the sign.
.11 Indirect Illumination: A sign which is lighted by a
light source not seen directly.
.12 Internal Illumination: A sign whose light source is
concealed or contained within the sign itself, and which
becomes visible in darkness by shining through a translucent
51 6/15/90

surface.
•
.13 Lot: A portion of a subdivision, or any other parcel
of land intended as a unit for transfer of ownership or for
development, or both. In determining the area and
dimensions of a lot, no part of the right -of --way of a road
may be included.
.14 Lot Line: A line dividing one lot from another or from
a street or water body.
.15 Maintenance: The cleaning, painting, repair or
replacement of defective parts of a sign in a manner that
does not alter the basic copy, design or structure of the
sign.
.16 Owner: A person recorded as such on official records.
For the purposes of this Section, the owner of property on
which a sign is located is presumed to be the owner of the
sign unless facts to the contrary are officially recorded or
otherwise brought to the attention of the Enforcement
Officer (e.g., a sign leased from a sign company).
.17 Parcel: A parcel shall be defined as one or more lots
which may be used singularly or as a unit such as an office
complex or business complex.
.18 Premises: A parcel of land with its appurtenances and
buildings which, because of its unity of use, may be
regarded as a unit of real estate.
.19 Principal Use: The use which constitutes the primary
activity, function or purpose to which a parcel of land or
building is put.
.20 Public Body: Any government or governmental agency of
the County of Carteret, the State of North Carolina or the
United States of America.
.21 Semi -Public Body: Any organization operating as a
non-profit activity and serving a public purpose or service.
Shall include such organizations as non-commercial clubs,
lodges, theater groups, recreational and neighborhood
associations, cultural activities and schools.
.22 Sign Area: That area enclosed by one continuous line,
connecting the extreme points or edges of a sign. The area
shall be determined using the largest sign area or
silhouette visible at any one time from any one point. This
area does not include the main supporting sign structure,
but all other ornamental attachments, inner connecting
links, etc., which are not a part of the main supports of
52 6/15/90

w
the sign, are to be included in determining sign area. In
no case shall decorative features or landscaping at the base
of the sign obstruct the view of motorists.
.23 Special Events Display: A banner sign may be erected on
the premises of an establishment having a grand opening or
special event, provided that such signs shall be displayed
for a period not to exceed thirty (30) calendar days within
any twelve (12) month period.
.24 SIGNS: Any letter, figure, character, mark, plane,
point, marquee sign, design, poster, pictorial, picture,
stroke, stripe, line, trademark, reading matter or
illuminated surface which shall be so constructed, placed,
attached, painted, erected, fastened or manufactured in any
manner, whatsoever, so that the same shall be used for the
attraction of the public to any place, subject, person,
firm, corporation, public performance, article, machine or
merchandise, whatsoever, which are displayed in any manner
whatsoever, including out-of-doors. Types of Signs:
a) Abandoned Sign: A sign for which no legal owner can
be found.
b) Animated Sign: Any sign which uses movement or
change of lighting to depict action or to create a special
effect or scene.
c) Banner Sign: A sign intended to be hung either with
or without frames, possessing characters, letters,
illustrations, or ornamentations applied to paper, plastic,
or fabric of any kind. National flags, flags of political
subdivisions, and symbolic flags of any institution or
business shall not be considered banners for the purposes of
this ordinance. Banner signs shall be considered under the
Special Event Display definition.
d) Construction Sign: A sign which gives the name or
names of principal contractors, architects, and lending
institutions responsible for construction on the site where
the sign is placed, together with other information included
thereon.
e) Changeable Copy Signs: A sign that is designed so
that characters, letters, or illustrations can be changed or
rearranged without altering the face or the surface of the
sign. This shall also include the changing of copies on
billboards. Changeable copy signs, for the purposes of this
ordinance, shall mean signs on which the copy is changed
manually.
53 6/15/90

•
f) Directional/Informational Sign: An on —premise sign
giving directions, instructions or facility information and
which may contain the name or logo of an establishment but
no advertising copy (e.g., parking or exit and entrance
signs).
g) Directory Sign: A sign on which the names and
locations of occupants or the use of a building is given.
This shall include office buildings and church directories.
h) Double -Faced Sign: A sign with two faces.
i) Flashing Sign: A sign which contains an
intermittent or sequential flashing light source used
primarily to attract attention.
j) Freestanding Sign: Any mobile sign structure,
including portable signs, not securely attached to the
ground or to any other structure. This definition shall not
include trailer signs.
k) Government Sign: Any sign erected and maintained
by the City, County, State or Federal government for traffic
direction or for designation of or direction to any school,
hospital, historical site or public service, property or
facility.
1) Ground or Pole Sign: A sign which is supported by
structures or supports in the ground and independent of
support from any building.
m) Identification Sign: A sign whose copy is limited
to the name and address of a building, institution, or
person.
n) Illegal Sign: A sign which does not meet the
requirements of this ordinance and which has not received
legal non -conforming status and which does not have permit
authorization, if required, under the terms of the old
ordinance.
o) Illuminated Sign: A sign illuminated in any manner
by an artificial light source.
p) Nonconforming Sign: A sign which was erected
legally but which does not comply with subsequently enacted
sign restrictions and regulations or a sign which does not
conform to the sign code requirements but has received
approval from the Zoning Board of Adjustment.
q) Off -Premise, Commercial Sign: A sign structure
advertising an establishment, merchandise, service or
54 6/15/90

entertainment which is not sold, produced, manufactured, or
furnished at the property on which said sign is located
(e.g., "billboards").
r) On -Premise, Commercial Sign: A sign which pertains
to the use of the premises on which it is located. This
definition shall include ground or pole signs.
s) Political Sign: For the purposes of this
ordinance, a sign used in connection with a local, state or
national election or referendum.
t) Portable Sign: A sign which is mobile and which
may or may not have wheels.
u) Prohibited Sign: A sign which is not permitted in
the jurisdiction of this ordinance.
v) Real Estate Sign: A sign which is used to offer
for sale, lease or rent the property upon which the sign is
placed.
w) Roof Sign: A sign which extends above the ridge of
the roof.
x) Snipe Sign: A sign of any material whatsoever that
is attached in any way to a utility pole, tree or any object
other than a building, roof or sign post, located or
situated on public or private property.
y) Subdivision Signs: A sign(s) which identifies a
subdivision name and logo.
z) Three -Dimensional Sign: A sign which has heighth,
depth and bredth which incorporates an object into an
advertising sign (e.g., a three dimensional hamburger or
life-sized pig advertising a food place).
aa) Trailer Sign: A sign mounted on a vehicle normally
licensed by the state of North Carolina as a trailer and
used principally for advertising or promotional purposes.
bb) Wall Sign: A sign painted or mounted on the wall
of a building or structure.
2102. GENERAL REQUIREMEUM. No sign of any type nor any part
thereof shall be erected, painted, posted, reposted, placed,
replaced or hung in any zoning district except in compliance
with these regulations.
02102.1 Application Materials. Each application for a Zoning Permit
for a sign shall be made in writing and shall contain or
55 6/15/90

•
have attached the following information:
a) A drawing approximately to scale showing the design
of the sign, including dimensions, method of
attachment or support, source of illumination and
showing the relationship to any building or
structure to which it is or is proposed to be
installed;
b) A plot plan approximately to scale indicating the
location of the sign relative to property lines,
easements, buildings, streets and other on -premise
signs;
c) Two sets of plans to be submitted to the Building
Inspector, when required;
d) No zoning permit for a sign is required for a
construction sign, real estate sign or financial
institution sign related to the financing of the
project under construction, so long as it is not
over 15 square feet and there is not more than 4
feet from the bottom of the sign to the ground
thereunder.
Sign plans shall be submitted to the Zoning Enforcement
Officer for approval prior to the Building Inspector issuing
a Building Permit. A record of such applications and
actions taken shall be kept in the Planning Department.
2102.2 Signs Prohibited In All Districts. The following signs are
prohibited in all zoning districts:
a) Advertising signs resembling traffic signals,
traffic signs, emergency vehicles' flashing lights
and which are likely to be misconstrued by the
traveling public as being official governmental
signs or emergency warnings or which by their
distracting nature create a hazard to motorists;
b) Signs, except for off -premises signs allowed under
this Section, advertising an activity, business,
product or service no longer conducted on the
premises upon which the sign is located. Such
signage shall be removed within 90 days from the
date of termination of such activity. Upon failure
of the owner to remove such signs within the
prescribed time, the Zoning Enforcement Officer
shall take appropriate legal action to have such
sign removed;
56 6/15/90

c) Flashing, blinking, pulsating and portable signs or
signs with moving parts;
d) Signs, other than traffic, governmental or street
name signs or official signs, shall not be
permitted within any street right-of-way;
e) Roof signs;
f) Three-dimensional signs;
g) Beacon lights, animated signs, trailer signs and
snipe signs;
h) Portable signs.
2102.3 Illuminated Signs. No illuminated sign shall be so designed
or placed that direct or reflected light or glare
constitutes a hazard or annoyance to motorists or occupants
of adjoining properties.
2102.4 Determination of Sian Area. For the purposes of this
ordinance, the square footage area of any sign shall be
measured by the smallest area enclosed by one continuous
line connecting the extreme points or edges of the sign.
This includes lattice work, frame, border molding, lettering
and display area incidental to the sign's decoration.
2102.5 Maintenance. All signs, together with braces, guys and
supports shall at all times be kept in good repair. If at
any time a sign should become abandoned, unsafe, or poorly
maintained, the Zoning Officer shall notify the owner of the
sign of such condition, and upon failure of the owner to
correct such condition, the Zoning Officer shall take
appropriate legal action to have such sign repaired or
removed.
2103. ON -PREMISE, COPME2CIAL SIGNS. These signs shall comply with
all state and county building codes and the National
Electric Code. Clearance of signs is required from high
voltage power lines and signs shall be located in such a way
that they will maintain horizontal and vertical clearance of
all overhead electrical conductors in accordance with the
National Electric Code specifications, provided that no sign
shall be installed closer than ten (10) feet horizontally or
vertically from any conductor or public utility guy wire.
2103.1 On -premise signs shall be permitted in all zones provided
that the sign advertises the principal use of the lot and
meets the requirements of Section 2100.
57 6/15/90

2103.2 Noon -premise sign shall be located closer than ten (10)
s
feet from the right -of --way or five (5) feet from the side
property lines.
2103.3 One ground or pole on -premise sign shall be permitted per.
parcel, unless the use is located within a complex, such as
a business complex or office complex and shall not exceed
3/4 square foot to each linear foot of road frontage (e.g.,
100 feet of road frontage would allow a 75 square foot sign)
or the maximum sign area permitted in a district, whichever
is less. On -premise wall signs are permitted in any
district, but cannot exceed more than 50 percent of the
total wall area.
2103.4 The height of a ground or pole on -premise sign shall not
exceed twenty (20) feet in height from the grade of the
right-of-way or surface grade beneath the sign, whichever is
less. The clearance of a ground or pole on -premise sign
shall not be less than eight (8) feet from the grade of the
right-of-way or finished grade beneath the sign, whichever
is less. Signs may be located closer to surface grade if
the setback is increased by one (1) foot for every one (1)
foot closer to the ground the sign is located. Setback
examples are shown below:
Setback Clearance of Sign.
10 feet 8 feet
11 feet 7 feet
12 feet 6 feet
13 feet 5 feet
14 feet 4 feet
15 feet 3 feet
16 feet 2 feet
17 feet 1 foot
18 feet ground level
I e�y
;of i
I
I I minimulA .
I ti go — d.stancc
(• `, �' of bottom of
i-o
qinnd
Sign
2• �' I I I ��, I
i
setbo..ek
(distance From right-of"W4y)
58 6/15/90

•
2103.5 Signs which are placed parallel to the right-of-way shall be
permitted to be located at ground level ten (10) feet from
the right -of --way, as shown below:
I Signs pnm.l Icl to
nAht-ot'-way may be
located ai grovrd level
�R�G N� r•p` i•W `Ay
2103.6 No sign shall be erected at the intersections of streets,
driveways, or alleys in such a manner as to obstruct clear
vision.
103.7 On -premise signs may be illuminated by indirect or internal
illumination.
2103.8 No sign shall copy or simulate official govermental signs or
signals.
2103.9 Sign copy shall be submitted for all proposed signs to the
Planning Department. No sign shall have lewd or lascivious
letters, words, or characters designating the same.
2103.10 Special events displays are permitted provided that they are
in accordance with all Sections of this ordinance.
2103.11 In the event a business is located on a corner lot, two (2)
on -premise ground or pole signs shall be permitted per
parcel, provided that it is the intersection of two
thoroughfares (i.e., Highways 70, 24, 58, 101 and 12).
2103.12 No sign shall be placed within 50 feet of a lot zoned for
residential purposes unless the sign is permitted in
residential districts.
2104. OFF -PREMISE, COIT4MCIAL SIGNS. These signs shall comply
with all state and county building codes and the National
Electric Code. Clearance of signs is required from high
voltage power lines and signs shall be located in such a way
that they will maintain horizontal and vertical clearance of
all overhead electrical conductors in accordance with the
National Electric Code specifications, provided that no sign
59 6/15/90

be installed closer than ten (10) feet horizontally or
vertically from any conductor or public utility guy wire.
2104.1 Off -premise signs (billboards) shall be permitted as a
special use in the I-W zoning district. See Table of
Permitted and Special Uses.
2104.2 No off -premise sign shall be located closer than ten (10)
feet from the right -of --way or five (5) feet from the side
property lines.
2104.3 The height of an off -premise sign shall not exceed twenty
(20) feet in height from the grade of the right-of-way or
surface grade beneath the sign, whichever is less. The
clearance of an off -premise sign shall not be less than
eight (8) feet from the grade of the right-of-way or surface
grade beneath the sign, whichever is less.
2104.4 In no case shall an off -premise sign be located closer than
300 feet to an existing off -premise sign.
2105. SIGNS PERMITTED IN ALL DISTRICTS. A Zoning Permit shall be
required for all on- and off -premises signs, except those
identified in Section 2106. The following signs are
permitted in all districts, but the standards outlined below
apply: 0
2105.1 Permanent Subdivision Identification Sians. Permanent
subdivision identification signs shall not exceed
forty-eight (48) square feet in area. Such signs shall be
placed so as not to obstruct the view of traffic and may be
illuminated in such a fashion so as not to affect the view
of motorists.
2105.2 Non -Profit Organizations. Signs erected by non-profit
organizations shall not exceed fifteen (15) square feet.
2105.3 Churches or Public Bulletin Boards. Signs advertising
churches on premises or public bulletin boards shall not
exceed thirty-two (32) square feet in area. Such bulletin
boards may be illuminated.
2105.4 Off -Premise Church Signs. Signs identifying the name or
location of a church remote from the location of the church,
provided that such sign shall not exceed eight (8) square
feet in area. No such sign shall be illuminated or contain
moving parts.
2105.5 Agricultural Products Produced On -Premises. Signs
advertising agricultural products produced on the -premises,
shall not exceed fifteen (15) square feet. These signs is
shall be limited to two (2) signs per parcel and shall be
60 6/15/90

I,
temporary in nature.
2105.6 Temporary Construction Signs and Financial Institution
Signs. Temporary construction signs and financial
institution signs may be displayed in commercial and
industrial districts, not to exceed two (2) signs per
building site, and shall not exceed thirty-two (32) square
feet per sign. If the building site has more than one
hundred (100) linear feet of road frontage, an additional
one -quarter (1/4) square foot may be added for each one (1)
linear foot of road frontage. Such sign(s) must be removed
within seven (7) days after construction work has been
completed and the building occupancy permit has been issued.
Temporary construction signs and financial institution signs
not exceeding fifteen (15) square feet shall be allowed in
all residential districts.
2105.7 Temporary Real Estate Signs. Temporary real estate signs
may be displayed in commercial and industrial districts, one
(1) sign per building site not to exceed thirty-two (32)
square feet per sign. If the building site has more than
one hundred (100) feet of road frontage, an additional one
quarter (1/4) square foot may be added for each (2) linear
feet of road frontage over 100 feet. Such sign must be
removed after property has been transferred. Typical six
(6) square foot standard real estate signs are exempted from
this requirement.
These signs shall be limited to one (1) per street front,
one (1) per waterfront and one (1) per golf course front per
parcel.
Such signs shall not be placed within any public street
right -of --way. In the event that a real estate sign is
located on the waterfront portion of a lot in Carteret
County, a Coastal Area Management Act permit may be
required.
2105.8 Political Campaign Signs. Political signs exceeding
thirty-two (32) square feet may be posted on private
property, but a written consent of the landowner must be
presented upon application for a Zoning Permit. These signs
shall be removed within seven (7) days after the election.
In no case shall political signs be permitted within a
public right-of-way.
2106. ZONING PERMIT NOT REQUIRED. The following signs are
permitted in all districts unless indicated otherwise. A
Zoning Permit shall be required for all illuminated signs.
No Zoning Permit shall be required for the following signs:
61 6/15/90

.1 Signs erected by a governmental agency to regulate,
control or direct vehicular or pedestrian traffic;
.2 Legal notices, warnings, regulatory or informational
signs erected by a public agency;
.3 Signs required by law;
.4 "No trespassing" signs not exceeding fifteen (15) square
feet in area;
.5 Temporary real estate signs advertising a specific
property for sale, lease, rent or development, located on
said property, provided that such signs do not exceed
fifteen (15) square feet in area and are not illuminated.
These signs shall be limited to one (1) per street front,
one (1) per waterfront, and one (1) per golf course front
per parcel. Such signs shall not be placed within any
public street right-of-way. In the event the real estate
sign is located on the waterfront portion of a lot in
Carteret County, a Coastal Area Management Act permit may be
required;
.6 Typical six (6) square foot standard real estate signs;
.7 Temporary construction signs and financial institution
signs displayed in residential districts, one (1) sign per
parcel, not exceeding fifteen (15) square feet;
.8 Flags, emblems or insignia of any national, state or
political subdivision;
.9 Property number signs not exceeding one (1) square foot
in area and bearing only address numbers of premises or
other identification of premises not having commercial
connotations;
.10 Holiday decorations in season;
.11 Political signs not exceeding 32 square feet.
2107. SIGN REGULATIONS IN RESIDENTIAL DISTRICT'S. In addition to
the signs listed under Section 2105, the following
regulations shall apply in residential districts. All these
signs shall be required to have a Zoning Permit.
None of these signs shall be illuminated unless
otherwise allowed within this ordinance.
•
.1 No advertising sign shall be permitted in residential
districts except signs advertising an existing 0
non -conforming use, provided that such signs shall meet the
62 6/15/90

requirements for signs in B-1 districts, regardless of the
residential district within which the nonconforming use is
located. Such signs may be illuminated. When the
non -conforming use is discontinued, the sign must be
removed.
.2 All signs in the residential district requiring sign
zoning permit shall be set back a minimum of ten (10) feet
from any property line or street right-of-way.
.3 The maximum area for real estate signs in residential
districts is 15 square feet.
.4 Identification signs shall be permitted. They may be
ground or pole signs. The maximum area of identification
signs in residential districts is 15 square feet unless
otherwise stated.
.5 Churches, clubs, funeral homes, libraries, museums,
galleries, schools, public parks, community recreation
centers, home occupation, daycare centers and public utility
signs in residential districts shall be subject to the
following as to number and size and shall be placed parallel
to the right-of-way for safety:
.01 Churches, clubs, daycare centers, funeral homes,
libraries, museums, galleries, schools, public
parks, and community recreation centers shall be
permitted to have one (1) on -premise sign for each
street front, not exceeding six (6) feet in height
and not exceeding twenty (20) square feet in sign
area.
.02 Home occupations shall be permitted to have one (1)
on -premise sign not exceeding 4 feet in height and
not exceeding six (6) square feet in sign area.
.03 Public utilities shall be permitted one (1)
on -premise sign not exceeding six (6) feet in
height and not exceeding twenty-five (25) square
feet in sign area.
2108. SIGN REGULATIONS IN B-1 DISTRICT'S. In addition to the
requirements listed under other Sections of this ordinance,
the following regulations shall apply in B-1 districts:
No billboard or roof sign shall be permitted within B-1
districts.
Maximum square footage area for this district is 200 square
feet.
63 6/15/90

•
Signs permitted on the premises of special uses shall be
subject to all the restrictions listed under the B-1
district.
Signs on the premises of permitted uses in B-1 Districts
shall be subject to the following restrictions as to number
and size:
.1 Ground Signs: Not more than one (1) ground sign is
permitted per parcel unless such parcel is located on a
corner of two thoroughfares (i.e., Highways 101, 70, 24,
58 and 12). In that case, two (2) ground signs shall be
permitted, one (1) for each road front of the lot. In no
case shall the signs be any closer than 50 feet from the
intersection of the two roads.
.2 Special Events Displays: These shall be permitted
provided that they meet all the regulations of the
ordinance. The application for the permit shall have
the following additional information: length of time the
sign will remain. In no case shall this exceed thirty
(30) calendar days within a twelve (12) month period.
.3 Directional Signs: Directional signs not exceeding the
six (6) square feet per face shall be permitted. Not
more than two (2) directional signs shall be permitted
at each entrance.
.4 Menu boards shall be permitted.
.5 Wall signs shall be permitted in accordance with Section
2103.3.
No sign in this district shall be less than ten (10) feet
from the nearest street right-of-way or less than five (5)
feet from the side property line.
Notwithstanding the foregoing, signs which are located
parallel to the right-of-way shall be permitted to be
located at ground level ten (10) feet from the right-of-way.
2109. SIGN REGULATIONS IN B-2 DISTRICTS. In addition to the
requirements listed under other Sections of this ordinance,
the following regulations shall apply in B-2 districts:
No billboard or roof signs shall be permitted in B-2
districts.
Maximum square footage area for this district is 200 square
feet. 0
64 6/15/90

Signs on the premises of special uses shall be subject to
all the restrictions listed.
Signs on the premises of permitted uses in B-2 districts
shall be subject to the following restrictions as to number
and size:
.1 Ground Signs: Not more than one (1) ground sign is
permitted per parcel unless such parcel is located on a
corner of two thoroughfares (i.e., Highways 101, 70, 24,
58 and 12). In that case, two (2) ground signs shall be
permitted, one (1) for each road front of the lot. In no
case shall the signs be any closer than 50 feet from the
intersection of the two roads.
.2 Special Events Displays: These signs shall be permitted
provided that they meet all the regulations of the
ordinance. The application for the permit shall have the
following additional information: length of time the
sign will remain. In no case shall this exceed thirty
(30) calendar days within a twelve (12) month period.
.3 Directional Signs: Directional signs not exceeding six
(6) square feet per face shall be permitted. No more
than two (2) directional signs shall be permitted at
each entrance.
.4 Wall Signs: Wall signs shall be permitted in accordance
with Section 2103.3.
No sign in this district shall be less than ten (10) feet
from the nearest street right-of-way or less than five (5)
feet from the side property line.
Notwithstanding the foregoing, signs which are located
parallel to the right-of-way shall be permitted to be
located at ground level ten (10) feet from the right-of-way.
2110. SIGN REGULATIONS IN B-3 AND OP DISTRICTS. In addition to
the requirements listed under other Sections of this
ordinance, the following regulations shall apply in B-3 and
OP districts.
No billboard, special events displays or roof signs shall be
permitted in the B-3 and OP districts.
Maximum square footage area for these districts is 200
square feet.
Signs on the premises of special uses shall be subject to
all the restrictions listed under the B-3 and OP districts.
65 6/15/90

Signs on the premises of permitted uses in the B-3 and OP
•
zoning districts shall be subject to the following
restrictions as to number and size:
.1 Ground Signs: Not more than one (1) ground sign is
permitted per parcel unless such parcel is located on a
corner of two thoroughfares (i.e., Highways 101, 70, 24,,
58 and 12). In that case, two (2) ground signs shall be
permitted, one (1) for each road front of the lot. In no
case shall the signs be any closer than 50 feet from the
intersection of the two roads.
.2 Directory Signs: Directory signs shall be permitted
provided they are not visible from the highway
right-of-way. Maximum sign area shall be twelve (12) square
feet. The height of the sign shall not exceed eight (8) feet
and the bottom of the sign shall be not more than three (3)
feet from the ground thereunder.
.3 Wall Signs: Wall signs shall be permitted in accordance
with Section 2103.3.
No sign in these districts shall be less than ten (10) feet
from the nearest street right-of-way or less than five (5)
feet from the side property line. 0
Notwithstanding the foregoing, signs which are located
parallel to the right-of-way shall be permitted to be
located at ground level ten (10) feet from the right-of-way.
2111. SIGNS PERM=D IN MC, LIW and P-I DISTRICTS. In addition
to the requirements listed under other Sections of this
ordinance, the following regulations shall apply in MC, LIW
and P-I districts:
No billboard or roof signs shall be permitted in MC, LIW and
P-I districts.
Maximum square footage area for these districts is 200
square feet.
Signs on the premises of special uses shall be subject to
all the restrictions listed under the MC, LIW and P-I
districts.
Signs on the premises of permitted uses in the MC, LIW and
P-I districts shall be subject to the following restrictions
as to number and size:
.1 Ground Signs: Not more than one (1) ground sign is
permitted per parcel unless such parcel is located on a
corner of two thoroughfares (i.e., Highways 101, 70, 24,
•
66 6/15/90

58 and 12). In that case, two.(2) ground signs shall be
permitted, one (1) for each road front of the lot. In no
case shall the signs be any closer than 50 feet from the
intersection of the two roads.
.2 Directional Signs: Directional Signs not exceeding six
(6) square feet per sign face shall be permitted. No
more than two (2) directional signs shall be permitted
at each entrance.
.3 Wall Signs: Wall signs shall be permitted in accordance
with Section 2103.3.
No sign in these districts shall be less than ten (10) feet
from the nearest street right-of-way or less than five (5)
feet from the side property line.
Notwithstanding the foregoing, signs which are located
parallel to the right -of --way shall be permitted to be
located at ground level ten (10) feet from the right-of-way.
2112. SIGNS PERMITIED IN I-W DISTRICTS. In addition to the
requirements listed under other Sections of this ordinance,
the following regulations shall apply in I-W districts:
Off -premise, commercial signs shall be permitted in I-W
districts as a special use. See Section 2104.
Maximum square footage area for on- or off -premises signs in
these districts is 200 square feet.
No roof signs or special events displays shall be permitted
in I W districts.
Signs on the premises of special uses shall be subject to
all the restrictions listed.
Signs on the premises of permitted uses in I-W districts
shall be subject to the following restrictions as to number
and size:
.1 Ground Signs: Not more than one (1) ground sign is
permitted per parcel unless such parcel is located on a
corner of two thoroughfares (i.e., Highways 101, 70, 24,
58 and 12). In that case, two (2) ground signs shall be
permitted, one (1) for each road front of the lot. In no
case shall the signs be any closer than 50 feet from the
intersection of the two roads.
No sign in this district shall be less than ten (10) feet
from the nearest street right-of-way or less than five (5)
feet from the side property line.
67 6.15.90

Notwithstanding the foregoing; signs which are located
parallel to the right-of-way shall be permitted to be
located at ground level ten (10) feet from the right-of-way.
2113. NONCONFORCM SIGNS.
All signs existing on the effective date of this ordinance
may remain in place, and be maintained for four (4) years
after the effective date of this ordinance, subject to the
following requirements:
.1 No nonconforming sign shall be structurally altered so
as to change the shape, size, type or design of the
sign, nor shall any nonconforming sign be relocated.
.2 No nonconforming sign shall be allowed to remain after
the activity, business or use to which it relates has
been discontinued for a period of 90 days.
.3 If a nonconforming sign is damaged in such a manner
that the estimated expense of repairs exceeds fifty
percent (50%) of its replacement value, the sign shall
not be allowed to remain or be repaired and must be
removed.
Within four (4) years after the effective date of this
ordinance, all nonconforming signs shall be removed or
brought into compliance, unless such time is extended
pursuant to the following requirements:
.1 The owner of any nonconforming sign shall have the
right, within four (4) years from and after the
effective date of this ordinance to make application to
the Zoning Board of Adjustment for an extension of the
time within which such sign may be permitted to remain.
.1a If such sign is nonconforming only as to its specific
location on the premises, and can be removed or
relocated so as to conform with the requirements of the
section, then the time shall not be extended.
.lb If the sign is nonconforming as to its size, then the
time may be extended by the Zoning Board of Adjustment
one (1) calendar month for each one hundred dollars
($100.00) of the owner's unused investment in the sign.
The term "unused investment" shall mean the original
actual dollar cost less one hundred dollars ($100.00)
per month of age of the sign. This shall be effective
only upon presentation of reasonable evidence of
original cost of the sign.
•
68 6/15/90

•
.2 Any nonconforming sign created as a result of an
amerxIment to this ordinance shall have four (4) years
from the date of such amendment to conform to the
requirements of this Section.
2114. PENALnEs. Upon failure to comply with any of the above
requirements, the Zoning Enforcement Officer shall cause the
removal of any nonconforming sign as hereinafter provided:
•
•
.1 The Zoning Enforcement Officer or his designated agent
shall give the owner of the sign notice of the violation
by registered or certified mail. The notices shall
contain a brief statement of the particulars in which
this Section is violated and the manner in which such
violation is to be remedied.
.2 Failure to correct such violation within thirty (30)
days shall constitute a misdemeanor punishable by a fine
of not more than fifty dollars ($50.00), or by
imprisonment for not more than thirty (30) days. Each
day's continuing violation shall be a separate and
distinct offense.
69 6/15/90

3000. SPECIFIC USE REGULATIONS.
3001. Reserved.
3002. RA Rural Agricultural District.
This district encompasses those lands which are primarily
suited for agriculture, agriculturally related uses, low
density residential or woodlands.
Within the RA district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. A list of permitted and special uses
in the district follows:
Permitted Uses
Accessory Use or Buildings
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Bed and Breakfast
Boarding House
Boat Launching Ramp
Camp, Seasonal
Cemetery
Church
Club or Lodge
Country Club and Related
Dock or Pier (Private)
Duplexes and Triplexes
Dwelling, Single Family
Efficiency Unit
Family Care Home
Fruit or Vegetable Stand
Golf Course
Government Offices
Home Occupation
Manufactured Home
Uses
on Same Parcel as Produced
Non -Profit Recreational Facility
Public or Private School
Public Utility Substation
Stables (Private)
Swhmiing Pool (Private)
Tennis Court (Private)
Special Uses
Chicken Hatchery
Day Care Center
Family Day Care Center
Floating Structures
Funeral Home, Mortuary, Crematorium
Group Care Facility
Group Home
Kennel
•
•
70 6/15/90

Library, Museum, Art Gallery
Mausoleum
Model Unit Marketing Center
Swine Production
Stables (Public)
Swimming Pool (Public, Commercial)
Temporary Residential Mobile Home
Tennis Courts (Public, Commercial)
Residential Marina
3002.1 Dimensional Requirements.
Min.
Lot Area. . . . . . . . . 50,000
sq. ft.
Min.
Lot Width . . . . . . . . . . . .
150
feet
Min.
Front Setback . . . . . . . . . .
. 50
feet
Min.
Side Yard . . . . . . . . . . . .
. 10
feet
Min.
Rear Yard . . . . . . . . . . . .
. 30
feet
Max.
Height. . . . . . . . . . . .
. 35
feet
Min.
Side Yard on Street Right -of -Way.
. 20
feet
3002.2 Signs. Signs are permitted in the RA district in accordance
with the provisions of Section 2100.
�02.3 Off -Street Parking. Development of any use in the RA
district must conform to the parking and loading standards in
Section 2000.
3002.4 Institutional Uses. Development of any institutional use in
the RA district must conform to the requirements set forth in
Section 1624.
3003. R-35 Single -Family Residential District.
This district is suited for low density single-family
residential dwellings in environmentally sensitive areas.
The minimum lot size is 35,000 square feet.
Within the R-35 district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
in this district follows:
Permitted Uses
Accessory Use and Buildings
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Bed and Breakfast
Boarding House
Boat Launching Ramp
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Camp, Seasonal
Cemetery
Club or Lodge
Country Club and Related Uses
Dock or Pier (Private)
Duplexes and Triplexes
Dwelling, Single -Family
Efficiency Unit
Family Care Home
Fruit or Vegetable Stand on Same Parcel as Produced
Golf Course
Government Offices
Home Occupation
Non -Profit Recreational Facility
Public or Private School
Public Utility Substation
Residential Marina
Swimming Pool (Private)
Tennis Courts (Private)
Special Uses
Church
Day Care Center
Family Day Care Center
Floating Structures
Funeral Home, Mortuary, Crematorium
Group Care Facility
Group Home
Kennel
Library, Museum, Art Gallery
Mausoleum
Model Unit Marketing Center
Stables (Private)
Stables (Public)
Swimming Pool (Public, Commercial)
Tennis Courts (Public, Commercial)
3003.1 Dimensional Requirements.
Min.
Lot Area. . . . . . . . . . . . 35,000
sq. ft.
Min.
Lot Width . . . . . . . . . . . .
120
feet
Min.
Front Setback . . . . . . . . . .
. 40
feet
Min.
Side Yard . . . . . . . . . . . .
. 10
feet
Min.
Rear Yard . . . . . . . . .
. 30
feet
Max.
Height. . . . . . .
. 35
feet
Min.
Side Yard on Street Right -of -Way.
. 20
feet
3003.2 Signs. Signs are permitted in the R-35 district in
accordance with the provisions of Section 2100.
3003.3 Off -Street Parking. Development of any use in the R-35
district must conform to the parking and loading standards in
0
•
•
72 6/15/90

Section 2000.
3003.4 Institutional Uses. Development of any institutional use in
the R-35 district must conform to the requirements set forth
in Section 1624.
3004. R-20 Single -Family Residential District.
A single-family residential district established to maintain
a density of approximately two units per acre with a 20,000
square foot minimum lot size.
Within the R-20 district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
in this district follows:
Permitted Uses
Accessory Use and Buildings
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Bed and Breakfast
Boat Launching Ramp
Cemetery
Dock or Pier (Private)
Duplexes and Triplexes
Dwelling, Single -Family
Efficiency Unit
Family Care Home
Golf Course
Government Offices
Non -Profit Recreational Facility
Public or Private School
Public Utility Substation
Residential Marina
Swimming Pool (Private)
Tennis Courts (Private)
Special Uses
Boarding House
Camp, Seasonal
Church
Club or bodge
Country Club and Related Uses
Day Care Center
Family Day Care Center
Floating Structure
Fruit or Vegetable Stand on Same Parcel as Produced
73 6/15/90

Funeral Home, Mortuary, Crematorium
Group Care Facility
Group Home
Home Occupation
Kennel
Library, Museum, Art Gallery
Mausoleum
Model Unit Marketing Center
Stables (Private)
Swimming Pool (Public, Commercial)
Tennis Courts (Public, ComTercial)
3004.1 Dimensional Requirements.
Min.
Lot Area. . . . . . . . . . . . 20,000 sq. ft.
Min.
Lot Width . . . . . . . . . . . .
100
feet
Min.
Front Setback . . . . . . . . . .
. 30
feet
Min.
Side Yard . . . . . . . . . . . .
. 10
feet
Min.
Rear Yard . . . . . . . . . . . .
. 30
feet
Max.
Height. . . .
35
feet
Min.
Side Yard on Street Right -of -Way.
. 20
feet
3004.2 Signs. Signs are permitted in the R-20 district in
accordance with the provisions of Section 2100.
3004.3 Off -Street Parking. Development of any use in the R-20
district must conform to the parking and loading standards in
Section 2000.
3004.4 Institutional Uses. Development of any institutional use in
the R-20 district must conform to the requirements set forth
in Section 1624.
3005. R-15 Single -Family Residential District.
A single-family residential district requiring a minimum of
15,000 square feet per lot if public water or sewer is
available.
Within the R-15 district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
in this district follows:
Permitted Uses
Accessory Use and Buildings
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Bed and Breakfast
Boat Launching Ramp
•
Is
C7
74 6/15/90

•
Cemetery
Dock or Pier (Private).
Duplexes and Triplexes
Dwelling, Single -Family
Efficiency Unit
Family Care Home
Golf Course
Gaverimient Offices
Non -Profit Recreational Facility
Public or Private School
Public Utility Substation
Residential Marina
Swimming Pool (Private)
Tennis Courts (Private)
Special Uses
Boarding House
Camp, Seasonal
Church
Club or Lodge
Country Club and Related Uses
Day Care Center
Family Day Care Center
Floating Structure
Fruit or Vegetable Stand on Same Parcel as Produced
Funeral Home, Mortuary, Crematorium
Group Care Facility
Group Hame
Home Occupation
Kennel
Library, Museum, Art Gallery
Mausoleum
Model Unit Marketing Center
Stables (Private)
Swimming Pool (Public, Cormnercial)
Tennis Courts (Public, Co mnercial)
3005.1 Dimensional Requirements:
Min. lot Area (no public water or sewer) . 20,000 square feet
Min. Lot Area (public water or sewer). . . 15,000 square feet
Min.
Lot Width . . . . . . . . . . . . . .
. . 80
feet
Min.
Front Setback . . . . . . . . . . . .
. . 20
feet
Min.
Side Yard . . . . . . . . . . . . . .
. . 10
feet
Min.
Rear Yard . . . . . . . . . . . . . .
. . 25
feet
Max.
Height. . . . .
Min.
Side Yard on Street Right -of --Way. . .
. . 20
feet
�05.2 Signs. Signs are permitted in the R-15 district in
accordance with the provisions of Section 2100.
75 6/15/90

3005.3 Off -Street Parking. Development of any use in the R-15
district must conform to the parking and loading standards in
Section 2000.
3005.4 Institutional Uses. Development of any institutional use in
the R-15 district must conform to the requirements set forth
in Section 1624.
3006. R-15M Single -Family Residential District
A residential district requiring a minimum of 15,000 square
feet per lot if public water or sewer is available. This
district allows manufactured homes or residential structures
built as per Volume 1B of the North Carolina Building Code.
Within the R-15M district, no lot, building or structure
shall be erected which is intended or designed for any other
use than the uses specified on the Table of Permitted and
Special Uses in Section 3400. A list of permitted and
special uses in this district follows:
Permitted Uses
Accessory Use and Buildings
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Bed and Breakfast
Boat Launching Ramp
Cemetery
Dock or Pier, Private
Duplexes and Triplexes
Dwelling, Single -Family
Family Care Home
Golf Course
Government Offices
Manufactured Home
Non -Profit Recreational Facility
Public or Private School
Public Utility Substation
Residential Marina
Swimming Pool (Private)
Tennis Courts (Private)
Special Uses
Boarding House
Camp, Seasonal
Church
Club or Lodge
Country Club and Related Uses
Day Care Center
•
•
76 6/15/90

Efficiency Unit
Family Day Care Center
Floating Structures
Fruit or Vegetable Stand on Same Parcel as Produced
Funeral Home, Mortuary, Crematorium
Group Care, Facility
Group Home
Hamm Occupation
Kennels
Libraries, Museums, Art Galleries
Mausoleum
Model Unit Marketing Center
Stables (Private)
Swimming Pool (Public, Commercial)
Temporary Residential Mobile Home
Tennis Courts (Public, Commercial)
3006.1 Dimensional Requirements:
Min. Lot Area (no public water or sewer) . 20,000 square feet
Min. Lot Area (public water or sewer). . . 15,000 square feet
Min.
Lot Width . . . . . . . . . . . . . .
. . 80
feet
Min.
Front Setback . . . . . . . . . . . .
. . 20
feet
Min.
Side Yard . . . . . . . . . . . . . .
. . 10
feet
Min.
Rear Yard . . . . . . . . . . . . . .
. . 25
feet
Max.
Height . . . . . . . . . . . . . . . .
. . 35
feet
Min.
Side Yard on Street Right -of -Way.
20
feet
3006.2 Signs. Signs are permitted in the R-15M district in
accordance with the provisions of Section 2100.
3006.3 Off -Street Parking. Development of any use in the R-15M
district must conform to the parking and loading standards in
Section 2000.
3006.4 Institutional Uses. Development of any institutional use in
the R-15M district must conform to the requirements set forth
in Section 1624.
3007. R-10 Residential District.
A residential district allowing a minimum of 10,000 square
feet if public water and sewer facilities are available or
15,000 square feet if public water or sewer facilities are
available and 20,000 square feet if neither service is
available.
Within the R-10 district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. A list of permitted and special uses
77 6/15/90

for this district follows:
Permitted Uses
Accessory Use and Building
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Apartment
Boat Launching Ramp
Cemetery
Dock or Pier (Private)
Duplexes and Triplexes
Dwelling, Single -Family
Family Care Home
Golf Course
GavernTent Offices
Group Housing, Multi -Family
Non -Profit Recreational Facility
Public or Private School
Public Utility Substation
Residential Marina
Swiming Pool (Private)
Tennis Courts (Private)
Townhouse
Snecial Uses
Bed and Breakfast
Boarding House
Camp, Seasonal
Church
Club or Lodge
Country Club and Related Uses
Day Care Center
Efficiency Unit
Family Day Care Center
Floating Structure
Funeral Home, Mortuary, Crematorium
Group Care Facility
Group Home
Home Occupation
Libraries, Museums, Art Galleries
`Mausoleum
Model Unit Marketing Center
Swinming Pool (Public, ComTe=ial)
Tennis Courts (Public, Commercial)
3007.1 Dimensional Requirements.
Min.
Lot Area (no public water or sewer)
. 20,000
sq. ft.
Min.
Lot Area (public water or sewer). .
. 15,000
sq. ft.
Min.
Lot Area (public water and sewer) .
. 10,000
sq. ft.
Min.
Lot Width (public water or sewer) .
. . . 80
feet
•
•
78 6/15/90

•
Min. Lot Width (public water and sewer).
Min. Front Setback . . . . . . . . . . .
Min. Side Yard . . . . . . . . . . . . .
Min. Rear Yard . . . . . . . . . . .
Max. Height. . . .
Min. Side Yard on Street Right -of Way. .
. 60
feet
. 20
feet
. . 10
feet
. . 25
feet
. . . 35
feet
. . . 20
feet
3007.2 Signs. Signs are permitted in the R-10 district in
accordance with the provisions of Section 2100.
3007.3 Off -Street Parking. Development of any use in the R-10
district must conform to the parking and loading standards in
Section 2000.
3007.4 Institutional Uses. Development of any institutional use in
the R-10 district must conform to the requirements set forth
in Section 1624.
3007.5 Group Development Projects. Group development projects are
permitted in the R-10 district in accordance with the
provisions of Section 3400.
1008. C-C Church Campus District.
A religious education and recreation use district intended to
facilitate the orderly growth of church -related uses.
Within the C-C district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
for this district follows:
Permitted Uses
Accessory Use or Building
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Automobile Parking Deck
Camp, Seasonal
Cemetery
Church
Dock or Pier (Private)
Government Offices
Libraries, Museums, Art Galleries
Mausoleum
Offices
Parsonage
Public or Private School
Public Utility Substation
Swinmung Pool (Private)
79 6/15/90

Tennis Courts (Private)
Theatre, Indoor
Theatre, Outdoor
Vending Machines Located Outdoors
Special Uses
Colleges and Related Facilities
Floating Structures
3008.1 Dimensional Requirements.
Min.
Lot Area. . . . . . . . . . .
. 5 acres
Min.
Lot Width . . . . . . . . . . . .
. .
None
Min.
Front Setback . . . . . . . . . .
. 20
feet
Min.
Side Yard . . . . . . . . . . . .
. 10
feet
Min.
Rear Yard . . . . . . . . . . . .
. 25
feet
Max.
Height. . . .
35
feet
Min.
Side Yard on Street Right -of -Way.
. 20
feet
3008.2 Signs. Signs are permitted in the C-C district in accordance
with the provisions of Section 2100.
3008.3 Off -Street Parking. Development of any use in the C-C
district must conform to the parking and loading standards in
Section 2000.
3008.4 Screening/Buffering. Screening and buffering shall be
required in accordance with the provisions of Section 1601.
3009. OP Office and Professional District.
An office district established to provide controlled office,
institutional and professional office development.
The OP Office and Professional district has been established
to create a district exclusively for office, institutional
and professional complexes.
Within the OP district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
for this district follows:
Permitted Uses
Accessory Use and Building
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Armories for Meeting and Military Training
•
•
•
80 6/15/90

Assembly Hall
Automobile Parking Deck
Banks and Other Financial Institutions
Civic Center
Colleges and Related Facilities
Convalescent Home
Day Care Center
Funeral Home, Mortuary, Crematorium
Goverment Offices
Hospital, Health, Sanitarium Care
Laboratory: Medical, Dental, Optical
laboratory, Research
Libraries, Museums, Art Galleries
Motel, Hotel, Motor Court
Non -Profit Recreational Facility
Offices
Public or Private School
Public Utility Office
Public Utility Substation
Residential Hotel
Restaurant, Not Drive -In
TV, Radio Broadcasting Studio
TV, Radio Transmitting Tower
Vending Machines located Outdoors
Special Uses
Group Care Facility
Floating Structure
3009.1 Dimensional Requirements.
Min.
Lot Area. . . . . . . . . . . . 30,000
sq. ft.
Min.
Lot Width . . . . . . . . . . . .
100
feet
Min.
Front Setback . . . . . . . .
. 40
feet
Min.
Side Yard . . . . . . . . . .
. 10
feet
Min.
Side and Rear Yard When Adjacent
to Railroad Rights -of -Way . . . . . .
. 0
feet
Min.
Rear Yard . . . . . . . . . . . .
. 25
feet
Max.
Height.
35
feet
Min.
Side Yard on Street Rightrof-Way.
. 15
feet
3009.2 Signs. Signs are permitted in the OP district in accordance
with the provisions of Section 2100.
3009.3 Off -Street Parking. Development of any use in the OP
district must conform to the parking and loading standards in
Section 2000.
9.4 Screening/Buffering_ Screening and buffering shall be
required in accordance with the provisions of Section 1601.
81 6/15/90

3010. B-3 Planned Business District.
A business district established to provide controlled
shopping center development.
The B-3 Planned Business District has been established to
create a district exclusively for retail shopping center
complexes.
Within the B-3 District, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
for this district is as follows:
Permitted Uses
ABC Store
Accessory Use or Building
Agricultural Uses/Bona Fide Farms
Aquacultural Uses
Automobile Parking Deck
Banks and Financial Institutions
Barber Shop/Beauty Shop, etc.
Billiard or Pool Hall
Building Materials/Garden Supplies
Church
Club or Lodge
Civic Center
Dry Cleaning/Laundry Establishment
Fruit or Vegetable Stand on Same Parcel as Produced
General Merchandise Store
Government Offices
Hospital, Health, Sanitarium Care
Mail Order House
Marine Equipment Store
Miscellaneous Retail
Offices
Public or Private School
Public Utility Substation
Motor Vehicle Service Station
Restaurant, Drive -In
Restaurant, Not Drive -In
Sale of Alcoholic Beverages in Retail Establishments
Theatre, Indoor
Vending Machine Located Outdoors
Special Uses
Ambulance Service (Private)
Animal Hopital/Veterinary Clinic
82 6/15/90

L---j
Auction Sales
Circus, Carnival, Fair or Side Show of no more than 30
Days
Entertainment Facilities (Bars, Cabarets, Discos, etc.)
Floating Structures
For Profit Recreational Facility
Kennels
Printing and Publishing
Theatre, Outdoor
TV, Radio Broadcasting Studio
TV, Radio Transmitting Tower
3010.1 Dimensional Requirements.
Min. Lot Area. . . . . . . . . . . . 30,000 sq. ft.
Min. Lot Width . . . . . . . . . . . . 100 feet
Min. Front Setback . . . . . . . 40 feet
Min. Side Yard . . . . . . . . . . . . . 10 feet
Min. Side and Rear Yard When Adjacent
to Railroad Rights -of -Way . . . . . . . 0 feet
Min. Rear Yard . . . . . . . . . . . 25 feet
Max. Height. . . . . . . . . . . . . 35 feet
Min. Side Yard on Street Right -of -Way. . 15 feet
If a B-3 district adjoins a residential district, the minimum
setback or yard requirement for the lot line located adjacent
to the residential district shall equal the minimum setback
or yard requirement plus one half. (Example: minimum side
yard in a B-3 district adjoining a residential district would
equal 15 feet.)
3010.2 Signs. Signs are permitted in the B-3 district in accordance
with the provisions of Section 2100.
3010.3 Off -Street Parking. Development of any use in the B-3
district must conform to the parking and loading standards in
Section 2000.
3010.4 Screening/Buffering. Screening and buffering shall be
required in accordance with the provisions of Section 1601.
3011. B-2 Marine Business District.
A business district established for marine -related
businesses.
Within the B-2 district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
for this district follows:
83 6/15/90

Permitted Uses
Accessory Use or Building
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Automobile Parking Deck
Boat launching Ramp
Boat Sales, Service and Repair
Boat Storage Yard
Business Residence
Cemetery
Club or Lodge
Comwxcial Marina
Drystack Boat Storage
Electrical Repair Shops
Entertainment Facilities (Bars, Discos, Cabarets, etc.)
Fishing Pier
Fishing Ranch
Government Offices
Laboratory, Research
Libraries, Museums, Art Galleries
Marine Equipment Store
Marine Railway Yard
Marine Research Facility
Motel, Hotel, Motor Court
Offices
Public or Private School
Public Utility Substation
Residential Hotel
Sale of Alcoholic Beverages in Retail
Seafood Processing, Handling, Storage
Swimming Pool (Public, Commercial)
Tennis Courts (Public, Commercial)
Vending Machines located Outdoors
Yacht and Boating Club
Special Uses
Establishments
and Sales Facility
Automobile/Boat Washing Establishment
Boat Building
Convenience Store
Floating Structures
For Profit Recreational Facility
Piers, Wharves, Deepwater Berth Facilities for Cargo,
Marine, Research and Commercial Fishing Vessels
Restaurant, Not Drive -In
Theatre, outdoor
3011.1 Dimensional Requirements.
Min. Lot Area (no public water or sewer) . 20,000 sq. ft.
Min. Lot Area (public water or sewer). . . 15,000 sq. ft.
Min. Lot Area (public water and sewer) . . 10,000 sq. ft.
•
•
84. 6/15/90

•
Min. Lot Width . . . . . . .. . . . . . . .
Min. Front Setback . . . . . . . . . . . . . .
Min. Side Yard . . •. . . . . . . . .
Min. Side and Rear Yard When Adjacent
to Railroad Rights -of --Way or Navigable Water.
Min. Rear Yard . . . . . . . . . I. . . . . . .
Max. Height. . . . . . . . . . . . . . .
Min. Side Yard on Street Right -of --Way. . .
Min. Open Space. . . . . . .
Max. Project Area coverage including
Parking Areas and built -upon areas . . . . .
80 feet
40 feet
10 feet
0 feet
15 feet
45 feet
15 feet
35 percent
65 percent
If a B-2 district adjoins a residential district, the minimum
setback or yard requirement for the lot line located adjacent
to the residential district shall equal the minimum setback
or yard requirement plus one half. (Example: minimum side
yard in a B-2 district adjoining a residential district would
equal 15 feet.)
3011.3 Signs. Signs are permitted in the B-2 district in accordance
with the provisions of Section 2100.
3011.4 Off -Street Parking. Development of any use in the B-2
district must conform to the parking and loading standards in
Section 2000.
3011.5 Screening/Buffering. Screening and buffering shall be
required in accordance with the provisions of Section 1601.
3012. B-1 General Business District.
A business district intended for the use of general
businesses and other related uses.
Within the B-1 district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
for this district follows:
Permitted Uses
ABC Store
Accessory Uses or Buildings
Agricultural Uses/Bona Fide Farm
Ambulance Service, Private
Animal Hospital/Veterinary clinic
Apartment
Appliances (Retail/Maintenance)
Aquacultural Uses
Armories for Meeting and Military Training
85 6/15/90

Assenbly Hall
Auction Sales
Automobile/Boat Washing Establishment
Automobile Parking Deck
Automotive Dealers and Truck Sales
Banks and Financial Institution
Barber Shop/Beauty Shop, etc.
Billiard/Pool Hall
Boarding House
Boat launching Rapp
Boat Sales, Service and Repair
Boat Storage Yard
Building Materials/Garden Supplies
Bus and Taxi Terminal
Bus Repair and Storage
Business Residence
Church
Circus, Carnival, Fair and Side Show of no more than 30
days duration
Club or Lodge
Contractor's Office
Convenience Store
Country Club and Related Uses
Dry Cleaning/Laundry Establishment
Electrical Repair Shop
Entertainment Facilities (Bars, Discos, Cabarets, etc.)
Exterminating Services
Fabricating Shops (Wood, Metal, Upholstery, etc.)
Farm Implement Sales and Service
Fishing Camps
Fishing Pier
For -Profit Recreational Facility
Fruit or Vegetable Stand on Same Parcel as Produced
General Merchandise Store
Golf Course
Golf Course, Miniature
Golf or Baseball Driving Range
Government Offices
Handcrafting of Small Articles
Hospital, Health, Sanitarium Care
Kennels
laboratory: Medical, Dental, Optical
Libraries, Museums, Art Galleries
Mail Order House
Marine Equipment Store
Mausoleum
Mini Warehouses
Miscellaneous Retail
Mobile Home/Modular Home Dealer
Motel, Hotel, Motor Court
Motorcycle Sales and Repair
Motor Vehicle Repair Garage
Motor Vehicle Service Station
86
6/15/90

•
•
Newspaper Office and Incidental Printing
Non -Profit Recreational Facility
Offices
Overnight Camping Vehicle Storage
Printing and Publishing
Public or Private School
Public Utility Substation
Residential Hotel
Restaurant, Drive -In
Restaurant, Not Drive -In
Sale of Alcoholic Beverages in Retail Establishments
Skating Rink
Swimming Pool (Public, Commercial)
Tennis Courts (Public, Commercial)
Theatre, Indoor
Theatre, Outdoor
Trailer (Utility/Hauling) Sales and Rental
TV, Radio Broadcasting Studio
TV, Radio Transmitting Tower
Vending Machines Located Outdoors
Wholesale Nurseries/Greenhouses
Special Uses
Adult Establishments
Assembly of Prepared Parts into Finished Products
Cabinet/Woodworking Shop
Clothing Manufacturing
Cold Storage Plants
Contractor's Plant/Storage Yard
Convalescent Home
Day Care Center
Floating Structures
Junkyards
Manufactured Home Park
Other Communication Facilities
Public Utility Office
Public Utility Workshop and Storage
Recycling of Waste Matter
Signs (Manufacturing and Assembly)
Stables (Public)
Truck Terminal Activities
3012.1 Dimensional Requirements.
Min.
Lot Area (no public water or sewer)
. 20,000
sq. ft.
Min.
Lot Area (public water or sewer). .
. 15,000
sq. ft.
Min.
Lot Area (public water and sewer) .
. 10,000
sq. ft.
Min.
Min.
Lot Width . . . . . . . . . . . . .
Front Setback . . . . . . . . . . .
. . . 80
. . . 40
feet
feet
Min.
Side Yard . . . . . . . . . . . . .
. . . 10
feet
Min.
Side and Rear Yard When Adjacent
to Railroad Rights -of -Way . . . . . .
0
feet
87 6/15/90

Min. Rear Yard 20 feet
Max. Height. . . 35 feet
Min. Side Yard on Street Right -of -Way. . . . . 15 feet
If a B-1 district adjoins a residential district, the minimum
setback or yard requirement for the lot line located adjacent
to the residential district shall equal the minimum setback
or yard requirement plus one half. (Example: minimum side
yard in a B-1 district adjoining a residential district would
equal 15 feet.)
3012.2 Signs. Signs are permitted in the B-1 district in accordance
with the provisions of Section 2100.
3012.3 Off -Street Parkim. Development of any use in the B-1
district must conform to the parking and loading standards in
Section 2000.
3012.4 ScreeningZBuffering. Screening and buffering shall be
required in accordance with the provisions of Section 1601.
3013. MC Planned Mobile Home and Camp Park District.
A district allowing for the development of manufactured home
parks and travel trailer parks.
Within the MC district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
for this district follows:
Permitted Uses
Accessory Use or Building
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Campground
Dock or Pier (Private)
Fishing Camps
Government Offices
Manufactured Home
Manufactured Home Park
Offices
Public or Private School
Public Utility Substation
Swinnming Pool (Private)
Tennis Courts (Private)
Special Uses
•
•
88 6/15/90

•
Day Care Center
Floating Structures
Fruit or Vegetable Stand on Same Parcel as Produced
3013.1 Dimensional Requirements.
min.
Lot Area . . . . . . . . . . . . . .
. 3 acres
Min.
Lot Width . . . . . . . . . . . . .
. .
None
Min.
Front Setback . . . . . . . . . . .
. 40
feet
Min.
Side Yard . . . . . . . . . . . . .
. 10
feet
Min.
Rear Yard . . . . . . . . . . . .
. 15
feet
Max.
Height. . . . .
. 35
feet
Min.
Side Yard on Street Right -of -Way. .
. 20
feet
3013.2 Mobile home parks and campground developed in the MC district
shall be developed in accordance with the Carteret County
Mobile Home, Mobile Home Park and Travel Trailer (Camper)
Park Ordinance. Dimensional requirements for individual
lots/spaces located within the mobile home park or campground
are defined in the above -mentioned ordinance.
3013.3 Signs. Signs are permitted in the MC district in accordance
with the provisions of Section 2100.
13.4 Off -Street Parking. Development of any use in the MC
16 district must conform to the parking and loading standards in
Section 2000.
3013.5 Screening/Bufferinq., Screening and buffering shall be
required in accordance with the provisions of Section 1601.
3014. LIW Light Industrial Wholesale District.
A district planned and established for the location of
manufacturing and other related uses which would be
incompatible with business and residential areas.
Within the LIW district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. A list of permitted and special uses
for this district follows:
Permitted Uses
Accessory Uses and Buildings
Agricultural Uses/Bona Fide Farms
Aquacultural Uses
Armories for Meeting and Military Training
Assembly of Prepared Parts into Finished Products
Automobile Parking Deck
Boat Building
89 6/15/90

Bus Repair and Storage
Cabinet and Woodworking Shop
Clothing Manufacturing
Cold Storage Plant
Cooperage Works and Crafting Services
Contractor's Offices
Contractor's Plant/Storage Yard
Dry Cleaning/Laundry Establishment
Electrical Repair Shop
Electronic Machines, Equipment and Supplies
Exterminating Services
Fabricating Shops (Wood, Metal, Upholstery, etc.)
Fairground
Fiberglass Manufacturing
Furniture Manufacturing Plants
General Wholesaling
GoveTient Offices
Handcrafting of Small Articles
Industrial Sales/Repair of Equipment
Kennels
Laboratory: Medical, Dental, Optical
Laboratory, Research
Leather and Leather Products
Marine Research Facility
Mini -Warehouses
Motor Vehicle Repair Garage
Newspaper Office and Incidental Printing
Offices
Plastic Manufacturing
Printing and Publishing
Public Utility Offices
Public Utility Workshop and Storage
Public Utility Substation
Rubber Products
Seafood Processing, Handling, Storage and Sales
Facilities
Signs, Manufacturing and Assembly
Special Uses
Automobile Manufacturing
Bakery Plant
Boat Building
Boat Storage Yawl
Bus and Taxi Terminal
Chemical/Mineral Manufacturing,`Refining and Processing
Dairy Products Processing Plants
Fish Processing
Floating Structures
Freight Transportation Warehousing
Limber and Wood Products
Machinery except for Electrical
Manufacturing and Assembly
•
•
•
90 6/15/90

Menhaden Fish Scrap/Oil Processing
Miscellaneous Manufacturing
Other Communication Facilities
Overnight Camping Vehicle Storage
Pottery, Porcelain and Vitreous China Manufacturing
Recycling of Waste Matter
Stone, Clay, Glass and Concrete Products
Textile Manufacturing
Tire Recapping and Retreading
Tobacco Manufacturing
Transportation Equipment
3014.1 Dimensional Requirements.
Min. Lot Area. . . . . . . . . . . . . . . 1 acre
Min. Lot Width . . . . . . . . . . . . . 100 feet
Min. Front Setback . . . . . . . . . . . . 40 feet
Min. Side Yard . . . . . . . . . 20 feet
Min. Side and Rear Yard When Adjacent to
Railroad Rights -of -Way or Navigable Water 0 feet
Min. Rear Yard . . . . . . . . . . . . . 25 feet
Max. Height. . . 45 feet
Min. Side Yard on Street Right -of -Way. 30 feet
If a LIW district adjoins a residential district, the minimum
setback or yard requirement for the lot line located adjacent
to the residential district shall equal the minimum setback
or yard requirement plus one half. (Example: minimum side
yard in a LIW district adjoining a residential district would
equal 15 feet.)
3014.2 Signs. Signs are permitted in the LIW district in accordance
with the provisions of Section 2100.
3014.3 Off -Street Parking. Development of any use in the LIW
district must conform to the parking and loading standards in
Section 2000.
3014.4 Screeninq/Bufferinct. Screening and buffering shall be
required in accordance with the provisions of Section 1601.
3015. P-I Port Industrial District.
An industrial district developed exclusively for port -related
manufacturing and storage activities.
All uses listed below shall be required to be port -related.
Within the P-I district, no lot, building or„structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
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Uses in Section 3400. The list of permitted and special uses
for this district follows:
Permitted Uses
Accessory Uses and Buildings
Agricultural Use/Bona Fide Farm
Aquacultural Uses
Automobile Parking Deck
Boat Building
Boat Launching Ramp
Cold Storage Plant
Contractor's Offices
Contractor Plants and Storage Yard
Electronic Machines, Equipment and Supplies
Fabricating Shops (Wood, Metal, Upholstery, etc.)
Freight Transporation Warehousing
Foundries
General Warehousing
Government Offices
Grain Storage, Mini -Storage and Shipping
Industrial Equipment Sales and Repair
Lumber and Wood Products
Manufacturing and Assembly
Marine Railway Yawl
Marine Research Facility
Mining and Quarrying
Offices
Paper and Allied Products
Pharmeceutical Manufacturing
Piers, Wharves, Deepwater Berth Facilities for Cargo,
Marine Research and Commercial Fishing Vessels
Public Utility Substation
Primary Metal
Railroad Transportation Facility
Scrap Processing
Seafood Processing, Handling, Storage and Sales
Facilities
Stone, Clay, Glass and Concrete Products
Tobacco Sales Warehousing
Truck Terminal Activities
Vending Machines located Outdoors
special Uses
Bulk Storage of Flammable Fluids and Gases
Bus and Taxi Terminal
Chemical/Mineral Manufacturing, Refining and Processing
Commercial Marina
Cooperage Works and Crafting Services
Drystack Boat Storage
Fiberglass Manufacturing
Floating Structures
•
•
•
92 6/15/90

•
Machinery except for Electrical
Miscellaneous Manufacturing
Non -Profit Recreational Facility
Outer Continental Shelf Service and Supply Base
Petroleum and Related Products
Plastic Manufacturing
Rubber Products
Slaughter House
Textile Manufacturing
Tire Recapping and Retreading
Tobacco Manufacturing
Transportation Equipment
Wholesale Storage and Bulk Terminal
3015.1 Dimensional Requirements.
Min.
Lot Area . . . . . . . . . . . . . .
. 1
acre
Min.
Lot Width . . . . . . . . . . . . .
100
feet
Min.
Front Setback . . . . . . . . . . .
. 30
feet
Min.
Side Yard . . . . . . . . . . .
. 20
feet
Min.
Side and Rear Yard When Adjacent to
Railroad
Rights -of -Way and Navigable Water 0
feet
Min.
Rear Yard . . . . . . . . . . . . .
. 25
feet
Max. Height. . . . . . . . . . 60 feet
Min. Side Yard on Street Right -of -Way. 30 feet
If a P-I district adjoins a residential district, the minimum
setback or yard requirement for the lot line located adjacent
to the residential district shall equal the minimum setback
or yard requirement plus one half. (Example: minimum side
yard in a P-I district adjoining a residential district would
equal 15 feet.)
3015.2 Signs. Signs are permitted in the P-I district in accordance
with the provisions of Section 2100.
3015.3 Off -Street Parking. Development of any use in the P-I
district must conform to the parking and loading standards in
Section 2000.
3015.4 Screening/BufferiM. Screening and buffering shall be
required in accordance with the provisions of Section 1601.
3016. I-W Industrial and Wholesale District.
A district planned and established for the location of
manufacturing and other related uses which would be
incompatible with business and residential areas.
Within the I-W.district, no lot, building or structure shall
be erected which is intended or designed for any other use
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•
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. A list of permitted and special uses
for this district follows:
Permitted Uses
Accessory Uses and Buildings
Agricultural Uses/Bona Fide Farm
Alcohol Manufacturing and Related Products
Air Transportation/Airport
Aquacultural Uses
Assembly of Prepared Parts into Finished Products
Automobile Parking Deck
Automobile Manufacturing
Bakery Plants
Boat Building
Boat Launching Ramp
Bottling Plants
Breweries
Cabinet and Woodworking Shop
Cannery
Chemical/Mineral Manufacturing, Refining and Processing
Chicken Hatchery
Clothing Manufacturing
Cold Storage Plant
Contractor's Offices
Contractor's Plant/Storage Yard
Cooperage Works and Crafting Services
Dairy Products Processing Plants
Dry Cleaning/Laundry Establishment
Electronic Machines, Equipment and Supplies
Exterminating Services
Fabricating Ships (Wood, Metal, Upholstery, etc.)
Fairground
Fiberglass Manufacturing
Fish Processing
Food Processing/Manufacturing in Wholesale Quantities
Foundries
Freight Transportation Warehousing
Furniture Manufacturing Plants
General Warehousing
General Wholesaling
Government Office
Grain Storage, Mini -Storage and Shipping
Industrial Sales/Repair of Equipment
Junkyard
Kennels
Leather and Leather Products
D nber and Wood Products
Machinery except for Electrical
Manufacturing and Assembly
Marine Railway Yard
Marine Research Facility
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E
Menhaden Fish Scrap/Oil Processing
Mining and Quarrying
Miscellaneous Manufacturing
Motor Vehicle Repair Garage
Newspaper Office and Incidental Printing
Offices
Other Communication Facilities
Outdoor Shooting Range
Outer Continental Shelf Service and Supply Base
Paper and Allied Products
Pharmeceutical Manufacturing
Petroleum and Related Products
Piers, Wharves, Deepwater Berth Facilities for Cargo,
Marine Research and Commercial Fishing Vessels
Plastic Manufacturing
Pottery, Porcelain and Vitreous China Manufacturing
Primary Metal
Printing and Publishing
Public Utility Office
Public Utility Workshop and Storage
Public Utility Substation
Railroad Transportation Facilities
Recycling of Waste Matter
Rubber Products
Scrap Processing
Seafood Processing, Handling, Storage and Sales
- Facilities
Signs, Manufacturing -and Assembly___
Slaughter House
Sludge Disposal
Stone, Clay, Glass and Concrete Products
Swine Production
Textile Manufacturing
Tire Recapping and Retreading
Tobacco Manufacturing
Tobacco Sales Warehousing
Trailer (Utility/Hauling) Sales and Rental
Transportation Equipment
Truck Terminal Activities
Vending Machines located outdoors
Wholesale Nurseries/Greenhouses
Wholesale Storage and Bulk Terminal
Special Uses
Billboards/Off-Premise Signs
Bulk Storage of Flammable Fluids and Gases
Bus and Taxi Terminal
Bus,Repair and Storage
Drystack Boat Storage
Floating Structures
Landfill
Manufactured Home Park
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•
3016.1 Dimensional Requirements.
Min.
Lot Area . . . . . . . . . . . . . .
. 1
acre
Min.
Lot Width . . . . . . . . . . .
100
feet
Min.
Front Setback . . . . . . . . . . .
. 50
feet
Min.
Side Yard . . . . . . . . . . .
. 20
feet
Min.
Side and Rear Yard When Adjacent to
Railroad Rights -of --Way and Navigable Water 0
feet
Min.
Rear Yard . . . . . . . . . . . . .
. 30
feet
Max.
Height. . . . . . . . . . . .
. 45
feet
Min.
Side Yard on Street Right -of -Way. .
. 30
feet
If an I-W district adjoins a residential district, the
minimum setback or yard requirement for the lot line located
adjacent to the residential district shall equal the minimum
setback or yard requirement plus one half. (Example:
minimum side yard in an I W district adjoining a residential
district would equal 15 feet.)
3016.2 Signs. Signs are permitted in the I-W district in accordance
with the provisions of Section 2100.
3016.3 Off -Street Parking. Development of any use in the I-W
district must conform to the parking and loading standards in
Section 2000. 0
3016.4 ScreeniMZBufferiM. Screening and buffering shall be
required in accordance with the provisions of Section 1601.
•
96 6/15/90

3101. Efficiency Unit. Efficiency units may be established in
residential districts subject to the area, yard and height
regulations of those districts and the following
limitations:
.1 The efficiency units shall not contain more than 25
percent of the gross heated and/or cooled floor area of the
dwelling.
.2 The lot must meet the minimum lot size requirements
of the zoning district in which it is located.
3102. Car and Boat Washes Car and boat washes may be established
in the B-1 and B-2 districts subject to the area, yard and
height regulations of those districts and the following
limitations:
All washing facilities must be within an enclosed
building. Washing bays are permitted. Vacuuming facilities
may be outside the building but may not be located in any
required yawl area.
3103. Outdoor Amusement. Outdoor Commercial Amusements, such as
miniature golf, rides, commercial beaches, slides and
similar commercial enterprises are permitted in the B-1 and
B-2 districts. All uses, buildings and structures must be
at least 200 feet from any residential district.
3104. Cemeteries. Private or public cemeteries are permitted in
all districts in accordance with the requirements listed
below:
.1 Tombstones, crypts, monuments and mausoleum must be
located at least 25 feet from any side or rear lot line
which adjoins lots in a residential district and at least 10
feet from any side or rear lot line which adjoins lots in
non-residential districts. In any case, they must be at
least 40 feet from any street right-of-way.
.2 Buildings for the maintenance, management, rent and/or
sale of cemetery lots must be located at least 100 feet from
any lot lines which adjoin lots in any residential district.
Otherwise any such buildings must conform to the
requirements for principal uses in the district where they
are located.
3105. Residential Marinas.
Residential marinas approved as part of the development area
0 are permitted in all residential districts subject to the
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following limitations.
.1 Boat slips, piers and bulkheads are permitted,
however, no commercial activities shall be permitted.
Marinas may include any pump out facilities required
by water quality or other state or federal
regulations.
.2 A club house or similar facility which could normally
be included in a residential development may be
included with the marina facilities.
.3 Residential developments in which marinas are allowed
as accessory uses must receive preliminary approval
from the Planning Commission and, when appropriate,
the County Commissioners prior to issuance of any
county permits for the construction of the marina.
.4 Drystacks shall not be permitted in residential
development marinas.
.5 Signs calling attention to the marina other than those
for vehicular directional purposes located within the
development are not permitted.
.6 The number of slips may not exceed 1100 of the number
of units in the residential development. Each slip
over and above the number of units in the residential
development must be provided with two, parking spaces
in a specifically designed area.
3106. Country Clubs, Golf Courses, Tennis Clubs and Community
Recreation Centers. Country clubs, golf courses, tennis
clubs and community recreation centers are allowed on a
special use basis, unless otherwise stated in the Table of
Permitted and Special Uses, within any district subject to
the following requirements. When located in residential
districts, any enclosed buildings and parking areas must
meet the minimum setback and yard requirements for the
district in which it is located. Swimming pools must be
located at least,100 feet from lots in any residential
district.
3107. Group Developments. Procedure for approval shall be in
accordance with the "Carteret County Group Housing
Ordinance".
3108. Reserved.
•
•
98 6/15/90

•
3109. Junkyards. Junkyards, scrap metal, paper and rag storage
and processing, and similar uses are permitted in the I W
district. They must be enclosed by a non -climbable fence
and be screened in accordance with the standards of Section
1601. The fence must be located at least 20 feet from any
public street right-of-way and the screening must be at
least 8 feet high and adequate to conceal all storage from
public view.
3110. Kennels. Kennels are permitted by right in the I-W district
and by special use in the RA, R-35, R-20, B-1 and B-3
districts. The minimum lot size is one acre, and the kennel
building shall not be located any closer than 50 feet to any
property line. Kennels must be enclosed by a sound barrier
and be screened in accordance with the standards of Section
1601. Caretaker quarters shall be permitted.
3111. Business Residence. A business residence"nay be established
in the B-1 and B-2 districts subject to the yard
requirements and the following limitations:
.1 The residence may not exceed 50% of the gross floor area
of the business operation.
.2 The residence may be located above the business.
.3 In no case shall the residence be located in the front
yard of the business.
.4 The business residence must be within the same
structure.
3112. Motels, Motor Courts and Hotels. Motels, motor courts and
hotels may be established in business districts subject to
the area, yard and height regulations of the designated
districts and the following regulations:
.1 Associated commercial uses may be located only in a
motel, motor court or hotel having a minimum of 50 units.
.2 Public entry to commercial facilities must be from the
interior of the building. No direct public entrance from
the street or outside of the building is permitted.
I
.3 No merchandise or merchandise display window may be
visible from the outside of the building.
99 6/15/90

3113. Overnight Camping Trailers. Overnight camping trailers are
permitted to be stored unoccupied on lots in any district.
They are permitted in overnight camping trailer parks
subject to the provisions of the "Carteret County Mobile
Home, Mobile Home Park and Travel Trailer (Camper) Park
ordinance".
3114. Storage of 200,000 Gallons or Less of Petroleum. The
storage of 200,000 gallons or less of petroleum products is
permitted below ground as an accessory use tQ an automobile
service station in the B-1 district and a marina in the B-2
district. All petroleum storage facilities of this type
must comply with the North Carolina Building Code and NFPA
30.
3115. Automobile Service Stations. Automobile service stations
shall be permitted by right in the B-1 district subject to
the following limitations:
.1 Gasoline pumps and other appliances shall be located a
minimum of 15 feet from any property line.
.2 When an automobile service station adjoins a residential
district, the underground storage tanks shall be located a
minimum of 30 feet from the property line.
.3 All underground storage tank facilities shall comply with
the North Carolina Building Code and NFPA 30A.
3116. Stables, Private. Private stables housing horses, mules or
ponies shall be permitted by right in the RA district and by
special use in the R-35, R-20 and R-15M district subject to
the following limitations:
.1 The minimum lot size is one acre. The number of horses
allowed shall be limited to one horse per acre or when a
parcel is three acres or more and the dwelling thereon is
occupied by a single family, the number of horses may be
increased to match the nunber of family members living on
the premises.
.2 In no case shall private stables be the principal use of
a lot.
.3 All horses shall be confined within a fenced enclosure
suitably engineered and constructed for such use. The fence
100 6/15/90

shall be sturdily constructed with new material and
maintained in good repair and finish. In a subdivision with
an equestrian theme, the Restrictive covenants for said
subdivision may require all horse pasture fences to be
uniform in size, design and construction material.
.4 All stables shall be located 50 feet from all property
lines and shall not be used for residential occupancy.
3117. Commercial Marinas.
3117.1 Activities and possible uses on the marina property shall be
limited to wet boat storage, boat service and repairs, boat
accessory sales, ship's store, coffee shop, boat trailer
parking areas, automobile parking areas, launching ramp,
piers and boat petroleum service areas.
3117.2 Dimensional Requirements:
Minimum
land area . . . . . . . . . . . . . .
30,000
sq. ft.
Minimum
lot width . . . . . . . . . . . . . .
. 100
feet
Minimum
lot depth . . . . . . . . . . .
. 300
feet
Minimum
side yard requirement for structures.
. 30
feet
Minimum
front setback for structures. . . . .
. 50
feet
Maximum
building height . . . . . . . . . . .
. 45
feet
Maximum
project area coverage including
Parking areas and built upon areas . . . . .
. 65
percent
3118. Drystack Boat Storage.
3118.1 If permitted within the district, drystack boat storage
buildings may be used in conjunction with marinas provided
that the following conditions shall be adhered to:
.1 The drystack building shall be no closer than 30 feet
from any property line unless such property line abuts the
water.
.2 A buffer shall be constructed between the building and
any adjacent property line in accordance with Section 1601.
.3 Any drystack boat storage building in an I W district
must be located on a parcel abutting a surface water body.
3119. Duplexes and Triplexes. Duplexes and triplexes shall be
permitted in accordance with the Permitted and Special Use
Table, subject to the following limitations:
0
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•
.1 Duplex building lots shall be required to have the
minimum lot area required in the district, plus an
additional 10,000 square feet which shall be contiguous.
The minimum lot area for some districts may vary according
to whether public water and/or public sewer is available.
See Section 3000.
.2 Triplex building lots shall be required to have the
minimum lot area required in the district, plus an
additional 15,000 square feet which shall be contiguous.
The minimum lot area for some districts may vary according
to whether public water and/or public sewer is available.
See Section 3000.
3120. Floating Structures.
.1 Floating structures shall not be allowed or permitted
within the public trust waters of Carteret County except in
commercial marinas.
.2 Floating structures shall not be located within 15 feet
of the waterward extension of any property lines.
.3 No more than one dwelling unit shall be permitted per is
floating structure.
.4 Each floating structure shall be inspected and approved
by the Building Inspector prior to placement in a location
with approved sanitary facilities. This approval shall
include, but shall not be limited to, adequacy of the
electrical system and the method of exiting.
.5 Each floating structure shall be provided with permanent
water and on -shore sewage treatment systems approved by the
Carteret County Health Department or appropriate agency.
All wastewater piping from the unit shall be constructed to
the North Carolina Building Code. No overboard discharge
openings through the hull or structure shall be permitted
except for one dewatering pipe which may not be connected to
wastewater piping.
.6 A system for collection and removal of solid waste
(garbage) shall be approved by the Carteret County Health
Department.
.7 A minimum of two (2) off-street parking spaces per
floating structure shall be provided on -shore.
.8 A zoning permit is required for all floating structures.
102 6/15/90

•
.9 A site plan shall be submitted to the Carteret County
Planning Department prior to issuance of a zoning permit.
3121. Homeowners Associations. When a subdivision is developed
with private roads, common area and/or a private
infrastructure and contains more than ten lots, a homeowners
association which meets the following requirements shall be
established:
.1 When a plat or map is to be recorded, the maps or plat
shall contain a certificate indicating the book and page
number of the homeowners association covenants, conditions
and restrictions upon recordation of such covenants.
.2 Responsibilities for maintenance of private streets,
open space, recreation facilities, infrastructure and other
common areas shall be specified.
.3 Responsibilities for exterior maintenance of attached
dwelling units shall be specified, when necessary.
3122. Model Unit Marketing Center A model unit marketing center
shall include model homes, mobile homes and group housing
units located within a particular development project. The
model unit marketing center shall be used only for the
marketing and sales of said approved development project.
It shall carply with the following requirements:
.1 The model unit shall be constructed for the purposes of
sale as a residential unit and shall be utilized temporarily
as a model unit marketing center only during the period of
time in which the project developer is actively engaged in
the sale of property owned by the project developer within
the project in which the model unit is located.
.2 When the model unit is sold, the office may be relocated
to another model unit, but at no time shall more than one
marketing center be allowed per development project.
.3 All signs shall be in accordance with Section 2100.
.4 In addition to the requirements outlined in Section
2100, the model unit marketing center may display a placard
not exceeding four (4) square feet which is attached to the
model unit. Said placard shall indicate only that the unit
is the model unit/sales office.
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3200. CONDITIONAL USE DISTRICTS.
3201. Purpose.
3201.1 Conditional Use District. This ordinance contains
regulations which establish zoning districts and assign land
uses to one or more of these districts. The ordinance also
provides standards for development which regulate lot size,
yards, parking and open space. There are, however, certain
circumstances which often arise when a general zoning
district designation would not be appropriate for a certain
property, but a specific use permitted under the district
would be consistent with the objectives of this ordinance.
In order to accommodate this situation, this Section
establishes the conditional use district process.
The conditional use district process is established to
address those situations involving a rezoning when a
particular use may be acceptable but the general
classification which would allow that use would not be
acceptable. It allows the Board of County Commissioners to
approve a rezoning proposal for a specific use with
reasonable conditions to assure the compatibility of the use
with surrounding properties. Any use permitted under this
process must also conform to the development regulations for
the corresponding general zoning district. This is a
voluntary procedure which is intended for firm development
proposals. It is not intended or suited for securing early
zoning for tentative proposals which may not be undertaken
for some time.
3202. Application and Review Process.
The following process applies to the conditional use
district:
3202.1 Application. Rezoning petitions to establish a conditional
use district must be submitted to the Carteret County
Planning Department and will be processed in accordance with
the procedure for zoning amendments described in Section
1300, as well as the provisions of this Section. A
conditional use district classification will be considered
only if the application is made by the owner of the property
or his/her authorized agent. All applications must include a
schematic plan drawn to scale and any supporting text for the
ordinance amendment. The applicant should include at least
the items listed below:
.01 A boundary survey showing the total acreage, present
zoning classification(s), date and north arrow;
.02 The owners' names, addresses, and the tax parcel numbers
of all abutting properties as shown on the tax records
of Carteret County; 0
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.03 All existing easements, reservations and rights -of --way
and all yards required for the zoning district
requested;
.04 Proposed use of land and strucutures. For residential
uses, this should include the number of units and an
outline of the area where the structures will be
located. For non-residential uses, this should include
the approximate square footage of all structures and an
outline of the area where the structures will be
located;
.05 Traffic, parking and circulation plans, showing the
proposed locations and arrangement of parking spaces and
access points to adjacent streets.
3202.2 Additional Requirements. It may be necessary to request
additional information in order to evaluate a proposed use
and its relationship to the surrounding area. Therefore, the
Planning Commission and/or Board of County Commissioners may
request additional information as they deem necessary. This
information nay include, but is not limited to, the items
listed below:
.01 Proposed screening, including walls, fences or planting
JO areas as well as treatment of any existing natural
features;
.02 Delineation of areas within the regulatory flood zone as
shown on the official FIIMA flood zone maps for Carteret
County;
.03 Existing and proposed topography at 2-foot contour
intervals or less;
.04 Generalized information on the number, height, size and
the location of structures;
.05 Proposed number and location of signs;
.06 Proposed phasing, if any, and approximate completion
time of the project.
The application for a conditional use district must contain
information and/or site plans which indicate all of the
principal and accessory uses which are proposed to be
developed on the site. Subsequent to the approval of a
conditional use district, only those principal and accessory
uses indicated on the approved plan may be constructed on the
site. Any substantial modifications to an approved plan,
including any changes in the permitted principal or accessory
uses, must comply with the provisions of Section 3202.5.
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•
3202.3 Review and approval. In considering an application for the
establishment of a conditional use district, the Board of
County Ccumi.ssioners may attach reasonable and appropriate
conditions to the location, nature and extent of the proposed
use. Any conditions should relate to the relationship of the
proposed use to surrounding Property, Proposed support
facilities such as parking, screening and buffer areas, the
timing of development and other matters that the Board may
find appropriate or the petitioner may propose. The
conditions may not include architectural review or controls.
The petitioner will have a reasonable opportunity to consider
and respond to any such additional requirements prior to
final action by the Board of County Commissioners. If any
conditions are included as part of the rezoning, the
petitioner shall agree in writing to all applicable
conditions within thirty (30) days of the decision. The
conditional use approval will not become effective until such
written agreement is recorded in the Carteret County Register
of Deeds. If the petitioner does not agree to the conditions
in writing within thirty (30) days following the date of the
decision, the conditional use permit will be deemed null and
void.
In evaluating an application for the establishment of a
conditional use district, it is appropriate for the Board of
County Commissioners to consider the following: 0
.01 The policies and objectives of the Carteret County Land
Use Plan, particularly in relation to the use, proposed
site and surrounding area;
.02 The potential adverse impacts to the surrounding area,
of, but not limited, to traffic, storm water drainage,
land values and compatibility of land use activities.
In the review and approval of a conditional use district,
emphasis will be given to evaluation of the characteristics
of the specific use proposed in relationship to surrounding
properties. The Board of County Commissioners may also
consider the Permitted and Special Uses allowed under the
existing zoning classification in determining the
appropriateness of the the conditional use rezoning proposal.
3202.4 Effect of approval. If an application is approved, the
conditional use district that is established and all
conditions which may have been attached to the approval are
binding on the property. All subsequent development and use
of the property must be in accordance with the approved plan
and conditions.
The intent of this type of zoning is to provide an
alternative procedure for specific development proposals. It
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is intended that all property be rezoned only in accordance
with firm plans to develop. Therefore, three (3) years from
the date of approval, the Planning Commu ssion will examine
development progress made in accordance with approved plans
to determine if active efforts are proceeding. If it is
determined by the Planning Commission that active efforts to
comply with the approved plan are not proceeding, a report
will be forwarded to the Board of County Commissioners which
may recamTend that action be initiated to remove the
conditional district in accordance with the amendment
procedures outlined in Section 1300.
3202.5 Alterations to an approved conditional use district. Changes
to approved plans and conditions of development will be
treated the same as changes to the zoning map and will be
processed as an amerxhnent as provided for in Section 1300.
However, minor changes in the detail of the approved plan
which will not alter the basic relationship of the proposed
development to adjacent property, which will not alter the
uses permitted or increase the density or intensity of
development, and which will not decrease the off-street
parking ratio or reduce the yards provided at the boundary of
the site may be approved by the Planning Director without
going through the amendment process. The Planning Director,
at his (her) discretion, may elect not to allow any proposal
as a minor change and will, in that event, forward the
detailed application for changes to the Planning Commission
and/or Board of County Commissioners for their consideration.
3202.6 Issuance of a conditional use permit. If a petition for a
conditional use district is approved, the Board of County
Cmmnissioners will issue a conditional use permit authorizing
the use with any reasonable conditions that the Board of
County Commissioners determines are necessary in promoting
public health, safety and general welfare and any other
conditions deemed necessary. The conditional use permit
shall become effective after being duly recorded in the
Carteret County Register of Deeds.
3203. Permitted/Special Uses and Development Requirements.
Potential uses which may be considered for a conditional use
district are restricted to those Permitted and Special Uses
allowed in the zone assigned to that particular piece of
property. If application is made for a conditional use,
those uses listed as special uses will be exempted from the
normal requirement for a special use permit and replaced with
a conditional use permit. Uses permitted in conditional use
districts are subject to all applicable development standards
and requirements for that use listed in the corresponding
general zoning district.
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3204. Zoning Map Designation. Following Board of County
Ccsnnnissioners approval of a conditional use district, the
property so zoned will be identified on the zoning maps by
the appropriate parallel conditional use district
designation. This designation is the general zoning district
designation plus the letters "CU".
3205. Reserved.
3206. Flexible Planned Unit Development . Certain lame parcels
may require additional flexibility in design than is allowed
under the conditional use PUD overlay district standards.
This flexibility may be necessary to maximize environmental
protection, encourage open space dedication and to group
complementary land uses. Parcels containing acceptable
acreage may request the Flexible PUD. A mix of commercial,
single-family and group housing shall be allowed within the
Flexible PUD tract but the following criteria must be met:
.1 The overall density of single and multi -family units
shall not exceed 2.9 units per acre for the project's
net acreage. The net acreage shall mean the entire tract,
minus 10 percent for necessary infrastructure. Commercial
land uses shall not be included within the tract net
acreage.
.2 The total number of units (single- or multi -family)
shall not exceed 8 in rnmber for any single designated
acre within the project;
.3 No single-family units shall exceed 35' in height.
All other structures shall not exceed 50' in height from
its finished grade.
.4 Planned amenities including marinas and drystack
boat storage facilities (including repair and maintenance
facilities) shall be utilized primarily by the residents
within the PUD and only incidentally by transients. None
of these facilities shall be permitted adjacent to any
surface waters under current nomination or designated as
Outstanding Resource Waters by the State of North
Carolina. Any data which supports the use of these
amenities or recreational facilities solely by Flexible
PUD residents shall be made available to the Zoning
Enforcement Officer upon request.
.5 A centralized water and sewer system shall be
provided to serve all the residents or the buildings in
the total acreage designated as a Flexible PUD;
•
•
El
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.6 A Master Plan and schedule for future development
shall be provided at the time of Preliminary approval.
Each section or phase of the Master Plan shall be
recorded in Carteret County Register of Deeds after Final
approval by Carteret County Planning Commission and
Carteret County Board of Commissioners.
.7 Table of Permitted and Special Uses appropriate to
other districts shall not apply to the Flexible PUD
district.
3206.1 Application for a Flexible Planned Unit Development.
Application for a project as a Flexible PUD shall be
submitted and reviewed in accordance with the Carteret County
Subdivision Regulations. Master Plan plats shall be reviewed
by the Technical Review Committee and submitted to the
Planning Department for review by the Planning Commission.
All plats must be submitted to the Planning Department no
later than two weeks prior to the Planning Commission
meeting. The Planning Director shall submit the plan and the
Technical Review Committee's relation to the Planning
Commission. The Planning Commission shall subsequently make
advisory recommendations to the Board of County
Commissioners, which, following a public hearing held
pursuant to proper notice, shall make the final decision as
to whether the application and plat will be approved or
disapproved.
The following shall be shown on the plat:
.1 Proposed primary traffic circulation pattern.
a) All 404 wetland areas on the tract.
b) Proposed means of compliance with Division of
Environmental Management Stormwater Regulations.
.2 Proposed parks, tennis courts, swimming pools, beaches,
golf course, boating docks, playgrounds, community buildings,
commlon open space, etc;
.3 Proposed means of dedication of common open space areas
and facilities, and the organizational arrangements for the
ownership, maintenance, and preservation of cxmmion open
space, wetlands and stormwater management facilities;
.4 Delineation of the sections, units or phases to be
constructed in progression or sequence in a Master Plan
concept which will be the basis for approval subject to
accepted and approved changes by the Carteret County Planning
Commission and the Carteret County Board of Commissioners.
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•
.5 Tien required by the Planning Department, Planning
Commission, or the Board of County commissioners, an
enviroimiental impact statement will be submitted. The
specific issues necessitating the environmental impact
statement shall be described in writing to the applicant.
3207. Conditional Use Planned Unit Development Overlay.
3207.1 The Planned Unit Development district is established to
foster the blending of various land uses including, but not
limited to, residential, light commercial, office and
recreational structures, which would not otherwise be
possible under general district requirements. The purpose of
this district is to promote economical and efficient patterns
of land use which are sensitive to natural features and site
amenities and allow for the accumulation of large areas of
open space with the flexibility in design not afforded in
other residential zoning districts. The Planned Unit
Development district is intended to provide flexibility
within the constraints of the County's Land Use Plan in
situations where the owners of the property present a
development plan which is found to be in the public interest
and which provides necessary urban services and improvements
required by this ordinance and the County's policies for
growth and development.
The Planned Unit Development may focus on resort
amenities, such as golf, tennis, swimming, boating, with
occasional club buildings and supporting comTe=ial
establishments for the PUD residents and their guests. All
structures must be similar in design and structure to allow
for a blending among land uses. The dedication of common
open space shall be utilized as a tool to create a resort
atmosphere as well as enhance the visual character of the
development.
The PUD district shall be allowed as an overlay to the
existing residential districts. Development densities shall
follow the prescribed minimum lot size for the underlying
district, unless 1) density credits are applied to
individual lots in sections of the PUD according to the
requirements of the Density Bonus Chart, or 2) the Planned
Unit Development qualifies for varying development densities
under the Flexible PUD provision.
The PUD district requires approval of a master plan, as
well as preliminary and final plats for each section or
phase. The approval process is outlined in Section 3207.9 of
this ordinance.
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03207.2 District Regulations.
a) Minimum District Size - The PUD tract must consist of a
contiguous land area of acceptable size as deemed appropriate
by the Planning Commission. It must be under single
ownership or presented as a petition signed by all owners.
b) Maximum Building Height - The maximum building height for
residential, commercial, and office units is thirty-five (35)
feet. Group housing developments have a maximum height
restriction of fifty (50) feet.
c) Building Setback and Separation - Buildings located on
the periphery of the PUD tract must be set back a minimum of
thirty (30) feet from the PUD tract boundary line.
Structures taller than 35 feet shall be required to set back
30 feet plus an additional one (1) foot for each additional
two (2) feet in height. All structures shall be set back at
least ten (10) feet from all pedestrian and bicycle paths,
twenty-five (25) feet from all public and private streets,
and forty (40) feet along all US and NC numbered highways and
major thoroughfares as defined. In no case shall any part of
a detached, single-family dwelling be closer than twenty (20)
feet to any part of any other detached, single-family
dwelling and in no case shall any part of a multiple -dwelling
unit be located closer than thirty (30) feet to any part of
another dwelling unit or non-residential buildings.
d) If the Planning Director deems the PUD use to be
inconsistent with adjoining land uses, a buffer according to
Section 1601 shall be installed in accordance with the
ordinance requirement.
e) Iand Use Mixture - As per the Table of Permitted and
Special Uses, limited commercial, office, recreational and
resort -associated structures are permitted in a PUD
development, however, they shall be of similar construction
concepts, designed to blend with one another in physical
appearance and in accordance with the conventional
requirements for business zoning districts. Commercial land
uses shall not constitute more than five (5) percent of the
gross acreage of the PUD tract.
f) Public Services - Public services, such as water and
sewer, shall be provided within the PUD. The size and
capacity of the systems shall exceed the projected
requirements by thirty (30) percent.
g) Definition of Net Acreage - The net acreage of a PUD
tract shall be defined as the acreage for the entire tract,
minus ten (10) percent for necessary infrastructure.
Commiercial land uses shall not be included within the tract
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.I
net acreage.
3207.3 Open Space Requirement.S. Open space shall be defined as an
area or facility designated on the PUD Master Plan as "common
area" which will be held in ownership for the use and benefit
of residents of the dwelling units. Common open spaces may
contain structures and iYrprovements desirable for religious,
educational, noncommercial, recreational or cultural uses.
To qualify as common open space, land shall have a minimum
width of 20 feet that is unoccupied by street rights -of -way,
drives, parking areas or structures other than recreational
structures. In waterfront developments, required open space
may be utilized in conjunction with public water access
facilities prescribed by the Carteret County Subdivision
Regulations. Certain open space areas, such as golf courses
or tennis courts, may be provided as open space and held in
private ownership. If approved as open space for the PUD, a
use dedication shall be required for the open space area at
the time of recordation of the final plat.
a) Location of Open Space - Open space may be natural or
landscaped for the use of active or passive recreation and
should be located so as to be corr.,eniently accessible to all
residents of the development.
b) Conveyance and Maintenance of Open Space - All common
open space designated on the Master Plan and recorded in the
Office of the Register of Deeds, must be conveyed by the
following method:
1. By leasing or conveying title (including beneficial
ownership) to a corporation, association or other legal
entity as indicated in Section 3207.7 (Homeowners
Association). The terms of such lease or other instrument of
conveyance must include provisions suitable to the Planning
commission for guarantees of:
.01 The continued use of such land for its intended purposes
through provisions in deeds to each parcel to be served
by the common area or facility;
.02 Responsibility for and continuance of proper maintenance
for the portions of the open space requiring
maintenance;
.03 Assurance that the open space shall be made available in
its improved state as set forth on the site development
plan in accordance with an approved time schedule.
.04 Financial arrangements shall be made to ensure the
improvement and/or mainterk-ance of said common space
facilities.
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.05 A legally binding use dedication shall be recorded at
the time of final approval for open space areas
dedicated to specific uses, such as golf courses, tennis
courts, playgrounds, etc.
c) Amount of Open Space Required - PUD developments shall
reserve no less than twenty-five (25) percent of the gross
tract acreage as open space. Said open space shall be
proportionally distributed throughout the total residential
area as nearly as possible.
d) Substitution of Amenities for Open Space - When deemed
appropriate by the Planning Commission, an amenity may be
approved as a substitute for the required open space in any
phase of the project. If an amenity is approved as all or
part of the required open space, performance guarantees may
be requested if said amenity is not completely constructed
upon presentation for Final approval.
3207.4 Maximum Density Standards. High density development shall be
encouraged where adequate public services are available and
where environmental impacts will be minimal. The allowable
densities within the PUD shall be consistent with this
Section of this ordinance, in addition to the policies and
land classification system in the Carteret County Land Use
Plan. Commercial land uses shall not be included in the
total tract acreage when computing land use density. The
following restrictions shall apply:
a) The residential density factor of the PUD shall be five
(5) dwelling units per net acre if the project is located
within the Urban Transition area. Densities within the
Limited Transition areas shall be no greater than 2.9 units
per net acre.
b) Residential units shall not be allowed at a density
greater than 2.5 units per net acre in areas classified
Coamninity.
c) Residential units shall not be allowed at a density
greater than 2.1 units per net acre in areas classified as
Rural and Rural with Services. Residential units shall not
be allowed at a density greater than 1 unit per gross acre in
areas classified as Conservation. In cases where a PUD
includes Rural and Conservation areas, then densities may
exceed 2.1 units per net acre in the Rural area, provided the
number of units per gross acre in the conservation area is
reduced by an equal amount.
d) If the PUD is located within the Transition area, the
residential density factor of the PUD may be increased by
using the Density Bonus Chart as shown below. An increase in
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•
density from 5 to 12 dwelling units per acre requires a total
score of 65 points or more. An increase in density from 12
to 20 units per acre requires a total score of 165 points or
more.
e) Density Bonus Chart:
Points shall be assigned to each PUD development that
meets the following criteria:
Points Criteria
10 Project is located immediately adjacent to a
thoroughfare.
15 If the PUD is located in a manner that satisfies at
least two of the following criteria:
* Within one road mile of a neighborhood
convenience store offering basic grocery
and consumer item;
* Within two miles of a community shopping center.
A community shopping center is defined as a site
with a common parking area, a grocery store and
at least two of the following types of retail
establishments: drug store, hardware store, dry
cleaners, variety retail, department store,
discount store or restaurant;
* Within three miles of a regional shopping center
consisting of over 100,000 square feet of retail
space for sales and storage.
25 PUD is located at least 1/2 mile inland of coastal
wetlands, estuarine waters, estuarine shorelines,
ORWs and public trust waters.
20 All structures are located beyond the 100-year flood
plain as designated on the County's official Flood
Insurance Rate Maps.
15 Bus or shuttle transportation is located within 1/4
mile of the project.
30 Project provides a solid waste transfer or
compaction station.
10 Project is located within three miles of a public
park and recreation facility.
30 At least 5 percent of the total number of dwelling
units in the PUD are designated and reserved on the
Master Plan for either handicapped persons or
households with incomes less than the gross median
income for Carteret County.
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50 PUD provides public access and public waterfront
facilities are provided such as docks, piers and
boat ramps. In order to qualify for points, public
accesses must be provided at a rate of two per
quarter mile of shoreline.
20 Alternative energy systems supply at least 20
percent of the total non-renewable enemy
consumption for space and hot water heating.
20 Project provides recreational facilities other than
tot lots and mini -parks. These recreational
facilities may include, but are not limited to,
tennis courts, golf courses, ball fields, basketball
courts and community recreation buildings. Points
will be awarded at a rate of one point for each
$5,000.00 of investment (not including land or
design costs), up to a maximum of 20 points.
Adequacy of design and improvements and cost
estimates will be evaluated by the County Parks and
Recreation Director.
3207.5 Improvements Needed. The following minimum improvements and
public services shall be provided in accordance with all
standards set by the County or appropriate state or local
agency:
a) Adequate water supply and wastewater disposal facilities;
b) Fire hydrant and water supply systems that meet the
standards specified in Volume 2, Standard 24 of the National
Fire Protection Association Fire Code as amended, when
required;
c) Street lights, at the rate of one fixture per.500 linear
feet or less of public or private roadway;
d) Audible fire alarm systems connected directly to the
County's Communication Center for all structures other than
single-family and duplex residential when possible. When
applicable, fire alarm systems may be required to be
connected directly to the appropriate fire station.
e) Roads shall be constructed to the minimum paving
standards specified in Subdivision Roads Minimum Construction
Standards, July 1, 1985 (as amended).
f) Off-street parking shall be provided in accordance with
Section 2000 of this ordinance.
g) A 10 foot utility easement shall be retained at the front
of all single- and multi -family lots.
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3207.6 Other Requirements.
•
The developer shall provide written documentation from the
appropriate agencies to ensure that an adequate level of
services shall be provided to anticipate the impact of
build -out of the PUD. The documentation shall indicate that
the applicant has held a formal conference with the proper
authorities. The existing level of services delivered shall
be addressed, as well as the expected demand brought on by
the proposed development. Additional equipment, personnel or
other resources required to ac=mnodate the impacts of the
development shall be addressed. The following agencies shall
be consulted when deemed appropriate:
Carteret County Sheriff's Department
Carteret County Fire Marshal
Carteret County Schools Superintendent
Carteret County Environmental Health Supervisor
North Carolina Department of Transportation
NC Department of Environment, Health and Natural
Resources (DEHNR)
Division of Environmental Management (if appropriate)
DEHNR Division of Health Services
Other agencies as deemed appropriate.
Multi -family dwelling and group housing projects shall meet
the requirements of the Carteret County Group Housing
Ordinance. If any ordinance regulations conflict, the
restrictions described in this ordinance shall apply.
Signs shall be limited to the requirements of Section 2100 of
this ordinance.
Off-street parking shall be provided for automobiles in
accordance with Section 2000. The gross area for required
parking spaces, aisles and turning areas may be redistributed
to group parking on commonly owned land and shall provide
special acccmTiodations for recreational vehicles, including
boats, located away from the residential areas in common open
areas.
All abutting property owners shall be notified of the
proposed rezoning.
The procedures for establishing a Flexible PUD are described
in Section 3207 of this ordinance.
3207.7 Homeowners Associations. Homeowners associations shall be
required for all PUDs. The following requirements shall be
applied whenever a homeowners association is established for
residential developments:
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a) When a plat or map is to be recorded, the map or plat
shall contain a certificate indicating the book and page
number of the homeowners association covenants, conditions
and restrictions. When the covenants for a development are
recorded, the deed book and page number of the plat shall be
so indicated.
b) Responsibilities for maintenance of private streets, open
space, recreation facilities and other common areas shall be
specified.
c) Responsibilities for exterior maintenance of attached
dwelling units shall be specified.
3207.8 Required Master Land Use Plan. A Master Land Use Plan and
documents required within this Section shall be submitted
with the rezoning petition. The Master Land Use Plan shall
consist of an overall development plan showing existing and
proposed development for the Planned Unit Development as a
whole.
Contents of the Master Land Use Plan shall include:
a)
Scale of not less than one (1) inch to two hundred (200)
feet;
b)
North arrow tied down;
c)
Vicinity map;
d)
Owner's name and address;
e)
Name of development;
f)
Developer (if different from owner);
g)
Names of design team;
h)
Date of Plan;
i)
Boundary line of proposed PUD district;
j)
Topographic information at 2-foot contour
intervals;
k)
All water courses, flood zones, mean high water lines,
AEC areas, ORWs and 404 wetlands;
1)
Location of wooded areas;
m)
Recreation areas and facilities;
n)
Street layout and traffic circulation pattern;
o)
Pedestrian and bicycle circulation systems;
p)
CAMA Land Use Plan land classification;
q)
Residential areas with projected density and planned
housing types;
r)
Total tract acreage;
s)
C m ercial, industrial, and office and institutional
areas with proposed land use, estimated square footage
and acreages;
t)
All adjoining land uses and zoning districts;
u)
School sites and recreational areas to be dedicated for
public use, if applicable;
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v) Total acres occupied by street rights -of -way and parking
The Master Land Use Plan shall be accompanied by the
following:
1) Names and addresses and parcel number of each
property owner within the proposed Planned Unit Development;
2) Commmity property owners association proposed
covenants;
3) Proposed means of compliance with Division of
Environmental Management Stormwater Regulations' low density
alternative, if applicable;
4) A utility plan showing existing and proposed utility
systems, including sanitary sewers, water, electric, gas,
telephone and television lines, fire hydrants, street
lighting and trash collection areas;
5) A development phasing schedule including the
sequence and approximate dates of each phase; and proposed
phasing of construction of public improvements, recreation
and common open space areas;
6) Proposed means of dedication of open space areas and
facilities and the organizational arrangements for the
ownership, maintenance and preservation of common open space,
wetland areas and stormwater management facilities;
7) A statement of planning objectives including:
a) An estimate of the total residential population
at build -out;
b) Identification of appropriate County Land Use
Plan policies achieved by the proposed Planned
Unit Development;
8) An Environmental Impact Statement can be required by
the Planning Department, Planning Commission or County
Commissioners. The specific issues necessitating the EIS
shall be described in writing to the applicant.
9) An outline of the types of land uses anticipated
within the PUD development.
3207.9 Procedural Reauirements for the Establishment of a
Conditional Use Planned Unit Development Overlay. A Planned.
Unit Development shall be processed in four stages: sketch
review, Master Land Use Plan review, preliminary plat review
and final plat review. The sketch plan shall represent the
applicant's general impression of anticipated pattern of
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development planned for the Planned Unit Development. The
Master Plan shall specify the uses of land and layout of
landscaping, circulation and buildings. The preliminary plat
shall be submitted to insure that the proposed development
carplies with all applicable federal, state, and local
regulations and the final plat shall be the document on which
building permits and other applicable County approvals are
issued. Each stage shall be processed in the following
order:
a) Sketch Review:
1) This includes a pre -application conference with the
Planning Director to discuss requirements, standards and
policies prior to the submission of a formal Planned Unit
Development rezoning petition.
2) A general outline of the proposed Planned Unit
Development (evidenced schematically by sketch plans or
drawings showing the proposed location of the PUD, land use,
major streets, site conditions, land characteristics,
available community facilities and utilities and other
applicable information) shall be submitted by the applicant
to the Technical Review Committee for continents.
3) After the Technical Review meeting, the applicant
shall notify the appropriate representatives of the various
state and county agencies (County Sheriff, Board of
Education, etc.) to obtain preliminary comments on the
proposed Planned Unit Development. These comments shall be
utilized by the applicant in preparing a formal rezoning
petition.
b) Master Land Use Plan Review:
1) Application for a Planned Unit Development shall be
filed with the County Planning Department at least two weeks
prior to the scheduled meeting date of the Planning
Commission. All appropriate application materials, including
a proposed Master Plan, shall be submitted to the Planning
Department. An application fee shall also be submitted.
2) The Planning Department shall review the Master Land
Use Plan and shall process the application as a rezoning
petition. The Master Plan will be scheduled before the
Planning Commission after receipt of all application
materials.
3) The Planning Commission, following receipt of the
Planning Department staffs recommendation, will review the
rezoning petition and Master Land Use Plan with respect to
its technical sufficiency and consistency with the County
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Land Use Plan for policies on and development. The
po growth oilmen
Planning Commission shall make advisory reccmmendaticns to
the Board of County Commissioners.
4) The Board of County Commissioners, following receipt
of the Planning Commission's recommendation and following a
public hearing held pursuant to proper notice, shall make the
final decision as to whether the application and plat will be
approved or disapproved. Approval of the Master Land Use
Plan shall not constitute final plan approval; rather, it
shall be deemed an expression of approval of the rezoning
request and the overall design and densities as submitted on
the Master land Use Plan. The Master Land'Use Plan shall be
recorded in the Carteret County Register of Deeds after
approval by the County Commissioners. It shall remain valid
unless a substantial change occurs within the Master Plan.
5) The Planning Department must have a current and
updated Master Plan on file for all PUD developments. Minor
changes in the revisions to the Master land Use Plan may be
approved administratively by the County Planning Director,
without additional public hearings, provided such changes do
not result in:
i) a change in the density of the PUD;
ii) a change in the design of vehicular traffic
routes;
iii) a change in the open space dedication.
Any changes, other than minor changes, shall only be made by
the County Commissioners and must follow the same review and
public hearing process required for other Zoning Ordinance
amendments.
c) Preliminary Plat:
1) Application for Preliminary plat approval shall be
made in accordance with the procedures described in the
Carteret County Subdivision Regulations, as amended.
2) The Preliminary plat shall consist of a phase or
section of the Master Land Use Plan as approved by the Board
of County Commissioners.
3) The Planning Commission shall review the plat to
ensure its canpliance with Preliminary plat requirements as
set forth in the Subdivision Regulations. Upon Preliminary
plat approval, the applicant is authorized to commence
development of the PUD.
4) The Planning Department must have a current Master
Plan on file for all PUD developments. If any phase of the
PUD deviates from the Master Plan on record, the changes must
be approved by the Planning Commission prior to Preliminary
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• plat approval unless considered a minor change as defined in
Section 3207.9, b, 5.
•
5) Final plat approval must be granted with a twelve
(12) month period after Preliminary approval, otherwise
Preliminary approval shall be null and void.
d) Final Plat:
1) Application for Final plat approval shall be made in
accordance with the Carteret County Subdivision Regulations,
as amended.
2) The Final plat shall be in accordance with the
Master Land Use Plan as approved by the Carteret County Board
of Comissioners. No building permits shall be issued for
development within the PUD (except for planned amenities)
until the Final plat has been approved, signed by the
Planning Director and recorded in the Carteret County
Register of Deeds.
3) Failure to record the Final plat within six (6)
months after approval by the Planning Commission shall make
the approval null and void. The application for Final
approval must be resubmitted if the Final plat is not
recorded within the six (6) month time period.
4) The Planning Department must have a current Master
Plan on file for all PUD developments. If any phase of the
PUD deviates from the Master Plan on record, the changes must
be approved by the Planning Commission prior to Preliminary
plat approval unless considered a minor change as defined in
Section 3207.9, b, 5.
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3300. SPECIAL USE PEWITS.
3301. Purpose.
This ordinance provides for certain uses to be located by
right in certain districts where the uses are compatible
with the purpose of the district and with other uses to be
located in certain districts only by omplying with
additional development standards to insure that same
compatibility. However, certain uses which are basically
in keeping with the intent and purposes of the district may
have substantial impacts on the surrounding area and should
only be allowed after a review of the specific proposal. In
order to insure that these uses would be compatible with
surrounding development and be in keeping with the purposes
of the district in which they are proposed to be placed,
they are not allowed to be established as a matter of
right. They may be established only after a review and
approval of a special use permit as required by this
Section.
3302. Structure.
Uses which require special use permits vary greatly in
their size, characteristics, impact on surrounding
properties, impact on public facilities, and relationship
to the overall health, safety and welfare of the community.
Because of this variation, this section establishes two
classes of special use permit uses which group uses
together based on their relative size, characteristics and
community impact. The two classes will be known as MAJOR
and MINOR.
3302.1 MAJOR SPECIAL USE PERMIT uses are those uses which, by
virtue of the size, impact or relationship to the overall
health, safety and general welfare of the co7rnnunity, will
be reviewed and approved by the Board of County
Commissioners after a public hearing and recommendation
from the Carteret County Planning Commission. Unless
otherwise stated, all special use permit applications will
be deemed to be MINOR special use permit applications.
3302.2 MINOR SPECIAL USE PERMIT uses are those uses which, by
virtue of their more limited size, impact or relationship
to the overall health, safety and general welfare of the
comunity, will be reviewed and approved by the Zoning
Board of Adjustment.
3303. Application.
A request for a MAJOR or MINOR special use permit will be
considered only if requested by the owner of the property
in question or an authorized agent of the property owner.
Applications for all special use permits or amendments to
any approved special use permit must be filed in the office
of the Planning Department on the forms provided by the
122 6/15/90

Planning Staff. All applications must be accompanied by
the proper fee to defray administrative and advertising
expenses. The fee for all special use permits is two
hundred dollars($ 200.00).
All applications for a special use permit must be
accompanied by a site plan drawn to scale which includes at
least the following information:
.1 A boundary survey showing the total acreage, zoning
classification(s), date and north arrow;
.2 An identification of abutting properties as per tax
records, the name and address of the owners and
property lines abutting the subject parcel;
.3 All existing easements, reservations and rights -of -way
and all yards required for the zoning district
requested;
.4 Proposed location of all structures, their approximate
square area and general exterior dimensions;
.5 Proposed use of all land and structures;
.6 Traffic, parking and circulation plan, showing proposed
location and arrangement of parking spaces and ingress
and egress to adjacent streets;
.7 Proposed screening, including walls, fences or planting
areas as well as treatment of any existing natural
features;
The Planning Director will review each application for
compliance with all applicable administrative requirements.
If the application is complete, then within 35 days the
Planning Director will take the special use permit to the
Planning Commission for their recommendation if it is a
MAJOR special use permit or to the Zoning Board of
Adjustment if it is a MINOR special use permit. Public
hearings will be conducted in accordance with Section 3305.
3304. Additional Application Requirements.
When processing a special use permit application, it may be
desirable to request additional information in order to
evaluate a proposed use and its relationship to the
surrounding area. Therefore, the Zoning Board of
Adjustment, Planning Commission and/or the Board of county
Commissioners may require additional information. This may
include, but is not limited to, the following information:
123 6/15/90

•
.1 Delineation of areas within the regulatory flood zones
as shown on the Carteret County FEMN maps;
.2 Topography at 4-foot contour intervals or less
(existing and proposed) ;
.3 Proposed location of buildings, their general exterior
dimensions and number of floors;
.4 Proposed signs and their locations;
.5 Proposed phasing, if any, and approximate completion
time of the project.
3305. Public Notice.
3305.1 No MAJOR or MINOR special use permit may be issued until
after a public hearing has been held on the request. A
notice of the hearing will be placed in a local Carteret
County newspaper once a week for two successive calendar
weeks. The notice will appear for the first time no more
than 25 days and no less than 15 days prior to the hearing
date.
3305.2 The total amount of time allowed for the supporters or the
opponents of a petition to present arguments at the hearing
shall be determined at the time of public hearing. At the
hearing, the presiding officer of the hearing will decide
whether to grant all or part of the request for additional
time.
3305.3 In cases involving a controversial rezoning matter and a
large number of persons wish to speak at the public hearing
in favor of or against a request, the Planning Department
reserves the right to require those persons to sign up in
advance of the public hearing in order to facilitate and
organize the speakers. Persons who do not register to
speak in advance shall be allowed that right at the public
hearing. If such a requirement for pre -registration is
necessary, the advertised public hearing notice shall
clearly indicate this requirement.
3306. Hearing Procedure.
3306.1 Major special use permit hearings will be conducted in
accordance with Robert's Rules of Order.
3306.2 Minor special use permit hearings will be conducted in
accordance with the "Rules of Procedure" adopted by the
Zoning Board of Adjustment. These rules are on record in
the office of the Planning Department. Petitions for MINOR
124 6/15/90

special use permits will not be referred to the Planning
Commission unless called for in these regulations.
3306.3 The applicant has the burden of producing competent
material and substantial evidence, tending to establish the
existence of the facts and conditions which the appropriate
section of this ordinance requires for the issuance of the
special use permit.
In considering an application for a special use permit, the
Hoard of County Commissioners or Zoning Board of Adjustment
will consider, evaluate and may attach reasonable and
appropriate conditions to the location, nature and extent
of the proposed use and its relation to surrounding
property. Any such conditions may relate to parking areas
and driveways, pedestrian and vehicular circulation
systems, screening and buffer areas, the timing of
development and other matters the Board of County
Commissioners or Zoning Board of Adjustment may find
appropriate or that the applicant may propose.
3307. Effect of Approval.
An approved application for a special use permit and all
conditions which may be attached to the approval are
binding on the property. All subsequent development and
use of the property must be in conformance with the special
use permit and all plans, specifications and conditions
unless terminated by procedures established below. It is
unlawful to develop or use real property in violation of
any approved special use permit, all additional conditions,
or the resolution authorizing a special use of the
property. The special use permit shall become effective
after being duly recorded in the Carteret County Register
of Deeds.
3308. Re -application for a Special Use Permit.
If an application for a special use permit is denied by the
Board of county Commissioners or the Zoning Board of
Adjustment, a re -application for that special use on that
property may not be instituted, unless, however, upon
request of the property owner, the Board of County
Commissioners or Zoning Board of Adjustment determine that
there have been sufficient changes in conditions or
circumstances bearing on the property to warrant a
re -application.
In the case of a N UOR special use permit, such a request
must be submitted to the Planning Director with evidence to
support the allegation that sufficient changes have
occurred. The Planning Director will submit the request to
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the Planning Commission who, in turn, will review the
request and transmit its findings and recommendations to
the Board of Commissioners.
In the case of a MINOR special use permit the applicant
must submit the request to the Planning Director with
evidence to support the allegation that sufficient changes
have occurred. The Planning Director will review the
request and transmit his findings and recommendations to
the Zoning Board of Adjustment for a final determination.
3309. Modification of an Approved Special Use Permit.
3309.01 The owner of property which is subject to an approved
special use permit may petition for a modification of the
special use permit by following the same procedure as if
applying for the special use permit as provided in Section
3303. Applications for a modification must include a new
site plan which identifies the proposed changes. Evidence
presented at the hearing on the proposed modification will
be limited to the effect of the proposal on the original
special use permit, any plans or conditions which were a
part of the original special use permit, and the standards
and requirements of the ordinance under which the original
special use permit was approved. The hearing will be
conducted in accordance with the appropriate Rules of
Procedure to the extent that those rules apply.
3309.2 All proposed modifications to an approved special use
permit must be considered in accordance with the
requirements listed above. However, in certain
circLumtances modifications of an approved special use
permit may be allowed by the Planning Director. Changes of
detail which do not affect the basic relationships of the
special use to the standards and requirements of the
ordinance under which the special use permit was approved,
affect the conditions attached to the approval of the
special use permit, or require a variance of the standards
of the underlying zoning district may be authorized by the
Planning Director.
3310. Revocation or Termination.
3310.1 Revocation of a special use permit is required when a court
has determined that a particular special use permit has
been violated. After receipt of the final judgement and
after the party responsible for the violation has had
reasonable opportunity to correct the violation but has
not, the Board of County Commissioners or Zoning Board of
Adjustment, when appropriate, will revoke the special use
permit.
126 6/15/90

Subsequent to the revocation of a special use permit, the
special use for which the special use permit was granted
must cease and the future use of the property must be in
conformance with the standards of this ordinance for the
district where the property is located. Any use or
development of the property comT enced pursuant to the
special use permit must conform or be brought into
conformance with the standards of the district where the
property is located.
3310.2 Termination of a special use permit may be requested by the
property owner or an authorized agent of the property
owner. All applications for termination of a special use
permit will be considered as a MINOR special use permit
request and are subject to the provisions of this Section.
3311. Conformance of Existing Special Uses.
Uses listed in the various district regulations as special
uses which were already in existence prior to being
classified as special uses will be considered as conforming
uses. However, any expansion of such a use must receive
special use permit approval under these provisions as if
the expanded use for the entire site were being newly
established.
i3312. Recognition of Previously Approved Special Use Permits.
Special use permits which have been previously granted will
be recognized for a building permit and other
administrative purposes for six months after the effective
date of this Section. If, after six months, a building
permit has not been obtained or comTencmTent of the project
has not taken place, the special use permit will be
considered null and void. A new application and approval
will be required to complete the proposed development.
3313. Variances.
The Board of Adjustment has no authority to grant a
variance on any condition imposed by a special use permit
approved by the Board of Adjustment or the Board of County
Commissioners. An applicant for a special use permit must
obtain a variance prior to consideration of the special use
permit request if a variance is needed. An approved
variance may be considered by the Zoning Board of
Adjustment or the Board of county commissioners in the
decision on a special use permit. In no case shall a
variance request neccessary as a precondition to a special
use permit be heard during the same meeting as the hearing
upon request for a special use permit.
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3314. Appe
als. 0
Any appeal from the action of the Board of County
Commissioners pertaining to the decision on a MAJOR special
use permit request must be taken to the Superior Court in
the same manner as an appeal of the decision on a MINOR
special use permit of the Zoning Board of Adjustment in
accordance with Section 1408.
3315. Reserved.
3316. Approval Procedures for Group Housing Projects Requiring a
a Special Use Permit.
.1 A preliminary plan containing the following information
shall be submitted to the Technical Review Board for
review and recommendation:
a) Name of development;
b) Name of owner and/or developer;
c) Name of land planner, architect, engineer, surveyor;
d) Scale of map not greater than one inch = 100 feet;
e) Date of plan;
f) Vicinity map;
g) Dimensions and bearings of exterior property lines
and total acreage;
h) Land contours or topographic survey;
W Access roads and roads within project;
j) Water drainage plans;
k) Location and dimensions of proposed and existing
buildings;
1) Recreation and open space;
m) Method of surfacing roads and parking areas;
n) Electrical system for project area;
o) Water source and distribution system;
p) Sewage disposal system;
q) Environmentally sensitive areas on site;
r) Adjoining property owners;
s) Graphic scale with north arrow;
t) Type of group housing units;
u) Number of one, two, three and four bedroom units;
v) Maximum project area covered by group housing
Project;
w) Parking area and number of parking spaces;
x) Flood zone data;
y) Any drafts of necessary documents (Homeowner's
Association documents, etc.) .
.2 The Technical Review Board's recommendations and the
Preliminary plat shall then be submitted to the
Planning Commission for its review and recommendation.
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.3 Upon receiving the Planning Commission's
recommendations, the developer shall apply for a
special use permit from the Zoning Board of Adjustment.
.4 If the special use permit is granted, the applicant
may apply for a building permit to construct the group
housing project. The building permit may be issued for
a phase of the project or the entire project.
.5 After all specifications of the Preliminary plan have
been satisfactorily completed, the Final plat must be
submitted to the Planning Commission for final
approval. No Certificates of Occupancy shall be issued
until the project receives final approval from the
Planning Commission.
3317. Requirements for Mobile Home Parks and Travel Trailer Parks
as a Special Use.
3317.1 All proposed mobile home parks and travel trailer parks
shall be required to meet the standards of the "Carteret
County Mobile Home, Mobile Home Park and Travel Trailer
(Camper) Park Ordinance".
3317.2 Approval Procedure for Mobile Home Parks and Travel Trailer
Parks:
a) A preliminary plan shall be submitted to the Technical
Review Board for review and recommendation.
b) The Technical Review Board's recommendations and the
Preliminary plat shall then be submitted to the Zoning
Board of Adjustment for a special use permit.
c) Upon receiving the special use permit from the Zoning
Board of Adjustment, the developer shall submit the plat to
the Planning Commission for preliminary approval.
d) Once the special use permit is granted and the Planning
Commission grants preliminary approval, the applicant may
then apply for a building permit to construct the park.
The building permit may be issued for a phase of the
project or the entire project.
e) After all specifications of the preliminary plan have
been satisfactorily completed, the Final plat must be
submitted to the Planning Commission for final approval.
No Certificates of Occupancy shall be issued until the
project receives final approval from the Planning
commission.
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3318. Requirements for Marinas as a Special Use.
3318.1 In the event the Board of Adjustment approves a commercial
marina as a special use, the conditions, restrictions, area
requirements and design standards in Section 3117 shall be
adhered to in addition to any other applicable sections of
the ordinance.
3318.2 Marinas as Accessory Uses in Residential Developments.
3318.3
Marinas, as an accessory use to a residential development
and approved as part of the development area are permitted
in all residential districts subject to the following
limitations.
.01 Boat slips, piers and bulkheads are permitted,
however, no commercial activities shall be permitted.
Marinas may include any pump out facilities required
by water quality or other state or federal
regulations.
.02 A club house or similar facility which could normally
be included in a residential development may be
included with the marina facilities.
.03 Residential developments in which marinas are allowed
as accessory uses must receive preliminary approval
from the Planning Commission and, when appropriate,
the County Commissioners prior to issuance of any
county permits for the construction of the marina.
.04 Drystacks shall not be permitted in residential
development marinas.
.05 Signs calling attention to the marina other than those
for vehicular directional purposes located within the
development are not permitted.
.06 The number of slips may not exceed 110% of the number
of units in the residential development. Each slip
over and above the number of units in the residential
development must be provided with tow parking spaces
in a specifically designed area.
Approval Procedure for Marinas.
.1 A preliminary plan containing the following information
shall be submitted to the Technical Review Board for review
and recommendation, along with any other documentation
requested by Carteret County:
•
•
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a)
Name of marina;
b)
Name of owner/developer;
c)
Name of land planner, architect, engineer, surveyor;
d)
Date of plan;
e)
Vicinity map;
f)
Location and size of any marinas within 1000 feet of
the proposed project;
g)
Dimensions and bearings of exterior property lines
and total acreage;
h)
Land contours or topographic survey;
i)
Access roads and roads within the project;
j)
Water drainage plans;
k)
Location and dimensions of proposed and existing
buildings;
1)
Method of surfacing roads and parking areas;
m)
Electrical system for project area;
n)
Water source and distribution system;
o)
Sewage disposal system;
p)
Environmentally sensitive areas on site;
q)
Adjoining Property owners;
r)
Adjoining property uses;
s)
Graphic scale with north arrow;
t)
Maximum project area coverage;
u)
Parking area and number of parking spaces;
v)
Flood zone data;
w).
Any other documentation required by Carteret County.
.2 The Technical Review Board's recommendations and the
preliminary site plan shall then be submitted to the
Planning Commission for its review and recomTendation.
.3 Upon receiving the Planning Commission's
recommendations, the developer shall apply for a special
use permit from the Zoning Board of Adjustment prior to
issuance of the Coastal Area Management Act permit.
3319. Requirements for Drystack as a Special Use.
3319.1 In the event the Board of Adjustment approves a drystack as
a special use, the conditions, restrictions, area
requirements and design standards in Section 3118 shall be
adhered to in addition to any other applicable sections of
the ordinance. In no case shall a special use permit be
issued for a drystack on a parcel zoned IW which is not
adjacent to surface waters.
3319.2 Approval Procedure for Drystacks.
.1 A preliminary plan
shall be submitted to
and recommendation.
containing the following information
the Technical Review Board for review
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a) Name of frystack;
b) Name of owner/feveloper;
c) Name of land planner, architect, engineer, surveyor;
d) Date of plan;
e) vicinity map;
f) Location and size of any marinas and/or drystacks
within 1000 feet of the proposed project;
g) Dimensions and bearings of exterior property lines
and total acreage;
h) Land contours or topographic survey;
i) Access roads and roads within the project;
j) Water drainage plans;
k) Location and dimensions of proposed and existing
buildings;
1) Method of surfacing roads and parking areas;
m) Electrical system for project area;
n) Water source and distribution system;
o) Sewage disposal system;
p) Environmentally sensitive areas on site;
q) Adjoining Property owners;
r) Adjoining property uses;
s) Graphic scale with north arrow;
t) Maximum project area coverage;
u) Parking area and number of parking spaces;
v) Flood zone data;
w) Any other documentation requested by Carteret
County.
.2 The Technical Review Board's recommendations and the
preliminary site plan shall then be submitted to the
Planning Commission for its review and recommendation.
.3 Upon receiving the Planning Commission's
recomTendations, the developer shall apply for a special
use permit from the Zoning Board of Adjustment, prior to
issuance of the Coastal Area Management Act permit.
3320. Rectuirements for Home Occupations as a Special Use.
Home occupations may be established in a dwelling in any
residential district. It must be clearly incidental to the
residential use of the dwelling and must not change the
essential residential character of the dwelling.
.1 Use of the dwelling for this purpose must be limited to
25% of the heated/cooled area of the principal dwelling.
.2 No accessory buildings or outside
in connection with the home occupatio
occupation is considered a traditional
n
storage may be used
unless such home
home occupation.
132
6/15/90

.3 No chemical, mechanical or electrical equipment that is
not normally a part of domestic or household equipment may
be used for comyercial purposes, with the exception of
medical, dental and beautician equipment used for
professional purposes.
.4 Machinery that causes noises or other interference in
radio or television reception is prohibited.
.5 No internal or external alterations inconsistent with
the residential use of the building will be permitted.
.6 Residents of the dwelling and up to two non-residents
may be engaged in the home occupation.
.7 No display of products may be visible from the street
and only articles made on the premises may be sold
on premises.
.8 Instruction in music, dancing and similar subjects must
be limited to six students at a time.
.9 Vehicles used primarily as passenger vehicles only will
be permitted in connection with the conduct of the
customary home occupation.
is.10 A home occupation Zoning Permit will be required.
.11 A building permit must be issued within six months of
date of issuance of the special use permit or the special
use permit will be considered null and void.
.12 Home occupations shall be permitted to have one (1)
on premise sign not exceeding four (4) feet in height and
not exceeding six (6) square feet in sign area.
3321. Special Uses in the Port Industrial District (P-I).
The Port Industrial District (P-I) is established as a
district to provide and protect areas for port -related
industrial purposes and uses which are dependent to some
degree on nearby water or need access to nearby harbors or
bodies of water. Due to the uniqueness of this District,
all special uses shall be required to obtain a MAJOR
special use permit.
3321.1 Prior to granting a MAJOR special use permit in the P-I
District, the Board of County Commissioners must make the
following findings:
0 .1 That the special use will not materially endanger the
public health, public safety, adjacent water and air
133 6/15/90

resources or environment if located where proposed and
developed according to the plan as submitted and approved;
.2 That the special use meets all the requirements,
conditions and specifications of this ordinance;
.3 That the use will not substantially injure the value of
adjoining or abutting property, or that the use is a public
necessity;
.4 That the location and character of the use, if
developed according to the plan as submitted and approved,
will be in harmony with the area in which it is to be
located and in general conformity with the plan of
development;
.5 That either adequate water, sewer and safety equipment
and facilities are either present or are proposed and will
be constructed to adequately provide for and protect the
adjoining areas;
.6 That adequate public or private transportation means
and facilities are present at or near the site or are
proposed and will be carried out by or on behalf of the
applicant to serve the site and the activities and uses on
the site so as not to endanger the safety or unduly disrupt
the normal activities of nearby property owners or the
citizens of nearby communities through which the
transportation system must pass;
.7 That the proposed use would not have a substantial
adverse environmental impact on water and air resources.
3321.2 The following time limits shall be attached to the MAJOR
special use permit in addition to any conditions the Board
of County Commissioners deem necessary:
All work shall be completed within a specified time not
more than five (5) years from the said approval date.
Unless all work pursuant to the permit is completed within
the specified time period, the permit shall become void and
of no effect; provided, however, that the permit may be
renewed for periods of one (1) year as deemed reasonable
and appropriate by the Carteret County Board of
Commissioners.
3321.3 Application Requirements. The applicant for a MAJOR
special use permit within the P-I District shall provide
the following documentation at the time of application:
.1 Ten (10) copies of the final site plan shall accompany
every application and shall show or contain the following
information:
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a) A location map with the scale not less than one (1)
inch equals 1,000 feet showing the location of the
proposed site in relation to the surrounding area
within a one (1) mile radius;
b) Names and addresses of the owners of the property,
the developer, if applicable, and the operator or
leasee of the site, if applicable, and the
registered surveyor, engineer or architect who
designed the site plan and facilities;
c) Date, scale and approximate north arrow;
d) The boundary line of the tract with accurate linear
and angular dimensions drawn to scale and the area
of the site in square feet or acres;
e) Location of all structures, buildings and
improvements to be carried out on the site;
f) Proposed and existing contours with a vertical
interval of five (5) feet or less and the elevation
of existing streets, roads, drives, walks, railroad
tracks, curves, catch basins, etc.;
g) Name, location and dimensions of all existing or
proposed roads to serve the site, and the location
and dimensions of all alleys, driveways, entrances,
exits and walkways;
h) The name, location and dimensions of all railroad
rights -of --way and other public transportation
facilities to serve the site;
i) General landscape plan showing the location, name
and size of all plant materials to be used on the
project, and plans of landscape features such as
screens, fences, etc.;
j) Plans of proposed utility layouts (sewer lines,
septic tanks, septic tank drainfields, and water
lines) showing connections to existing or proposed
utility systems;
k) A detailed plan for all gas and electrical
installations and equipment prepared to meet the
National Fire and Electrical Codes and all other
codes or ordinances governing the type and manner of
such equipment and installations;
1) The location and dimensions of all docks, wharves or
0 other storage areas within the site;
135 6/15/90

.2 A ccaTplete and comprehensive narrative detailing the
plans of the applicant and all proposed uses and purposes
of the site and facilities located thereon;
.3 The name and location of other sites and facilities
similar in purpose and nature to the site and facility
being proposed by the applicant or others either within the
State of North Carolina or in the United States;
.4 When deemed necessary by either the Carteret County
Planning Commission or the Carteret County Board of County
Commissioners, certification by a registered engineer or
similar professional experienced in his field may be
required to insure the prevention of explosive hazards and
pollution of adjoining waters or lands as a result of
chemical, petroleum or other products to be placed on the
site.
.5 Complete and detailed plans and documentation from
either a county or state agency having regulatory authority
over the applicant concerning the availability of an
adequate supply of water on the premises, and providing
information regarding the excess capacity of water
distribution facilities on or near the property, the plans
for increasing capacity, or a report prepared by a
registered professional engineer providing data on the
excess capacity of an underground aquifer;
.6 A statement describing the type of private or public
sewage disposal facilities that the applicant proposes to
use on the property, and a letter from the appropriate
county or state agency indicating that the type of system
proposed has been approved previously by the reviewing
agency;
.7 Documentation from the North Carolina Department of
Transportation stating that a conference has been held with
the applicant and providing information regarding the
capacity of roads serving the property, including access
roads and nearby thoroughfares, the plans for increasing
capacity on existing roads, plans for new roads in the
area, and stating -that the road system of the applicant as
proposed will adequately provide the transportation needs
of the applicant and the County;
.8 Detailed plans regarding the applicant's needs for fire
protection and any and all equipment or improvements the
applicant proposes to construct on the site for fire
protection and fire prevention;
.9 Documentation from either the County Fire Marshal's
office or the North Carolina Department of Insurance, as
136 6/15/90

appropriate, outlining the fire protection and fire
prevention needs of the applicant and its activities and
listing any additional equipment or improvements that will
be required to be furnished either by the applicant or by
public fire departments sere -rig the area;
.10 A written and detailed statement from the applicant
,indicating haw he proposes to overcome deficiencies in
existing public facilities serving the site, if such exist,
and how the proposed development of the additional public
facilities needed will be phased in;
.11 A written and detailed statement from the applicant
outlining the transportation needs of the applicant for the
delivery of inventory, cargo, supplies or equipment to the
site, and the sripment of cargo, inventory, products or
materials from the site to its intended destination. The
statement shall also include the frequency of deliveries or
shipments to ann from the site and the routes, methods and
means of such shipments to and from the sites of all
inventories, products and materials going to and from the
site.
.12 If deemed necessary by either the Carteret County
Planning Commission or the Carteret County Board of County
commissioners, certification from a registered professional
engineer or other professional consultant to the effect
that the transportation facilities serving or to serve the
site are adequate and safe and will not unduly interrupt or
interfere with the normal daily activities of nearby
property owners and businesses and the citizens and
residents of nearby communities through which the
transportation system proposed to serve the site passes;
.13 If the transportation facilities proposed to serve the
site are inadequate, a detailed and concrete proposal of
the applicant as to how and when the transportation
facilities will be upgraded and improved so that the same
area adequate for the site, nearby property owners, and
nearby communities through which the transportation
facilities pass;
.14 A detailed list of all local, state and federal
permits needed by the applicant in order to construct and
operate the facility, and a status report on the permit
process being undertaken by the applicant for each needed
permit;
.15 With regard to all local, state and federal permits
needed by the applicant, documentation from each agency
indicating that all required permits have been applied for;
137 6/15/90

•
.16 If deemed necessary by either the Carteret County
Planning Commission or the Carteret County Board of County
Commissioners, a detailed analysis of all possible adverse
environmental impacts on nearby water and air resources
which could result from the activities proposed for the
site, and all proposals of the applicant to minimize
possible adverse environmental impacts;
.17 A detailed statement of the economic impact the
proposed use would have in Carteret County and the
adjoining areas;
.18 Any other documentation, studies or data deemed
necessary by either the Carteret County Planning Commission
or the Carteret County Board of County Commissioners in
order to adequately consider and act upon the special use
permit application.
•
•
138 6/15/90

3400. TABLE OF PERMITTED AND SPECIAL USES
_HGR?CULTURAi USES
----------- -------
IRA�R35fR20�R151R15�11R10ICC OP�B1lB2I MC LIW PI IH
_.�Agri culturalUses/Bona Fide Farm P IP_ �P__ P_ PIP P +P lP IP_
P_ P_P P t
i � I
Animal, Hospital/Veterinary I
linic --- =-- --- ---- --- ---- P -- S- -- --- --�--
---------------------- -- (
A uacgltural Uses __ P P_ P_ P_ P_ P P PIP P P P IP _ P P
Fruit or Vegetable Stand on Same
Parcel as Produced P P _ SSS_ P_ P_ S_
Chicken -Hatchery -------------- S_P
i
Kennels S S 5 5 S P S P P
Mining_and 2uarrYin3------------ -- --- --- ---I---- --- -- -- -- -- -- -- --- P- P-
Stables,.Puhlie----------------- S- S-- --- S-- ---- --- -- -- S- -- -- -- --- -- --
Stables,_ Private P
Swine Production _ S_ __ __ __ ___ __ IP
`Yho1e5ale Nurseries/Greenhouses -�__ P P
_ I
•
0
139 6/15/90

@ENERAL RETAIL USES
------------------------ RA R35 R20
ABC Store --------------------- -- --- ---
Appliances(Retail/Maintenance)__ ___�___
111 i
Auction Sales
Automobile/Boat Washing
Establishment
Automotive Dealers and Truck
Sales
Barber Shap/Beauty Shopt Etc___
Boat Sales= Serv_ice_and_Repair__ _ ___ ---
Building Materiils/Garden
Supplies ______________
Contractors Offices
Contractor's Plants/
St^_•rage Yards-------------------�-- --- ---)
Convenience Store . ._.
Drv.Cleaning/Laundry
Establishment
Farm Implement Sales and Service
General Merchandise Store
IndustrialWSales/Repair of
£g��ipment----------------------- -- --- --
)urine Equipment Store___-_
_ miscellaneous Retail
Mobile Home/Modular Home Dealer_
Motorcycle Sales_and Repair_____ _
Motor Vehicle Repair Garage_____ __
Motor Vehicle Service Station
Restaurant. -Drive -In -----_{__ _ _
Restaurant,
Sale of Alcoholic Beverages
in Retail Establishments
R15MIk10 CC
OP B1 B2 B31MC1
P P
_ P
-- P-I- S- --
P (S
--IP- -- --�--
_ P P
_ P P
P P
P
-- P-I'r-- --j--
P P1
P
LIWj
--
P-
--
P-�--
---
P
P
--�-__
P
P
S
P
P-Ip-
P-
J
PIIIWI
P
P-j
•
140 6/15/90

------------------------------- RA R35'
Adult Establishments
Armories for meeting and
ilitary_training- --------------
Assembly_Hall
Automobile Parking/Deck ________
_
---
Banks and Financial Institutions
Billiard/Pool Hall
Camo,_Seasonal
P
P__
Dock or HE. Priv_ate___________
P
P _
Boat Launching R3mo_____________
P_
P _
gNTground---------------------
--
---
Ceaetere-----------------------
P-
P--
Church -------------------------
P-j
S-
Circus Carnival Fair and Side
Show -of no more [han 30 days____
Club or Lod3e____________
Civic Center
Colleges and Related Facilities
Convalescent Horoe_______________
0ountry Cl��b an�i Related Uses___
2y_gare Center_________________
F2mi1y_p2y_C2re_Center__________
Entertainment Facilities
(Bars Discos, Cabarets. Etc.)
I
P_
P
S
S_
Exterminating_ Services _
Fairgroun�J---------------------- -- ---
Family_Care HomeP P
Fishing_Cames ________
Fishing_ Pier______
Fishin; Ranch
_ __... _ _-------------------- ---
Floating Str��ct��re _
Funeral Hote, Mortuary, I
Crematorium ________ S S
Golf Course P P
•
S
R20 R15
R10 CC�
I
---- 1---
S___jS__
S S__
S S--
S--- S__
P
S
[am=
P
141
6/15/90

INSTITUTIONALs P_.ECREATIgNVl.t_SERVICE� Us S cont...'
--------------==-----------=--- RA R35 R20 R151R15M
___golf Courses,ifiniature_
_... Colf or Baseball Drivin3_Ran9es_ _
Sovernment_OffiCes_____________ JP- P-- P-- P-- -Hospital, ealth, 52Ditariium Care _ ___ ___ ___ ___ IJ
Laboratory; Medical, Dental
Optical------------------------ -- ---
Laboratorys_Research ___________
Mail Order House
Marine Research Facility________ _
;!ausoleum S
fiiotels_ g' ',_Motor Court______ _
Off ices
Outdoor Shooting Range _________ _
Non -Profit Recreational Facility P_
Public or Private School P
Recreational Facilitys_For Profi. _
Residential Hotel
Sk.ating_RinY
Swimmina Pool,_Priv_ate__________ P
Swimming_Pool, Public/Commercial�S
Tennis -Courts, Private __ P
Temis Courts,Public/Commercial S_
Theatret_in;oor ________________ __
Theatres_Outdoor ___ __i__
Vending_Machines located Outdoors
Yactlt_anj_Boa.tineClub____�__
I
I
ME
CC OP B1 B2�
IP
PAP P PI
iP P !- I
-- - - --I
P P
-- P- -- P
P P P P
P
P
P P _ p_ P p_
P P lP P
P- P- --
P PP P 1
P S
-
-PP -p
P I _�
--(-- P P
-- --+P P
p P
P J-1
P IP P P
--1-1-0
•
1�
142
6/15/90

RA
leohol Manufacturing and
elated Products___________
Assembly of Prepared Parts into
Finished Products
Automobile Manufacturin3________ _
Etny-Plants__________________ __
Poat Puildin3_.................. __
Pottling_Plants ____
Breweries ---------------------
Cabinet and Woodaorking_Shoos
Cannery------------------------- --
Chemical/Mineral Manufacturing,
tQfinin3 and Processing__________
Clothing_�Sanufacturin3---------- --
Cooperage Works and
Crafting_Serv_ices _ I
-I--
I12i.ty Products Processing Plants,}__
Electrical_Re.oair Sho L_________{__
Electronic Machines, Equipment Ij
^d SuQolie'-------------------- --
�"abricatin3 Shops
iWood�Metal,_Unholstery,_etc.)
Fiber.31ass Manufacturing________ _
Fish Processing_________________
Food Processing/Manufacturing
in Wholesale quantities
.... Foundries ....-Furniture M_anufacturinq_Plants__ _
Harnjcraftinq_of_5aallArtrlps__
-.Luther and Leather Products
Lumber and Wood Products
Machinery_except_for Electrical
'iiseellaneous Manufacturing_____ __
PaPer_and Allied Products_
•
R1S
R15M
I
R10 CC OF B1 B2 83 MC
S
---
--
-- is
---
--
--
--
--
P
P
LIW
P
S
S
P
1 P--
S_
P_
P_
5_
P_
P_
S
I P--
P_
S
S_
SS
PI
P
P
P
P
P
Pr
P
LIP
P
S P
P
-T-
P P
S P
)P_
UP
-- � P-
I
P_
PP
S_ P_
S P
LIP_
143
6/15/90

_ _..iiANUFACTURIMG USES contw_______
----_------------ -
-�- ----- -
RA
B35
R20
R15
R15M
-I---
R10
CC(OP
B1
B2
-
B3
-
M.0
LIW
- -
PI
IW
Pfiarneceutical Yanufacturin3 !__�-_I(--_�---
---
----
(---
-_
--
.-
--
--
---
p-
p_
.-.,otteryy,.Porcelain and Vitreous
I
'--
f
China Manufacturing_____________
._.__._-___
_ -
---
---
---
----
---
--
--
--
I_ -
S
_--
--
P
—
Petroleum and Related Products
I
S
P
Plastic Manufacturing___________
_
--
--
__�__
_
p__
S
P
Primar Metal
�--
--
--
--
_--
p_
p_I
Printin and Publishin
.__---g- -—--------- -g---------
--
---
---
---�----
---
--�--
P -
--
S
--
IP --
--
P -
Rubber Products _ ---
-Processing.
--
---
---
---
----
---
--
--
--
--
--
--
P--
S-
p-I
Seafood Handling,
Storage_and Sales Facilities
p_
_-
p
p
p 1
S-
--
--
-
p
_
P_'i
Slaughter House
--i---
---
---
----
--- i--�--�--f--
-T-
---
S-
P-
Stone, Clay, Glass and
Concrete Products
S
P
P
Textile Manufacturing-----------
--
---
---
---
----
---
--
--
--
--
--
--
S--
S
P-
Tire Recapoing_and Retreading___
__
S
S
P
Tobacco Manufacturing___________
_
S
S
P
IE-jnsQortation Equipment
_
J
S
S
p
_____._._
Manufacturingand Assembly____-)_-�
!
_-�-
!
�_
IS
` I
IP
P-I
El
•
144 6/15/90

a
--------------------- n
�AccessoreUse and Buildings ____ P
Billboards or Off-Premise_Signs _
Menhaden fish Scrap/Oil
Processing_________________
Sludge D-ii22H1_________________
landfill
------------ --
0
•
R20
P_
RISM R10 CC OP Bl
P_ P P P P
B2
P
B3
P_
145
6/15/90

RESIDENTIAL USES
t
RA
R35
--------------------------------
Aaartment
Bed and Breakfast
P
P
Boarding House
P
P
Business Residence ___________
__
___
Duplexes_2gd Triple ee
P
IP
Dwellin2,_Single,F3mily_________
P
P _
EfficienceUnit ________________
P
P _
Family _Care Home _
P_
P _
GrOUp Care Facilit}L____________
S
S
--------------
S
S
Gro��p_Ho��sing„�Mu1ti�Family_____
_
Home 0 cuPetion
p
P _
Manufactured Home Park
Manufactured Home
P
Model Unit Marketing_Center ____
S
S _
Parsonage ----------------------
--,---
Temporary Residential
IJ
Motile Home
S
I
....._._._._.___.__
Townhouse ---------------------
--
� _--
R20
R15
►
I
I R15M
R10
i
CC
OP
B1
�
R2
---
---�----
P--
--
--
P-
--
P
P _
Y__
S
_
S
S
S__
S
P
--
--
--
--
--
--
—
P
F
P
P
-
--
---
--►--
--
--►--
p
Y
S
S
P
P
P_
P_
_
S
S
S_
S
S
_
S
5
S_
S
--
-
--
p
-
S
S
S_
S
_
---
---
--
---
--
--
S-
--
P
S
S
S
S
---
---
----,---
P
--
--
--
--
-
S--
-
-
---�---
----
P--
--
----�--
PI
0
•
•
146 6/15/90

•
i
Boaas Storage Yard _______i__
1 Bulk Storage of Flammable
..aids and -Gases
•.q�and Taxi Terminal
Pus Repair and Storage_______:__ _I
Camme------------- __..__...--------------- --,
Resid.enti.al 'farina____________ S I
Drystack Boat Storage___________ _ I
Grain Storage, Mini -Storage
and Shigging_-------------------
dunkyard.s-----------------------
Marine_Railroad Yard
Mini -Warehouses
Freight Transportation
Warefiausing_____________________ _
AftNe-jspper Office .and Incidental
_rin _ing------------------------ --
Other Communication facilities
Ov_ernight_Camp.in3 Vehicle Stcrage__
Outer Continental Shelf Service
and Supply Ease----------------- --
Piers, Wharves, Deecaater Berth
Facilities for Cargo, Marine
Research and Commercial
Fishing_Vessels _
Public Utility_Offie.e __________�_
Public Utility Workshop and 1
Storage----------------
Public Utility------------------ P_
Railroad Transportation
Facilities_____________________
Recvcl.ing_of Waste Matter_______j__
•
P--
IS
PI
I--
�S
I
I
47
6/15/90

TRANSPORTATIDN, WHOLESALING USES
------------------------------- �RA
Scr3o__Processing________________ --
Tobacco S31es Warehousing_______I__
Trailer (Utility/Hauling) Sales
and Rental
Truck Terminal Activities
iy,_Radi.o Broa.icasting_Stuoio___ _
Tv,jadio_Transmittin3_Touer____ __
General 'darehousin3_____________f_
General 'aholesalinq_____________
Wholesale Storage and Bulk
Terminal
. - i .. ....�.-.�.•+i _ �.. -.. .. -. .. CSC..= - - �...-.-. ... _�
R35 R?q R1S R15H R10 CCIOP B1 B2IB3�MC LIW PI�IWI
-- - - ` -- - P P
----- ------ -----
--- -----�--- - -- --I -� - - --- P- P-
--- --- ---I---- --- -- --IS- -- -- ----dulp-i
--- --- --- ---- - P IP S
(--�--�- -- ---(---�- I i
1-- 1--I
--- --- --- - --- -- F- P -- S ----�--�--�
-- - - I -- _---- - ' _ '
--- --- --- ---- ---�-- -- ------`--1,P-- -- P-�
-- - - '--- - -I-- S P 1
•
•
CI
148
6/15/90

•
CARTERET COUNTY
ZONING ORDINANCE
Prepared by:
Carteret County Planning Department
Lynn R. Phillips, Director
Linda V. Staab, Planner
Priscilla W. Beveridge, Zoning Officer
Nancy J. Simpson, Administrative Assistant
Adopted: June 15, 1990
Effective: June 18, 1990
The preparation of this document was financed in part through a
grant provided by the North Carolina Coastal Area Management
Program, through funds provided by the Coastal Zone Management
Act of 1972, as amended, which is administered by the Office of
Ocean and Coastal Resource Management, National Oceanic and
Atmospheric Administration.
0

2441 a 1 &WORI 1 P go WOW V KI 5
1000.
Enactment and General Provisions
1
1001.
Enactment Clause
1
1002.
Short Title
1
1003.
Adopting Ordinance - An Ordinance Adopting
a Revision of the Zoning Ordinance
1
1004.
Adopting Ordinance - An Ordinance Adopting
a Zoning Map for Carteret County
3
1005.
Jurisdiction
4
1006.
Interpretation of Zoning Maps
4
1007.
Bona Fide Farms Exempt
4
1008.
Zoning District
4
1009.
Zoning Affects Every Buildiing and Use
6
1010.
Rounding Off Fractions
6
1011.
Lots Divided by Zoning District Boundaries
6
1012.
Reduction of Lot Area Prohibited
6
1013.
Every Iot Must Abut a Street
6
1014.
Interpretation and Application of these
Regulations
7
1015.
Relation of this Ordinance to other Ordinances
7
1016.
Zoning Boundaries over Surface Waters
7
1017.
Zoning District Changes Affecting the Zoning Maps
7
1100.
Rules
of Construction and Definitions
8
1101.
Rules of Construction
8
1102.
Definitions
8
1200.
Administration
24
1201.
Zoning Administration
24
1202.
Enforcement Methods
24
1203.
Violation of Ordinance
24
1204.
Zoning Compliance Certificates
25
1205.
Zoning Permits
25
1206.
Application for Zoning Permit
25
1300.
Amendments
27
1301.
Amendment Responsibility
27
1302.
Petition for Amendment.
27
1303.
Withdrawal/Suspension of Petitions
27
1304.
Public Hearing
28
1305.
Recommendations of Planning Commission
28
1306.
Effect of Denial
28
1400.
Board
of Adjustment
29
1401.
Organization
29
1402.
Rules of Procedure
29
1403.
Duties of the Board of Adjustment
29
1404.
Appeals and Hearings
31
1405.
Actions of the Board
31
1406.
Rehearing
31
1407.
Fees
31
1408.
Appeals from the Board of Adjustment
32
1500.
Nonconforming Uses
33
1501.
Purpose
33
1502.
Nonconforming Vacant Lots
33
6/15/90

1503. Nonconforming Occupied lots 33
1504. Nonconforming Open Uses of land 34
1505. Nonconforming Uses of Structures 34
1506. Reconstruction of Damaged Structures 35
1507. Reserved
1508. Changes in Zoning 35
1600. Supplementary Regulations
36
1601.
Screening/Buffering
36
1602.
Development Within Flood Zones
37
1603.
Development Within Coastal Area Management Zone
37
1604.
Structures Permitted Above the Height Limit
37
1605.
Accessory Structures
38
1606.
Public Utility Campanies
39
1607.
Reserved
1608.
Minimum Requirements for Mixed Uses
39
1609.
Modification of Setback Requirements
39
1610.
Certain Extensions into Yards Allowed
39
1611.
Reserved
1612.
Side and Rear Yards Next to Railroad
or Waterfront
39
1613.
Location of Required Yards on Irregular lots
40
1614.
Special Yard Requirements for Corner lots
40
1615.
Rear Yard Requirements for Through lots
40
1616.
More Than One Principal Building per Lot
40
1617.
Construction of Building on lots Not Abutting a
Street
40
1618.
Not Used
1619.
Fences and Walls in Residential Districts
40
1620.
Reserved
1621.
Driveway Permits
41
1622.
Visibility at Intersections
41
1623.
Not Used
41
1624.
Institutional Uses in Residential Districts
41
1625.
Reserved
1626.
Special Requirements for lots Along Thoroughfares
42
2000. Off -Street Parking and Loading Requirements
43
2001.
Off -Street Parking Requirements
43
2002.
Schedule of Off -Street Parking Requirements
43
2003.
Parking Space and Travel Aisle Width Defined
48
2004.
Parking Spaces in Driveways
48
2005.
Location of Parking Spaces
48
2006.
Parking Spaces Assigned to One Use
48
2007.
Parking Spaces May Not be Reduced
49
2008.
Additions to Buildings Deficient in Parking
Spaces
49
2009.
Parking Plans Required
49
2010.
Barriers Required
49
2011.
Parking and Storage Areas
49
2012.
Parking Spaces and lots to be Improved
2013.
Handicapped Parking
550
0
2014.
Off -Street Loading Requirements
50
ii 6/15/90

0100. Design Standards and Regulations of Signs
51
2101.
Definitions
51
2102.
General Requirements
55
2103.
On -Premise, Corm mial Signs
57
2104.
Off -Premise, Commercial Signs
59
2105.
Signs Permitted in All Districts
60
2106.
Zoning Permits Not Required
61
2107.
Sign Regulations Residential Districts
62
2108.
Sign Regulations in B-1 District
63
2109.
Sign Regulations in B-2 District
64
2110.
Signs Permitted in B-3 and OP Districts
65
2111.
Signs Permitted in MC, LIW and PI Districts
66
2112.
Signs Permitted in IW Districts
67
2113.
Nonconforming Signs
68
2114.
Penalties
69
3000.
Specific Use Regulations
70
3001.
Reserved
3002.
RA Rural Agricultural District
70
3003.
R-35 Single -Family Residential District
71
3004.
R-20 Single -Family Residential District
73
3005.
R-15 Single -Family Residential District
74
3006.
R-15M Single -Family Residential District
76
3007.
R-10 Residential District
77
3008.
C-C Church Campus District
79
3009.
OP Office and Professional District
80
3010.
B-3 Planned Business District
82
3011.
B-2 Marina Business District
83
3012.
B-1 General Business District
85
3013.
MC Planned Mobile Home and Camp Park District
88
3014.
LIW Light Industrial Wholesale District
89
3015.
P-I Port Industrial District
91
3016.
I W Industrial and Wholesale District
93
3100.
Special Requirements for Certain Uses
97
3101.
Efficiency Unit
97
3102.
Car and Boat Washes
97
3103.
Outdoor Amusement
97
3104.
Cemeteries
97
3105.
Residential Marinas
97
3106.
Country Clubs, Golf Courses, Tennis Clubs and
98
ComTtunity Recreation Centers
3107.
Group Developments
98
3108.
Reserved
98
3109.
Junkyards
99
3110.
Kennels
99
3111.
Business Residences
99
3112.
Motels, Motor Courts and Hotels
99
3113.
Overnight Camping Trailers
100
3114.
Storage of 200,000 Gallons or Less of Petroleum
100
3115.
Automobile Service Stations
100
3116.
Stables, Private
100
3117.
Commercial Marinas
101
iii 6/15/90

3118.
Drystack Boat Storage
101
3119.
Duplexes and Triplexes
101
3120.
Floating Structures
102
3121.
Homeowners Associations
103
3122.
Model Unit Marketing Center
103
3200.
Conditional Districts
104
3201.
Purpose
104
3202.
Application and Review Process
104
3203.
Permitted/Special Uses and Development Requirements
107
3204.
Zoning Map Designation
108
3205.
Reserved
3206.
Flexible Planned Unit Developments
108
3207.
Conditional Use Planned Unit Developments
110
Overlays
3300.
Special Use Permits
122
3301.
Purpose
122
3302.
Structure
122
3303.
Application
122
3304.
Additional Application Requirements
123
3305.
Public Notice
124
3306.
Hearing Procedure
124
3307.
Effect of Approval
125
3308.
Re -application for a Special Use Permit
125
3309.
Modification of an Approved Special Use Permit
126
3310.
Revocation or Termination
126
3311.
Conformance of Existing Special Uses
127
3312.
Recognition of Previously Approved Special Use
127
Permits
3313.
Variances
127
3314.
Appeals
128
3315.
Reserved
3316.
Approval Procedures for Group Housing Projects
128
Requiring a Special Use Permit
3317.
Requirements for Mobile Home Parks and Travel
129
Trailer Parks as a Special Use
3318.
Requirements for Marinas as a Special Use
130
3319.
Requirements for Drystack as a Special Use
131
3320.
Requirements for Harm Occupations as a Special Use
132
3321.
Special Uses in the Port -Industrial Districts
133
3400. Table
of Permitted and Special Uses
139
1�1
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1001. Enactment. An ordinance establishing comprehensive zoning
regulations for certain areas of the County of Carteret,
North Carolina, and providing for the administration,
enforcement, and amendment thereof, in accordance with the
provisions of North Carolina General. Statutes 153A-340
through 153A-348 inclusive, and for the repeal of any
ordinance in conflict herewith.
1002. Purpose. The County Commissioners deem it necessary for the
purpose of promoting the health, safety, morals or general
welfare of the county to enact such an Ordinance. rib achieve
this end, the County Commissioners have appointed a Planning
Comunission to rem the boundaries of the various
original districts and appropriate regulations to be enforced
therein. As such, the Planning Commission has divided the
County into districts and has prepared regulations pertaining
to such districts in accordance with a comprehensive plan and
designed to lessen congestion throughout the County; to
secure safety from fire, panic and other dangers; to promote
health and the general welfare, to provide adequate light and
air; to prevent overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate
provision of transportation, water, sewerage, schools, parks
and other public requirements. The Planning Commission has
given reasonable consideration, among other things, to the
character of the districts and their peculiar suitability for
particular uses, with a view to conserving the value of
buildings and encouraging the most appropriate use of land
throughout the County, and the Planning Commission has
submitted its final report to the County Commissioners. The
County Commissioners have given due public notice of hearings
relating to zoning districts, regulations and restrictions,
and have held such public hearings, and all requiremnents of
the General Statutes of North Carolina, with regard to the
preparation of the report of the Planning Commission and
subsequent action of the County Commissioners have been met.
1003. Adopting Ordinance - An Ordinance Adopting a Revision of the
Zoning Ordinance of Carteret County.
WHEREAS, The Board of Commissioners of Carteret
County, North Carolina, has caused the Carteret County Zoning
Ordinance to be revised and embodied in a text entitled
"Carteret County Zoning Ordinance" dated the 15th day of
June, 1990; and
WHEREAS, it is the intent and desire of the Board of
Commissioners of the County of Carteret to adopt the
"Carteret County Zoning Ordinance" dated the 15th day of
June, 1990 (the "Revised Zoning Ordinance") as the zoning
ordinance effective for all properties in Carteret County,
North Carolina;
NOW, TH MUDRE,_be it ordained by the Board of
Commissioners of the County of Carteret, State of North
Carolina, as follows:
.1 The Revised Zoning Ordinance, dated June 15, 1990, is
hereby ordained as the "Carteret County Zoning Ordinance".
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.2 All of the provisions of the Revised Zoning Ordinance
shall be in force and effect on and after the effective date
of this ordinance.
.3 All zoning ordinances previously adopted by the Board
of Commissioners of Carteret county and in force on the 15th
day of June, 1990, and not contained in the Revised Zoning
ordinance, are hereby repealed from and after the effective
date of this ordinance, except as hereinafter provided in
Section 4.
.4 The repeal provided in Section 3 of this ordinance
shall not affect any offense or act committed or done or any
penalty of forfeiture incurred or any contract or right
established or accruing before the effective date of this
ordinance, nor shall the repeal provided in Section 3 affect
any prosecution, action, suit or other proceeding pending or
any judgment rendered on or prior to the effective date of
this ordinance.
Furthermore, the repeal provided in Section 3 of this
ordinance shall not affect any right, right-of-way or
easement acquired or established in any street, road, highway
or other public place within the County; any ordinance of the
County providing for laying out, opening, altering, widening,
relocating, straightening, acceptance or vacation of any
street, road or highway within the County, an ordinance or
resolution of the Board of Commissioners not in conflict or
inconsistent with the provisions of this Revised Zoning
ordinance or any previously approved plans or rights granted
by the Board of Commissioners or other agencies of Carteret
County, or permits validly issued and in full force and
effect as of the effective date of this ordinance.
.5 Sufficient copies of the Revised Zoning Ordinance shall
be maintained in the Planning Department of Carteret County
for inspection by the public at all times during regular
office hours. The enactment of this adopting ordinance
coupled with availability of copies of the Revised Zoning
ordinance for inspection by the public shall be deemed, held
and considered to be due and legal publication for all
provisions of the Revised Zoning ordinances for all purposes.
The Planning Staff shall make adequate arrangements for all
or any portion of the Revised Zoning Ordinance to be copied
by any person desiring a copy thereof.
.6 Each section.of the Revised Zoning Ordinance is an
independent section or part of a section and the holding of
any section or part thereof to be unconstitutional, void or
ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other section or part
thereof.
.7 The Revised Zoning Ordinance shall take effect at 12:01
a.m. on the 18th dof June, 1990.
CARL L. TI CHAR At i
CAR'1'ERET COUNTY BOARD OF COMMISSIONERS
2 6/15/90

r �
1004. Adopting Ordinance- An Ordinance Adopting a Zoning Map For
Carteret County, North Carolina.
WHEREAS, the Board of Commissioners of the County of
Carteret, State of North Carolina, have by ordinance adopted
a revised zoning ordinance entitled "Carteret County Zoning
Ordinance" dated the 15th of June, 1990 (the Revised Zoning
Ordinance") ; and
WHEREAS, said Revised Zoning Ordinance is and shall
be effective as of the 18th day of June, 1990; and
WHEREAS, the Board of Commissioners of Carteret
County desire to adopt a new zoning map, affixing zones
described in the Revised Zoning Ordinance to all properties
within Carteret County, North Carolina, which had been
assigned zones prior to the adoption of the Revised Zoning
Ordinance; and
WHEREAS, it is the intent of the Board of
Commissioners of Carteret County to assign zones described in
the Revised Zoning Ordinance to all previously zoned
properties within Carteret County so as the uses which were
allowed under the prior zoning ordinance of Carteret County
correlate as closely as possible to the uses allowed under
the Revised Zoning Ordinance;
NOW, THEREFORE, be it ordained by the Board of
• Commissioners of the County of Carteret, State of North
Carolina as follows:
.1 The zoning map of Carteret County presented to the Board
of Commissioners of Carteret County this date, which zoning
map is entitled - "Carteret County Zoning Map, dated June 15,
1990" is hereby designated the 'Official Zoning Map of
Carteret County", and is hereby adopted by the Board of
Commissioners as the official zoning map of Carteret County.
.2 All properties designated "PUDs" prior to the adoption
of the Revised Zoning Ordinance shall be entitled to retain
the "PUD" zoning designation as an overlay upon the zone
denoted on the Carteret County Zoning Map adopted hereby,
notwithstanding any procedural or approval prerequisites
required in the Revised Zoning Ordinance, by submitting to
the Planning Department of Carteret County a master plan for
the property so designated within twelve (12) months of the
effective date of the adoption of the Carteret County Zoning
Map. The submission of such a master plan, and the
acceptance thereof by Carteret County, shall not be deemed a
waiver of any required subdivision, group housing or other
specific requirement contained within any ordinance of
Carteret County, but rather the submission of such plan shall
only be effective as a waiver of the requirement for approval
of a master plan. To the extent that the master plan as
submitted fails to meet any substantive requirements of
density or otherwise of the Revised Zoning Ordinance, the
• submission of said plan shall grant no rights to construct or
subdivide in accordance with said plan, except to the extent
that valid permits for construction are or have been issued
prior to the effective date of the Revised Zoning Ordinance.
.3 Any property designated a "Flexible PUD" prior to the
3 6/15/90

•
adoption of the Revised Zoning Ordinance shall retain all
master plan approvals given prior to the date of adoption of
the Revised Zoning Ordinance, and all procedural
prerequisites to the designation of a property as a "Flexible
PUD" as set out in the Revised Zoning Ordinance shall be
waived as to such predesignated "Flexible PUDs".
This Zoning Map of Carteret County shall be effective as of
12:01 a.m. on the 18th day of June, 1990.
• ti i r� ih � r� r�
1005. Jurisdiction. These regulations govern the development and
use of land and structures in all zoned areas of the
unincorporated areas of Carteret County outside the zoning
jurisdiction of any other governmental unit. These
regulations do not apply to bona fide farms, except that
non -farms may be regulated as per Section 1007.
1006. Interpretation of Zoning Maps. Where uncertainty exists with
respect to the boundaries of the various districts shown on
the maps cited in Section 1004, the following rules will be
used to interpret the maps: •
1006.1 In cases where a boundary line is located within a street or
alley right -of --way, railroad or utility right-of-way or
easement, canal, navigable or unnavigable water body, it will
be considered to be in the center of the street or alley
right -of --way, railroad or utility easement, canal or water
body. If the actual location of such right-of-way, easement,
canal or water body varies slightly from the location as
shown on the map, then the actual location will control.
1006.2 Where a district boundary is shown to approximately coincide
with a property line or city limit line, the property line or
city limit line will be considered to be the district
boundary, unless otherwise indicated.
1006.3 In cases where a district boundary does not coincide or
approximately coincide with any street or alley, railroad,
water body or canal, or property line, and no dimensions are
shown, the location of the boundary will be determined by the
use of the scale appearing on the map.
1007. Bona Fide Farms Exempt. This ordinance shall in no way
regulate, restrict, prohibit or otherwise deter any bona fide
farm and its related uses. Non -farm uses on a farm shall be
subject to this ordinance. •
1008. Zoning Districts. For the purposes of this ordinance, a
portion of the unincorporated territory of Carteret County as
set forth in the accompanying zoning maps, is divided into
4 6/15/90

•
the
following districts. The hierarchy of zoning districts
established by this ordinance is classified from highest to
lowest in the order listed below:
a)
RA (Rural Agricultural District): This district
encompasses those lands which are primarily suited for
agriculture, agriculturally related uses, low density
residential or woodlands.
b)
R-35 (Residential District, 35,000 square foot minimum
lot size): This district is suited for law density
single-family residential dwellings in environmentally
sensitive areas. The minimum lot size is 35,000 square
feet.
c)
R-20 (Residential District, 20,000 square foot minimum
lot size): A single-family residential district
established to maintain a density of approximately two
units per acre with a 20,000 square foot minimum lot
size.
d)
R-15 (Residential District, 15,000 square foot minimum
lot size): A residential district requiring a minimum
of 15,000 square feet per lot if public water or sewer
is available and a minimum of 20,000 square feet if no
public services are available.
e)
R-15M (Residential District, 15,000 square foot minimum
•
lot size): A residential district requiring a minimum
of 15,000 square feet per lot if public water or sewer
is available and a minimum of 20,000 square feet if no
public services are available. This district allows
manufactured home or residential structures built as per
Volume 1B of the North Carolina Building Code.
-f)
R-10 (Residential District, 10,000 square foot minimum
lot size): A residential district allowing a minimum of
10,000 square feet if both public water and sewer
facilities are available or 15,OOO square feet if either
public water or sewer is available, and 20,000 square
feet if neither service is available.
g)
C-C (Church Campus District): A religious education and
recreation use district intended to facilitate the
orderly growth of church -related uses.
h)
OP (Office and Professional District): A district
established to provide controlled office, institutional
and professional development complexes.
i)
B-3 (Planned Business District): A business district
established to provide controlled shopping center
development.
j)
B-2 (Marine Business District): A business district
established for marine -related businesses.
k)
B-1 (General Business District): A business district
established for retailing of merchandise and for
•
conducting professional and business services.
1)
MC (Planned Mobile Home and Camp Park District): A
district allowing for the development of manufactured
home parks and travel trailer parks.
m)
LIW (Light Industrial Wholesale District): A district
5 6/15/90

suited for the location of offices, warehouses, and
other light industries on tracts of land where the
operations involved do not detract from the
development potential of nearby properties.
n) P-I (Port -Industrial District): An industrial district
developed exclusively for port -related manufacturing and
storage activities.
o) I-W (Industrial and Wholesale District): A district
suited for the location of manufacturing and other
related uses which would be incompatible with business
and residential areas.
1009. ZonjM Affects Every Building and Use. No building,
structure or land may be used or occupied, and no building,
structure or part thereof may be erected, constructed,
reconstructed, moved, enlarged, or structurally altered
unless in conformity with all the regulations of this
ordinance for the district in which it is located, except as
otherwise provided by this ordinance. However, the
regulations in this ordinance do not apply to bona fide farms
as defined in Section 1100.
1010. RoundiL)g Off Fractions. When any requirement of this
ordinance results in a fraction of a unit, a fraction of
one-half or more will be rounded off and considered a whole •
unit. Fractions of less than one-half will be rounded off to
the nearest lower number of units. For example, when the
determination of the number of dwelling units permitted on a
lot results in a fraction of a dwelling unit, a fraction of
one-half or more will be considered a dwelling unit and a
fraction of less than one-half will be disregarded.
1011. Lots Divided by Zoning District Boundaries. In the event
that a district boundary line on the zoning map divides a lot
or tract of single ownership, each part of the lot may only
be used in conformity with the regulations established by
this ordinance for the district in which each part is
located. Should such division prove to be an impractical
application and an unreasonable hardship, the lesser portion
of the lot or tract will be regulated the same as the greater
portion of the lot or tract; or in the case of an equally
divided lot or tract, the more restrictive zoning designation
applies.
1012. Reduction of Lot Area Prohibited. No lot existing at the
time of adoption of this ordinance may be reduced in its
dimensions or area below the minimum requirements of this
ordinance for the district in which it is located unless
specifically authorized by other provisions of this
ordinance. •
1013. Every Lot Must Abut a Street. No building, structure or use
of land for any purpose except agriculture may be placed on a
lot which does not abut a street. The following sections
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list exceptions to this rule.
1013.1 A single-family detached dwelling may be constructed on a lot
that does not abut a street, provided that the lot meets the
terms of the Carteret County Subdivision Regulations or is a
lot of record.
1013.2 Any structure approved under the Group Housing Ordinance is
exempt from this Section.
1014. Interpretation and Application of these Regulations. In the
interpretation and application of this ordinance, the
provisions of the ordinance will be construed to be the
minimum requirements adopted to promote the public health,
safety, comfort, convenience and general welfare.
1015. Relation of this Ordinance to Other Ordinances. It is not
intended that this ordinance will in any way repeal, annul or
interfere with the existing provisions of any law or
ordinance except the zoning ordinance which this ordinance
replaces. In addition it is not intended that this ordinance
will in any way repeal, annul or interfere with any rules,
regulations or zoning permits which were legally adopted or
• issued under previous ordinances for the use or development
of land or structures.
1016. Zoning Boundaries over Surface Waters. Since NCGS 153A-340,
as amended, permits a county to regulate development over
estuarine waters and over lands covered by navigable waters
owned by the State pursuant to G.S. 146-12, within the bounds
of that County, the zoning boundaries for waterfront parcels
shall be extended linearly 400 feet waterward of the mean
high water mark. This water surface zoning shall not
unreasonably infringe on the right to navigation protected by
the federal government or on other rights, such as
shellfishing rights, allowed by State government.
1017. Zoning District Changes Affecting the ZonjM Maps. Upon the
effective date of this ordinance, the R-50 (Single -Family
Residential District) zone shall be changed in name to RA
(Rural Agricultural), and the C-I (Planned Mobile Home and
Camp Park District) zone shall be changed in name to MC
(Planned Mobile Home and Camp Park District). These changes
do not constitute a change in the dimensional requirements or
uses permitted within these districts.
•
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1100. RULES OF CONSTRUCTION AND DEFINMONS
1101. Rules of Construction.
This ordinance has been written so that the average
citizen may use and understand its provisions. Efforts •
have been made to avoid the overuse of technical language
where the meaning could be conveyed in another form. For
the purposes of this ordinance, the following rules of
construction and interpretation apply.
1101.1 Words used in the present tense include future tense.
1101.2 Words used in the singular number include the plural number
and the plural number includes the single number unless
the context of the particular usage clearly indicates
otherwise.
1101.3 The words "shall", "must", and "will" are mandatory in
nature, implying an obligation or duty to comply with the
particular provision.
1101.4 The word "may" is permissive.
1102. Definitions.
For the purpose of this ordinance, the following words and
terms have the meanings specified in the following
sections.
Terms not herein defined shall have the meanings
customarily assigned to them. •
Abutting. Sharing a common boundary line or separated by
a publicly or privately dedicated road or right-of-way.
Accessory Building or Structure. A detached subordinate
building or structure, the use of which is incidental and
secondary to that of the principal building or use on the
same lot or tract of land as the principal building or
use. Under no circumstances shall an accessory building
or structure be used for residential occupancy.
Accessory Use. A subordinate use, clearly incidental and
related to the principal structure, building or use of
land, and located on the same lot as that of the principal
structure, building or use.
Adjacent. Nearby, but not abutting.
Adult Uses. An establishment which has a majority of its
business which excludes minors by reason of age because of
the sexually explicit nature of the material. Such
establishments include, but are not limited to, adult
bookstores, adult theatres (drive-in, picture and
mini -picture), massage parlors, adult cabaret, etc.
•
8 6/15/90

0-
Animal Hospital/Veterinary Clinic. A place or facility
which provides dental, medical or surgical care forr dogs,
cats and other damesticated animals. Kennels are not
included within this definition.
Apartment. A room, or suite of two or more rooms, which
is designed or intended for occupancy by, or which is
occupied by, one family.
Aquaculture. The use of land for those activities which
constitute the raising of seafood for commercial purposes.
Avocational Farming. The use of land for those activities
which constitute general farming on less than five acres
or which have sales less than $3,000.00 for the preceding
three years or which have less than ten acres of forest
land for which a management plan has been prepared.
Avocational farming includes the use of the land for the
raising and keeping of animals, reptiles, etc., or the
propogation of ornamental plants, fruits and vegetables in
a manner which does not constitute specialized animal
husbandry or specialized horticulture. Avocational
farming does not include home gardening or the keeping of
• pets, both of which are allowed in any zone. Home
gardening and the keeping of pets are customarily
accessory uses to the primary use of the land.
Auditorium. A place of assembly to watch and/or listen to
athletic events, musical performances, dramatic or dance
performances, speeches and/or ceremonies. The term is
intended to include such uses as stadiums, coliseums,
athletic centers, theatres and arenas.
Bed and Breakfast. See Boarding House.
Billboard. An outdoor advertising device, sign or display
used to advertise information concerning a person, place
or thing which is located off -site at another location.
Boarding House. A building other than a hotel where, for
compensation, meals, or lodging and meals, are provided
for five or more guests, but not exceeding nine guests.
Bed and breakfasts shall be included in this definition.
Boat. A self-propelled registered or documented vessel or
watercraft specifically designed to be self-propelled by
engine, sail, oar, paddle or other means which is used to
travel from place to place by water.
• Bona Fide Farm. Any tract of land containing at least
three acres which is used for dairying or the raising of
agricultural products, forest products, livestock
9 6/15/90

(domestic) or poultry, and may include facilities for the
sale of such products on the premises where produced,
provided that a farm shall not be construed to include
commercial poultry and swine production, cattle feed lots
and production of fur -bearing animals.
Buffer. A screening device used to moderate the adverse
impacts of one land use upon another. Buffers may include
walls, hedges, landscaped areas, berms, additional
setbacks, or combinations of the above. See Section 1601.
Building. A structure having a roof, supported by columns
or walls, for the shelter, housing or enclosure of
persons, animals or goods as per NC Building Code.
Building Height. The vertical distance measured from the
average elevation of the finished lot grade at the front
building line to the highest point of the roof beams
adjacent to the front of the wall in the case of a flat
roof, to the average height of the gables in the case of a
pitched roof, and to the deck line in the case of a
mansard roof, chimneys, roof top heating units, and the
like shall not be considered when calculating building
height.
Building Line. A line formed by the surface of the ground Is
and the closing wall of a building or portion thereof.
Where eaves, carports, terraces, patios, enclosed courts,
balconies, decks or other projections or appurtances are
portions of a building and extend beyond the enclosing
walls of the building, the building lines shall be the
outer face of such projections.
Built -Upon Area. That portion of an individual
development project that is covered by impervious or
partially impervious cover including buildings, pavement,
recreation facilities, etc., but not including decking as
defined in 15 NCAC 2H .1000 (Stormwater Runoff Disposal).
Business Residence. One structure consisting of both a
residence and business activity. The residence must be
physically attached to the business.
Camp, Seasonal. A facility intended as a
recreational/learning center for use by girl and boy scout
groups or others where activities may include riding,
swimming, tennis, hiking, crafts or the like. Camp
facilities may provide sleeping and eating quarters or may
be intended for day use only. Also called "Summer Camp".
Coastal Area Management Act (CAMA). A state law as •
defined in G.S. 113A-100 which claims jurisdiction
10 6/15/90

•
adjacent to coastal waters and other areas of
environmental concern. CAMA permits are required for any
land -disturbing activities which take place within a
prescribed distance from the mean high water mark.
Caretaker. A resident occupant on a business, industrial
or mobile home park site who is intended to oversee the
ongoing operations of said facility and remain on site
continuously for security reasons.
Church. A structure in which persons regularly assemble
for religious worship and which is maintained and
controlled by a religious body organized to sustain public
worship.
Club or Ledge, Private. An establishment operated by a
corporation or association of persons for social,
recreational, fraternal or charitable purposes, but which
is not operated for profit or to render a service which is
customarily conducted as a business.
Commercial Feeder Operation. An intensive animal raising
operation that takes place within a building (e.g. chicken
• hatchery and swine production).
Community Center or Civic Center. A new or existing
facility that is owned or operated by a non-profit group
from the community for non-commercial activity.
Conditional Use. A use, allowed pursuant to Section 3200,
which, owing to some special characteristics attendant to
its operation or installation, is permitted in a district
subject to approval by the Carteret County Board of
Commissioners, and subject to special requirements
different from those usual requirements for the district
in which the conditional use may be located.
Condominium. Real estate, portions of which are
designated for separate ownership and the remainder of
which is designated for common ownership solely by the
owners of those portions. Real estate is not a
condominium unless the undivided interest in the common
elements is vested in the unit owners.
Condominium Unit. A physical portion of the condominium
designated for separate ownership or occupancy, the
boundaries of which are described pursuant to G.S.
47C-2-105 (a) (5).
• Day Care Center. An agency, organization or individual
providing preschool instruction or daytime care to adults
and/or children not related by blood or marriage, or not
11 6/15/90

the legal wards or foster children of, the attendant adult
at any place other than an occupied dwelling in which the
occupant provides day care or any place which provides
care for more than 15 children/adults.
Day Care Center, Family. An occupied dwelling in which
the occupant provides preschool instruction or daytime
care to 6 to 15 children and/or adults not related by
blood or marriage, or not the legal wards or foster
children of, the attendant adult.
Dedication. A transfer of, or restriction of an interest
in land, by the owner for a specified purpose or purposes.
Because a transfer of property is entailed, dedication
must be made by written instrument or by operation of law
and is completed with an acceptance.
Double Frontage Lot. A lot, other than a corner lot,
having frontage on more than one street.
Drive -In Service Window. A customer service facility
designed for the convenience of the motoring public as an
accessory part of an office or retail establishment which
is intended to enable the customer to transact business
with a salesperson located within the principal structure
without exiting the motor vehicle. It is presumed that
the motor vehicle exits the premises immediately upon
completion of the business transaction.
Drystack Boat Storage. A dry dock boat storage facility
associated with commercial marinas.
Duplex. A building designed, constructed or reconstructed
for use as two dwelling units that are connected by a
coa non structural or load -bearing wall. Also known as
dwelling, two-family.
Dwelling, Single -Family. A building, or portion thereof,
designed and constructed for use as one dwelling unit
built according to the provisions of the NC Residential
Building Code (Volume 1B). A single-family dwelling may
contain an efficiency unit as defined in this Section.
.1 Detached. A single-family dwelling which is
unattached from another single-family dwelling.
.2 Attached. A one -family dwelling that is connected on
at least one side by means of a common dividing structural
or load -bearing wall to one or more other one -family
dwellings.
C7
•
C
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•
Dwelling, Multi -Family. A building designed, constructed
or reconstructed, and used for more than three dwelling
units.
Dwelling Unit. A room or group of rooms, including mobile
homes and modular units, forming a single independent
habitable unit with facilities used or intended to be used
for living, sleeping, cooking and eating by one family;
for owner occupancy or for rental, lease or other
occupancy on a weekly or longer basis, and containing
independent cooking, sanitary and sleeping facilities.
Units otherwise meeting this definition but occupied by
transients on a rental or lease basis for periods of less
than one week shall be construed to be lodging units.
Easement. A grant of rights by a property owner to
another entity to make limited use of a portion of real
property for a specified purpose.
Efficiency Unit. An additional dwelling unit within a
single-family dwelling that shall be allowed in all
residential zones if the following criteria are met:
• 1. The efficiency unit contains no more than 25% of the
gross heated and/or cooled floor area of the total
dwelling;
2. The lot meets the minimum lot size requirements of the
zoning district in which it is located.
See Section 3101.
Family. An individual, or two or more persons related by
blood, marriage or adoption living together as a single
housekeeping unit; or a group of not more than six
persons, who need not be related by blood, marriage or
adoption, living together as a single housekeeping unit.
Family Care Home. A home with support and supervisory
personnel that provides room and board, personal care and
habilitation services in a family environment for not more
than six resident handicapped persons. (Handicapped
person means a person with a temporary or permanent
physical, emotional or mental disability, including but
not limited to, mental retardation, cerebral palsy,
epilepsy, autism, hearing and sight impairments, emotional
disturbances and orthopedic impairments, but not including
mentally ill persons who are dangerous to others.)
• Fishing Ranch. A pond or lake, or series thereof, used
for the extraction of fish for recreational purposes and
opened to the general public on a commercial basis, not to
include hatchery facilities or operations.
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J
Floating Structure (Floating Home). Any structure, not a
boat, supported by a means of flotation, designed to be
used without a permanent foundation, which is used or
intended for human habitation or commerce. A structure
will be considered a floating structure when it is
inhabited or used for commercial purposed for more than
thirty days in any one location. A boat may be deemed a
floating structure when its meand of propulsion has been
removed or rendered inoperative and it contains at least
200 square feet of living space area. (15 NCAC .07M.0600)
Floor Area, Gross. The sun of the horizontal areas of the
several floors of the building, or portion thereof,
devoted to such use.
Floor Area, Net. Net floor area shall equal gross floor
area minus floor area devoted primarily to storage
purposes.
Golf Course. A tract of land designed and laid out for
the game of golf, involving accessory uses and buildings.
Group Home. A residential home provided by an agency,
organization or individual for persons who need sheltered
living conditions for rehabilitation or extended care •
purposes.
Group Care Facility. A facility licensed by the
appropriate state agency as a group care facility for from
seven to fifteen unrelated individuals, excluding
supervisory personnel, who are handicapped, aged or
disabled and are undergoing rehabilitation, or extended
care, and are provided services to meet their specific
needs. This category includes group homes for all ages,
half -way houses, foster and boarding homes.
Group Development. One or more principal structures built
on a single lot, tract or parcel of land and designed for
occupancy by more than one separate family, firm, business
or other enterprise.
Health Services. Establishments of licensed
practitioners, or licensed persons independently
practicing a profession, primarily engaged in rendering
medical, surgical and other health -related and allied
personal care services in the health field (e.g.,
physicians, physical therapists).
Home for the Acted. An agency, organization, or individual
providing care for three or more sick or aged persons not •
related by blood or marriage to the operator.
14 6/15/90

Home Occupation. An occupation, service, profession or
enterprise carried on by resident members of a family and
not more than two nonresident employees. An accessory use
of residential property which is clearly incidental and
subordinate to the principal residential use of the
property.
Home Occupation, Traditional. Traditional and/or historic
home occupations unique to given areas including, but not
limited to, small craft wooden boat builders, fishermen,
wood carving, artisan, food canning and the like which are
conducted on -site and may be conducted in an accessory
structure.
Horticulture. Specialized. The use of land for the
propogation of ornamental plants and other nursery
products such*as bulbs, florist greens, flowers,
shrubbery, flower and vegetable seeds, plants and sod and
fruits and vegetables grown primarily under cover (e.g.,
greenhouses).
Hotel, Motel, Motor Lodge, Motor Inn, Inn, Tourist Court.
A building or group of attached or detached buildings
containing, in combination, ten or more lodging units or
• ten or more dwelling units intended primarily for rental
or lease to transients by the day or week, as
distinguished from multi -family dwellings, rooming houses
and residential hotels in which rentals and leases are for
weekly or longer periods and occupants are generally
residents rather than transients.
Hotel, Residential. A building or group of attached or
detached buildings containing, in combination, ten or more
lodging units available for occupancy only for periods of
thirty days or longer, provided, however, that temporary
lodging units for guests of regular tenants may be
provided in any residential hotel, with the number of such
units limited to ten percent of the number of tenant
lodging units.
Junk Yard. An establishment operated or maintained for
the purpose of storing, dismantling, salvaging, recycling,
buying or selling scrap or used materials such as paper,
metals, rubber, rags, glass, wrecked, used or dismantled
products and articles such as machinery, vehicles,
appliances and the like.
Junked or Wrecked Motor Vehicles. Motor vehicles which do
not display a current license plate or a current
• registration sticker and which do not display a current
inspection sticker issued by or in the same state as the
license plate or registration sticker and which either:
15 6/15/90

•
.1 are partially dismantled or wrecked; or
.2 cannot be self-propelled or moved in the manner in
which originally intended.
Kennel. A place or facility prepared to house, board (for
a long or short time period), breed, handle, train or
otherwise keep or care for dogs and cats belonging to the
owner or occupant of the property, customers, patrons or
others, including lost or strayed animals, for
conpensation or as a humanitarian gesture. Facilities
which provide dental, medical or surgical care are exempt
from this definition, as well as facilities which breed
animals exclusively for the purpose of hunting, showing or
bettering blood lines for AKC registration.
Landfill. A site within which is deposited solid waste
material, including trash, construction debris, stumps,
branches and limbs, garbage and industrial waste.
Lodging Unit. A room or rooms connected together,
constituting a separate lodging for one family only,
physically separated from any other rooms or dwelling or
lodging units. Where two or more rooms are connected by a
doorway or doorways, and arranged, equipped and furnished •
in such a manner that they might reasonably be rented,
leased or occupied, either individually or in combination,
each room shall be construed as a lodging unit. (e.g.,
hotel and motel rooms).
Lot. A portion of a subdivision, or any other parcel of
land intended as a unit for transfer of ownership or for
development or both. In determining the area and
dimensions of the lot, no part of the right-of-way of a
road may be included.
Lot Area. The total horizontal area within the lot lines
of a lot exclusive of street or highway rights -of -way
and/or property below the mean high water mark.
Lot, Corner. A lot which occupies the interior angle at
the intersection of two street lines which make an angle
of less than 135 degrees with each other.
Lot Line, Front. In the case of an interior lot, the lot
line separating said lot from the street; in the case of a
corner lot or through lot, the lot line separating said
lot from that street which is designated as the front
street in the request for a Building Permit.
Lot Line, Rear. The lot line opposite and most distant •
from the front lot line; in the case of irregularly
16 6/15/90

•
shaped lots, such lot line shall be an imaginary line
parallel to the front line but not less than ten feet
along and measured within said lot.
Lot Line, Side. Any lot line which is not a front lot
line or a rear lot line; a lot line separating a lot from
a side street is an exterior side lot line, while a lot
line separating a lot from another lot or lots,0 is an
interior side lot line.
Lot, Nonconforming. A lot of record existing at the time
regulations were passed requiring greater minimum width or
area than provided on such lot, or establishing other
limitations which such lot does not meet. Such lots may
be considered substandard lots of record.
Lot, Non -Legal for Zoning Purposes. A lot which does not
meet the requirements of a nonconforming lot and is.
substandard. No such lot shall be used or occupied until
it is made to conform to the requirements of this
ordinance and other applicable regulations (e.g., a lot
which is illegally subdivided and does not meet the
minimum lot size requirement for the district in which it
is located).
isLot of Record. A lot which is part of a subdivision, a
plat of which has been recorded in the office of the
Register of Deeds of Carteret County prior to the adoption
of this ordinance, or a lot described by metes and bounds,
the description of which has been recorded prior to the
adoption of this ordinance.
Lot Width. The distance between the side lot lines,
measured along the front setback line as established by
this ordinance.
Mail -Order House. Establishment primarily engaged in the
retail sale of products by catalog and mail-order, and
including catalog and order -taking offices.
Manufactured Home. See Mobile Home.
Marina, Commercial. Any dock or basin and associated
structures providing permanent or. temporary commercial
harboring of ten or more commercial and/or pleasure boats
and providing services related to the facility including,
but not limited to, fuel sales, retail and food sales,
drystack boat storage, and other related services. Pump -
out facilities are required at commercial marinas. See
• Section 3117.
17 6/15/90

Marina, Residential. A private, non-profit boating
facility including permanent or temporary docks, piers
and/or launching ramp planned for the harboring or storing
of ten or more boats on property having water frontage,
the use of which is intended to serve primarily the
residents within an approved subdivision or planned unit
development. The facility is intended to serve units that
have a legal interest in the subdivision. No commercial
activities of any kind shall be allowed within the
confines of the facility. This shall include, but is not
limited to, drystack boat storage, fuel sales, slip
rentals and the like. Pub -out facilities shall be
required. See Section 3105.
Mobile Home. A structure over 32 feet in length and over
8 feet wide which is transportable in one or more
sections, built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation
when connected to the required utilities. The term
"mobile home" does not include a "recreational vehicle".
Also known as manufactured home.
Mobile Home Park. A parcel of land, more than three
acres, under single ownership which has been planned and
improved for the placement of two or more mobile homes for •
dwelling purposes. This definition shall not include
mobile home sales lots on which unoccupied mobile homes
are parked for the purpose of inspection and sale.
Mobile Home Space/Lot. A parcel of land occupied or
intended to be occupied by one and only one mobile home
for the exclusive use of the occupants of said mobile
home. Mobile home space shall also mean a parcel of land
in a mobile home park provided with the necessary utility
connections, patio, and other appurtenances necessary for
the erection thereon of only one (1) mobile home, and for
the exclusive use of the occupants of said mobile home.
Mobile Home Stand. That part of an individual mobile home
space which has been reserved for the placement of the
mobile home and additions or attachments thereto.
Model Unit Marketing Center. A model unit marketing
center shall be defined as a model unit, including model
homes, mobile homes and group housing units, located
within a particular development project only for the
marketing and sales of said approved development project.
See Section 3122.
Motor Vehicle Repair Garage. An establishment where the
following services are available: major mechanical
repairs, including engine overhaul and transmission work.
•
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•
Repair garages can also offer services similar to service
stations.
Motor Vehicles Service Station. An establishment where
gasoline, diesel oil and/or other fuel for internal
combustion engines is supplied and dispersed at retail. A
service station is not a repair garage nor a body shop.
Uses perm.issable at a service station do not include major
mechanical and body work, straightening of body parts,
painting, welding, storage of automobiles or trucks not in
operating condition or other operations involving noise,
glare, smoke, fumes or other characteristics to an extent
greater than normally found in service stations.
Nonconforming Building or Structure. An existing building
or structure which does not comply with this ordinance
either at the effective date of this ordinance or as as
result of subsequent amendments which may be incorporated
in this ordinance.
Nonconforming Use. The use of a building, structure or
lot for a purpose that does not conform to the use
regulations of this ordinance for the district in which it
• is located, either at the effective date of this ordinance
or as a result of subsequent amendments. which may be
incorporated in this ordinance.
Non -Profit Educational Cooperative. An organization
operated on a non-profit basis whose purpose is to
acquire, produce and distribute instructional materials
for the benefit of its member institutions. Membership
consists primarily of fully accredited schools of health,
education, social, legal environmental and/or engineering
sciences in institutions of higher learning. on -site
faculty development workshops and fellowship training
programs may also be provided as part of the
organization's purpose.
Nursing/Convalescent Home. A facility, licensed by the
appropriate state agency for the care of aged or infirmed
individuals, that meets the requirements set forth in this
ordinance.
Package Treatment Plant. Privately or publicly owned and
operated sewage treatment facility. These plants are
prefabricated by the manufacturer and delivered as
completed units to the clients.
• Parking Deck, Automobile. A special structure of two or
more levels designed to be used for the temporary storage
of motor vehicles. A parking deck shall be constructed
according to the required building and fire codes.
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•
Parking Space. A parking space is defined as an
off-street space available for the parking of motor
vehicles. A standard parking space must have minimum
dimensions of 10 feet in width and 20 feet in length with
a total minimum area of 200 square feet. This area does
not include any passageways and driveways used for access
to the space or spaces. Where there are lots designed to
accommodate more than ten vehicles, up to 25 percent of
the spaces may have minimum dimensions of 7.5 feet in
width and 16 feet in length. The smaller spaces, if
provided, shall be designated for use only by compact
cars.
Principal Building or Structure. A building or structure
containing the principal use of the lot.
Principal Use. The primary use and chief purpose for
which a lot is used.
Public or Community Sewer System. A single system of
sewage collection, treatment and disposal owned and
operated by a sanitary district, a metropolitan sewage
district, a water and sewer authority, a homeowners'
association, a county or municipality or a public utility.
Public Water Supply System. An approved water system •
serving fifteen or more connections or serving a minimum
of twenty-five people daily at least 60 days out of the
year, including county, municipal and private water
systems.
Recreation Use, Non -Profit. An indoor or outdoor
recreation use awned by a not -for -profit corporation,
according to the laws of North Carolina.
Recreation Use, Profit. An indoor or outdoor recreation
use owned by an entity other than a not -for -profit
corporation.
Restaurant. An establishment designed in whole or in part
to cater to or accommodate the consumption of food and/or
beverage and:
.1 Customers, normally provided with an individual menu,
are served their foods and/or beverages, including
alcohol, by a restaurant employee at the same table or
counter at which said items are consumed.
.2 A cafeteria style setting is provided where food,
and/or beverages are consumed within the restaurant •
structure.
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•
Restaurant, with Drive -In Service. An establishment
designed, in whole or in part, to cater to or accommodate
the consumption of food and/or beverages in automobiles on
or off the premises of such establishment.
Setback. Yard space, other than a court, unoccupied and
unobstructed by any structure or portion of a structure.
Fences and walls may be permitted in any setback subject
to height limitations established generally for the
district and, further, provided that poles, posts and
other customary accessories, ornaments, furniture and
landscaping shall be permitted in any setback if they do
not constitute substantial impediments to free flow of
light and air across the setback or violate provisions of
these or other regulations regarding visibility. Also
known as building line. In cases where the minimum front
setback line bisects the lot at a point where the minimum
lot width is substandard as set forth in the dimensional
requirements of the district, the front setback will be
determined at the point where the lot width equals the
minimum lot width.
Sign. Any device designed to inform or attract attention
• of persons not on the premises on which the device is
located. See Section 2100.
Sound Barrier. A sound barrier consists of a wall of
brick, concrete, concrete block, glass, full louvered or
sold wooden fencing manufactured of suitable salt -treated
lumber not less than eight feet high and no more than ten
feet from a building where outside noises occur (such as
animal, human, machinery, engines under operation or
testing, etc.) The sound barrier shall encircle the noise
area on all sides with a combination of building, wall, or
fence which meets the eight foot height requirement.
Special Use. A use which would not be appropriate
generally throughout the zoning district or without
special study, but which, if controlled as to number,
area, location or relation to neighborhood, would be.
Such uses which are listed as Special Uses in the
Permitted Use Table may be installed and operated only
after approval by the Zoning Board of Adjustment or by the
Board of County Commissioners, as appropriate, subject to
the general and specific standards.
Street. A public or private right-of-way not less than 30
feet in width set aside for public or private travel and
• either which has been accepted for maintenance by the
State of North Carolina, has been established as a public
or private street prior to the date of adoption of this
ordinance, or which has been dedicated to the State of
21 6/15/90

North Carolina for public travel by the recording of a
plat of a subdivision which has been approved by either
the Planning Commission or Board of County Commissioners,
or which had been approved as a private street in
accordance with the Carteret County Subdivision
Regulations by either the Planning Commission or Board of
County Commissioners.
Structure. A walled and roofed building that is
principally above ground, a manufactured home, a gas or
liquid storage tank or other manmade facilities or
infrastructures.
Temporary Residential Mobile Home. A mobile home,
intended for residential use for a limited period of time,
used for purposes of providing for custodial care under a
special use permit or providing temporary residential
space during the installation of a replacement mobile home
or.construction of a residential unit built to NC Building
Code on the same lot, and for 30 days after the issuance
of Certificate of Occupancy for the permanent unit. The
temporary mobile home shall be anchored as per NC Building
Code.
Thoroughfare. For the purposes of this ordinance the term
thoroughfare shall mean the rights -of --way of Highways 70,
24, 58, 101 and 12.
Trailer, Hauling or Utility. A vehicle or structure
designed to be transported and intended for carrying
animals or goods.
Trailer, Overnight Camping. For purposes of this
ordinance the following shall be considered an overnight
camping trailer:
.1 Travel Trailer: A vehicular, portable structure built
on a chassis (other than a mobile home), designed as a
temporary dwelling for travel, recreation and vacation.
.2 Pick -Up Coach: A structure designed to be mounted on
a truck chassis for use as a temporary dwelling for
travel, recreation and vacation.
.3 Motor Home: A portable, temporary dwelling to be used
for travel, recreation and vacation, constructed as an
integral part of a self-propelled vehicle.
.4 Camping Trailer: A temporary, folding structure,
mounted on wheels and designed for travel, recreation and
vacation use.
•
0-
0
22 6/15/90

Trailer Park, Overnight CamjM (Campground). An approved
site, tract of land or lot upon which not less than two
overnight camp sites and/or overnight trailers occupied
for temporary shelter, dwelling, recreational or vacation
uses may be located, regardless of whether or not a charge
is made for such services.
Triplex. A building designed, constructed or
reconstructed for use as three dwelling units that are
connected by a common structural or load -bearing wall.
Variance. A relaxation of the literal terms of this
ordinance where such relaxation will not be contrary to
the public interest and, where, owing to conditions
peculiar to the property and not the result of actions or
the situation of the applicant, a literal enforcement of
the ordinance would result in unnecessary and undue
hardship. A variance is authorized only for the
dimensional controls of this ordinance. Establishment or
expansion of a use otherwise prohibited shall not be
permitted by a variance.
Yard, Front. The space required between a front lot line
• and the front setback line of a principal building or
structure.
Yard, Rear. The space required between the rear lot line
and the rear building line of a principal building or
structure, which may permitted accessory buildings,
structures or uses.
:7
Yard, Side. The space required between a side lot line
and the side building line of a principal building or
structure, which may contain permitted accessory
buildings, structures or uses.
23 6/15/90

1200.
1201. Zoning Administration. The Director and staff of the
Carteret County Planning Department are hereby authorized, •
and it will be their duty, to administer and enforce the
provisions of this ordinance. More specifically, for the
purposes of this ordinance, it will be the duty of the
Zoning Enforcement Officer to enforce and administer the
provisions of this ordinance. An appeal from a decision
of the Zoning Enforcement Officer may be taken to the
Zoning Board of Adjustment established pursuant to this
ordinance in Section 1400.
1202. Enforcement Methods. The provisions of this ordinance may
be enforced by any one or more of the following methods.
The County may apply for any appropriate equitable remedy
to enforce the provisions of this ordinance.
1202.1 Injunction. The provisions of this ordinance may be
enforced by injunction. When a violation of this
ordinance occurs, Carteret County may apply to the
appropriate division of the General Court of Justice for a
mandatory or prohibitory injunction commanding the
defendant to correct the unlawful condition or cease the
unlawful use of the property.
1202.2 Order of Abatement. In addition to an injunction, the
County may enter an order of abatement as part of the
judgement in the case. An order of abatement may direct
any of the following actions: that buildings or other
structures on the property be closed, demolished, or
removed; that fixtures, furniture or other moveable
property be moved; that improvements or repairs be made;
or that any other action be taken that is necessary to
bring the property into compliance with the ordinance.
1202.3 Execution of Court Decisions. If the defendant fails or
refuses to comply with an injunction or with an order of
abatement within the time allowed by the court, he or she
may be cited for contempt. The County may execute the
order of abatement and will have a lien on the property in
the nature of a mechanic's and materialman's lien for the
cost of executing the order. The defendant may secure
cancellation of an order of abatement by paying all costs
of the proceedings and by posting a bond for compliance
with the order. The bond must be given with sureties
approved by the Clerk of Superior Court in an amount
approved by the Judge before whom the matter was heard and
will be conditioned on the defendant's full compliance
with the terms of the order of abatement within the time
fixed by the Judge. Cancellation of an order of abatement
does not suspend or cancel an injunction issued in
conjunction with the order.
•
1203. Violation of Ordinance. Any person, firm or corporation •
convicted of a violation of any provision of this
24 6/15/90

•
ordinance will be guilty of a misdemeanor. Such a
conviction is punishable by a fine not exceeding fifty
($50.00) or imprisonment not exceeding 30 days. After
notice of a violation is given, the violator will have 30
days to correct the violation. After that time, each
additional day that the violation continues to exist will
be considered a separate violation.
1204. Zoning Compliance Certificate. In order to ensure
successful completion of all improvements required for a
use as outlined in this ordinance, the Zoning Enforcement
Officer shall conduct a final inspection prior to issuance
of the certificate of occupancy. The purpose of this
inspection will be to review the development and ensure
compliance with the zoning permit issued. The Zoning
Enforcement Officer shall provide written certification
indicating that the use meets all applicable requirements.
It is illegal to occupy or change the use of any building
or land, except for land used for agricultural,
aquacultural and forestry purposes, until a zoning
compliance certificate has been issued by the Zoning
Enforcement Officer.
01205.1
1205. Zoning Permits.
It is illegal for any person to begin construction of, or
change the use of, a structure or any part of a structure
without obtaining a zoning permit from the Zoning
Enforcement Officer.
1205.2 The Zoning Enforcement Officer will not issue a zoning
permit unless the plot plans, zoning specifications and
intended use of the structure conform to the requirements
of this ordinance. The application for a zoning permit
must be accompanied by information sufficient to allow the
Zoning Enforcement Officer to act on the request.
1205.3 In cases where the applicant for a zoning permit appeals a
decision of the Zoning Enforcement Officer or applies for
a variance from the provisions of the ordinance, the
Zoning Enforcement Officer will forward all information
pertaining to the application to the Zoning Board of
Adjustment.
1205.4 Any zoning permit issued in accordance with this section
will lapse and become invalid unless the work for which it
was issued is started within six months of the date of
issue or if the work authorized by it is suspended or
abandoned for one year.
�206. Application for Zoning Permit. The following information
shall be required when making application for a zoning
25 6/15/90

permit:
•
a) Plot plan showing the actual dimensions of the lot to
be developed. The plot plan being drawn to scale when the
development is taking place in business, industrial,
office and professional, and church campus districts;
b) Location of existing and proposed buildings, including
setbacks;
c) Size of proposed building and, in the case of a
commercial structure, interior floor plans, when necessary
for determination to be made under other sections of this
ordinance;
d) Number and location of parking spaces for commercial
structure;
e) Location and dimensions of proposed and existing
signs.
•
•
26 6/15/90

1I9 `uI�l�u�-
1301. Amendment Responsibility.
0,01.1 The Board of County Commissioners on its own motion or by
petition may amend, supplement, change or repeal the
zoning district boundaries or regulations established by
this ordinance. Any such amendment will be adopted only
after public notice and public hearing as required by
general law.
1301.2 In approving an amendment to change a zoning
classification, the Board of County Commissioners may
change the existing zoning classification of the area or
any part of the area covered by the petition to the
classification requested or to a higher classification or
classifications as defined in Section 1010. This action
may occur without the withdrawal or modification of the
petition.
1302. Petition for Amendment. Petitions for an amendment to the
zoning ordinance or for the rezoning of property must be
filed in the office of the Planning Department by the
property owner or his duly authorized agent. An official
application form, entitled "Petition for Change of zoning
in Carteret County, NC" shall be obtained and returned to
the Planning Department no later than 17 days prior to the
date of the Planning Commission meeting for which the
• petition is slated. The filing fee shall be in accordance
with the Planning Department fee schedule and must
accompany the petition. A list of property owners
abutting the property under consideration for rezoning
shall also be submitted. The petitioner is responsible
for notifying abutting property owners by first class mail
as prescribed in N.C.G.S.153A-343. All abutting property
owners must be notified in advance of the Planning
Commission meeting date.
1303. Withdrawal/Suspension of Petitions.
1303.1 Petition for rezoning of property or amendment to the
ordinance may be withdrawn or suspended by the petitioner
at any time up to and including 10 days prior to the
hearing date. After that time, requests to withdraw or
suspend a petition must be filed with the Clerk to the
Board of County Commissioners and, on the day of the
hearing, the Commissioners will decide if the
withdrawal/suspension will be allowed. If the request for
a suspension is granted, the petitioner shall incur all
costs associated with the readvertisement of the public
hearing. If a petition is withdrawn, any reapplication
shall be treated as a new petition and all required fees
shall be paid.
•303.2 The petitioner will not be allowed to amend or change the
petition after the Board of County Commissioners
27 6/15/90

authorizes a public hearing to hear the request.
1304. Public Hearinci.
1304.1 No amendment of the ordinance or rezoning of property may
be adopted until after a public hearing has been held on
the petition. A notice of the hearing will be placed in a
local Carteret County newspaper once a week for two
successive calendar weeks. The notice will appear for the
first time no less than 15 days prior to the hearing date.
1304.2 The total amount of time allowed for the supporters or the
opponents of a petition to provide verbal comments shall
be determined at public hearing. At the hearing, the
presiding officer of the hearing will decide whether to
grant all or part of any request for additional time.
1304.3 In cases involving a controversial rezoning matter and a
lame number of persons wishing to speak at the public
hearing in favor of or against a request, the Planning
Department reserves the right to require those persons to
sign up in advance of the public hearing in order to
facilitate and organize the speakers. Persons who do not
register to speak in advance shall be allowed that right
at the public hearing. If such a requirement for
pre -registration is necessary, the advertised public
hearing notice shall clearly indicate this requirement.
1305. Recommendation of the Planning Commission. No proposal to
amend the zoning ordinance or rezone property will be
approved unless it is first submitted to the Planning
Commission for its recommendations pursuant to Section
1302. The Planning Commission must make a recommendation
to the County Commissioners within 45 days after the
petition has been referred to the Planning Commission. If
the Planning Commission does not render a decision within
that period, the petition will be considered the same as a
favorable recommendation.
1306. Effect of Denial by County Commissioners. A petition for
amendment to the ordinance or for the rezoning of property
that has been denied in whole or in part or has been
approved to a higher classification (as defined in Section
1010) than the one originally requested may not be
resubmitted within six months of the date of action on the
original request. However, the Board of County
Commissioners may choose to allow a re -application if,
after a report from the Planning Commission, it determines
that there have been substantial changes in conditions or
circumstances which may relate to the request.
•
•
28 6/15/90

1400. ZONING BOARD OF ADJUSTMENT.
01. Organization. This ordinance establishes a Zoning Board
of Adjustment. This Board will consist of five regular
members and up to two alternate members who are citizens
and residents of Carteret County to be appointed for
overlapping terms of three years.. An appointment to fill
a vacancy on the Board will be for the remainder of the
unexpired term.
1402. Rules of Procedure. The Board of Adjustment will adopt
rules and regulations in accordance with Chapter 153A of
the North Carolina General Statutes for its own operation
necessary to carry out the provisions of this ordinance.
The Zoning Enforcement Officer will maintain copies of the
adopted rules for public information. The Board of
Adjustment shall elect a chairman and vice-chairman from
its membership who shall serve for one (1) year or until
their successors are elected. The Chairman or, in
his(her) absence, the Vice -Chairman may administer oaths.
The Board shall appoint a secretary, who may be a County
officer, an employee of the County, a member of the
Planning Commission, or a member of the Zoning Board of
Adjustment. All meetings of the Board of Adjustment shall
be open to the public.
1403. Duties of the Board of Adjustment. The Board of
• Adjustment is assigned a certain number of specific duties
by this ordinance. Those duties are listed below.
1403.1 Interpretation of the Ordinance. The Board of Adjustment
is responsible for interpreting the provisions of the
ordinance if there is a question about the meaning or
application of a provision. Once the Board has made an
interpretation on an issue, the Zoning Enforcement Officer
will consistently use that interpretation in the
administration of the ordinance. The Board may also ask
that the ordinance be amended to clarify a problem with
the ordinance that has come to the Board's attention.
1403.2 Administrative Review. The Board of Adjustment will hear
and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made
by the Zoning Enforcement Officer. Any person who feels
that his/her legal or property rights may have been
affected, or any officer, department, board or bureau of
Carteret County may file such an appeal within 30 days of
the decision of the Zoning Enforcement Officer.
1403.3 Variance of the Ordinance Requirements. The Board of
Adjustment will hear and decide appeals for variances from
the requirements of the ordinance which relate to the
• establishment or extension of structures or uses of land.
Before a variance request may be granted, the Board must
find:
29 6/15/90

a) That practical difficulties or unnecessary hardship
would result if the strict letter of the law were
followed;
b) That the variance is in accordance with the general
purpose and intent of the ordinance;
c) That the public health, safety, and welfare have been
assured and substantial justice done.
The Board may not grant a variance which would allow the
establishment of a use which is not otherwise permitted in
the district, would result in the extension of a
nonconforming use, or would change the district boundary
or zoning classification of the property in question.
In reaching a decision on a variance request, the Board
will be guided by the following principles in its
evaluation of conditions which constitute "practical
difficulties or unnecessary hardship":
a) That the difficulty or hardship would result strictly
from the provisions of this ordinance and from no other
cause, including the actions of the owner or previous
owners of the property;
b) That the difficulty or hardship is peculiar to the
property in question and is not generally shared by
other properties in the neighborhood;
c) That the difficulty or hardship resulting from the
application of the provisions of the ordinance would
prevent the owner from securing a reasonable return
or making a reasonable use of the property. However,
the fact that the property could be utilized more
profitably will not be considered as grounds for
granting the variance request.
1403.4 Issuance of Special Use Permits. The Board of Adjustment
is responsible for issuing minor special use permits and
the Board of County Commissioners is responsible for
issuing major special use permits for uses which are
special uses in the Table of Permitted and Special Uses.
Before a special use permit may be granted, the Board must
find:
a) That the proposed use will not materially endanger
the public health or safety if located.where proposed
and if developed according to the plan as submitted
and approved;
•
•
•
30 6/15/90

b) That the use meets all required conditions and
• specifications;
c) That the use will not substantially injure the value
of abutting or adjoining property, or that the use is
a public necessity;
d) That the location and character of the use, if
developed according to the plan as submitted and
approved will be in harmony with the area in which it
is to be located and in general conformity with the
plan of development for the unincorporated area of
Carteret County.
1404. Appeals and Hearings. After notice of appeal, variance or
special use is received, the Board of Adjustment will hold
a public hearing within 36 days from the filing of such
notice. All administrative papers and other information
relating to an appeal, special use permit or variance must
be submitted to the Zoning Enforcement Officer by the
appellant. The Board will give notice of the time, place
and subject of its hearings to the person(s) making the
request. The applicant shall give notice to the owners of
abutting properties. Proof of notification shall be
required in advance of the Board of Adjustment meeting.
The Board will keep minutes of its hearings and records of
the votes of each membex.
05. Actions of the Board. Any decision of the Board of
Adjustment will state the reasons and the findings of fact
and conclusions of law made by the Board to reach its .
decision. The concurring vote of a four -fifths of the
members of the Board will be required to reverse any
order, requirement, decision or determination of any
administrative official charged with enforcement of the
ordinance, or to decide in favor of the person(s) making
an appeal, special use permit or a variance request. The
Board of Adjustment shall inform the parties involved of
its decision and the reasons and findings of fact in
writing.
1406. Rehe4rr. . The Board of Adjustment will refuse to hear an
appeal or application for a variance which has been
previously denied if it finds that there have been no
substantial changes in the conditions, circumstances or
evidence relating to the matter.
1407. Fees. Petitions for appeals to be considered by the Board
of Adjustment must be filed with the Planning Department
and must be in accordance with the Planning Department Fee
Schedule.
•
31 6/15/90

1408. Appeals of the Decision of the Zoning Board of Adiustment.
Any person or persons aggrieved by a decision of the Board •
may appeal the decision of the Board of Adjustment to the
Superior Court of North Carolina within thirty (30) days
after a written and signed copy of the decision is filed
in the Planning Department. Any aggrieved party may
submit a written request for the decision at the time of
the hearing.
•
•
32 6/15/90

� � � j:��i�i� ►I�� :�u1-�Ceii��
1501. Purpose. This ordinance places restrictions on the use
and development of land by establishing minimum standards.
In many instances, land and improvements were developed or
proposals for the use of land were initiated prior to the
adoption of this ordinance. These uses may not meet the
minimum standards contained in this ordinance because they
were developed under no specific standards or under
standards which were less restrictive. The Board of
County Commissioners recognizes that the strict
application of these standards to such uses may create
certain hardships for the property owner. The Board also
recognizes that these uses may be allowed to continue in
use in accordance with the spirit of this ordinance, even
though not meeting the ordinance standards. Therefore,
the uses or situations described below are accorded a
nonconforming status with all the specific privileges and
limitations set forth to govern their existence.
1502. Nonconforming Vacant Lots. A nonconforming vacant lot is
a lot which does not conform to the use regulations of
this ordinance for the district in which it is located,
either at the effective date of this ordinance or as a
result of subsequent amendments which may be incorporated
in this ordinance. A nonconforming vacant lot may be used
for any of the uses permitted by this ordinance in the
district in which it is located if the use of the lot
meets the following standards:
�02.1 The minimum requirements for front, side and rear yards,
height of structures, and unobstructed open space for the
particular district must be met.
1502.2 Duplexes and multi -family dwellings must meet the minimum
lot standards for those uses in the particular district in
addition to the dimensional requirements listed in section
1502.1.
1502.3 The lot in question does not abut a lot which could be
combined with it to make it conforming.
1503. Nonconforming Occupied Lots. A nonconforming occupied lot
is a lot which contained a structure at the time this
ordinance was adopted, but which does not meet the minimum
requirements for width, area, front, side or rear yard,
height and unobstructed open space for the district in
which it is located. Any structures on this type of lot
may be improved or expanded in accordance with the
following standards:
1503.1 Any improvement or expansion of any building on this type
of lot must comply with the minimum requirements of the
ordinance for front, side and rear yard, height and
unobstructed open space for the district in which the lot
is located, provided any improvement or expansion does not
33 6/15/90

increase the nonconformity.•
1504. Nonconforming Open Uses of Land. A nonconforming open use
of land is an open use on a lot when the only buildings
are incidental and accessory to the principal open use
which was in existence prior to the adoption of this
ordinance and which would not be permitted by this
ordinance in the district in which it is located. Uses
such as storage yards, used car lots, auto wrecking,
salvage yards, golf driving ranges, rifle ranges and
miniature golf courses are examples of open uses. A
legally established nonconforming open use of land may be
continued but is subject to the following limitations:
1504.1 A nonconforming open use of land may only be changed to a
conforming use; however, it may not later be used for any
nonconforming use.
1504.2 A nonconforming use of land that is discontinued for more
than six months may not be reestablished and all
subsequent uses of the site must be in conformance with
the particular district regulations. Any vacancy or
non-use of the land regardless of the intent of the owner
or tenant will be considered a discontinuance for the
purposes of this requirement. •
1504.3 A nonconforming open use of land may not be enlarged to
cover more land than it occupied when it became
nonconforming.
1505. Nonconforming Uses of Structures. A nonconforming use of
a structure is a use in a structure which existed prior to
the adoption of this ordinance which would not be
permitted by this ordinance in the district in which it is
located. This type of use may be continued subject to the
following limitations:
1505.1 A nonconforming use of a structure may be changed to
another nonconforming use or to a conforming use. The
change of a nonconforming use to another nonconforming use
must not generate any more automobile or truck traffic,
noise, vibration, smoke, dust or fumes than the original
nonconforming use.
1505.2 Once a nonconforming use of a structure has been changed
to a conforming use, it will not be allowed to return to
any nonconforming use.
1505.3 Maintenance and repairs which are necessary to keep a
structure which houses a nonconforming use in a safe and
sound condition are permitted. 0
34 6/15/90

1505.4 A nonconforming use of a structure may be enlarged or
extended only into portions of the structure which existed
at the time that the use became nonconforming and which
were designed or arranged to accommodate the use. No
structural alterations are allowed to any structure
containing a nonconforming use except for those required
by law or an order from the building inspector to insure
the safety of the structure. Existing nonconforming
residential uses in a business or industrial district may
be enlarged or extended as long as no additional dwelling
units result from the enlargement or extension and all
improvements are completed in accordance with the North
Carolina Building Codes.
1505.5 A nonconforming use of a structure that is abandoned for
more than six months may not be re-established and all
subsequent uses of the structure must be in conformance
with the particular district regulations.
1506. Reconstruction of Damaged Structures. When a structure on
a nonconforming lot or a structure containing a
nonconforming use is damaged by fire, flood, wind, Act of
God, or condemnation proceedings the structure may be
repaired and restored to its original dimensions and
• conditions provided that not more than fifty (50) percent
of its structural value has been damaged.
1507. Reserved.
1508. Changes in Zoning. Any nonconformance created by a change
in a zoning classification or district boundary or by a
change in the regulations in the ordinance will be
regulated by the provisions of this Section.
•
35 6/15/90

1600. SUPPIEtKENTARY RDGUTATIONS.
1601. Screenim/Buffering.
i601.1 General Screening Requirements. Whenever screening is •
required, a minimum 10-foot wide vegetative buffer must be
provided to materially screen the uses within the subject
property from the view of abutting properties. The
vegetative buffer shall contain evergreen shrubs spaced
not more than five feet apart, and not less than one row
of dense shrubs planted at an initial height of at least
three feet and shall be of such type that can be expected
to be five feet or more in height after three growing
seasons. Said vegetative buffer shall be maintained
continuously in a healthy state by the property owner(s).
When a vegetative buffer is deemed inappropriate due to
limited lot area, the Zoning Enforcement Officer may allow
either a durable masonry wall or wooden fence designed to
be compatible with the character of adjacent properties.
Within residential districts, walls and fences must be at
least five feet in height but not greater than ten feet in
height, measured from the ground along the common lot line
of adjoining properties. Along zoning district
boundaries, walls and fences must be at least five feet
high but not.greater than eight feet high. Walls and
fences must be constructed and maintained in safe and
sound condition.
1601.2 Screening and Outdoor Storage. Outdoor storage of any
material, stocks, or equipment, accessory to a principal •
use on any lot within any district other than a
residential district must be screened from any abutting
lots in residential districts in accordance with the
requirements of Section 1601.1 and other pertinent
provisions of this ordinance. The screening may be
located anywhere on the property, subject to other
pertinent provisions of this ordinance, and provided that
the open storage area is effectively screened as specified
above.
1601.3 Screening Junkyards and Salvage Yards. Junkyards and
salvage yards must be screened from public view from any
public street and fram any abutting lots in accordance
with the requirements of Section 1601.1 and other
pertinent provisions of this ordinance. The screening may
be located anywhere on the property, subject to other
pertinent provisions of this ordinance, and provided that
the junkyard or salvage yard is effectively screened as
specified above.
1601.4 Screening and Zoning District Boundaries. In all cases
where a residential district is bounded by any other
zoning district, screening shall be required in accordance
with the requirements of Section 1601.1 and other
pertinent provisions of this ordinance when •
non-residential property is developed. The screening
36 6/15/90

•
shall be located along the perimeter of the property which
is not zoned residentially.
1601.5 Waiver of Screening Requirements when Screening is Already
Provided. There may be cases where the unusual
topography or elevation of a site, or the size of the
parcel involved, or the presence of screening on abutting
property would make the strict adherence to the ordinance
serve no useful purpose. In those cases, the Zoning
Enforcement Officer is empowered to waive the requirements
for screening as long as the spirit and intent of the
ordinance and the general provisions of this ordinance
pertaining to screening are adhered to. This section does
not negate the necessity for establishing screening for
uses abutting vacant property.
1601.6 Vegetative Requirements Along Shorelines of Sounds,
Rivers. Canals and other Water Bodies. Except when
accessory structures are allowed in rear or side yards
under other provisions of this ordinance, the minimum rear
and side yards for the zoning district in which the lot is
located shall remain vegetated on waterfront lots. The
vegetation shall consist of grass, trees, other planted
ground cover or remain in a natural state. Only the sides
of the lot abutting the sound, river, canal or other water
body shall comply with this requirement.
1602. Development Within Flood Zones. The Federal Emergency
Management Agency (FEMA) governs development within flood
zones with the use of Federal Insurance Rate Maps (FIRM).
Four flood zones have been designated: "V", "A", "B" and
"C" zones. Any development with the "V" and "A" zones
must meet the minimum height requirement as per the FIRM
maps. Should a property owner not agree with the FIRM map,
an appeal may be made to FEMA.
1603. Development Within Coastal Area Management Zone. The
North Carolina Coastal Area Management Act (CAMA) governs
development within certain areas of environmental concern,
including areas directly abutting coastal waters. Prior
to issuance of a Zoning Permit, required CAM permits must
have been issued.
1604. Structures Permitted Above the Height Limit.
1604.1 The following structures, features, or equipment are
permitted above the height limit in any district: silos,
skylights and roof structures for elevators, stairways,
tanks, ventilating fans, air conditioning or similar
equipment for the operation or maintenance of the building
and any device used for screening such structures and
equipment.
37 6/15/90

1604.2 The following structures are permitted above the height
limit on lots in the business, church campus and
industrial districts which do not abut lots in any
residential district: towers, steeples, flagpoles,
chimneys, water tanks or similar structures. If this type
of structure is on a lot which abuts a residential
district, then the part of the structure above the height
limit must be separated from any such abutting lot line by
a distance equal to at least one-half of its height
measured from the ground. Towers used to support electric
power and other utility lines are exempt from this
requirement.
1604.3 The structures listed in Section 1604.2 above are also
permitted above the height limit in residential districts.
However, any part of such a structure which extends above
the height limit must be separated from any abutting
property line by a distance equal to at least half of its
height measured from the ground. Otherwise the structure
will be subject to the usual requirements for the
particular district. Towers used to support electric
power and other utility lines are exempt from this
requirement. Towers and other similar structures used
solely for the purposes of amateur radio reception and
transmission shall be exempt from this requirement.
1604.4 Radio and television towers and similar structures are
permitted above the.height limit in any district. If such
a structure is located on a lot in or abutting a
residential district, it must be located at least 50 feet
from all abutting residential property lines or at a
distance equal to its height, whichever is greater.
1604.5 The height of any structure shall be measured from its
finished grade.
1605. Accessory Structures. Accessory structures will not be
permitted in any required front yard or within five feet
of any side or rear exterior property line. If located on
a corner lot, the accessory structure will not be nearer
to the side street than the principal structure. Security
guard stations and gates may be located within any
required setback or yard provided that the site has been
approved by the Zoning Enforcement Officer. Underground
accessory structures will be permitted within any setback
or yard requirement in any district but shall not be
permitted any closer than five feet to any exterior
property line. Canopies to cover gasoline pumps are
permitted to be located ten feet from any exterior
property line. Exempted from the requirements for
accessory structures are well houses, fences, mail boxes,
flower boxes, dog houses, and the like.
38 6/15/90

0
1606. Public Utility Companies. Public utilities may be
established in any district in conformance with the
requirements listed below:
.1 Lots must conform to minimum setback and yard
requirements of the district in which they are
located.
.2 The design of buildings, structures and facilities on
the site should conform as closely as possible to the
character of the area or neighborhood.
.3 Adequate fencing or comparable safety devices must
be installed and maintained in order to make the
facility inaccessible to the public.
.4 Portions of properties not used for buildings, parking
or related services must be maintained with planted
ground cover. Screening must be provided in
accordance with the provisions of Section 1601.
1607. Reserved.
1608. Minimum Requirements for Mixed Uses. When two or more
uses occupy the same building and those uses would
normally have different minimum requirements, the more
restrictive requirements shall apply. The off-street
parking and loading requirements for each use must be met
fully.
1609. Modifications of Setbacks. When a lot is nonconforming
relative to its width, the side yard requirements for the
lot may be reduced by a distance equal to the average of
the district requirement and the established nonconforming
side yard created by existing primary structures within a
300-foot radius. In no case shall a structure and its
architectural features such as cornices, eaves, steps,
gutters and fire escapes be allowed any closer than seven
feet to a side property line.
1610. Certain Extensions into Yards Allowed. Architectural
features such as cornices, eaves, gutters and handicapped
ramps may project up to three feet into any required yard
or beyond any required setback unless such a feature would
obstruct driveways which may be used for service or
emergency vehicles.
1611. Reserved.
�1612. Side and Rear Yards Next to Railroad or Waterfront. In
! business and industrial districts, side yards and rear
yards are not required abutting railroad rights -of -way. In
39 6/15/90

I W and P-I districts side yards and rear yards are npt
required on the waterfront side of lots which abut the
water.
1613. Location of Required Yawls on Irregular Lots. The
location of required front, side and rear yawls on
irregularly shaped lots will be determined by the Zoning
Enforcement Officer. The determination will be based on
the spirit and intent of this ordinance to achieve an
appropriate spacing and location of buildings on
individual lots.
1614. Special Yard Requirements for Corner Lots. In any zoning
district, the side yard requirements for corner lots along
the side street right-of-way shall be required to have an
additional ten feet of yard requirement, unless otherwise
stated.
1615. Rear Yard Requirements for 'Through Lots. If both the
front and rear yards of a lot abut public streets, then
the minimum rear yard will be the same as the minimum
front yard for the district. Section 1626 also contains
standards for yards, including rear yards which abut
thoroughfares.
1616. More Than One Principal Building Per Lot. Only one
principal building and its customary and/or rightful
accessory buildings may be erected on any lot unless
otherwise authorized by this ordinance.
1617. Construction of Buildings on lots Not Abutting a Street.
No building shall be erected on any subdivided lot which
does not abut at least 25 feet on a street unless such lot
has been exempted under the Carteret County Subdivision
Regulations or was given preliminary approvar prior to the
adoption of this ordinance or is a lot of record.
1618. Not Used.
1619. Fences and Walls in Residential Districts. Within
residential districts no freestanding wall or fence may
exceed ten feet in height within any required yard. This
wall and fence height limit does not apply to walls and
fences constructed around electxic and gas substations,
telephone repeater stations or huts, sewage treatment
plants, pressure regulator stations, buildings to house
pumps and lift stations and similar structures; radio,
telephone and television masts, towers, antennas, and
similar structures; municipal reservoirs and water storage
tanks. Walls and fences related to these uses need not
conform to any of the yard or setback requirements
specified in this ordinance.
49
0
40 6/15/90

L,
1620. Reserved.
1621. Driveway Permits. Driveway permits shall be required upon
any road or right-of-way upon which the North Carolina
Department of Transportation requires one.
1622. Visibility at Intersections. On a corner lot in any
residential district, no plantings, fence, wall or other
obstruction to visibility more than three feet in height
shall be placed in the area bounded by the street
rights -of --way of such corner lots and a line joining
points along said street rights -of -way fifty feet from the
point of intersection.
1623. Not Used.
1624. Institutional Uses in Residential Districts. The
following institutional uses shall be permitted by right
within any residential district:
.1 Governmental Buildings -
a) Minimum lot size shall be one acre;
b) Screening may be required in accordance with
Section 1601;
c) The minimum setbacks of the residential district
in which the building is located must be met;
d) Off-street parking shall be required in accordance
with Section 2000;
e) Any other applicable requirements of the Zoning
Ordinance must be adhered to.
.2 Fire Stations -
a) Minimum lot size shall be one acre;
b) Screening shall be required in accordance with
Section 1601;
c) The minimum setback for all sides shall be 30
feet;
d) Off-street parking shall be required in
accordance with Section 2000;
e) Any other applicable requirements of the Zoning
Ordinance must be adhered to.
.3 Family Care Home -
a) Minimum lot size shall equal what is required for
the specific district in which the family care
home is to be located;
b) Minimum setbacks shall be in accordance with the
specific district in which the family care home is
to be located;
c) Off-street parking shall be in accordance with
Section 2000;
d) No family care home shall be located any closer
41 6/15/90

than one-half mile from an existing family care
home;
e) Any other applicable requirements within the
Zoning Ordinance shall be adhered to.
.4 Public or Private Schools -
a) Minimum lot size shall be one acre;
b) Minimum setbacks shall be 30 feet on all
sides;
c) Screening shall be required in accordance with
Section 1601;
d) Off-street parking shall be in accordance with
Section 2000;
e) Any other applicable requirements within the
Zoning Ordinance shall be adhered to.
.5 Public Parks -
a) Minimum lot size shall be one half acre;
b) Minimum setback shall be in accordance with the
residential zoning district in which the park is
located;
c) Off-street parking shall be in accordance with
Section 1601;
d) Any other applicable requirements within the
Zoning Ordinance shall be adhered to.
.6 Public Utility Facilities- See Section 1606.
1625. Reserved.
1626. Special Requirements for Lots Along Thoroughfares (i.e.
Highways 70, 24, 101, 58 and 12).
1626.1 When the front, rear or side yard of a lot in any district
abuts a thoroughfare, the minimum setback on the side of
the thoroughfare shall be 40 feet.
•
•
42 6/15/90

2000. Off -Street Parking and loading RequiraTent.
2001. Off -Street Bft]jd cr Requirements. In order to assure a
prcpex and uniform develcprent of public parking areas
throughout the unincorporated areas of Carteret County, to
relieve traffic congestion in the streets and to minimize
any detrimental effects of off-street parking areas on
adjacent properties, the procedures and standards set forth
in Section 2002 through Section 2019 will apply.
2002. Schedule of Off -Street Parking Requirements.
Off-street parking must be provided and maintained as
specified in the following schedule. These requirements
will apply to all new buildings and uses and to new
additions to existing buildings and uses in all districts.
Type of Use:
Airports, railroad stations, 1 space per each 4 seats
and bus terminals for
waiting passengers,
plus 1 space for each
two employees on shift
of greatest employment.
Auditoriums, stadiums,
assembly halls, gymnasiums,
theatres, community
recreation centers, churches
and other places of public
assembly
Automobile service station
Automobile sales
Banks, savings and loans,
0 and similar uses
1 space per 4 fixed
seats in largest
assembly room or area or
for each 40 square feet
of floor area available
for the accommodation of
movable seats in the
lamest assembly room,
or 1 space per each 150
square feet of gross
floor area, whichever is
needed by the facility.
2 spaces per each
service bay, plus 1
space per each employee
on shift of greatest
employment.
In addition to inventory
display areas, 1 space
per 400 square feet of
building area devoted to
sales, minus any storage
areas.
10 spaces minimum for
customer parking and 1
43
6/15/90

space for each 1
employee on shift of
greatest employment.
Barber shop, beauty shop and 2 spaces per operator
personal services
Car wash 1 space per 2 employees.
Child care and kindergarten 1 space per teacher or
staff plus 1 space for 1
car for drop-off and
pick-up per 10 children
as identified in the
licensing limit.
Dental and medical offices 4 spaces per doctor plus
and clinics 1 space per employee
other than physician.
Delivery, ambulance and 1 space per vehicle,
other similar services plus 1 space for each 2
employees.
Drive-in facilities 3 stacking spaces for
(in addition to use requirement) each bay, window or
lane.
Fire station 1 space per person on
duty on a normal shift.
Funeral home 1 space per each 60
square feet of floor
area available for
seating acconmodations.
Hospitals 1 space for each 2
patient beds, plus 1
space for each staff or
visiting doctor, plus 1
space for each 3
employees.
Industrial, manufacturing
and wholesaling establishments
laboratories and other
facilities for research
1 space for each 1
employee on shift of
greatest employment,
plus 5 spaces for
visitor parking.
1 space for each
employee on the'shift of
greatest employment.
•
•
44 6/15/90

E
•
Marinas, ccaze=ial-
Marinas with boat ramp,
C3omT ercial
Marinas, residential
Mobile home sales
0.6 spaces per wet or
dry slip plus 1 space
per employee.
0.6 spaces per wet or
dry slip plus 1 space per
employee, plus 25 12'
by 40" spaces for each
boat ramp.
20 percent of wet or dry
slips available.
5 spaces, plus 1 space
per 10,000 square feet
of lot area.
Motels, hotels, bed & breakfast, 1 space per unit, plus 2
motor courts, boarding houses, spaces per 3 employees
and similar uses on the shift of greatest
employment.
Museums and art galleries
Nursing homes, rest harms
homes for the aged
Offices
1 space per 300
square feet of gross
floor area.
1 space for 4 patient
beds, plus 1 space per
each 2 employees on the
shift of greatest
employment. ,
1 space for each 200
square feet of net floor
area.
Post office 1 space per 150 square
feet of public service
area, plus 2 spaces per
3 employees on shift of
greatest employment.
Public library
Public or private clubs
1 space for each 300
square feet of net floor
area.
1 space for each 200
square fee' - of net floor
area.
Public utility buildings 1 space for each
0 employee on shift of
45
6/15/90

Radio and T.V. stations
Recreational uses:
a) Bowling alleys
b) Golf courses
greatest employment.
2 spaces per 3
employees on shift of
greatest employment.
4 spaces per lane.
4 spaces per hole.
c) Public/private swinming pools 1 space per 100 square
excluding single-family and feet of water and deck
multi -family residential pools area.
d) Recreation uses such as 1 space per tee, green,
golf driving ranges, court and/or other
miniature golf, tennis, method of participation
billiards or pool centers or however styled.
other similar uses
e) Recreational clubs
Residential uses:
a) Boarding house
b) Housing designed for and
used by the elderly
c) Home occupation
d) Multi -family residence
e) Single-family dwelling
1 per 250 square feet of
net floor area.
1 space per room or
boarder, whichever is
greater, in addition to
the normal requirement
for the dwelling unit.
1 space per 4 dwelling
units.
2 additional parking
space, in addition to
residence requirements.
1.5 spaces for units
549 sq. ft. or less;
1.75 spaces for units
550-699 sq. ft.; 2
spaces for units
700-1,249 sq. ft.; 2.25
spaces for units over
1,250 sq. ft.
2 spaces per dwelling
unit.
is
•
•
46
6/15/90

f) Duplex or triplex 2 spaces per dwelling
unit.
g) Dormitories
1 space per three
residents.
h) Efficiency unit
1.5 spaces for units 549
sq. ft. or less; 1.75
spaces for units 550-699
sq. ft; 2 spaces for
units 700-899 sq. ft.;
2.5 spaces for units
greater than 900 sq. ft.
Restaurants, diners and
10 spaces minimum plus 1
night clubs
space for every 3 seats.
Retail business
1 space per 200 square
feet of gross floor
area.
Schools, elementary and junior
1 space for each
High, including public and
classroarn and
private
administrative office
employee and maintenance
employee, plus 5 visitor
parking spaces, plus 1
school bus space for
each 50 students, when
necessary.
Schools, senior high, trade and 5 spaces per each room
vocational, and colleges and used for administrative
universities offices or class
instruction, or 1 space
for each 5 seats in
auditoriums and other
places of assembly or
facilities available to
the public, whichever is
greater, plus 1 school
bus space for each 50
students, when
necessary.
Wholesaling with related retail 2 spaces per 3 employees
business on the shift of greatest
employment, plus
additional spaces per
square foot of gross
floor area devoted to
retail sales as
47 6/15/90

applicable from "Retail
Business" schedule.
2003. Parkinct Space and Travel Aisle Width Defined.
2003.1 A parking space is defined as an off-street space
exclusively available for the parking of motor vehicles. A
standard parking space must have minimum dimensions of 10
feet in width and 20 feet in length with a minimum of 200
square feet needed. This area does not include any
passageways and driveways used for access to the space or
spaces
Where there are lots designed to accommodate more than 10
vehicles, up to 25 percent of the spaces may have minimum
dimensions of 7.5 feet in width and 16 feet in length. The
smaller spaces, if provided, shall be designated for use
only by compact cars.
2003.2 The minimum width of a travel aisle width in a parking lot
with two-way (2 lanes) traffic shall be 24 feet. The
minimum width of a traffic aisle for one-way (1 lane)
parking shall be 14 feet.
2004. Parking Spaces in Driveways. In the absence of garages or
carports, driveways may be considered as providing required
off-street parking spaces for single-family, two-family and
three-family dwellings in residential districts.
2005. Location of Parking Spaces. Parking spaces must be located
so that no space is farther than 400 feet from the
buildings or uses to which it is assigned. However, in no
case shall parking be located across a thoroughfare (i.e.,
Highways 24, 58, 70, 101 and 12) from the use nor shall
parking be permitted within a structure unless it is an
approved parking garage. The Planning Commission may waive
this distancing requirement if a shuttle system is provided
for the use. This 400-foot distancing requirement does not
apply to parking spaces for auditoriums, assembly halls,
gymnasiums and other places of assembly, industrial,
wholesaling, manufacturing establishments and hospitals.
2005.1 A strip of land not less than 10 feet in width shall be
required between the first row of parking and any adjoining
right-of-way.
2006. Parking Spaces Assigned to One Use. Required parking
spaces for any number of separate buildings or uses may be
combined in one lot, but the required spaces assigned to
one use may not be assigned to another use at the same
time. The required parking spaces for places of assembly
may be assigned to parking spaces that are otherwise
•
•
•
48 6/15/90

assigned to other uses if the parking spaces are normally
used at different times and a written agreement between
both parties regarding the requirements of Section 2006 is
submitted to the Planning Department.
2007. Parking Spaces shall not be Reduced in Number. Off-street
parking spaces shall not be reduced below the minimum
required for the use or facility to which they are
assigned. Off-street parking spaces for buildings or uses
which existed at the time of the adoption of this ordinance
and which were inadequate to meet the minimum parking
spaces required by this ordinance must not be reduced as
long as those buildings and uses continue to be in
existence.
2008. Additions to Buildings Deficient in Parking Spaces The
provision of extra parking spaces is not required for
additions to existing buildings and uses that do not meet
the minimum requirements for off-street parking spaces if
any such additions do not represent an additional parking
requirement of more than three off-street parking spaces.
If more than three parking spaces would be required, the
addition must comply with all applicable parking standards.
2009. Parking Plans Required. Plans for off-street parking lots,
whether public or private, must be submitted to the Zoning
Enforcement Officer for review for compliance with the
provisions of this ordinance and with other pertinent
ordinances. Each plan must indicate the number of spaces
and arrangement of parking aisles, location of driveway
entrances, provisions for vehicular and pedestrian
circulation, locations of sidewalks and curbs on or
adjacent to the property, and any other such information as
deemed necessary by the Zoning Enforcement Officer to
fulfill other ordinance requirements. Detached
single-family, two-family and three family residences are
exempted from this requirement.
2010. Barriers Required. Curbs, walls, fences, ditches or
similar devices must be located along the perimeter of
parking lots, garages and storage areas, except at
entrances and exits indicated on approved parking plans.
These barriers must be designed and located to prevent
parked vehicles from extending beyond property lines of
parking lots and garages and to protect public
rights -of --way and adjoining properties from damaging
effects from surface drainage from parking lots.
2011. Parking and Storage Areas.
0011. 1 Parking lots, garages and storage areas must be designed
and constructed so that all maneuvering to park cars can
49 6/15/90

take lace entirely within the property lines of the lot. 0
P Y p 1�'tY
2011.2 All parking areas shall be designed so that there will be
no need to use streets, sidewalks, alleys or other public
rights -of -way for parking or maneuvering to and from
off-street parking spaces, except where such maneuvering is
necessary in the use of driveways for access to and from
single-family, two-family and three-family dwellings.
2011.3 Access to parking areas will be limited to driveway
entrances and exits specified in the approved parking area
plans.
2012. Parking Spaces and Lots to be Improved. All parking lots
and spaces, excluding those provided for detached
single-family dwellings shall be improved with gravel or
marl, turfstone, crpacted stone, asphalt or concrete, or
any other innovative means of paving. Each parking space,
except those provided for detached single-family dwellings,
shall be delineated by curbs, railroad ties, paint or other
similar material.
2013. Handicapped Parking. One handicapped parking space shall
be required per 50 parking spaces. Each handicapped space
must meet the terms of the NC Building Code and be
delineated as required in Section 2012.
2014.1 Spaces Appropriate to Function. Off-street loading spaces
must be provided as appropriate to the function and scope
of operation of individual or groups of buildings and uses.
2014.2 Design of Loading Spaces. Off-street loading spaces must
be designed and constructed so that all maneuvering to park
and unpack vehicles for loading and unloading can take
place entirely within the property lines of the premises.
Loading spaces must be designed so as not to interfere with
the normal movement of vehicles and pedestrians on public
rights -of --way.
•
50 6/15/90

2100. DESIGN STANDARDS AND REGULATIONS OF SIGNS. The purpose of
this Section is to regulate the type, placement and physical
dimensions of signs in the interest of public health, safety
and welfare, while recognizing the need for signs in the
business community.
2101. Definitions.
.1 Advertising Display Area: The advertising display
surface area encompassed within any polygon which would
enclose all parts of the sign. The structural supports for
a sign, whether they be columns, pylons, or a building, or a
part thereof, shall not be included in the advertising area.
Also ]mown as sign area.
.2 Buildings and Structures: Any walled and roofed
building that is principally above ground, a manufactured
home, a gas or liquid storage tank or,other manmade
facilities or infrastructures.
.3 Controlled Access Highway: A state or city highway, or
section thereof, especially designed for through traffic and
over, from, or to which highway owners or occupants of
abutting property, or others, shall have only controlled
right of easement of access.
.4 Copy: The wording on a sign surface in either
permanent or removable letter form.
.5 County: The word county shall mean the County of
Carteret.
.6 Enforcement Officer: For the purposes of this Section,
the word Enforcement Officer shall mean the Zoning
Enforcement Officer and, when applicable, the Building
Inspector.
.7 Erect: To build, construct, attach, hang, place,
suspend, or affix a sign.
.8 Face of Sign: The area of a sign on which the copy is
placed.
.9 Flashing: A light which intermittently flashes on and
off.
.10 Height of Sign: The vertical distance measured from
the highest point of the sign to the surface grade beneath
the sign.
.11 Indirect Illumination: A sign which is lighted by a
light source not seen directly.
.12 Internal Illumination: A sign whose light source is
concealed or contained within the sign itself, and which
becomes visible in darkness by shining through a translucent
51 6/15/90

•
surface.
.13 Lot: A portion of a subdivision, or any other parcel
of land intended as a unit for transfer of ownership or for
development, or both. In determining the area and
dimensions of a lot, no part of the right-of-way of a road
may be included.
.14 Lot Line: A line dividing one lot from another or from
a street or water body.
.15 Maintenance: The cleaning, painting, repair or
replacement of defective parts of a sign in a manner that
does not alter the basic copy, design or structure of the
sign.
.16 Owner: A person recorded as such on official records.
For the purposes of this Section, the owner of property on
which a sign is located is presumed to be the owner of the
sign unless facts to the contrary are officially recorded or
otherwise brought to the attention of the Enforcement
Officer (e.g., a sign leased from a sign company).
.17 Parcel: A parcel shall be defined as one or more lots
which may be used singularly or as a unit such as an office
complex or business complex. 0
.18 Premises: A parcel of land with its appurtenances and
buildings which, because of its unity of use, may be
regarded as a unit of real estate.
.19 Principal Use: The use which constitutes the primary
activity, function or purpose to which a parcel of land or
building is put.
.20 Public Body: Any government or governmental agency of
the County of Carteret, the State of North Carolina or the
United States of America.
.21 Semi -Public Body: Any organization operating as a
non-profit activity and serving a public purpose or service.
Shall include such organizations as non-commercial clubs,
lodges, theater groups, recreational and neighborhood
associations, cultural activities and schools.
.22 Sign Area: That area enclosed by one continuous line,
connecting the extreme points or edges of a sign. The area
shall be determined using the largest sign area or
silhouette visible at any time from any one point. This
area does not include the main supporting sign structure,
but all other ornamental attachments, inner connecting
links, etc., which are not a part of the main supports of
52 6/15/90

•
the sign, are to be included in determining sign area. In
no case shall decorative features or landscaping at the base
of the sign obstruct the view of motorists.
.23 Special Events Display: A banner sign may be erected on
the premises of an establishment having a grand opening or
special event, provided that such signs shall be displayed
for a period not to exceed thirty (30) calendar days within
any twelve (12) month period.
.24 SIGNS: Any letter, figure, character, mark, plane,
point, marquee sign, design, poster, pictorial, picture,
stroke, stripe, line, trademark, reading matter or
illuminated surface which shall be so constructed, placed,
attached, painted, erected, fastened or manufactured in any
manner, whatsoever, so that the same shall be used for the
attraction of the public to any place, subject, person,
firm, corporation, public performance, article, machine or
merchandise, whatsoever, which are displayed in any manner
whatsoever, including out-of-doors. Types of Signs:
a) Abandoned Sign: A sign for which no legal owner can
be found.
• b) Animated Sign: Any sign which uses movement or
change of lighting to depict action or to create a special
effect or scene.
c) Banner Sign: A sign intended to be hung either with
or without frames, possessing characters, letters,
illustrations, or ornamentations applied to paper, plastic,
or fabric of any kind. National flags, flags of political
subdivisions, and symbolic flags of any institution or
business shall not be considered banners for the purposes of
this ordinance. Banner signs shall be considered under the
Special Event Display definition.
d) Construction Sign: A sign which gives the name or
names of principal contractors, architects, and lending
institutions responsible for construction on the site where
the sign is placed, together with other information included
thereon.
e) Changeable Copy Signs: A sign that is designed so
that characters, letters, or illustrations can be changed or
rearranged without altering the face or the surface of the
sign. This shall also include the changing of copies on
billboards. Changeable copy signs, for the purposes of this
ordinance, shall mean signs on which the copy is changed
manually.
53 6/15/90

f) Directional/Informational Sign: An on -premise sign
giving directions, instructions or facility information and
which may contain the name or logo of an establishment but
no advertising copy (e.g., parking or exit and entrance
signs).
g) Directory Sign: A sign on which the names and
locations of occupants or the use of a building is given.
This shall include office buildings and church directories.
h) Double -Faced Sign: A sign with two faces.
i) Flashing Sign: A sign which contains an
intermittent or sequential flashing light source used
primarily to attract attention.
j) Freestanding Sign: Any mobile sign structure,
including portable signs, not securely attached to the
ground or to any other structure. This definition shall not
include trailer signs.
k) Government Sign: Any sign erected and maintained
by the City, County, State or Federal government for traffic
direction or for designation of or direction to any school,
hospital, historical site or public service, property or 0
facility.
1) Ground or Pole Sign: A sign which is supported by
structures or supports in the ground and independent of
support from any building.
m) Identification Sign: A sign whose copy is limited
to the name and address of a building, institution, or
person.
n) Illegal Sign: A sign which does not meet the
requirements of this ordinance and which has not received
legal non -conforming status and which does not have permit
authorization, if required, under the terms of the old
ordinance.
o) Illuminated Sign: A sign illuminated in any manner
by an artificial light source.
p) Nonconforming Sign: A sign which was erected
legally but which does not comply with subsequently enacted
sign restrictions and regulations or a sign which does not
conform to the sign code requirements but has received
approval from the Zoning Board of Adjustment.
q) Off -Premise, Commercial Sign: A sign structure
advertising an establishment, merchandise, service or
54 6/15/90

•
2102.
entertainment which is not sold, produced, manufactured, or
furnished at the property on which said sign is located
(e.g., "billboards").
r) On -Premise, Commercial Sign: A sign which pertains
to the use of the premises on which it is located. This
definition shall include ground or pole signs.
s) Political Sign: For the purposes of this
ordinance, a sign used in connection with a local, state or
national election or referendum.
t) Portable Sign: A sign which is mobile and which
may or may not have wheels.
u) Prohibited Sign: A sign which is not permitted in
the jurisdiction of this ordinance.
v) Real Estate Sign: A sign which is used to offer
for sale, lease or rent the property upon which the sign is
placed.
w) Roof Sign: A sign which extends above the ridge of
the roof.
x) Snipe Sign: A sign of any material whatsoever that
is attached in any way to a utility pole, tree or any object
other than a building, roof or sign post, located or
situated on public or private property.
y) Subdivision Signs: A sign(s) which identifies a
subdivision name and logo.
z) Three -Dimensional Sign: A sign which has heighth,
depth and bredth which incorporates an object into an
advertising sign (e.g., a three dimensional hamburger or
life-sized pig advertising a food place).
aa) Trailer Sign: A sign mounted on a vehicle normally
licensed by the state of North Carolina as a trailer and
used principally for advertising or promotional purposes.
bb) Wall Sign: A sign painted or mounted on the wall
of a building or structure.
GENERAL REQUIREMENTS. No sign of any type nor any part
thereof shall be erected, painted, posted, reposted, placed,
replaced or hung in any zoning district except in compliance
with these regulations.
LkMlication Materials. Each application for a Zoning Permit
for a sign shall be made in writing and shall contain or
55 6/15/90

•
have attached the following information:
a) A drawing approximately to scale showing the design
of the sign, including dimensions, method of
attachment or support, source of illumination and
showing the relationship to any building or
structure to which it is or is proposed to be
installed;
b) A plot plan approximately to scale indicating the
location of the sign relative to property lines,
easements, buildings, streets and other on -premise
signs;
c) Two sets of plans to be submitted to the Building
Inspector, when required;
d) No zoning permit for a sign is required for a
construction sign, real estate sign or financial
institution sign related to the financing of the
project under construction, so long as it is not
over 15 square feet and there is not more than 4
feet from the bottom of the sign to the ground
thereunder.
Sign plans shall be submitted to the Zoning Enforcement
Officer for approval prior to the Building Inspector issuing
a Building Permit. A record of such applications and
actions taken shall be kept in the Planning Department.
2102.2 Signs Prohibited In All Districts. The following signs are
prohibited in all zoning districts:
a) Advertising signs resembling traffic signals,
traffic signs, emergency vehicles' flashing lights
and which are likely to be misconstrued by the
traveling public as being official governmental
signs or emergency warnings or which by their
distracting nature create a hazard to motorists;
b) Signs, except for off -premises signs allowed under
this Section, advertising an activity, business,
product or service no longer conducted on the
premises upon which the sign is located. Such
signage shall be removed within 90 days from the
date of termination of such activity. Upon failure
of the owner to remove such signs within the
prescribed time, the Zoning Enforcement Officer
shall take appropriate legal action to have such
sign removed;
56 6/15/90

•
c) Flashing, blinking, pulsating and portable signs or
signs with moving parts;
d) Signs, other than traffic, governmental or street
name signs or official signs, shall not be
permitted within any street right-of-way;
e) Roof signs;
f) Zhree-dimensional signs;
g) Beacon lights, animated signs, trailer signs and
snipe signs;
h) Portable signs.
2102.3 Illuminated Signs. No illuminated sign shall be so designed
or placed that direct or reflected light or glare
constitutes a hazard or annoyance to motorists or occupants
of adjoining properties.
2102.4 Determination of Sian Area. For the purposes of this
ordinance, the square footage area of any sign shall be
measured by the smallest area enclosed by one continuous
is line connecting the extreme points or edges of the sign.
This includes lattice work, frame, border molding, lettering
and display area incidental to the sign's decoration.
2102.5 Maintenance. All signs, together with braces, guys and
supports shall at all times be kept in good repair. If at
any time a sign should become abandoned, unsafe, or poorly
maintained, the Zoning Officer shall notify the owner of the
sign of such condition, and upon failure of the owner to
correct such condition, the Zoning Officer shall take
appropriate legal action to have such sign repaired or
removed.
2103. ON -PREMISE, COMMERCIAL SIGNS. These signs shall comply with
all state and county building codes and the National
Electric Code. Clearance of signs is required from high
voltage power lines and signs shall be located in such a way
that they will maintain horizontal and vertical clearance of
all overhead electrical conductors in accordance with the
National Electric Code specifications, provided that no sign
shall be installed closer than ten (10) feet horizontally or
vertically from any conductor or public utility guy wire.
2103.1 On -premise signs shall be permitted in all zones provided
that the sign advertises the principal use of the lot and
meets the requirements of Section 2100.
57 6/15/90

2103.2 No on -premise sign shall be located closer than ten (10)
feet from the right -of --way or five (5) feet from the side
property lines.
2103.3 One ground or pole on -premise sign shall be permitted per
parcel, unless the use is located within a complex, such as
a business complex or office complex and shall not exceed
3/4 square foot to each linear foot of road frontage (e.g.,
100 feet of road frontage would allow a 75 square foot sign)
or the maximwn sign area permitted in a district, whichever
is less. On -premise wall signs are permitted in any
district, but cannot exceed more than 50 percent of the
total wall area.
2103.4 The height of a ground or pole on -premise sign shall not
exceed twenty (20) feet in height from the grade of the
right-of-way or surface grade beneath the sign, whichever is
less. The clearance of a ground or pole on -premise sign
shall not be less than eight (8) feet from the grade of the
right-of-way or finished grade beneath the sign, whichever
is less. Signs may be located closer to surface grade if
the setback is increased by one (1) foot for every one (1)
foot closer to the ground the sign is located. Setback
examples are shown below:
Setback Clearance of Sign.
10 feet 8 feet
11 feet 7 feet
12 feet 6 feet
13 feet 5 feet
14 feet 4 feet
15 feet 3 feet
16 feet 2 feet
17 feet 1 foot
18 feet ground level
5�qn
•--� 6o FioM
or
1 Oif,U
' 1 I
M�n�rnuM
/71-il
&.5tancmaof bottoof
L.
the s-to 9r,6IgO
is* Off' 14' 15' IV 1.I' 12'
setback
0,5tanCC from right'of-W0.y)
58 6/15/90

•
2103.5 Signs which are placed parallel to the right -of --way shall be
permitted to be located at ground level ten (10) feet from
the right-of-way, as shown below:
- -- Sons poml le-1 to
nAht-of-wry may be
located at grourid level
1
2103.6 No sign shall be erected at the intersections of streets,
driveways, or alleys in such a manner as to obstruct clear
vision.
�2103.7 On -premise signs may be illuminated by indirect or internal
illumination.
2103.8 No sign shall copy or simulate official govermental signs or
signals.
2103.9 Sign copy shall be submitted for all proposed signs to the
Planning Department. No sign shall have lewd or lascivious
letters, words, or characters designating the same.
2103.10 Special events displays are permitted provided that they are
in accordance with all Sections of this ordinance.
2103.11 In the event a business is located on a corner lot, two (2)
on -premise ground or pole signs shall be permitted per
parcel, provided that it is the intersection of two
thoroughfares (i.e., Highways 70, 24, 58, 101 and 12).
2103.12 No sign shall be placed within 50 feet of a lot zoned for
residential purposes unless the sign is permitted in
residential districts.
2104. OFF -PREMISE, COMMERCIAL SIGNS. These signs shall comply
with all state and county building codes and the National
Electric Code. Clearance of signs is required from high
voltage power lines and signs shall be located in such a way
that they will maintain horizontal and vertical clearance of
all overhead electrical conductors in accordance with the
National Electric Code specifications, provided that no sign
59 6/15/90

•
be installed closer than ten (10) feet horizontally or
vertically from any conductor or public utility guy wire.
2104.1 Off -premise signs (billboards) shall be permitted as a
special use in the I W zoning district. See Table of
Permitted and Special Uses.
2104.2 No off -premise sign shall be located closer than ten (10)
feet from the right-of-way or five (5) feet from the side
property lines.
2104.3 The height of an off -premise sign shall not exceed twenty
(20) feet in height from the grade of the right-of-way or
surface grade beneath the sign, whichever is less. The
clearance of an off -premise sign shall not be less than
eight (8) feet from the grade of the right-of-way or surface
grade beneath the sign, whichever is less.
2104.4 In no case shall an off -premise sign be located closer than
300 feet to an existing off -premise sign.
2105. SIGNS PMffTTED IN ALL DISTRICTS. A Zoning Permit shall be
required for all on- and off -premises signs, except those
identified in Section 2106. The following signs are
permitted in all districts, but the standards outlined below
apply:
2105.1 Permanent Subdivision Identification Sims. Permanent
subdivision identification signs shall not exceed
forty-eight (48) square feet in area. Such signs shall be
placed so as not to obstruct the view of traffic and may be
illuminated in such a fashion so as not to affect the view
of motorists.
2105.2 Non -Profit Organizations. Signs erected by non-profit
organizations shall not exceed fifteen (15) square feet.
2105.3 Churches or Public Bulletin Boards. Signs advertising
churches on premises or public bulletin boards shall not
exceed thirty-two (32) square feet in area. Such bulletin
boards may be illuminated.
2105.4 Off -Premise Church Signs. Signs identifying the name or
location of a church remote from the location of the church,
provided that such sign shall not exceed eight (8) square
feet in area. No such sign shall be illuminated or contain
moving Parts.
2105.5 Agricultural Products Produced On -Premises. Signs
advertising agricultural products produced on the premises,
shall not exceed fifteen (15) square feet. These signs
shall be limited to two (2) signs per parcel and shall be
60 6/15/90

•
temporary in nature.
2105.6 Temporary Construction Signs and Financial Institution
Signs. Temporary construction signs and financial
institution signs may be displayed in commercial and
industrial districts, not to exceed two (2) signs per
building site, and shall not exceed thirty-two (32) square
feet per sign. If the building site has more than one
hundred (100) linear feet of road frontage, an additional
one -quarter (1/4) square foot may be added for each one (1)
linear foot of road frontage. Such sign(s) must be removed
within seven (7) days after construction work has been
completed and the building occupancy permit has been issued.
Temporary construction signs and financial institution signs
not exceeding fifteen (15) square feet shall be allowed in
all residential districts.
2105.7 Temporary Real Estate Signs. Temporary real estate signs
may be displayed in commercial and industrial districts, one
(1) sign per building site not to exceed thirty-two (32)
square feet per sign. If the building site has more than
one hundred (100) feet of road frontage, an additional one
quarter (1/4) square foot may be added for each (2) linear
Is feet of road frontage over 100 feet. Such sign must be
removed after property has been transferred. Typical six
(6) square foot standard real estate signs are exempted from
this requirement.
These signs shall be limited to one (1) per street front,
one (1) per waterfront and one (1) per golf course front per
parcel.
Such signs shall not be placed within any public street
right-of-way. In the event that a real estate sign is
located on the waterfront portion of a lot in Carteret
County, a Coastal Area Management Act permit may be
required.
2105.8 Political Campaign Signs. Political signs exceeding
thirty-two (32) square feet may be posted on private
property, but a written consent of the landowner must be
presented upon application for a Zoning Permit. These signs
shall be removed within seven (7) days after the election.
In no case shall political signs be permitted within a
public right-of-way.
2106. ZONING PERMIT NOT REQUIRED. The follawing signs are
permitted in all districts unless indicated otherwise. A
Zoning Permit shall be required for all illuminated signs.
No Zoning Permit shall be required for the following signs:
61 6/15/90

.1 Signs erected by a governmental agency to regulate,
control or direct vehicular or pedestrian traffic;
.2 Legal notices, warnings, regulatory or informational
signs erected by a public agency;
.3 Signs required by law;
.4 "No trespassing" signs not exceeding fifteen (15) square
feet in area;
.5 Temporary real estate signs advertising a specific
property for sale, lease, rent or development, located on
said property, provided that such signs do not exceed
fifteen (15) square feet in area and are not illuminated.
These signs shall be limited to one (1) per street front,
one (1) per waterfront, and one (1) per golf course front
per parcel. Such signs shall not be placed within any
public street right-of-way. In the event the real estate
sign is located on the waterfront portion of a lot in
Carteret County, a Coastal Area Management Act permit may be
required;
.6 Typical six (6) square foot standard real estate signs;
.7 Temporary construction signs and financial institution
signs displayed in residential districts, one (1) sign per
parcel, not exceeding fifteen (15) square feet;
.8 Flags, emblems or insignia of any national, state or
political subdivision;
.9 Property number signs not exceeding one (1) square foot
in area and bearing only address numbers of premises or
other identification of premises not having commercial
connotations;
.10 Holiday decorations in season;
.11 Political signs not exceeding 32 square feet.
2107. SIGN REGULATIONS IN RESIDENTIAL DISTRICT'S. In addition to
the signs listed under Section 2105, the following
regulations shall apply in residential districts. All these
signs shall be required to have a Zoning Permit.
None of these signs shall be illuminated unless
otherwise allowed within this ordinance.
.1 No advertising sign shall be permitted in residential
districts except signs advertising an existing
non -conforming use, provided that such signs shall meet the
•
62 6/15/90

•
requirements for signs in B-1 districts, regardless of the
residential district within which the nonconforming use is
located. Such signs may be illuminated. When the
non -conforming use is discontinued, the sign must be
removed.
.2 All signs in the residential district requiring sign
zoning permit shall be set back a minimum of ten (10) feet
from any property line or street right-of-way.
.3 The maximum area for real estate signs in residential
districts is 15 square feet.
.4 Identification signs shall be permitted. They may be
ground or pole signs. The maximum area of identification
signs in residential districts is 15 square feet unless
otherwise stated.
.5 Churches, clubs, funeral homes, libraries, museums,
galleries, schools, public parks, coumunity recreation
centers, home occupation, daycare centers and public utility
signs in residential districts shall be subject to the
following as to number and size and shall be placed parallel
to the right -of --way for safety:
.01 Churches, clubs, daycare centers, funeral homes,
libraries, museums, galleries, schools, public
parks, and community recreation centers shall be
permitted to have one (1) on -premise sign for each
street front, not exceeding six (6) feet in height
and not exceeding twenty (20) square feet in sign
area.
.02 Home occupations shall be permitted to have one (1)
on -premise sign not exceeding 4 feet in height and
not exceeding six (6) square feet in sign area.
.03 Public utilities shall be permitted one (1)
on -premise sign not exceeding six (6) feet in
height and not exceeding twenty-five (25) square
feet in sign area.
2108. SIGN REGULATIONS IN B-1 DISTRICTS. In addition to the
requirements listed under other Sections of this ordinance,
the following regulations shall apply in B-1 districts:
No billboard or roof sign shall be permitted within B-1
districts.
Maximum square footage area for this district is 200 square
feet.
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Signs permitted on the premises of special uses shall be
subject to all the restrictions listed under the B-1
district.
Signs on the premises of permitted uses in B-1 Districts
shall be subject to the following restrictions as to number
and size:
.1 Ground Signs: Not more than one (1) ground sign is
permitted per parcel unless such parcel is located on a
corner of two thoroughfares (i.e., Highways 101, 70, 24,
58 and 12). In that case, two (2) ground signs shall be
permitted, one (1) for each road front of the lot. In no
case shall the signs be any closer than 50 feet from the
intersection of the two roads.
.2 Special Events Displays: These shall be permitted
provided that they meet all the regulations of the
ordinance. The application for the permit shall have
the following additional information: length of time the
sign will remain. In no case shall this exceed thirty
(30) calendar days within a twelve (12) month period.
.3 Directional Signs: Directional signs not exceeding the
six (6) square feet per face shall be permitted. Not
more than two (2) directional signs shall be permitted
at each entrance.
.4 Menu boards shall be permitted.
.5 Wall signs shall be permitted in accordance with Section
2103.3.
No sign in this district shall be less than ten (10) feet
from the nearest street right-of-way or less than five (5)
feet from the side property line.
Notwithstanding the foregoing, signs which are located
parallel to the right -of --way shall be permitted to be
located at ground level ten (10) feet from the right-of-way.
2109. SIGN REGULATIONS IN B-2 DISTRICTS. In addition to the
requirements listed under other Sections of this ordinance,
the following regulations shall apply in B-2 districts:
No billboard or roof signs shall be permitted in B-2
districts.
•
Maximum square footage area for this district is 200 square
feet. 0
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•
Signs on the premises of special uses shall be subject to
all the restrictions listed.
Signs on the premises of permitted uses in B-2 districts
shall be subject to the following restrictions as to number
and size:
.1 Ground Signs: Not more than one (1) ground sign is
permitted per parcel unless such parcel is located on a
corner of two thoroughfares (i.e., Highways 101, 70, 24,
58 and 12). In that case, two (2) ground signs shall be
permitted, one (1) for each road front of the lot. In no
case shall the signs be any closer than 50 feet from the
intersection of the two roads.
.2 Special Events Displays: These signs shall be permitted
provided that they meet all the regulations of the
ordinance. The application for the permit shall have the
following additional information: length of time the
sign will remain. In no case shall this exceed thirty
(30) calendar days within a twelve (12) month period.
.3 Directional Signs: Directional signs not exceeding six
(6) square feet per face shall be permitted. No more
than two (2) directional signs shall be permitted at
each entrance.
.4 Wall Signs: Wall signs shall be permitted in accordance
with Section 2103.3.
No sign in this district shall be less than ten (10) feet
from the nearest street right-of-way or less than five (5)
feet from the side property line.
Notwithstanding the foregoing, signs which are located
parallel to the right-of-way shall be permitted to be
located at ground level ten (10) feet from the right-of-way.
2110. SIGN RBGUTATIONS IN B-3 AND OP DISTRICT'S. In addition to
the requirements listed under other Sections of this
ordinance, the following regulations shall apply in B-3 and
OP districts.
No billboard, special events displays or roof signs shall be
permitted in the B-3 and OP districts.
Maximum square footage area for these districts is 200
square feet.
Signs on the premises of special uses shall be subject to
all the restrictions listed under the B-3 and OP districts.
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1]
Signs on the premises of permitted uses in the B-3 and OP
zoning districts shall be subject to the following
restrictions as to number and size:
.1 Ground Signs: Not more than one (1) ground sign is
permitted per parcel unless such parcel is located on a
corner of two thoroughfares (i.e., Highways 101, 70, 24,
58 and 12). In that case, two (2) ground signs shall be
permitted, one (1) for each road front of the lot. In no
case shall the signs be any closer than 50 feet from the
intersection of the two roads.
.2 Directory Signs: Directory signs shall be permitted
provided they are not visible from the highway
right-of-way. Maximum sign area shall be twelve (12) square
feet. The height of the sign shall not exceed eight (8) feet
and the bottom of the sign shall be not more than three (3)
feet from the ground thereunder.
.3 Wall Signs: Wall signs shall be permitted in accordance
with Section 2103.3.
No sign in these districts shall be less than ten (10) feet
from the nearest street right-of-way or less than five (5) •
feet from the side property line.
Notwithstanding the foregoing, signs which are located
parallel to the right-of-way shall be permitted to be
located at ground level ten (10) feet from the right-of-way.
2111. SIGNS PERM=D IN MC. LIW and P-I DISTRICTS. In addition
to the requirements listed under other Sections of this
ordinance, the following regulations shall apply in MC, LIW
and P-I districts:
No billboard or roof signs shall be permitted in MC, LIW and
P-I districts.
Maximum square footage area for these districts is 200
square feet.
Signs on the premises of special uses shall be subject to
all the restrictions listed under the MC, LIW and P-I
districts.
Signs on the premises of permitted uses in the MC, LIW and
P-I districts shall be subject to the following restrictions
as to number and size:
.1 Ground Signs: Not more than one (1) ground sign is
permitted per parcel unless such parcel is located on a
corner of two thoroughfares (i.e., Highways 101, 70, 24,
•
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•
58 and 12). In that case, two.(2) ground signs shall be
permitted, one (1) for each road front of the lot. In no
case shall the signs be any closer than 50 feet from the
intersection of the two roads.
.2 Directional Signs: Directional Signs not exceeding six
(6) square feet per sign face shall be permitted. No
more than two (2) directional signs shall be permitted
at each entrance.
.3 Wall Signs: Wall signs shall be permitted in accordance
with Section 2103.3.
No sign in these districts shall be less than ten (10) feet
from the nearest street right-of-way or less than five (5)
feet from the side property line.
Notwithstanding the foregoing, signs which are located
parallel to the right-of-way shall be permitted to be
located at ground level ten (10) feet from the right-of-way.
2112. SIGNS PETTED IN I-W DISTRICTS. In addition to the
requirements listed under other Sections of this ordinance,
the following regulations shall apply in I-W districts:
Off -premise, commercial signs shall be permitted in I-W
districts as a special use. See Section 2104.
Maximum square footage area for on- or off -premises signs in
these districts is 200 square feet.
No roof signs or special events displays shall be permitted
in I-W districts.
Signs on the premises of special uses shall be subject to
all the restrictions listed.
Signs on the premises of permitted uses in I-W districts
shall be subject to the following restrictions as to number
and size:
.1 Ground Signs: Not more than one (1) ground sign is
permitted per parcel unless such parcel is located on a
corner of two thoroughfares (i.e., Highways 101, 70, 24,
58 and 12). In that case, two (2) ground signs shall be
permitted, one (1) for each road front of the lot. In no
case shall the signs be any closer than 50 feet from the
intersection of the two roads.
No sign in this district shall be less than ten (10) feet
from the nearest street right-of-way or less than five (5)
feet from the side property line.
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Notwithstanding the foregoing, signs which are located
parallel to the right-of-way shall be permitted to be
located at ground level ten (10) feet from the right-of-way.
2113. NONCONFORMING SIGNS.
All signs existing on the effective date of this ordinance
may remain in place, and be maintained for four (4) years
after the effective date of this ordinance, subject to the
following requirements:
.1 No nonconforming sign shall be structurally altered so
as to change the shape, size, type or design of the
sign, nor shall any nonconforming sign be relocated.
.2 No nonconforming sign shall be allowed to remain after
the activity, business or use to which it relates has
been discontinued for a period of 90 days.
.3 If a nonconforming sign is damaged in such a manner
that the estimated expense of repairs exceeds fifty
percent (500) of its replacement value, the sign shall
not be allowed to remain or be repaired and must be
removed.
Within four (4) years after the effective date of this
ordinance, all nonconforming signs shall be removed or
brought into compliance, unless such time is extended
pursuant to the following requirements:
.1 The owner of any nonconforming sign shall have the
right, within four (4) years from and after the
effective date of this ordinance to make application to
the Zoning Board of Adjustment for an extension of the
time within which such sign may be permitted to remain.
.1a If such sign is nonconforming only as to its specific
location on the premises, and can be removed or
relocated so as to conform with the requirements of the
section, then the time shall not be extended.
.lb If the sign is nonconforming as to its size, then the
time may be extended by the Zoning Board of Adjustment
one (1) calendar month for each one hundred dollars
($100.00) of the owner's unused investment in the sign.
The term "unused investment" shall mean the original
actual dollar cost less one hundred dollars ($100.00)
per month of age of the sign. This shall be effective
only upon presentation of reasonable evidence of
original cost of the sign.
n
•
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.2 Any nonconforming sign created as a result of an
amendment to this ordinance shall have four (4) years
fram the date of such amendment to conform to the
requirements of this Section.
2114. PENALTIES. Upon failure to comply with any of the above
requirements, the Zoning Enforcement Officer shall cause the
removal of any nonconforming sign as hereinafter provided:
is
•
.1 The Zoning Enforcement Officer or his designated agent
shall give the owner of the sign notice of the violation
by registered or certified mail. The notices shall
contain a brief statement of the particulars in which
this Section is violated and the manner in which such
violation is to be remedied.
.2 Failure to correct such violation within thirty (30)
days shall constitute a misdemeanor punishable by a fine
of not more than fifty dollars ($50.00), or by
imprisonment for not more than thirty (30) days. Each
day's continuing violation shall be a separate and
distinct offense.
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3000. SPECIFIC USE RDGULATIONS.
3001. Reserved.
3002. RA Rural Agricultural District.
•
This district encompasses those lands which are primarily
suited for agriculture, agriculturally related uses, low
density residential or woodlands.
Within the RA district, no lot, building or structure shall
be erected which is intended or designed for any other use
than. the uses specified on the Table of Permitted and Special
Uses in Section 3400. A list of permitted and special uses
in the district follows:
Permitted Uses
Accessory Use or Buildings
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Bed and Breakfast
Boarding House
Boat Launching Ramp
Camp, Seasonal
Cemetery
Church
Club or Lodge
Country Club and Related Uses
Dock or Pier (Private)
Duplexes and Triplexes
Dwelling, Single Family
Efficiency Unit
Family Care Home
Fruit or Vegetable Stand on Same Parcel as Produced
Golf Course
Government Offices
Hoene Occupation
Manufactured Home
Non -Profit Recreational Facility
Public or Private School
Public Utility Substation
Stables (Private)
Swimming Pool (Private)
Tennis Court (Private)
Special Uses
Chicken Hatchery
Day Care Center
Family Day Care Center
Floating Structures
Funeral Home, Mortuary, Crematorium
Group Care Facility
Group Home
Kennel
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•
Library, Museum, Art Gallery
Mausoleum
Model Unit Marketing Center
Swine Production
Stables (Public)
Swimming Pool (Public, Commercial)
Temporary Residential Mobile Home
Tennis Courts (Public, Commercial)
Residential Marina
3002.1 Dimensional Requirements.
Min.
Lot Area. . . . . . . . . . . . 50,000
sq. ft.
Min.
Lot Width . . . . . . . . . . . .
150
feet
Min.
Front Setback . . . . . . . . . .
. 50
feet
Min.
Side Yard . . . . . . . . . . . .
. 10
feet
Min.
Rear Yard . . . . . . . . . . . .
. 30
feet
Max.
Height. . . . . *a
. 35
feet
Min.
Side Yard on Street Rightrof--Way.
20
feet
3002.2 Signs. Signs are permitted in the RA district in accordance
with the provisions of Section 2100.
4 02.3 Off -Street Parking. Development of any use in the RA
district must conform to the parking and loading standards in
Section 2000.
3002.4 Institutional Uses. Development of any institutional use in
the RA district must conform to the requirements set forth in
Section 1624.
3003. R-35 Single -Family Residential District.
This district is suited for low density single-family
residential dwellings in environmentally sensitive areas.
The minimum lot size is 35,000 square feet.
Within the R-35 district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
in this district follows:
Permitted Uses
Accessory Use and Buildings
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Bed and Breakfast
Boarding House
Boat Launching Ramp
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Camp, Seasonal
Cemetery
Club or Lodge
Country Club and Related Uses
Dock or Pier (Private)
Duplexes and Triplexes
Dwelling, Single -Family
Efficiency Unit
Family Care Home
Fruit or Vegetable Stand on Same Parcel as Produced
Golf Course
Government Offices
Home Occupation
Non -Profit Recreational Facility
Public or Private School
Public Utility Substation
Residential Marina
Swimming Pool (Private)
Tennis Courts (Private)
Special Uses
Church
Day Care Center
Family Day Care Center
Floating Structures
Funeral Home, Mortuary, Crematorium
Group Care Facility
Group Home
Kennel
Library, Museum, Art Gallery
Mausoleum
Model Unit Marketing Center
Stables (Private)
Stables (Public)
Swimming Pool (Public, Commercial)
Tennis Courts (Public, Commercial)
3003.1 Dimensional Requirements.
Min.
Lot Area. . . . . . . . . . 35,000
sq. ft.
Min.
Lot Width . . . . . . . . . .
120
feet
Min.
Front Setback . . . . . . . . . .
. 40
feet
Min.
Side Yard . . . . . . . . . . . .
. 10
feet
Min.
Rear Yard . . . . . . . . . . . .
. 30
feet
Max.
Height. . •
35
feet
Min.
Side Yard on Street Rightrof--Way.
20
feet
3003.2 Signs. Signs are permitted in the R-35 district in
accordance with the provisions of Section 2100.
3003.3 Off -Street Parking. Development of any use in the R-35
district must conform to the parking and loading standards in
•
•
72 6/15/90

0
Section 2000.
3003.4 Institutional Uses. Development of any institutional use in
the R-35 district must conform to the requirements set forth
in Section 1624.
3004. R-20 Single -Family Residential District.
A single-family residential district established to maintain
a density of approximately two units per acre with a 20,000
square foot minimum lot size.
Within the R-20 district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
in this district follows:
Permitted Uses
Accessory Use and Buildings
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Bed and Breakfast
Boat Launching Ramp
Cemetery
Dock or Pier (Private)
Duplexes and Triplexes
Dwelling, Single -Family
Efficiency Unit
Family Care Home
Golf Course
Goverrznent Offices
Non -Profit Recreational Facility
Public or Private School
Public Utility Substation
Residential Marina
Swimming Pool (Private)
Tennis Courts (Private)
Special Uses
Boarding House
Camp, Seasonal
Church
Club or Lodge
Country Club and Related Uses
Day Care Center
Family Day Care Center
Floating Structure
Fruit or Vegetable Stand on Same Parcel as Produced
73 6/15/90

Funeral Home, Mortuary, Crematorium
Group Care Facility
Group Hame
Home Occupation
Kennel
Library, Museum, Art Gallery
Mausoleum
Model Unit Marketing Center
Stables (Private)
Swinmiing Fool (Public, Ca miercial)
Tennis Courts (Public, Com)=ial)
3004.1 Dimensional Requirements.
Min.
Lot Area. . . . . . . . . . . . 20,000
sq. ft.
Min.
Lot Width . . . . . . . . . . . .
100
feet
Min.
Front Setback . . . . . . . . . .
. 30
feet
Min.
Side Yard . . . . . . . . . . . .
. 10
feet
Min.
Rear Yard . . . . . . . . . . . .
. 30
feet
Max.
Height. . . . . .
. 35
feet
Min.
Side Yard on Street Right -of --Way.
. 20
feet
3004.2 Signs. Signs are permitted in the R-20 district in
accordance with the provisions of Section 2100.
3004.3 Off -Street Parkinu. Development of any use in the R-20
district must conform to the parking and loading standards in
Section 2000.
3004.4 Institutional Uses. Development of any institutional use in
the R-20 district must conform to the requirements set forth
in Section 1624.
3005. R-15 SiMle-Family Residential District.
A single-family residential district requiring a minimum of
15,000 square feet per lot if public water or sewer is
available.
Within the R-15 district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
in this district follows:
Permitted Uses
Accessory Use and Buildings
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Bed and Breakfast
Boat launching Ramp
74 6/15/90

Is
Cemetery
Dock or Pier (Private)
Duplexes and Triplexes
Dwelling, Single -Family
Efficiency Unit
Family Care Home
Golf Course
Government Offices
Non -Profit Recreational Facility
Public or Private School
Public Utility Substation
Residential Marina
Swimming Pool (Private)
Tennis Courts (Private)
Special Uses
Boarding House
Canp, Seasonal
Church
Club or Lodge
Country Club and Related Uses
Day Care Center
Family Day Care Center
Floating Structure
Fruit or Vegetable Stand on Same Parcel as Produced
Funeral Home, Mortuary, Crematorium
Group Care Facility
Group Home
Home Occupation
Kennel
Library, Museum, Art Gallery
Mausoleum
Model Unit Marketing Center
Stables (Private)
Swimming Pool (Public, Commercial)
Tennis Courts (Public, Conm ercial)
3005.1 Dimensional Requirements:
Min. Lot Area (no public water or sewer) . 20,000 square feet
Min. Lot Area (public water or sewer). . . 15,000 square feet
Min.
Lot Width . . . . . . . . . . . . . .
. . 80
feet
Min.
Front Setback . . . . . . . . . . . .
. . 20
feet
Min.
Side Yard . . . . . . . . . . . . . .
. . 10
feet
Min.
Rear Yard . . . . . . . . . . . . . .
. . 25
feet
Max.
Height. . .
35
feet
Min.
Side Yard on Street Right -of --Way.
20
feet
05.2 Sims. Signs are permitted in the R-15 district in
accordance with the provisions of Section 2100.
75 6/15/90

•
3005.3 Off -Street Parking. Development of any use in the R-15
district must conform to the parking and loading standards in
Section 2000.
3005.4 Institutional Uses. Development of any institutional use in
the R-15 district must conform to the requirements set forth
in Section 1624.
3006. R-15M Single -Family Residential District
A residential district requiring a minimum of 15,000 square
feet per lot if public water or sewer is available. This
district allows manufactured homes or residential structures
built as per Volume 1B of the North Carolina Building Code.
Within the R-15M district, no lot, building or structure
shall be erected which is intended or designed for any other
use than the uses specified on the Table of Permitted and
Special Uses in Section 3400. A list of permitted and
special uses in this district follows:
Permitted Uses
Accessory Use and Buildings
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Bed and Breakfast
Boat launching Ramp
Cemetery
Dock or Pier, Private
Duplexes and Triplexes
Dwelling, Single -Family
Family Care Home
Golf Course
Government Offices
Manufactured Home
Non -Profit Recreational Facility
Public or Private School
Public Utility Substation
Residential Marina
Swimming Pool (Private)
Tennis Courts (Private)
Special Uses
Boarding House
Camp, Seasonal
Church i Club or Lodge
Country Club and Related Uses
Day Care Center
76 6/15/90

Efficiency Unit
Family Day Care Center
Floating Structures
Fruit or Vegetable Stand on Same Parcel as Produced
Funeral Home, Mortuary, Crematorium
Group Care Facility
Group Home
Home Occupation
Kennels
Libraries, Museums, Art Galleries
Mausoleum
Model Unit Marketing Center
Stables (Private)
Swimming Pool (Public, Commercial)
Temporary Residential Mobile Home
Tennis Courts (Public, Commercial)
3006.1 Dimensional Requirements:
Min. lot Area (no public water or sewer) . 20,000 square feet
Min. Lot Area (public water or sewer). . . 15,000 square feet
Min.
lot Width . . . . . . . . . . . . . .
. . 80
feet
Min.
Front Setback . . . . . . . . . . . .
. . 20
feet
Min.
Side Yard . . . . . . . . . . . . . .
. . 10
feet
Min.
Max.
Rear Yard . . . . . . . . . . . . . .
Height . . . . . . . . . . . . . . . .
. . 25
. . 35
feet
feet
Min.
Side Yard on Street Right -of -Way.
20
feet
3006.2 Signs. Signs are permitted in the R-15M district in
accordance with the provisions of Section 2100.
3006.3 Off -Street Parking. Development of any use in the R-15M
district must conform to the parking and loading standards in
Section 2000.
3006.4 Institutional Uses. Development of any institutional use in
the R-15M district must conform to the requirements set forth
in Section 1624.
3007. R-10 Residential District.
A residential district allowing a minimum of 10,000 square
feet if public water and sewer facilities are available or
15,000 square feet if public water or sewer facilities are
available and 20,000 square feet if neither service is
available.
Within the R-10 district, no lot, building or structure shall
• be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. A list of permitted and special uses
77 6/15/90

for this district follows:
Permitted Uses
Accessory Use and Building
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Apartment
Boat Launching Ramp
Cemetery
Dock or Pier (Private)
Duplexes and Triplexes
Dwelling, Single -Family
Family Care Home
Golf Course
Government Offices
Group Housing, Multi -Family
Non -Profit Recreational Facility
Public or Private School
Public Utility Substation
Residential Marina
Swimming Pool (Private)
Tennis Courts (Private)
Townhouse
Special Uses
Bed and Breakfast
Boarding House
Camp, Seasonal
Church
Club or Lodge
Country Club and Related Uses
Day Care Center
Efficiency Unit
Family Day Care Center
Floating Structure
Funeral Home, Mortuary, Crematorium
Group Care Facility
Group Home
Home Occupation
Libraries, Museums, Art Galleries
Mausoleum
Model Unit Marketing Center
Swimming Pool (Public, Commercial)
Tennis Courts (Public, Comm�ercial)
3007.1 Dimensional Requirements.
Min.
Lot Area (no public water or sewer)
. 20,000
sq. ft.
Min.
Lot Area (public water or sewer)..
. 15,000
sq. ft.
Min.
Lot Area (public water and sewer) .
. 10,000
sq. ft.
Min.
Lot Width (public water or sewer) .
. . . 80
feet
•
•
78 6/15/90

Min.
Lot Width (public water and sewer). .
. . 60
feet
Min.
Front Setback . . . . . . . . . . .
. . 20
feet
Min.
Side Yard . . . . . . . . . . .
. . 10
feet
Min.
Rear Yard . . . . . . . . . . . . .
. . 25
feet
Max.
Height. . . .
35
feet
Min.
Side Yard on Street Right -of -Way. . .
. . 20
feet
3007.2 Signs. Signs are permitted in the R-10 district in
accordance with the provisions of Section 2100.
3007.3 Off -Street Parking. Development of any use in the R-10
district must conform to the parking and loading standards in
Section 2000.
3007.4 Institutional Uses. Development of any institutional use in
the R-10 district must conform to the requirements set forth
in Section 1624.
3007.5 Group Development Projects. Group development projects are
permitted in the R-10 district in accordance with the
provisions of Section 3400.
*08.
C-C Church Campus District.
A religious education and recreation use district intended to
facilitate the orderly growth of church -related uses.
Within the C-C district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
for this district follows:
Permitted Uses
Accessory Use or Building
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Automobile Parking Deck
Camp, Seasonal
Cemetery
Church
Dock or Pier (Private)
Government Offices
Libraries, Museums, Art Galleries
Mausoleum
Offices
Parsonage
Public or Private School
Public Utility Substation
Swimming Pool (Private)
79 6/15/90

Tennis Courts (Private)
Theatre, Indoor
Theatre, Outdoor
Vending Machines Located outdoors
Special Uses
Colleges and Related Facilities
Floating Structures
3008.1 Dimensional Requirements.
Min.
Lot Area . . . . . . . . . . . . .
. 5
acres
Min.
Lot Width . . . . . . . . . . . .
. .
None
Min.
Front Setback . . . . . . . . . .
. 20
feet
Min.
Side Yarn . . . . . . . . . . . .
. 10
feet
Min.
Rear Yard . . . . . . . . . . .
. 25
feet
Max.
Height. . . . . . . . .
. 35
feet
Min.
Side Yard on Street Right -of --Way.
. 20
feet
3008.2 Signs. Signs are permitted in the C-C district in accordance
with the provisions of Section 2100.
3008.3 Off -Street Parking. Development of any use in the C-C
district must conform to the parking and loading standards in
Section 2000. 0
3008.4 Screening/Buffering. Screening and buffering shall be
required in accordance with the provisions of Section 1601.
3009. OP Office and Professional District.
An office district established to provide controlled office,
institutional and professional office development.
The OP Office and Professional district has been established
to create a district exclusively for office, institutional
and professional complexes.
Within the OP district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
for this district follows:
Permitted Uses
Accessory Use and Building
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Armories for Meeting and Military Training
80 6/15/90

Assembly Hall
Automobile Parking Deck
Banks and Other Financial Institutions
Civic Center
Colleges and Related Facilities
Convalescent Home
Day Care Center
Funeral Home, Mortuary, Crematorium
Goverment Offices
Hospital, Health, Sanitarium Care
Laboratory: Medical, Dental, Optical
Laboratory, Research
Libraries, Museums, Art Galleries
Motel, Hotel, Motor Court
Non -Profit Recreational Facility
Offices
Public or Private School
Public Utility Office
Public Utility Substation
Residential Hotel
Restaurant, Not Drive -In
TV, Radio Broadcasting Studio
TV, Radio Transmitting Tower
Vending Machines located Outdoors
dial Uses
Group Care Facility
Floating Structure
3009.1 Dimensional Requirements.
Min.
Jot Area. . . . . . . . . . . . 30,000
sq. ft.
Min.
Jot Width . . . . . . . . . . . .
100
feet
Min.
Front Setback . . . . . . . .
. 40
feet
Min.
Side Yard . . . . . . . . . . . .
. 10
feet
Min.
Side and Rear Yard When Adjacent
to Railroad Rights -of -Way . . . . . .
. 0
feet
Min.
Rear Yard . . . . . . . . . . . .
. 25
feet
Max.
Height. . . . . .
. 35
feet
Min.
Side Yard on Street Right -of -Way.
. 15
feet
3009.2 Sic;ns. Signs are permitted in the OP district in accordance
with the provisions of Section 2100.
3009.3 Off -Street Parkincf. Development of any use in the OP
district must conform to the parking and loading standards in
Section 2000.
9.4 ScreeniMZBufferinq_ Screening and buffering shall be
required in accordance with the provisions of Section 1601.
81 6/15/90

3010. B-3 Planned Business District.
A business district established to provide controlled
shopping center development.
The B-3 Planned Business District has been established to
create a district exclusively for retail shopping center
complexes.
Within the B-3 District, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
for this district is as follows:
Permitted Uses
ABC Store
Accessory Use or Building
Agricultural Uses/Bona Fide Farms
Aquacultural Uses
Automobile Parking Deck
Banks and Financial Institutions
Barber Shop/Beauty Shop, etc.
Billiard or Pool Hall
Building Materials/Garden Supplies
Church
Club or Lodge
Civic Center
Dry Cleaning/Laundry Establishment
Fruit or Vegetable Stand on Same Parcel as Produced
General Merchandise Store
Gove orient Offices
Hospital, Health, Sanitarium Care
Mail Order House
Marine Equipment Store
Miscellaneous Retail
Offices
Public or Private School
Public Utility Substation
Motor Vehicle Service Station
Restaurant, Drive -In
Restaurant, Not Drive -In
Sale of Alcoholic Beverages in Retail Establishments
Theatre, Indoor
Vending Machine Located Outdoors
Special Uses
Ambulance Service (Private)
Animal Hopital/Veterinary Clinic
•
•
0
82 6/15/90

Auction Sales
Circus, Carnival, Fair or Side Show of no more than 30
Days
Entertainment Facilities (Bars, Cabarets, Discos, etc.)
Floating Structures
For Profit Recreational Facility
Kennels
Printing and Publishing
Theatre, Outdoor
TV, Radio Broadcasting Studio
Tv, Radio Transmitting Tower
3010.1 Dimensional Requirements.
Min. Lot Area. . . . . . . . . . . . 30,000 sq. ft.
Min. Lot Width .. . . . . . . . . . . . 100 feet
Min. Front Setback . . . . . . . . . . . 40 feet
Min. Side Yard . . . . . . . . . . . . . 10 feet
Min. Side and Rear Yard When Adjacent
to Railroad Rights -of --Way . . . . . . . 0 feet
Min. Rear Yard . . . . . . 25 feet
Max. Height. . . . . . . . . 35 feet
Min. Side Yard on Street Right -of -Way. . 15 feet
If a B-3 district adjoins a residential district, the minimum
setback or yard requirement for the lot line located adjacent
to the residential district shall equal the minimum setback
or yard requirement plus one half. (Example: minimum side
yard in a B-3 district adjoining a residential district would
equal 15 feet.)
3010.2 Signs. Signs are permitted in the B-3 district in accordance
with the provisions of Section 2100.
3010.3 Off -Street Parking. Development of any use in the B-3
district must conform to the parking and loading standards in
Section 2000.
3010.4 ScreeniMZBuffering. Screening and buffering shall be
required in accordance with the provisions of Section 1601.
3011. B-2 Marine Business District.
A business district established for marine -related
businesses.'
Within the B-2 district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
for this district follows:
83 6/15/90

Permitted Uses
Accessory Use or Building
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Automobile Parking Deck
Boat Launching Ramp
Boat Sales, Service and Repair
Boat Storage Yard
Business Residence
Cemetery
Club or badge
Commercial Marina
Drystack Boat Storage
Electrical Repair Shops
Entertainment Facilities (Bars, Discos, Cabarets, etc.)
Fishing Pier
Fishing Ranch
Government Offices
Laboratory, Research
Libraries, Museums, Art Galleries
Marine Equipment Store
Marine Railway Yard
Marine Research Facility
Motel, Hotel, Motor Court
Offices
Public or Private School
Public Utility Substation
Residential Hotel
Sale of Alcoholic Beverages in Retail
Seafood Processing, Handling, Storage
Swimming Pool (Public, Commercial)
Tennis Courts (Public, Commercial)
Vending Machines located Outdoors
Yacht and Boating Club
Special Uses
Establishments
and Sales Facility
Automobile/Boat Washing Establishment
Boat Building
Convenience Store
Floating Structures
For Profit Recreational Facility
Piers, Wharves, Deepwater Berth Facilities for Cargo,
Marine, Research and Commercial Fishing Vessels
Restaurant, Not Drive -In
Theatre, Outdoor
3011.1 Dimensional Requirements.
Min.
Lot Area
(no public water or sewer)
. 20,000 sq.
ft.
Min.
Lot Area
(public water or sewer). .
. 15,000 sq.
ft.
Min.
Lot Area
(public water and sewer) .
. 10,000 sq.
ft.
•
•
•
84 6/15/90

Min.
Lot Width . . .
80
feet
Min.
Front Setback . . . . .
40
feet
Min.
Side Yard . . . . . . . . . . . .
10
feet
Min.
Side and Rear Yard When Adjacent
to Railroad Rights -of --Way or Navigable Water.
0
feet
Min.
Rear Yard . . . . . . . . . . . . . . . .
15
feet
Max.
Height. . . . .
45
feet
Min.
Side Yard on Street Rightrof-Way.
15
feet
Min.
Open Space. . . . . . . . . . .
35
percent
Max.
Project Area coverage including
parking Areas and built -upon areas . . . . .
65
percent
If a B-2 district adjoins a residential district, the minimum
setback or yard requirement for the lot line located adjacent
to the residential district shall equal the minimum setback
or yard requirement plus one half. (Example: minimum side
yard in a B-2 district adjoining a residential district would
equal 15 feet.)
3011.3 Signs. Signs are permitted in the B-2 district in accordance
with the provisions of Section 2100.
3011.4 Off -Street Parking. Development of any use in the B-2
district must conform to the parking and loading standards in
Section 2000.
3011.5 Screening/Buffering. Screening and buffering shall be
required in accordance with the provisions of Section 1601.
3012. B-1 General Business District.
A business district intended for the use of general
businesses and other related uses.
Within the B-1 district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
for this district follows:
Permitted Uses
ABC Store
Accessory Uses or Buildings
Agricultural Uses/Bona Fide Farm
Ambulance Service, Private
Animal Hospital/Veterinary Clinic
Apartment
Appliances (Retail/Maintenance)
Aquacultural Uses
Armories for Meeting and Military Training
85 6/15/90

Assembly 1 Hall
Auction Sales
Automobile/Boat Washing Establishment
Automobile Parking Deck
Automotive Dealers and Truck Sales
Banks and Financial Institution
Barber Shop/Beauty Shop, etc.
Billiard/Pool Hall
Boarding House
Boat Launching Ramp
Boat Sales, Service and Repair
Boat Storage Yard
Building Materials/Garden Supplies
Bus and Taxi Terminal
Bus Repair and Storage
Business Residence
Church
Circus, Carnival, Fair and Side Show of no more than 30
days duration
Club or Lodge
Contractor's Office
Convenience Store
Country Club and Related Uses
Dry Cleaning/laundry Establishment
Electrical Repair Shop
Entertainment Facilities (Bars, Discos, Cabarets, etc.)
Exterminating Services
Fabricating Shops (Wood, Metal, Upholstery, etc.)
Farm Implement Sales and Service
Fishing Camps
Fishing Pier
For -Profit Recreational Facility
Fruit or Vegetable Stand on Same Parcel as Produced
General Merchandise Store
Golf Course
Golf Course, Miniature
Golf or Baseball Driving Range
Government Offices
Handcrafting of Small Articles
Hospital, Health, Sanitarium Care
Kennels
Laboratory: Medical, Dental, Optical
Libraries, Museums, Art Galleries
Mail Order House
Marine Equipment Store
Mausoleum
Mini -Warehouses
Miscellaneous Retail
Mobile Hame/Modular Home Dealer
Motel, Hotel, Motor Court
Motorcycle Sales and Repair
Motor Vehicle Repair Garage
Motor Vehicle Service Station
86 6/15/90

•
17A
Newspaper Office and Incidental Printing
Non -Profit Recreational Facility
Offices`
Overnight Camping Vehicle Storage
Printing and Publishing
Public or Private School
Public Utility Substation
Residential Hotel
Restaurant, Drive -In
Restaurant, Not Drive -In
Sale of Alcoholic Beverages in Retail Establishments
Skating Rink
Swimming Pool (Public, Commercial)
Tennis Courts (Public, Commercial)
Theatre, Indoor
Theatre, Outdoor
Trailer (Utility/Hauling) Sales and Rental
TV, Radio Broadcasting Studio
TV, Radio Transmitting Tower
Vending Machines Located Outdoors
Wholesale Nurseries/Greenhouses
Special Uses
Adult Establishments
Assembly of Prepared Parts into Finished Products
Cabinet/Woodworking Shop
Clothing Manufacturing
Cold Storage Plants
Contractor's Plant/Storage Yard
Convalescent Home
Day Care Center
Floating Structures
Junkyards
Manufactured Home Park
Other Conmiunication Facilities
Public Utility Office
Public Utility Workshop and Storage
Recycling of Waste Matter
Signs (Manufacturing and Assembly)
Stables (Public)
Truck Terminal Activities
3012.1 Dimensional Requirements.
Min.
Lot Area (no public water or sewer)
. 20,000
sq. ft.
Min.
Lot Area (public water or sewer). .
. 15,000
sq. ft.
Min.
Lot Area (public water and sewer) .
. 10,000
sq. ft.
Min.
Min.
Lot Width . . . . . . . . . . . . .
Front Setback . . . . . . . . . . .
. . . 80
. . . 40
feet
feet
Min.
Side Yard . . . . . . . . . . .
. . . 10
feet
Min.
Side and Rear Yard When Adjacent
to
Railroad Rights -of -Way . . . . . . .
. . . 0
feet
87 6/15/90

Min. Rear Yard . . . 20 feet
Max. Height. . . 35 feet
Min. Side Yard on Street Right -of --Way. . . . . 15 feet
If a B-1 district adjoins a residential district, the minimum
setback or yard requirement for the lot line located adjacent
to the residential district shall equal the minimum setback
or yard requirement plus one half. (Example: minimum side
yard in a B-1 district adjoining a residential district would
equal 15 feet.)
3012.2 Signs. Signs are permitted in the B-1 district in accordance
with the provisions of Section 2100.
3012.3 Off -Street Parking. Development of any use in the B-1
district must conform to the parking and loading standards in
Section 2000.
3012.4 Screening/Buffering. Screening and buffering shall be
required in accordance with the provisions of Section 1601.
3013. MC Planned Mobile Home and Camp Park District.
A district allowing for the development of manufactured home
parks and travel trailer parks.
Within the MC district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. The list of permitted and special uses
for this district follows:
Permitted Uses
Accessory Use or Building
Agricultural Uses/Bona Fide Farm
Aquacultural Uses
Campground
Dock or Pier (Private)
Fishing Camps
Government Offices
Manufactured Home
Manufactured Home Park
Offices
Public or Private School
Public Utility Substation
Swimming Pool (Private)
Tennis Courts.(Private)
Special Uses
•
•
•
88 6/15/90

9
Day Care Center
Floating Structures
Fruit or Vegetable Stand on Same Parcel as Produced
3013.1 Dimensional Requirements.
Min.
Lot Area . . . . . . . . . . . . . .
. 3 acres
Min.
Lot Width . . . . . . . . . . .
. .
None
Min.
Front Setback . . . . . . . . . . .
. 40
feet
Min.
Side Yard . . . . . . . . . . . . .
. 10
feet
Min.
Rear Yard . . . . . . . .
. 15
feet
Max.
Height.
35
feet
Min.
Side Yard on Street Rightrof--Way. .
. 20
feet
3013.2 Mobile home parks and campground developed in the MC district
shall be developed in accordance with the Carteret County
Mobile Home, Mobile Home Park and Travel Trailer (Camper)
Park Ordinance. Dimensional requirements for individual
lots/spaces located within the mobile home park or campground
are defined in the above -mentioned ordinance.
3013.3 Signs. Signs are permitted in the MC district in accordance
with the provisions of Section 2100.
013.4 Off -Street ParkiL)g. Development of any use in the MC
district must conform to the parking and loading standards in
Section 2000.
3013.5 Screening/BufferirnL Screening and buffering shall be
required in accordance with the provisions of Section 1601.
3014. LZW Light Industrial Wholesale District.
A district planned and established for the location of
manufacturing and other related uses which would be
incompatible with business and residential areas.
Within the LIW district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
Uses in Section 3400. A list of permitted and special uses
for this district follows:
Permitted Uses
Accessory Uses and Buildings
Agricultural Uses/Bona Fide Farms.
Aquacultural Uses
Armories for Meeting and Military Training
Assembly of Prepared Parts into Finished Products
Automobile Parking Deck
Boat Building
89 6/15/90

Bus Repair and Storage
Cabinet and Woodworking Shop
Clothing Manufacturing
Cold Storage Plant
Cooperage Works and Crafting Services
Contractor's Offices
Contractor's Plant/Storage Yard
Dry Cleaning/Laundry Establishment
Electrical Repair Shop
Electronic Machines, Equipment and Supplies
Exterminating Services
Fabricating Shops (Wood, Metal, Upholstery, etc.)
Fairground
Fiberglass Manufacturing
Furniture Manufacturing Plants
General Wholesaling
Government Offices
Handcrafting of Small Articles
Industrial Sales/Repair of Equipment
Kennels
Laboratory: Medical, Dental, Optical
Laboratory, Research
Leather and Leather Products
Marine Research Facility
Mini -Warehouses
Motor Vehicle Repair Garage
Newspaper Office and Incidental Printing
Offices
Plastic Manufacturing
Printing and Publishing
Public Utility Offices
Public Utility Workshop and Storage
Public Utility Substation
Rubber Products
Seafood Processing, Handling, Storage and Sales
Facilities
Signs, Manufacturing and Assembly
Special Uses
Automobile Manufacturing
Bakery Plant
Boat Building
Boat Storage Yard
Bus and Taxi Terminal
Chemical/Mineral Manufacturing, Refining and Processing
Dairy Products Processing Plants
Fish Processing
Floating Structures
Freight Transportation Warehousing
Lumber and Wood Products
Machinery except for Electrical
Manufacturing and Assembly
•
Is
•
90 6/15/90

Menhaden Fish Scrap/Oil Processing
Miscellaneous Manufacturing
Other Communication Facilities
Overnight Camping Vehicle Storage
Pottery, Porcelain and Vitreous China Manufacturing
Recycling of Waste Matter
Stone, Clay, Glass and Concrete Products
Textile Manufacturing
Tire Recapping and Retreading
Tobacco Manufacturing
Transportation Equipment
3014.1 Dimensional Requirements.
Min. Lot Area . . . . . . . . . . . . . . . 1 acre
Min. Lot Width . . . . . . . . . . . 100 feet
Min. Front Setback . . . . . . . . 40 feet
Min. Side Yard . . . . . . . . . . . . 20 feet
Min. Side and Rear Yard When Adjacent to
Railroad Rights -of -Way or Navigable Water 0 feet
Min. Rear Yard . . . . . . . . . . . . 25 feet
Max. Height. . . . . . . . . . 45 feet
Min. Side Yard on Street Right -of -Way. 30 feet
If a LIW district adjoins a residential district, the minimum
setback or yard requirement for the lot line,located adjacent
to the residential district shall equal the minimum setback
or yard requirement plus one half. (Example: minimum side
yard in a LIW district adjoining a residential district would
equal 15 feet.)
3014.2 Signs. Signs are permitted in the LIW district in accordance
with the provisions of Section 2100.
3014.3 Off -Street Parking. Development of any use in the LIW
district must conform to the parking and loading standards in
Section 2000.
3014.4 Screening/Buffering. Screening and buffering shall be
required in accordance with the provisions of Section 1601.
3015. P-I Port Industrial District.
An industrial district developed exclusively for port -related
manufacturing and storage activities.
All uses listed below shall be required to be port -related.
Within the P-I district, no lot, building or structure shall
be erected which is intended or designed for any other use
than the uses specified on the Table of Permitted and Special
91 6/15/90

Uses in Section 3400. The list of permitted and special uses
for this district follows:
Permitted Uses
Accessory Uses and Buildings
Agricultural Use/Bona Fide Farm
Aquacultural Uses
Automobile Parking Deck
Boat Building
Boat Launching Ramp
Cold Storage Plant
Contractor's Offices
Contractor Plants and Storage Yard
Electronic Machines, Equipment and Supplies
Fabricating Shops (Wood, Metal, Upholstery, etc.)
Freight Transporation Warehousing
Foundries
General Warehousing
Government Offices
Grain Storage, Mini -Storage and Shipping
Industrial Equipment Sales and.Repair
Iimber and Wood Products
Manufacturing and Assembly
Marine Railway Yard
Marine Research Facility
Mining and Quarrying
Offices
Paper and Allied Products
Pharmeceutical Manufacturing
Piers, Wharves, Deepwater Berth Facilities for Cargo,
Marine Research and Commercial Fishing Vessels
Public Utility Substation
Primary Metal
Railroad Transportation Facility
Scrap Processing
Seafood Processing, Handling, Storage and Sales
Facilities
Stone, Clay, Glass and Concrete Products
Tobacco Sales Warehousing
Truck Terminal Activities
Vending Machines located Outdoors
Special Uses
Bulk Storage of Flammable Fluids and Gases
Bus and Taxi Terminal
Chemical/Mineral Manufacturing, Refining and Processing
Commercial Marina
Cooperage Works and Crafting Services
Drystack Boat Storage
Fiberglass Manufacturing
Floating -Structures
•
•
•
92 6/15/90

•
Machinery except for Electrical
Miscellaneous Manufacturing
Non -Profit Recreational Facility
Outer Continental Shelf Service and Supply Base
Petroleum and Related Products
Plastic Manufacturing
Rubber Products
Slaughter House
Textile Manufacturing
Tire Recapping and Retreading
Tobacco Manufacturing
Transportation Equipment
Wholesale Storage and Bulk Terminal
3015.1 Dimensional Requirements.
Min.
Lot Area . . . . . . . . . . . . . .
. 1
acre
Min.
Lot Width . . . . . . . . . . . . .
100
feet
Min.
Front Setback . . . . . . . . . . .
. 30
feet
Min.
Side Yard . . . . . . . . . . . . .
. 20
feet
Min.
Side and Rear Yard When Adjacent to
Railroad Rights -of -Way and Navigable Water 0
feet
Min.
Rear Yard . . . . . . . . . . . . .
. 25
feet
Max. Height. . . . . . 60 feet
Min. Side Yard on Street Right -of -Way. 30 feet
If a P-I district adjoins a residential district, the minimum
setback or yard requirement for the lot line located adjacent
to the residential district shall equal the minimum setback
or yard requirement plus one half. (Example: minimum side
yard in a P-I district adjoining a residential district would
equal 15 feet.)
3015.2 Signs. Signs are permitted in the P-I district in accordance
with the provisions of Section 2100.
3015.3 Off -Street Parking. Development of any use in the P-I
district must conform to the parking and loading standards in
Section 2000.
3015.4 Screening/Buffering. Screening and buffering shall be
required in accordance with the provisions of Section 1601.
3016. I-W Industrial and Wholesale District.
A district planned and established for the location of
manufacturing and other related uses which would be
incompatible with business and residential areas.
Within the I W district, no lot, building or structure shall
be erected which is intended or designed for any other use
93 6/15/90

than the uses specified on the Table of Permitted and Special
Uses in Section 3400. A list of permitted and special uses
for this district follows:
Permitted Uses
Accessory Uses and Buildings
Agricultural Uses/Bona Fide Farm
Alcohol Manufacturing and Related Products
Air Transportation/Airport
Aquacultural Uses
Assembly of Prepared Parts into Finished Products
Automobile Parking Deck
Automobile Manufacturing
Bakery Plants
Boat Building
Boat Launching Ramp
Bottling Plants
Breweries
Cabinet and Woodworking Shop
Cannery
Chemical/Mineral Manufacturing, Refining and Processing
Chicken Hatchery
Clothing Manufacturing
Cold Storage Plant
Contractor's Offices
Contractor's Plant/Storage Yana
Cooperage Works and Crafting Services
Dairy Products Processing Plants
Dry Cleaning/Laundry Establishment
Electronic Machines, Equipment and Supplies
Exterminating Services
Fabricating Ships (Wood, Metal, Upholstery, etc.)
Fairground
Fiberglass Manufacturing
Fish Processing
Food Processing/Manufacturing in Wholesale Quantities
Foundries
Freight Transportation Warehousing
Furniture Manufacturing Plants
General Warehousing
General Wholesaling
Government Office
Grain Storage, Mini -Storage and Shipping
Industrial Sales/Repair of Equipment
Junkyard
Kennels
Leather and Leather Products
Dxnber and Wood Products
Machinery except for Electrical
Manufacturing and Assembly
Marine Railway Yard
Marine Research Facility
•
•
94 6/15/90

•
Menhaden Fish Scrap/Oil Processing
Mining and Quarrying
Miscellaneous Manufacturing
Motor Vehicle Repair Garage
Newspaper Office and Incidental Printing
Offices
Other Communication Facilities
Outdoor Shooting Range
Outer Continental Shelf Service and Supply Base
Paper and Allied Products
Pharmeceutical Manufacturing
Petroleum and Related Products
Piers, Wharves, Deepwater Berth Facilities for Cargo,
Marine Research and Commercial Fishing Vessels
Plastic Manufacturing
Pottery, Porcelain and Vitreous China Manufacturing
Primary Metal
Printing and Publishing
Public Utility Office
Public Utility Workshop and Storage
Public Utility Substation
Railroad Transportation Facilities
Recycling of Waste Matter
Rubber Products
Scrap Processing
Seafood Processing, Handling, Storage and Sales
Facilities
Signs, Manufacturing and Assembly
Slaughter House
Sludge Disposal
Stone, Clay, Glass and Concrete Products
Swine Production
Textile Manufacturing
Tire Recapping and Retreading
Tobacco Manufacturing
Tobacco Sales Warehousing
Trailer (Utility/Hauling) Sales and Rental
Transportation Equipment
Truck Terminal Activities
Vending Machines located outdoors
Wholesale Nurseries/Greenhouses
Wholesale Storage and Bulk Terminal
Special Uses
Billboards/Off-Premise Signs
Bulk Storage of Flammable Fluids and Gases
Bus and Taxi Terminal
Bus Repair and Storage
Drystack Boat Storage
Floating Structures
Landfill
Manufactured Home Park
95 6/15/90

3016.1 Dimensional Requirements.
•
Min.
Lot Area . . . . . . . . . . . . . .
. 1 acre
Min.
Lot Width . . . . . . . . . . . . .
100
feet
Min.
Front Setback . . . . . . . . .
. 50
feet
Min.
Side Yard . . . . . . . .
. 20
feet
Min.
Side and Rear Yard When Adjacent to
Railroad Rights -of --Way and Navigable Water 0
feet
Min.
Rear Yard . . . . . . . . . . . . .
. 30
feet
Max.
Height. . . . . . . . . . . .
. 45
feet
Min.
Side Yard on Street Right -of -Way . .
. 30
feet
If an I W district adjoins a residential district, the
minimum setback or yard requirement for the lot line located
adjacent to the residential district shall equal the minimum
setback or yard requirement plus one half. (Example:
minimum side yard in an I-W district adjoining a residential
district would equal 15 feet.)
3016.2 Signs. Signs are permitted in the I W district in accordance
with the provisions of Section 2100.
3016.3 Off -Street Parking. Development of any use in the I W
district must conform to the parking and loading standards in
Section 2000.
3016.4 ScreeniMZBuffering. Screening and buffering shall be
required in accordance with the provisions of Section 1601.
11
96 6/15/90

3101. Efficiency Unit. Efficiency units may be established in
residential districts subject to the area, yard and height
regulations of those districts and the following
limitations:
.1 The efficiency units shall not contain more than 25
percent of the gross heated and/or cooled floor area of the
dwelling.
.2 The lot must meet the minimum lot size requirements
of the zoning district in which it is located.
3102. Car and Boat Washes Car and boat washes may be established
in the B-1 and B-2 districts subject to the area, yard and
height regulations of those districts and the following
limitations:
All washing facilities must be within an enclosed
building. Washing bays are permitted. Vacuuming facilities
may be outside the building but may not be located in any
required yard area.
3103. Outdoor Amusement. Outdoor Commercial Amusements, such as
miniature golf, rides, commercial beaches, slides and
similar commercial enterprises are permitted in the B-1 and
B-2 districts. All uses, buildings and structures must be
at least 200 feet from any residential district.
3104. Cemeteries. Private or public cemeteries are permitted in
all districts in accordance with the requirements listed
below:
.1 Tombstones, crypts, monuments and mausoleum must be
located at least 25 feet from any side or rear lot line
which adjoins lots in a residential district and at least 10
feet from any side or rear lot line which adjoins lots in
non-residential districts. In any case, they must be at
least 40 feet from any street right-of-way.
.2 Buildings for the maintenance, management, rent and/or
sale of cemetery lots must be located at least 100 feet from
any lot lines which adjoin lots in any residential district.
Otherwise any such buildings must conform to the
requirements for principal uses in the district where they
are located.
3105. Residential Marinas.
0 Residential marinas approved as part of the development area
are permitted in all residential districts subject to the
97 6/15/90

following limitations.
.1 Boat slips, piers and bulkheads are permitted,
however, no commercial activities shall be permitted.
Marinas may include any pump out facilities required
by water quality or other state or federal
regulations.
.2 A club house or similar facility which could normally
be included in a residential development may be
included with the marina facilities.
.3 Residential developments in which marinas are allowed
as accessory uses must receive preliminary approval
from the'Planning Commission and, when appropriate,
the County Commissioners prior to issuance of any
county permits for the construction of the marina.
.4 Drystacks shall not be permitted in residential
development marinas.
.5 Signs calling attention to the marina other than those
for vehicular directional purposes located within the
development are not permitted.
.6 The number of slips may not exceed 110% of the number
of units in the residential development. Each slip
over and above the number of units in the residential
development must be provided with two; parking spaces
in a specifically designed area.
3106. Country Clubs, Golf Courses, Tennis Clubs and Community
Recreation Centers. Country clubs, golf courses, tennis
clubs and community recreation centers are allowed on a
special use basis, unless otherwise stated in the Table of
Permitted and Special Uses, within any district subject to
the following requirements. When located in residential
districts, any enclosed buildings and parking areas must
meet the minimum setback and yard requirements for the
district in which it is located. swimming pools must be
located at least 100 feet from lots in any residential
district.
3107. Group Developments. Procedure for approval shall be in
accordance with the "Carteret County Group Housing
ordinance".
3108. Reserved.
r-�
•
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3109. Junkyards. Junkyards, scrap metal, paper and rag storage
and processing, and similar uses are permitted in the I-W
district. They must be enclosed by a non -climbable fence
and be screened in accordance with the standards of Section
1601. The fence must be located at least 20 feet from any
public street right-of-way and the screening must be at
least 8 feet high and adequate to conceal all storage from
public view.
3110. Kennels. Kennels are permitted by right in the I-W district
and by special use in the RA, R-35, R-20, B-1 and B-3
districts. The minimum lot size is one acre, and the kennel
building shall not be located any closer than 50 feet to any
property line. Kennels must be enclosed by a sound barrier
and be screened in accordance with the standards of Section
1601. Caretaker quarters shall be permitted.
3111. Business Residence. A business residence may be established
in the B-1 and B-2 districts subject to the yard
requirements and the following limitations:
.1 The residence may not exceed 50% of the gross floor area
of the business operation.
.2 The residence may be located above the business.
.3 In no case shall the residence be located in the front
yard of the business.
.4 The business residence must be within the same
structure.
3112. Motels, Motor Courts and Hotels. Motels, motor courts and
hotels may be established in business districts subject to
the area, yard and height regulations of the designated
districts and the following regulations:
.1 Associated commercial uses may be located only in a
motel, motor court or hotel having a minimum of 50 units.
.2 Public entry to commercial facilities must be from the
interior of the building. No direct public entrance from
the street or outside of the building is permitted.
.3 No merchandise or merchandise display window may be
visible from the outside of the building.
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.4 Outside storage or display of merchandise shall not be
permitted.
3113. Overnight Camping Trailers. Overnight camping trailers are
permitted to be stored unoccupied on lots in any district.
They are permitted in overnight camping trailer parks
subject to the provisions of the "Carteret County Mobile
Home, Mobile Home Park and Travel Trailer (Camper) Park
ordinance".
3114. Storage of 200,000 Gallons or Less of Petroleum. The
storage of 200,000 gallons or less of petroleum products is
permitted below ground as an accessory use to an automobile
service station in the B-1 district and a marina in the B-2
district. All petroleum storage facilities of this type
must comply with the North Carolina Building Code and NFPA
30.
3115. Automobile Service Stations. Automobile service stations
shall be permitted by right in the B-1 district subject to
the following limitations:
.1 Gasoline pumps and other appliances shall be located a
minimum of 15 feet from any property line.
.2 when an automobile service station adjoins a residential
district, the underground storage tanks shall be located a
minimum of 30 feet from the property line.
.3 All underground storage tank facilities shall comply with
the North Carolina Building Code and NFPA 30A.
3116. Stables, Private. Private stables housing horses, mules or
ponies shall be permitted by right in the RA district and by
special use in the R-35, R-20 and R-15M district subject to
the following limitations:
.1 The minimum lot size is one acre. The number of horses
allowed shall be limited to one horse per acre or when a
parcel is three acres or more and the dwelling thereon is
occupied by a single family, the number of horses may be
increased to match the number of family members living on
the premises.
.2 In no case shall private stables be the principal use of
a lot.
.3 All horses shall be confined within a fenced enclosure
suitably engineered and constructed for such use. The fence
•
•
•
100 6/15/90

shall be sturdily constructed with new material and
maintained in good repair and finish. In a subdivision with
an equestrian theme, the Restrictive Covenants for said
subdivision may require all horse pasture fences to be
uniform in size, design and construction material.
.4 All stables shall be located 50 feet from all property
lines and shall not be used for residential occupancy.
3117. C=tercial Marinas.
3117.1 Activities and possible uses on the marina property shall be
limited to wet boat storage, boat service and repairs, boat
accessory sales, ship's store, coffee shop, boat trailer
parking areas, automobile parking areas, launching ramp,
piers and boat petroleum service areas.
3117.2 Dimensional Requirements:
Minimum land area . . . . . . . . . . . . . . 30,000 sq. ft.
Minimum lot width . . . . . . . . . . . . . . . 100 feet
Minimum lot depth . . . . . . . 300 feet
Minimum side yard requirement for structures. 30 feet
Minimum front setback for structures. . . . . . 50 feet
Maximum building height . . . . . . . . . . . . 45 feet
Maximum project area coverage including
parking areas and built upon areas . . . . . . 65 percent
3118. Drystack Boat Storage.
3118.1 If permitted within the district, drystack boat storage
buildings may be used in conjunction with marinas provided
that the following conditions shall be adhered to:
.1 The drystack building shall be no closer than 30 feet
from any property line unless such property line abuts the
water.
.2 A buffer shall be constructed between the building and
any adjacent property line in accordance with Section 1601.
.3 Any drystack boat storage building in an I W district
must be located on a parcel abutting a surface water body.
3119. Duplexes and Triplexes. Duplexes and triplexes shall be
permitted in accordance with the Permitted and Special Use
Table, subject to the following limitations:
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.1 Duplex building lots shall be required to have the
minimum lot area required in the district, plus an
additional 10,000 square feet which shall be contiguous.
The minimum lot area for some districts may vary according
to whether public water and/or public sewer is available.
See Section 3000.
.2 Triplex building lots
minimum lot area requir
additional 15,000 square
The minimum lot area for
to whether public water
See Section 3000.
3120. Floating Structures.
ed
shall be required to have the
in the district, plus an
feet which shall be contiguous.
some districts may vary according
and/or public sewer is available.
.1 Floating structures shall not be allowed or permitted
within the public trust waters of Carteret County except in
commercial marinas.
.2 Floating structures shall not be located within 15 feet
of the waterward extension of any property lines.
.3 No more than one dwelling unit shall be permitted per
floating structure.
.4 Each floating structure shall be inspected and approved
by the Building Inspector prior to placement in a location
with approved sanitary facilities. This approval shall
include, but shall not be limited to, adequacy of the
electrical system and the method of exiting.
.5 Each floating structure shall be provided with permanent
water and on -shore sewage treatment systems approved by the
Carteret County Health Department or appropriate agency.
All wastewater piping from the unit shall be constructed to
the North Carolina Building Code. No overboard discharge
openings through the hull or structure shall be permitted
except for one dewatering pipe which may not be connected to
wastewater piping.
.6 A system for collection and removal of solid waste
(garbage) shall be approved by the Carteret County Health
Department.
.7 A minimum of two (2) off-street parking spaces per
floating structure shall be provided on -shore.
.8 A zoning permit is required for all floating structures.
•
•
•
102 6/15/90

•
.9 A site plan shall be submitted to the Carteret County
Planning Department prior to issuance of a zoning permit.
3121. Homeowners Associations. When a subdivision is developed
with private roads, ca =n area and/or a private
infrastructure and contains more than ten lots, a homeowners
association which meets the following requirements shall be
established:
.1 When a plat or map is to be recorded, the maps or plat
shall contain a certificate indicating the book and page
number of the homeowners association covenants, conditions
and restrictions upon recordation of such covenants.
.2 Responsibilities for maintenance of private streets,
open space, recreation facilities, infrastructure and other
common areas shall be specified.
.3 Responsibilities for exterior maintenance of attached
dwelling units shall be specified, when necessary.
3122. Model Unit Marketing Center A model unit marketing center
shall include model homes, mobile homes and group housing
units located within a particular development project. The
model unit marketing center shall be used only for the
marketing and sales of said approved development project.
It shall comply with the following requirements:
.1 The model unit shall be constructed for the purposes of
sale as a residential unit and shall be utilized temporarily
as a model unit marketing center only during the period of
time in which the project developer is actively engaged in
the sale of property owned by the project developer within
the project in which the model unit is located.
.2 When the model unit is sold, the office may be relocated
to another model unit, but at no time shall more than one
marketing center be allowed per development project.
.3 All signs shall be in accordance with Section 2100.
.4 In addition to the requirements outlined in Section
2100, the model unit marketing center may display a placard
not exceeding four (4) square feet which is attached to the
model unit. Said placard shall indicate only that the unit
is the model unit/sales office.
103 6/15/90

3200. CONDITIONAL USE DISTRICTS.
3201. Purpose.
3201.1 Conditional Use District. This ordinance contains
regulations which establish zoning districts and assign land
uses to one or more of these districts. The ordinance also
provides standards for development which regulate lot size,
yards, parking and open space. There are, however, certain
circumstances which often arise when a general zoning
district designation would not be appropriate for a certain
property, but a specific use permitted under the district
would be consistent with the objectives of this ordinance.
In order to accommodate this situation, this Section
establishes the conditional use district process.
The conditional use district process is established to
address those situations involving a rezoning when a
particular use may be acceptable but the general
classification which would allow that use would not be
acceptable. It allows the Board of County Commissioners to
approve a rezoning proposal for a specific use with
reasonable conditions to assure the compatibility of the use
with surrounding properties. Any use permitted under this
process must also conform to the development regulations for
the corresponding general zoning district. This is a
voluntary procedure which is intended for firm development
proposals. It is not intended or suited for securing early
zoning for tentative proposals which may not be undertaken
for some time.
3202. Application and Review Process.
The following process applies to the conditional use
district:
3202.1 Application. Rezoning petitions to establish a conditional
use district must be submitted to the Carteret County
Planning Department and will be processed in accordance with
the procedure for zoning amendments described in Section
1300, as well as the provisions of this Section. A
conditional use district classification will be considered
only if the application is made by the owner of the property
or his/her authorized agent. All applications must include a
schematic plan drawn to scale and any supporting text for the
ordinance amendment. The applicant should include at least
the items listed below:
.01 A boundary survey showing the total acreage, present
zoning classification(s), date and north arrow;
.02 The owners' names, addresses, and the tax parcel numbers
of all abutting properties as shown on the tax records
of Carteret County; 10
104 6/15/90

.03 All existing easements, reservations and rights -of --way
and all yards required for the zoning district
requested;
.04 Proposed use of land and strucutures. For residential
uses, this should include the number of units and an
outline of the area where the structures will be
located. For non-residential uses, this should include
the approximate square footage of all structures and an
outline of the area where the structures will be
located;
.05 Traffic, parking and circulation plans, showing the
proposed locations and arrangement of parking spaces and
access points to adjacent streets.
3202.2 Additional Requirements. It may be necessary to request
additional information in order to evaluate a proposed use
and its relationship to the surrounding area. 'Therefore, the
Planning Commission and/or Board of County Commissioners may
request additional information as they deem necessary. This
information may include, but is not limited to, the items
listed below:
.01 Proposed screening, including walls, fences or planting
areas as well as treatment of any existing natural
features;
.02 Delineation of areas within the regulatory flood zone as
shown on the official FEMA flood zone maps for Carteret
County;
.03 Existing and proposed topography at 2-foot contour
intervals or less;
.04 Generalized information on the number, height, size and
the location of structures;
.05 Proposed number and location of signs;
.06 Proposed phasing, if any, and approximate completion
time of the project.
The application for a conditional use district must contain
information and/or site plans which indicate all of the
principal and accessory uses which are proposed to be
developed on the site. Subsequent to the approval of a
conditional use district, only those principal and accessory
uses indicated on the approved plan may be constructed on the
site. Any substantial modifications to an approved plan,
including any changes in the permitted principal or accessory
uses, must comply with the provisions of Section 3202.5.
105 6/15/90

•
3202.3 Review and approval. In considering an application for the
establishment of a conditional use district, the Board of
County Commissioners may attach reasonable and appropriate
conditions to the location, nature and extent of the proposed
use. Any conditions should relate to the relationship of the
proposed use to surrounding property, proposed support
facilities such as parking, screening and buffer areas, the
timing of development and other matters that the Board may
find appropriate or the petitioner may propose. The
conditions may not include architectural review or controls.
The petitioner will have a reasonable opportunity to consider
and respond to any such additional requirements prior to
final action by the Board of County Commissioners. If any
conditions are included as part of the rezoning, the
petitioner shall agree in writing to all applicable
conditions within thirty (30) days of the decision. The
conditional use approval will not become effective until such
written agreement is recorded in the Carteret County Register
of Deeds. If the petitioner does not agree to the conditions
in writing within thirty (30) days following the date of the
decision, the conditional use permit will be deemed null and
void.
In evaluating an application for the establishment of a
conditional use district, it is appropriate for the Board of
County Commissioners to consider the following:
.01 The policies and objectives of the Carteret County Land
Use Plan, particularly in relation to the use, proposed
site and surrounding area;
.02 The potential adverse impacts to the surrounding area,
of, but not limited, to traffic, storm water drainage,
land values and compatibility of land use activities.
In the review and approval of a conditional use district,
emphasis will be given to evaluation of the characteristics
of the specific use proposed in relationship to surrounding
properties. The Board of County Commissioners may also
consider the Permitted and Special Uses allowed under the
existing zoning classification in determining the
appropriateness of the the conditional use rezoning proposal.
3202.4 Effect of approval. If an application is approved, the
conditional use district that is established and all
conditions which may have been attached to the approval are
binding on the property. All subsequent development and use
of the property must be in accordance with the approved plan
and conditions.
The intent of this type of zoning is to provide an
alternative procedure for specific development proposals. It
106 6/15/90

is intended that all property be rezoned only in accordance
with firm plans to develop. Therefore, three (3) years from
the date of approval, the Planning Commission will examine
development progress made in accordance with approved plans
to determine if active efforts are proceeding. If it is
determined by the Planning Commmission that active efforts to
cmply with the approved plan are not proceeding, a report
will be forwarded to the Board of County Co mnissioners which
may recamiend that action be initiated to remove the
conditional district in accordance with the amendment
procedures outlined in Section 1300.
3202.5 Alterations to an approved conditional use district. Changes
to approved plans and conditions of development will be
treated the same as changes to the zoning map and will be
processed as an amendment as provided for in Section 1300.
However, minor changes in the detail of the approved plan
which will not alter the basic relationship of the proposed
development to adjacent property, which will not alter the
uses permitted or increase the density or intensity of
development, and which will not decrease the off-street
parking ratio or reduce the yards provided at the boundary of
the site may be approved by the Planning Director without
going through the amendment process. The Planning Director,
at his (her) discretion, may elect not to allow any proposal
as a minor change and will, in that event, forward the
detailed application for changes to the Planning Commission
and/or Board of County Commissioners for their consideration.
3202.6 Issuance of a conditional use permit. If a petition for a
conditional use district is approved, the Board of County
Commissioners will issue a conditional use permit authorizing
the use with any reasonable conditions that the Board of
County commissioners determines are necessary in promoting
public health, safety and general welfare and any other
conditions deemed necessary. The conditional use permit
shall become effective after being duly recorded in the
Carteret County Register of Deeds.
3203. Permitted/Special Uses and Development Requirements.
Potential uses which may be considered for a conditional use
district are restricted to those Permitted and Special Uses
allowed in the zone assigned to that particular piece of
property. If application is made for a conditional use,
those uses listed as special uses will be exempted from the
normal requirement for a special use permit and replaced with
a conditional use permit. Uses permitted in conditional use
districts are subject to all applicable development standards
and requirements for that use listed in the corresponding
general zoning district.
107 6/15/90

3204. Zoning Map Designation. Following Board of county
Commissioners approval of a conditional use district, the
property so zoned will be identified on the zoning maps by
the appropriate parallel conditional use district
designation. This designation is the general zoning district
designation plus the letters "CU".
3205. Reserved.
3206. Flexible Planned Unit Development . Certain large parcels
may require additional flexibility in design than is allowed
under the conditional use PUD overlay district standards.
This flexibility may be necessary to maximize environmental
protection, encourage open space dedication and to group
complementary land uses. Parcels containing acceptable
acreage may request the Flexible PUD. A mix of commercial,
single-family and group housing shall be allowed within the
Flexible PUD tract but the following criteria must be met:
.1 The overall density of single and multi -family units
shall not exceed 2.9 units per acre for the project's
net acreage. The net acreage shall mean the entire tract,
minus 10 percent for necessary infrastructure. Commercial
land uses shall not be included within the tract net
acreage.
.2 The total number of units (single- or multi -family)
shall not exceed 8 in number for any single designated
acre within the project;
.3 No single-family units shall exceed 35' in height.
All other structures shall not exceed 50' in height from
its finished grade.
.4 Planned amenities including marinas and drystack
boat storage facilities (including repair and maintenance
facilities) shall be utilized primarily by the residents
within the PUD and only incidentally by transients. None
of these facilities shall be permitted adjacent to any
surface waters under current nomination or designated as
Outstanding Resource Waters by the State of North
Carolina. Any data which supports the use of these
amenities or recreational facilities solely by Flexible
PUD residents shall be made available to the Zoning
Enforcement Officer upon request.
.5 A centralized water and sewer system shall be
provided to serve all the residents or the buildings in
the total acreage designated as a Flexible PUD;
•
•
108 6/15/90

.6 A Master Plan and schedule for future development
shall be provided at the time of Preliminary approval.
Each section or phase of the Master Plan shall be
recorded in Carteret County Register of Deeds after Final
approval by Carteret County Planning Commission and
Carteret County Board of Commissioners.
.7 Table of Permitted and Special Uses appropriate to
other districts shall not apply to the Flexible PUD
district.
3206.1 Application for a Flexible Planned Unit Development.
Application for a project as a Flexible PUD shall be
submitted and reviewed in accordance with the Carteret County
Subdivision Regulations. Master Plan plats shall be reviewed
by the Technical Review Committee and submitted to the
Planning Department for review by the Planning Commission.
All plats must be submitted to the Planning Department no
later than two weeks prior to the Planning Commission
meeting. The Planning Director shall submit the plan and the
Technical Review Committee's recommendation to the Planning
Commission. The Planning Commission shall subsequently make
advisory recommendations to the Board of County
Commissioners, which, following a public hearing held
pursuant to proper notice, shall make the final decision as
to whether the application and plat will be approved or
disapproved.
The following shall be shown on the plat:
.1 Proposed primary traffic circulation pattern.
a) All 404 wetland areas on the tract.
b) Proposed means of compliance with Division of
Environmental Management Stormwater Regulations.
.2 Proposed parks, tennis courts, swimming pools, beaches,
golf course, boating docks, playgrounds, comimmity buildings,
common open space, etc;
.3 Proposed means of dedication of common open space areas
and facilities, and the organizational arrangements for the
ownership, maintenance, and preservation of common open
space, wetlands and stormwater management facilities;
.4 Delineation of the sections, units or phases to be
constructed in progression or sequence in a Master Plan
concept which will be the basis for approval subject to
accepted and approved changes by the Carteret County Planning
Commission and the Carteret County Board of Commissioners.
109 6/15/90

.5 When required by the Planning Department, Planning
Ccmmi.ssion, or the Board of County Commissioners, an
envirormiental impact statement will be submitted. The
specific issues necessitating the environmental impact
statement shall be described in writing to the applicant.
3207. Conditional Use Planned Unit Development Overlay.
3207.1 The Planned Unit Development district is established to
foster the blending of various land uses including, but not
limited to, residential, light ccnwe cial, office and
recreational structures, which would not otherwise be
possible under general district requirements. The purpose of
this district is to promote economical and efficient patterns
of land use which are sensitive to natural features and site
amenities and allow for the adulation of large areas of
open space with the flexibility in design not afforded in
other residential zoning districts. The Planned Unit
Development district is intended to provide flexibility
within the constraints of the County's Land Use Plan in
situations where the owners of the property present a
development plan which is found to be in the public interest
and which provides necessary urban services and improvements
required by this ordinance and the County's policies for
growth and development.
The Planned Unit Development may focus on resort
amenities, such as golf, tennis, swimming, boating, with
occasional club buildings and supporting cmmiercial
establishments for the PUD residents and their guests. All
structures must be similar in design and structure to allow
for a blending among land uses. The dedication of common
open space shall be utilized as a tool to create a resort
atmosphere as well as enhance the visual character of the
development.
The PUD district shall be allowed as an overlay to the
existing residential districts. Development densities shall
follow the prescribed minimum lot size for the underlying
district, unless 1) density credits are applied to
individual lots in sections of the PUD according to the
requirements of the Density Bonus Chart, or 2) the Planned
Unit Development qualifies for varying development densities
under the Flexible PUD provision.
The PUD district requires approval of a master plan, as
well as preliminary and final plats for each section or
phase. The approval process is outlined in section 3207.9 of
this ordinance. 0
110 6/15/90

0207.2 District Regulations.
a) Minim n District Size - The PUD tract must consist of a
contiguous land area of acceptable size as deemed appropriate
by the Planning Commission. It must be under single
ownership or presented as a petition signed by all owners.
b) Maximnn Building Height - The maximum building height for
residential, canTiercial, and office units is thirty-five (35)
feet. Group housing developments have a maximum height
restriction of fifty (50) feet.
c) Building Setback and Separation - Buildings located on
the periphery of the PUD tract must be set back a minimum of
thirty (30) feet from the PUD tract boundary line.
Structures taller than 35 feet shall be required to set back
30 feet plus an additional one (1) foot for each additional
two (2) feet in height. All structures shall be set back at
least ten (10) feet from all pedestrian and bicycle paths,
twenty-five (25) feet fr(an all public and private streets,
and forty (40) feet along all US and NC numbered highways and
major thoroughfares as defined. In no case shall any part of
a detached, single-family dwelling be closer than twenty (20)
feet to any part of any other detached, single-family
dwelling and in no case shall any part of a multiple -dwelling
unit be located closer than thirty (30) feet to any part of
another dwelling unit or non-residential buildings.
d) If the Planning Director deems the PUD use to be
inconsistent with adjoining land uses, a buffer according to
Section 1601 shall be installed in accordance with the
ordinance requirement.
e) Land Use Mixture - As per the Table of Permitted and
Special Uses, limited camye vial, office, recreational and
resort -associated structures are permitted in a PUD
development, however, they shall be of similar construction
concepts, designed to blend with one another in physical
appearance and in accordance with the conventional
requirements for business zoning districts. Commercial land
uses shall not constitute more than five (5) percent of the
gross acreage of the PUD tract.
f) Public Services - Public services, such as water and
sewer, shall be provided within the PUD. The size and
capacity of the systems shall exceed the projected
requirements by thirty (30) percent.
g) Definition of Net Acreage - The net acreage of a PUD
tract shall be defined as the acreage for the entire tract,
isminus ten (10) percent for necessary infrastructure.
Ccnmexcial land uses shall not be included within the tract
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net acreage.
3207.3 open Space Requirements. Open space shall be defined as an
area or facility designated on the PUD Master Plan as "ccmwn
area,, which will be held in ownership for the use and benefit
of residents of the dwelling units. Ccmwn open spaces may
contain structures and iirprovements desirable for religious,
educational, nonccmercial, recreational or cultural uses.
To qualify as common open space, land shall have a minimm
width of 20 feet that is unoccupied by street rights -of -way,
drives, parking areas or structures other than recreational
structures. In waterfront developments, required open space
may be utilized in conjunction with public water access
facilities prescribed by the Carteret County Subdivision
Regulations. Certain open space areas, such as golf courses
or tennis courts, may be provided as open space and held in
private ownership. If approved as open space for the PUD, a
use dedication shall be required for the open space area at
the time of recordation of the final plat.
a) Location of Open Space - Open space may be natural or
landscaped for the use of active or passive recreation and
should be located so as to be corrreniently accessible to all
residents of the development.
b) Conveyance and Maintenance of Open Space -.All coavion
open space designated on the Master Plan and recorded in the
Office of the Register of Deeds, must be conveyed by the
following method:
1. By leasing or conveying title (including beneficial
ownership) to a corporation, association or other legal
entity as indicated in Section 3207.7 (Homeowners
Association). Me terms of such lease or other instrument of
conveyance must include provisions suitable to the Planning
Commission for guarantees of:
.01 The continued use of such land for its intended purposes
through provisions in deeds to each parcel to be served
by the common area or facility;
.02 Responsibility for and continuance of proper maintenance
for the portions of the open space requiring
maintenance;
.03 Assuranoe that the open space shall be grade available in
its unproved state as set forth on the site development
plan in accordance with an approved time schedule.
.04 Financial arrangements shall be made to'ensure the
improvement and/or maintenance of said common space
facilities.
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6/15/90

.05 A legally binding use dedication shall be recorded at
the time of final approval for open space areas
dedicated to specific uses, such as golf courses, tennis
courts, playgrounds, etc.
c) Amount of Open Space Required - PUD developments shall
reserve no less than twenty-five (25) percent of the gross
tract acreage as open space. Said open space shall be
proportionally distributed throughout the total residential
area as nearly as possible.
d) Substitution of Amenities for Open Space - When deemed
appropriate by the Planning Commission, an amenity may be
approved as a substitute for the required open space in any
phase of the project. If an amenity is approved as all or
part of the required open space, performance guarantees may
be requested if said amenity is not completely constructed
upon presentation for Final approval.
3207.4 Maximum Density Standards. High density development shall be
encouraged where adequate public services are available and
where environmental impacts will be minimal. The allowable
densities within the PUD shall be consistent with this
Section of this ordinance, in addition to the policies and
land classification system in the Carteret County Land Use
Plan. Commercial land uses shall not be included in the
total tract acreage when computing land use density. The
following restrictions shall apply:
a) The residential density factor of the PUD shall be five
(5) dwelling units per net acre if the project is located
within the Urban Transition area. Densities within the
Limited Transition areas shall be no greater than 2.9 units
per net acre.
b) Residential units shall not be allowed at a density
greater than 2.5 units per net acre in areas classified
Community.
c) Residential
greater than 2.
Rural and Rural
be allowed at a
areas classified
includes Rural
units shall not be allowed at a density
1 units per net acre in areas classified as
with Services. Residential units shall not
density greater than 1 unit per gross acre in
as Conservation. In cases where a PUD
and Conservation areas, then densities may
exceed 2.1 units per net acre in the Rural area, provided
number of units per gross acre in the conservation area is
reduced by an equal amount.
the
d) If the PUD is located within the Transition area, the
residential density factor of the PUD may be increased by
using the Density Bonus Chart as shown below. An increase in
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•
density from 5 to 12 dwelling units per acre requires a total
score of 65 points or more. An increase in density from 12
to 20 units per acre requires a total score of 165 points or
more.
e) Density Bonus Chart:
Points shall be assigned to each PUD development that
meets the following criteria:
Points Criteria
10 Project is located immediately adjacent to a
thoroughfare.
15 If the PUD is located in a mariner that satisfies at
least two of the following criteria:
* Within one road mile of a neighborhood
convenience store offering basic grocery
and consumer items;
* Within two miles of a conmunity shopping center.
A community shopping center is defined as a site
with a common parking area, a grocery store and
at least two of the following types of retail
establishments: drug store, hardware store, dry
cleaners, variety retail, department store,
discount store or restaurant;
* Within three miles of a regional shopping center
consisting of over 100,000 square feet of retail
space for sales and storage.
25 PUD is located at least 1/2 mile inland of coastal
wetlands, estuarine waters, estuarine shorelines,
ORWs and public trust waters.
20 All structures are located beyond the 100-year flood
plain as designated on the County's official Flood
Insurance Rate Maps.
15 Bus or shuttle transportation is located within 1/4
mile of the project.
30 Project provides a solid waste transfer or
campaction station.
10 Project is located within three miles of a public
park and recreation facility.
30 At least 5 percent of the total number of dwelling
units in the PUD are designated and reserved on the
Master Plan for either handicapped persons or
households with incomes less than the gross median
inccm for Carteret County.
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•
3207.5
•
50 PUD provides public access and public waterfront
facilities are provided such as docks, piers and
boat ramps. In order to qualify for points, public
accesses must be provided at a rate of two per
quarter mile of shoreline.
20 Alternative energy systems supply at least 20
percent of the total non-renewable energy
consumption for space and hot water heating.
20 Project provides recreational facilities other than
tot lots and mini -parks. These recreational
facilities may include, but are not limited to,
tennis courts, golf courses, ball fields, basketball
courts and com =ity recreation buildings. Points
will be awarded at a rate of one point for each
$5,000.00 of investment (not including land or
design costs), up to a maxim m of 20 points.
Adequacy of design and improvements and cost
estimates will be evaluated by the County Parks and
Recreation Director.
Improvements Needed. The following minimum improvements and
public services shall be provided in accordance with all
standards set by the County or appropriate state or local
agency:
a) Adequate water supply and wastewater disposal facilities;
b) Fire hydrant and water supply systems that meet the
standards specified in Volume 2, Standard 24 of the National
Fire Protection Association Fire Code as amended, when
required;
c) Street lights, at the rate of one fixture per 500 linear
feet or less of public or private roadway;
d) Audible fire alarm systems connected directly to the
County's Commication Center for all structures other than
single-family and duplex residential when possible. When
applicable, fire alarm systems may be required to be
connected directly to the appropriate fire station.
e) Roads shall be constructed to the minimum paving
standards specified in Subdivision Roads Minimum Construction
Standards, July 1, 1985 (as amended).
f) Off-street parking shall be provided in accordance with
Section 2000 of this ordinance.
g) A 10 foot utility easement shall be retained at the front
of all single- and multi -family lots.
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6/15/90

3207.6 Other Requirements.
The developer shall provide written documentation from the
appropriate agencies to ensure that an adequate level of
services shall be provided to anticipate the impact of
build -out of the PUD. The documentation shall indicate that
the applicant has held a formal conference with the proper
authorities. The existing level of services delivered shall
be addressed, as well as the expected demand brought on by
the proposed development. Additional equipment, personnel or
other resources required to accommodate the impacts of the
development shall be addressed. The following agencies shall
be consulted when deemed appropriate:
Carteret County Sheriff's Department
Carteret County Fire Marshal
Carteret County Schools Superintendent
Carteret County Environmental Health Supervisor
North Carolina Department of Transportation
NC Department of Environment, Health and Natural
Resources (DEHNR)
Division of Environmental Management (if appropriate)
DEHNR Division of Health Services
Other agencies as deemed appropriate.
Multi -family dwelling and group housing projects shall meet
the requirements of the Carteret County Group Housing
Ordinance. If any ordinance regulations conflict, the
restrictions described in this ordinance shall apply.
Signs shall be limited to the requirements of Section 2100 of
this ordinance.
Off-street parking shall be provided for automobiles in
accordance with Section 2000. The gross area for required
parking spaces, aisles and turning areas may be redistributed
to group parking on commonly owned land and shall provide
special accommodations for recreational vehicles, including
boats, located away from the residential areas in common open
areas.
All abutting property owners shall be notified of the
proposed rezoning.
The procedures for establishing a Flexible PUD are described
in Section 3207 of this ordinance.
3207.7 Homeowners Associations. Homeowners associations shall be
required for all PUDs. The following requirements shall be
applied whenever a homeowners association is established for
residential developments:
•
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a) When a plat or map is to be recorded, the map or plat
shall contain a certificate indicating the book and page
number of the homeowners association covenants, conditions
and restrictions. When the covenants for a development are
recorded, the deed book and page number of the plat shall be
so indicated.
b) Responsibilities for maintenance of private streets, open
space, recreation facilities and other common areas shall be
specified.
c) Responsibilities for exterior maintenance of attached
dwelling units shall be specified.
3207.8 Required Master Land Use Plan. A Master Iand Use Plan and
documents required within this Section shall be submitted
with the rezoning petition. The Master Land Use Plan shall
consist of an overall development plan showing existing and
proposed development for the Planned Unit Development as a
whole.
Contents of the Master Land Use Plan shall include:
a) Scale of not less than one (1) inch to two hundred (200)
feet;
Is b)
North arrow tied down;
c)
Vicinity map;
d)
Owner's name and address;
e)
Name of development;
f)
Developer (if different from owner);
g)
Names of design team;
h)
Date of Plan;
i)
Boundary line of proposed PUD district;
j)
Topographic information at 2-foot contour
intervals;
k)
All water courses, flood zones, mean high water lines,
AEC areas, ORWs and 404 wetlands;
1)
Location of wooded areas;
m)
Recreation areas and facilities;
n)
Street layout and traffic circulation pattern;
o)
Pedestrian and bicycle circulation systems;
p)
CAM Land Use Plan land classification;
q)
Residential areas with projected density and planned
housing types;
r)
Total tract acreage;
s)
Commercial, industrial, and office and institutional
areas with proposed land use, estimated square footage
and acreages;
t)
All adjoining land uses and zoning districts;
u)
School sites and recreational areas to be dedicated for
public use, if applicable;
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v) Total acres occupied by street rights -of -way and parking
areas.
The Master land Use Plan shall be a=mpanied by the
following:
1) Names and addresses and parcel number of each
property owner within the proposed Planned Unit Development;
2) Community property owners association proposed
covenants;
3) Proposed means of compliance with Division of
Environmental Management Stormwater Regulations' low density
alternative, if applicable;
4) A utility plan showing existing and proposed utility
systems, including sanitary sewers, water, electric, gas,
telephone and television lines, fire hydrants, street
lighting and trash collection areas;
5) A development phasing schedule including the
sequence and approximate dates of each phase; and proposed
phasing of construction of public improvements, recreation
and common open space areas;
6) Proposed means of dedication of open space areas and
facilities and the organizational arrangements for the
ownership, maintenance and preservation of common open space,
wetland areas and stormwater management facilities;
7) A statement of planning objectives including:
a) An estimate of the total residential population
at build -out;
b) Identification of appropriate County land Use
Plan policies achieved by the proposed Planned
Unit Development;
8) An Environmental Impact Statement can be required by
the Planning Department, Planning Comission or County
Commissioners. The specific issues necessitating the EIS
shall be described in writing to the applicant.
9) An outline of the types of land uses anticipated
within the PUD development.
3207.9 Procedural Requirements for the Establishment of a
Conditional Use Planned Unit Development Overlay. A Planned
Unit Development shall be processed in four stages: sketch
review, Master Land Use Plan review, preliminary plat review
and final plat review. The sketch plan shall represent the
applicant's general impression of anticipated pattern of
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Sdevelopment planned for the Planned Unit Development. The
Master Plan shall specify the uses of land and layout of
landscaping, circulation and buildings. The preliminary plat
shall be submitted to insure that the proposed development
complies with all applicable federal, state, and local
regulations and the final plat shall be the document on which
building permits and other applicable County approvals are
issued. Each stage shall be processed in the following
order:
a) Sketch Review:
1) This includes a pre -application conference with the
Planning Director to discuss requirements, standards and
policies prior to the submission of a formal Planned Unit
Development rezoning petition.
2) A general outline of the proposed Planned Unit
Development (evidenced schematically by sketch plans or
drawings showing the proposed location of the PUD, land use,
major streets, site conditions, land characteristics,
available community facilities and utilities and other
applicable information) shall be submitted by the applicant
to the Technical Review Committee for comments.
3) After the Technical Review meeting, the applicant
shall notify the appropriate representatives of the various
state and county agencies (County Sheriff, Board of
Education, etc.) to obtain preliminary comments on the
proposed Planned Unit Development. These comments shall be
utilized by the applicant in preparing a formal rezoning
petition.
b) Master Land Use Plan Review:
1) Application for a Planned Unit Development shall be
filed with the County Planning Department at least two weeks
prior to the scheduled meeting date of the Planning
Commission. All appropriate application materials, including
a proposed Master Plan, shall be submitted to the Planning
Department. An application fee shall also be submitted.
2) The Planning Department shall review the Master Land
Use Plan and shall process the application as a rezoning
petition. The Master Plan will be scheduled before the
Planning Commission after receipt of all application
materials.
3) The Planning Commission, following receipt of the
Planning Department staff's recommendation, will review the
rezoning petition and Master Land Use Plan with respect to
its technical sufficiency and consistency with the County
119 6/15/90

•
Land Use Plan for policies on growth and development. The
Planning Commission shall make advisory rec=nendations to
the Board of County Commissioners.
4) The Board of County Commissioners, following receipt
of the Planning Commission's recommendation and following a
public hearing held pursuant to proper notice, shall make the
final decision as to whether the application and plat will be
approved or disapproved. Approval of the Master Land Use
Plan shall not constitute final plan approval; rather, it
shall be deemed an expression of approval of the rezoning
request and the overall design and densities as submitted on
the Master Land Use Plan. The Master Iand Use Plan shall be
recorded in the Carteret County Register of Deeds after
approval by the County Commissioners. It shall remain valid
unless a substantial change occurs within the Master Plan.
5) The Planning Department must have a current and
updated Master Plan on file for all PUD developments. Minor
changes in the revisions to the Master Land Use Plan may be
approved administratively by the County Planning Director,
without additional public hearings, provided such changes do
not result in:
i) a change in the density of the PUD;
ii) a change in the design of vehicular traffic
routes;
iii) a change in the open space dedication.
Any changes, other than minor changes, shall only be made by
the County Commissioners and must follow the same review and
public hearing process required for other Zoning ordinance
amendments.
c) Preliminary Plat:
1) Application for Preliminary plat approval shall be
made in accordance with the procedures described in the
Carteret County Subdivision Regulations, as amended.
2) The Preliminary plat shall consist of a phase or
section of the Master Land Use Plan as approved by the Board
of County Commissioners.
3) The Planning Commission shall review the plat to
ensure its compliance with Preliminary plat requirements as
set forth in the Subdivision Regulations. Upon Preliminary
plat approval, the applicant is authorized to commence
development of the PUD.
4) The Planning Department must have a current Master
Plan on file for all PUD developments. If any phase of the
PUD deviates from the Master Plan on record, the changes must
be approved by the Planning Commission prior to Preliminary
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Ah plat approval unless considered a minor change as defined in
Section 3207.9, b, 5.
5) Final plat approval must be granted with a twelve
(12) month period after Preliminary approval, otherwise
Preliminary approval shall be null and void.
d) Final Plat:
i
1) Application for Final plat approval shall be made in
accordance with the Carteret County Subdivision Regulations,
as amended.
2) The Final plat shall be in accordance with the
Master Land Use Plan as approved by the Carteret County Board
of Commissioners. No building permits shall be issued for
development within the PUD (except for planned amenities)
until the Final plat has been approved, signed by the
Planning Director and recorded in the Carteret County
Register of Deeds.
3) Failure to record the Final plat within six (6)
months after approval by the Planning Commission shall make
the approval null and void. The application for Final
approval must be resubmitted if the Final plat is not
recorded within the six (6) month time period.
4) The Planning Department must have a current Master
Plan on file for all PUD developments. If any phase of the
PUD deviates from the Master Plan on record, the changes must
be approved by the Planning Commission prior to Preliminary
plat approval unless considered a minor change as defined in
Section 3207.9, b, 5.
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3300. SPECIAL USE PERMITS.
3301. Purpose.
This ordinance provides for certain uses to be located by
right in certain districts where the uses are compatible
with the purpose of the district and with other uses to be
located in certain districts only by complying with
additional development standards to insure that same
compatibility. However, certain uses which are basically
in keeping with the intent and purposes of the district may
have substantial impacts on the surrounding area and should
only be allowed after a review of the specific proposal. In
order to insure that these uses would be compatible with
surrounding development and be in keeping with the purposes
of the district in which they are proposed to be placed,
they are not allowed to be established as a matter of
right. They may be established only after a review and
approval of a special use permit as required by this
Section.
3302. Structure.
Uses which require special use permits vary greatly in
their size, characteristics, impact on surrounding
properties, impact on public facilities, and relationship
to the overall health, safety and welfare of the community.
Because of this variation, this section establishes two
classes of special use permit uses which group uses
together based on their relative size, characteristics and
community impact. The two classes will be known as MAJOR
and MINOR.
3302.1 MAJOR SPECIAL USE PERMIT uses are those uses which, by
virtue of the size, impact or relationship to the overall
health, safety and general welfare of the community, will
be reviewed and approved by the Board of County
Comnissioners after a public hearing and recommendation
from the Carteret County Planning Commission. Unless
otherwise stated, all special use permit applications will
be deemed to be MINOR special use permit applications.
3302.2 MINOR SPECIAL USE PERMIT uses are those uses which, by
virtue of their more limited size, impact or relationship
to the overall health, safety and general welfare of the
community, will be reviewed and approved by the Zoning
Board of Adjustment.
3303. Application.
A request for a MAJOR or MINOR special use permit will be
considered only if requested by the owner of the property
in question or an authorized agent of the property owner.
Applications for all special use permits or amendments to
any approved special use permit must be filed in the office
of the Planning Department on the forms provided by the is
122 6/15/90

Planning Staff. All applications must be accompanied by
the proper fee to defray administrative and advertising
expenses. The fee for all special use permits is two
hundred dollars($ 200.00).
All applications for a special use permit must be
accompanied by a site plan drawn to scale which includes at
least the following information:
.1 A boundary survey showing the total acreage, zoning
classification(s), date and north arrow;
.2 An identification of abutting properties as per tax
records, the name and address of the owners and
property lines abutting the subject parcel;
.3 All existing easements, reservations and rights -of -way
and all yards required for the zoning district
requested;
.4 Proposed location of all structures, their approximate
square area and general exterior dimensions;
.5 Proposed use of all land and structures;
.6 Traffic, parking and circulation plan, showing proposed
location and arrangement of parking spaces and ingress
and egress to adjacent streets;
.7 Proposed screening, including walls, fences or planting
areas as well as treatment of any existing natural
features;
The Planning Director will review each application for
compliance with all applicable administrative requirements.
If the application is complete, then within 35 days the
Planning Director will take the special use permit to the
Planning Commission for their recommendation if it is a
MAJOR special use permit or to the Zoning Board of
Adjustment if it is a MINOR special use permit. Public
hearings will be conducted in accordance with Section 3305.
3304. Additional Application Requirements.
When processing a special use permit application, it may be
desirable to request additional information in order to
evaluate a proposed use and its relationship to the
surrounding area. Therefore, the Zoning Board of
Adjustment, Planning Commission and/or the Board of County
Commissioners may require additional information. This may
• include, but is not limited to, the following information:
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P-j
.1 Delineation of areas within the regulatory flood zones
as shown on the Carteret County FEMA maps;
.2 Topography at 4-foot contour intervals or less
(existing and proposed);
.3 Proposed location of buildings, their general exterior
dimensions and number of floors;
.4 Proposed signs and their locations;
.5 Proposed phasing, if any, and approximate completion
time of the project.
3305. Public Notice.
3305.1 No MAJOR or MINOR special use permit may be issued until
after a public hearing has been held on the request. A
notice of the hearing will be placed in a local Carteret
County newspaper once a week for two successive calendar
weeks. The notice will appear for the first time no more
than 25 days and no less than 15 days prior to the hearing
date.
3305.2 The total amount of time allowed for the supporters or the
opponents of a petition to present arguments at the hearing
shall be determined at the time of public hearing. At the
hearing, the presiding officer of the hearing will decide
whether to grant all or part of the request for additional
time.
3305.3 In cases involving a controversial rezoning matter and a
large number of persons wish to speak at the public hearing
in favor of or against a request, the Planning Department
reserves the right to require those persons to sign up in
advance of the public hearing in order to facilitate and
organize the speakers. Persons who do not register to
speak in advance shall be allowed that right at the public
hearing. If such a requirement for pre -registration is
necessary, the advertised public hearing notice shall
clearly indicate this requirement.
3306. Hearing Procedure.
3306.1 Major special use permit hearings will be conducted in
accordance with Robert's Rules of Order.
3306.2 Minor special use permit hearings will be conducted in
accordance with the "Rules of Procedure" adopted by the
Zoning Board of Adjustment. These rules are on record in
the office of the Planning Department. Petitions for MINOR
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special use permits will not be referred to the Planning
Commission unless called for in these regulations.
3306.3 The applicant has the burden of producing competent
material and substantial evidence, tending to establish the
existence of the facts and conditions which the appropriate
section of this ordinance requires for the issuance of the
special use permit.
In considering an application for a special use permit, the
Board of County Commissioners or Zoning Board of Adjustment
will consider, evaluate and may attach reasonable and
appropriate conditions to the location, nature and extent
of the proposed use and its relation to surrounding
property. Any such conditions may relate to parking areas
and driveways, pedestrian and vehicular circulation
systems, screening and buffer areas, the timing of
development and other matters the Board of County
Commissioners or Zoning Board of Adjustment may find
appropriate or that the applicant may propose.
3307. Effect of Approval.
An approved application for a special use permit and all
conditions which may be attached to the approval are
binding on the property. All subsequent development and
use of the property must be in conformance with the special
use permit and all plans, specifications and conditions
unless terminated by procedures established below. It is
unlawful to develop or use real property in violation of
any approved special use permit, all additional conditions,
or the resolution authorizing a special use of the
property. The special use permit shall become effective
after being duly recorded in the Carteret County Register
of Deeds.
3308. Re -application for a Special Use Permit.
If an application for a special use permit is denied by the
Board of County Commissioners or the Zoning Board of
Adjustment, a re -application for that special use on that
property may not be instituted, unless, however, upon
request of the property owner, the Board of County
Commissioners or Zoning Board of Adjustment determine that
there have been sufficient changes in conditions or
circumstances bearing on the property to warrant a
re -application.
In the case of a MAJOR special use permit, such a request
must be submitted to the Planning Director with evidence to
support the allegation that sufficient changes have
occurred. The Planning Director will submit the request to
125 6/15/90

the Planning Commission who, in turn, will review the
request and transmit its findings and recamnendations to
the Board of Commissioners.
In the case of a MINOR special use permit the applicant
must submit the request to the Planning Director with
evidence to support the allegation that sufficient changes
have occurred. The Planning Director will review the
request and transmit his findings and recommendations to
the Zoning Board of Adjustment for a final determination.
3309. Modification of an Approved Special Use Permit.
3309.01 The owner of property which is subject to an approved
special use permit may petition for a modification of the
special use permit by following the same procedure as if
applying for the special use permit as provided in Section
3303. Applications for a modification must include a new
site plan which identifies the proposed changes. Evidence
presented at the hearing on the proposed modification will
be limited to the effect of the proposal on the original
special use permit, any plans or conditions which were a
part of the original special use permit, and the standards
and requirements of the ordinance under which the original
special use permit was approved. The hearing will be
conducted in accordance with the appropriate Rules of
Procedure to the extent that those rules apply.
3309.2 All proposed modifications to an approved special use
permit must be considered in accordance with the
requirements listed above. However, in certain
circumstances modifications of an approved special use
permit may be allowed by the Planning Director. Changes of
detail which do not affect the basic relationships of the
special use to the standards and requirements of the
ordinance under which the special use permit was approved,
affect the conditions attached to the approval of the
special use permit, or require a variance of the standards
of the underlying zoning district may be authorized by the
Planning Director.
3310. Revocation or Termination.
3310.1 Revocation of a special use permit is required when a court
has determined that a particular special use permit has
been violated. After receipt of the final judgement and
after the party responsible for the violation has had
reasonable opportunity to correct the violation but has
not, the Board of County Commissioners or Zoning Board of
Adjustment, when appropriate, will revoke the special use
permit.
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Subsequent to the revocation of a special use permit, the
special use for which the special use permit was granted
must cease and the future use of the property must be in
conformance with the standards of this ordinance for the
district where the property is located. Any use or
development of the property coimnenced pursuant to the
special use permit must conform or be brought into
conformance with the standards of the district where the
property is located.
3310.2 Termination of a special use permit may be requested by the
property owner or an authorized agent of the property
owner. All applications for termination of a special use
permit will be considered as a MINOR special use permit
request and are subject to the provisions of this Section.
3311. Conformance of ExistiM Special Uses.
Uses listed in the various district regulations as special
uses which were already in existence prior to being
classified as special uses will be considered as conforming
uses. However, any expansion of such a use must receive
special use permit approval under these provisions as if
the expanded use for the entire site were being newly
established.
&3312. Recognition of Previously Approved Special Use Permits.
Special use permits which have been previously granted will
be recognized for a building permit and other
administrative purposes for six months after the effective
date of this Section. If, after six months, a building
permit has not been obtained or comTencement of the project
has not taken place, the special use permit will be
considered null and void. A new application and approval
will be required to complete the proposed development.
3313. Variances.
The Board of Adjustment has no authority to grant a
variance on any condition imposed by a special use permit
approved by the Board of Adjustment or the Board of County
Commissioners. An applicant for a special use permit must
obtain a variance prior to consideration of the special use
permit request if a variance is needed. An approved
variance may be considered by the Zoning Board of
Adjustment or the Board of County Commissioners in the
decision on a special use permit. In no case shall a
variance request neccessary as a precondition to a special
use permit be heard during the same meeting as the hearing
0 upon request for a special use permit.
127 6/15/90

3314. Appea ls. 0
Any appeal from the action of the Board of County
Commissioners pertaining to the decision on a MAJOR special
use permit request must be taken to the Superior Court in
the same manner as an appeal of the decision on a MINOR
special use permit of the Zoning Board of Adjustment in
accordance with Section 1408.
3315. Reserved.
3316. Approval Procedures for Group Housing Projects Requiring a
a Special Use Permit.
.1 A preliminary plan containing the following information
shall be submitted to the Technical Review Board for
review and recamTendation:
a) Name of development;
b) Name of owner and/or developer;
c) Name of land planner, architect, engineer,surveyor;
d) Scale of map not greater than one inch = 100 feet;
e) Date of plan;
f) Vicinity map;
g) Dimensions and bearings of exterior property lines
and total acreage;
h) Land contours or topographic survey;
i) Access roads and roads within project;
j) Water drainage plans;
k) Location and dimensions of proposed and existing
buildings;
1) Recreation and open space;
m) Method of surfacing roads and parking areas;
n) Electrical system for project area;
o) Water source and distribution system;
p) Sewage disposal system;
q) Environmentally sensitive areas on site;
r) Adjoining property owners;
s) Graphic scale with north arrow;
t) Type of group housing units;
u) Number of one, two, three and four bedroom units;
v) Maximum project area covered by group housing
Project;
w) Parking area and number of parking spaces;
x) Flood zone data;
y) Any drafts of necessary documents (Homeowner's
Association documents, etc.).
.2 The Technical Review Board's recommendations and the
Preliminary plat shall then be submitted to the
Planning Commission for its review and recomTendation.
128 6/15/90

.3 Upon receiving the Planning Commission's
recomwndations, the developer shall apply for a
special use permit from the Zoning Board of Adjustment.
.4 If the special use permit is granted, the applicant
may apply for a building permit to construct the group
housing project. The building permit may be issued for
a phase of the project or the entire project.
.5 After all specifications of the Preliminary plan have
been satisfactorily completed, the Final plat must be
submitted to the Planning Commission for final
approval. No Certificates of Occupancy shall be issued
until the project receives final approval from the
Planning Commission.
3317. Requirements for Mobile Home Parks and Travel Trailer Parks
as a Special Use.
3317.1 All proposed mobile home parks and travel trailer parks
shall be required to meet the standards of the "Carteret
County Mobile Home, Mobile Home Park and Travel Trailer
(Camper) Park Ordinance".
3317.2 Approval Procedure for Mobile Home Parks and Travel Trailer
Parks:
a) A preliminary plan shall be submitted to the Technical
Review Board for review and recommendation.
•
b) The Technical Review Board's recommendations and the
Preliminary plat shall then be submitted to the Zoning
Board of Adjustment for a special use permit.
c) Upon receiving the special use permit from the Zoning
Board of Adjustment, the developer shall submit the plat to
the Planning Commission for preliminary approval.
d) Once the special use permit is granted and the Planning
Commission grants preliminary approval, the applicant may
then apply for a building permit to construct the park.
The building permit may be issued for a phase of the
project or the entire project.
e) After all specifications of the preliminary plan have
been satisfactorily completed, the Final plat must be
submitted to the Planning Commission for final approval.
No Certificates of Occupancy shall be issued until the
project receives final approval from the Planning
Commission.
129 6/15/90

3318. Requirements for Marinas as a Special Use.
3318.1 In the event the Board of Adjustment approves a commercial
marina as a special use, the conditions, restrictions, area
requirements and design standards in Section 3117 shall be
adhered to in addition to any other applicable sections of
the ordinance.
3318.2 Marinas as Accessory Uses in Residential Developments.
3318.3
Marinas, as an accessory use to a residential development
and approved as part of the development area are permitted
in all residential districts subject to the following
limitations.
.01 Boat slips, piers and bulkheads are permitted,
however, no commercial activities shall be permitted.
Marinas may include any pump out facilities required
by water quality or other state or federal
regulations.
.02 A club house or similar facility which could normally
be included in a residential development may be
included with the marina facilities.
.03 Residential developments in which marinas are allowed
as accessory uses must receive preliminary approval
from the Planning Commission and, when appropriate,
the County Commissioners prior to issuance of any
county permits for the construction of the marina.
.04 Drystacks shall not be permitted in residential
development marinas.
.05 Signs calling attention to the marina other than those
for vehicular directional purposes located within the
development are not permitted.
.06 The number of slips may not exceed 110% of the number
of units in the residential development. Each slip
over and above the number of units in the residential
development must be provided with tow parking spaces
in a specifically designed area.
Approval Procedure for Marinas.
.1 A preliminary plan containing the following information
shall be submitted to the Technical Review Board for review
and recommendation, along with any other documentation
requested by Carteret County:
•
•
130 6/15/90

a)
Name of marina;
b)
Name of owner/developer;
c)
Name of land planner, architect, engineer, surveyor;
d)
Date of plan;
e)
vicinity map;
f)
Location and size of any marinas within 1000 feet of
the proposed project;
g)
Dimensions and bearings of exterior property lines
and total acreage;
h)
land contours or topographic survey;
i)
Access roads and roads within the project;
j)
Water drainage plans;
k)
location and dimensions of proposed and existing
buildings;
1)
Method of surfacing roads and parking areas;
m)
Electrical system for project area;
n)
Water source and distribution system;
o)
Sewage disposal system;
p)
Environmentally sensitive areas on site;
q)
Adjoining Property owners;
r)
Adjoining property uses;
s)
Graphic scale with north arrow;
t)
Maximum project area coverage;
u)
Parking area and number of parking spaces;
v)
Flood zone data;
w)
Any other documentation required by Carteret County.
.2 The Technical Review Board's recommendations and the
preliminary site plan shall then be submitted to the
Planning Conmission for its review and recommendation.
.3 Upon receiving the Planning Commission's
recommendations, the developer shall apply for a special
use permit from the Zoning Board of Adjustment prior to
issuance of the Coastal Area Management Act permit.
3319. Requirements for Drystack as a Special Use.
3319.1 In the event the Board of Adjustment approves a drystack as
a special use, the conditions, restrictions, area
requirements and design standards in Section 3118 shall be
adhered to in addition to any other applicable sections of
the ordinance. In no case shall a special use permit be
issued for a drystack on a parcel zoned IW which is not
adjacent to surface waters.
3319.2 Approval Procedure for Drystacks.
.1 A preliminary plan containing the following information
shall be submitted to the Technical Review Board for review
and recomTendation.
131 6/15/90

a) Name of frystack;
b) Name of owner/feveloper;
c) Name of land planner, architect, engineer, surveyor;
d) Date of plan;
e) Vicinity map;
f) Location and size of any marinas and/or drystacks
within 1000 feet of the proposed project;
g) Dimensions and bearings of exterior property lines
and total acreage;
h) Land contours or topographic survey;
i) Access roads and roads within the project;
j) Water drainage plans;
k) Location and dimensions of proposed and existing
buildings;
1) Method of surfacing roads and parking areas;
m) Electrical system for project area;
n) Water source and distribution system;
o) Sewage disposal system;
p) Environmentally sensitive areas on site;
q) Adjoining Property owners;
r) Adjoining property uses;
s) Graphic scale with north arrow;
t) Maximum project area coverage;
u) Parking area and number of parking spaces;
v) Flood zone data;
w) Any other documentation requested by Carteret
County.
.2 The Technical Review Board's recommendations and the
preliminary site plan shall then be submitted to the
Planning Commission for its review and recommendation.
.3 Upon receiving the Planning Commission's
recommmendations, the developer shall apply for a special
use permit from the Zoning Board of Adjustment, prior to
issuance of the Coastal Area Management Act permit.
3320. Requirements for Home Occupations as a Special Use.
Home occupations may be established in a dwelling in any
residential district. It must be clearly incidental to the
residential use of the dwelling and must not change the
essential residential character of the dwelling.
.1 Use of the dwelling for this purpose must be limited to
25% of the heated/cooled area of the principal dwelling.
.2 No accessory buildings or outside storage may be used
in connection with the home occupation unless such home
occupation is considered a traditional home occupation.
•
•
•
132
6/15/90

.3 No chemical, mechanical or electrical equipment that is
not normally a part of domestic or household equipment may
be used for commercial purposes, with the exception of
medical, dental and beautician equipment used for
professional purposes.
.4 Machinery that causes noises or other interference in
radio or television reception is prohibited.
.5 No internal or external alterations inconsistent with
the residential use of the building will be permitted.
.6 Residents of the dwelling and up to two non-residents
may be engaged in the home occupation.
.7 No display of products may be visible from the street
and only articles made on the premises may be sold
on -premises.
.8 Instruction in music, dancing and similar subjects must
be limited to six students at a time.
.9 Vehicles used primarily as passenger vehicles only will
be permitted in connection with the conduct of the
customary home occupation.
.10 A home occupation Zoning Permit will be required.
.11 A building permit must be issued within six months of
date of issuance of the special use permit or the special
use permit will be considered null and void.
.12 Home occupations shall be permitted to have one (1)
on premise sign not exceeding four (4) feet in height and
not exceeding six (6) square feet in sign area.
3321. Special Uses in the Port Industrial District (P-I).
The Port Industrial District (P-I) is established as a
district to provide and protect areas for port -related
industrial purposes and uses which are dependent to some
degree on nearby water or need access to nearby harbors or
bodies of water. Due to the uniqueness of this District,
all special uses shall be required to obtain a MAJOR
special use permit.
3321.1 Prior to granting a MAJOR special use permit in the P-I
District, the Board of County Commissioners must make the
following findings:
.1 That the special use will not materially endanger the
public health, public safety, adjacent water and air
133 6/15/90

resources or environment if located where ro p Posed and
developed according to the plan as submitted and approved;
.2 That the special use meets all the requirements,
conditions and specifications of this ordinance;
.3 That the use will not substantially injure the value of
adjoining or abutting property, or that the use is a public
necessity;
.4 That the location and character of the use, if
developed according to the plan as submitted and approved,
will be in harmony with the area in which it is to be
located and in general conformity with the plan of
development;
.5 That either adequate water, sewer and safety equipment
and facilities are either present or are proposed and will
be constructed to adequately provide for and protect the
adjoining areas;
.6 That adequate public or private transportation means
and facilities are present at or near the site or are
proposed and will be carried out by or on behalf of the
applicant to serve the site and the activities and uses on
the site so as not to endanger the safety or unduly disrupt
the normal activities of nearby property owners or the
citizens of nearby cammnities through which the
transportation system must pass;
.7 That the proposed use would not have a substantial
adverse environmental impact on water and air resources.
3321.2 The following time limits shall be attached to the MAJOR
special use permit in addition to any conditions the Board
of County Coim-issioners deem necessary:
All work shall be completed within a specified time not
more than five (5) years from the said approval date.
Unless all work pursuant to the permit is completed within
the specified time period, the permit shall become void and
of no effect; provided, however, that the permit may be
renewed for periods of one (1) year as deemed reasonable
and appropriate by the Carteret County Board of
Commissioners.
3321.3 Application Requirements. The applicant for a MAJOR
special use permit within the P-I District shall provide
the following documentation at the time of application:
.1 Ten (10) copies of the final site plan shall accompany
every application and shall show or contain the following
information:
134 6/15/90

a) A location map with the scale not less than one (1)
inch equals 1,000 feet showing the location of the
proposed site in relation to the surrounding area
within a one (1) mile radius;
b) Names and addresses of the owners of the property,
the developer, if applicable, and the operator or
leasee of the site, if applicable, and the
registered surveyor, engineer or architect who
designed the site plan and facilities;
c) Date, scale and approximate north arrow;
d) The boundary line of the tract with accurate linear
and angular dimensions drawn to scale and the area
of the site in square feet or acres;
e) Location of all structures, buildings and
improvements to be carried out on the site;
f) Proposed and existing contours with a vertical
interval of five (5) feet or less and the elevation
of existing streets, roads, drives, walks, railroad
tracks, curves, catch basins, etc.;
g) Name, location and dimensions of all existing or
proposed roads to serve the site, and the location
and dimensions of all alleys, driveways, entrances,
exits and walkways;
h) The name, location and dimensions of all railroad
rights -of --way and other public transportation
facilities to serve the site;
i) General landscape plan showing the location, name
and size of all plant materials to be used on the
project, and plans of landscape features such as
screens, fences, etc.;
j) Plans of proposed utility layouts (sewer lines,
septic tanks, septic tank drainfields, and water
lines) showing connections to existing or proposed
utility systems;
k) A detailed plan for all gas and electrical
installations and equipment prepared to meet the
National Fire and Electrical Codes and all other
codes or ordinances governing the type and manner of
such equipment and installations;
1) The location and dimensions of all docks, wharves or
0 other storage areas within the site;
135 6/15/90

•
.2 A complete and comprehensive narrative detailing the
plans of the applicant and all proposed uses and purposes
of the site and facilities located thereon;
.3 The name and location of other sites and facilities
similar in purpose and nature to the site and facility
being proposed by the applicant or others either within the
State of North Carolina or in the United States;
.4 When deemed necessary by either the Carteret County
Planning Commission or the Carteret County Board of County
Connnissioners, certification by a registered engineer or
similar professional experienced in his field may be
required to insure the prevention of explosive hazards and
pollution of adjoining waters or lands as a result of
chemical, petroleum or other products to be placed on the
site.
.5 Complete and detailed plans and documentation from
either a county or state agency having regulatory authority
over the applicant concerning the availability of an
adequate supply of water on the premises, and providing
information regarding the excess capacity of water
distribution facilities on or near the property, the plans
for increasing capacity, or a report prepared by a
registered professional engineer providing data on the
excess capacity of an underground aquifer;
.6 A statement describing the type of private or public
sewage disposal facilities that the applicant proposes to
use on the property, and a letter from the appropriate
county or state agency indicating that the type of system
proposed has been approved previously by the reviewing
agency;
.7 Documentation from the North Carolina Department of
Transportation stating that a conference has been held with
the applicant and providing information regarding the
capacity of roads serving the property, including access
roads and nearby thoroughfares, the plans for increasing
capacity on existing roads, plans for new roads in the
area, and stating that the road system of the applicant as
proposed will adequately provide the transportation needs
of the applicant and the County;
.8 Detailed plans regarding the applicant's needs for fire
protection and any and all equipment or improvements the
applicant proposes to construct on the site for fire
protection and fire prevention;
.9 Documentation from either the County Fire Marshal's
office or the North Carolina Department of Insurance, as
136 6/15/90

appropriate, outlining the fire protection and fire
prevention needs of the applicant and its activities and
listing any additional equipment or improvements that will
be required to be furnished either by the applicant or by
public fire departments serving the area;
.10 A written and detailed statement from the applicant
indicating how he proposes to overcome deficiencies in
existing public facilities serving the site, if such exist,
and haw the proposed development of the additional public
facilities needed will be phased in;
.11 A written and detailed statement from the applicant
outlining the transportation needs of the applicant for the
delivery of inventory, cargo, supplies or equipment to the
site, and the shipment of cargo, inventory, products or
materials from the site to its intended destination. The
statement shall also include the frequency of deliveries or
shipments to and from the site and the routes, methods and
means of such shipments to and from the sites of all
inventories, products and materials going to and from the
site.
.12 If deemed necessary by either the Carteret County
Planning Commission or the Carteret County Board of County
Commissioners, certification from a registered professional
engineer or other professional consultant to the effect
that the transportation facilities serving or to serve the
site are adequate and safe and will not unduly interrupt or
interfere with the normal daily activities of nearby
property owners and businesses and the citizens and
residents of nearby communities through which the
transportation system proposed to serve the site passes;
.13 If the transportation facilities proposed to serve the
site are inadequate, a detailed and concrete proposal of
the applicant as to how and when the transportation
facilities will be upgraded and improved so that the same
area adequate for the site, nearby property owners, and
nearby communities through which the transportation
facilities pass;
.14 A detailed list of all local, state and federal
permits needed by the applicant in order to construct and
operate the facility, and a status report on the permit
process being undertaken by the applicant for each needed
permit;
.15 With regard to all local, state and federal permits
needed by the applicant, documentation from each agency
indicating that all required permits have been applied for;
137 6/15/90

0
.16 If deemed necessary by either the Carteret County
Planning Commission or the Carteret County Board of County
Commissioners, a detailed analysis of all possible adverse
environmental impacts on nearby water and air resources
which could result from the activities proposed for the
site, and all proposals of the applicant to minimize
possible adverse environmental impacts;
.17 A detailed statement of the economic impact the
proposed use would have in Carteret County and the
adjoining areas;
.18 Any other documentation, studies or data deemed
necessary by either the Carteret County Planning Commission
or the Carteret County Board of County Commissioners in
order to adequately consider and act upon the special use
permit application.
•
138 6/15/90

3400. TABLE OF PERMITTED AND SPECIAL USES
;AGRICULTURAL USES ----- _----- —
---------
RA R35�R20 A15 R15�1 R10lCC OP B1 B2 B3 t1C LIW PI
_ gEicultural Uses/Bona Fide Farm{P_ PPPPPP_iP_ PP_jP_P_ P__+P_
nimal.Hospital/Veterinary I II I
linic------------------------- -- -- -- S
--- --- ---- --- --l-- P- - -- --- --
Agtu3cu1tural Uses P,P _ P_ P_ P P_ P P P P P LIP _ P
Fruit or Vegetable Stand on Same I
Parcel as Produced P_ P _ S__ S__ S___ ___ __ __ P_ P_
Chicken -Hatchery -------------- S-� -- --- --- ---- --- -- -- -- -- -- -- --- --
Kennels S S S S S P S P
Nining_3nd �uarrving------------ -- ------�--- ---- --- -- -- -- -- -- -- --- P-
Stables, Public----------------- S_ S-- _-- S-- __-- _-- _ _ S_ -- -- -- _-- --
Stables. Private _ P IS S S S
Swine Production S
Yholesale Nurseries/Greenhouses ___ ___ ____ ___ __�__ P_
•
•
' IW
p_
P_
139 6/15/90'

GENERAL RETAIL U5ES-------------
--- — -------------------------- _ RA R35 R20 R15 R15M RIO CC I
ABC Store --------------------- - --- --- --- ---- --- -- -
Appliances_(Retail/Maintenance)
Auction Sales
Automobile/Boat Washing
Establishment
Automotive Uealers and Truck
Sales
Barber Shoo/Reauty_Shopt Etc---- - --- --- ---I__-- _-- --
Boat Sales Seryice_and Repair__ __ ___ ___ ___ ____ ___ __ •
Building Materials/Garden
Supplies----------------------- -- --- --- --- ---- --- --
Contractors Offices I
Contractor's Plants/
i' Storage Yards
Convenience Store . --------------
�.Dry Cleaning/Laundry
Establishment
farm Imolement Sales_andService __ ___ ___ _
General Merchandise Store
Industrial Sales/Repair-of
Eagip:lent----------------------- -- --- --- --- ---- --
Marine Eggipment_Store_
Miscellaneous Retail________
Mobile Home/Modular Home Dealer
Motorcycle_ Sales _and _Repair
Motor Vehicle Repair Garage_____ __I___ ___ ___ ____ ___ _
Motor Vehicle Service Station
Restaurants Driv_e_In____________
Restaurant, Not Drive -In _
Sale of Alcoholic Beverages
in Retail Establishments
I
iP B1 B2 B3 MC LIW P1 1W�
- P- -- P -- --- -- --
P _
- P-I-- S -- --- -- --
P S
-P ----
- P- P- -- -- --- --`--
P P _
P P_P_P
S-1 _
- -- -- -- P_- P- P
- -- -- -- -
P IS
P P-L P P
P
1
P P P_1
P P P I {
P- -- P- -- --- -- --1
-- - -- - -- --4
P
P_
-
P -- --I-- P=- -- P
P P
P P jj II
P P S P- I--- -- - 1
P_IP IP
•
•
140 6/15/90

--------------------------------
RA
Adult Establishments____________
_
Armories for meeting and
AINilitary_trainir3______________
Assembly_Hall __________________
Automobile_ Parking/L_'eck ________
__
Banks and Financial Institutions
Billiard/Pool Hall
Camp,_Seasonal
P
Dock. or Pier, Private____
P
Boat Launching Ramp__________
P
CairpgrounS---------------------
--
Ceeet.-L------------ ----------
P-
Chirch-------------------------
P.
Circus Carnival Fair and Side
snow of no more than 30 days____
_
CLub ar Lgd3e-------------------
P-
Civic Center
Colleges and Related Facilities
Convalescent Home_______________
_
CLgb anSkelated Uses___
P_
Oountry
y Care Center
S
Family_Day_Care_Center
S_
Entertainment Facilities
(A3rs,_Discos.Cabarets.Etc _)
Exterminating_Services
Fairground-------------
--
Fa�i,ly_Care Nome________________
P
Fishing_Camps _________
Fishing_Pier____________________
_
Fishin; Ranch
Floating_Structure___
Funeral Home, Mortuary,
Crematorium
S
fiolf Course
--------------
P
R35 R20 R151R15M R10
P S S
P P_ P
P P P
P- , P P
S — S-
P P_
tS S
�P-- P--
S,
L.
P
S,
S_
S_
S_.
P
S
P-
S
P
P
S
A2I
B3 MCILIW
P P
P
P
-- P ---
i
P(P
P
P IS
S_
P
S
PI IN
P P_
P P
Cd
MMIN
141
6/15/90

%golf Course: Miniature
Calf or_Baseball Driyin3_Ran3es_
._.�jov_ernment Offices
42spital., 4ealtb,, S2Ditarium_Care
Laboratory: Medical, Dental
Optical_------------------------
Laboratory.Research ____________
Libraries „Museums. Art Galleries
Mail Order House
Marine Research Facility_______ •
Mausoleum---------------
Motel,_Hotel�Motor Court_______
Offices
Outdoor Shooting Range
Non-Profit_Recreational Facility.
Public or Private -School
Recreational Facilitv=_For_Profit
Residential Hotel
Skaiing_Rint--------- I
SwimminsPool,_Priv_ate
SwirnEning_Pool,_Public/Commercial
Tennis Courts.Priv_ate ---------
Tennis Courts iPublic/Commercial
Theatre.,. jn�gor ________________1
Theatres Outdoor __
Vendinq_Machines located Outdoors
Yacht_arniRoating_Club- -__I
Id US S cont.
RA R35 R2O Rl:
P P_ P_ P_-
S S S
F-mE=IFS
R15M RIO
P P
P--- P-
P__ p
P P_
S_ S_
P-- P--
S==_ S==
•
142
6/15/90

MANUFACTURING USES
--------------------------------
Alcohol Manufacturing and
Related Products
RA
Assembly of Prepared Parts into
Finished Products
Automobile Manufacturing________ _
Bakery_Plants __________________--
Poat Building___________________ __�
Bottling_Plants----------------- --
Breweries Cabinet and Woodworking_ShoQs _�
Cannery------------------------- --
Chemical/Mineral Manufacturing,
RefininClothin3 Manufacturinn� � -I
9___ _...._..._.. _--q----------
Cooperage Vorks and
Crafting_Serv_ices _______I_ +
Iiairy_Products _Pro cessing Plants.)__
Electrical_Reoair ShoL_________�__-
Electronic Machines, Equipment
Vand SuQplies-------------------- --�
abricating Shops
(Wood,_ Metal. _Uoholstery,._etc.)
Fiberglass Manufacturing________ _
Fish Processing_________________ _
Food Processing/Manufacturing
in Wholesale 9uantities
Foundries--------------------=- ( -
......£yLgiture_Manufacturinq Plants__
yanicraftinq of Small Articles__
..-Leather and Leather_ Products___ _
LujnUer_and Wood Products________
Machinery_except for_Electrical_
__. iscellaneous Manufacturin,
_ Paper andAllied Products_
R20 RIS
' II
R101CCIOPIB1IB21B31MCILIY
1I�FP
o
PI
P-I
143
6/15/90

_._..i�ANl1FAETURIMG USES,.
l
__�____________________
RA
R35
R20
R15
R151
R10
CC
OP
Bl
B2
A3
MC
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145 6/15/90

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146 6/15/90

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148
6/15/90

' Category Three Hurricane: Winds 111-130 mph. Storm surge generally 9-12 feet above normal. Some
structural damage to small residences and utility buildings with a minor amount of curtain wall failures.
' Foliage blown off trees. Large trees blown down. Mobile homes and poorly constructed signs are
destroyed. Low-lying escape routes are covered by rising water 3-5 hours before the arrival of the
hurricane center. Flooding near the coast destroys smaller structures, with larger structures damaged
by floating debris. Terrain lower than 5 feet above mean sea level may be flooded 8 miles inland.
' Evacuation of low-lying residences within several blocks of the shoreline may be required. Hurricane
Fran of 1996 was a Category Three hurricane.
' Category Four Hurricane: Winds 131-155 mph. Storm surge generally 13-18 feet above normal. More
extensive curtain wall failures with some complete roof structure failures on small residences. Shrubs,
trees, and all signs are blown down. Complete destruction of mobile homes. Extensive damage to doors
and windows. Low-lying escape routes may be covered by rising water 3-5 hours before the arrival of
the hurricane center. Major damage to the lower floors of structures near the shore. Terrain lower than
10 feet above sea level may be flooded, requiring the massive evacuation of residential areas as far
inland as 6 miles. Hurricanes Opal and Hugo were Category Four hurricanes at peak intensity when
they struck the Florida and South Carolina coasts, respectively. Both storms eventually passed over the
western part of North Carolina. At this time, wind speeds had dropped to tropical force winds.
' Category Five Hurricane: Winds greater than 155 mph. Storm surge generally greater than 18 feet.
Complete roof failure on many residences and industrial buildings. Some complete building failures
with small utility buildings blown away. All shrubs, trees, and signs blown down. Complete
destruction of mobile homes. Severe and extensive window and door damage. Low-lying escape routes
' are cut by rising water 3-5 hours before the arrival of the hurricane center. Major damage to lower
floors of all structures located less than 15 feet above sea level and within 500 yards of the shoreline.
Massive evacuation of residential areas on low ground within 5-10 miles of the shoreline may be
' required. Hurricane Gilbert of 1988 was a Category Five hurricane at peak intensity and is the strongest
Atlantic tropical cyclone of record.
Caswell Beach suffers intermittent flooding from rainfall and stormwater runoff. The soil
associations shown on Map 4 provide an indication of the locations of high water table areas
and areas susceptible to flooding. The soil types are delineated in Table 13. Most of the soils
suffer from a high water table at some time during the year. However, only the Bohicket and
Lafitte soils experienced any intermittent flooding.
Table 13
Town of Caswell Beach
Soil Susceptibility to Flooding
High Water Table Flooding
Map
Symbol Soil Types Depth Kind Months Frequency Duration Months
BO Bohicket silty +3-0 Apparent Jan -Dec Frequent Very brief Jan -Dec
1
clay loam
Co Corolla 1.5-3.0 Apparent Nov -May Rare --- ---
KrB Kureb fine sand > 6.0 --- --- None --- ---
LA Lafitte 0-0.5 Apparent Jan -Dec Frequent Brief Jan -Dec
'
'
Section I: Analysis Existing Conditions
of 1-23

Table 13 (continued)
Map
Symbol
Soil Types
Depth
High Water Table
Kind Months
Flooding
Frequency Duration Months
Lo
Leon fine sand
0-1.0
Apparent
Jun -Feb
None --- ---
Ma
Mandarin fine
1.5-3.5
Apparent
Jun -Feb
None --- ---
sand
NeE/Nhe
Newhan fine sand
> 6.0
---
---
None --- ---
WaB
Wando fine sand
4.0-6.0
Apparent
Jan -Mar
None --- ---
Wo
Woodington
0.5-1.0
Apparent
Dec -May
None --- ---
YaB
Yaupon
2.0-4.0
Apparent
Jan -Dec
None --- —
Source: Soil Survey of Brunswick County. North Carolina, United States Department of Agriculture, Soil
Conservation Service.
3. Soil
A detailed soils survey of Brunswick County has been completed by the Soil Conservation
Service. Based on that survey, there are ten different soil associations located within the
town's planning jurisdiction. These associations are delineated on Map 4 and their conditions
for site development are provided in Table 14. Most of the soils located within Caswell
Beach's planning jurisdiction have some limitations for development. Newhan-Corolla
complex are found mainly in the vicinity of Oak Island Beach Villas. Marginally suitable soils
(Kureb and Wando fine sand) located in Caswell Beach require extensive drainage activity for
any kind of urban use. Soils in the unsuitable category (Newhan Fine association and
Bohicket soils) are associated with the beach and dune area and with wetlands and marshes.
Section I: Analysis of Existing Conditions 1-24 1

INTRACO
YaB ASTA .�-TE14LA
wAY
YaB YaB
BO
Z
:J
BO j
i
Lo
'
BO - Bohicket
Co - Corolla
'
KrB - Kureb
LA - Lafitte
Lo - Leon
■
Ma - Mandarin
■
NeE/NhE - Newhan
WaB- Wando
'
Wo - Woodington
YaB - Yaupon
'
CORPORATE LIMIT LINE
LA
LA
LA
XN
q T�qN�/c Oc
F4 V
The preparation of this map was financed in part
through a grant provided by the North Carolina
Coastal Management Program, through funds provided
by the Coastal Zone Management Act of 1972, as
amended, which is administered by the Office of
Ocean and Coastal Resource Management, National Scale:
Oceanic and Atmospheric Administration.
Map 4
Soils Map
ELIZABETH RIVER
YaB NhE
YaB
Bo
• - GP
I.
42)
I-25

I
1
Table 14
Town of Caswell Beach
Soil Associations - Degree and Kind of Limitation for Stated Use
Map Dwellings without Septic Tank
Symbol Soil Types Basements Streets & Roads Absorption Fields
BO Bohicket silty clay Severe: flooding, Severe: low strength, Severe: flooding,
loam ponding, shrink -swell ponding, flooding ponding, peres
slowly
Co
Corolla
Severe: flooding
KrB
Kureb fine sand
Slight
LA
Lafitte
Severe: flooding, low
strength
Lo
Leon fine sand
Severe: wetness
Ma
Mandarin fine sand
Moderate: wetness
NeE/Nhe
Newhan fine sand
Severe: slope
WaB
Wando fine sand
Slight
Wo
Woodington
Severe: wetness
YaB
Yaupon
Severe: wetness
Moderate: flooding,
wetness
Slight
Severe: flooding, low
strength
Severe: wetness
Moderate: wetness
Severe: slope
Slight
Severe: wetness
Severe: low strength,
shrink -swell
Severe: wetness,
poor filter
Severe: poor filter
Severe: flooding
Severe: wetness,
poor filter
Severe: wetness
Severe: poor filter,
slope
Severe: poor filter
Severe: wetness
Severe: peres
slowly, wetness
Source: Soil Survey of Brunswick County, North Carolina, United States Department of Agriculture, Soil
Conservation Service.
4. Manmade Hazards/Restrictions
Other than the CP&L discharge station, there are no known manmade hazards located within
Caswell Beach's jurisdiction. It should be noted that the nearby Cape Fear River channel
provides shipping lanes for potentially hazardous substances. Also, the CP&L nuclear power
plant, located just north of nearby Southport, is a potential hazard. The Archer Daniels
Midland Plant, located in Southport, produces citric acid for use in soft drinks and food
products. In April, 1998, a 36,000 gallon leak of sulfuric acid occurred approximately 700
feet from the Cape Fear River. However, there was no surface water contamination or
apparent groundwater contamination. In addition, while not located within Caswell Beach,
the Oak Island U.S. Coast Guard Station qualifies under the Superfund Amendments and
Reauthorization Act as a Tier II reporter of hazardous materials.
While Caswell Beach is concerned with the potential for offshore drilling or exploration for
oil or gas, to date there has not been any such activity. Offshore drilling could pose a
manmade hazard for Caswell Beach.
Section I: Analysis of Existing Conditions I-26 1

5. Fragile Areas I
a. Coastal Wetlands
'
The coastal wetlands are defined on Map 5, Areas of Environmental Concern and
Other Fragile Areas. In Caswell Beach, coastal wetlands are generally north of the
south facing beach and east of the west corporate limit to the east corporate limit
,
shown on Map 5. However, it is emphasized that the specific locations of coastal
wetlands can be determined only through on -site investigation and analysis. Coastal
wetlands are defined as salt marshes regularly- or irregularly -flooded by tides
,
including wind tides, provided this shall not include hurricane or tropical storm tides.
These areas must contain at least one, but not necessarily all of the following marsh
plant species: Cordgrass, Black Needlerush, Glasswort, Slat Grass, Sea Lavendar,
,
Bulrush, Saw Grass, Cat -tail, Salt Meadow Grass, and Salt Reed Grass. The coastal
wetlands are vital to the complex food chain found in estuaries. They provide marine
nursery areas and are essential to a sound commercial fishing industry. Coastal
'
wetlands also serve as barriers against flood damage and control erosion between the
estuary and uplands. These valuable areas also serve as a filter for pollutants. The
coastal wetlands adjacent to Caswell Beach include some estuarine islands which are
not suitable for development. A total of 303 acres of Caswell Beach's coastal
wetlands are owned by the North Carolina Wildlife Trust.
b. Estuarine Waters
'
Estuarine waters are generally those waters found in estuaries, sounds, bays, salt
water shorelines, and the Atlantic Ocean within three miles of the shoreline. They are
'
the dominant component and bonding element of the entire estuarine system,
integrating aquatic influences from both the land and the sea. The estuarine waters
are among the most productive natural environments within Caswell Beach. The
'
waters support the valuable commercial and sports fisheries of the coastal area which
are comprised of estuarine dependent species such as menhaden, flounder, shrimp,
crabs, and oysters. Of the ten leading species in the commercial catch, all but one are
'
dependent on the estuary. There are no significant islands located within Caswell
Beach's estuarine waters.
C. Estuarine Shorelines
Estuarine shorelines are those non -ocean shorelines that are especially vulnerable to '
erosion, flooding, or other adverse effects of wind and water. They are intimately
connected to the estuary. In shoreline areas not contiguous to waters classified as
outstanding resource waters by the Environmental Management Commission, all land ,
75 feet landward from the mean high water level or normal water level is considered
to be estuarine shoreline. In shoreline areas contiguous to waters classified as
outstanding resource waters by the Environmental Management Commission, all land '
575 feet landward from the mean high water level or normal water level is considered
to be estuarine shoreline. Development within the estuarine shorelines influences the
quality of estuarine life and is subject to damaging processes of shorefront erosion and ,
flooding. The Town of Caswell Beach has opposed bulkhead construction and fencing
under some circumstances within estuarine shoreline areas.
Section I: Analysis of Existing Conditions I-27 1 1

r-,
f50/
-1
/
�1
MAP 5
/AEC's AND OTHER FRAGILE AREAS
<: a LEGEND
{SA
SB
.i
SC High Quality Wate
rs
00,
TOWN LIMIT LINE
c SA Closed to Shellfish
ing
:
4.... .
r e Priority Natural Heritage a
9 Y
r-�
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Area- State
M.
it
L
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rsery Area
i . SA
c
1 Th - e coastal wetland r to et and areas are defined /bY 15A NCA C
p �7 `_ �'��_� 7H.0205 a an i•::•. s salt marsh or other
e marsh subject
ct to
n I
I re u ar or occasional floodingb tides includingwind
SIF
9 Y
S A
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a
r:
waters eac the
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.SA:::... .
Rid courses), provided this shall not include hurricane or
:-, G .....................�... ............, .;,.::::, � _•,-;:k:i € € € i � € ;: ;::: ;:•' tropical storm tides. Precise locations of all coastal
c W ........... :...._..,....-.... sh......:..:...... ...... __.�:€€��€[ f € i € s ::: _ €; €: :� :� wetlands must be determined in the field.
2) All 404 wetland areas are classified as conservation.
However, because of map scale, locations cannot be
delineated. Precise locations must be determined
through on -site analysis and verification. Federal 404
permitting and regulatory requirements shall apply.
3) Estuarine Shoreline Areas - In shoreline areas not
contiguous to waters classified as outstanding resource
waters by the Environmental Management
Commission, all land 75 feet landward from the mean
high water level or normal water level are considered to
be estuarine shorelines. There are no outstanding
resource waters in Caswell Beach.
4) Public Trust and Estuarine Water Areas - All waters
under the jurisdiction of Caswell Beach are either
estuarine waters or public trust areas as defined in 15A
NCAC 7H.0206 Estuarine Waters and .0207 Public
Trust Areas. Precise locations of Public Trust and
Estuarine Water Areas must be determined in the field.
5) Ocean Hazard Areas - These areas include lands
along the Atlantic shoreline where, because of their
special vulnerability to erosion or other adverse effects
of sand, wind, and water, uncontrolled or incompatible
development could unreasonably endanger life or
property. These areas could include beaches, frontal
dunes, inlet lands, and other lands with excessive
erosion or flood damage.
The preparation of this map was financed in part
through a grant provided by the North Carolina
Coastal Management Program, through funds provided
by the Coastal Zone Management Act of 1972, as
amended, which is administered by the Office of
Ocean and Coastal Resource Management, National
Oceanic and Atmospheric Administration.
I-28

1
d. Public Trust Areas
Public trust areas are all waters of the Atlantic Ocean and the lands thereunder from
the mean high water mark to the seaward limit of state jurisdiction; all natural bodies
of a water subject to measurable lunar tides and lands thereunder to the mean high
water mark; all navigable natural bodies of water and lands thereunder to the mean
high water level or mean water level as the case may be, except privately -owned lakes
to which the public has no right of access; all water in artificially created bodies of
water containing significant public fishing resources or other public resources which
are accessible to the public by navigation from bodies of water in which the public has
rights of navigation; and all waters in artificially created bodies of water in which the
public has acquired rights by prescription, custom, usage, dedication, or any other
means. In determining whether the public has acquired rights in artificially created
bodies of water, the following factors shall be considered:
(1) the use of the body of water by the public,
(2) the length of time the public has used the area,
(3) the value of public resources in the body of water,
(4) whether the public resources in the body of water are mobile to the
extent that they can move into natural bodies of water,
(5) whether the creation of the artificial body of water required
permission from the state, and
(6) the value of the body of water to the public for navigation from one
public area to another public area.
These areas are significant because the public has rights in these areas, including
navigation and recreation. The public trust areas also support valuable commercial
and sports fisheries, have aesthetic value, and are important resources for economic
development.
It is impossible to map the public trust area. The areas must be determined through
in -field analysis and definition.
e. Ocean Hazard Areas
Ocean hazard areas consist of ocean erodible areas, high hazard flood areas, inlet
hazard areas, and unvegetated beach areas. Ocean hazard landforms include ocean
dunes, beaches, and shorelines. Ocean dunes include both primary dunes and frontal
dunes. Primary dunes are the first mounds of sand located landward of the ocean
beaches having an elevation equal to the mean flood level (in a storm having a one
percent chance of being equaled or exceeded in any given space) for the areas plus six
feet. The primary dune extends landward to the lowest elevation in the depression
behind that same mound of sand. In areas where there is a primary dune, that dune
shall be deemed to be the frontal dune. Where there is no primary dune, the frontal
dune is deemed to be the first mound of sand located landward of the ocean beach
having sufficient vegetation, height, continuity and configuration to offer protective
value. The dunes are essential to the protection of oceanfront areas. The Areas of
ISection I: Analysis of
Conditions I-29

Environmental Concern and Other Fragile Areas map generally delineates the location
of the 1993 dune restoration project.
Ocean beaches and shorelines are lands consisting of unconsolidated soil materials that ,
extend from the mean low water line landward to a point where either (1) the
vegetation line is located, or (2) a distinct change in slope or elevation alters the ,
configuration of the land form, whichever is farther landward. "Vegetation Line"
means the first line of stable natural vegetation, which shall be used as the reference
point for measuring oceanfront setbacks. This line represents the boundary between ,
the normal dry -sand beach, which is subject to constant flux due to waves, tides,
storms, and wind, and the more stable upland areas. It is generally located at or
immediately oceanward of the seaward toe of the frontal dune or erosion escarpment.
In areas where there is no stable natural vegetation present, this line shall be ,
established by connecting or extending the lines from the nearest adjacent vegetation
on either side of the site and by extrapolating (by either on -ground observation or by
aerial photographic interpretation) to establish the line. The entire length of Caswell '
Beach is an ocean beach. It is important to note that the ocean beach areas within
Caswell Beach serve as significant nesting grounds for sea turtles. Caswell Beach
contains ocean erodible areas and high hazard flood areas, but no unvegetated beach
area (a dynamic area that is subject to rapid unpredictable landform change from wind
and wave action). Unvegetated beach areas are only designated following detailed
studies by the Coastal Resources Commission. There are no inlet hazard areas in '
Caswell Beach. The Town of Caswell Beach has opposed bulkhead construction
within ocean hazard areas.
f. 404 Wetlands
404 Wetlands are areas covered by water or that have waterlogged soils for long '
periods during the growing season. Plants growing in wetlands are capable of living
in soils lacking oxygen for at least part of the growing season. Some wetlands, such
as swamps, are obvious. Others are sometimes difficult to identify because they may
be dry during part of the year. Wetlands include, but are not limited to, bottomlands,
forests, swamps, pocosins, pine savannahs, bogs, marshes, and wet meadows.
Soils that have developed in wetlands are known as "hydric" soils because they have
formed under water-logged conditions. They have distinctive color, texture, and
sometimes odor. The presence of hydric soil means an area was once a wetland; '
however, it does not by itself mean that the area functions as a wetland today.
Section 404 of the Clean Water Act requires that anyone interested in depositing ,
dredged or fill material into "waters of the United States," including wetlands, must
apply for and receive a permit for such activities. In Caswell Beach, 404 wetland
permits must be obtained from the Wilmington, NC, office of the U.S. Army Corps '
of Engineers. While there are scattered wetland areas located within Caswell Beach's
planning jurisdiction, the specific locations of wetlands areas must be determined
through on -site analysis. I
Section I: Analysis of Existing Conditions I-30 ' ,
n

Wetlands are a significant natural resource because they provide recharge areas for
groundwater: serve as filter traps for sediment, pesticides and other pollutants;
provide non-structural flood control: buffer against shoreline erosion; serve as buffer
zones between upland activities and valuable aquatic systems; provide habitats for
numerous furbearing animals, endangered species, and other wildlife; and support the
state's coastal economy.
The following defines the two types of wetlands which are located in Caswell Beach's
planning jurisdiction:
Sali/Brackish Marsh. Any salt marsh or other marsh subject to regular or occasional
flooding by tides, including wind tides (whether or not the tide waters reach the
marshland areas through natural or artificial watercourses), provided this shall not
include hurricane or tropical storm waters. Coastal wetland plant species include:
Spartina alterniflora, Juncus roemerianus, Salicornia spp., Distichlis spicata,
Limonium spp., Scirpus spp., Cladium jamaicense, Typha spp., Spartina patens and
Spartina cynosuroides.
Estuarine shrub scrub. Any shrub/scrub dominated community subject to occasional
flooding by tides, including wind tides (whether or not the tide waters reach the
marshland areas through natural or artificial watercourses). Typical species include
Myrica spp. and Juniperus virginiana.
g. Historical and Archaeological Sites
Fort Caswell, which lies at the eastern end of the corporate limits, was for many years
the principal coast defense of the Cape Fear River. Since 1949, Fort Caswell has
been owned by the NC Baptist Seaside Assembly and is utilized as a recreational and
religious center for NC Baptists. In 1983, the North Carolina State Legislature
adopted H.B. 1277, which provided special legislation to give the Town of Caswell
Beach extraterritorial jurisdiction at the Fort Caswell Baptist Center if the NC Baptist
Seaside Assembly sells the property. The only historic area within Caswell Beach is
the site of the Civil War period Fort Caswell. Only battery sites and concrete
reinforced bunkers constructed during the Civil War remain. The fort was located on
the Oak Island estuarine side shoreline between the current U.S. Coast Guard Station
and east of the town's corporate limit line.
h. Slopes in Excess of 12 %
Except for some dune areas, there are no slopes in excess of 12 % located within the
Town of Caswell Beach. The Newhan soils, delineated on Map 4, have slopes
ranging from 2 to 30 percent.
ISection I: Analysis of Existing Conditions I-31

i. Excessive Erosion Areas
The Town of Caswell Beach has experienced excessive erosion in its ocean hazard
area. Through 1992, the erosion rate along Caswell Beach's oceanfront varied from
two to six feet. 15A NCAC 7H use standards prohibit permanent stabilization of
ocean shorelines.
j. Natural Resource Fragile Areas
Natural resource fragile areas are generally recognized to be of educational, scientific,
or cultural value because of the natural features of the particular site. Features in
these areas serve to distinguish them from the vast majority of the landscape.
These areas include complex natural areas, areas that sustain remnant species,
pocosins, wooded swamps, prime wildlife habitats, or registered natural landmarks.
The waters of the Cape Fear River and the Atlantic Ocean at the mouth of the river
are considered a significant natural resource fragile area.
The North Carolina Natural Heritage Program of the Division of Parks and Recreation
works to identify and facilitate protection of the most ecologically significant natural
areas remaining in the state. Natural areas may be identified because they provide
important habitat for rare species or because they contain outstanding examples of the
rich natural diversity of this state.
Natural area inventories are often conducted county by county. Permission from
landowners is obtained before field work is undertaken. The information collected is
important for land use planning, especially planning for natural area conservation and
greenways. High quality natural areas are valuable resources that make North
Carolina and its counties attractive to live in and to visit. In addition to their
educational and cultural uses, natural areas are important reservoirs of native plants
and animals and are key resources for recreation.
Among coastal counties, preliminary natural area inventories were completed for ten
counties during 1980-82. These inventories were conducted for Brunswick, Carteret,
Craven, Dare, Gates, Hyde, Pamlico, Pender, Tyrrell, and Onslow Counties under
the Coastal Energy Impact Program of Coastal Management. More thorough
inventories were conducted for the northeastern coastal counties as part of the
Albemarle -Pamlico Estuarine Study during 1989-93. In 1995, a much more in-depth
survey was conducted for Brunswick County; a similar inventory is currently
underway for Onslow County.
These inventories are funded with grants from the Natural Heritage Trust Fund which
are used to match local funding. The inventories generally take 18-24 months to
complete and cost approximately $30,000. CAMA planning grants may be considered
for part of the local match.
Section I: Analysis of Existing Conditions 1-32 1
1
d
H
LJ
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I
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Id
k. Maritime Forests
Caswell Beach does not have any maritime forests located within its planning
jurisdiction.
1. Other Fragile Areas
There are no inlet hazard areas, complex natural areas, or any coastal geologic
formations as defined by 15A NCAC 7H located in Caswell Beach.
6. Areas of Resource Potential
a Regionally Significant Public Parks
There are no public parks having regional significance located in the Town of Caswell
Beach.
b. Marine Resources
The North Carolina Division of Water Quality assigns water quality classifications to
all waters of the State of North Carolina. The schedule of classifications is provided
by 15 NCAC 2B.0302 to .0317. The classifications are based upon the existing or
contemplated best usage of the various streams and segments of streams within a
basin, as determined through studies, evaluations, and comments received at public
hearings. The state classifies tidal salt waters as follows:
Class SA: shellfishing for market purposes and any other usage specified by the
"SB" and "SC" classification;
Class SB: primary recreation and any other usage specified by the "SC"
classification;
Class SC: fish and wildlife propagation, secondary recreation, and other uses
requiring waters of lower quality.
All waters within Caswell Beach's planning jurisdiction are classified as SA waters,
except for one small area of SC classified water (see Map 5). The general locations
of the water classifications are delineated on Map 5. SA waters are primarily reserved
for shellfishing plus all uses allowed in SC and SB classified waters.
In addition, surface waters (streams, lakes, or estuaries) are rated as either fully
supporting (S), support -threatened (ST), partially supporting (PS), or nonsupporting
(NS) by the Division of Water Quality. The terms refer to whether the classified uses
of the water (such as water supply, aquatic life protection, and swimming) are being
fully supported, partially supported, or are not supported. For instance, saltwaters
' classified for commercial shellfish harvesting (SA) would be rated as fully supporting
if bacterial levels in the water were low enough to allow harvesting. However, if
ISection I: Analysis of Existing Conditions I-33 1

fecal coliform bacteria levels were too high to allow shellfish to be harvested, but not '
too high to prevent swimming, then the waters would be rated as partially supporting
since they only support the swimming. If the waters were impacted to the point that '
even swimming was disallowed, the waters would be rated as nonsupporting.
Except for the areas closed to shellfishing, all of the town's estuarine waters are fully
supporting. '
Primary nursery areas are those areas of the estuarine system where initial post -larval
development takes place. These areas are usually located in the uppermost sections
of an estuarine system where populations are uniformly very early juveniles. Primary
nursery areas are located in the town's coastal wetlands (see Map 5). Caswell Beach
is also a sea turtle sanctuary.
In 1989, the state Environmental Management Commission established the High
Quality Water classification. High quality waters were established in response to
federal antidegradation regulations which require that the waters with quality higher ,
than that defined by the state's existing classification standards be maintained through
additional protective measures. The General Procedures Rule and Antidegradation
Policy are defined by 15A NCAC 2B.0101 and 15A NCAC 2B.0201, respectively. '
Stricter requirements for water quality standards, wastewater treatment, and
stormwater runoff control will apply to high quality water designated areas. The
standards are defined in 15A NCAC 2B.0201. Map 5 delineates the high quality '
waters within Caswell Beach.
Water depth and surface area within and adjacent to Caswell Beach is limited. There '
is no water area suited to open water marina construction. Upland marina and dry
stack storage facilities have not been supported by the town. Limited water surface
and depth make the establishment of mooring fields difficult, if not impossible. In '
order to enhance water access to the Elizabeth River and Caswell Beach, the town
considers channel maintenance and preservation of the Intracoastal Waterway to be
important to the town. '
All of Caswell Beach's planning jurisdiction is located within the Cape Fear River
Basin within subbasin area 03030005070010. The town occupies 3.4 % of the Cape ,
Fear Basin's land area.
C. Closed Shellfishing Areas
The areas in and adjacent to Caswell Beach which have been closed to shellfishing are
delineated on Map 5. '
d. Agricultural and Forestlands
There are no significant agriculturally productive or commercially productive '
forestlands or maritime forests located within Caswell Beach's planning jurisdiction.
LJ'
Section I: Analysis of Existing Conditions I-34 ' ,
I�

I F.
e. Aquaculture
There have been no aquaculture activities within Caswell Beach's planning
jurisdiction.
DEVELOPMENT CONSTRAINTS: PUBLIC FACILITIES
1. Water Supply
The Town of Caswell Beach owns its own water distribution system. Water is purchased from
the Brunswick County Water System. In July/August/September 1990, the town's peak
quarter usage was 11,923,044 gallons. During July/August/September 1997, the consumption
for the same period had increased to 17,107,180, an increase of 43 % . During 1997, the three
month total average daily usage was 14,255 gallons per day, or 0.05 % of the design capacity
of the county's water treatment plant. In November, 1997, the town served 175 metered
locations.
Brunswick County is under contract for the purchase of raw surface water from the Lower
Cape Fear Water & Sewer Authority (LCFWSA). The Authority was established in 1970 to
develop a raw water supply system in Southeastern North Carolina. Its membership is
' comprised of the counties of Bladen, Brunswick, Columbus, New Hanover, and Pender, and
the City of Wilmington.
' The initial facilities of the Authority's 45 million gallon per day raw water supply were
completed in 1984 and included the above referenced 45 MGD pump station, 73,000 feet of
48-inch pipe line, and a 3 million gallon raw water reservoir located near the community of
Northwest in Brunswick County.
These facilities provide Brunswick County an unlimited (by contract) amount of raw water
' from the Cape Fear River to its 24 MGD treatment facilities located in the Northwest
community. In 1992, the county purchased an average of 6.92 MGD from LCFWSA.
' The county also operates a 6 MGD groundwater treatment facility located near Southport,
North Carolina. This facility is furnished raw water from 16 wells located in the Castle
Hayne Aquifer adjacent to the treatment facility. The combined 12 hour pumping yield is
' sufficient to provide maximum treatment plant operation of 6 MGD on a continuous 24
hour/day operation.
' The Towns of Southport and Yaupon Beach have existing connections to the county system
which are utilized for emergency only. Each of these towns provide water to their respective
customers on a day to day basis via operation of their wells. With the growth of these two
' towns over the next few years, the possibility of salt water intrusion exists, indicating that the
county supply would provide a more reliable source of potable drinking water to their
customers.
ISection I: Analysis of Existing Conditions I-35 1
� I

The private developments of Oak Island Beach Villas, Caswell Dunes, Ocean Greens, and the
Arboretum continue to own the water distribution lines internal to those developments.
However, the town indicated in 1997 that it would accept and maintain those private
distribution lines if requested by the owners.
2. Sewer
Caswell Beach does not have a municipally owned sewage treatment plant or collection
system. The Oak Island Beach Villas are provided sewer service by the Town of Yaupon
Beach (serving 174 dwelling units). However, if the town ever provides central sewer service,
the Oak Island Beach Villas may be required to connect to the Caswell Beach system. The
Arboretum/Ocean Greens and Caswell Dunes operate their own private waste treatment plants
(serving 329 dwelling units). These two plants are described as follows:
Design Capacity GPD Daily Flow GPD Method of Disposal
Arboretum/ 100,000 15,000 to 25,000 Rapid infiltration basin
Ocean Greens
Caswell Dunes 75,000 12,000 to 15,000 Sub Surface
In addition, there are 189 dwellings units in Caswell Beach which are served by septic tanks
(In Caswell Dunes, five septic tanks serve 34 dwelling units).
3. Solid Waste Disposal
In July, 1998, Brunswick County initiated a new county -wide residential solid waste collection
program paid for with County General Fund revenues. This county funded service, provided
by Waste Industries, includes one (1) new 90-gallon rollout container delivered to all
residences and once -a -week household trash curbside collection of that single rollout container.
This service is provided to all Caswell Beach residences.
Caswell Beach initiated a new residential curbside recycling program, paid for with Town
General Fund revenues, and provided by Waste Industries, to include one (1) new 16-gallon,
heavy-duty plastic recycling container to be issued to each residence and once -a -week
residential curbside recycling collection of that single container for disposing of recyclable
items: clear/green/brown glass, #1 and #2 plastics, newspapers (no flyers or magazines), and
aluminum cans. A recycling container for cardboard is located at the Caswell Beach Town
Hall for use by town residents. The town also provides a recycling container at the Town Hall
for aluminum for the local "Cans for Kids" program.
Brunswick County's landfill facility closed January 1, 1998. The county's initial plans were
to construct a new facility adjacent to the existing site. However, it is more likely now that
the county will opt for some form of regional multi -county arrangement for disposal of solid
waste. Brunswick County had not reached a decision on this matter at the time this plan was
drafted. Until the county decides how this issue will be resolved, solid waste disposal needs
will be met through the utilization of the Sampson County Landfill.
Section I: Analysis of Existing Conditions I-36 1
L I
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' 4. Schools
Residents of Caswell Beach are served by the Brunswick County school system. Specifically,
Caswell Beach's students attend Southport Elementary, South Brunswick Middle, and South
Brunswick High schools. Table 15 provides general information relating to these schools
' including grades served, a comparison of enrollment versus capacity for the school years 1990
and 1997, location, and approximate distance from Caswell Beach.
' Table 15
Brunswick County School System
Southport
South Brunswick
South Brunswick
'
Elementary
Middle
High
Grade Levels
K-5
6-8
9-12
Location
Southport
Boiling Spring
Boiling Spring
'
Lakes
Lakes
Approx. Distance from
8 miles
16 miles
16 miles
Caswell Beach
1990 Enrollment
848
660
851
1997 Enrollment
809
748
760
'
1997 Capacity
744
462
900
1997 % Over/Under
8.0 % over
38.2 % over
18.4 % under
'
Capacity
Source: Brunswick County
Schools.
'
Detailed information on the distribution of Caswell Beach's children for each school is not
available. However, it is estimated that there are approximately 160 school aged children
residing within the Town of Caswell Beach.
In addition to the above schools, the Brunswick County Community College operates facilities
in Southport, Supply, and Leland. The community college is a two-year institution offering
the following programs:
Administrative Office Technology Electronics Engineering Technology
Air Conditioning, Heating, & Refrigeration Health Information Technology
Associate of Arts Medical Assisting
'
Associate of Science Nursing Assistant
Basic Law Enforcement Practical Nursing
Business Administration Phlebotomy
Business Computer Programming Real Estate
Cosmetology Recreational Grounds Management Technology
Dental Assisting Welding
'
Section I: Analysis of Existing Conditions I-37 '

5. Transportation
The only town -maintained roads in Caswell Beach are R.L. Jones Street and Jack B. Cook
Road. Private roads are found in the Caswell Dunes, Ocean Greens, and Arboretum
developments. The only state -maintained road in Caswell Beach is NC S.R. 1100, also known
as Caswell Beach Road. According to the Department of Transportation District Engineer's
Office, the average annual daily traffic count ( a design capacity is not available) occurring
south of the intersection of NC Hwy. 133 and S.R. 1104 toward the entrance to Caswell Beach
was 2,000. (S.R. 1104 is Yaupon Drive in Yaupon Beach). However, the town officials
believe the traffic volume is much higher when the NC Baptist Seaside Assembly is open. In
1996, a count was taken on NC 13 just North of Yaupon Beach Drive. That count was 15,700
annual daily traffic.
On Caswell Beach Road, east of the Caswell Dunes entrance and west of the CP&L pumping
station, there is an area subject to severe flooding. A portion of the road has been moved once
to avoid the flooding problem; however, the problem persists. Even though the dunes have
been reestablished, during high tide the ocean water is approximately equal to or higher than
the road. Farther to the east, the road grade drops, allowing ponding even during light to
moderate rains. If a major storm or hurricane occurs, ingress and egress to the residential
area east of the CP&L station may be virtually impossible. Therefore, consideration should
be given to either relocation of the road or provision of alternate means of ingress and egress
and to beach renourishment and other beach restoration methods as an additional means to
protect Caswell Beach Road (SR 1100) in areas threatened by beach erosion.
There are no bicycles paths located in Caswell Beach; however, the town has, in cooperation
with the NC Department of Transportation, widened SR 1100 to accommodate walkers and
bicycles, and erected "Share -the-Road" signs for the benefit of cyclists.
Concurrent with the development of this plan, the North Carolina Department of
Transportation (NCDOT) developed a thoroughfare plan for Yaupon Beach, Caswell Beach,
and Long Beach, entitled the Oak Island Thoroughfare Plan. Map 6 provides a copy of the
thoroughfare plan. The NCDOT prepares a five-year transportation improvement plan (TIP).
This land use plan provides an overview of transportation projects anticipated in the upcoming
five years along with funding information. The highway improvement projects included in
the 1997-2003 TIP which will have an impact on Caswell Beach's highway transportation
system are as follows:
NC 133
Town Creek, replace Bridge No. 61
Year 2000
NC 133
Allen Creek, replace Bridge No. 56
Year 2000
US 421-NC 211
Southport, construct a 180' "river class" ferry
'Under Construction
NC 87, NC 133,
Intersection of NC 87, NC 133, and Sunny Point
Identified future
and Access Road
Access Road. Realign NC 87 to become through
need
movement and install traffic signal
New Route
NC 211/NC 133 to NC 87 at S.R. 1524, construct a
Right-of-way
two-lane connector on new location
acquisition 2003
New Route
S.R. 1104 (Beach Drive) to NC 211, widen S.R.
Right-of-way
1105 (Middleton Avenue), S.R. 1104 to S.R. 1190,
acquisition 1999
replace Bridge No. 206 over Davis Creek and
construct a two-lane facility from S.R. 1105 to NC
211 on new location.
D
F
u
h 1
Section I: Analysis of Existing Conditions 1-38 1 1

1197
YpP
1112
1111
, Pond
f •1114
y
Izoo
Aft
The preparation of this map was financed in
part through a grant provided by the North
Carolina Coastal Management Program,
through funds provided by the Coastal Zone
Management Act of 1972, as amended, which
is administered by the Office of Ocean and
Coastal Resource Management, National
Oceanic and Atmospheric Administration.
1500
0
1561
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ELIZABETH
1194
MAP 6
October 28, 1997
THOROUGHFARE
LEGEND
Adopted By Public Workshop Public Hearing
N
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PLAN
CASWELL BEACH February 12,1998 November 13,1998
EXISTING PROPOSED
LONG BEACH January 20,1998 January 6,1998 January 20,1998
o
OAK I S LAN D
MAJOR THOROUGHFARE ■ ■ ■ ■ ■
YAUPON BEACH February 9,1998 November 10,1998
BRUNSWICK COUNTY
RECOMMENDED BY
s
NORTH CAROLINA
MINOR THOROUGHFARE . . ' . '
STATEWIDE PLANNING March 12,1998
rvvm "me
N.C. DEPARTMENT OF
0 2 4 6 E
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
TRANSPORTATION AD613.1998
my..
STATEWIDE PLANNING BRANCH
0 2 4 6 e 10
41 coorean WTM me
U.S.DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
Base Map Date: February 3, 1997
I-39

' 6. Recreation
The Town of Caswell Beach maintains six beach access facilities. The facilities are located
'
on Caswell Beach Road throughout the residential area and opposite the CP&L Pumping
Station. The following summarizes the facilities available at the sites:
Handicap Dune Picnic Nature
Access Parking Spaces Crossover Boardwalk Gazebo Table Pier Trail
'
CP&L Yes Yes 75 Yes (3) No No No No No
Parking Lot
'
Access 1-5 No No No Yes No No No No No
Private recreational facilities include the 107-acre, 18-hole Oak Island Golf Course and
'
Clubhouse. The clubhouse includes a restaurant.
7. Drainage
Areas of Caswell Beach Road located east of the CP&L pumping station are subject to severe
flooding. Most of the town's area is less than 15 feet above sea level; therefore, the town
must be sensitive to stormwater regulations. The town does not have a separate stormwater
control ordinance. Surface drainage in Caswell Beach discharges into some primary nursery
areas and some SA classified waters (see Map 5, page I-28).
8. Health Facilities
' The Yaupon Beach Medical Center houses two medical specialists— a family practitioner and
a psychologist. The town also has a full-time dentist and an eye doctor offering part-time
services. For minor surgery or emergencies, Caswell Beach residents utilize J. Arthur Dosher
' Memorial Hospital in Southport or Columbia Brunswick Hospital in Supply. The New
Hanover Regional Medical Center located in Wilmington provides major medical service.
' Dosher Hospital, founded in 1930, will undergo its 70' anniversary in the year 2000. The
facility is owned by. the taxpayers of Smithville Township and is managed by an elected Board
of Trustees. The hospital has 40 beds, a staff of approximately 150, and serves over 20,000
' inpatients and outpatients annually. Two fully -staffed operating rooms provide general
surgery as well as orthopedic, ophthalmology, gynecological, and urological surgery. Other
services include state-of-the-art radiology, physical therapy, cardiopulmonary, pharmacy,
' speech therapy, and laboratory services. The hospital maintains a fully -staffed emergency
room around the clock and provides home services through its home care department.
' Columbia Brunswick Hospital is a fully accredited, acute care facility that has been serving
area residents since 1977. Columbia Brunswick Hospital provides a wide range of
comprehensive medical and surgical services and community education programs. The
' following provides a summary of programs and services:
ISection I: Analysis of Existing Conditions I-40 1

1
Chest pain emergency center
Intensive and critical care services
Cardiopulmonary services
Pain management
Extensive adult and pediatric
ophthalmological services
Women's services: LDRP birthing suites,
gynecology, GYN laser surgery
Sports Medicine
MRI and CT imaging services
9. Energy Facilities
Lithotripsy
General and surgical specialities: ENT,
urology, orthopedics, oral surgery
Physical therapy
Patient advocate program
Behavioral health services
Comprehensive outpatient diagnostics and
therapies
Neurology
Pulmonology
Except for peak shaving devices and emergency energy generating devices, energy generating
facilities are prohibited in Caswell Beach. This does not apply to energy distribution systems
or residential supplemental systems such as solar panels.
10. Police/Fire/Rescue
The Town of Caswell Beach maintains a police department composed of four full-time and two
part-time North Carolina certified police officers (including the Chief of Police). Police
communication/dispatching is provided through a contract with the Town of Long Beach.
Caswell Beach has a mutual aid agreement with Brunswick County, Yaupon Beach, and Long
Beach.
Fire protection is provided through a contract with the Yaupon Beach Volunteer Fire
Department. Rescue services are provided through a contract with the Town of Long Beach
Rescue Department.
Section I: Analysis of Existing Conditions 1-41 1
11
7
7

I SECTION II: ESTIMATED DEMANDS
A. PROJECTED DEMAND FOR DEVELOPMENT
1. Permanent Population
a. Brunswick County and Caswell Beach
In conformance with the Coastal Area Management Act planning guidelines,
population projections for municipalities within Brunswick County have been prepared
through 2010. However, the reader is cautioned that the CAMA five-year planning
period extends through 2002. The population projections are provided in Table 16.
It is emphasized that the municipal forecasts do not take into consideration annexations
which may occur. As a result, the population of some municipalities may prove to be
above the figures which are forecast. The overall county population is expected to
increase from 60,739 in 1995 to 79,644 in 2010. This increase of 31 % (an annual
average of 2.1 %) was applied to all municipalities within the county. Caswell Beach
is restrained from physically growing by the salt marsh on the north side, the Atlantic
Ocean on the south side, the Town of Yaupon Beach on the west, and the Fort
Caswell Baptist Center to the east. As Table 16 indicates, Caswell Beach's year-
round population may be expected to increase by approximately 65 persons between
' 1995 and 2010, a 3 1. 1 % increase in population.
Table 16
Town of Caswell Beach and Brunswick County
Population Forecasts
Municipality/Area
1995
Year -Round Population
2000 2005
2010
Bald Head Island
87
95
105
114
Belville
93
102
112
122
Boiling Spring Lakes
1,976
2,163
2,384
2,591
Bolivia
251
275
303
329
Calabash
1,364
1,493
1,646
1,789
Caswell Beach*
209
229
252
274
Holden Beach
782
856
944
1,025
'
Leland
2,050
2,244
2,473
2,688
Long Beach
4,674
5,117
5,639
6,129
Navassa
492
539
594
645
Northwest
727
756
877
953
Ocean Isle Beach
664
727
801
871
Sandy Creek
268
293
323
351
Shallotte
1,123
1,229
1,355
1,473
1 Section II: Projected Land Development Analysis u-1 I
11

Year -Round Population I
Municipality/Area
1995
2000
2005
2010
Southport
2,540
2,781
3,065
3,331
Sunset Beach
778
852
939
1,020
Varnamtown
Yaupon Beach
465
850
509
931
561
1,026
610
1,115
Total Municipalities 18,666 21,191 23,399 25,430
Total Unincorporated Areas 42_073 45.306 49,996 54,214
Total County 60,739 66,497 73,285 79,644
Source: North Carolina State Data Center.
*According to the Office of State Planning, Caswell Beach's estimated 1997 population is 286.
Based on this estimate, the town's population in the years 2005 and 2010 will exceed the
estimates that have been provided. It is expected that Caswell Beach's population may be
approximately 292 in 2000, 321 in 2005, and 349 in 2010.
2. Caswell Beach Seasonal Population
Caswell Beach's housing inventory has been increasing at an average rate of 17 dwelling units
per year. Based on the historical mix of year-round and seasonal housing, approximately 15
of the 17 dwelling units are seasonal. Thus, by 2010, an additional 150 seasonal dwelling
units may be expected. Based on an average of 4.5 persons per household (see Seasonal 0
Population page I-8), these units would house 675 persons. Based on the 1995 peak seasonal
population of 1,973, the total 2010 peak seasonal population should be approximately 2;648
with a total 2010 population of 2,922. Day visitor traffic to Caswell Beach should continue
to be minimal.
3. Housing Trends I
During the planning period it is anticipated that residential construction will continue to be
primarily single-family units. Based on historical trends, approximately 60% should be
single-family and 93 % should be seasonal. In 1997, there were approximately 175 vacant
parcels remaining. Some of those appeared to be unbuildable because of CAMA regulations.
At the previous rate of 17 units per year (1990-1995), build -out of the town could occur by
2008 at current densities. Approximately 25 of these units should be occupied as year-round
dwelling units. Thus, at an average household size of 2.4, the additional year-round
population would be 60. Generally, this population increase is supported by the North
Carolina State Data Center forecast provided in Table 16. No significant changes in
residential land use or patterns are anticipated during the planning period.
4. Commercial and Industrial Land Use
No additional commercial or industrial development is expected during the planning period.
The town's zoning ordinance will prohibit such development. The Oak Island Golf Club is
zoned commercial/recreational.
Section H: Projected Land Development Analysis II-2 I I

1 5. Public Land Use
The Town of Caswell Beach Municipal Building and the town's shoreline access site are
expected to continue to be the only public land uses.
6. Areas Likely to Experience Major Land Use Chances
There are no major land use changes expected to occur during the planning period. As stated
in the 1990 land use plan, the town experiences a high rate of erosion along its ocean shoreline
(approximately one to two feet per year). If this continues, the erosion could result in the
relocation or destruction of some oceanfront residential structures. In addition, some sections
of Caswell Beach Road could require relocation.
7. Summary
There is a limited amount of land remaining for development. The following summarizes the
key issues which should confront Caswell Beach during the planning period:
=_ Preservation of the town as a residential community.
Oceanfront beach erosion.
-- Provision of central sewer service.
-- Growing seasonal population.
B. PROJECTED PUBLIC FACILITIES AND MUNICIPAL SERVICES
NEEDS/AVAILABILITY
The Town of Caswell Beach considers the existing community facilities/public land uses, police and
fire/rescue services, schools, and medical services adequate to serve the town's needs during the
planning period. While the Town of Caswell Beach does not have a central sewer system, the town
is supportive of a regional sewer system serving the Oak Island Beach communities and the adjacent
communities of Southport and Boiling Spring Lakes.
The town will continue to rely on the Brunswick County Water System for water supply. The
system's supply will be adequate to serve Caswell Beach's needs. By 2010, the town's average usage
will be 350,000 gallons per day with a peak demand of 885,000 gallons per day. Respectively, these
consumption rates represent 2.2 % and 2.7 % of the systems total consumption. Graphs 1 and 2
provide water supply demand graphs for the Brunswick County water system and Caswell Beach
through 2020.
1
1 Section II: Projected Land Development Analysis II-3 1

C. REDEVELOPMENT ISSUES i
There is no need for redevelopment in Caswell Beach. Eighty percent of Caswell Beach's housing
stock is less than 10 years old, and the town has virtually no commercial district (the only commercial
activity is the Oak Island Golf Course pro shop and restaurant). Of concern is the possibility of
damage following a hurricane or other natural disaster; in that event, Caswell Beach would encourage
reconstruction of existing structures which meet existing town Building Code, CAMA, and State
Building Code requirements. As discussed under Areas Likely to Experience Major Land Use
Changes, continued erosion could lead to the relocation of some oceanfront residential properties.
t
r
1
1
Section II: Projected Land Development Analysis II-4 1 . I

35
30
c�
25
20
cd
0
15
10
5
�i " "M M`
Graph 1
BRUNSWICK COUNTY WATER SYSTEM
WATER SUPPLY AND DEMAND GRAPH
•
•
■
•
■
1992
Year
2010
2020
.Ave Use ._.._ Peak Use -�-- Treatment Capacity
(Does not include Yaupon Beach water use)

1.1
0.9
Q 0.8
00.7
0 0.6
Cd 0.5
0.4
0
0.3
0.2
0.1
1❑
1992
MW W�Grap(!
CASWELL BEACH WATER SYSTEM
WATER SUPPLY AND DEMAND GRAPH
2000
®_ Ave Use
(Supply from Brunswick Co. is unlimited)
2010 2020
Year
Peak Use

LJ
1
SECTION III: LAND CLASSIFICATION SYSTEM
CAMA regulations require the establishment of a specific land classification system to support the
local government's policy statements. This system should reflect developing land use patterns within
the town and provide a framework to be utilized by Caswell Beach to identify future land uses. The
15A NCAC 7B requirements provide for the following land classifications: developed, urban
transition, limited transition, community, rural, rural with services, and conservation. Each applicable
land classification must be represented on a land classification map. (See Map 7, Caswell Beach Land
Classification Map.)
The following land classifications will apply in Caswell Beach's jurisdiction:
Developed (D) - Areas included in this land classification are currently urban in character, with no or
minimal undeveloped land remaining. Municipal types of services, with the exception of central sewer
service, are in place or are expected to be provided within the next five to ten years. Land uses
include residential, commercial, public/semi-public, and other urban land uses at the following
densities which are prescribed by 15A NCAC 7B:
-- a density of three or more dwelling units per acre; or
-- a majority of lots of 15,000 square feet or less, which are provided
or scheduled to be provided with the traditional urban services; or
L -- permanent population densities that are high and seasonal populations
that may swell significantly.
The developed areas located in Caswell Beach were well below these urban densities in 1997, having
an average town -wide residential density of approximately two dwelling units per acre.
Conservation (C) - The Conservation designation is not intended to prohibit development, but rather
to assure that development in these areas complies with use standards established by the permitting
agencies involved. The following areas of environmental concern and "404" wetlands (not an area of
environmental concern) are included in the conservation classification:
COASTAL WETLANDS (AEC): This classification includes all areas of salt marsh
or other marsh subject to regular or occasional flooding by tides, including wind tides.
However, tidal flooding is understood not to include hurricane or tropical storm tides.
Except for package treatment plants and septic tanks, development which meets the
minimum use standards of 15A NCAC 7H, Caswell Beach zoning, and the policies
contained in this plan shall be allowed in areas classified as coastal wetlands.
-- ESTUARINE SHORELINE (AEC): In shoreline areas not contiguous to waters
' classified as outstanding resource waters by the Environmental Management
Commission, all land 75 feet landward from the mean high water level or normal
water level is considered to be estuarine shoreline. Because of map size and scale,
these areas cannot be accurately mapped. Precise locations must be determined in the
field. Uses consistent with Caswell Beach zoning, the policies contained in this plan,
ISection III: Land Classification System III-1 '
I

and the 15A NCAC 711 use standards shall be allowed in estuarine shoreline areas.
The policies dealing with bulkheads, marinas, and sound and estuarine islands are
more restrictive than 15A NCAC 711.
-- ESTUARINE AND PUBLIC TRUST WATERS (AEC): All public trust areas and
estuarine waters are included in this classification. All waters in Caswell Beach's
planning jurisdiction are classified as estuarine waters as described by 15A NCAC
71-1.0206 or public trust areas as described by 15A NCAC 71-1.0207. Uses permitted
by the policies contained in this plan and 15A NCAC 7H shall be allowed. The
policies dealing with marinas, floating homes, and mooring fields are more restrictive
than 15A NCAC 7H.
-- OCEAN HAZARD AREAS (AEC): This classification includes all ocean hazard
areas. These areas include lands along the Atlantic shoreline where, because of their
special vulnerability to erosion or other adverse effects of sand, wind, and water,
uncontrolled or incompatible development could unreasonably endanger life or
property. These areas include beaches, frontal dunes, inlet lands, and other lands with
excessive erosion or flood damage. Development shall be permitted which is allowed
by the policies contained in this plan, the Caswell Beach Zoning Ordinance, and 15A
NCAC 71-1.0306.
-- 404 WETLANDS (not an area of environmental concern): 404 wetlands are areas
covered by water or that have waterlogged soils for long periods during the growing
season. Plants growing in wetlands are capable of living in soils lacking oxygen for
at least part of the growing season. 404 wetlands include, but are not limited to,
bottomlands, forests, swamps, pocosins, pine savannahs, bogs, marshes, and wet
meadows.
Section 404 of the Clean Water Act requires that anyone interested in depositing
dredged or fill material into "waters of the United States," including wetlands, must
apply for and receive a permit for such activities. The Wilmington office of the U.S.
Army Corps of Engineers has regulatory authority in Caswell Beach. While there
may be scattered wetland areas located within Caswell Beach, the specific locations
of wetlands areas must be determined through on -site analysis. The town concurs I
with the U.S. Army Corps of Engineers' standards and does not intend to develop
more restrictive standards.
-- OPEN SPACE: Some areas of Caswell Beach are designated as open space l�
conservation areas. These include areas on the oceanfront of Caswell Dunes, Ocean
Green, and the town's oceanfront shoreline access facility.
Section III: Land Classification System III-2 ,
I

MAP 7
NOTES:
1. All areas lying 0-75' landward of the mean
high water level of estuarine waters are
estuarine shoreline areas and classified as
conservation lands. Because of map scale,
these areas cannot be accurately mapped.
Precise locations must be determined in the
field.
2. All waters in Caswell Beach's planning
jurisdiction are classified as estuarine waters
as described by 15A NCAC 7H.0206, or
public trust areas as described by 15A NCAC
7H.0207. All development shall be consistent
with the use standards contained in 15 NCAC
7H.0206 and .0207.
3. The locations of ocean hazard areas and
coastal wetlands must be determined by in-
field investigation.
4. 404 wetland areas are included in the
conservation classification. The locations r
must be determined by in -field investigation.
LEGEND
LAND CLASSIFICATION
f ,
w r -
r
r
t" r
D -DEVELOPED
OH - OCEAN HAZARD AREA
ELIZABETH RIVER
�� o :CONSERMATION;• "-
00
OH .•D� Rb ® a
ocFq " off • O\ -
D
%
OH
CONSERVATION / COASTAL WETLAND
• • CORPORATE LIMIT LINE
gT��Tic �I
O'�qy OH
The preparation of this map was financed in part
through a grant provided by the North Carolina
Coastal Management Program, through funds provided
by the Coastal Zone Management Act of 1972, as
amended, which is administered by the Office of
Ocean and Coastal Resource Management, National
Oceanic and Atmospheric Administration. Scale:
1 " = approx. 1 ,200'
0

ISECTION IV: POLICY STATEMENTS
A. INTRODUCTION TO POLICY STATEMENTS
The previous sections of this plan identify a number of areas of concern dealing with growth,
development, and the environment. The plan also discusses many opportunities and assets that exist
within Caswell Beach. This section provides policies designed to address growth management and
protect the town's assets. The policy statements should address the desires and objectives of the
citizens of Caswell Beach, and respond to the policy statement requirements of the Coastal Resources
_ Commission as defined by 15A NCAC 7B.
The policy statements are extremely important and have a day-to-day impact on businesses and
individual citizens within the town. The statements have an impact in three areas:
• CAMA minor and major permitting as required by NCGS 113A-118 prior to
undertaking any development in any area of environmental concern.
• Establishment of local planning policy.
• Review of proposed projects requiring state or federal assistance or approval
to determine consistency with local policies.
For the issuance of CAMA permits within areas of environmental concern, the state's minimum
acceptable use standards are defined by 15A NCAC 7H. A local unit of government must adopt
policies which are, at a minimum, equal to and consistent with the state's minimum use standards.
A local unit of government may adopt policies which are more stringent than the minimum use
standards. For example, the state standards allow marinas to be located within primary nursery areas
if some minimum conditions are met. A local government may adopt a policy stating that marinas will
not be permitted within primary nursery areas. If this were to occur, a CAMA permit for marina
construction in a primary nursery area would not be issued. IT IS CRUCIAL THAT A LOCAL
GOVERNMENT UNDERSTAND THE IMPACT OF ITS POLICIES WITHIN AREAS OF
ENVIRONMENTAL CONCERN.
The second area of land use plan application is that of establishing policies to guide the town's local
planning. This may apply both within areas of environmental concern where CAMA regulations apply
and in non-CAMA regulated areas of the town. Under North Carolina legislation, land use plans are
not regulatory controls. Non-CAMA related recommendations must be implemented with local land
use ordinances such as zoning or subdivision ordinances. If a land use plan recommends that the
average residential density should be three dwelling units per acre within a particular area, then that
density must be achieved through local zoning ordinance or other regulatory control. (This should not
be confused with the interaction of the land use plan with the CAMA regulations and 15A NCAC 7H
use standards.)
Section IV: Policy Statements IV-1 I

The final area of application is that of "Consistency Review." Proposals and applications for state and �.
federal assistance or requests for agency approval of projects are normally reviewed against a
jurisdiction's land use plan to determine if the project is consistent with local policies. Inconsistencies
with local policies could serve as grounds for denial or revision of a project. For example, a town
may request state or federal funding to construct a central sewer system. If the town's policies do not
support a central sewer system, the project may be judged to be inconsistent with the local land use
plan.
The Coastal Resources Commission requires all governments to specify stated development policies
under each one of five broad topics. These topics include:
-- Resource Protection
-- Resource Production and Management
-- Economic and Community Development
-- Continuing Public Participation
— Storm Hazard Mitigation, Post -Disaster Recovery, and Evacuation Plans
During 1995 and 1996, the 15A NCAC 7B CAMA planning guidelines were revised. The revised
guidelines included new requirements for the development of policy statements. These changes
included the following policy statement additions:
-- A general vision policy statement describing the type of community
that the local government would like to become within the next ten
years.
-- A basic statement of the community attitude toward resource W
protection.
-- A policy addressing the protection of wetlands identified as being of
the highest functional significance on maps supplied by the Division
of Coastal Management.
A policy addressing moorings and mooring fields.
-- A policy addressing water quality problems and management ■
measures designed to reduce or eliminate local sources of surface
water quality problems.
-- A statement of the community attitude toward resource production
and management.
-- A policy addressing commitment to state and federal programs,
including housing rehabilitation, community development block
grants, housing for low and moderate income level citizens, water and
sewer installation, and rural water systems.
A policy addressing assistance to interstate waterways.
Section IV: Policy Statements IV-2 I I

Based on the analysis of existing conditions and trends, suggestions from the town's citizens, and
substantial input and guidance from the Town of Caswell Beach Planning Board, the policies in the
following sections have been formulated to provide a guide for regulating growth, development, and
resource management throughout the planning period. In developing these policies, many alternatives
were considered by the Planning Board. The alternatives that were considered but not adopted are
included as Appendix III.
B. VISION STATEMENT
Caswell Beach is a family oriented residential community. Its population is composed of a healthy
blend of diverse backgrounds and interests. The community will continue to protect its residential
character and its natural assets including consideration of the latest technology. The town is proud
of the quality of life which it provides its residents and visitors. Preservation of this quality of life
will be a primary concern of the town.
C. RESOURCE PROTECTION POLICY STATEMENTS
Community Attitude Toward Resource Protection
Caswell Beach has and will continue to emphasize protection of its natural resources. The community
desires to achieve a balance between residential development and preservation of its resources. The
policies contained in this plan and 15A NCAC 7H minimum use standards will be relied upon for
protection of the town's natural resources. Caswell Beach will emphasize protection of the following:
Coastal Wetlands
Water Quality
-- Dunes and Dune Vegetation
Turtle Nesting Areas
Ocean Hazard Areas
Physical Limitations
Soils (Issue discussed, page I-24)
Policy: Caswell Beach supports actions to mitigate septic tank problems and other restrictions
on development resulting from soil limitations.
Implementation:
(a) Caswell Beach will: 1) Support enforcement of all current regulations of the
NC State Building Code and Brunswick County Health Department for all
matters relating to septic tank installation/replacement in areas with soils
restrictions; 2) Coordinate all development activity with appropriate county
and state regulatory personnel; 3) Cooperate with the U.S. Army Corps of
Engineers in the regulation/enforcement of the 404 wetlands permit process.
(b) The density of development will be regulated by the Town of Caswell Beach
Zoning Ordinance.
ISection IV: Policy Statements IV-3 I

Schedule: Continuing Activities. I
Flood Hazard Areas (Issue discussed, page I-20)
Policy: The Town of Caswell Beach will regulate development within flood hazard areas to
minimize the potential for loss of life and property.
Implementation:
(a) Caswell Beach will coordinate any development within the special flood
hazard area with the North Carolina Division of Coastal Management,
FEMA, and the U.S. Corps of Engineers.
(b) Caswell Beach will continue to enforce its existing zoning and flood damage
prevention ordinances and follow its storm hazard mitigation plan. (See
Subsection D, Storm Hazard Mitigation, Post -Disaster Recovery, and
Evacuation Plans).
Schedule (a) - (b): Continuing Activities, FY1997-2007
(c) The town will rely on its zoning ordinance to regulate development within its
flood hazard areas.
Schedule (c): Continuing Activity
Septic Tank Suitability - Policy discussed under soils (Issue discussed, page I-24 and I-26)
Groundwater/Protection of Potable Water Supplies (Issue discussed, page I-20)
Policy: Caswell Beach will strive to conserve its surficial groundwater resources.
Implementation: Caswell Beach will support CAMA and NC Division of Water
Quality stormwater runoff regulations, and coordinate local development activities
involving chemical storage or underground storage tank installation/abandonment with
Brunswick County Emergency Management personnel and the Groundwater Section
of the NC Division of Water Quality.
Schedule: Continuing Activity.
Stormwater Runoff (Issue discussed, page I-40)
Policy: Caswell Beach supports actions to reduce the adverse impacts of stormwater runoff
on the coastal environment.
Implementation:
(a) The town will support state regulations relating to stormwater runoff resulting
from development (Stormwater Disposal Policy 15 NCAC 2H.001-.1003).
Schedule: Continuing Activity. I
Section IV: Policy Statements IV-4 I I

(b) The Town of Caswell Beach will review all local land use related ordinances
to determine what, if any, amendments should be made to reduce stormwater
■ runoff.
Schedule: FY1999-2000
ISolid Waste (Issue discussed, page I-36)
Policy (a): The Town of Caswell Beach supports a regional multi -county approach to solid waste
disposal.
Policy (b): The Town of Caswell Beach supports efforts to recycle and reduce waste.
Implementation:
(a) The town will cooperate with any efforts to educate people and businesses on
waste reduction and recycling. Caswell Beach vigorously supports recycling
by its residents through the provisions of once weekly curbside recycling and
educational efforts to achieve a high degree of town -wide recycling.
(b) Caswell Beach will implement the recommendations of the regional
composting study when complete.
(c) The town will continue to support the location of recycling of cardboard and
aluminum "Cans for Kids" at the Caswell Beach Town Hall.
Schedule (a) - (c): Continuing Activities.
Cultural/Historical Resources (Issue discussed, page I-31)
Policy: Except for the Civil War Fort Caswell site, there are no known cultural or historic
resources located in or adjacent to the Town of Caswell Beach. However, the town
supports actions to preserve historic and cultural resources.
Implementation: The Town of Caswell Beach will notify the Department of Archives
and History of any land disturbing activities in the vicinity of the Civil War Fort
Caswell site. In addition, developers will be requested to coordinate land disturbing
activities with the NC Department of Archives and History.
Schedule: Continuing Activity.
Industrial Impacts on Fragile Areas (Issue discussed, page I-14 and II-2)
Policy: The Town of Caswell Beach opposes any industrial development within the town.
Implementation: Caswell Beach will rely on its zoning ordinance to prohibit the
location of industrial land uses within Caswell Beach.
Section IV: Policy Statements IV-5 '

Schedule: Continuing Activity. I
Package Treatment Plant Use (Issue discussed, page I-36 and II-3)
Policy: Caswell Beach will support the construction of package treatment plants which are
approved and permitted by the State Division of Water Quality. If any package plants
are approved, Caswell Beach supports requirement of a specific contingency plan
specifying how ongoing private operation and maintenance of the plant will be
provided, and detailing provisions for assumption of the plant into a public system
should the private operation fail.
Implementation: Caswell Beach will rely upon the North Carolina Division of Water
Quality to implement this policy.
Schedule: Continuing Activity.
a
Marina and Floating Home Development (Issue discussed, page I-34): Caswell Beach will enforce
the following policies to govern floating homes and marina development. Marinas are considered to
be any publicly or privately owned dock constructed to accommodate more than ten boats, as defined
by 15A NCAC 711.208(b)(5).
Policy (a): Caswell Beach opposes the construction of both upland and open water marinas within
its planning jurisdiction. However, should the CP&L Pumping Station property
become available, the town may consider the development of a municipal -owned
marina with access to the Intracoastal Waterway.
Implementation: Caswell Beach will rely on its zoning ordinance to regulate the
location of upland and open water marinas.
Schedule: Continuing Activity.
Policy (b): Caswell Beach opposes the construction of dry stack storage facilities for boats
associated either with or independent of marinas.
Implementation: Caswell Beach will rely on its zoning ordinance to prohibit the
location of dry stack storage facilities in Caswell Beach.
Schedule: Continuing Activity.
Policy (c): Caswell Beach opposes the location of floating structures in all public trust areas and
estuarine waters. Floating structures are defined as any structure or vessel used,
designed, and occupied as a permanent dwelling unit, business, office, or source of
any occupation or any private or social club, which floating structure or vessel is
primarily immobile and out of navigation or which functions substantially as a land
structure while moored or docked on waters within county jurisdiction. Floating
structures shall not be used commercially or inhabited in one place for more than 15
days.
Section IV: Policy Statements IV-6 '

Implementation: Caswell Beach will adopt a local ordinance to regulate the location
of floating structures within its planning jurisdiction.
Schedule: Continuing Activity.
Mooning Fields (Issue discussed, page I-34)
Policy: The Town of Caswell Beach opposes the establishment of mooring fields within its
planning jurisdiction.
Implementation: The Town of Caswell Beach will rely on 15A NCAC 7H to regulate
the establishment of mooring fields.
Schedule: Continuing Activity.
Development of Sound and Estuarine Islands (Issue discussed, page I-27)
Policy: Caswell Beach opposes any construction on sound or estuarine islands.
Implementation: This policy will be supported through enforcement of the town's
zoning ordinance.
Schedule: Continuing Activity.
Bulkhead Construction (Issue discussed, page I-27)
Policy: Caswell Beach opposes the construction of bulkheads in all conservation areas
including ocean hazard and estuarine shorelines.
Implementation: Caswell Beach will rely on 15A NCAC 7H and the CAMA permit
process to implement this policy.
Schedule: Continuing Activity.
■ Sea Level Rise (Issue discussed, page I-20)
Policy (a): Caswell Beach will support actions which will not adversely affect the coastal
environment to mitigate the adverse effects of sea level rise.
Implementation: Caswell Beach will continuously monitor sea level rise and revise as
necessary all local building and land use related ordinances to establish setback
standards, long-term land use plans, density controls, buffer vegetation protection
requirements, and building designs which will facilitate the movement of structures.
Schedule: Continuing Activity.
ISection IV: Policy Statements IV-7 I

Policy (b): Caswell Beach opposes the construction of bulkheads which would prohibit migrating
shorelines, including bulkhead construction behind coastal wetlands.
Implementation: Caswell Beach will rely on 15A NCAC 7H and the CAMA permit
process to implement this policy.
Schedule: Continuing Activity.
Manmade Hazards (Issue discussed, page 1-26)
Policy (a): Caswell Beach supports the careful regulation and control of the location and
development of manmade hazards.
Policy (b): Caswell Beach is opposed to the establishment of toxic waste dump sites within
Brunswick County.
Policy (c): With the exception of bulk fuel storage tanks used for individual heating, Caswell
Beach opposes the bulk storage of manmade hazardous materials within its
jurisdiction.
Implementation:
(a) Caswell Beach will support the technical requirements and state program
approval for underground storage tanks (Chapter 40 of the Code of Federal
Regulations, Parts 280 and 281), and any subsequent state regulations ,
concerning underground storage tanks adopted during the planning period.
(b) Caswell Beach will rely on its zoning ordinance to regulate the location of
hazardous waste within its planning jurisdiction.
Schedule (a) - (b): Continuing Activities, FY1997-2007
Ocean Hazard Areas (Issue discussed, page 1-29)
Policy (a): It is Caswell Beach's policy to preserve its ocean hazard areas.
Implementation: The Town of Caswell Beach will rely on the enforcement of 15A
NCAC 7H by the Division of Coastal Management for protection of its ocean hazard
areas.
Schedule: Continuing Activity.
Policy (b): The Town of Caswell Beach supports beach renourishment and relocation as the
preferred erosion control measures for ocean hazard areas as well as other
environmentally sound options which may develop.
Implementation:
(a) Caswell Beach, through public resolution, resolved to protect the beach by
instituting a program of a major beach renourishment project seeking
substantial federal, state, county, and local (accommodation and ad valorem
tax revenues and voluntary contributions) funding for cost sharing programs.
Section IV: Policy Statements IV-8 I I

(b) Caswell Beach will enforce its Building Code to require removal of damaged
structures located in ocean hazard areas.
Schedule (a) - (b): Continuing Activities.
Estuarine Waters and Public Trust Areas (Issue discussed, pages I-27 and I-29)
Policy: Caswell Beach supports the preservation of water quality in its estuarine and public
trust waters.
Im ' lementation: Caswell Beach will, in art, rely on enforcement of 15A NCAC 7H
P P Y
by the Division of Coastal Management to protect estuarine and public trust waters.
In addition, in an effort to further protect water quality, the policies and
implementation measures in this plan are more restrictive than the existing CAMA
regulations. The town's policies prohibit the issuance of permits for marinas,
mooring fields, sound and estuarine island development, and bulkhead construction.
Schedule: Continuing Activity.
ICoastal Wetlands (Issue discussed, page I-27)
Policy: Caswell Beach supports preservation of its coastal wetland areas.
Implementation: Caswell Beach will rely on the enforcement of 15A NCAC 7H by the
Division of Coastal Management to protect its coastal wetland areas.
Schedule: Continuing Activity.
Estuarine Shorelines (Issue discussed, page I-27)
Policy: Caswell Beach supports protection of its estuarine shoreline areas and preservation of
its scenic views of the coastal wetland areas adjacent to its jurisdiction.
Implementation:
(a) Caswell Beach will rely, in part, on the enforcement of 15A NCAC 7H by the
Division of Coastal Management to protect its estuarine shorelines areas.
(b) Caswell Beach will rely on its zoning ordinance to regulate the use of land
within its estuarine shoreline areas.
Schedule (a) - (b): Continuing Activities
Off -Shore Drilling (Issue discussed, page I-26)
Policy: Caswell Beach opposes any offshore exploratory drilling for oil or gas or actual
drilling operations for oil or gas production.
ISection IV: Policy Statements IV-9 1

Implementation: Other than the prohibition of industrial land uses within Caswell
Beach by the town's zoning ordinance, the town will rely on appropriate federal and
state agencies to enforce this policy.
Schedule: Continuing Activity.
Maritime Forests (Issue discussed, page I-33)
There are no maritime forests located in Caswell Beach. Therefore, a policy is not required.
Water ualit sue discussed
YManagement (s ,rage I-16)
Policy: The Town of Caswell Beach supports the North Carolina Division of Water Quality '
Management's goal for surface water quality management as stated on page I-17 of
this plan.
Implementation: The Town of Caswell Beach will review all local ordinances to
determine, what, if any, revisions should be made to reduce the potential for
impairment of water quality. Such revisions may include but not necessarily be
limited to:
-- Reduction of the construction of impervious surfaces.
-- Provision of vegetative buffers along estuarine shorelines.
-- Requiring retention and/or detention pond facilities.
Schedule: FY1999-2001
D. RESOURCE PRODUCTION AND MANAGEMENT POLICIES
Community Attitude Toward Resource Production
Caswell Beach is primarily a residential community. Local regulations, including the town's zoning
ordinance, have rigidly controlled the development of non-residential land uses. Caswell Beach will
continue to tightly control the development of non-residential land uses. Opportunities for resource
production will be limited.
Recreation Resources (Issue discussed, page I-40)
Policy: Caswell Beach supports the state's shoreline access policies as set forth in Chapter
15A, Subchapter 7M of the North Carolina Administrative Code. The town will
conform to CAMA and other state and federal environmental regulations affecting the
development of estuarine access areas.
Implementation: The town will prepare a shoreline access plan and seek funding as
necessary for the construction of additional shoreline access facilities.
Schedule: FY2000-2001
Section IV: Policy Statements IV-10 ' I

'J
IProductive Agricultural Lands (Issue discussed, page I-34)
There are no productive agricultural lands found in Caswell Beach; therefore, no policy statement is
necessary.
Productive Forestlands (Issue discussed, page I-34)
There are no productive forestlands found in Caswell Beach; therefore, no policy statement is
r necessary.
Residential, Commercial, and Industrial Development Impacts on Resources
(Issue discussed, page I-14 and II-2)
Policy (a): Residential development and accessory residential uses which meet 15A NCAC 7H
use standards will be allowed in estuarine shoreline, estuarine water, and public trust
areas. All bulkhead construction shall be prohibited. All commercial and industrial
development will be discouraged within the Town of Caswell Beach.
Implementation: The town will rely on its zoning ordinance and 15A NCAC 7H to
implement this policy.
ISchedule: Continuing Activity.
Policy (b): Except for public regulatory signs, Caswell Beach opposes the construction of any
j signs in estuarine and public trust waters and coastal wetlands conservation areas.
Implementation: The Town of Caswell Beach will rely on its zoning ordinance and
15A NCAC 7H to implement this policy.
Schedule: Continuing Activity.
Marine Resource Areas (Issue discussed, page I-33)
Policy (a): Caswell Beach supports preservation and protection of its marine resource areas.
Implementation:
(a) Caswell Beach will support the use standards for estuarine and public trust
areas as specified in 15A NCAC 7H.0207.
(b) Caswell Beach reserves the right to review and comment on policies and
requirements of the North Carolina Division of Marine Fisheries which
govern commercial and recreational fisheries and activities, including trawling
activities.
(c) The Town of Caswell Beach supports the designation of its beach area as a
sea turtle sanctuary by the State of North Carolina.
Schedule (a) - (c): Continuing Activities.
ISection IV: Policy Statements IV-11 I

Policy (b): Caswell Beach supports regulation of the operation of jet -skis in its estuarine and
public trust waters (including the Atlantic Ocean).
Implementation: The town will adopt an ordinance to regulate the use of jet -skis. The
ordinance should specify a distance within which operation would be prohibited along
the ocean shoreline.
Schedule: FY1999-2000.
Aquaculture Activities (Issue discussed, page I-35)
Policy: Caswell Beach objects to aquaculture activities within its planning jurisdiction.
Implementation: Caswell Beach will amend its zoning ordinance to address regulation
of aquaculture activities.
Schedule: Continuing Activity.
Peat or Phosphate Mining
There are no peat or phosphate deposits located in Caswell Beach's planning jurisdiction.
Off -Road Vehicles (Issue discussed, page I-19) 1
Policy: Except for emergency, municipal, and state regulatory vehicles, off -road vehicles are
prohibited in Ocean Hazard Areas.
Implementation: This policy will be enforced by the town's November 6, 1975, off -
road vehicle ordinance.
Schedule: Continuing Activity.
E. ECONOMIC AND COMMUNITY DEVELOPMENT POLICY STATEMENTS
Community Attitude Toward Economic and Community Development
Caswell Beach will support growth and development only at residential densities consistent with the
town's zoning classifications. The town's policy of limiting non-residential development will continue.
Water Supply (Issue discussed, page I-35 and II-3) 11
Policy: There are no significant constraints to development or land development issues
relating to the town's potable water supply. The county's water system should
continue to provide adequate water supply throughout the planning period. The town
supports the regional concept of water distribution in Brunswick County. Caswell
Beach will support protection of its water supply and expansion of its water
distribution system. The town will continue to own its water distribution system.
Section IV: Policy Statements IV-12 1 1

Implementation: Through its subdivision ordinance, Caswell Beach will require that:
(a) users or property owners pay for the expense of connecting to the public
water system.
(b) developers of new subdivisions install water lines at their own expense.
Schedule: Continuing Activities.
Sewer System (Issue discussed, page I-36 and II-3)
Policy (a):
The Town of Caswell Beach supports the development of regional sewer service.
tImplementation:
The Town of Caswell Beach will support application for available
state and federal funding to construct a regional sewer system.
Schedule: FY1999-2003
Policy (b):
The Town of Caswell Beach opposes the spraying of treated effluent from other
municipalities or other public or private entities on that portion of the Oak Island Golf
Course located in Caswell Beach.
1
Implementation: The town will rely on applicable state agencies for implementation
of this policy.
Schedule: Continuing Activity.
Stormwater
(Issue discussed, page 140)
Policy (a):
The Town of Caswell Beach will support projects and local land use development
controls to eliminate stormwater drainage problems throughout its planning
jurisdiction.
Policy (b):
The town will support mitigation of negative impacts of stormwater runoff on all
conservation classified areas.
Policy (c):
The town supports the policy that all North Carolina Department of Transportation
projects should be designed to limit to the extent practical stormwater runoff into
estuarine/public trust waters.
Implementation:
(a) Caswell Beach will cooperate with the NCDOT, the North Carolina Division
of Water Quality, and other state agencies in mitigating the impact of
stormwater runoff on all conservation classified areas. The town will support
the Division of Water Quality stormwater runoff retention permitting process
through its zoning permit system and subdivision approval process.
ISection IV: Policy Statements IV-13 I

(b) The town will apply for all available state and federal grant funds, and utilize
Powell Bill funds, to improve stormwater drainage systems associated with
existing rights -of -way.
Schedule (a) - (b): Continuing Activities.
(c) The town will prepare a comprehensive town -wide stormwater drainage plan. I
Schedule (c): Prepare plan, FY2001-2002.
Annexation/Planning Jurisdiction (Issue discussed, page II-1)
Policy: Caswell Beach will be receptive to annexations and establishment of extraterritorial ,
planning jurisdictions which are considered beneficial to the town.
Implementation: The Caswell Beach Planning Board and Board of Commissioners will !�
be responsible for implementing this policy.
Schedule: Continuing activity.
Energy Facility Siting and Development (Issue discussed, page, I-41)
Policy (a): Energy generating facilities shall not be permitted in Caswell Beach. This shall not
apply to individual privately -owned facilities such as solar panels which serve
individual properties or public energy distribution facilities.
Implementation: The Town of Caswell Beach will rely on its zoning ordinance to
regulate the location of energy generating facilities.
Schedule: Continuing Activity.
Policy (b): The Carolina Power and Light Company Brunswick Nuclear Generating Plant is
located near Southport. The Town of Caswell Beach requests full disclosure of any
plans to expand the CP&L plant, and requests written notification if the plant is to be
retired.
Implementation: Caswell Beach will rely on appropriate federal and state agencies to
implement this policy.
Schedule: Continuing Activity.
Redevelopment of Developed Areas (Issue discussed, page II-4)
Policy (a): The Town of Caswell Beach will support all reconstruction which complies with state
and local permitting requirements.
Policy (b): The town will support efforts to move any threatened structures to safer locations
Section IV: Policy Statements IV-14 1 1

Implementation:
(a) The Town of Caswell Beach will rely on its building code, zoning ordinance,
and 15A NCAC 7H to implement these policies.
(b) The town will not spend any local funds to acquire unbuildable lots but will
accept donations of such unbuildable lots. Caswell Beach will work with any
owners who may have to move any threatened structures to safer locations.
The town will support reconstruction only at densities specified by current
zoning regulations.
Schedule (a) - (b): Continuing Activities.
Types and Locations of Desired Industry and Urban Growth Patterns (Issue discussed, page I-14
and II-2)
Policy: Caswell Beach prohibits industrial development of any type.
Implementation: Caswell Beach will rely on its zoning ordinance to prohibit the
location of industry.
Schedule: Continuing Activity.
Commitment to State and Federal Programs (Issue discussed, numerous references to state and
federal programs throughout the plan)
Policy: Caswell Beach will be receptive to and support all state and federal funding programs
which are beneficial to the town.
Implementation: The Caswell Beach Board of Commissioners will pursue funding and
project development through the following state and federal programs: North Carolina
Department of Transportation road and bridge improvement programs; drainage
planning and erosion control activities carried out by the Natural Resources
Conservation Service, which is valuable to farmers; dredging and channel maintenance
by the U.S. Army Corps of Engineers; federal and state projects which provide
efficient and safe boat access for sport fishing; and beach renourishment and
protection programs.
Schedule: Continuing Activity.
Assistance in Channel Maintenance (Issue discussed, page I-34)
Policy: Caswell Beach will support efforts of the U.S. Army Corps of Engineers and state
officials to provide proper channel maintenance. However, the town opposes the
establishment of any dredge spoil sites within its jurisdiction. The town encourages
the use of acceptable spoil material for beach nourishment. However, the town
opposes any dredging of Jay Bird Shoals or any other area which would encourage
beach erosion without first conducting extensive engineering support studies prior to
ISection IV: Policy Statements IV-15 I

project initiation to ensure that no permanent adverse effects on Oak Island Beaches
would result.
Implementation: The town will rely on the U.S. Army Corps of Engineers to
implement this policy.
Schedule: Continuing activity.
Assistance in Interstate Waterways (Issue discussed, page I-34)
Policy: Caswell Beach supports continued maintenance and protection of the interstate
waterway. The town considers the interstate waterway to be a valuable economic
asset.
Implementation: Caswell Beach will rely on appropriate state and federal agencies to
maintain the Interstate Waterway.
Schedule: Continuing Activity
Transportation (Issue discussed, page I-38)
Policy: The Town of Caswell Beach supports transportation improvements which will improve
highway safety, regional accessibility, and traffic flow within the town's planning
jurisdiction.
Implementation: Caswell Beach supports construction of the following projects by the
North Carolina Department of Transportation.
NC 133 Town Creek, replace Bridge No. 61
NC 133 Allen Creek, replace Bridge No. 56
US 421 - NC 211 Southport, construct a 180' "river class"
ferry
NC 87, NC 133, Intersection of NC 87, NC 133, and Sunny
and Access Road Point Access Road. Realign NC 87 to
become through movement and install traffic
signal.
New Route NC 211/NC 133 to NC 87 at SR 1524,
construct a two-lane connector on new
location
New Route SR 1104 (Beach Drive) to NC 211, widen
SR 1105 (Middleton Avenue), SR 1104 to
SR 1190, replace Bridge No. 206 over Davis
Creek and construct a two-lane facility from
SR 1105 to NC 211 on new location.
Schedule: FY1998-2003.
Year 2000
Year 2000
Under Construction
Identified future
need
Right-of-way
acquisition 2003
Right-of-way
acquisition 1999
Section IV: Policy Statements IV-16 1 1

In addition, Caswell Beach supports the following improvements which have not been
scheduled:
(a) Caswell Beach supports the maintenance of its two municipal roads, Robert
L. Jones Street and Jack B. Cook Road; and supports (although not
financially) the North Carolina Department of Transportation and private
development organizations in their efforts to maintain other roads in the town.
(b) The Town of Caswell Beach supports the construction of a second bridge to
provide access to Oak Island.
(c) The Town of Caswell Beach supports beach renourishment and other beach
restoration methods as the primary means to protect Caswell Beach Road (SR
1100) in areas threatened by beach erosion. Should such measures prove to
be cost prohibitive, relocation or other improvements of the road, especially
in the vicinity of the CP&L pumping station, should be considered to lessen
or eliminate the problem of flooding and washout. The east end of the town
is isolated during such periods of flooding.
Tourism (Issue discussed, a e I-40/Recreation and II-2/Seasonal Po ulation)
Pg P
Policy: Caswell Beach supports continued development of the tourist industry.
Implementation:
(a) Caswell Beach will support North Carolina Regional Transportation projects
to improve access to the town.
(b) Caswell Beach will continue to support the activities of the North Carolina
Division of Travel and Tourism; specifically, the monitoring of tourism -
related industry and efforts to promote tourism -related commercial activity.
Schedule (a) - (b): Continuing Activities.
I
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1 Section IV: Policy Statements IV-17 I

F. INTERGOVERNMENTAL COORDINATION AND IMPLEMENTATION
This plan was reviewed by the Brunswick County Planning Department prior to certification by the
Coastal Resources Commission. This review was provided to help ensure consistency of this plan with
Brunswick County's planning efforts. Intergovernmental coordination and cooperation will continue
through the ten-year planning period. This will be essential to accomplish effective planning for public
utilities, thoroughfare projects, community facilities, housing needs, and environmental protection.
The Caswell Beach Board of Commissioners and Planning Board will be responsible for ensuring
adequate coordination with Brunswick County, Brunswick County's municipalities, and other
government entities as may be required.
The Town of Caswell Beach has participated in several joint planning efforts with neighboring
jurisdictions, such as the drafting of a regional beach management plan and the coordination of
regional composting, sewer, and water plans.
G. PUBLIC PARTICIPATION
1. Public Participation Plan
As the initial step in the preparation of this document, Caswell Beach and adopted
prepared P
a "Public Participation Plan. " The plan outlined the methodology for citizen involvement (see
Appendix IV). Public involvement was to be generated through public information meetings,
advertising in local newspapers, and designation of the Planning Board to work with the Board
of Commissioners on the development of the plan.
A public information meeting was conducted at the outset of the project on October 28 1997
P g P J ,
at 5:00 p.m., at the Caswell Beach Town Hall. Subsequently, meetings of the Planning Board
were held on November 17, 1997; January 15, 1998; February 24, 1998; March 17, 1998;
May 12, 1998; and May 21, 1998. All meetings were open to the public. The Planning
Board conducted a public information meeting for review of and comment on the plan on July
9, 1998. The meeting was advertised in the State Port Pilot. i
The preliminary plan was submitted to the Coastal Resources Commission for comment on
October 2, 1998. Following receipt of CRC comments, the plan was amended, and a formal
public hearing on the final document was conducted on February 11, 1999. The public
hearing was advertised in the Wilmington Star -News on January 10, 1999, and in the State
Port Pilot on January 13, 1999. The plan was approved by the Caswell Beach Board of
Commissioners on February 11, 1999, and submitted to the Coastal Resources Commission
for certification. The plan was certified on March 26, 1999.
Citizen input will continue to be solicited, primarily through the Planning Board, with
advertised and adequately publicized public meetings held to discuss special land use issues
and to keep citizens informed. I
Section IV: Policy Statements IV-18 I 1

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2. 1997 Land Use Plan Survey
In an effort to incorporate as much citizen input as possible into its FY97 Land Use Plan
Update, the Town of Caswell Beach developed a citizen survey including 17 questions on a
diversity of land use issues, and distributed the survey to approximately 660 resident and non-
resident property owners. The level of citizen interest in the land use planning process in
Caswell Beach is very high, as evidenced by the fact that 296 of the survey forms were filled
out and returned, a 44.8 % response rate. Additionally, where comments were solicited,
citizen responses were numerous and often very detailed.
In order to allow efficient tabulation of the responses, a computer database was compiled using
Foxpro database management software. An input screen was developed and the survey forms
were input into the database. Comments were abbreviated at input time to allow subsequent
segregation of comments by category. Following input, an analysis program tabulated the
surveys and a report was produced. A summary of survey responses is included as Appendix
V.
H. STORM HAZARD MITIGATION, POST -DISASTER RECOVERY,
AND EVACUATION PLANS
The purpose of a storm hazard mitigation plan is to assist a town in managing development in
potentially hazardous areas through establishing storm hazard mitigation policies and to reduce the
risks associated with severe storms and hurricanes by developing post -disaster reconstruction/recovery
policies. Caswell Beach has a detailed Storm Hazard Mitigation and Post -Disaster Recovery and
Evacuation Plan which was adopted on October 10, 1996. It is by reference incorporated as a part of
this land use plan. Copies of that plan are available at the Caswell Beach Municipal Building.
STORM HAZARD MITIGATION POLICIES
The effect of storm related flooding in Caswell Beach is discussed on pages I-20 through I-23 of the
Land Use Plan, and areas subject to flooding are shown on Map 3, page I-22. A Category Five storm
would inundate all of Caswell Beach except for areas along the CP&L canal.
Hazard mitigation, or actions taken to reduce the probability or impact of a disaster, could involve a
number of activities or policy decisions. The starting point, however, is to identify the types of
hazards (including the relative severity and magnitude of risks), and the extent of development
(including residential, commercial, etc.) located in storm hazard areas.
Hurricanes are extremely powerful, often unpredictable forces of nature. The four causes of fatalities
and property damage are high winds, flooding, wave action, and erosion. All of these apply to
Caswell Beach.
a. High Winds
High winds are the major determinants of a hurricane, by definition, i.e., a tropical disturbance with
sustained winds of at least 73 miles per hour. Extreme hurricanes can have winds of up to 165 miles
per hour, with gusts up to 200 miles per hour.
Section IV: Policy Statements IV-19 '
11

These "eye" Although friction
winds circulate around the center or of the storm. the or impact of the
winds hitting land from the water causes some dissipation of the full force, there is still a tremendous
amount of energy left to cause damage to buildings, overturn mobile homes, down trees and power
lines, and destroy crops. Also, tornadoes are often spawned by hurricane wind patterns. Wind stress,
therefore, is an important consideration in storm hazard mitigation planning.
b. Flooding
The excessive amounts of rainfall and the "storm surge" which often accompany hurricanes can cause
massive coastal and riverine flooding causing excessive property damage and deaths by drowning.
(More deaths are caused by drowning than any other cause during hurricanes.) Flooding can cause
extensive damage in inland areas. Almost all of Caswell Beach may be subject to storm related flood
damage. Consideration of potential flood damage is important to the town's efforts to develop storm
mitigation policies.
C. Policy Statements: Storm Hazard Mitigation
In order to minimize the damage potentially caused by the effects of a hurricane or other major storm,
Caswell Beach will implement the following policies:
High Winds
Caswell Beach supports enforcement of the NC State Building Code. The town will continue
to enforce the State Building Code on wind resistant construction with design standards of 110
mph wind loads.
Flooding
Caswell Beach is an active participant in the National Flood Insurance program and is
supportive of hazard mitigation elements. The town is participating in the regular phase of
the insurance program. Caswell Beach also supports continued enforcement of the CAMA and
404 Wetlands development permit processes in areas potentially susceptible to flooding. When
reviewing development proposals, the town will work to reduce density in areas susceptible
to flooding. In addition, the town will encourage the public purchase of land in the most
hazardous areas.
Mitigation Policies Related to Redevelopment of Hazard Areas After a Storm
Reconstruction of damaged properties in Caswell Beach after a storm will be subject to the
following:
" The North Carolina Building Code requires any building damaged
in excess of 50 percent of its value to conform with code
requirements for new buildings when repaired. (This will be
particularly beneficial in the event of wind damage.)
" The Flood Damage Prevention Ordinance requires that all existing
structures must comply with requirements related to elevation above
the 100-year floodplain elevation and floodproofmg if they are
Section IV: Policy Statements IV-20 '

substantially improved. A substantial improvement is defined as "any
repair, reconstruction, or improvement of a building, the cost of
which equals or exceeds 50 percent of the market value of the
building either before the improvement or repair is started, or before
damage occurred if the building has been damaged."
Evacuation Plans
The town will coordinate evacuation planning with Brunswick County. Caswell Beach will
encourage motels, condominiums, and multi -family developments (five or more dwelling units)
to post evacuation instructions that identify routes and the locations of available public
shelters.
Implementation: Storm Hazard Mitigation
(a) Caswell Beach will continue to enforce the standards of the State Building Code.
(b) The town will continue to support enforcement of State and Federal programs which
aid in mitigation of hurricane hazards, including CAMA and the U.S. Army Corps
of Engineers 404 permit process, FEMA, as well as local ordinances such as zoning
and flood damage prevention regulations.
(c) The town will discourage high density development in high hazard areas through
implementation of the town's Zoning and Subdivision Ordinances.
(d) Damaged structures which were destroyed or sustained "major damage" and which did
not conform to the town's building regulations, zoning ordinances, and other storm
hazard mitigation policies, i.e., basic measures to reduce damage by high winds,
flooding, wave action or erosion, must be repaired or redeveloped according to those
policies. In some instances, this may mean relocation of construction, or no
reconstruction at all. Building permits to restore destroyed or "major" damaged
structures which were built in conformance with the town's building code and town
storm hazard mitigation policies shall be issued automatically. All structures suffering
major damage will be repaired according to the State Building Code and town Flood
Damage Prevention Ordinance. All structures suffering minor damage, regardless of
location, will be allowed to be rebuilt to the original condition prior to the storm.
POST -DISASTER RECONSTRUCTION PLAN AND POLICIES
The Town of Caswell Beach Emergency Plan for Disaster Response/Re-Entrv, adopted October 10,
1996, provides the post -disaster reconstruction plan and policies.
ISection IV: Policy Statements IV-21 I

SECTION V: RELATIONSHIP OF POLICIES AND LAND
CLASSIFICATIONS
As required by 15A NCAC 7B planning guidelines, the Caswell Beach land use plan must relate the
policies section to the land classification map and provide some indication as to which land uses are
appropriate in each land classification.
A. DEVELOPED CLASS
Caswell Beach's primary growth should continue to occur within the corporate limits in Caswell
Dunes, Ocean Greens, and the Arboretum. Those areas are classified as developed. The developed
class can accommodate low to medium density development, with some limited, scattered multi -family
sites. The town's zoning ordinance is consistent with the land classification map and supports the
distribution of land uses.
B. CONSERVATION CLASS
The conservation class is designated to provide for effective long-term management of significant
limited or irreplaceable areas which include Areas of Environmental Concern. Development in the
estuarine system should be restricted to such uses as piers and other water -dependent uses which
satisfy 15A NCAC 7H use standards, and which are associated with or supportive of residential
development. However, bulkhead construction will not be permitted in any conservation areas. The
town opposes any construction on sound or estuarine islands. The conservation class policies and
standards included in this plan are more restrictive than the 15A NCAC 7H use standards.
11
I
ISection V: Relationship of Policies and Land Classifications V-1 I

r,
APPENDIX 1
1991 POLICY STATEMENTS
A. RESOURCE PROTECTION POLICY STATEMENTS
1. Physical Limitations
Soils. To mitigate existing septic tank problems and other restrictions on development
posed by soil limitations, Caswell Beach will:
(a) Enforce all current regulations of the N.C. State Building Code and
Brunswick County Health Department for all matters relating to septic tank
installation/replacement in areas with soils restrictions.
(b) Coordinate all development activity with appropriate county and state
regulatory personnel.
(c) Cooperate with U.S. Army Corps of Engineers in the
regulation/enforcement of the 404 wetlands permit process.
Flood Hazard Areas:
(a) Caswell Beach will coordinate any development within the special flood
hazard area with the North Carolina Division of Coastal Management,
FEMA, and the U.S. Corps of Engineers.
(b) Caswell Beach will continue to enforce its existing zoning and flood
damage prevention ordinances and follow the storm hazard mitigation
plan. (See Subsection D, Storm Hazard Mitigation, Post -Disaster
Recovery, and Evacuation Plans).
Groundwater/Protection of Potable Water Supplies: Caswell Beach will strive to conserve
its surfcial groundwater resources by supporting CAMA and N.C. Division of
Environmental Management stormwater run-off regulations.
Manmade Hazards: Caswell Beach will support the technical requirements and state
program approval for underground storage tanks (Chapter 40 of the Code of Federal
Regulations, Parts 280 and 281), and any subsequent state regulations concerning
underground storage tanks adopted during the planning period.
Stormwater Runoff. The town will support state regulations relating to stormwater runoff
resulting from development (Stormwater Disposal Policy 15 NCAC 2H.001—.1003).
Solid Waste Disposal: The town will support only new landfill sites to serve Brunswick
County and its municipalities which will not adversely affect valuable groundwater
resources. The Board of Commissioners reserves the right to comment on any site which
is proposed for such purpose.
Cultural/Historic Resources: Except for the Civil War Fort Caswell site, there are no
known cultural or historic resources located within the Town of Caswell Beach. The

Town of Caswell Beach will notify the Department of Archives and History of any land
disturbing activities in the vicinity of the Civil War Fort Caswell site. In addition,
developers will be requested to coordinate land disturbing activities with the N.C.
Department of Archives and History.
Industrial Impacts of Fragile Areas: The Town of Caswell Beach opposes any industrial
development within the town.
2. Miscellaneous Resource Protection
Package Treatment Plant Use: The Town of Caswell Beach will support the construction
of package treatment plants which are approved and permitted by the State Division of
Environmental Management and by the Brunswick County Health Department/Division
of Health Services. If any package plants are approved, Caswell Beach supports
requirement of a specific contingency plan specifying how ongoing private operation and
maintenance of the plant will be provided, and detailing provisions for assumption of the
plant into a public system should the private operation fail.
Fencing: Except for sand fencing, the Town of Caswell Beach opposes the construction
of fencing (including fence lighting) in ocean hazard areas, coastal wetlands, estuarine
waters, and public trust waters. The repair or replacement of fencing existing on October
1, 1990, shall be exempt from this policy.
Marina and Floating Home Development: Caswell Beach will enforce the following
policies to govern floating homes and marina development. Marinas are considered to
be any publicly or privately owned dock constructed to accommodate more than ten
boats, as defined by 15A NCAC 71-1.208(b)(5).
(a) Caswell Beach opposes the construction of both upland and open water
marinas within its planning jurisdiction.
(b) Caswell Beach opposes the construction of dry stack storage facilities for
boats associated either with or independent of marinas.
(c) Caswell Beach opposes the location of floating structures in all public trust
areas and estuarine waters. Floating structures are defined as any
structure or vessel used, designed, and occupied as a permanent dwelling
unit, business, office, or source of any occupation or any private or social
club, which floating structure or vessel is primarily immobile and out of
navigation or which functions substantially as a land structure while
moored or docked on waters within county jurisdiction. Floating structures
shall not be used commercially or inhabited in one place for more than 15
days.
Development of Sound and Estuarine Islands: Caswell Beach opposes any construction
on sound or estuarine islands. This policy will be supported through enforcement of the
town's zoning ordinance.
Bulkhead Construction: Caswell Beach opposes the construction of bulkheads in all
conservation areas including ocean hazard and estuarine shorelines.

Sea Level Rise:
(a) Caswell Beach will continuously monitor sea level rise and revise as
necessary all local building and land use related ordinances to establish
setback standards, long-term land use plans, density controls, buffer
vegetation protection requirements, and building designs which will
facilitate the movement of structures.
(b) Caswell Beach opposes the construction of bulkheads which would
prohibit migrating shorelines, including bulkhead construction behind
coastal wetlands.
RESOURCE PRODUCTION AND MANAGEMENT POLICY STATEMENTS
1. Recreation Resources: Caswell Beach will continue to maintain its existing beach
accessways, beach access parking lot, and public beach itself.
2. Productive Agricultural Lands: There are no productive agricultural lands found
in Caswell Beach; therefore, no policy statement is necessary.
3. Productive Forest Lands: There are no productive forest lands found in Caswell
Beach; therefore, no policy statement is necessary.
4. Residential. Commercial, and Industrial Develooment Impacts of Resources:
(a) Residential development and accessory residential uses which meet 15A
NCAC 7H use standards will be allowed in estuarine shoreline, estuarine
water, and public trust areas. All bulkhead construction shall be
prohibited. All commercial and industrial development will be discouraged
within the Town of Caswell Beach.
(b) Caswell Beach opposes the construction of any signs in the coastal
wetlands conservation area.
5. Marine Resource Areas:
(a) Caswell Beach supports the use standards for estuarine and public trust
areas as specified in 15A NCAC 71-1.0207.
(b) Caswell Beach reserves the right to review and comment on policies and
requirements of the North Carolina Division of Maine Fisheries which
govern commercial and recreational fisheries and activities, including
trawling activities.
(c) The Town of Caswell Beach supports the designation of its beach area as
a sea turtle sanctuary by the State of North Carolina.
(d) The Town of Caswell Beach discourages the construction of any drainage
ditches which discharge directly into primary nursery areas.

C.
6. Peat or Phosphate Mining
There are no peat or phosphate deposits located within Caswell Beach's planning
jurisdiction.
7. Off -Road Vehicles
Caswell Beach prohibits off -road vehicles in the beach and dune areas, under the terms
of a town ordinance adopted November 6, 1975. This ordinance excludes emergency
vehicles.
ECONOMIC AND COMMUNITY DEVELOPMENT POLICY STATEMENT
General: Caswell Beach will support growth and development only at low densities,
consistent with the town's R-8 and R-12 zoning classifications.
1. Water Supply
There are no significant constraints to development or land development issues relating
to the town's potable water supply. The county's water system should continue to
provide adequate water supply throughout the planning period.
(a) The town supports the regional concept of water distribution in Brunswick
County.
(b) The town will require users or property owner to pay for the expense of
connecting to the public water system.
(c) The town will require developers of new subdivisions to install water lines
at their own expense.
2. Sewer System
The Town of Caswell Beach supports the development of central sewer service and
believes the most practical way to develop such a system is to include all of Oak Island:
Long Beach, Yaupon Beach, the N.C. Baptist Assembly, and the Oak Island Coast Guard
Station.
3. Stormwater
Caswell Beach will cooperate with NCDOT, the North Carolina Division of Environmental
Management, and other state agencies in mitigating the impact of stormwater runoff on
all conservation classified areas. The town will support the Division of Environmental
Management stormwater runoff retention permitting process through its zoning permit
system.
4. Energy Facility Siting and Development I
(a) There are no electric generating plants located in Caswell Beach's
planning jurisdiction, therefore, no policy statement is necessary.

1
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1
1
However, the CPBL discharge canal does extend through Caswell Beach.
The town requests full disclosure of any plans to alter or add to the use
of the canal.
(b) In the event that off -shore oil or gas is discovered, Caswell Beach will not
oppose drilling operations and onshore support facilities in Brunswick
County for which an Environmental Impact Statement has been prepared
with a finding of no significant impact on the environment. Caswell Beach
supports and requests full disclosure of development plans, with mitigative
measures that will be undertaken to prevent adverse impacts on the
environment, the infrastructure, and social systems of Brunswick County.
Caswell Beach also requests full disclosure of any adopted plans.
Offshore drilling and development of onshore support facilities in
Brunswick County may have severe costs for the town and county as well
as advantages. The costs must be borne by -the company(ies) which
profits from offshore drilling and onshore support facilities.
5. Redevelopment of Developed Areas
The only significant redevelopment issue facing Caswell Beach through 2000 would be
reconstruction following a hurricane or other natural disaster. The town will allow the
reconstruction of any structures demolished by natural disaster which will comply with all
applicable local and state regulations. The town will not spend any local funds in order
to acquire unbuildable lots but will accept donations of such unbuildable lots. Caswell
Beach will work with any owners who may have to move any threatened structures to
safer locations. The town will support reconstruction only at densities as specified by
current zoning regulations.
6. Estuarine and Ocean Access
Caswell Beach supports the state's shoreline access policies as set forth in 15A NCAC
7M. The town will conform to CAMA and other state and federal environmental
regulations affecting the development of estuarine and ocean access areas. The town
believes that its existing ocean access parking area and five access walkways (one
unimproved) are adequate to meet pedestrian shoreline access needs.
7. Types and Locations of Desired Industry
Caswell Beach opposes industrial development of any type. This policy is supported by
the Caswell Beach zoning ordinance.
8. Commitment to State and Federal Programs
Caswell Beach is generally receptive to state and federal programs, particularly those
which provide improvements to the town. The town will continue to support fully such
programs, especially the following: North Carolina Department of Transportation road
and bridge improvement programs; the CAMA planning process and permitting programs;
and U.S. Army Corps of Engineers regulatory and permitting efforts.

9. Assistance in Channel Maintenance
(a) Caswell Beach will support efforts of the U.S. Army Corps of Engineers
and state officials to provide proper channel maintenance. However, the
town opposes the establishment of any dredge spoil sites within its
jurisdiction. The town encourages the use of acceptable spoil material for
beach nourishment. However, the town opposes any dredging of Jay Bird
Shoals or any other area which would encourage beach erosion.
10. Tourism
(a) Caswell Beach supports projects that will improve its existing public
access areas.
(b) Caswell Beach will continue to support the activities of the North Carolina
Division of Travel and Tourism.
11. Transportation
(a) Caswell Beach supports the maintenance of its two municipal roads,
Robert L. Jones Street and Jack B. Cook Road; and supports (although
not financially) the North Carolina Department of Transportation and
private development organizations in their efforts to maintain other roads
in the town.
(b) The Town of Caswell Beach supports the construction of a second bridge
to provide access to Oak Island.
(c) The Town of Caswell Beach supports relocation or other improvements to
Caswell Beach Road in the vicinity of the CP&L pumping station to lessen
or eliminate the problem of flooding and washout. The east end of the
town is isolated during such periods of flooding.
D. STORM HAZARD MITIGATION, POST -DISASTER RECOVERY, AND EVACUATION
PLANS
1. Storm Hazard Mitigation
In order to minimize the damage potentially caused by the effects of a hurricane or other
major storm, Caswell Beach proposes the following policies:
High Winds
Caswell Beach supports enforcement of the N.C. State Building Code. The town will
continue to enforce the State Building Code on wind -resistant construction with design
standards of 110 mph wind loads.

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Flooding
Caswell Beach is an active participant in the National Flood Insurance program and
enforces a Flood Damage Prevention Ordinance. Caswell Beach also supports continued
enforcement of the CAMA and 404 Wetlands development permit processes in areas
potentially susceptible to flooding. In reviewing development proposals, the town will
work to reduce development in areas susceptible to flooding. In addition, the town will
encourage the public purchase of land (with state or federal funds) in the most hazardous
areas.
Evacuation Plans
The town will coordinate evacuation planning with the Brunswick County Emergency
Management Coordinator. The town will encourage multi -family developments to post
evacuation instructions which identify routes and the location of available public shelters.
Implementation: Storm Hazard Mitigation
1) Caswell Beach will continue to enforce the standards of the State Building
Code.
2) The town will support enforcement of State and Federal programs which
aid in mitigation of hurricane hazards, including CAMA and the U.S. Army
Corps of Engineers 404 permit process, FEMA, as well as local
ordinances such as zoning and flood damage prevention regulations.
3) The town will discourage high density development in high hazard areas
through implementation of the town's zoning ordinance, utilizing low
density zones in those areas.
4) Caswell Beach supports the public acquisition (with state and/or federal
funds) of high hazard areas when voluntary acquisition can be
accomplished. The town discourages condemnation of land for this
purpose.
2. Post -Disaster Reconstruction Plan
In the event of a major storm, Caswell Beach will follow its Emergency Evacuation and
Re-entry Plan adopted May 11, 1989. A copy of the plan is available for review at the
Caswell Beach Municipal Building.

Appendix II
TOWN OF CASWELL BEACH FENCE POLICY
Permits for fences shall be secured from the Building Inspector prior to construction. Fences shall be
allowed in all zoning districts except conservation. In conservation areas the fence must have an
environmental purpose such as sand dune protection.
' Fences may be constructed in the rear yard. Rear yard shall be determined by locating the backmost
corner of the primary structure and at and along a 900 angle to the side property lines. The fence may
extend from this point with and along the perimeter of the side and rear lot lines. A fence surrounding
the rear yard may be six (6) feet in height but must be constructed in a fashion to satisfy the 110 MPH
wind velocity zone criteria.
A fence may be installed on the perimeter of the front yard at a height of no more than 42 inches.
A fence may not impede vision on a corner lot over a height of three (3) feet above the centerline grades
of the intersecting streets within the triangular area bounded on two (2) sides by the two (2) street
centerlines and on the third side by a straight line connecting points on the street centerlines located one-
half (1h) the street right-of-way width plus forty (40) feet measured from the intersection of the centerlines.
Individuals seeking a permit shall ensure that all fences shall be within the property lines.
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IAppendix 11: Fence Policy 1 '
11

tAPPENDIX III
TOWN OF CASWELL BEACH
POLICIES CONSIDERED BUT NOT ADOPTED
C. RESOURCE PROTECTION POLICY STATEMENTS
Physical Limitations
1 Sons
Policy: Caswell Beach does not oppose the installation of septic tanks within its planning
jurisdiction.
Implementation: Caswell Beach will rely on the Brunswick County Sanitarian to
regulate the installation of septic tanks.
Schedule: Continuing Activity.
1 Package Treatment Plant Use
Policy: The Town of Caswell Beach opposes the construction and usage of package treatment
plants.
Fencing
Policy: Except for sand fencing, the Town of Caswell Beach opposes the construction of
fencing (including fence lighting) in ocean hazard areas, coastal wetlands, estuarine
waters, and public trust waters. The repair or replacement of fencing existing on
October 1, 1990, shall be exempt from this policy.
Implementation: Caswell Beach will rely on its zoning ordinance to implement this
policy.
Schedule: Continuing Activity.
Bulkhead Construction
IPolicy: Caswell Beach supports bulkhead construction in estuarine shoreline areas.
1
Off -Shore Drillinu
Policy: Caswell Beach does not oppose offshore exploratory drilling for oil or gas. In the
event that oil or gas is discovered, Caswell Beach will not oppose drilling operations
and onshore support facilities for which an Environmental Impact Statement has been
Appendix III: Town of Caswell Beach Policies Considered But Not Adopted 1 '

prepared with a finding of no significant impact on the environment. Caswell Beach
supports and requests full disclosure of development plans, with mitigative measures
that will be undertaken to prevent adverse impacts on the environment, the
infrastructure, and the social systems of Caswell Beach and Brunswick County. The
town also requests full disclosure of any adopted plans. Offshore drilling and the
development of onshore support facilities may have severe costs for the town and
county as well as advantages. The costs should be borne by the company(ies) which
profit(s) from the offshore drilling and onshore support facilities.
D. RESOURCE PRODUCTION AND MANAGEMENT POLICIES
Recreation Resources
Policy: Caswell Beach opposes the construction of additional shoreline access facilities but
will maintain the existing facility located on Caswell Beach Road opposite the CP&L
pumping station.
Implementation: The town will be responsible for continuing maintenance.
Schedule: Continuing Activity.
Marine Resource Areas
Policy (b): The Town of Caswell Beach discourages the construction of any drainage ditches
which discharge directly into primary nursery areas.
Implementation: The town will utilize its subdivision ordinance to implement this
policy.
Schedule: Continuing Activity.
Aquaculture Activities
Policy: Caswell Beach does not object to aquaculture activities.
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Appendix III: Town of Caswell Beach Policies Considered But Not Adopted 2 1 1

L
APPENDIX IV
TOWN OF CASWELL BEACH
CITIZEN PARTICIPATION PLAN
PREPARATION OF LAND USE PLAN
FISCAL YEAR 1997-98
The Town of Caswell Beach has received a FY97-98 Coastal Area Management Act grant for
the update of its existing Land Use Plan. Adequate citizen participation in the development of
the Plan is essential to the preparation of a document responsive to the needs of the citizens of
Caswell Beach. To ensure such input, the following citizen participation program will be
utilized by the town.
The Planning Board will work with the town's planning consultant to ensure that the final
product will survey existing land use, identify policies, recommend strategies/actions, and
identify Areas of Environmental Concern. The plan will focus on issues expected to occur
during the planning period, including infrastructure needs, housing needs, transportation
planning, and environmental concerns. A completely new land classification map will be
provided. In addition, the town's planning consultant will prepare a citizen attitude/opinion
I survey for distribution by the town. Specifically, the planning consultant and the Planning Board
will be responsible for ensuring accomplishment of the following:
_= Establishment of policies to deal with existing and anticipated land use issues.
Preparation of a land classification map.
-- Preparation of hurricane mitigation and post -disaster recovery plans and policies.
Assessment of opportunities for participation in state and federal programs.
An updated Land Use Plan based on an effective citizen participation process.
The following schedule will be utilized:
1. October 9, 1997 -- The Board of Commissioners will adopt the Citizen Participation
Plan.
2. October 28, 1997 -- The Planning Board will conduct a public information meeting. The
meeting will be advertised in a local newspaper. The town will specifically discuss the
policy statements contained in the 1991 Town of Caswell Beach Land Use Plan. The
significance of the policy statements to the CAMA land use planning process shall be
described. The process by which the Town of Caswell Beach will solicit the views of
a wide cross-section of citizens in the development of the updated policy statements will
be explained.
3. October, 1997 -- begin identification of existing land use problems, develop
socioeconomic base data, and review community facilities needs.

4. November, 1997 / February, 1998 -- Continue preparation of a draft Land Use Plan and
conduct meetings with the Caswell Beach Planning Board. Prepare citizen
attitude/opinion survey. Distribute survey and compile results.
5. February, 1998 -- Present complete draft sections of the plan and preliminary policy
statements to the Caswell Beach Planning Board.
6. April 1, 1998 -- Review draft Land Use Plan with Board of Commissioners, conduct a
public information meeting for review of the proposed plan, and submit draft of
completed Land Use Plan to the Department of Environment, Health and Natural
Resources staff • for review and comment.
7. Following receipt of Coastal Resources Commission comments (estimate August, 1998)
-- Conduct a formal public hearing, and present proposed Land Use Plan to Board of
Commissioners for adoption.
All meetings of the Town of Caswell Beach Planning Board and Board of Commissioners at
which the update of the Land Use Plan will be discussed will be advertised in a local newspaper
as a display ad. In addition, a public service announcement will be mailed to local radio stations
and posted in the Town Hall. All meetings will be open to the public. The town will encourage
and consider all economic, social, ethnic, and cultural viewpoints. No major non-English
speaking groups are known to exist in Caswell Beach.
10/ 10/97
LANDUSE\CPP.CASWELL

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APPENDIX V
Caswell Beach Citizen Survey
Summary of Responses
296 Total Responses
1. Check the appropriate resident status.
77/296
- 26.0%
Year Round Resident
138/296
- 46.4%
Seasonal or Second Home Resident
76/296
- 25.7%
Non-resident
5/296
- 1.7%
No Response
2. What type of dwelling do you occupy?
136/296
- 45.9%
Single Family
11/296
- 3.7%
Duplex
115/296
- 38.9%
Condominiums
22/296
- 7.4%
None
12/296
- 4.1 %
No Response
3. Do you own other property at Caswell Beach?
55/296
- 18.6%
Yes
224/296
- 75.7%
No
17/296
- 5.7%
No Response
If yes, what type of property?
Average/Smallest/Largest
13/57
- 22.8%
Single Family
How many?
1/1/1
2/57
- 3.5%
Duplex
How many?
1.3/1/2
14/57
- 24.6%
Condominiums
How many?
1.1/1/2
27/57
- 47.4%
Undeveloped Lots
How many?
1.4/1/5
1 /57
- 1.7%
Undeveloped Land Tracts How many acres?
No response
4. Do you rent any developed properties to others?
99/296
- 33.4%
Yes
177/296
- 59.8%
No
20/296
- 6.8%
No Response
If yes what type of property do you rent?
Average/SmallesdLaigest
40/99
- 40.4%
Single Family
How many?
1/1/1
2/99
- 2.0%
Duplex
How many?
1.5/1/2
54/99
- 54.5%
Condominiums
How many?
1.1/1/2
3/99
- 3.0%
No Response
5. How many persons are normally living in your household when you reside at Caswell
Beach?
Average/Smallest/Largest
2.9/1/10

6. If you are not a permanent resident do you have plans to move to Caswell Beach
permanently in the future?
50/219 - 22.8% Yes
89/219 - 40.6% No
80/219 - 36.5% No Response
If yes, within what time frame?
5151 - 9.8% One Year
8/51 - 15.7% Three Years
27/51 - 52.9% Five Years
11151 - 21.6% 10 Years or More
7. Generally, do you approve of the current mix of land uses now at Caswell Beach? (Present
land use at the beach is almost wholly residential with condominiums developing near the
west end, and single family residences along the beach strand).
280/296 - 94.6% Yes
6/296 - 2.0% No
10/296 - 3.4% No Response
What types of services do you think are needed in Caswell Beach?
Service Number of Responses
City Sewer 59
City Water 12
No More Services 12
Beach Renourishment 10
Work on Beach Erosion 6
Beach Maintenance 5
Fire Department 4
Beach Cleanup 3
Beach Restoration 3
Mosquito Control 3
Police 3
Recycling 3
Beautification 2
Better Restaurant 2
Garbage Collection 2
Police Patrols 2
Recreation Center 2
Restrooms at the Beach 2

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8. (Cont.)
Services Number of Responses
Tire Cleanup 2
Wastewater Disposal 2
Wastewater Treatment System 2
Ambulance Service 1
Beach EMS 1
Beach Improvements 1
Beach Preservation 1
Beach Road Erosion Control 1
Better Mail Service 1
Bike Path 1
Boat Access 1
Clean Beach Weekly 1
Elderly Transportation Van 1
Enforce Condemnation Laws 1
Enforce Dog Laws 1
Fewer Police 1
Fitness Facilities 1
Fix Depression in Beach Road 1
Fix Flooding on Beach Road 1
Food Stores 1
Garbage Cans Placed Behind Houses 1
Handicap Access to the Beach 1
Higher Erosion Walls 1
Improve Ambulance Service 1
Improve Beach Walkways 1
Improve Beay Management 1
Improve Environment 1
Improve Road Drainage 1
Life Guards 1
More "Keep Off The Dunes" Signs 1
No More Septic Tanks 1
Ocean Sailboat Access 1
Periodic Beach Sweep 1
Porta-John's at the Beach 1
Public Multimedia Computers 1
Refined Map for EMS 1
Remove Stumps at the Beach 1
Rescue Squad 1
Sidewalk by the Main Road 1
Speed Traps 1
Support Brunswick Co. Airport 1
Walking Path 1
Wider Bike Path 1
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8. (Cont.)
Services
Number of Responses
Work on Beach
1
Zoning Inspections
1
9. What types of land uses do you think should be curtailed?
Land Usage
Number of Responses
Commercial
77
Condominiums
28
Multi -Family
26
High Rises
17
Hotels
11
Motels
8
High Density
7
None
6
Anything on the Beach Strand
5
Manufactured Homes
4
Three Story or More Buildings
4
Businesses
3
All Developments
2
Allow only Residential
2
Allow Only Single Family
2
Amusement parks
2
Beach Front Condos
2
High Rise Condominiums
2
Major Commercial Developments
2
Paved Driveways
2
Residential Developments
2
Apartments
1
Arcades
1
Beach Access
1
Beach Development
1
Building in Wetlands
1

1
1
9. (Cont.)
Services
Number of Responses
Building Near Beach
1
Commercial Used as Residential
1
Condos Over 2-3 Stories
1
CP&L Parking Lot
1
Further Building
1
Honky-Tonks
1
Huge Condominium Developments
1
Industrial
1
Large Condominiums
1
Larger Retail Stores
1
Malls
1
Mixed Uses Beside Each Other
1
Multi -Story Condominiums
1
No Changes
1
No Development Within 85
Feet of the High Water Line
1
Oak Island Villas
1
Park for Children
1
Public Parking
1
Recreational
1
Restaurants
1
RV's
1
Sea Walls
1
Stores
1
Too Small Houses
1
Trailer Parks
1
10. Do you approve of the present zoning
controls in Caswell Beach?
272/296 - 91.9%
Yes
10/296 - 3.4%
No
14/296 - 4.7%
No Response
11. If no, what changes would you like to see made?
a. Rezone commercially zoned Oak Villas to multi -family.
b. Stop commercial and multi -family development.
C. Reduce residential density and further limit commercial use.
d. No more than three dwelling units per acre.
e. Single family units allowed on oceanfront only.
f. Stick to the thirty-five foot height restriction.
g. Oak Island Villas should be rezoned residential.
h. Limit further development to only existing "buildable" properties.
i. Some buildings are forty-five feet tall.
j. Rezone Oak Villas to residential.
k. Permit no more exceptions to the rules.

12. Listed below are possible shore access and recreation needs the town may address. Please
rank your choices with "1" being most important. Leave an item blank if you do not feel it
is needed.
Average # of times left blank
1.54 Improve existing ocean access. 169
1.68 Other 259
1.91 Create a town park/beautification area. 186
1.95 Build water and marsh side accesses. 198
2.28 Build a boat access ramp for small sail boats
only at the existing public parking areas. 209
List of other things:
Clean up the trashcans.
Restrooms at public parking.
Handicap access to beach.
Make ramp for all boats.
Improve beach.
Replant Crepe Myrtles.
Keep town primitive.
Limit beach access.
Park areas.
Maintain ocean access.
Mark beach access clearly.
Sidewalks.
Restore walkway at Caswell Dunes.
Bike/Walking paths.
Improve present beach access.
Create a bird sanctuary.
Better handicap accesses.
Plant trees and vegetation.
Beach renourishment.
One beach access per block.
Add two or three beach walkways.
Make a bike path like Long Beach's.
As is no changes.
Restore Caswell walkway.
Sidewalk/Bike path on the main road.
Bike path.
Permanent bathrooms at the beach.
Landscape townhall.
Increase dune maintenance.
Beach renourishment.
Increase ocean access.
Sidewalk beside the main road.
Pavilion.
Shower at beach access.

' 12. (Cont.)
List of other things:
Finish handicap ramp.
Keep beach in good shape.
Picnic pavilion.
Comments:
a. A good location for a park would be next to Oak Island Villas on Jones Street.
b. Continue the beautification of the beach.
' 13. The 1990 Caswell Beach Land Use Plan included a policy statement that expressed support
for the construction of a multi jurisdictional wastewater and collection facility. Taking into
' consideration that the town has a low growth policy, supported by zoning and building
ordinances, would you:
(1) Include this statement in the 1997 Land Use Plan Update?
184/296 62.2% Yes
58/296 - 19.6% No
54/296 - 18.2% No Response
(2) Provide an alternative for consideration?
a. Tap into the Yaupon Beach sewer system.
b. Oak Island needs a single sewage treatment system with no septic tanks.
C. An Oak Island sewer system.
d. No septic tanks.
e. Multi jurisdictional that would cause all new buildings to meet a septic
guidelines.
f. Take over Caswell Sewer Service plant.
g. Least costly to taxpayers.
h. Area or county waste water collection and management.
i. Mandatory inspection of all existing septic systems.
j. Wastewater collection and treatment facility. With the slow growth of the
' island this should be fine.
k. Consolidate all of Oak Island into one community. Work with the other
municipalities. This would be more feasible.
' 1. Connect with the Long Beach Rd. Southport system.
M. Wastewater collection may be needed but will not fit in Caswell Beach.
n. Have town take over Arboretum/Ocean Greens/ Caswell Dunes sewer plant.
' o. Use Ocean Greens facilities.
P. Make an Oak Island Sewer system. One sewage system for the entire island.
' 14. Would you be willing to pay a fair share of the cost for beach renourishment projects within
the town?
' 177/296 = 59.8% Yes
87/296 29.4% No
32/296 - 10.8% No Response

If yes, how should the cost be paid?
Method of Payment
a. Occupancy tax.
b. Property tax.
c. Direct assessment against individual properties based on
cost per front foot.
d. Bonded Indebtedness.
e. Other
List of other methods of payments:
a. Federal Funds
b. State Funds
C. County Funds
d. Government funds.
e. Beachfront pay more.
f. Beach owners.
g. CP&L funds.
h. Divide between all residents.
i. Equal among all citizens. Everyone benefits from the beach.
j. Fundraising. Maybe a golf tournament.
k. Shared grants.
Number
of Responses
77
74
15. Should the town pursue the adoption of an ordinance to regulate jet skis?
222/296 - 75.0% Yes
50/296 - 16.9% No
24/296 - 8.1 % No Response
Comments:
a. Especially with regards to children.
44
38
18
8
6
3
2
1
1
1
1
1
16. Would you support the spray application of treated wastewater effluent as a means of
disposing wastewater on private property in Caswell Beach?
136/296 - 46.0% Yes
97/296 - 32.8% No
63/296 - 21.2% No Response
Comments:
a. Would not want this near homes.
b. As long as there is no odor.
C. If no odor.
d. With study possibly.
e. Odor Concern.
f. Caswell not Yaupon.
g. As long as no foul smell.
h. Need to know more.
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17. The town of Caswell Beach currently owns and operates its own municipal water system
should the town(please check one):
Options for the Water System Number of Responses
Form some type of multi jurisdictional ownership arrangement 89
Retain ownership indefinitely 87
Convey ownership to the county. 61
General comments:
a. The water system should meet requirements at 100% lowest cost.
b. Direct assessment for renourishment should be weighed heavier for beach front
owners.
C. The main road is falling into the sea. We need to have ready alternatives in case of
an emergency.
d. Need to be more strict about dog owner's cleaning up their per's feces.
e. The decision on the water system should be based on long term economics.
f. There is no more land to develop.
g. Turning ownership of the water plant over to the county would relinquish control to
the county.
h. I would consider to share the cost of renourishment for my property only.
i. Every would should try first to stop erosion by planting sea oats and vegetation
instead of relying on renourishment.
j. Residents should have a free membership to the Golf Club.
k. We love it just as it is.
1. Spray applications as long as it is not a health hazard to humans or the environment.
M. It is "dumb" to have 3 cities on the island. Consolidate into one town.
n. Willing to contribute to renourishment if the illegal barricade at honeypaw is torn
down.
o. Restrict and be more strict on vacationers.
P. Consider closing the public parking areas at night to keep the undesirable elements
from causing trouble
q. Build a main road that does not have to be rebuilt every 8 to 10 years.
r. Solve the septic tank problem! Thanks for all the good work Caswell Beach!
S. Would want the least expensive option for the water.
t. Revitalize the beach to the point were it is as stable as possible.
U. Should not renourish the beach so owners don't lose property, but should do it to
save the beach.
V. Restrict the number of renters on a property to that property's septic capacity.
W. In 3 months I pay $120 without using any water. The water needs to be less
expensive.
X. Need more information on the water system options before I can make a decision.
Y. Cut costs by having one garbage pickup per week in the winter.
Z. People who own lots should have top pick up the debris in their lots.
aa. Keep it simple so we can afford to live here!
bb. New to the area need more information so that I can make decisions on these matters.

cc. Please don't do anything to bring anymore 1 day visitors. Its all ready bad enough
as it is.
dd. I trust the commissioners to decide the best options for us.
ee. Force the owners of "Honeypaw" to demolish the house and the retaining wall.
ff. Consider contracting out the police force to Yaupon or Long Beach to cut costs.