Land Development Plan Update-2000

UDCM COPY
b Please do not remove.
Division of Coastal Management Copy
TOWN OF ATKINSON LAND DEVELOPMENT PLAN UPDATE
Prepared by the Town Board of
Commissioners with the
Technical Assistance of
Coastal Consultants, Ltd.
n
The preparation of this report was financially aided through a
federal grant from the National Oceanic and Atmospheric Administration.
This grant was made through the North Carolina Department of Natural
Resources and Community Development.

I
r
TABLE OF CONTENTS
1.1 Method of Assemblage . . . . . . . . . . . . . . .. .
1.2 Major Conclusion of Plan (Executive.Summary) . . . . . . . .
Part I: Fxisting Conditions . . . . . . . . .
2.1 General Description . . . . . . . . . . . . .
2.2 Population . . . . . . . . ... . . . . . . .
A. Total Population and Change . . . . . . . . . . . . . .
B. Age, Race, Sex Profile . . . . . . . . . . . . . . .
C. Income and Employment . . . . . . .
2.3 Economy: Industry and Commerce . . . . . .
2.4 Economy: Agriculture, Fishing, Forestry, Tourism . . . . .
2.5 Seasonal Population (see 2.2) . . . . . . . . . . . . . . .
3.1 Existing Land Use: . . . . . . . . ,
3.2 Significant Land Use Compatibility Problems . . .1. . . . .
3.3 Problems from Unplanned Development . .
3.4 Areas Likely to Experience Changes in Predominant Land Use .
3.5 Areas of Environmental Concern (AECs) . . . . . . . . .
4.1 Summary of Existing Local Plans and Policies . . . . . . .
4.2 Summary of Existing Local Ordinances . . . . . . . .
4.3 State and,Federal Licenses and Permits . . . . . . .
Part II: Constraints to Development . . . . . . .
5.1 Land Suitability: Physical Limitations 1 . . . . . .
A. Soils . . . . . . . . . . . . . . . . . . . . . . . .
B. Slope . . . . . . . . . . . . . . . . . . . . . .
C. Hazard Areas . . . . . . . . . . . .
D. Sources of Water Supply . . . . ... . . . . . . . . .
5.2 Land Suitability: Fragile Areas . . . . .
5.3 Land Suitability: Areas with.Resource Potential . . .
6.1 Capacity of Community Facilities
A. Water and Sewer . . . . . . . . .
B. Roads . . . . . . . . . . . . . . . . . . .
C. Schools . . . . . . . . . . . . . . . . .
D. Medical Services . . . . . . . . . . . . . . . . . .
E. Police and Fire . . . . . . . . . . . . . . . .
F. Solid Waste . . . . . . . . . . . . . . . . . . . . .
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Page
Part III: Capacity Analysis . . . .
. . 30
t
7.1
Population Projection . . . . . . . . .
30
7.2
Future Land Use Need . . . . .
30
A. Land Available for Development . . . . .
. . 31
B. Methodology . . . . . . . . . . .
31
C. Projection
7.3
. , , . .
Community Facilities Demand . . . . . . . .
32
33
Part IV: Policy Formulation . . . .
. . . . 34
8.1
Resource Protection . . . . . . . . . .
. . 34
A. Areas of Environmental Concern . . . . . . .
. . . 34
B. Water Quality . . . . . . . . . . . . . .
. 35
. . '
C. Other Resources . . . . ... . . . .
. 37
. . '
D. Soils . . . . .
37
8.2
Resource Production and Management . . .
. . . 38
A. Agriculture . . . . . . . . . . . .
. 38
B. Forestry , . . . ....
' ' 39
8.3
Economic and Community Development . . . . .
39
A. Development . . . . . . . . . . . .
42
B. Services . . . . . . . . . . . .
42
C. Water and Sewer . . . . . . . . . . .
43
D. Recreation . . . . . . . . . . . . . . . . . .
. . . . 44
Part V: Public Participation . . . . . 44
9.1 Discussion and Policies . . . . . 44
9.2 Values and Attitudes of Property Owners . . 46
9.3 Committment to State and Federal Programs . . . . . . . _ _ 50
Part VI: Land Classification . . . . . . . . . 48

t
1.1 Method of Data Assemblage
i This land development plan represents a refinement of information
and policies adopted by the Town of Atkinson in their 1976 Land Use
Plan prepared under guidelines of the Coastal Resources Commission.
The goals of this plan include the assembling and interpreting of infor-
mation concerning the Town and placing that information into a local
(township), regional (county) and State perspective. This information
includes population, economy, housing, the environment, land use,
services, facilities, growth and the like. This information was col-
lected from various sources, including Local, State and Federal documents,
reports and studies,such as reports of the Bureau of the Census, the
State Office of Management and Budget, the Soil Conservation Service,
the State Department of Natural Resources and Community Development,
etc. The sources also reflect information available in the 1976 Pender
County Plan and information obtained from the County Planning Department
and other County agencies. It is also a culmination of numerous inter-
views with local personalities and some original research by the
consultants. All of this information was brought together in this plan
and was used by the Town Board of Commissioners in developing policy
alternatives and selecting a course of action to shape future land
development.

37
TABLE 8
ENDITURES OF CONVENTION CENTER VISITORS
IN SEVEN CENTERS IN NORTH CAROLINA (1981)
Total Collections from all centers
Total Convention days
Total Delegates
Average Expenditures Per Delegate
Break down of Expenditures:
Accommodations
Restaurants
Gas
$12,338,000
58,972,000
9,498,000
$1,522,000,000
4,086
528,000
$73.27/day/delegate
e
Source: Travel Survey, 1981, prepared by Dr. Rulson.
North. Carolina Department of Commerce.

2
1.2 Major Conclusion of the Plan
The Town of Atkinson arrived at a point in time where an important
decision needed to be made concerning the future direction of the Town
in terms of growth and development. The Town has in the recent past
shown a relative stagnation of development and some decline in popula-
tion. This has been due primarily to a lack of local job opportunities
and lack of a growth attitude on the part of many residents.
Recently, however, the costs of materials and services which the
Town provides has continued to increase in cost, while the tax base has
not grown. The Town has concluded that the provision of even minimal
services will force continued increases in the tax rate over the fore-
seeable future. Furthermore, a lack of growth would continue to prevent
desired amenities and services and additional scatteration of families.
The Town has, therefore, prepared a Land Use Plan in which policies
are oriented in a more agressive posture toward growth and development.
Key elements in the future direction of the Town include development of a
zoning ordinance and subdivision regulations, development of a public
water system, a committee to seek out potential job producing and tax base
increasing industrial,commercial and institutional establishments, and
facade improvements for existing structures.
It is hoped that active implementation of the policies of the Plan
will further growth and development of the community.

3
PART I: EXISTING CONDITIONS
i
2.1 Background
The Town of Atkinson was settled in 1882 as a result of the
establishment of a railway station on the Cape Fear and Godwin Valley
Railroad. The Town was incorporated in 1909.
Agriculture formed the basis of the community,and the Seaboard
Coastline Railroad ran regularly through the Town establishing the
Town as a center for the marketing and transfer of the area's agricul-
tural products. The railroad no longer runs through Atkinson, and
farming is no longer the principal occupation.
Several industries have located in the surrounding area, and many
persons commute to their jobs While living in Atkinson. Some of the
residents are employed in retail establishments in town, and a few
still farm.
Burgaw is the nearest urbanized area where residents of Atkinson
often travel for goods and services. Wilmington is the closest large
city (about 40 miles).1
1Coastal Zone Resources Corporation, Land Use Plan for the Town
of Atkinson, 1976.

4
2.2 Present Conditions: Population
The Town of Atkinson, Caswell Township (of which it is a part),
Pender County -- all are losing population. The loss of population for
the Town, unlike that for the County, was unexpected. In 1970 about
325 people lived in the Town of Atkinson. The North Carolina Office of
Budget and Management predicted on the basis of birth, death and migra-
tion rates that the 1980 population would pass 376 people. Preliminary
information from the 1980 Census indicates that the official population
will be about 283 people.
A contrast of population at the Town, Township, County and State
levels demonstrates the following:
TABLE I
A.
POPULATION
CHANGES, 1960-19802
Town of
Atkinson
Caswell Township
Pender County
Year
Population
% Growth
Population %
Population %
1960
302
----
1171 ----
18,193
1970
325
7.6%
1023 -12.6%
18,149 -1.9%
1980
283
-14.8%
Of particular note, every township in Pender County except Burgaw
and Topsoil lost population in the period 1960 to 1970. The fact that
Atkinson gained population to 1975, or was.expected to gain population
to 1980 stands out as significant.
The Town of Atkinson constitutes one of two enumeration districts
for the Township of Caswell. For this reason, a more detailed analysis
of the race, age, sex, social and economic aspects of the population of
2North Carolina Office of Management and Budget

5
j
the Town, as well as a comparison of the Town to the rural area surround-
ing it, and of the County is possible. According to Census information,
the Town of Atkinson is almost totally white, is heavily employed in
wholesale and resale trade and publicadministration, has a significant
number of professional, technical, clerical and service workers, has a
fairly good average family income, and a lower expected number of
families on public assistance.
The details are as follows:
TABLE 2
RACIAL COMPOSITION (By Percent), 19703
Race Town Township County State
White 100% 58% 56% 75%
Black 0% 42% 44% 23%
TABLE 3
AVERAGE ANNUAL INCOME PER FAMILY, 19704
Atkinson Caswell Twp. Pender County State
$7,800 $5595 $6435 $8872
z TABLE 4
PERCENTAGE OF FAMILIES BELOW POVERTY LEVEL,S
1970
Atkinson Caswell Two. Pender County State
17.4% 26.1% 28.8% 16.3%
3Adaptation of Data from North Carolina Office of Budget and
Management and Bureau of Census
i 4lbid.
SIbid.

TABLE 5
B. AGE AND SEX
PROFILE OF POPULATION, 19706
Age
No. Males
No. Females
Total
0-4
10
21
31
5-14
21
16
37
15-24
32
40
72
25-34
27
14
41
35-44
13
21
34
45-54
35
30
65
55-64
14
30
44
65+
6
26
32
Total
158
198
356
The age and sex profile demonstrated that in 1970, the Town had a
very small 15 years of age and under population. However, the 0-4 age
group has doubled the number of the preceeding 5-year periods. This
probably reflects.the effects of a large number of women in the 15-24
age group. How will the number of women in the advancing age classifi-
cations affect the population and the services? It is not possible to
determine this from Town data alone. The data from Caswell Township
indicates a very large 5-14 age group, especially females; a very large
male 55-64 age group, and approximately 85 persons above 65. This would
tend to indicate that given a low mobility rate and a normal amount of
intermarriage between the Town and its immediate environs, that the birth
rate should remain fairly steady. However, the Town will probably
experience a sizeable 65-years and older population during the 1980s.
6Bureau of Census

7
Atkinson compares favorably with the State, rather than the County,
in terms of income and poverty level. From data available at the town-
ship level, we note that the median age of Caswell Township is 28.7
years, that 36.9% of the people are under 18 years of age and 11.6% are
i over 65 (1970 data). The average house size was 3.25 persons per house.]
This data suggests that the Township is slightly older, but exhibiting
the same house size as the State. The large percentage of Blacks in the
Township and the high average house size of this group, namely 3.93
persons per house, offset the aging population. The Town of Atkinson,
without a high house size but with the aging population of the Township,
should have been expected to lose age, unless the migration rate
was high. We should note that the median population for Pender County
in 1970 was 27.4 years, that 10% of the residents were over 65 years of
age and that 36.8% were under 18 years.8 Looking from the County per-
spective (anticipating some local movement), we note that one of the
largest groupings of population occurs in the 40 to 55 age group (1970),
now 50 to 65 age group. Another heavy grouping in the the 5 to 19 age
group also bears watching. About 25% of this age group is composed of
Black females (the 15-25 year age group of 1980). By way of comparison
this group constitutes well under 20% of the 40 to 55 age group in
1970. General prognosis: the Town of Atkinson will probably not share
in population gains of the County because it is predominantly white, too
removed from Wilmington, without local industry to spur migration, and
too old.
]Bureau of Census
8Pender County Land Use Plan, 1976; Bureau of Census.

0
This prognosis of course implies no migration. Migration reflects
dissatisfaction with conditions at home --inability to find work, unde-
sirability of the life style, etc.--; it also reflects -- new jobs,
better education and more qualified work force, etc.
Although Pender County is below the State average in terms of the
percentage of persons who have migrated to the jurisdiction within the
past 5 years (1970 statistics), the County experienced significant
migration, namely 11.3%.9 Of those living in the County, 90.5% were
born in the State.10 A very low percentage of the high school age
children (compared to State data) were in school; furthermore, the
average number of years of school completed in the County was only 9.8
years11 in 1970. Unless factors shaping migration change, the rate of
migration has probably remained about the same. One interesting statis-
tic is the number of persons who worked in a different county (in 1970),
namely 52.4%.12 This is an extremely high number and reflects probably
several factors, namely a shift in the local economy from being an
agricultural community to a suburban or bedroom community of Wilmington.
It also reflects a lack of jobs in the home county. This may also
mean that the County's in -migration may reflect a number of persons
working outside the county seeking a more traditional lifestyle and
setting for raising a family. Atkinson is perhaps too removed to be
a favored bedroom community to Wilmington.
A further dimension can be gained on the situation if we examine
the employment characteristics of the Town, Township, County and State.
9Bureau of Census
10Ibid.
11Ibid.
12Ibid.

F1
TABLE 6
C. EMPLOYMENT
CHARACTERISTICS
(Percentages ofl3
persons
employed), 1970.
Rest of
Type Employment
Atkinson
Township
County
State
Professional
10.4
2.6
7.4
11.0
Managers
9.4
3.7
6.3
7.5
Sales
6.1
1.9
3.7
6.0
Clerical
19.8
5.2
9.1
14.0
Craftsman
12.7
12.6
15.2
14.5
Operatives
25.9
27.5
20.6
22.4
Transport Equip.
--
--
4.7
3.9
Laborers
--
4.8
8.3
5.0
Farmers
6.1
14.5
4.8
2.6
Farm Laborers
--
13.8
7.3
2.0
Services
9.4
13.4
10.0
8.6
Private Hsehld
--
--
2.5
2.4
Any analysis of the above data shows that Atkinson's attractiveness
is for professionals, managers, clerical, and services. The presence
of clerical and service jobs probably indicates a higher degree of
secondary income for the family from the female sector. Thus, the
higher family income. Interestingly enough, the rural township surround-
ing the Town is very heavily farm and farm laborers indicating a distinct
difference in the communities. The 1976 County Land Use Plan noted a
sharp decline for the farm community in the County.
13North Carolina Office of Budget and Management.

Conclusion
The County and.Township of Caswell are losing population because
they are rural farm oriented at a time when we are experiencing migra-
tion from these occupations.
r
Atkinson's population is aging and showing little reason for
increasing as a result of in -migration. Declining birth rates in the
white population will probably result in decreasing populations for the
near future.
This prospective, unless altered through planning policies, will
probably result in higher costs for basic services through a gradually
declining economy of scale.
When the fuller analysis is available from the 1980 Census. a more
accurate prediction of trends and impacts will be possible.

11
2.3 Present Conditions: Economy
The economic condition of the Town can be judged by a number of
factors. These include number of persons in the work force, diversity
of labor, income from employment, and the tax benefits created by
local industry.
Atkinson does not have any locally based industry. Furthermore,
only a few commercial establishments exist.
The profile for Town residents by industry is as follows:
TABLE 7
EMPLOYMENT OF PERSONS 14 YEAR AND OLDER
BY INDUSTRY, 1970
Town Township
Industry Percent of Total Employment
Construction 8.5% 10.0%
Manufacturing 24.5 30.5
Transportation 2.4 --
Communications -- --
Whlsle/Retail Trade
23.1
12.6
Finance
4.2
8.2
Professional
5.7
6.3
Educational
8.5
--
Public Administration
17.0
--
Other
6.1
32.3

12
2.4
Agriculture
Although a portion of the Town and areas close to the Town are in
agriculture use, the importance of this use to the economy of the Town
is declining.
Fishing
The Town has no commercial fisheries. The Town is not connected
to important sport fishing facilities.
Forestry
A limited amount of forestry is occurring within the Town. Litter
and truck noise are a problem incompatible with residential uses.
2.5 -Seasonal Use
The Town does not have any significant seasonal population.
Tourism
Tourism is not immediately important to the Town's economy.
Those persons who are employed in manufacturing are probably coconut-
ing daily to Burgaw or to Wilmington -New Hanover County. The large
employment in wholesale/retail trade, education and public administration
reflect a mixture of local opportunities and those provided in neighbor-
ing towns and cities. According to the 1970 Census 47.6% of the persons
who lived in Pender County and worked, worked in another county.
In terms of future attractiveness to industry, the County had (in
1970) low scores in terms of number of school years completed (9.8 years
compared to 10.6 Statewide) and in terms of the percentage of persons
between 14-17 years of age who were going to school (81.5% compared to

13
88.9% Statewide.) The County is anticipating improvements to the road
network connecting Wilmington with the Piedmont.
3.1 Existing Land Use: General Description
r—
The urbanized land uses in the Town (e.g. residential, commercial,
recreational, public and institutional land) is found mixed in four
quadrants for a distance of about I mile from the central intersection
of NC53 and SR1126 which form the crossroads of the Town. Further out
from these four quadrants are lands mostly in forest and some agricul-
ture. The commercial use is in strip development along NC53 (See Map A).
There is presently no industrial use within the Town.
The following are approximate acreages occupie& by categories of
land use.
Land Use Acres
Residential 82.59
Commercial 2.78
Institutional 13.45
Recreation .30
Agriculture 167.97
Forest and Open 372.91
Total 640.acres
3.2 Significant Land Use Compatibility Problems
Few land use compatibility problems exist in the Town. The limited
commercial development along NC53 does not present problems to the few
residents who live near to the commercial establishments.

14
The greatest concern is the movement of traffic through the Town
on NC53. Such traffic presents noise problems. Although the speed
limit of 25 MPH exists in the Town on NC53, the one-man police force
cannot realistically enforce the limit on a regular basis. The Town
continues to seek additional assistance from the County Sheriff for
speed limit enforcement. Also, the Town is attempting to get the state
to place a higher priority on resurfacing of NC53.
Agricultural uses are found mostly in the periphery of the Town
and do not cause significant problems to residents.
3.3 Problems from Unplanned Development
Many of the Town's street are dead-end streets, making it diffi-
cult for police and fire services to move from one north -south street to
another. The dead-end streets could also be a problem should the com-
munity decide to construct water and sewer facilities in the future.
Due to the limited budget of the Town, however, the Town has found it
necessary to delay the opening of planned street connections until develop-
ment justifies such action.
Since the railroad tracks were taken up in Town, the streets along the
west side of the railroad right-of-way do not connect. Although some ideas
have been mentioned for use of the railroad right-of-way, e.g. a part of a
state bike trail, no specific actions have occurred regarding the right-
of-way. The Homemakers Club of Atkinson is currently in the process of
landscaping some areas of the right-of-way.
Surface drainage problems have occurred throughout the Town's his-
tory. The Town has no subsurface drainage system, and 'drainage ditches
were never properly designed to take care of runoff. Furthermore, recent
0

clear -cutting of lands above the Town have caused an increase of runoff
through the Town. The Town has approached the U.S. Army Corps of Engineers
regarding assistance in taking care of the runoff problem. The Corps has
determined, however, that the nature of the problem is not within its
scope of assistance, During this fiscal year, the Town will continue
to investigate other sources for assistance, as well as work with Town
landowners, in working on local drainage problems.
Generally, soils in the area are not suitable for on -lot sewage
disposal. Problems with septic tank leachate have occurred due to the
density of residences on unsuitable soils.
Not having planned for utilities, such as a water system, has re-
sulted in a situation where little incentive exists to attract an in-
dustry, forcing residents of the Town to commute long distances, as well
as allowing for a continuing no -growth situation for the Town.

16
3.4
The Town's slow growth rate has resulted in few changes in land use.
Commercial development has been slow,meeting only the basic needs of the
Town's population. Townspeople have been reluctant to sell off portions
of their land for development.
Some of the Town's forest resources, however, have been harvested.
It is anticipated that some areas in the southwest portion of the Town
could be cleared of forest in the future.
An area (about 4 acres) in the westernmost part of Town, north of
NC53, has been cleared of timber and could be developed nonresidentially
in the future. Another area (about 5 acres) in the western part of Town
between NC53, Main Street, and Pope Street has been indicated as a po-
tential industrial site.
3.5 Areas of Environmental Concern
The Town presently has no areas of environmental concern within its
Jurisdiction. However, some areas within the one -mile estraterritorial
jurisdiction of the Town contain public trust waters as well as wetlands.
The Town does not intend to exercise estraterritorial zoning or plan
annexation within the ten-year planning period.
4.1 Current Local Plans and Policies
The Town continues to have a strong interest in planning. The first
land use plan for the Town was completed in 1976 with technical assistance
e

17
Although new policies have been developed as part of the 1980 Plan
update, the new policies are in many ways outgrowths of previous "ob-
jectives" and "standards." The Town continues to support the general
concepts of the following "objectives" and "standards" and in the up-
date, has more clearly stated policies and has indicated possible im-
plementation strategies.
OBJECTIVES AND STANDARDS OF ATKINSON
Objective: Atkinson will promote the continued gradual development of
the Town as a rural, family -oriented community.
Standard: 1) Public services, including police and fire protection,
solid waste collection, and medical and recreational
facilities will be planned for a population of 375 in
1980, 440 in 1990 and 525 in 2000.
2) The Town will encourage the location of future residen-
tial growth within the municipal jurisdiction; public
services supported by the Town with the exception of
fire protection will be provided only within the existing
municipal boundaries.
3) The Town will encourage the location of professional and
service businesses within the municipal jurisdiction.
4) The Town will discourage the location of industry within
the municipal jurisdiction, but will encourage light
industry location in more urbanized areas of Pender
County.
5) The Town will cooperate with Pender County, the Cape
Fear Council of Governments and the Community Develop-
ment Committee in order to coordinate planning efforts
and facilitate implementation of Town policies.

I
Objective: The Town of Atkinson will continue to try to eliminate any
health problems caused by the physical limitations of the
soils and drainage system.
Standards: 1) In order to correct any improperly functioning septic
systems, the Town will seek the assistance of County
Health Department personnel to determine the cause and
extent of ground and surface water pollution.
2) The Town will seek County cooperation in assuring the
proper maintenance of the drainage ditch system.
Objective: The Town of Atkinson will attempt to provide public recrea-
tion facilities for all its population.
Standards: 1) A recreation committee will be formed in order to survey
the recreational needs of the Town and to establish
priorities for recreational facility development.
2) The Town will endeavor to establish a Town Center to
house recreational, meeting and fund raising activities.
At the request of the Town Board a preliminary engineering report of the
feasibility of public water and sewer systems in Atkinson had been pre-
pared by Henry Von Oesen and Associates, Inc. in 1974. The Town has
not, however, taken action to implement a public water or sewer systeml5
4.2 Current List of Existing Local Ordinances
There are no zoning or subdivision regulations that apply to land
use in Atkinson. The County, however, enforces subdivision regulations
and health codes. In the Town's Code of General Ordinances in 1973 are
structural, lot size, and building location requirements in the Town.

IV
4.3 State and Federal Permits
STATE LICENSES AND PERMITS
Agency
Licenses and Permits
Department of Natural Resources and - Permits to discharge to surface
Community Development waters or operate waste water
Division of Environmental Management treatment plants or oil dis-
charge permits; NRDES Permits,
(G.S. 143-215).
- Permits for septic tanks with
a capacity over 3000 gallons/
day (G.S. 143-215.3).
- Permits for withdrawal of sur-
face or ground waters in
capacity use areas (G.S. 143-
215.15).
- Permits for air pollution
abatement facilities and
sources (G.S. 143-215.108).
- Permits for construction of
complex sources; e.g. parking
lots, subdivisions, stadiums,
etc. (G.S. 143-215.109).
- Permits for construction of a
well over 100,000 gallons/day
(G.S. 87-88).
Department of Natural Resources - Permits to dredge and/or fill
and Community Development estuarine waters, tidelands,
Office of Coastal Management (G.S. 113.229). ,

20
Department of Natural Resources and
Community Development
Department of Natural Resources and
Community Development
Secretary of NRCD
Department of Administration
Department of Human Resources
- Permits to undertake develop-
ment in Areas of Environmental
Concern (G.S. 113A-118).
NOTE: Minor development
permits are issued by
the local government.
- Permits to alter or construct
a dam (G.S. 143-215.66).
- Permits to mine (G.S. 74-51).
- Permits to drill an exploratory
oil or gas well (G.S. 113-381).
- Permits to conduct geophyysical
exploration (G.S. 113-319T
- Sedimentation erosion control
plans for any land disturbing
activity of over one contiguous
acre (G.S. 113A-54).
- Permits to construct an oil
refinery.
- Easements to fill where lands
are proposed to be raised
above the normal high water
mark of navigable waters by
filling (G.S. 146.6(c)).
- Approval to operate a solid
waste disposal site or facility
(G.S. 130-166.16).
- Approval for construction of
any public water supply faci-
lity that furnishes water to
15 or more year-round residences
(G.S. 130-160.1) or 25 or more _
year round residents.

21
FEDERAL LICENSES AND PERMITS
Agency
Army Corps of Engineers
(Department of Defense)
Licenses and Permits
- Permits required under Sections
9 and 10 of the Rivers and Har-
bors of 1899; permits to construct
in navigable waters.
- Permits required under Section
103 of the Marine Protection,
Research and Sanctuaries Act
of 1972.
- Permits required under Section
404 of the Federal Water Pollu-
tion Control Act of 1972;
permits to undertake dredging
and/or filling activities.
Coast Guard I - Permits for bridges, causeways,
(Department of Transportation) pipelines over navigable waters;
required under the General
Bridge Act of 1946 and the
Rivers and Harbors Act of
1899.
- Deep water port permits.
Geological Survey - Permits required for off -shore
Bureau of Land Management drilling.
(Department of Interior)
- Approvals of OCS pipeline corri-
dor rights -of -way.
Nuclear Regulator Commission
Federal Energy Regulatory Commission
- Licenses for siting, construc-
tion and operation of nuclear
power plants required under
the Atomic Energy Act of 1954
and Title II of the Energy
Reorganization Act of 1974.
- Permits for construction, oper-
ation and maintenance of

22
interstate pipelines facilities
required under the Natural Gas
Act of 1938.
- Orders of interconnection of
electric transmission facilities
under Section 202(b) of the
Federal Power Act.
- Permission required for
abandonment of natural gas
pipeline and associated
facilities under Section 7C
(b) of the Natural Gas Act of
1938.
- Licenses for non-federal hyro-
electric projects and associated
transmission lines under Sections
4 and 15 of the Federal Power
Act t 6
x
16Lists provided by the North Carolina Department of Natural Resources
and Community Development.

23
PART II. CONSTRAINTS TO DEVELOPMENT
5.1 Land Suitability: Physical Limitations to Development
A. Soils
According to the U.S. Soil Conservation Service (SCS) "General Soil
Map and Interpretations for Pender County," Atkinson is located entirely
within the Lumbee-Johns-Kalmia Soil Association. This association is
made up predominantly of the Lumbee, Johns, and Kalmia soils each of
which has its particular characteristics and suitability for various
purposes. The Lumbee soils are poorly drained and have gray or dark
gray surfaces over gray friable sandy clay loam subsoils. The Lumbee
soils occur chiefly on stream terraces and make up about 40 percent of
the association. The Johns soils are moderately well and somewhat
poorly drained with gray sandy surfaces over friable sandy clay loam sub-
soils. Johns soils occur on level uplands and on stream terraces and
make up about 30 percent of the association. The Kalmia soils are well
drained with light gray sandy loam or loamy sand surface over yellowish
brown sandy clay loam subsoils. The Kalmia soils occur on nearly level
to gently sloping uplands and stream terraces and make up about 20 per-
cent of the association. The subsoils of all three of these soils are
underlain by sandy material at depths generally less than 40 inches.
The Lumbee-Johns Kalmia association includes a dominant portion of
the cropland in the country and most of its soils are well suited for
both agricultural and woodland uses. The chief limitations for most
residential and commercial uses of these soils are wetness and flooding.
The Kalmia soils have only slight limitations for septic tank fields,
structures, and roads and streets; the Johns soils have moderate to
severe limitations for the above uses due to their susceptibility to
flooding; the Lumbee soils have severe limitations for all the above

24
uses plus agriculture, due to their wetness and susceptibility to
flooding.17
The Town has requested the Pender County Soil Conservation Service
to complete a detailed soil survey for the Town so that future planning
and density zoning can take soil capabilities into account. The SCS is
Working on the project, and anticipates completion in 1981 (see letter
B. Slope
The Atkinson area of Pender County is characterized by low rolling
hills along water courses, on otherwise nearly level ground; within the
Town there is little natural elevation change. Grading of the land sur-
face during development is required only to the extent necessary to
facilitate proper water runoff to prevent ponding, and to insure good
foundations for structures. There are no steep slopes within the
Town, the nearest ones being to the southwest along the Black River and
to the east near Ward's Corner. Along parts of NC 53 between the Black
River and Atkinson there are scenic areas of elevation change and
hardwood stands; a scenic drive can also be found on SR 1201, one and
one-half miles northwest of Atkinson.
C. Hazard Areas
In the Town of Atkinson, no man-made hazards exist of any signifi-
cance. The natural hazard which could occur is the flood hazard area
(see Map D). However, the Town is outside the nearest 100-year flood
plain (The Black River). The Black River flows approximately four miles
from Atkinson,and its flood -prone area falls within the 30 ft. msl
elevation line in this vicinity. Atkinson is at an average elevation
of about 60 ft. msl. Within the Town, however, the water table remains
relatively high throughout most of the year and the permeability of
some of the soils is low; as a result, temporary ponding of water in
17Soil Conservation Service, U.S. Department of Agriculture.

25
streets and yards often follows periods of heavy rainfall. The Town
maintains a network of drainage ditches which flow into a central canal
in the southeastern part of Town. Water from the canal empties into
Mill Branch, which enters Moore's Creek southeast of Atkinson. During
some periods of heavy rainfall when runoff is extremely high, Moore's
Creek is unable to contain all of the water flowing into it; the resul-
tant overload of the creek causes a backup of water in Mill Branch and
the drainage canals, causing further ponding in Atkinson.18
D. Sources of Water Supply
Ground water comprises the sole source of water supply in Atkinson
as in the rest of Pender.County.
The county is underlain by a large aquifer system from which potable
water can be drawn at various depths in different localities. There are
four geologic strata in the aquifer system, two of which are important
as sources of water supply in Atkinson.
The Pleistocene and Recent surficial sands cover most of Pender
County and constitute a major water source for individual wells in
Atkinson. In the surficial sands, water occurs under water table condi-
tions usually within 15 ft. of the land surface. Recharge is accomplished
directly by rainfall, subjecting the water to possible contamination
from the ground surface. The productivity of this acquifer is limited
primarily by its thickness, which varies locally. In most cases, water
yields from wells in the surficial sands are sufficient for domestic and
farm uses; in periods of drought, however, or when large amounts of
water are needed as for fire fighting, yields have sometimes proven
inadequate. In places where shallow wells are located too close to septic
18Coastal Zone Resource Corporation, 1976.

IT
tank fields, contamination of this water supply may result.
The Peedee Cretaceous sands, limestone and marine clays occur
throughout Pender County and serve as an important source of water supply
in many areas west of the Northeast Cape Fear River. Wells in the Peedee
vary from 50-200 ft. deep and yield up to 300 gpm. Water quality and
yields for specific locations can be determined only on an individual
case basis. Sone e:iisting wells in Atkinson yield water with high con-
•'
centrations of iron and hydrogen sulfide to which residents have become
accustomed but which newcomers may find objectionable.
The Peedee formation immediately underlies the surficial sands in
the Atkinson area and is recharged directly by rainfall.19
5.2 Land Suitability: Fragile Areas
The Town has no areas which could be classified as areas of environ-
mental concern (AECS) under North Carolina Department of Natural Resources
and Community Development guidelines.
Located to the north of the Town are areas of pocosin which are 11
drained by Mill Branch. This area is characterized by wet ground and
slow moving water, dense shrubs and low tree vegetation making the area
good for wildlife habitat. Throughout the Town the vegetation varies
from cropland to pine and hardwood stands, creating conditions favorable
to wildlife such as white-tailed deer.
The Town has no significant historic sites or areas of archeological
significance.
19Coastal Zone.Resource Corporation, 1975.

NA
5.3 Land Suitability: Areas with Resource Potential
In the Town, the most valuable resources are agricultural land and
trees. The Kalmia soils have the best agricultural potential due to
their better drainage. Portions•of the area's woodlands are currently
being harvested. There are no significant mineral deposits which could
offer resource potential.
6.1 Capacity of Community Facilities
A. Water and Sewer Facilities
There are no public water supplies presently in operation in the
Town of Atkinson. All of the townspeople rely on individual wells or
small private systems (10 connections or less) for their water supplies.
Groundwater comprises the sole source of water, with many water table
wells drawing water from the surficial sands. Throughout the Town, the
shallow wells produce water with a relatively high iron content causing
some staining and taste and odor problems. Productivity of the shallow
wells varies but is generally adequate for domestic and farm needs.
Water from deeper wells, such as those drawing from the Peedee formation,
is generally of acceptable quality and quantity.
The Town of Atkinson has been studying the need for and feasibility
of a municipal water supply. At this time, however, the townspeople,
most of whom are satisfied with the existing supply, question the need
for such a system, and have not applied for funds for its construction.
There is no public wastewater disposal facility in Atkinson. All
of the people rely on private wastewater disposal systems serving indi-
vidual residents and using subsurface disposal methods, either septic
tanks or privies. Some problems have been encountered in the Town with
contamination of shallow wells by sewage; the characteristically high

�7
water table, especially in periods of heavy rains can rise close to the
surface and make contact with effluent. Some of the pollution problems
are related to the soil conditions; where the impermeability of the soils
hinders the flow of effluent downward, lateral flow into the Town's
drainage ditches can occur. The drainage of effluent into ditches poses
a potential threat to the health of the residents of Atkinson and areas
downstream. Some problems, however; are more likely to stem from im-
proper location, installation, or maintenance of the sewage disposal
system.20
11
A study of the need for and feasibility of a municipal sewage
treatment facility has been conducted for the Town of Atkinson. The
Town has determined that a municipal sewer system is not feasible at this
time.
B. Roads
Primary roads through Town consist of NC53. SUnset Street inter-
sects with NC53 and continues northwestward to the Town limits becoming
SR1218. No major traffic hazards exist, although some complaints are
heard regarding traffic on NC53, and damage to local streets from timber
operations in some areas of Town.
C: Schools
Public education is operated by the County. Atkinson students
attend grades K-5 at West Pender Elementary School, grades 6-9 at Atkinson
Junior High School, and grades 10-12 at Pender High School in Burgaw.
20Coastal Zone Resources Corporation, 1976.

29
D. Medical Services
Under the auspices of the North Carolina Rural Health Service, a
medical clinic exists in Atkinson. The clinic provides a full-time
family nurse practitioner and two Burgaw doctors on call. Each doctor
also spends one-half day each week in the clinic.
The Pender County Memorial Hospital is located in Burgaw and offers
major medical services. A volunteer rescue squad serves the area. Calls
from throughout the area come to the county dispatcher in Burgaw, who
sends out emergency vehicles as needed.
E. Police and Fire
The Town maintains a one-man police force and a 30-member volunteer
fire department. The police department has one vehicle. The fire depart-
ment has two pumpers and a tanker, as well as a 350 gpm pump and a van
for small equipment. The fire department serves the Town and the
surrounding three-mile area.
F. Solid Waste
Solid waste and disposal is a County function. There is one land-
fill for the area located on SR1640, four miles west of Burgaw. The
Town brings solid waste to four transfer stations located in the periphery
of Town.
21
0
21Data on facilities provided by the Town.of Atkinson.

30
PART III. CAPACITY ANALYSIS
7.1 Population Projection
The Town has traditionally had a slow growth rate. The annual
growth rate is about 1% per year. Projection of this rate would estimate
a 1990 population of 396.
7.2 Future Land Use Needs
In projecting the future land use need, our projections consider
the distribution of existing population, the current structure of the
economy, the areas existing and future investments in sewer and water
facilities, its transportation system, its community facilities (i.e.
schools, medical facilities, public services), and the growth policies
of the Town. Since these factors have shaped and attracted land develop-
ment in the past, they will probably do so in the future. Our approach
to develop land use projections has included these considerations and,
at the same time, they give an estimation of what our future needs for
land will be.
Finally, one word of caution. Projection land use needs is a very
inexact science. Such projections are presented to provide decision -
makers with more insight than certainty into what is most likely to
occur in the future. They should be used as guidelines, not constraints,
and should be used as benchmarks in making land development decisions.

31
A. Land Available for Development
In order to determine land suitable for urbanized uses, we must
examine the land already used for such purposes, as well as vacant land
which is not constrained. For this analysis, we have removed the
following land uses and constraints from the available vacant land for
development:
The Town has no areas which would severely limit development. The.
'greatest concerns are areas which have severe limitations for septic
tanks. In this analysis of future land use needs, areas with severe
limitations for septic tanks were removed from land available for develop-
ment.
B. Methodology for Land Use Projections
Land use standards were prepared for five urbanized land uses which
include residential, commercial, industrial, institutional, and recrea-
tional uses. Except for residential uses, these standards were derived
from land requirements based on standard land use analysis planning
models and adjusted for a town the size of Atkinson.
The residential category was treated differently from the other
four urban categories due to the difficulty in allocating land require-
ments by housing type or density. An average land area per unit population
is used as a standard to calculate residential land requirements. This
area was calculated using the 1980 population and existing residential
use. The average is then applied as a constant to the 1990 projections.
tion.
The land use requirements were determined using the following equa-
L90 - (190 - P80) CKh + Kc + Ki + Kp + Kr)

32
where L90 = land required to accomodate the 1990 population
P90 = 1990 population
P80 = 1980 population
Kh = standard land requirement for residential use
KC standard land requirement for commercial use
Ki = standard land requirement for industrial use
Kp = standard land requirement for institutional use
Kr + standard land requirement for recreational use.
The following are standards applied to the land use needs projection:
Standard for Residential Land = .230 acres
Standard for Commercial Land = .005 acres
Standard for Industrial Land = .010 acres
Standard for Institutional Land = .001 acres
Standard for Recreational Land = .007 acres
C. Land Use Projection
L90 = 37 (.230 + .005 + .% + .010 + .007)
L90 residential =8.51 acres
L90 commercial = .19 acres
L90 industrial = .37 acres
L90 institutional = .04 acres
L90 recreational - .26 acres
TOTAL 9.37 acres
We may see that through the above analysis, a considerable amount of
land is available for urbanized uses within the Town. The point of this
exercise is that the Town can, through good planning practices, grow and
accomodate development while protecting resources and avoiding hazardous
areas.

33
n
Assumes institutional needs other than schools, since present school
facilities are considered adequate, and school facilities are a County
function.
u
7.3 Community Facilities Demand
The greatest limitation in the Town is the suitability of the soils
for on -lot sewage disposal. The Town is working closely with the County
Health Department to monitor any problems which might occur. The present
growth rate is such that few major problems are anticipated in the plan-
ning period.
Water supplies and quality are considered to be adequate throughout
the planning period.
Roads, schools,,health facilities and fire protection are adquate
and no problems are anticipated in these areas throughout the planning
period.
The Town feels that an additional policeman is needed in order to
provide greater flexibility for police protection.
9

34
PART IV:
POLICY FORMULATION
This section provides the rationale for and statement of Town policies.
Where feasible, implementation plans are included. Policies are grouped
according to.land use planning categories of
- Resource Protection
- Resource Production and Management
- Economic and Community Development
- Continuing Public Participation
8.1 RESOURCE PROTECTION
A. AREAS OF ENVIRONMENTAL CONCERN
The term area of Environmental Concern, or AEC, is used in North
Carolina's Coastal Area Management Act (CAMA) to identify important natural
resources, both on land and on water, which could be damaged irreparably
if subjected to incompatible development activity.
The Coastal Resource Commission (CRC) has identified thirteen dif-
ferent types of AEC's -- in four general categories -- spelling out the
significafte and the basic management objectives for each, and has encour-
aged local governments to recommend those types of development, or use,
which they consider appropriate in AEC's within their jurisdiction.
Although the Town of Atkinson is located in Pender County, a coastal
county, no AEC's are located within the Town limits. The Town does not
have a zoning ordinance or subdivision regulations and does not enforce

K1•1
extra -territorial jurisdiction. The adoption of a zoning ordinance and
subdivision regulations continues to be an issue in the Town. Analysis
of the one -mile area around the town does not appear to reveal areas which
could be classified as AEC's.
POLICY 1. THE TOWN HAS NOT IDENTIFIED ANY AEC's WITHIN ITS BOUNDARIES
OR WITHIN THE POTENTIAL AREA OF ITS EXTRA -TERRITORIAL JURISDICTION;
THEREFORE, NO POLICY IS APPROPRIATE ON AEC's VEGETATION AND OPEN SPACE.
The people of Atkinson are concerned about the destruction of other
natural resources, especially vegetation within the Town. Existing
vegetation enhances the aesthetic quality of the community and prevents
rapid runnoff which could contribute to an already difficult surface drain-
age problem. The Town believes that some municipal protection is needed
to maintain continued vegetative cover. Although a no -action alternative
was considered, it was felt that protection of vegetation could best be
accomplished through a zoning ordinance and subdivision regulation package
where development standards could be included.
POLICY 2. THE TOWN WISHES TO SEE DEVELOPMENT TAKE PLACE IN SUCH A MANNER
AS TO DISTURB THE EXISTING PLANT COMMUNITY AND NATURAL TERRAIN AS LITTLE
AS POSSIBLE.
Implementation: The Town will draft a zoning ordinance and subdivision
regulations which will include development standards to implement this
policy. The Town, through a number of civic groups, has begun a program
of tree planting in the Town.
B. WATER QUALITY
An issue of concern to the community is the availability of potable
and palatable water for household consumption. Groundwater comprises the

36
sole source of water supply in Atkinson (see page 24, 25). Since the Town
has no public water system, residents rely on individual wells for water.
Water quantity does not appear to be a problem. Some existing wells in
Atkinson yield water with high concentrations of iron and hydrogen sulfide
to which residents have become accustomed but which newcomers may find
objectionable.
The greatest danger to the groundwater is from the leachate from on -
lot sewage disposal systems. The Town does not have a public sewer system,
nor does it anticipate one in the planning period. Although the Town
works closely with the County Health Department regarding septic tank
permits, problems continue to result from use of septic tanks within the
town, where densities and poor soils for on -lot sewage disposal continue
to pose potential health hazards. Although the alternative of public
water and sewer has been considered in the past, clearly the residents do
not wish such systems, nor with present costs would such systems be feas-
ible. A zoning ordinance which would guide future density to the better
soils is a consideration.
POLICY 3. THE TOWN DESIRES TO PROTECT THE GROUNDWATER FROM CONTAMINATION
Implementation: The Town will draft a zoning ordinance which will guide
growth to the more suitable soils for on -lot sewage disposal. The Town
will draft subdivision regulations which will contain development standards
to minimize the effect of development on groundwater.

37
C. OTHER RESOURCES
The Town has not identified any areas of archaeologic significance
nor has buildings which are on the National Register of Historic Places.
A few structures such as Halls House, Johnson House, the Episcopal Church,
and the Caswell Church as well as possibly other structures may have ar-
chitectural interest. The Town will work with local residents to deter-
mine the possibility of a preservation oriented community group, al-
though the Town elects to hold a policy on this matter in abeyance.
D. SOILS
The Town is awaiting a detailed soil survey from the Pender County
Soil Conservation Service. As noted in Part II, 5.1 A, the general soil
associations indicate somewhat unfavorable soils for septic tanks. .Al-
though generally soils are unfavorable, completion of the detailed soils
maps may reveal small areas where favorable soils exist. Policy 3 inci-
cates that the desire to direct growth to good soils is clearly desired.
If and when a detailed soil map is available, the Town intends to use the
information during future development of management tools. Furthermore,
as stated in Policy 6, a water system will continue to be an issue of
priority should a situation occur in the future where a water system is
feasible.
POLICY 4. WHEN DETAILED SOIL ANALYSIS AND MAPPING IS COMPLETED FOR THE
TOWN OF ATKINSON BY THE SOIL CONSERVATION SERVICE, THE INFORMATION WILL
BE USED WHEN THE TOWN CONSIDERS MANAGEMENT TOOLS.

R
0
8.2 RESOURCE PRODUCTION AND MANAGEMENT LAND UTILIZATION
The Town's resources are embodied in its residential character as
evidenced by historic growth and future desires of the Townspeople. The
Town has no known mineral resources, nor is it near water, and therefore
• has no fisheries. Although tourists often pass through the Town on their
way to beach areas, the community has no natural resources which would
attract tourists. The Town does have about 167 acres in agricultural use,
although the significance of agriculture in the area is declining. Also,
a large amount of area is forested (about 370 acres). Recently, activities
have taken place to harvest some of this resource.
A. AGRICULTURE
Although about 167 acres in the Town are in agricultural use, the
importance of this use to the economy of the Town is declining. The Town
considers this use to be part of the Town's heritage, and with future
economic occurrences in the world and the U.S., this use, even at a small
scale, would prove to be important. Although few tools are in the hands
of Town government to foster the role of agriculture, some consideration
has been given to use a management tool such as a zoning ordinance to
regulate densities in such a way as to prevent small tracts of land from
being sold into residential use in the future. The no -action alternative
could see an eventual loss of existing agricultural land.
POLICY 5. THE TOWN CONSIDERS AGRICULTURE TO BE A DESIRABLE LAND USE WITHIN
THE COMMUNITY AND WISHES TO PROTECT IT FROM RESIDENTIAL ENCROACHMENT.
Implementation: The Town will draft a zoning ordinance which will set
land use densities.so that existing agricultural lands will be of such low
density so as to tend to keep them in agricultural use. Other vacant areas

39
which are potentially viable agricultural land will be analyzed for possible
agricultural zoning.
B. FORESTRY
The Town has extensive acres of forested land (about 370 acres).
Forested land contributes to the aesthetic quality of the Town and helps
prevent rapid storm water runoff from occurring which causes ponding and
minor flooding. A limited amount of forestry is occurring within the
Town. Litter and truck noise in conjunction with this use are a problem
generally incompatible with residential use. Generally, forestry within
the Town is not a desirable land use nor one which benefits the Town.
Alternatives to controlling this use have been discussed (e.g. severence
tax, truck weight limits, ordinance restrictions, no action).
POLICY 6, THE TOWN DOES NOT CONSIDER FORESTRY TO BE A PROPER ACTIVITY
IN THE TOWN AND DESIRES TO MINIMIZE THE EFFECTS SUCH OPERATIONS HAVE ON
THE COMMUNITY.
Implementation: The Town will draft a zoning ordinance in which the
activity of forestry will be regulated by certain minimum standards within
the ordinance. Subdivision regulations will be drafted which contain
standards regarding vegetation removal and open space.
8.3 ECONOMIC AND COMMUNITY DEVELOPMENT
The County of Pender and Township of Caswell are losing population
because they are rural farm oriented at a time when we are experiencing
migration from these occupations.

40
The existing population trend in the Town of Atkinson is indicating a decline
and showing little reason for increasing as a result of in -migration.
Declining birth rates in the white population will probably result in
decreasing' population for the near future.
This prospective, unless altered through planning policies, will
probably result in higher costs for basic services through a gradually
declining 'economy of scale. Although many express a desire for community
growth, there are also many who wish the community to remain as it is.
Many landowners refuse to sell land for new growth. Although no growth
attitudes have been considered, the Town feels that it cannot continue
even basic services (police protection, street repair) if the population
continues to remain stable and no growth takes place, when taxes are in-
creased substantially. The Town is in a position where it must take
action in order to maintain the viability of the community through the
1980's.
The Town does not consider redevelopment to be a significant issue.
The small commercial,area has, in the past, served only the immediate needs
of the local residents. Although some townspeople have indicated the need
for new facades on some existing structures, no major redevelopment is
anticipated.
Future development in the Town will not involve "redevelopment," but
new development of areas which have never been developed - areas which have
been empty lots or covered with low natural vegetation.
The Town has indicated a desire for some light industry. It is not
possible nor desirable at this time to indicate specific industry types or
locations.

41
Energy facility siting is not a relevant issue to the Town as the Town's
location would probably preclude such a use. However, the Town does not wish
the location of a major energy facility in or near Town.
POLICY 7. THE TOWN WISHES TO TAKE ACTIONS TO FOSTER COMMUNITY
GROWTH AND DEVELOPMENT
Implementation: The Town, due to its location, recognizes that few incen-
tives exist which could foster growth in the Town. The Town needs to have
located in or near the Town an institution, business or industry which
could provide some employment and foster a need for residential growth.
Incentives the Town could offer are the leasing of land at a nomimal fee,
reduced taxes, and provision of public water. The Town will create an active
task force to seek out institution, business or industry to locate in the Town,
preferably a water intensive one. The Town will seek to develop a public
water system in conjunction with finding such an establishment to which sale
of water would make the system financially feasible. The establishment of a
water system in the Town would further its growth potential.
POLICY 8. THE TOWN DOES NOT ANTICIPATE SIGNIFICANT REDEVELOPMENT. THE COM-
MUNITY IS CONTINUING, HOWEVER, TO WORK TOWARD IMPROVING BUSINESS FACADES BY
DISCUSSING POTENTIAL IMPROVEMENT STRATEGIES WITH BUSINESS OWNERS.
POLICY 9. THE TOWN WOULD LIKE TO SEE NEW DEVELOPMENT OCCUR WITHIN THE EXIST-
ING TOWN BOUNDARIES AS THERE ARE A NUMBER OF OPEN LAND PARCELS. UNLESS DE-
TAILED SOIL MAPPING REVEALS SUITABLE LAND WITHIN THE TOWN, OTHER LANDS OUT-
SIDE THE PRESENT BOUNDARIES MAY BE THE ONLY SUITABLE LAND. THE TOWN PRESENTLY
HASJNOMANAGEMENT TOOLS. MANAGEMENT OF POTENTIAL SUBDIVISIONS IS NOT YET AN
ISSUE ON WHICH POLICY CAN BE DEVELOPED, OTHER THAN THE SUPPORT OF PRESENT
COUNTY SUBDIVISION REGULATIONS AND THE DESIRE OF THE TOWN TO IMPLEMENT MANAGE-
MENT TOOLS IN THE FUTURE.

42
POLICY 10. THE TOWN DESIRES INDUSTRIAL DEVELOPMENT WHICH IS JOB INTENSIVE
AND IS A LARGE WATER USER. IT IS HOPED THAT SUCH AN INDUSTRY COULD, ALONG
WITH RESIDENTIAL AND INSTITUTIONAL USERS, MAKE A PUBLIC WATER SYSTEM FEASIBLE.
THE TOWN CANNOT'PINPOINT SPECIFIC LOCATIONS AT THIS TIME.
A. DEVELOPMENT
Although the community is presently a primarily residential one, the
Town sees its potential within the concept of a village atmosphere. That
is, the plan for the community is one for mixed use development. The
history of the Town shows that such a development pattern has already to
a certain extent been established. Institutional uses are mixed with
residential, as well as are commercial and agricultural. With appropriate
development standards, such mixed uses can have a positive effect on the
community by giving efficiency to services, movement between the uses, and
aesthetic variation. Although alternatives which would cause further
separation of uses was considered,this option was generally not considered
in the Town's best interests.
POLICY 11. THE TOWN PLAN IS TO FOSTER A MIXED USE DEVELOPMENT PATTERN TO
GIVE THE COMMUNITY A VILLAGE -LIKE ATMOSPHERE. ALL USES WOULD BE CONSIDERED
TO THE EXTENT THAT THEY MEET A PACKAGE OF DEVELOPMENT AND USE STANDARDS.
Implementation: The Town will draft a zoning and subdivision regulation
in which the main thrust will be the development of use standards rather
than separation of uses.
B. SERVICES
The Town presently provides the following services: local street
maintenance including surface drainage, police and fire, and solid waste
removal. The Town feels that these basic services are the minimum

43
responsibility of Town government. Although an increase in some of these
services, as well as additional ones such as more police, town parks, more
surface drainage work, water, sewer, lighting,has been expressed as
desirable by some residents, the majority of residents are in favor of
keeping taxes low by providing a minimum of services.
POLICY 12. IT IS THE POLICY OF THE TOWN TO CONTINUE TO PROVIDE AT LEAST
THE MINIMUM SERVICES NEEDED TO PROTECT THE HEALTH, SAFETY AND WELFARE OF
THE PEOPLE OF THE COMMUNITY.
Implementation: The Town will draft a zoning ordinance which will attempt
to guide growth to occur in the central Town area so that future services
can be provided in a more efficient manner. The Town officials will
continue to educate the public on the necessity of maintaining services
for the good of the community.
C. WATER AND SEWER
Although the Town has investigated the potential for developing a
water and sewer system in 1974, no action was taken to attempt to imple-
ment the proposals. Most residents appear to be confident that individual
wells supply potable water in quantities sufficient for residential use.
However, others feel that a public system is needed if the Town wishes to
grow. Furthermore, such a system would be needed if sewer uses ever
developed in the Town. Some residents have expressed the benefit of a
water system in terms of lowering fire insurance rates as well as providing -
a greater safety measure.
It is well recognized that soils in the Town are not generally suit-
able for on -lot sewage disposal. Although some residents have indicated
that a public sewer system was needed to prevent health and other problems

44
from occurring, most persons do not wish to undertake the expense of
developing such a system.
POLICY 13. THE TOWN BELIEVES THAT EVENTUAL DEVELOPMENT OF A PUBLIC WATER
AND SEWER SYSTEM IS NECESSARY TO FOSTER GROWTH AND TO PROTECT THE HEALTH,
SAFETY AND WELFARE OF THE RESIDENTS.
Implementation: The Town will set up a task force to actively seek the
location of an institution, firm or firms in the Town which would be water
users and help defray the costs of development of a water system. A
sewer system could also be feasible under suitable arrangements and use.
Although no specific timetable is possible, the Town would only implement
a water system under feasible circumstances and community support.
D. RECREATION
The Town presently has a small park which is located next to the
Town Hall. Other facilities include those of the Atkinson Junior High
School. Due to the population age and makeup in the Town, no additional
facilities appear to be needed at this time, although some residents have
expressed a desire to have additional equipment in the present facilities.
POLICY 14. DUE TO THE TOWN'S AGE DISTRIBUTION AND PRESENCE OF EXISTING
FACILITIES, THE TOWN DOES NOT ANTICIPATE THE ACQUISITION OF ADDITIONAL
FACILITIES. PART V:
9.1 Discussion of Policies (PUBLIC PARTICIPATION
Because the community is small, public participation in the Town
or planning issues and Town business often occurs in an informal manner.
Town officials are generally well aware of the predominant viewpoints of
citizens on various issues. Because of the nature of the community, most
policy decisions have taken place only with the almost unanimous approval

45
of citizens. Few actions are forced upon residents. The Town officials
have almost always tried to work in a non -forceful manner with citizens
when problems arise, preferring to have citizens carry out Town wishes in
a voluntary manner.
POLICY 15. THE TOWN OFFICIALS WILL CONTINUE TO INVOLVE THE PUBLIC FULLY
IN DECISIONS WHICH AFFECT THE TOWN AND ITS CITIZENS.
Implementation: In addition to welcoming the public at all board meetings,
the Town seeks to place notices and information in the local newspapers when
significant issues face the Town. For the land use plan, a public forum
was held early in the process to discuss the purpose of the plan and seek
input. Copies of all materials produced in the process of writing the
land use plan were placed in the Town Hall and made available to all
interested persons. The public was asked to write on the documents to
suggest ideas, changes, corrections, etc.
A public opinion questionnaire was developed and mailed to each tax -
paper to get information on various land use related and demographic
topics. The results of the questionnaire were used by the Town Board
to help guide the policy selection. The Town will hold a special land use
meeting each year to discuss progress of land use plan implementation, to
seek public input, and determine needed amendments.

46
i
9.2 VALUES AND ATTITUDES OF PROPERTY -OWNERS IN ATKINSON AS ARRIVED AT
THROUGH ANALYSIS OF QUESTIONNAIRE DISTRIBUTED DURING LAND USE PLAN-
NING.PROCESS.
During the 1981 land use planning process, the consultants to the
Town distributed to a random sample of property owners a questionnaire
designed to elicit local views and attitudes. The mailout was intended
to produce a confidence rate of 85%. Due to a significantly lower than
usual number of returns, the confidence level does not exceed 70%.
The major conclusions from the questionnaire are as follows:
(1) property owners in Atkinson are very satisfied with local services
and facilities; (2) they exhibit a strong no growth sentiment;
(3) they do not desire to protect environmental features with local
regulations and probably oppose state and federal expenditures for these
types of goals; (4) they desire lower taxes.
These views, which seem to be clearly the majority view, are not
maintained by the persons who have moved.into the community within the last
five years or by the 6Dn-resident property owners. The later identified
Problems with water, sewer and emergency services; they were willing to pay
to improve the services and facilities; they wanted local control to protect
environmental features; they wanted industrial growth.
Clearly the greatest problem facing the Town is coping with its future
direction. The majority of the residents, represented by the typical 55 year
old white male who is a long time resident of the community, is satisfied and
resists those changes desired by in -migrants.
In terms of specifics, the average family size of the respondents to the
questionnaire was 2.16. 80% of the respondents were male. Although 57% of
the workers in the sample drove less than 5 miles to work, 36% drove over 30

47
miles. (The large size of this latter group may cause future problems if
fuel prices continue to climb.) Those services with which the users found
least satisfaction include police, town hall and surface drainage. The
respondents were unwilling to spend any money to improve any of these de-
ficiencies. The general satisfaction level for all services was very high
with most scores averaging between 3.9 and 4.5 on a scale'of 5.0. (However,
satisfaction level of in -migrants and non-resident property owners is low.)
Only 30% of the respondents desire to see the Town grow faster than it has
during the past ten years. The majority of the respondents disapprove
strongly of multi -family and low income housing; they disapprove and desire
to control mobile homes, housing for the elderly and industrial development.
Several respondents noted they desired to enact additional local regulations,
especially zoning controls.
The respondents showed low responses towards enacting local regulations
to protect their drinking water or environmental features. They desired how-
ever to protect scenic features. They are opposed to spending local mbney to
buy open space. They are visually satisfied with the appearance of the Town.
In all, they like things as they are. '
The divergent, conflicting views and attitudes are clearly apparent in
the detailed written comments of two respondents to the questionnaire. (Re-
sponses are edited.)
Response of life long resident:
The biggest improvement would be to find someone to keep law and order. y
The people around Atkinson are not going to sell their land or let anyone
else come into the area if they can help it. Most of the people here are on
fixed incomes and can't afford more government expenditures. Why can't the
government give us grants to help repair our houses which are falling apart.

I
,Non-resident property owner:
I own some wooded property in the town. The town began as a rail-
road timber shipping station about 1900. The railroad is gone, and so
are the lumber mills, veneering plants, cotton gins and sock knitting
plants. There is a general attitude in the area to only raise tobacco
and timber, and hunt and fish. Some non-polluting industries must be
attracted to the area to supply jobs. Hopefully the attitudes will
change to allow the town to progress.
In conclusion, the consultants advised the town that the no -growth
attitude is very strong among many long-time residents. It should be
noted that incoming industry could probably supply the tax base which
causes difficulty for the fixed income residents. (In fact this situa-
tion, namely of increased taxes, will probably continue to become more of
a problem. The lack of a market for property usually brings down property
values and hence tax revenues, while the costs of government services con-
tinue to rise.) Furthermore, the most inefficient thing about local govern-
ment is the inefficiency of its size. Government grants have been available
in the past to repair rundown buildings; tax incentives for repairs are
available for historic structures. We noted, however, that many newer resi-
dents and board members believe that a growth attitude is what is necessary
to allow the Town to maintain and improve services, as well as to keep the
Population from declining. Many persons believe that a carefully controlled,
balanced growth is what will offer future hope for the Town.
PART VI:
LAND CLASSIFICATION
` The land classification system has been developed as a means of assistance
in the implementation of the Plan. By delineation of land classes, the Town
could indicate where growth is expected to occur and where fragile resources
could be protected.
The Town of Atkinson is a small (one mile square) community located in an

49
area relatively free of fragile resources. No AECs are located in or near
Town, nor has the Town identified other fragile resources. Soils are a
constraint to development, however, and this constraint will be considered '
when the zoning ordinance is developed. Due to the size of the Town and
lack of public water and sewer, and its development as a "crossroads" de-
velopment in a rural area, the Town has classified itself as Community.
This classification is designated for the entire Town, with no other clas-
sifications.included at this time. Policies of the Land Use Plan are
oriented to maintaining this classification for the planning period. Dur-
ing the .next planning period, however, the Town hopes to work toward a den-
sity and service level which could change the classification to Transition in
the future.
CAMA Land Use Planning Regulations define five classes of land
classification.
A. Developed: The purpose of the developed class is to provide
for continued intensive development and redevelopment of
existing cities.
B. Transition: The purpose of the transition class is to provide
for future intensive urban development within the ensuing ten
years on lands that are most suitable and that will be scheduled
for provision of necessary public utilities and services. The
transition lands also provide for additional growth when addi-
tional lands in the developed class are not available or when
they are severely limited for development.
C. Community: The purpose of the community class is to provide
for clustered land development to help meet housing, shopping,
employment, and public service needs within the rural areas of
the County.

50
D. Rural: The purpose of the rural class is to provide for agri-
culture, forest management, mineral extraction and other low
intensity uses. Residences may be located within rural areas
where urban services are not required and where natural re-
sources will not be permanently impaired.
E.' Conservation: The purpose of the conservation class is to provide
for effective long-term management of significant limited or ir-
replaceable areas. This management may be needed because of its
natural, cultural, recreational, productive, or scenic values.
These areas should not be identified as transition lands in the
future.
9.3 COMMITTMENT TO STATE AND FEDERAL PROGRAMS
POLICY 16. THE TOWN CONTINUES TO EXPRESS ITS SUPPORT FOR FEDERAL
STATE PROGRAMS IN THE COMMUNITY (CAMA, POWELL BILL, CETA). THE
TOWN EXPECTS TO WORK CLOSELY WITH THE COUNTY, STATE AND FEDERAL
GOVERNMENTS TO INSURE THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE
OF THE TOWN AND PROTECTION OF THE ENVIRONMENT.
0

2
4
LEGEND
URBAN or BUILT-UP LAND
II Residential
12 Commercial and Services
16 Mixed
17 Public and Institutional
AGRICULTURAL LAND
FOREST LAND
EXISTING LAND USE AND LAND CLASSIFICATION
ATKINSON , N.C.
* The Entire Jurisdiction Is In The "CommunityCategory
9 Y
THE PREPARATION OF THIS MAP WAS FINANCIALLY ASSISTED BY
GRANTS FROM THE STATE OF NORTH CAROLINA, THE NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION, AND THE COASTAL
PLAINS REGIONAL COMMISSION.

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0
Please do not remove.
it Copy
SUMMARY
of the
ATKI NSON
LAND USE PLAN
Prepared by the
BOARD OF ALDERMEN
and
CITIZENS
of the Town of Atkinson
North Carolina
With Assistance from
The Coastal Zone Resources Corporation
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The septic tank problems in the town are not now wide-
spread; only isolated water supplies have been found to be
contaminated. Density in Atkinson is quite low, even in more
urbanized parts. The current pollution problems can probably
be attributed as much to the improper installation, location, or
maintenance of the disposal systems as to the natural limita-
tions of the soils.
As part of the federal 201 facilities planning program, a water
and sewer plan was prepared for the town. The local cost of the
trunk lines and treatment facilities alone, when distributed
among the town's small population, is high; the availability of
federal and state funds to supplement the town's expense is
uncertain at this time. Even with outside funding, the establish-
ment of a sewer and water system would be difficult; without
that funding, inconceivable.
In order to assess the extent of the pollution problems so as'to
begin solving them, the town is requesting assistance from the
County Health Department. The Town proposes evaluation of
each septic tank system in the town, with repair or reinstallation
required for each one found to be defective. The authority for
granting permits for installing septic tanks rests with the county;
Atkinson will encourage the county to develop new or revised
septic tank regulations in the future, adequate to prevent
recurrence of the pollution problems. Meanwhile, the town will
consider the necessity for establishing Town zoning or subdivi-
sion regulations, requiring lots to be sufficiently large to safely
accommodate on -site sewage disposal systems and water sup-
plies.
Because of the limited tax base in the town and the lack of a
substantial increase in that tax base foreseen in the near future,
the kinds of services the town will be able to offer will remain
limited. The townspeople in the Town meeting gave highest
priority to the development of supervised municipal park and
recreation facilities. In particular, residents would like to es-
tablish a center for the community recreation, meeting, and
fund-raising acitivities that currently take place at random
locations in the town. A recreation committee has been estab-
lished to study the feasibility of such a recreation program, and
to obtain equipment for the town park.
In order to make its position clear on these and related issues,
the Town of Atkinson has established a set of Objectives and
Standards to guide future land use. The following policies
resulted directly from opinions expressed at the Town meeting:
OBJECTIVES AND STANDARDS OF ATKINSON
Objective: Atkinson will promote the continued gradual de
velopment of the Town as a rural, family -oriented
community.
Standards: 1) Public services, including police and fire pro-
tection, solid waste collection, and medical and
recreational facilities will be planned for a pop-
ulation of 375 in 1980, 440 in 1990, and 525 in
2000.
2) The Town will encourage the location of future
residential growth within the municipal jurisdic-
tion; public services supported by the Town
with the exception of fire protection will be
provided only within the existing municipal
boundaries.
3) The Town will encourage the location of pro-
fessional and service businesses within the mu-
nicipal jurisdiction.
4) The Town will discourage the location of in-
dustry within the municipal jurisdiction, but
will encourage light industry location in more
urbanized areas of Pender County.
5) The Town will cooperate with Pender County,
the Cape Fear Council of Governments, and the
Community Development Committee in order
to coordinate planning efforts and facilitate im-
plementation of Town policies.
Objective: The Town of Atkinson will continue to try to elim-
inate any health problems caused by the physical
limitations of the soils and drainage system.
Standards: 1) In order to correct any improperly functioning
septic systems, the Town will seek the assist-
ance of County Health Department personnel to
determine the cause and extent of ground and
surface water pollution.
2) The Town will seek County cooperation in as-
suring the proper maintenance of the drainage
ditch system.
Objective: The Town of Atkinson will attempt to provide pub-
lic recreation facilities for all its population.
Standards: 1) A recreation committee will be formed in order
to survey the recreational needs of the Town
and to establish priorities for recreational facili-
ty development.
2) The Town will endeavor to establish a Town
Center to house recreational, meeting, and
fund-raising activities.
Implementation of the Atkinson Plan will involve 1) assessing
the extent of the pollution problems and the possible means for
solving them and preventing their recurrence- 2) trying to
establish a balanced recreation program and develop better
recreation and meeting facilities in the Town Park, and 3)
assessing the need for land use regulations (zoning, subdivision
and septic tank) and coordinating as feasible their enforcement
with the County.
Future planning in Atkinson will be coordinated with on-
going land use and economic development planning in the
county; revisions to the Atkinson Plan will be made during
regular Town Board meetings as necessary.
This Synopsis is being delivered to evey postal boxholder in the
town; copies of the maps it contains can be obtained upon
request at the Town Hall.
LAND CLASSIFICATION
The Land Classification System (LCS) was established for
localities to use to identify the most appropriate general uses of
various kinds of land and to make a statement to state and
federal authorities, as well as local residents, on where and to
what density growth is desired.
The LCS includes the following five categories of land:
1. Developed —Lands where existing population density is
moderate to high and where there is a variety of land uses
which have the necessary public services.
2. Transitional —Lands where local government plans to ac-
commodate moderate to high density development dur-
ing the following ten-year period and where necessary
public services will be provided to accommodate that
growth.
3. Community —Lands where low -density development is
grouped in existing settlements or will occur in such
settlements during the following ten-year period and will
not require extensive public services now or in the future.
4. Rural —Lands whose highest use is for agriculture, forestry,
mining, water supply, etc., based on their natural re-
source potential. Also, lands for future needs not cur-
rently recognized.
S. Consevation—Fragile, hazardous, and other lands neces-
sary to provide for the public health, safety, and welfare.
Current land use in Atkinson would allow a separation of the
town into two of the above classes —Community (developed)
and Rural (undeveloped). There are no potential Areas of
Environmental Concern to warrant the Conservation category.
Because the population increase projected for 1985 is low, most
of that increase could probably be accommodated within the
already developed parts of town. Because pollution problems
have been encountered in the built-up areas, however, the
maintenance of low density in the future will be necessary. In
order to maintain sufficiently low density, additional land
within the jurisdiction may need to be developed. For that
reason, the entire town is designated Community; Atkinson is
also designated Community in the Pender County Plan. Specif-
ically, the significance of the Community designation is the
policy determination that the density of development in the
future, (that is the average lot size per dwelling unit) will by
ordinance if necessary, remain sufficiently low that no munici-
pal water or sewer facilities will be required.
S31J110d
H1M0219 1NV11f1S311 (INV S3nSS11 3sn UNVI 1IO1VW
This report was financed in part by the National Oceanic and Atmospheric
Administration and the State of North Carolina, and meets the requirements of
the North Carolina Coastal Area Management Act of 1974.

0
AN ORDINANCE AMENDING APPENDIX A
ZONING ORDINANCE
OF
THE CODE OF ORDINANCES
OF THE
TOWN OF ATLANTIC BEACH, NORTH
CAROLINA
June 2000
Prepared by
Benchmark, Incorporated
Asheville, Kannapolis & Kinston, NC
Columbia, SC
=ENCHMARK
rHcowrowre
and
Technical Assistance Provided By
Coastal Consortium Consulting Planners, Inc
Washington, North Carolina
The preparation of this document was financed, in part, through a grant provided by the North
Carolina Coastal Management Program, through funds provided by the Coastal Management Act
of 1972, as amended, which is administered by the Office of Ocean and Coastal Resources
•" Management, National Oceanic and Atmospheric Administration.

•
TABLE OF CONTENTS
Page
Article I PURPOSE, AUTHORITY AND TITLE
1
Section 1.1
Purpose
I
Section 1.2
Authority
2
Section 1.3
Title
3
Section 1.4
Territorial Jurisdiction
3
Section 1.5
Incorporation of Zoning Map
3
Article II GENERAL DEFINITIONS
4
Section 2.1
General Definitions
4
Section 2.2
Definitions Related to Flood Damage Prevention
14
Section 2.3
Definitions Related to Signs
19
Section 2.4
Definitions Related to Adult Oriented Business
27
Article III APPLICATION; GENERAL PROVISIONS; EXCEPTIONS
AND MODIFICATIONS
31
Section 3.1
Zoning Affects Every Building and Use; Bona Fide Farms
Exempt
31
•
Section 3.2
Relationship of Building to Lot
31
Section 3.3
Street Access
31
Section 3.4
Lot of Record
31
Section 3.5
Open Space Requirements
31
Section 3.6
Reduction of Lot and Yard Areas Prohibited
32
Section 3.7
Water and Sewer Requirements
32
Section 3.8
Height Limitation Exceptions
32
Section 3.9
Building Setback Exceptions
32
Section 3.10
Fences and Walls
32
Section 3.11
Accessory Buildings and Structures
33
Section 3.12
Double Frontage Lots
33
Section 3.13
Front Yard Setbacks for Dwellings
33
Section 3.14
Visibility at Intersections
33
Section 3.15
Temporary Buildings
34
Section 3.16
Entrances/Exits to Public Streets
34
Section 3.17
Outdoor Lighting
34
Section 3.18
Use of Mobile Homes and Travel Trailers for Storage
Prohibited
34
Section 3.19
Occupancy of Mobile Homes and Travel Trailers
34
Section 3.20
Minimum Regulations
34
Section 3.21
Fees
35
Article IV ESTABLISHMENT OF ZONING DISTRICTS
36
•
Section 4.1
Primary Zoning Districts Established: Purpose Set Forth
36

•
0
Section 4.1.1
RA-1 Residential District
Section 4.1.2
RA-1.5 Residential District
Section 4.1.3
RA-1M Residential District
Section 4.1.4
RA-2 Residential District
Section 4.1.5
RA-3 Residential District
Section 4.1.6
RA - 3M Residential District
Section 4.1.7
RA - 3V Residential District
Section 4.1.8 RR - Resort Residential District
Section 4.1.9 RC - Resort Commercial District
Section 4.1.10 RS - Recreational Sound District
Section 4.1.11 GB -General Business District
Section 4.2
Special Use Districts Established: Purposes Set Forth
Section 4.3
Overlay District Established: Purpose Set Forth
Section 4.3.1
Maritime Forest Areas Overlay Set Forth
Section 4.3.2
Flood Damage prevention Overlay District
Section 4.4
District Boundaries Shown on Zoning Map
Section 4.5
Rules Governing Boundaries
Section 4.6
Determining Permitted and Conditional Uses, Principal
Uses and mixed Uses
Article V SCHEDULE OF DISTRICT REGULATIONS
Section 5.1 Primary Zoning Districts Requirements
Section 5.2 Special Use District Requirements
Section 5.3 Overlay District Requirements
Section 5.3.1 Maritime Forest Area Overlay District
Section 5.3.2 Flood Damage Prevention Overlay District
Article VI LISTING OF PERMITTED AND SPECIAL USES BY
DISTRICT
Section 6.1
Residential Districts
Section 6.1.1
RA -1 Residential District
Section 6.1.2
RA -1.5 Residential District
Section 6.1.3
RA -lM Residential District
Section 6.1.4
RA- 2 Residential District
Section 6.1.5
RA -3 Residential District
Section 6.1.6
RA -3M Residential District
Section 6.1.7
RR Resort Residential District
Section 6.1.8
RA -3 V Residential District
Section 6.2
Business Districts
Section 6.2.1
RC Resort Commercial Zone
Section 6.2.2
General Business Zone
Section 6.2.3
RS Recreational Sound District
Page
36
36
36
36
36
36
36
37
37
37
37
37
37
38
38
40
40
41
41
43
43
44
44
47
57
57
57
57
58
58
59
60
61
62
63
63
66
68

•
Page
Section 6.3
Conservation Districts
70
Section 6.3.1
CZ Conservation Zone
70
Section 6.4
Special Requirements to the List of Permitted and
Special Use
71
SR #1
Planned Unit Development
71
SR #2
Group Housing Projects
82
SR #3
Mobile Homes and Mobile Home Parks
82
SR #4
Recreation Vehicle Parks
93
SR #5
Adult Oriented Business
103
SR #6
Marinas
104
SR #7
Motels/Hotels
104
SR #8
Pedestrian Walkway and Bicycle Ridingways
104
SR #9
The Sale, Rental or Repair of Jet Skies and Other
• Water Vessels
105
SR #10
Youth Centers
105
SR #11
Wireless Telecommunication Towers and Facilities
105
ARTICLE VII
AREA, YARD AND HEIGHT REQUIREMENTS
109
Section 7.1
RA-1 ands RA-lM Residential District
109
Section 7.2
RA 1.5 Residential District
110
•
Section 7.3
RA-2 Residential Zone
i l l
Section 7.4
RA-3 Residential Zone and RA-3V Residential Zones
112
Section 7.5
RA-3M Residential District
113
Section 7.6
RR Resort Residential District
114
Section 7.7
RC Resort Commercial District
115
Section 7.8
GB General Business Zone
116
Section 7.9
RS Recreational Sound District
117
Section 7.10
C2 Conservation Zone
118
ARTICLE VIII
OFF-STREET PARKING AND LOADING
119
Section 8.1
Off -Street Parking Requirements
119
Section 8.2
Parking Lot Improvements, Design and Locational
Requirements
125
Section 8.3
Parking Lot Landscaping
126
Section 8.4
Off -Street Loading Requirements
126
ARTICLE IX
SIGNS
127
Section 9.1
General Provisions
127
Section 9.2
In General
127
Section 9.3
Determination of Sign Copy Area
127
Section 9.4
Determination of Sign Height
127
Section 9.5
Determination of Sign Setback
127
Section 9.6
Protection Under First Amendment Rights
127

• Section 9.7
Changeable Copy
128
Section 9.8
Illuminated Signs
128
Section 9.9
Zoning Compliance Certificate Required
128
Section 9.10
Construction Standards
128
Section 9.11
Maintenance Required
128
Section 9.12
Dangerous or unsafe signs
129
Section 9.13
Removal of Discontinued Signs
129
Section 9.14
Removal & Disposal of Signs in Right -of -Way
129
Section 9.15
Signs Expressly Prohibited
129
Section 9.16
Signs Permitted without a Zoning Compliance Certificate
132
Section 9.17
Signs Permitted with a Zoning Compliance Certificate in all
Zoning Districts
136
Section 9.18
Signs for Permitted Non -Residential Uses Permitted in
Residential Districts
138
Section 9.19
Signs Permitted in Certain Additional Zoning Districts
138
Section 9.20
Signs Permitted by Special Permit
140
ARTICLE X
BUFFERYARDS
142
Section 10.1
General
142
Section 10.2
Screening Requirements
142
Section 10.3
Buffering for the Business District
104
• ARTICLE XI
SPECIAL ENVIRONMENTAL PROVISIONS
144
Section
11.1
LAND Protection Standards
144
Section
11.2
Sand Fence Standards
145
ARTICLE XII
NON -CONFORMING SITUATIONS
147
Section
12.1
Continuation of Non -Conforming Situations
147
Section
12.2
Non -Conforming Lots of Record
147
Section
12.3
Extension or Enlargement of Non -Conforming Situations
147
Section
12.4
Reconstruction Prohibited
148
Section
12.5
Change in Kind of Non -Conforming Use
148
Section
12.6
Replacement of Non -Conforming Mobile Homes (Also see
SR#3)
149
Section
12.7
Discontinuance of Non -Conforming Uses
149
Section
12.8
Discontinuance of Non -Conforming Adult Oriented
Business
150
Section
12.9
Non -Conforming Signs
150
Section
12.9.1
Conformance Required
150
Section
12.9.2 Regulation of Non -Conforming Signs
150
Section
12.9.3
Illumination of Signs for Legal Non -Conforming Uses
151
0

• Page
Section 12.9.4 Damaged or Deteriorated Non -Conforming 151
Section 12.9.5 Maintenance of Non -Conforming Signs 151
ARTICLE XIII ADMINISTRATION AND ENFORCEMENT;
VIOLATIONS AND PENALTIES
152
Section
13.1
Administrative Officer
152
Section
13.2
Zoning Compliance Certificates; Building Permits; Certificates of
Occupancy Required
152
Section
13.3
Zoning Compliance Certificate
153
Section
13.4
Zoning Compliance Certificate With Vested Rights
154
Section
13.5
Duties of Zoning Administrator, Board of Adjustment, Courts
and Board of Commissioners to Matters of Appeal
156
Section
13.6
Violations; Remedies
157
Section
13.7
Inspection and Investigation
158
Section
13.8
Enforcement Procedure
158
Section
13.9
Failure to Comply With Notice
159
Section
13.10 Remedies; Penalties
160
ARTICLE XIV
BOARD OF ADJUSTMENT
160
Section
14.1
Establishment of Board of Adjustment
160
• Section
14.2
Rules of Conduct for Meetings
160
Section
14.3
Proceedings of the Zoning Board of Adjustment
161
Section
14.4
Appeals, Hearings and Notice
161
Section
14.5
Stay of Proceedings
162
Section
14.6
Powers and Duties of the Board of Adjustment
162
Section
14.7
Petition Procedure
167
Section
14.8
Appeals from the Board of Adjustment
167
ARTICLE XV
AMENDMENT PROCEDURES; SPECIAL USE
DISTRICTSGENERAL LEGAL PROVISIONS
168
Section
15.1
General
168
Section
15.2
Amendment Initiation
168
Section
15.3
Submittal
168
Section
15.4
Planning Board Action
169
Section
15.5
Board of Commissioners Action
169
Section
15.6
Protest Petition
169
Section
15.7
Special Provisions for Special Use Districts and Special
Use Permits
170
Section
15.8
Maximum Number of Application
172
ARTICLE XVI
GENERAL LEGAL PROVISIONS
173
Section
16.1
Interpretation, Purpose, Conflict
173
• Section
16.2
Repeal and Reenactment of Existing Zoning Ordinance
173

Page
Section 16.3 Effects Upon Outstanding Building Permits, Zoning
Compliance Permits and Special Use Permits 173
Section 16.5 Validity 174
Section 16.6 Effective Date 174
• atlanticbeach roc
0

• AN ORDINANCE AMENDING
APPENDIX A ZONING OF THE CODE OF ORDINANCES
OF THE TOWN OF ATLANTIC BEACH
BE IT ORDAINED by the Town Council of the Town of Atlantic Beach, North Carolina, that
the Code of Ordinances of the Town of Atlantic Beach, is hereby amended by rewriting
Appendix A Zoning in its entirely to read as follows:
"Appendix A
Zoning
Town of Atlantic Beach
ARTICLE I IN GENERAL
Section 1.1 Purpose
The zoning regulations and districts as herein set forth have been made in accordance with a
comprehensive plan and for the purpose of (1) Promoting the public health, safety, morals, and
general welfare; (2) Promoting the orderly growth and development of the Town of Atlantic
Beach and the surrounding area; (3) Lessening congestion in the street and roads; (4) Providing
• adequate light and air; (5) Securing safety from fires, panic, and other dangers; (6) Preventing
the overcrowding of land; (7) Avoiding undue congestion of population; (8) Facilitating the
adequate provision of transportation, water, sewerage, schools, parks, and other public
requirements. These regulations have been made with reasonable consideration, among other
things to the character of each Zoning District and its peculiar suitability for particular uses, and
with a view to conserving the value of buildings and encouraging the most appropriate use of
land throughout the Jurisdiction. These regulations have also been made with a view toward
implementing the policies, goals and objectives of the Town of Atlantic Beach Land Use Plan as
adopted under the auspices of the North Carolina Coastal Area Management Act. It is the
intention of the Town Council of the Town of Atlantic Beach that these regulations, in their
application, be interpreted as being consistent with the policies, goals and objectives of the Land
Use Plan and its ancillary components.
There exists within the zoning jurisdiction of Atlantic Beach certain areas which have substantial
sections of trees and shrubs of those families of trees and shrubs normally associated with
maritime forests, and such area are unique to both Atlantic Beach, Bogue Banks, and Coastal
North Carolina Barrier Islands. The purpose of these regulations and the requirements herein are
intended and designed to protect and preserve the maritime forest and trees and shrubs within the
maritime forest zoning overlay district while permitting reasonable development of such areas.
The Atlantic Beach Town Council does hereby find, determine and declare that Atlantic Beach is
a fragile environmental area and that the practice of destroying existing natural topography and
• vegetation greatly alters the stability and continuity of the land, increases the problems of
erosion, lessens the scenic value of the community, and constitutes a serious threat to the safety,

• stability and taxable basis of adjacent properties, and that such practices constitute a real danger
to the public health, safety and welfare of persons living, visiting and sojourning in Atlantic
Beach. The regulations are therefore promulgated to prevent the needless destruction of sand
dunes and the vegetation therein to the greatest extent possible. It is the intent of this ordinance
to prohibit and prevent any and all earth -moving activity without an appropriate review and
approval by the Town of Atlantic Beach.
It is also the purpose of these regulations to promote the public health, safety, and general
welfare and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to :
1) Restrict or prohibit uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
2) Require that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial
construction;
3) Control the alteration of natural flood plains, stream channels, and natural
protective barriers which are involved in the accommodation of flood
waters;
• 4) Control filling, grading, dredging, and other development which may
increase erosion or flood damage; and
5) Prevent or regulate the construction. of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards to
other lands.
In addition, the Atlantic Beach Town Council does hereby find, determine and declare that the
installation of sand fences on the ocean beach has been shown effective in the control of blowing
sand, resulting in the formation of dunes and establishment of vegetation thus protecting the
stability of the barrier island. However, when installed in an improper fashion, sand fences can
interfere with the ability of emergency vehicles to respond to emergencies and thus, the improper
placement of a sand fence is dangerous and prejudicial to public safety. Further, improperly
installed sand fences endanger nesting sea turtles and their hatchlings, and may impede access of
the public to public trust beaches and the waters of the Atlantic Ocean. It is the intent of these
regulations to regulate the installation of sand fences to the end that their importance in erosion
control will be preserved, but the adverse impact on sea turtles and the public will be minimized.
Section 1.2 Authori1y
• This Ordinance is enacted pursuant to the authority conferred by Article 19 of Chapter 160A of
the General Statues of North Carolina; and, North Carolina General Statutes (NCGS) 160A-174;

• NCGS 160A-193, et.seq.; NCGS 160A-491; Part 6, Article 21 of Chapter 143, NCGS; and
Article 8 of Chapter 160A NCGS.
Section 1.3 Title
This Ordinance shall be known as the "Zoning Ordinance of the Town of Atlantic Beach, North
Carolina" and may be referred to as the 'Zoning Ordinance'. The map referred to herein is
identified by the title 'Official Zoning Map, Atlantic Beach, North Carolina' and may be known
as the 'Zoning Map'.
Section 1.4 Territorial Jurisdiction
For the purpose of this Zoning Ordinance, the zoning jurisdiction of the Town of Atlantic Beach
shall include the land within the corporate limits of the Town as now or hereafter fixed.
Section 1.5 Incorporation of Zoning Map
The Official Zoning Map, Atlantic Beach, North Carolina and all notations, references and other
information shown on the map including Overlay District maps and other reference maps and
• information are hereby incorporated and made a part of this Ordinance.
0
SAtlanticbeacharticleI

• ARTICLE II. DEFINITIONS
Section 2.1 General Definitions
For the purpose of this ordinance, certain terms or words used herein shall be interpreted as
follows.
The present tense includes the future tense and the future tense includes
the present tense.
The singular number includes the plural number and the plural number
includes the singular number.
The word "may" is permissive.
The word "shall' and "will' are mandatory.
The word "town" shall mean the Town of Atlantic Beach, North Carolina.
The words "zoning board," "zoning commission," or "planning board" shall mean
the Atlantic Beach Planning Board.
• The word "person" includes a firm, association, organization, partnership, trust,
company, or corporation as well as an individual.
Definitions.
The words "used" or 'occupied" include the words intended, designed, or
arranged to be used or occupied.
The word "lot" includes the words plat or parcel.
The word "structure" shall include the word "building."
Accessory use or structure. A use or structure on the same lot with, and of a
nature customarily incidental and subordinate to the principal use or structure.
All y. A public thoroughfare, not intended for general traffic circulation, which
affords only a secondary means of access to abutting property.
Amusement rides. Ferris wheels and other similar low velocity rides and/or uses
normally associated with an amusement park or theme park which are designed
for the relatively quiet enjoyment of riders. Large, high velocity rides such as
is
roller coasters and rides which tend to either cause or induce loud noises from
4

• either its operation or from the riders or participants are specifically excluded
from this definition.
,dpartment. A room or suite of one (1) or more rooms in a multiple -dwelling
intended for use as a residence by a single family.
Apartment house. See Dwelling, multiple.
rade. Any building or other structure, or portion thereof, which is used for
commercial games and/or entertainment which include but are not limited to coin
or token operated game machines, billiard tables, and other activities and facilities
designed for commercial amusement or recreation.
Beach bingo. A bingo game which has prizes of ten dollars ($10.00) or less or
merchandise that is not redeemable for cash and that has a value of ten dollars
($10.00) or less, as defined in G.S. 14-309.6, as amended.
Bedroom. An enclosed room that is used principally for sleeping or contains a
closet and has direct and immediate access to a full bathroom.
,buildable Area. This term shall mean or refer to that area of each lot or tract
excluding any applicable buffer zones and setback areas in which structures,
• garages, septic tanks, nitrification lines, accessory buildings and similar
appurtenances may be located.
uildin . See Structure.
.building, height of. The vertical distance measured from the average
elevation of the proposed finished grade at the front of the structure to the
mean level of the slope of the main roof.
Bjiffgr Zone. This term shall mean or refer to an area along the perimeter of any
lot, tract or development which is required to remain in its natural state except for
exempt activities or permitted development, clearing or activities herein, and
which natural state meets the requirements of this article.
Concessions. A business not requiring a sanitation grade from the Carteret County
Health Department located within a building which business is established for the
selling of liquid and frozen non-alcoholic refreshment, dip, ice cream, popcorn,
cotton candy, and similar snack items.
Church. An incorporated or unincorporated association for religious activities
operated on a nonprofit basis for the benefit of its members, including church
services and Sunday school services, but specifically excluding operation of day
• care facilities, private church schools or schools of religious charter or any other

• use or operation as an educational facility which requires registration pursuant to
G.S. 115C-552.
Corner lot. A lot located at the intersection of two (2) or more streets.
Customary home occu ap tion. Any use conducted entirely within a dwelling and
carried on by the occupants thereof, which use is clearly incidental and secondary
to the use of the dwelling for residential purposes and which use does not change
the character of said dwelling as a residence. There shall be no display of the use
and no person not a resident of the premises shall be employed specifically in
connection with the home occupation. No mechanical equipment shall be installed
and used for the customary home occupation except that type of equipment which
is normally used for domestic or in -home professional purposes. No more than
twenty-five (25) percent of the total floor space of the structure shall be used for
home occupations.
Developed Lots. This term shall mean and refer to a lot, tract or acreage which is
already occupied by a principal use and principal and/or accessory buildings
located thereon as of the effective date of this article.
Development. This term shall refer to construction, building, repairing, clearing,
• removal, destruction, blasting, and other land disturbing activities.
Drive-in restaurant. A restaurant where service may be obtained while remaining
in one's automobile or where service may be obtained at a fast food takeout
counter.
Double,frontage lot. A lot other than a comer lot with frontage on more than one
(1) street. Double frontage lots are also known as through lots.
Dry cleaning and commercial laundry facilities. A business which cleans clothing
by the use of a process of nonflammable solvents. Additionally, such
establishments may provide laundry services of washing, drying, folding, and
packaging of clothing and linens. Laundry facilities shall not include self-service
washer and dryer facilities or Laundromats.
Dwelling. A building or portion thereof used exclusively for residential purposes,
including single-family and multi -family dwellings, but not including motels,
hotels, and boardinghouses.
Dwelling. single family. A detached dwelling, other than a mobile home, designed
for occupation by one family and entirely surrounded by open space. The
• following shall not be considered a single family dwelling: A dwelling that
6

• space can be divided into two (2) or more separate housekeeping units, with
cooking facilities for each unit by the closing and securing of doors or the
enclosing of a cased opening less thin four (4) feet in width where each resulting
dwelling unit has a door opening to the outside or opening into a hall that leads to
an exit.
Dwelling, multi family. A dwelling designed for or occupied by more that one (1)
family with separate housekeeping and cooking facilities for each family.
u l x. A dwelling designed for or occupied by two (2) families, with
separate housekeeping and cooking facilities for each family.
Family. One (1) or more persons occupying a premises and living as a single
housekeeping unit.
Filling station. See Service station.
ronta a The distance between the two (2) side lot lines as measured along the
right-of-way line.
Front lot line. A line dividing a lot from any public highway, except a limited or
controlled access highway to which the lot has no access.
isGarage. private. A building or space used as an accessory to or a part of the main
building permitted in any residence district, and providing for the storage of
motor vehicles and in which no business, occupation, or service for profit is in
any way conducted.
Garage. public. Any building or premises, except those described as a private or
storage garage, used for the storage of cars or motor vehicles or where any such
vehicles are equipped for operation, repaired, or kept for remuneration, hire or
sale.
Garage. storage. Any building or premises, other than a private garage, used
exclusively for the parking or storage of motor vehicles.
Go-cart tracks. A lot or other area of land, the primary purpose of which is to
offer members of the public rides on small motorized non highway type vehicles.
The board of adjustment shall specify reasonable requirements with regard to
noise, operation of said vehicles, hours of operation, liability insurance and other
matters relating to safety standards and requirements.
Guest house (tourist home). Any dwelling occupied by owner or operator in
which rooms are rented for guests, and for lodging of transients and travelers for
• compensation, when not more than four (4) rooms are used for such purposes.

• Hotel. A building or other structure kept, used, maintained, advertised as or held
out to the public to be a place where sleeping accommodations are supplied for
pay to transient or permanent guests or tenants, in which five (5) or more rooms
are furnished for the accommodation of such guests; and having or not having one
(1) or more dining rooms, restaurants, or cafes, where meals or lunches are served
to such transients or permanent guests, such sleeping accommodations and dining
rooms, restaurants, or cafes, if existing, being conducted in the same building in
connection therewith.
Indoor commercial recreation. Indoor commercial recreation includes health
clubs, gymnasiums, athletic clubs, aerobics centers, dance studios, or martial arts
schools. An indoor facility including uses such as game courts, exercise
equipment, locker rooms, Jacuzzi and/or sauna, physical instruction programs, pro
shops and other similar uses.
Interior lot. A lot other than a corner lot with only one (1) frontage on a street.
Laundromat (coin -operated laundry). A self-service commercial establishment
for the washing and preparation of clothes and other fabrics.
Lot. A parcel of land of at least sufficient size to meet minimum zoning
• requirements for use, coverage, and area, and to provide such yards and other
open space as are herein required. For the purposes of this ordinance, the word
"lot" shall be taken to mean any number of contiguous lots or portions thereof,
upon which one (1) or more main structures for a single use are to be erected.
Lot depth, The distance measured in the mean direction of the side lines of the lot
from the midpoint of the front lot line to the opposite main rear line of the lot.
Lot lines. The lines bounding a lot.
Lot of record. A lot which is part of a subdivision recorded in the office of the
Register of Deeds, Carteret County, or a lot or parcel described by metes and
bounds, the description of which has been so recorded.
Maritime Forest area. Those areas located within the Town of Atlantic Beach
Maritime Forest Zoning Overlay (MTF) District which are covered with or
contain trees and shrubs which are indigenous to Bogue Banks and the coastal
barrier island habitat, and which trees and shrubs have obtained a level of
maturity so that a substantial portion of the maritime forest has existing growth
which has obtained a trunk diameter of three (3) inches or more in diameter at the
trunk as measured in twelve (12) inches from the ground surface. The trees or
shrubs are generally characterized by the continuous canopy of vegetation
• produced by natural curtailment of vertical growth from wind and salt spray,
8

• resulting in horizontal growth so as the create the canopy and are generally of the
following genus or family:
Cedar cypress, dogwood, holly, juniper, magnolia, maple, oak, palmetto,
persimmons, and pine.
Mobile home. A dwelling unit that (I) is not constructed in accordance
with the standards set forth in the North Carolina State Building Code, and
(ii)is composed of one or more components, each of which was
substantially assembled in a manufacturing plant and designed to be
transported to the home site on its own chassis, and (iii) exceeds forty (40)
feet in length and eight (8) feet in width.
Mobile Home Park. A mobile home park is any lot, parcel, or tract of land used
for the placement of more than one (1) mobile home. All mobile home parks
established after the effective date of this article shall comply with the provisions
of this article. This ordinance shall not apply to the placement of one (1) mobile
home on any one (1) lot, parcel, or tract of land provided that such placement
shall comply with all applicable ordinances or regulations of the Town of Atlantic
Beach.
Mobile home space. A plot of land within a mobile home park used, designed to
• be used, or intended to be used for the placement of a single mobile home.
Mobile home stand. That portion of the mobile home used, intended to be used or
designed to be used as the area occupied by the mobile home itself.
Modular Home. A dwelling unit or building constructed in accordance with the
standards set forth in the North Carolina State Building Code and constructed of
components substantially assembled in a manufacturing plant and transported to
the building site for final assembly on a permanent foundation. Among other
possibilities, a modular unit may consist of two (2) or more sections transported to
the site in a manner similar to a Mobile Home (except that the modular unit meets
the North Carolina State Building Code), or a series of panels or room sections
transported on a truck and erected or joined together on the site.
Motor court (motel,). A building or other structure designed, constructed or altered
and held out to the public to be a place where sleeping accommodations, with or
without restaurant, are furnished for compensation to guests or tenants, and
having the other necessary accessory structures in connection with such motor
court.
Motorhome. A self-propelled wheeled vehicular portable structure, built on a
chassis, designed to be used as a temporary dwelling for travel and/or recreational
• purposes, having a body width not exceeding ten (10) feet.
9

• Natural state. This term shall refer to the undisturbed condition of the land before
any modification, alteration or other artificial changes caused by human activity.
Nonconforming use. A structure or land lawfully occupied by an existing use
which does not conform with the permitted uses for the zoning district in which it
is situated; either at the effective date of this ordinance or as a result of subsequent
amendments to this ordinance.
Parking I . An area or plat of land used for the storage or parking of vehicles.
Planned unit development (PUD). An area of land under unified control, to be
developed as a single entity for a number of dwelling units and commercial uses,
or either of the same, the plan for which may not correspond in lot size or type of
dwelling or commercial use, density, lot coverage and required open space to the
regulations established in any one (1) or more districts created, from time to time,
under the provisions of these zoning ordinances.
Rear lot line. Any lot line which is not a front or side lot line and which if
extended in either direction, would not cross the lot.
Recreational vehicle. A recreational vehicle is a vehicle which is: (1) built on a
• single chassis; (2) is no more than eight feet in width and forty feet or less in
length, and when erected on site is not greater than 400 square feet; (3) self
propelled or permanently towable by a light duty truck; and (4) designed
primarily not to be used as a permanent dwelling, but as temporary living quarters
for recreation, camping and travel.
Recreational vehicle park. Any site or tract of land of at least one acre upon
which are located the *minimum number of recreational vehicle spaces or land area
required by this ordinance, regardless of whether or not a charge is made of such
service.
Recreational vehicle space. A plot of land within a recreational vehicle park
designed for the accommodation of one (1) recreational vehicle. The plot shall
contain a minimum of one thousand (1000) square feet.
Restaurant. A building or part of a building used or designed for the serving of
food for compensation on the premises, but not including a drive-in restaurant. An
establishment requiring a sanitation grade, meaning and including restaurants,
catering operations, coffee shops, cafeterias, short order cafes, luncheonettes,
school lunchrooms, delicatessens, and all other establishments and operations
where food is prepared, handled and served at wholesale or retail for pay; as well
is as sandwich manufacturing establishments, kitchens, and all other places in which
10

• food is handled or prepared for sale elsewhere. Due to the lack of public health
significance, the term does not include establishments which only serve such
items as dip ice cream, popcorn, candied apples or cotton candy. Does not include
"tavem" as defined herein.
Sand Dunes. Synonymous with "dune structure" and "dune ridge system," shall
be defined as mounds or hills primarily made up of sand that may or may not have
naturally occurring vegetation growing upon them and that generally and visibly
exceed the average elevation of the surrounding landscape. For the purposes of
this article, the term may not refer to one (1) or more sand dunes that are
topologically integrated by a topographical feature forming a "dune ridge system"
that is clearly distinct from the surrounding landscape.
Service station. A building or lot where gasoline, oil, greases, and accessories are
supplied and dispensed to the motor vehicles trade, also where battery, tire, and
other similar services are rendered.
Setback The horizontal distance from the property line or street right-of-way line
to the nearest part of the applicable building, structure, sign, or use, measured
perpendicularly to the line. Setbacks create yards.
Sewer System public. Sewage collection system serving three, (3) or more
• separate connections. These systems involve the decomposition of liquid sewage
and reduction of sewage solids by means of a "package plant" such as filtration
beds, large septic tanks or complex plants employing aerobic digestion and
biological oxidation, etc., and must be approved by the N.C. Division of Water
Quality and the state board of health.
Side lot line. Any lot line which meets the end of a front lot line or any other lot
line within thirty (30) degrees of being parallel to such a line, except a front lot
line.
&ecial use. A use that would not be appropriate generally as a right without
restriction throughout a zoning district, but which, if controlled as to number,
area, location, or relation to neighborhood, would promote the public health,
safety, morals, or the general welfare.
Story. That portion of a building included between the surface of any floor and the
surface of the next floor above it, or if there is not floor above it, then the space
between such floor and the ceiling next above it. In computing the height of
building, the height of basement or cellar, if below grade, shall not be included.
tr et. A thoroughfare which affords the principal means of access to abutting
property, including avenue, place, way, drive, lane, boulevard, highway, road, and
• any other thoroughfare except an alley.
11

•Street line. The line between the street and abutting property.
tructure. Anything constructed or erected, the use of which requires location on
the land, or attachment to something having a permanent location on the land.
Structural alterations. Any change, except for repair or replacement in the
supporting members of the building, such as bearing walls, columns, beams, or
girders.
Tavern. An establishment whose primary function is the sale for consumption of
alcoholic beverages on the premises but may not be eligible for license as a
restaurant in the State of North Carolina. The term shall include cocktail lounges,
taverns, and pubs. The sale, preparation or consumption of food incidental to the
activities listed above shall not exempt an establishment from this definition
unless it meets the criteria of a restaurant as defined by the State of North
Carolina Alcoholic Beverages Control Commission and as defined therein.
Teenage club. An establishment catering to young adults where young people
primarily attend in order to socialize, dance and have other entertainment,
including live entertainment. No alcoholic beverages may be sold at such an
establishment.
• Tent camper. A portable collapsible structure, built or mounted on a self-
propelled or towed wheeled vehicle, which may have a rigid or semi -rigid top
and/or sides, designed to be used as a temporary dwelling for travel and/or
recreational purposes.
•
Through lot. A lot other than a comer lot with frontage on more than one (1)
street. Through lots abutting two (2) streets may be referred to as double frontage
lots.
Tourist home. See Guest house.
Travel trailer. A vehicular unit mounted on wheels, designed to provide
temporary living quarters for recreational, camping, or travel use, of such size or
weight as not to require special highway movement permits when drawn by a
motorized vehicle, and with a living area of less than two hundred twenty (220)
square feet (20.44sq.meters), excluding built in equipment (such as wardrobes,
closets, cabinets, kitchen unit or fixtures) and bath and toilet rooms. (See
"recreational vehicle.")
Truck camper. A portable structure, which may be mounted on a towed or self-
propelled wheeled vehicle, designed to be used as a temporary dwelling for travel
12

• and/or recreational purposes. When mounted on a vehicle, the vehicle is included
within the meaning of the term.
Undisturbed area. An area which is left in its natural state with the exception that
shrubs, weeds, and other undergrowth having a diameter of less than three (3)
inches, measured at a height of four (4) feet above ground level, may be removed.
Unified control. As applied with respect to planned unit developments, this phrase
shall mean ownership of the entire tract at the time of application by one (1)
person, firm, partnership, corporation or joint venture; or ownership by such
person or entity of an enforceable, recorded option or options to purchase the
entire tract.
Used car iun , ard. A lot or group of contiguous lots used for the dismantling or
wrecking of used automobiles or the storage, sale, or dumping of dismantled or
wrecked cars or their parts.
Vacant or underdeveloped lot. A lot existing within a platted subdivision or a lot
of record as of the effective date of this article that is not built upon or where a
principal use is not established.
Variance. A variance is a relaxation of the terms of the zoning ordinance. Such
• variance shall not be contrary to the public interest. A variance may be made
where, owing to conditions peculiar to the property not the result of actions of the
applicant, a literal enforcement of the regulations would result in unnecessary and
undue hardship.
•
Water vstem public. Water systems serving ten (10) or more connections are
classified as public water supplies by law, and plans and specifications must be
approved by the sanitary engineering division of the state board of health.
Wireless Telecommunications Tower. A tower supporting licensed or unlicensed
wireless telecommunication facilities including cellular, digital cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), commercial or private paging services, or
similar services marketed or provided to the general public. This definition does
not include services by non-commercial entities in the Amateur Radio Service,
Public Safety Radio Service, or licenses assigned to non-profit organizations, such
as the Red Cross, Civil Air Patrol, Military Affiliated Radio Service (MARS) that
are licensed by the Federal Communications Commission.
Yard. An open space on the same lot with a building, unoccupied and
unobstructed from the ground upward, except by trees or shrubbery or as
otherwise provided herein.
13

• Yardfront, A yard across the full width of the lot, extending from the frontline
of the building to the front line of the lot, excluding steps, but including all
porches closed, unclosed or covered which shall not project into a front yard.
Youth centers. An establishment managed by a bona fide non-profit, community,
charitable, or religious organization having as its sole purpose positive
development of adolescents and teenagers, and which provides controlled and
properly supervised activities for adolescent and teenage person. Said
establishment is required to have consistent adult supervision during all hours of
operation with structured activities for young peoples that are conducted on a
consistent and regular basis.
Zoning Administrator. An employee or agent of the Town who is assigned
primary responsibility for the administration and enforcement of the Zoning
Ordinance.
Zoning Compliance Certificate. A permit issued by the town conferring the right
to undertake and complete the development or the use of property.
Zoning Compliance Certificate with Vested Rights. A permit authorized by the
Board of Adjustment concerning the right to undertake and complete the
development of and use of property under the terms and conditions of an
• approved site specific development plan.
Section 2.2 Definitions Related to Flood Damage Prevention
Accessory structure means structures which are located on the same parcel of property as the
principal structure and the use of which is incidental to the use of the principal structure.
Garages, carports and storage sheds are common urban accessory structures. Pole bams, hay
sheds and the like qualify as accessory structures on farms, and may or may not be located on the
same parcel as the farm dwelling or shop building.
Addition (to an existing budding) means an extension or increase in the floor area or height of a
building or structure. Additions to existing buildings shall comply with the requirements for new
construction, unless the addition, renovation or reconstruction to any building, that was
constructed prior to the initial flood insurance study for that area, and the addition, renovation or
reconstruction does not equal fifty (50) percent of the present market value of the structure.
Where a firewall is provided between the addition and the existing building, the addition(s) shall
be considered a separate building and must comply with the standards for new construction.
4R12ea means a request from a review of the local administrator's interpretation of any provision
of this chapter.
Area of hallow foodtng means a designated AO or VO Zone on a community's flood insurance
• rate map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined
14

• channel does not exist, where the path of flooding is unpredictable and indeterminate, and where
velocity flow may be evident.
Area ofsj2ecial flood hazard is the land in the floodplain within a community subject to a one (1)
percent or greater chance of being equaled or exceeded in any given year.
Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any
given year.
Basement means that lowest level or story which has its floor subgrade on all sides.
Breakaway wall means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or the supporting foundation
system. A breakaway wall shall have a design safe loading resistance of not less than ten (10)
and no more than twenty (20) pounds per square foot. A wall with loading resistance of more
than twenty (20) pounds per square foot requires a professional engineer or architect's certificate.
Buildine means any structure built for support, shelter, or enclosure for any occupancy or
storage.
Coastal high hazard area means an area of special flood hazard extending from offshore to the
• inland limit of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources.
Aevelonment means any manmade change to improved or unimproved real estate, including, but
not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials.
Elevated building means a non -basement building (a) built, in the case of a building in Zones
Al--A30, AE, A, A99, A0, AH, B, C, or X to have the top of the elevated floor, or in the case of
a building in Zones Vl--V30, VE, or V to have the bottom of the lowest horizontal structural
member of the elevated floor above the ground by means of pilings, columns (posts and piers),
shear walls parallel to the flow of water and, (b) adequately anchored so as not to impair the
structural integrity of the building during a flood up to the magnitude of the base flood. In the
case of Zones Al--A30, AE, A, A99, A0, AH, B, C, and X, "elevated building" also includes a
building elevated by means of fill or solid foundation perimeter walls with openings sufficient to
facilitate the unimpeded movement of flood waters. In the case of Zones Vl-V30, VE, or V,
"elevated building" also includes a building otherwise meeting the definition of "elevated
building," even though the area below is enclosed by means of breakaway walls if the breakaway
walls meet the standards of section 1220(5) of this chapter.
Existing manufactured home park or manufactured home subdivision means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
15

• the construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of this chapter.
Expansion to an existing manufactured home park or subdivision means the preparation of the
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete slabs).
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
1) The overflow of inland or tidal waters; and,
2) The unusual and rapid accumulation of runoff of surface waters from any source.
Flood hazard boundary map (FHBM) means an official map of a community, issued by the
Federal Emergency Management Agency, where the boundaries of the areas of special flood
hazard have been defined as Zone A.
Flood insurance rate map (F means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
isFlood insurance study is the official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the flood boundary floodway map and the
water surface elevation of the base flood.
Floor means the top surface of an enclosed area in a building (including basement), i.e., top of
slab in concrete slab construction or top of wood flooring in wood frame construction. The term
does not include the floor of a garage used solely for parking vehicles.
Functionally dependent facility means a facility which cannot be used for its intended purpose
unless it is located or carried out in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or
seafood processing facilities. The term does not include long-term storage, manufacture, sales, or
service facilities.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of the structure.
Historic structure means any structure that is: (a) listed individually in the National Register of
Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily
determined by the Secretary of Interior as meeting the requirements for individual listing on the
National Register; (b) certified or preliminarily determined by the Secretary of Interior as
• contributing to the historical significance of a registered historic district or a district preliminarily
16

• determined by the secretary to qualify as a registered historic district; (c) individually listed on a
state inventory of historic places; (d) individually listed on a local inventory of historic places in
communities with historic preservation programs that have been certified (1) by an approved
state program as determined by the Secretary of Interior, or (2) directly by the Secretary of
Interior in states without approved programs.
Levee means a manmade structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain, control, or divert the flow of water so as
to provide protection from temporary flooding.
Levee system means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated
in accordance with sound engineering practices.
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or
storage in an area other than a basement area is not considered a building's lowest floor provided
that such an enclosure is not built so as to render the structure in violation of the applicable non -
elevation design requirements of this chapter.
Manufactured home means a structure, transportable in one (1) or more sections, which is built
on a permanent chassis and designed to be used with or without a permanent foundation when
• connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle."
•
Manufactured home nark or subdivision means a parcel (or contiguous parcels) of land divided
into two (2) or more manufactured home lots for rent or sale.
Mean sea level means the average height of the sea for all stages of the tide. It is used as a
reference for establishing various elevations within the floodplain. For purposes of this chapter,
the term is synonymous with National Geodetic Vertical Datum (NGVD).
National Geodetic Vertical Datum tNGVDI as corrected in 1929 is a vertical control used as a
reference for establishing varying elevations within the floodplain.
New construction means structures for which the "start of construction" commenced on or after
the effective date of this chapter and includes any subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete slabs) is completed on or after the
effective date of this chapter.
17

• Nonconforming building or use means any legally existing building or use which fails to comply
with the provisions of the chapter.
Primao! frontal 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 inland limit of the primary frontal dune occurs at the point where there is a
distinct change from a relatively steep slope to a relatively mild slope.
Recreational vehicle. A recreational vehicle is a vehicle which is: (1) built on a single chassis;
(2) is no more than eight feet in width and forty feet or less in length, and when erected on site is
not greater than 400 square feet; (3) self propelled or permanently towable by a light duty truck;
and (4) designed primarily not to be used as a permanent dwelling, but as temporary living
quarters for recreation, camping and travel.
$gf=ce feature is the receding edge of a bluff or eroding frontal dune or, if such a feature is
not present, the normal high water line or the seaward line of permanent vegetation if high water
line cannot be identified.
Remgdy a violation means to bring the structure or other development into compliance with state
or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its
noncompliance. Ways that impact may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement provisions of this
• chapter or otherwise deterring future similar violations, or reducing federal financial exposure
with regard to the structure or other development.
•
li =r setback means a distance equal to sixty (60) times the average annual long-term
recession rate at a site, measured from the reference feature.
Start ofconstruction (for other than new construction or substantial improvements under the
Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement, and means the
date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, or improvement was within one hundred eighty (180)
days of the permit date. The actual start means the first placement of permanent construction of a
structure (including a manufactured home) on a site, such as the pouring of slabs or footings,
installation of piles, construction of columns, or any work beyond the stage of excavation or the
placement of a manufactured home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading, and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers or
foundations, or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual start of construction means
the fast alteration of any wall, ceiling, floor, or other structural part of the building, whether or
not that alteration affects the external dimensions of the building.
M

• Structure means, for floodplain management purposes, a walled and roofed building, a
manufactured home, including a gas or liquid storage tank, or other manmade facilities or
infrastructures that are principally above ground.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty (50) percent
of the market value of the structure before the damage occurred. See definition of "substantial
improvement."
Substantial improvement means any repair, reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market
value of the structure before the "start of construction" of the improvement. This term includes
structures which have incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either: (1) any project of improvement of a
structure to correct existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement official and which are
the minimum necessary to assure safe living conditions; or, (2) any alteration of a historic
structure, provided that the alteration will not preclude the structure's continued designation as a
historic structure.
Substantially improved existing manufactured home park or subdivision means where the repair,
reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds
• fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction, or
improvement commenced.
Variance is a grant of relief to a person from the requirements of this chapter which permits
construction in a manner otherwise prohibited by this chapter where specific enforcement would
result in unnecessary hardship.
Violation means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in Articles II
and III is presumed to be in violation until such time as that documentation is provided.
Zone of imminent collapse means an area subject to erosion adjacent to the shoreline of an ocean,
bay or lake and within a distance equal to ten (10) feet plus five (5) times the average annual
long-term erosion rate for the site, measured from the reference feature.
Section 2.3 Definitions Related to Sims
Awning. A shelter projecting from and supported by the exterior wall of a building
constructed of non -rigid materials on a supporting framework.
Canopy. A permanent structure other than an awning made of cloth, metal or other
• material attached or unattached to a building for the purpose of providing shelter to
19

• patrons or automobiles, or as a decorative feature on a building wall. A canopy is not a
completely enclosed structure.
Changeable Copy. Copy that is or can be changed manually in the field or through
mechanical or electronic means, e.g. reader boards with changeable letters.
&CCL To assemble, build, construct, raise, install, attach, hang, place, suspend, affix,
post, create, paint, draw, apply or in any other way bring into being or establish.
Facing or Surface. The surface of a sign upon, against, or through which the message is
displayed or illuminated on the sign.
Frontage. Lot. The length of that part of a lot that fronts a public street.
Grade. The height of the top of the curb, or if no curb exists, the height of the edge of
pavement in the lane of travel adjacent to a freestanding sign.
Interstate Highway S sv tem. That portion of the national system of interstate and defense
highways located within the State as officially designated or as may hereafter be so
designated by the Board of Transportation or other appropriate authorities and are also so
designated by interstate numbers.
• Loeo. A business trademark or symbol.
Lot.. A parcel of land, the boundaries of which are established by some legal instrument
such as a deed or a recorded plat and which is recognized as a separate tract for purposes
of transfer of title.
ar uee A permanent roof -like structure other than a roof attached to, supported by,
and projecting from a building, providing protection from natural elements over the
ground, sidewalk or walkway.
Parapet,The portion of a building wall or false front the extends above the roof.
Person. Any natural person, firm, partnership, corporation, company, organization,
association, trust or individual or any other group or combination of individuals operating
as a unit and including any trustee, receiver, assignee or other similar representative
thereof.
Premises, A lot or parcel of real property where a business, profession, service,
commodity, product, accommodation, event, attraction or other enterprise or activity or
use exists or is conducted, manufactured, sold, offered, maintained or takes place.
Setback. The shortest horizontal distance from the property line or right-of-way to the
• nearest point (leading edge) of a sign or its supporting member.
20

•StI2L Any object, placard, flag, device, display or structure, or part thereof, made of any
material, except live vegetation, including any surface, fabric or other background
material which is designed, constructed and/or used for the purpose of relaying
information from a fixed or mobile position to visually inform, advertise, identify,
display, promote, direct or attract the attention of general or privileged persons to an
object, person, institution, organization, corporation, business, profession, commodity,
product, service, event or location by any means including, but not limited to, words,
letters, phrases, sentences, emblems, trademarks, tradenames, insignias, numerals,
figures, devices, designs, symbols, pictures, logos, fixtures, colors, illumination or
projected images or any other attention directing device, displayed by means of paint,
bills, posters, panels, or other devices erected on an open framework, or attached or
otherwise applied to stakes, poles, trees, buildings or other structures or supports. The
term sign shall include the terms advertisement, announcement, insignia, billboard, bill,
billet, badge, display, brand, emblem, flyer, label, message board, poster, shingle,
symbol, title and trademark. The term sign shall not include the terms television,
telegraph, radio, signal or transmission. If the message is removed from a structure that
was originally designed and used as a sign, this structure shall still be considered a sign.
Sign. Advertising, See Sign, Billboard.
,Sign. Awning, A sign placed directly on the surface of an awning. For purposes of this
• Ordinance an awning sign for measuring purposes will be considered a wall sign.
Sign. Billboard. A permanent, usually free-standing, off -premise sign that is affixed to
the ground or to a building, owned by a person, corporation or other entity that engages in
the business of selling or leasing the advertising space on that sign and which advertises
an establishment, service, commodity, goods or entertainment sold or offered on premises
other than that on which such sign is located. Such signs commonly referred to as
"outdoor advertising signs" are generally designed so that the copy or posters on the sign
can be changed frequently.
,Sign. Business. A permanent, on -premise sign that is affixed to the ground or to a
building which directs attention to a service, commodity, goods or entertainment sold or
offered on the premises on which such sign is located.
Sign. Campaign or Election. A sign that advertises a candidate or issue to be voted upon
on a definite election day.
Sign. Cano,2v. A sign attached to or painted onto or forms a part of a canopy. For the
purposes of this Ordinance a canopy sign for measuring purposes will be considered a
wall sign.
Sign. Changeable Copy, A sign message center or reader board that is designed so that
• its informational content or copy can be changed or altered by manual, electrical,
21

• electro-mechanical or electronic means. A changeable copy sign shall be counted as a
sign face.
Sign Clearance. The smallest vertical distance between the grade of the adjacent street,
and the lowest point of any sign, including framework and embellishment, extending over
that grade.
Sigu. Conforming. A sign which is in compliance with all the provisions of this
Ordinance.
Sign. Construction. A sign placed at a construction site giving the name or names of
building owners or developers, architects, engineers, and/or lending institutions and
principal contractors, subcontractors and material suppliers participating in construction
on the site where the sign is placed, together with other appropriate information included
thereon.
Sign Coov. Alphabetic, pictorial, numerical and/or graphic display of permanent or
removable words, letters, numbers, figures, characters, symbols, logos or insignia that are
used on a sign display surface area for advertising and/or informational purposes.
Sign Qpy Area. Area measured by the smallest circle, square or rectangle which will
encompass all elements of informational or representational matter including all cut outs
• or extensions together with any materials or color forming an integral part of the display
or to differentiate the sign from the background to which it is placed. The term sign copy
area shall also include the terms display area, surface area and the word area as it relates
to signage. The term sign copy area shall not be construed to include architectural trim,
frames and structural supports that do not bear any sign copy. In computing area, only
one (1) side of a double-faced sign shall be considered. The maximum angle of a
double-faced sign shall be 45 degrees, except for signs located at corners in which case
the maximum angle may be 90 degrees. This refers to the distance between sign faces on
a single structure.
Sign. Discontinued. Any conforming or legal nonconforming sign, other than a billboard
sign, which no longer identifies or advertises a bona fide business, service, product or
activity, and/or for which no legal owner can be found which has been discontinued for a
period of 120 days or more regardless of reason or intent, or a temporary sign for which
the permit has expired. This is not intended to apply to seasonal type businesses which
annually operate "in season." However, failure to operate any such seasonal business for
a minimum of 190 consecutive days in a calendar year will deem these signs to have been
discontinued.
&E n. Double-faced, A sign designed to be seen from two (2) opposite directions shall be
considered as one (1) sign, provided that the two (2) sign faces shall be supported on the
same pole(s) or other structure, are at the same elevation and form an angle of forty-five
• (45) degrees or less on an interior lot or ninety (90) degrees or less on a corner lot.
22

• Sign Face. The part of a sign that is or can be used to identify, advertise or communicate
information, or is used for visual representation which attracts the attention of the public
for any purpose. Sign face includes any background material, panel, trim, color or
internal illumination used that differentiates that sign from the building, structure,
backdrop, surface or object upon which or against which it is placed. The sign structure
shall not be included as a portion of the sign face provided that no identifyingladvertising
message, symbol or any of the aforementioned sign face criteria are displayed on or
designed as part of the sign structure, whether structurally necessary or not.
,sign. Flashing. Any sign which contains an intermittent or flashing light source, or
which includes the illusion of intermittent or flashing light by means of animation or an
externally mounted intermittent light source. Automatic changing signs such as public
service time, temperature and date signs or electronically controlled message centers are
classified as changeable copy signs, not flashing signs.
Sign. Freestanding. A sign which is permanently affixed to and supported by structures
or supports such as poles, masts or frames which are placed upon or anchored in the
ground and which structures or supports are independent from any building or other
structure. Pole, ground and billboard signs are examples of freestanding signs.
Sign. Government. Any temporary or permanent sign, symbol or device erected and
• maintained for any Federal, State, County or Municipal governmental purposes
including, but not limited to, legal notices, identification and informational signs, and
traffic warning, directional or regulatory signs.
Sign. Ground. A freestanding sign with a base which either appears to rest on the ground
or which has a support(s) which places the base and portion of the sign copy area thereof
less than ten (10) feet from the ground. A monument sign is a ground sign.
Sign. Hanging. Any sign suspended from a brace, arm, ceiling or other overhead
supports.
Sign Height. The vertical distance measured from the highest point of the sign, including
decorative embellishments, to the grade of the adjacent street or the surface grade beneath
the sign, whichever is less.
Sign. Identification. Means either or both of the following:
1. A sign used to display only the name, address, crest or trademark of the business,
individual, family, organization or enterprise occupying the premises; the profession
of the occupant; the name of the building on which the sign is displayed.
2. A permanent sign announcing the name of a subdivision, tourist home, group housing
• project, church, school, college, park or other public or quasi -public structure, facility
23

• or development and the name of the owners or developer but bearing information
pertaining only to the premises on which such sign is located and carrying no
advertising message.
Sign. Illegal. A sign which does not meet the requirements of this Ordinance and which
has not received legal non -conforming status.
Sign. Incidental. A small sign, emblem or decal informing the public of goods, facilities
or services available on the premises, e.g., a credit card sign or a sign indicating hours of
business.
Sign. Illuminated. A sign illuminated in any manner by an artificial light source, whether
internally or externally lit.
Sign. Internally or Directly Illuminated. A sign where the source of the illumination is
inside the sign and light emanates through the message of the sign through transparent or
translucent materials rather than being reflected off the surface of the sign from an
external source. Without limiting the generality of the foregoing, signs that consist of or
contain tubes that (i) are filled with neon or some other gas that glows when an electric
current passes through it and (ii) are intended to form or constitute all or part of the
message of the sign, rather than merely providing illumination to other parts of the sign
that contain the message, shall also be considered internally or directly illuminated signs.
• Sign. Indirectly or Externally Illuminated. A sign designed to have illumination from a
detached light source, shielded so that no direct rays from the light source are visible
elsewhere than on the lot where said illumination occurs. The term Sign, Indirectly or
Externally Illuminated includes backlighted.
C�
Sign. IUformational or Instructional. An on -premises sign designed to guide vehicular
and or pedestrian traffic and give other instruction or direction to the public but not
including any advertising message. The name or logo of the business or use about which
the sign is giving direction may also be included on the sign, provided such name or logo
does not comprise more than ten percent (10%) of the copy area. Such signs include, but
are not limited to, the following: the identification of rest rooms, public telephones,
walkways, entrance and exit drives, parking, handicapped access, freight entrances and
traffic direction.
Sign Maintenance. For the purposes of this Ordinance, 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.
Sign. Marquee. A sign affixed, superimposed, or painted on a marquee identifying the
name of an establishment, type of product sold, manufactured or assembled, and/or
service or entertainment offered on the premises where such a sign is displayed. For
24

• purposes of this Ordinance a marquee sign for measuring purposes will be considered a
wall sign.
Sign, Memorial. A sign designating names of buildings and/or date of erection and other
items such as architect, contractor, or others involved in the building's creation, cut into
or attached to a building surface.
&�& Motion. A sign or device designed to attract attention, all or any part of which uses
movement or apparent movement by fluttering, revolving, rotating, spinning, swinging,
animation or moving in some other manner and is set in motion by movement of water or
the atmosphere or by mechanical, electrical or any other means.
Sim. Movable. A sign which is movable by two or fewer individuals without aid of a
motor vehicle or other mechanical equipment. The term movable sign includes the terms
A -frame sign, T-shaped sign and tent sign.
Sign. Noncommercial. Any sign, display or device that does not direct attention to a
business operated for profit, or to a commodity, product or service for sale which displays
a substantive message, statement or expression that is protected by the First Amendment
to the US Constitution.
Sim. Nonconforming, Any sign which was lawfully erected in compliance with
• applicable code provisions and maintained prior to the effective date of this Ordinance,
and any amendments to, and which fails to conform to all applicable standards and
restrictions of this Ordinance. An illegal sign is not a nonconforming sign.
Sign. Object or Product. A sign used in conjunction with equipment or other functional
elements of a use or operation. These shall include, but not be limited to, drive -through
window menu boards, and signs on automatic teller machines, gas pumps, vending
machines or newspaper boxes.
Sim. Q0T- -remise. A sign or Structure, pictorial or otherwise, regardless of size of shape
that draws attention to or communicates information about a business, profession,
service, commodity, product, accommodation, event, attraction or other enterprise or
activity that exists or is conducted, manufactured, sold, offered, maintained or provided at
a location other than on the premises where the sign is located. Several types of
off -premise signs may exist or otherwise be subject to the requirements of this Ordinance.
Billboards are examples of off -premise signs. This definition does not include
governmental, traffic, directional, or regulatory signs or notices of the federal, state,
county or town government or their public agencies.
Sign. On -Premise. A sign or structure, pictorial or otherwise, regardless of size or shape
that draws attention to or communicates information about a business, profession,
service, commodity, product, accommodation, event, attraction or other enterprise or
• activity that exists or is conducted, manufactured, sold, offered, maintained or provided
25

• on the premises or at the same location (site or tract) as that where the sign is located.
Several types of on -premise signs may exist or otherwise be subject to the requirements
of this Ordinance regarding said signs.
i n Pole. A freestanding sign with the base and all of the sign copy area at least ten
(10) feet above the ground and which is supported from the ground by one or more poles
or similar support structures of narrow width (maximum of ten percent (10%) of the
width of the sign face) and not attached to any building (not a ground sign).
Sign. Political. A temporary sign used in connection with a local, state, or national
election or referendum.
Sign. Portable. A sign designed or intended to be readily relocated from one location to
another whether on the same premises or a different premises, is not permanently
attached to the ground, building or other permanent structure and is differentiated from a
Movable Sign in that it may be equipped for transportation by motor vehicle or other
mechanical means. The term Portable Sign shall include signs on wheels, trailers, truck
beds, or any other device which is capable of or intended to be moved from one location
to another. Signs defined as temporary signs are not included in this definition.
Sign. Proiecting, A sign which projects from and is supported by a building or other
structure only when said projection is greater than twelve (12) inches. The term
• Projecting Sign does not include the terms wall, awning, canopy or marquee sign, which
are otherwise defined herein.
Sign. Public Interest. A sign on private property that displays information pertinent to
the safety or legal responsibilities of the general public such as warning and no
trespassing signs.
Sign. Real Estate. A temporary sign that is used to offer for sale, lease, rent or
development the premises upon which such sign is placed.
Sign. Roof. A sign erected or maintained in whole or in part on, upon or over the roof or
parapet of a building or structure and which is wholly or partially dependent upon the
roof of the building or structure for support, provided that a roof sign does not project
over the highest part of the roof or structure.
Sign Structure. Any structure which supports, has supported or is capable of supporting a
sign, including any decorative cover for said sign structure.
Sign. Snipe. A temporary sign or poster affixed to a fence, pole, post, hydrant, bridge,
another sign, public bench, street light or any tree, rock or other natural object.
Sign. Temporary, Any sign, designed in structure, materials and/or copy message, which
• is temporary in nature to be used in connection with a circumstance, situation or event
26

• that is designed, intended or expected to take place or to be completed within a
reasonably short or definite period after the erection of such sign, whether attached to a
structure, fence or freestanding, and whether or not it contains a frame. The term
Temporary Sign includes the terms Banner, Pennant, Valance, Flyer and Announcement.
Temporary Sign materials consist of cloth, vinyl, canvas, light fabric, cardboard, paper,
wall board or other light material. This definition shall not include a permanent sign
display area with changeable copy, or to movable or portable signs.
Sign. Vehicle. A sign on a parked vehicle visible from the public right-of-way where the
primary purpose of the vehicle is to advertise a product or to direct people to a business
or activity located on the same or nearby property. For the purposes of this Ordinance,
vehicular signs shall not include business logos, identification or advertising on vehicles
primarily used for other business purposes.
Sign. Wall. A sign which is placed on and/or attached to and supported throughout its
entire length by the facade or exterior side of a building (or fence) wall by means of
adhesive, paint, manufacturing process, structural and/or mechanical attachment, which
said sign is not more than twelve (12) inches from the facade or exterior wall line and
when its exposed face is parallel or approximately parallel to the plane of the building or
structure on which the sign is affixed. Such sign may not extend above the roof line.
Sign. Window. A sign that is placed on and/or attached to the interior side of a window or
. door glass of a building by means of adhesive, paint and/or manufacturing process
intended for viewing from the exterior of such building; or a sign within a building,
placed no more than twelve (12) inches behind the window which is visible through the
window.
is
Special Event. A planned, temporary activity.
Street. Any publicly maintained right-of-way set aside for public travel which has been
accepted for maintenance as a street by the North Carolina Department of Transportation.
Structural (Architecturan Trim. The molding, battens, capping, nailing strips, latticing
and platfomvs which are attached to a sign structure.
Lim The purpose for which a building, lot, sign or structure is intended, designed,
occupied or maintained."
Section 2.4 Definitions Related to Adult Oriented Businesses
Adult Oriented Business. An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude
model studio, sexual encounter center (including adult massage parlor and adult health
27

• club), sexually oriented device business or any combination of the foregoing or any
similar business. As used in this Ordinance the following definitions shall apply:
Adult Arcade (also known as 'peep show"). Any place to which the public is permitted
or invited wherein coin -operated or slug -operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors, or other
image -producing devices are maintained to show images to persons in booths or viewing
rooms where the images so displayed depict or describe "specified sexual activities" or
"specified anatomical areas".
Adult Bookstore or Adult Video Store. A commercial establishment which as one of its
principal business purposes offers for sale or rental for any form of consideration any one
or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films,
motion Pictures, video cassettes or video reproductions, slides, or other visual
representations that depict or describe "specified sexual activities" or
"specified anatomical areas"; or
2. Instruments, devices, or paraphernalia that are designed for use in connection
with "specified sexual activities".
• Adult Cabaret. A nightclub, bar, restaurant, or other commercial establishment that
regularly features, exhibits or displays as one of its principal business purposes:
1. persons who appear nude or semi-nude; or
2. live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities"; or
films, motion pictures, video cassettes, slides, or other photographic
reproductions which depict or describe "specified sexual activities" or
"specified anatomical areas".
Adult Motel. A hotel, motel or similar commercial establishment that:
1. offers accommodations to the public for any form of consideration which
provides patrons with closed-circuit television transmissions, films, motion
pictures, video cassettes, slides, or other photographic reproductions that
depict or describe "specified sexual activities" or "specified anatomical areas"
as one of its principal business purposes; or
2. offers a sleeping room for rent for a period of time that is less than ten (10)
• hours; or
28

• 3. films, motion pictures, video cassettes, slides, or other photographic
reproductions which depict or describe "specified sexual activities" or
"specified anatomical areas".
Adult Motion Picture Theater. A commercial establishment where, for any form of
consideration, films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown as one of its principal business purposes that depict or
describe "specified sexual activities" or "specified anatomical areas".
Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment
which regularly features, exhibits or displays, as one of its principal business purposes,
persons who appear in a state of nudity or semi-nude, or live performances that expose or
depict "specified anatomical areas" or "specified sexual activities".
Escort. A person who, for any tips or any other form of consideration, agrees or offers to
act as a date for another person, or who agrees or offers to privately model lingerie or to
privately perform a striptease for another person.
Escort Agency A person or business that fiunishes, offers to furnish, or advertises to
furnish escorts as one of its principal business purposes, for a fee, tip, or other
• consideration.
Nude Model Studio. Any place where a person who appears nude or semi-nude, or who
displays "specified anatomical areas" is provided to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other persons who pay money
or any form of consideration. Nude Model Studio shall not include a proprietary school
licensed by the State of North Carolina or a college, junior college or university
supported entirely or in part by public taxation; a private college or university which
maintains and operates educational programs in which credits are transferable to a
college, junior college, or university supported entirely or partly by taxation; or in a
structure:
that has no sign visible from the exterior of the structure and no other
advertising that indicates a nude or semi-nude person is available for viewing;
and
2. where in order to participate in a class a student must enroll at least
three days in advance of the class; and
where no more than one nude or semi-nude model is on the premises
at any one time
0 Nude or State ofNudit�,
29

• 1. the appearance of a human anus, male genitals or female genital; or
2 a state of dress which fails to opaquely cover a human anus, male
genitals or female genitals.
Semi-nude. A state of dress in which clothing covers no more than the genitals, pubic
region, and areola of the female breast, as well as portions of the body covered by
supporting straps or devices.
Sexual Encounter Center. A business or commercial enterprise that, as one of its
principal business purposes, offers for any form of consideration physical contact in the
form of wrestling or tumbling (including sexually oriented massaging) between persons
of the opposite sex, or similar activities between male and female persons and/or between
persons of the same sex when one or more of the persons is in a state of nudity or
semi-nude.
Sexually Oriented Devices. Any artificial or simulated specified anatomical area or other
device or paraphernalia that is designed principally for specified sexual activities but
shall not mean any contraceptive device.
• Specified Anatomical Areas. Human genitals in a state of sexual arousal.
C�
&eciied Sexual Activities. Is and includes any of the following:
the fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts; or
2. sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation or sodomy; or
3. masturbation, actual or simulated; or
4. excretory functions as part of or in connection with any of the activities set forth
in 1. through 3. above
30

• Article III APPLICATION: GENERAL PROVISIONS: EXCEPTIONS AND
MODIFICATIONS
Section 3.1 Zoning Affects Every uildine and Use: Bona Fide Farms Exempt
No building or land shall hereafter be used and no building or part thereof shall be erected,
moved or altered except in conformity with the regulations herein specified for the district in
which it is located, except as hereinafter provided in this Zoning Ordinance.
Section 3.2 Relationshi12of Buildings to o Lot
Every building hereafter erected, moved or placed shall be located on a lot and in no case shall
there be more than one (1) residential building on a lot except as otherwise provided for in this
Ordinance. In any case where more than one principal building is permitted on a lot, such
buildings shall be separated by twenty (20) feet unless a lesser distance is other wise specifically
permitted by this Ordinance.
Section 3.3 Street Access
No building, structure or use of land shall be established on a lot nor shall any lot be created that
does not abut upon a public street as defined herein to which it has legal access for a distance of
not less than thirty-five (35) feet. Provided, the following exceptions shall apply to the access
• requirement:
1. The access requirement shall not apply to lawfully existing lots of record with
a minimum of thirty-five (35) feet of frontage on a dedicated but not
maintained street.
2. The access requirement shall not apply to developments exempt from the
public street access by specific development types as provided for in this
Ordinance.
Section 3.4 Lot of Record
Where the owner of a lawfully existing lot of official record in any residential district or the
owner's successor in title thereto does not own sufficient contiguous land to enable the owner to
conform to the minimum lot size requirements of this Ordinance, such lot may be used as a
residential building site, where permitted, provided, however, that the other requirements of the
district are complied with or a variance is obtained from the Board of Adjustment.
Section 3.5 Open Space Requirements
No part of a yard, court or other open space provided around any building or structure for the
purpose of complying with the provisions of this Ordinance shall be included as a part of a yard
• or other open space required under this Ordinance for another building or structure. Every part
31

• of a required yard shall be open and unobstructed from its lowest level to the sky, except as
provided for in this section. However, certain accessory structures are permitted to be placed in
the required yard areas as provided for herein.
Section 3.6 Reduction of Lot and Yard Areas Prohibited
No yard or lot existing at the time of passage of this Ordinance shall be reduced in size or area
below the minimum requirements set forth in this Ordinance. Yards or lots created after the
effective date of this Ordinance shall meet at least the minimum requirements established by this
Ordinance.
Section 3.7 Water and Sewer Requirements
The lot sizes required for the various Districts in this Ordinance were drawn based upon the
assumption that adequate water supply and sewage disposal systems are available. The lack of
adequate systems for one or both facilities may require larger lot areas or, in some instances,
because of Health Department Standards, may not permit development as intended.
Section 3.8 Height Limitation Exceptions
The height limitations of this Ordinance shall not apply to public buildings, churches, temples,
schools, hospitals, belfries, cupolas and domes not intended for residential purposes, or to
• monuments, water towers, observation towers, power and communication transmission towers,
flag poles and similar structures, provided such structures meet the required North Carolina
Building Code. Height limitations shall apply to cellular telephone towers as regulated herein.
Section 3.9 Building Setback Exceptions
Setback distances shall be measured from the property line or street right-of-way line to the
nearest portion of any building, or structure excluding:
1. Roof overhangs, window sills and bay windows which do not project into
any required yard more than three (3) feet; and
2. Walkways, if no portion of the same extends more than twelve (12) inches
off the ground; and
3. Any structure that is a mere appendage to a building, such as a flagpole, or
fountain.
Section 3.10 Fences and Walls
No fence shall be erected within any street or highway right-of-way.
• 2. No fence shall exceed in height six (6) feet in any residential district. In
32

• Business districts, no fence shall exceed ten (10) feet in height.
Additionally, in a business district, any fence in excess of eight (8) feet
must have that portion above eight (8) feet at least eighty-five (85) percent
open.
No fence which is less than eighty-five (85) percent open at a height
greater than two (2) feet shall be erected closer than ten (10) feet to the
paved portion of any street or highway.
4. The owner of the property on which the fence is located is required to
properly maintain the fence so as not to present a safety hazard or
nuisance or blight to the neighborhood.
Section 3.11 Accessoa Buildings and Structures
No accessory buildings shall be erected in any front yard whether required or provided.
Accessory buildings may be located in a side or rear yard according to existing setbacks. No
separate accessory building shall be erected within five (5) feet of any other building, unless it is
a one (1) hour fire rated construction.
All accessory buildings for residential use shall not exceed fifty percent (50%) of the gross floor
. area of the principal use building and/or cover more than thirty percent (30%) of the rear yard,
whichever is lesser.
•
Section 3.12 Double Frontaize Lots
In all Zoning Districts, Double Frontage Lots shall provide the minimum yard requirements for
Front Yards along both street fronts.
Section 3.13 Front Yard Setbacks for Dwellings
For dwellings in residential districts, where lots located on either side of a center lot are
improved with buildings having a front yard setback of less than 25 feet, and the structures are
no more than 200 feet apart, the required setback of the center lot shall be the average of the
setback of the two adjacent main buildings.
Section 3.14 Visibility at Intersections
On a corner lot, no planting, structure, sign, fence, wall or obstruction to vision more than three
(3) feet in height measured from the centerline of the street shall be placed or maintained within
the triangular area formed by the intersecting street right-of-way lines, and a straight line
connecting points on said street right-of-way lines, each of which is 20 feet distance from the
point of intersection.
33

• Section 3.15 Temporary Buildings
Temporary buildings, including mobile structures, incidental to a construction project may be
permitted to be used concurrent with the permit for permanent building(s) or construction. Such
temporary building shall be removed promptly upon completion of construction. No such
building shall be used for dwelling purposes. Temporary buildings shall be located at least 25
feet from any property used for residential purposes.
Section 3.16 Entrances/Exits to Public Streets
Entrances and exits to public streets shall be placed and constructed in accordance with the
"Policy on Street and Driveway Access to North Carolina Highway" adopted by the North
Carolina Department of Transportation (NCDOT), as amended. No portion of any entrance
driveway leading from a public street shall be closer than twenty (20) feet to the comer of any
intersection measured from the right-of-way line. The width of any entrance driveway leading
from the public street shall not exceed thirty (30) feet at its intersection with curb or street line.
No two driveways on a single lot leading from a public street shall be within twenty (20) feet of
each other measured along the right-of-way.
Outdoor lighting fixtures shall be installed in a manner to protect the street and neighboring
. properties from direct glare or hazardous interference of any kind.
d Travel Trailers for Storaee Prohibited
The use of mobile homes or travel trailers for storage purposes shall be expressly prohibited in
all zoning districts.
Section 3.19 Occunancv of Mobile Homes and Travel Trailers
No mobile home shall be occupied for dwelling purposes, temporary or otherwise, unless it is
located on an approved individual lot or an approved mobile home park as provided for in this
Ordinance. No travel trailer shall be occupied for dwelling purposes, temporary or otherwise,
unless it is located in an approved Recreational Vehicle Park as provided for in this Ordinance.
Section 3.20 Minimum Regulations
Regulations set forth by this Ordinance shall be minimum regulations. If the requirements set
forth in this Ordinance are at variance with the requirements of any other lawfully adopted rules,
regulations or ordinance, the more restrictive or higher standards shall govern.
• Section 3.21 Fees
34

• Applicants for permits and other procedures as provided for by this Ordinance may be required
to pay such fees as may be established by the Town Council in the Schedule of Fees and
Charges.
0 35

• ARTICE IV ESTABLISHMENT OF ZONING DISTRICTS
Section 4.1 Primary Zoning Districts Established: Purposes Set Forth
For the purposes of this Ordinance, the Town of Atlantic Beach, North Carolina is
hereby divided into the following primary use districts:
Section 4.1.1 RA-1 residential district.
The RA-1 residential district is established as a district in which the only use of land is
for single-family dwellings.
Section 4.1.2 RA-1.5 residential district.
The RA-1.5 residential district is established as a district in which only single-family
dwellings or duplex dwellings will be allowed.
Section 4.1.3 RA-1M residential district.
The RA-1M residential district is established as a district in which the only use of land is for
single-family dwellings which shall include conventional houses, modular homes and mobile
homes.
• Section 4.1.4 RA-2 residential district
The RA-2 is established as a district in which the principal use of land is for single-
family, duplex, triplex, and four -family dwellings.
Section 4.1.5 RA-3 residential district.
The RA-3 is established as a district in which the principal use of the land is for high
density residential development in order to provide overnight accommodations.
Section 4.1.6 RA-3M residential district.
The RA-3M residential district is established as a district in which the principal use of the land is
for high density residential development.
Section 4.1.7 RA-3V Residential district.
The RA-3V residential district is established as a district in which the principal use of
land is for high density residential development in order to provide over night
accommodations.
0 36

• Section 4.1.8 RR resort residential district.
The RR resort residential district is established as a district to provide areas, which,
due to their location, natural features and access, have an extremely high potential for
both permanent and tourist types of residential development.
Section 4.1.9 RC resort commercial district.
Within a limited business district, it is intended that permitted uses shall be oriented
to those businesses and services associated with those tourist related activities which
reflect a family atmosphere.
Section 4.1.10 RS recreational sound district.
The RS district is established as a district in which the principal use of land and
water is for recreational purposes only.
Section 4.1.11 GB general business zone.
The purpose of this district shall be to create and maintain general businesses and
professional offices which are necessary to the residents of Atlantic Beach and also
to the tourist who visit of Atlantic Beach.
• Section 4.1.12 CZ Conservation Zone
The purpose of this conservation zone is to provide environmental protection for surface waters
and to protect the wildlife and natural features of the property. Any activity in this zone
inconsistent with the purposes of this zone is prohibited. The property shall be maintained in its
natural, scenic, wooded and open condition and restricted from any development or use that
would impair or interfere with the conservation purpose of this conservation zone.
Section 4.2 Special Use Districts Established: Purposes Set Forth.
There is also established a Special Use District (SUD) which corresponds to each of
the districts authorized by this ordinance as follows:
RA-1 - SUD
RA-3M — SUD GB- SUD
RA-1.5- SUD
RA-3V -
SUD CZ - SUD
RA-I.M- SUD
RR -
SUD
RA-2 - SUD
RC -
SUD
RA-3 - SUD
RS -
SUD
It is recognized that certain types of zoning districts would be inappropriate at certain locations
in the absence of special conditions. Where the applicant for rezoning desires property to be
• rezoned to such a district in such situations, the Special Use District is a means by which such
37

• special conditions can be imposed in the furtherance of the purpose of this Ordinance. The
Special Use District classification will be considered for rezoning only upon request of a
property owner. If for any reason any condition imposed pursuant to these regulations is found
to be illegal or invalid or if the applicant should fail to accept any condition, it is the intent of this
Ordinance that the authorization of such Special Use Permit shall be null and void and of no
effect and that proceedings shall be instituted to rezone the property to its previous zoning
classification.
Within an SUD, only those uses authorized as permitted or special uses in the zoning district
with which the SUD corresponds shall be permitted, and all other requirements of the
corresponding district shall be met as minimum standards. In addition, within an SUD no use
shall be permitted except pursuant to a Special Use Permit authorized by the Town Council
which shall specify the use or uses authorized. Such permit may further specify the location on
the property of the proposed use and uses, the numbers of dwelling units, the location and extent
of supporting facilities such as parking lots, driveways and access streets, the location and extent
of buffer areas and other special purpose areas, the timing of development, the location and
extent of rights -of -way and other areas to be dedicated for public use, and other such matters as
the applicant may propose as conditions upon the request, but not to include conditions not
generally a part of land development controls. In granting a Special Use Permit the Town
Council may impose such additional reasonable and appropriate safeguards upon such permit as
it may deem necessary in order that the purpose and intent of this Ordinance are served, public
welfare secured and substantial justice done.
• Section 4.3 Overlay Districts Established: Poses Set Forth,
The Primary Zoning Districts established in Section 4.1 and the Special Use Districts established
in Section 4.2 may also be subject to the additional requirements of one or more Overlay District
as established herein.
Section 4.3.1 Maritime Forest Areas Overlay District.
There exists within the zoning jurisdiction of Atlantic Beach certain areas which have
substantial sections of trees and shrubs of those families of trees and shrubs normally
associated with maritime forests, and that such areas are unique to both Atlantic Beach,
Bogue Banks, and Coastal North Carolina Barrier Islands. The town has identified these
areas herein as the "maritime forest zoning overlay district" or "MTF" and the same are
shown on a MTF zoning overlay map which is approved herewith as part of the town
zoning ordinance. Furthermore, even though there may be lots within the maritime forest
zoning overlay district which do not contain trees and shrubs over a substantial portion or
area of the lot or lots, the town's maritime forest zoning overlay district does contain
substantially wooded areas throughout the MTF district which may be classified as
maritime forest, and such trees and shrubs have aesthetic value and perform extremely
useful functions with regard to inhibiting or preventing erosion by wind and water. The
purpose of this article and the requirements herein are intended and designed to protect
0 38

• and preserve the maritime forest and trees and shrubs within the maritime forest zoning
overlay district while permitting reasonable development of such areas.
Section 4.3.2 Flood Damage Prevention Overlay District.
The flood hazard areas of the town are subject to periodic inundation which results in loss
of life, property, health and safety hazards, disruption of commerce and government
services, extraordinary public expenditures of flood protection and relief, and impairment
of the tax base, all of which adversely affect the public health, safety, and general
welfare.
These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities, and by the occupancy in flood hazard
areas by uses vulnerable to floods or hazardous to other lands which are inadequately
elevated, flood proofed, or otherwise unprotected from flood damages.
It is the purpose of this Overlay District to promote the public health, safety, and general
welfare and to minimize public and private losses due to flood conditions in specific
areas by provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety, and property
due to water erosion hazards, or which result in damaging increases in
• erosion or in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of flood
waters;
(4) Control filling, grading, dredging, and other development which may
increase erosion or flood damage; and,
(5) Prevent or regulate the construction of flood barriers which will unnaturally
Divert flood waters or which may increase flood hazards to other lands.
The areas of special flood hazard identified by the Federal Emergency Management
Agency in its flood insurance study, dated August 15,1984, with accompanying maps and
other supporting data, and any revision thereto are adopted by reference and are
designated as the Flood Damage Prevention Overlay District.
0 39

• Section 4.4 District Boundaries Shown on Zoning Map
The boundaries of the districts are shown on the map accompanying this Ordinance and made a
part hereof entitled "Official Zoning Map. Atlantic Beach. North Carolina." The Zoning Map
and all the notations, references and amendments thereto, and other information shown thereon,
including referenced Overlay District Maps, are hereby made a part of this Ordinance the same
as if such information set forth on the map were all fully described as set out herein. The Zoning
Map is posted at the Atlantic Beach Town Hall and is available for inspection by the public.
Section 4.5 Rules Governing Boundaries
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown
on the official Zoning Map, the following rules shall apply:
A. Where district boundaries are indicated as approximately following the center
lines of streets or highways, street or highway right-of-way lines or such lines
extended, such center lines, street or highway right-of-way lines shall be
construed to be such boundaries.
B. Were district boundaries are so indicated that they approximately follow platted
lot lines, such lot lines shall be construed to be said boundaries.
• C. Where district boundaries are so indicated that they are approximately parallel to
the center lines of streets or highways, or highway, or right-of-way of same, such
district boundaries shall be construed as being parallel thereto and at such distance
therefrom as indicated on the Zoning Map. If no distance is given, such
dimension shall be determined by use of the scale shown on said Zoning Map.
D. Where any street or alley is hereafter officially closed, vacated or abandoned, the
zoning district adjoining each side of the street or alley shall be automatically
extended to the center of the street or alley, and all lands which are included in
the closed portion shall thereafter be subject to the regulations of the extended
districts.
E. Boundaries indicated as approximately following Town limit lines shall be
construed to follow such Town limit lines.
F. Where district boundaries are indicated as following topographic contours,
drainage divides or specific measured distances such features shall be construed
to be such boundaries.
G. Boundaries indicated as approximately following the centerlines of streams,
rivers, canals, lakes or other bodies of water shall be construed to follow such
centerlines.
is 40

• H. Distances not specifically indicated on the Official Zoning Map shall be
determined by the scale of the map.
I. It is recognized that there existed lots and uses of land which were lawful before
the passage or amendment of this ordinance, which would be prohibited,
regulated and restricted under the terms of this ordinance or future amendments.
Therefore, the owner or heirs of a contiguous lot (s) divided by a zoning district
that existed as of September 21, 1978 can extend the zoning of the greater portion
of that lot (s) 100' beyond the district boundary and further provided that the
remaining parcel shall not be less that the minimum required for the district in
which it is located.
Where physical or cultural features existing on the ground are at variance with
those shown on the Official Zoning Map, or if further uncertainty exists as to the
location of boundaries or applicability of zoning districts, the Board of
Adjustment shall interpret the intent of the Zoning Map as to the location of
such boundaries, and the applicability of such districts.
Section 4.6 Determining Permitted and Special Uses. Principal Uses
and Mixed Uses
. The listings of Permitted and Special Uses in the various Districts in this Ordinance are
considered to be specific in regard to the types of uses intended for each of the various Districts.
In determining proposed uses, the Zoning Administrator shall classify the form and function of
the use. When a proposed use is not specifically listed in the Table of Permitted and Special
Uses, the Zoning Administrator shall determine if the use is the same as, or manifestly similar to,
a listed use in form and function. If the Zoning Administrator finds that the proposed use is the
same as, or manifestly similar to, a listed use, he shall classify the proposed use as the listed use.
If the Zoning Administrator finds that a proposed use is not the same as, or is not manifestly
similar to, a listed use, he shall classify the proposed use as not permitted. In each case, the
Zoning Administrator shall maintain a written record of such determinations.
In determining what is a principal use, the principal use shall be considered as the primary
purpose or function that a lot or structure serves or is proposed to serve. An accessory use shall
be considered a structure or use that:
1) is clearly incidental to and customarily found in connection with a principal
building or use;
2) is subordinate to and serves a principal building or a principal use;
3) is subordinate in area, extent, or purpose to the principal building or principal use
served;
• 4) contributes to the comfort, convenience, or necessity of occupants, business, or
41

• industry in the principal building or principal use served; and
5) is located on the same lot and zones the same as the principal building or use
served.
Two or more principal uses may, in some cases, be permitted to occupy the same land or
building as long as each use is a permitted use.
•
is 42

• ARTICLE V SCHEDULE OF DISTRICT REGULATIONS
Section 5.1 Primary Zoning Districts Requirements.
The Primary Zoning Districts as established in Article IV, Section 4.1 shall comply with
all of the general and specific requirements of this Ordinance and in particular shall
comply with the following standards and requirements:
A. Uses. See Article VI entitled Listing of Permitted and Special Uses by
District.
B. Dimensional Requirements. See Article VII entitled Area, Height and
Placement Regulations.
C. Location of Accessory Buildings and Structures. Accessory buildings
and structures shall be placed in accordance with the provisions of
Section 3.11.
D. Off -Street Parking and Loading. Off-street parking and loading shall be
provided in accordance with the requirements of Article VIII.
E. JOL Signs shall be regulated by the requirements of Article IX.
• F. Landscaping and Buffers. Landscaping and buffers shall be provided in
accordance with the requirements of Article X.
G. Special Environmental Provisions. The standards of Article XI shall be
met for certain special environmental activities.
Section 5.2 Special Use District Requirements.
Only those uses authorized as permitted uses or special uses in the zoning district with
which the SUD corresponds shall be eligible to be permitted, and all other requirements
of the corresponding district shall be met as minimum standards. In addition, within a
SUD no use shall be permitted except pursuant to a Special Use Permit authorized by the
Board of Commissioners, which shall specify the location on the property of the proposed
use or uses, the number of dwelling units, the location and extent of supporting facilities
such as parking lots, driveways and access streets, the location and extent of buffer areas
and other special purpose areas, the timing of development, the location and extent of
right-of-way and other areas to be dedicated for public use, and other such matters as the
applicant may propose as conditions upon the request, but not to include conditions not
generally a part of land development controls. In granting a Special Use Permit the Town
Council may impose such additional reasonable and appropriate safeguards upon such
permit as it may deem necessary in order that the purpose and intent of this ordinance are
• served, public welfare secured and substantial justice done.
43

LJ
•
Section 5.3 Overlay Districts Requirements.
In addition to the standards and requirements of the underlying district, Overlay Districts
shall comply with the following requirements:
Section 5.3.1 Maritime Forest Area Overlay District.
A. General Design standards for all development. The following general design
standards shall apply to both new and existing development within the MTF district.
(1) Within the maritime forest overlay zoning district, all development
including developed lots, new development, and vacant or undeveloped
lots as those terms are defined herein, shall be designed, completed and
maintained so as to protect and enhance the continued growth of the
remaining undisturbed forest areas thereon.
(2) All new structures and improvements shall be situated so as to avoid the
cutting of maritime forest vegetation, as defined herein, as much as is
practicable given the specific circumstances on each particular lot, with
special consideration given to older growth with trunk sizes that are five
(5) inches in diameter or greater as measured twelve (12) inches from the
ground surface.
(3) A buffer zone forty (40) feet in width and remaining in its natural state
shall be required along the shoreline for all lots fronting on navigable
water.
(4) Notwithstanding any other provisions contained in this section, no
residentially zoned building site within the MTF overlay zoning district
shall have its surface area more than forty (40) percent covered by
impervious surfaces, including but not limited to buildings (including
covered decks and porches), accessory buildings, driveways, parking lots
or parking spaces. In addition, no commercially zoned building site shall
be more than sixty (60) percent covered by the above impervious
surfaces.
B. Specific design standards for new development. In addition to the general design
standards for all development, the following specific design standards shall be considered
by the zoning administrator and incorporated as a part of any permit for new
development:
(1) A buffer zone thirty-five (35) feet in width and remaining in its natural
44

• state shall remain on that portion of a development abutting N. C. Route
58, except where it is necessary to clear the same for a street, driveway,
parking area, sidewalk or similar access to the development.
(2) A buffer zone ten (10) feet in width and remaining in its natural state shall
be required on all remaining perimeter boundaries with adjoining property
owners, except for a development consisting of multi -family or commercial
uses which adjoin an existing single-family residential subdivision, in
which case the buffers shall be not less than twenty-five (25) feet in width.
(3) New development such as subdivisions or planned unit developments that
include new streets and rights -of -way may only be cleared to the extent
necessary for the construction of streets and utilities. All resulting lots
created by the new subdivision shall be subject to the requirements of
paragraph (4) below.
(4) Notwithstanding section (3) above, on all lots (commercially or
residentially zoned), a minimum of fifty (50) percent of any tract or parcel
of land being developed, which is in fact covered by maritime forest shall
be left in its natural state. Those portions of required buffer zones but
excluding driveways, sidewalks, or other impervious surfaces located
within the buffer zones, may be counted with regard to insuring that the
• tract or parcel of land meets the minimum fifty (50) percent requirements
herein. In every case wherever it is possible and practicable, the developer
of the lot shall be required to construct or make improvements on that
portion of the lot that is not in fact covered by maritime forest.
(5) Pedestrian walkways and/or unpaved parking areas may be permitted
within the undisturbed area of maritime forest if designed so as to leave the
overhead canopy of maritime growth unbroken.
C. Specific standards for developed lots within existing development. In addition to the
design standards applicable to all development, the following subsections shall pertain to
developed lots within existing subdivisions or areas located in the MTF district:
(1) Maritime forest trees or shrubs that are permitted to be cut within the
buildable areas of any lot shall be replaced on at least a one (1) for one (1)
basis by the permit holders where practicable as determined by the
administrator, using naturally occurring trees indigenous to Bogue
Banks in another suitable location upon the same lot.
(2) Authorization to cut any trees or shrubs within either the zoning areas or
within the applicable buffer zones other than the minimum vegetation
• required for placement of a driveway, sidewalk, pathway, or utilities, shall
require the approval of the board of adjustment. In the event the board of
45

• adjustment grants the application, the board of adjustment as part of the
approval shall as a minimum require that any trees or shrubs permitted to
be cut shall be replaced by suitable trees or shrubs on at least a one (1) for
one (1) basis in appropriate locations determined at the board's discretion.
The board may reasonably require trees or shrubs to be replaced on more
than a one (1) for one (1) basis. The procedure for appearing before the
board of adjustment shall be the same as that outlined in Article XN,
of this Ordinance. The decisions of the board in deciding such cases shall
be determined by a simple majority vote.
(3) The zoning administrator is authorized to permit the removal of trees or
shrubs within the maritime forest area within the zoning areas or the
buffer zones for walkways, sidewalks or utilities no greater than five (5)
feet width, or for driveways no greater than ten (10) feet in width.
D. Prohibited development activities. All development including but not limited to
construction, destruction, demolition, burning, cutting, removal, clearing, poisoning,
intentional damage to, and similar land disturbing activities involving the cutting or
removal by any method of any trees or shrubs with a trunk diameter of three (3) inches or
greater within the MTF district, without first applying for and being issued a permit from
the zoning administrator authorizing the actions carried out shall constitute a violation of
• this article. Additionally, the failure to restore any trees or shrubs within said MTF
district that have been killed, damaged, destroyed or removed in violation of this article
shall constitute a separate and distinct violation for each day that such failures shall
continue. Additionally, the failure to restore or replant any individual trees or shrubs as
ordered by the zoning administrator pursuant to any permit or the failure to restore any
individual trees or shrubs that were illegally destroyed or killed, damaged or removed, as
part of the restoration of the area as ordered by the zoning administrator, shall constitute a
violation of this section and a separate and distinct violation for each day that such
failure continues.
•
E. Exemptions. Exempted from this article is the clearing of underbrush, noxious weeds,
vines and briars, and small saplings or trees with a trunk diameter of less than (3) inches
as measured from twelve (12) inches above the ground surface, or the normal pruning or
maintenance of shrubs and trees. In addition, the removal of trees or parts thereof that are
dead or dying from natural causes as determined by the zoning administrator, or the
removal of trees or parts thereof that are substantially damaged from natural causes such
as storms, lightning, etc., as determined by the zoning administrator shall also be exempt
from this section. However, this exemption shall not apply to trees that were specifically
planted to restore trees that were illegally cut or removed, or to trees that were
specifically planted to mitigate the loss of trees that were legally permitted to be cut and
removed under the terms of this section.
m

• Section 5.3.2 Flood Damage Prevention Overlay District.
A. Warning and disclaimer of liability. The degree of flood protection required by this
district is considered reasonable for regulatory purposes and is based on scientific and
engineering consideration. Larger floods can and will occur on rare occasions. Flood
heights may be increased by manmade or natural causes. This section does not imply that
land outside the areas of special flood hazard or uses permitted within such areas will be
free from flooding or flood damages. This section shall not create liability on the part of
the town of Atlantic Beach or by any officer or employee thereof for any flood damages
that result from reliance on this section or any administrative decision lawfully made
hereunder.
B. Zoning permit and certification requirement Application for zoning permit shall be
made to the zoning administrator on forms furnished by him or her prior to any
development activities. The permit may include, but not be limited to, plans in duplicate
drawn to scale showing: the nature, location, dimensions, and elevations of the area in
question; existing or proposed structures; and the location of fill materials, storage areas,
and drainage facilities. Specifically, the following information is required:
1) Where base flood elevation data is provided, the application for a
permit within the Zone A on the flood insurance rate map shall show:
• a. The elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new and substantially improved structures,
and
b. If the structure has been floodproofed, the elevation (in relation to
mean sea level) to which the structure was floodproofed.
2) Where the base flood elevation data is not provided, the application for a
permit must show construction of the lowest floor at least two (2) feet above
the highest adjacent grade.
3) Where any watercourse will be altered or relocated as a result of proposed
development, the application for a permit shall include: a description of the
extent of watercourse alteration or relocation; an engineering report on the
effects of the proposed project on the flood -carrying capacity of the
watercourse and the effects to properties located both upstream and
downstream; and a map showing the location of the proposed watercourse
alteration or relocation.
4) When a structure is floodproofed, the applicant shall provide a certificate from
a registered professional engineer or architect that the nonresidential
• floodproofed structure meets the floodproofmg criteria of this section.
47

• 5) A floor elevation or floodproofing certification is required after the lowest
floor is completed. Within twenty-one (21) calendar days of establishment of
the lowest floor elevation , or floodproofing by whatever construction means,
whichever is applicable, it shall be the duty of the permit holder to submit to
the zoning administrator a certification of the lowest floor, or floodproofed
elevation, whichever is applicable, as built, in relation to mean sea level. Said
certification shall be prepared by or under the direct supervision of a
registered land surveyor or professional engineer and certified by same.
When floodproofing is utilized for a particular building, said certification shall
be prepared by or under the direct supervision of a professional engineer or
architect and certified by same. Any work done within the twenty-one (21)
day calendar period and prior to submission of the certification shall be at the
permit holder's risk. The zoning administrator shall review the floor
elevation survey data submitted. Deficiencies detected by such review shall
be corrected by the permit holder immediately and prior to further progressive
work being permitted to proceed . Failure to submit the survey or failure to
make said corrections required hereby shall be cause to issue a stop -work
order for the project.
6) When a structure is floodproofed, the applicant shall provide a certificate from
a registered professional engineer or architect that the non-residential
floodproofed structure meets the floodproofing criteria of this section.
• C. General standards. In all areas of special flood hazard the following provisions are
required:
1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement of the structure.
2) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage;
3) All new construction and substantial improvements shall be constructed by
methods and practices that minimize flood damages;
4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and
other service facilities shall be designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of
flooding;
5) All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
6) New and replacement sanitary sewage systems shall be designed to minimize
• or eliminate infiltration of flood waters into the systems and discharges from
the systems into flood waters;
48

• 7) On -site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding; and,
8) Any alteration, repair, reconstruction, or improvements to a structure which is
in compliance with the provisions of this section, shall meet the requirements
of "new construction" as contained in this section.
9) Nonconforming buildings or uses. Nonconforming buildings or uses may not
be enlarged, replaced, or rebuilt unless such enlargement or reconstruction is
accomplished in conformance with the provisions of this section. Provided,
however, nothing in this section shall prevent the repair, reconstruction, or
replacement of a building or structure existing on the effective date of this
chapter and located totally or partially within the floodway zone, provided that
the bulk of the building or structure below base flood elevation in the
floodway zone is not increased and provided that such repair, reconstruction,
or replacement meets all of the other requirements of this ordinance.
D. Specific standards. In all areas of special flood hazard where base flood elevation
data has been provided, except areas designed as Coastal High Hazard Areas, the
following provisions are required:
• I) Residential construction. New construction or substantial improvement of
any residential structure (including manufactured homes) shall have the
lowest floor, including basement, elevated no lower than the base flood
elevation. Should solid foundation perimeter walls be used to elevate a
structure, openings sufficient to facilitate the unimpeded movements of flood
waters shall be provided.
2) Nonresidential construction. New construction or substantial improvement of
Any commercial, industrial, or nonresidential structure (including
manufactured homes) shall have the lowest floor, including basement,
elevated no lower than the level of the base flood elevation. Structures
located in A -zones may be floodproofed in lieu of elevation provided that all
areas of the structure below the required elevation are watertight with walls
substantially impermeable to the passage of water, using structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and the effect of buoyancy. A registered professional engineer or
architect shall certify that the standards of this subsection are satisfied. Such
certification shall be provided to the Zoning Administrator.
3) Manufactured homes.
a. Manufactured homes that are placed or substantially improved on -sites
• (i) outside a manufactured home park or subdivision; (ii) in a new
manufactured home park or subdivision; (iii) in an expansion to an
49

• existing manufactured home park or subdivision; or, (iv) in an existing
manufactured home park or subdivision on which a manufactured home
incurred "substantial damage," as the result of a flood, must be elevated on
and attached to a permanent foundation such that the lowest floor of the
manufactured home is elevated no lower than the base flood elevation and
be securely anchored to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement.
b. Manufactured homes that are to be placed or substantially improved on -
sites in an existing manufactured home park or subdivision that are not
subject to the provisions of section D.(3)a. of this section must be
elevated so that the lowest floor of the manufactured home is elevated no
lower than the base flood elevation, and be securely anchored to an
adequately anchored foundation to resist flotation, collapse, and lateral
movement.
C. Manufactured homes shall be anchored to prevent flotation, collapse, or
lateral movement. For the purpose of this requirement, manufactured
homes must be anchored to resist flotation, collapse, or lateral movement
in accordance with the Regulations for Mobile Homes and Modular
Housing adopted by the Commissioner of Insurance pursuant to NCGS
143.143.15. Additionally, when the elevation would be met by an
• elevation of the chassis at least thirty-six (36) inches or less above the
grade at the site, the chassis shall be supported by and attached to
reinforced piers or other foundation elements of at least equivalent
strength. When the elevation of the chassis is above thirty-six (36) inches
in height an engineering certification is required.
d. An evacuation plan must be developed for evacuation of all residents of all
new, substantially improved or substantially damaged manufactured home
parks or subdivisions located within flood prone areas. This plan shall be
filed with and approved by the local administrator and the local
emergency management coordinator.
4) Recreational Vehicle. A recreational vehicle is a vehicle which is: (1) built
on a single chassis; (2) is no more than eight feet in width and forty feet or
less in length, and when erected on site is not greater than 320 square feet; (3)
self propelled or permanently towable by a light duty truck; and (4) designed
primarily not to be used as a permanent dwelling, but as temporary living
quarters for recreation, camping and travel.
5) Elevated buildings. New construction or substantial improvements of elevated
buildings that include fully enclosed areas that are usable solely for the
parking of vehicles, building access or storage in an area other than a
• basement and which are subject to flooding shall be designed to preclude
finished living space and be designed to automatically equalize hydrostatic
50

• flood forces on exterior walls by allowing for the entry and exit of
floodwaters.
a. Designs for complying with this requirement must either be certified by a
professional engineer or architect or meet the following minimum criteria:
Provide a minimum of two (2) openings having a total net area of
not less than one (1) square inch for every square foot of enclosed
area subject to flooding;
2. The bottom of all openings shall be no higher than one (1) foot
above grade; and
Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided they permit the automatic flow of
floodwaters in both directions.
b. Access to the enclosed area shall be the minimum necessary to allow for
parking of vehicles (garage door) or limited storage of maintenance
equipment used in connection with the premises (standard exterior door)
or entry to the living area (stairway or elevator).
• c. The interior portion of such enclosed area shall not be partitioned or
finished into separate rooms, except to enclose storage areas.
6) Temporary structures. Prior to the issuance of a zoning permit for a temporary
structure, the following requirements must be met:
a. All applicants must submit to the Zoning Administrator prior to the
issuance of the development permit a plan for the removal of such
structure(s) in the event of a hurricane or flash flood warning notification.
The plan must include the following information:
1. A specified time period for which the temporary use will be
permitted;
2. The name, address and phone number of the individual responsible
for the removal of the temporary structure;
3. The time frame prior to the event at which a structure will be
removed (i.e. minimum of seventy-two (72) hours before landfall
of a hurricane or immediately upon flood warning notification);
4. A copy of the contract or other suitable instrument with a trucking
• company to insure the availability of removal equipment when
needed; and
51

5. Designation, accompanied by documentation, of a location outside
the floodplain to which the temporary structure will be moved.
b. The above information shall be submitted in writing to the local
administrator for review and written approval.
7) Accessory structure. When accessory structures (sheds, detached garages, etc.)
with a value of three thousand dollars ($3,000.00) or less, are to be placed in
the floodplain the following criteria shall be met:
a. Accessory structures shall not be used for human habitation (including
work, sleeping, living, cooking or restroom areas);
b. Accessory structures shall be designed to have low flood damage
potential;
c. Accessory structures shall be constructed and placed on the building site
so as to offer the minimum resistance to the flow of floodwaters.
d. Accessory structures shall be firmly anchored in accordance with this
section.
e. Service facilities such as electrical and heating equipment shall be
elevated in accordance with this section.
f. Openings to relieve hydrostatic pressure during a flood shall be provided
below base flood elevation in conformance with this section.
E. Coastal high hazard areas (V-Zones).Located within the areas of special flood hazard
are areas designated as coastal high hazard areas. These areas have special flood hazards
associated with wave wash. The following provisions shall apply within such areas:
1) All buildings or structures shall be located landward of the first line of
stable natural vegetation and comply with all applicable CAMA setback
requirements.
2) All buildings or structures shall be elevated so that the bottom of the
lowest supporting horizontal member (excluding pilings or columns) is
located no lower than the base flood elevation level, with all space below
the lowest supporting member open so as not to impede the flow of water.
Open lattice work or decorative screening may be permitted for aesthetic
purposes only and must be designed to wash away in the event of
abnormal wave action and in accordance with section (8) d. below.
52

3) All buildings or structures shall be securely anchored on pilings or
columns.
4) All pilings and columns and the attached structures shall be anchored to
resist flotation, collapse, and lateral movement due to the effect of wind
and water loads acting simultaneously on all building components.
5) A registered professional engineer or architect shall certify that the design,
specifications and plans for construction are in compliance with the
provisions contained in this section.
6) There shall be no fill used as structural support. Non -compacted fill may
be used around the perimeter of a building for landscaping/aesthetic
purposes provided the fill will wash out from storm surge, thereby
rendering the building free of obstruction prior to generating excessive
loading forces, ramping effects, or wave deflection. The Zoning
Administrator shall approve design plans for landscaping/aesthetic fill
only after the applicant has provided an analysis by an engineer, architect,
and/or soil scientist which demonstrates that the following factors have
been fully considered:
a. Particle composition of fill material does not have a tendency for
excessive natural compaction;
b. Volume and distribution of fill will not cause wave deflection to
adjacent properties; and,
C. Slope of fill will not cause wave run-up or ramping.
7) There shall be no alteration of sand dunes which would increase potential
flood damage.
8) Lattice work or decorative screening shall be allowed below the base flood
elevation provided they are not part of the structural support of the
building and are designed so as to breakaway, under abnormally high
tides or wave action, without damage to the structural integrity of the
building on which they are to be used and provided the following design
specifications are met:
a. No solid walls shall be allowed.
b. Material shall consist of wood or mesh screening only.
C. Design safe loading resistance of each wall shall be not less that
ten (10) nor more than twenty (20) pounds per square foot; or
53

d. If more than twenty (20) pounds per square foot, a registered
professional engineer or architect shall certify that the design
wall collapse would result from a water load less than that which
would occur during the base flood event, and the elevated portion
of the building and supporting foundation system shall not be
subject to collapse, displacement, or other structural damage due
to the effects of wind and water loads acting simultaneously on all
building components (structural and non-structural). The water
loading values used shall be those associated with the base flood.
The wind loading values used shall be those required by the North
Carolina State Building Code.
9) If aesthetic lattice work or screening is utilized, such enclosed space shall
not be designed to be used for human habitation, but shall be designed to
be used only for parking of vehicles, building access, or limited storage
of maintenance equipment used in connection with the premises.
10) Prior to construction, plans for any structures that will have lattice work or
decorative screening must be submitted to the local administrator for
approval.
11) Any alteration, repair, reconstruction or improvement to a structure shall
• not enclose the space below the lowest floor except with lattice work or
decorative screening, as provided for in this section.
12) No manufactured homes shall be permitted except in an existing
manufactured home park or subdivision. A replacement manufactured
home may be placed on a lot in an existing manufactured home park or
subdivision provided the anchoring and elevation standards of this section
are met.
13) Recreational vehicles shall be permitted in coastal high hazard areas
provided that they meet the recreational vehicle criteria and the
temporary structure provisions of this section.
F. Standards for watercourses without established base flood elevations and/or
floodways .Located within the areas of special flood hazard are small streams where no
base flood data has been provided or where no floodways have been identified. The
following provisions apply within such areas:
1) No encroachments, including fill, new construction, substantial
improvements or new development shall be permitted within a distance of
the stream bank equal to three (3) times the width of the stream at the top
of the bank or twenty (20) feet each side from top of bank, whichever is
• greater, unless certification with supporting technical data by a registered
professional engineer is provided demonstrating that such encroachments
54

• shall not result in any increase in flood levels during the occurrence of the
base flood discharge.
2) If (1) above is satisfied and base flood elevation data is available from
other sources, all new construction and substantial improvements within
such areas shall comply with all applicable flood hazard provisions of this
section and shall be elevated or floodproofed in accordance with
established elevations. When base flood elevation data is not available
from a federal, state, or other source, the lowest floor, including basement,
shall be elevated at least two (2) feet above the highest adjacent grade.
G. Standards for subdivision proposals.
a. All subdivision proposals shall be consistent with the need to
minimize flood damage;
b. All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards; and,
• d. Base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater than
the lesser of fifty (50) lots or five (5) acres.
H. Standards for areas of shallow flooding (AO Zones). Located within the areas of
special flood hazard are areas designated as shallow flooding. These areas have special
flood hazards associated with base flood depths of one (1) to three (3) feet where a
clearly defined channel does not exist and where the path of flooding is unpredictable and
indeterminate. The following provisions shall apply within such areas:
1) All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement, elevated to the
depth number specified on the flood insurance rate map, in feet, above the
highest adjacent grade. If no depth number is specified, the lowest floor,
including basement, shall be elevated at least two (2) feet above the
highest adjacent grade.
2) All new construction and substantial improvements of nonresidential
structures shall:
a. Have the lowest floor, including basement, elevated to the depth
• number specified on the flood insurance rate map, in feet, above
the highest adjacent grade. If no depth number is specified the
M1

• lowest floor, including basement, shall be elevated at least two (2)
feet above the highest adjacent grade; or,
b. Be completely floodproofed together with attendant utility and
sanitary facilities to or above that level so that any space below
that level is watertight with walls substantially impermeable to the
passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
•
• VAtlanticbeachar ickscaVIthm5/3
56

• Article VI Listing of Permitted and Special Uses by District
The following is a listing of permitted and special uses by zoning district. Permitted uses are
permitted by right subject to obtained a Zoning Compliance Certificate. Special Uses require the
approval of the Board of Adjustment in accordance with the procedures and requirements of
Article XIV. Certain listed permitted uses and special uses are noted with an "SR" and a number
next to the use. That means there are special additional performance requirements that the use
much comply with in its developments. Those requirements are contained in Section 6.4
following the listing of permitted and special uses. For any use subject to a special use permit
from the Board of Adjustment, the special requirements shall represent the minimum conditions
for issuance of a special use permit. The listing of a use in the Table of Permitted and Special
Uses in no way relieves that use of having to meet all local, State and Federal laws pertaining to
the establishment and operation of that use.
Section 6.1 Residential Districts.
Section 6.1.1 RA-1 residential district.
A. Permitted uses.
1) Accessory buildings, including a private garage, where located not less than seven
• (7) feet from the side lot line, fifteen (15) feet from the front property line and
twenty (20) feet from the rear property line, or, in the case of waterfront property,
the high-water mark or seawall, where one has been constructed or installed.
2) Customary home occupations.
3) Single-family dwellings, conventional or modular
Section 6.1.2 RA-1.5 Residential District
A. Permitted uses
1) Accessory buildings, including a private garage, where located not less than seven
(7) feet from the side lot line, fifteen (15) feet from the front property line and
twenty (20) feet from the rear property line, or in the case of waterfront property,
the high-water mark or seawall, where one has been constructed or installed.
2) Customary home occupations.
3) Single-family dwellings and duplex dwellings, conventional or modular
B. Special uses.
• 1) Planned unit development (PUD). (SR#1)
57

•
•
Section 6.1.3 RA-1M residential district.
A. Permitted Uses.
1) Accessory buildings, customary
2) Customary home occupations.
3) Single-family dwellings, including single-family dwelling constructed of
conventional materials; single-family dwellings which are modular homes or
mobile homes shall be permitted in this zone. Mobile homes see SR#3.
Section 6.1.4 RA-2 residential district.
A. Permitted uses.
1) Churches.
2) Clubs, provided that the chief activity is not one customarily carved on as a
business, i.e., Boy's Club, Jaycees, Women's Club.
3) Customary accessory buildings.
4) Customary home occupations
5) Duplex, triplex, and four -family dwellings.
6) Greenhouses which are incidental to the residential use and conducted on a
nonprofit basis only.
7) Grounds and facilities for community and recreational facilities which are
operated on a nonprofit basis.
8) Guest houses.
9) Libraries.
10) Public schools and private schools.
11) Public utility distribution lines, transformer stations, transmission lines and
towers, but not service or storage buildings.
12) Single-family residential dwellings, conventional or modular.
58

• B. Special uses.
1) Planned unit development (PUD). (SR#1)
Section 6.1.5 RA-3 residential district.
A. Permitted Uses
1) Churches.
2) Clubs, (civic or nonprofit), provided that the chief activity is not one customarily
carried on as a business.
3) Condominiums, residential (SR#2)
4) Customary accessory buildings.
5) Customary home occupations
6) Duplex, triplex and four -family dwellings.
7) Greenhouses which are incidental to the residential use and conducted on a
• nonprofit basis only.
8) Grounds and facilities for community and recreational facilities which are
operated on a nonprofit basis.
Is
9) Guest houses.
10) Hospital, except animal hospital, clinics.
11) Hotel, motor court, motel, inn or other similar structure, provided no structure
erected as a hotel, motor court, motel and etc. shall be designed, constructed,
reconstructed or altered for any commercial purpose except for the sole
convenience of the guests or tenants thereof(SR#7).
12) Libraries.
13) Mobile homes when used as a single-family dwelling(SR#3).
14) Public schools and private schools.
15) Public utility distribution lines, transformer stations, transmission lines and
towers, but not service or storage buildings.
59

•
16)
Publicly owned and operated buildings and structures including auditoriums or
auditoriums built in connection with a hotel.
17)
Single-family residential dwellings, conventional or modular
B.
Special uses.
1)
Arcades.
2)
Minimarts.
3)
Mobile home parks (SRO)
4)
Parking adjacent to a commercial zone subject to special provisions set forth in
Article VIII.
5)
Piers.
6)
Planned unit development (PUD). (SR#1)
7)
Restaurants.
•
8)
Tackle shops.
Section 6.1.6 RA-3M residential district.
A. Permitted uses.
1)
Churches.
2)
Customary accessory buildings.
3)
Customary home occupations
4)
Mobile homes and modular homes as long as they are used only for single-family
residential purposes. Mobile homes (see SR#3).
5)
Public utility distribution lines and transmission lines and poles.
6)
Single-family residential dwellings, conventional or modular
B. Special uses.
•
1)
Group housing. (SR#2)
m

I•
2) Mobile home parks (SR#3)
Section 6.1.7 RR resort residential district.
A. Permitted uses.
1) Churches.
2) Day care centers.
3) Duplex, triplex and four -family dwellings.
4) Golf courses upon approval of project plan.
5) Hotels, motels, including restaurants, beauty shop, barber shop, lounges, and gift
shops within the principal building. Hotel and motels see SR#7.
6) Post office facilities.
7) Public utility buildings and facilities only upon submission of architectural
rendering of such building and facilities.
8) Sewage disposal/treatment plant facilities.
9) Single-family residential dwellings conventional or modular.
10) Swimming pools.
11) Tennis courts.
12) Townhouses, apartments, and condominiums (SR#2)
13) Uses and buildings customary and incidental to the above permitted uses.
B. Special uses.
1) Marinas(SR#6).
2) Pedestrian walkways and bicycle riding ways (SR#8).
3) Planned unit development(SR#1).
4) Restaurants.
61

• Section 6.1.8 RA-3V Residential district.
A. Permitted uses.
1) Churches.
2) Clubs (civic or non-profit), provided that the chief activity is not one customarily
carried on as a business.
3) Condominiums, residential (SR#2).
4) Customary accessory buildings.
5) Customary home occupations
6) Duplex, triples and four family dwellings.
7) Greenhouses which are incidental to the residential use and conducted on a non-
profit basis only.
8) Grounds and facilities for community and recreational facilities which are
operated on a non-profit basis.
is9) Guest house.
10) Hospital, except animal hospital, clinics.
11) Hotel, motor court, motel, inn or other similar structure, provided not structure
erected as a hotel, motor court, motel and etc. shall be designed, constructed,
reconstructed or altered for any commercial purpose except for the sole
convenience of the guests or tenants thereof. Hotels and motels see SR#7.
12) Libraries.
13) Mobile homes when used as a single family dwelling. (SR#3)
14) Public schools and private schools.
15) Public utility distribution lines, transformer stations, transmission lines and
towers, but not service or storage buildings.
16) Publicly owned and operated buildings and structure including auditoriums built
in connection with a hotel.
• 17) Single family dwellings, conventional or modular.
62

•
18)
Recreational vehicle parks. (SR#4)
B. Special uses.
1)
Arcades.
2)
Mini -marts.
3)
Mobile home parks (SR#3)
4)
Parking adjacent to a commercial zone subject to special provisions set forth in
Article VIII.
5)
Piers.
6)
Planned unit development (PUD). (SR#1)
7)
Restaurants.
8)
Tackle shops.
•
Section 6.2
Business Districts.
Section 6.2.1 RC resort commercial zone.
A.
Permitted uses.
1)
Accessory buildings, customary
2)
Administrative office facilities.
3)
Antique shop.
4
Arcades.
5)
Art museums.
6)
Audio and/or video recording studio.
7)
Bakery goods sales shop.
8)
Banks.
•
9)
Barberlbeauty shops.
M.

•
10)
Beachwear sales.
11)
Book/magazine/newspaper store.
12)
Churches.
13)
Concessions.
14)
Convenience stores.
15)
Drugstores.
16)
Exhibition building, galleries or show room, dairy bar/ice cream parlor.
17)
Fishing piers.
18)
Fishing tackle shop.
19)
Flower shop.
20)
Food stores.
•
21)
Gift shop.
22)
Hobby shop.
23)
Hotels/motels. (SR#7)
24)
Indoor commercial recreation.
25)
Jewelry store.
26)
Leather goods store.
27)
Marinas.
28)
Massage and bodywork therapy practices licensed pursuant to NC General
Statutes 90-623.
29)
Maze.
30)
Medical offices.
31)
Municipal buildings.
•
32)
Novelty shops.
M

•
33)
Photo studios.
34)
Public beach access facilities and related public parking.
35)
Restaurants, sit-down.
36)
All retail sales or rental businesses other than the sale, repair or rental of jet skis
and water vessels.
37)
Sporting goods store.
38)
Travel bureaus.
B.
Special Uses
1)
Adult oriented businesses. (SR #5)
2)
Amusement Rides.
3)
Beachbingo.
4)
Bowling lanes.
•
5)
Delicatessen.
6)
Dinner theatres.
7)
Dry cleaning and commercial laundry.
8)
Go-cart and other small motorized vehicle tracks.
9)
Indoor theatres.
10)
Laundromat or coin -operated laundry.
11)
Miniature golf.
12)
Parking areas.
13)
Planned unit development. (SR#1)
14)
Public utility buildings.
15)
Residential, conventional or modular (SR#2).
•
16)
Skating and skateboard rinks.
65

r�
u
rIL
LI
17) Taverns.
18) The sale, rental or repair of jet skis and other water vessels (SR#9).
19) Youth centers (SR#10).
Section 6.2.2 General business zone.
A. Permitted uses.
1) Accessory buildings, customary
2) Accounting office.
3) Advertising agency.
4) All permitted uses in resort commercial zone.
5) Animal hospital.
6) Answering service.
7) Appliance repair shop.
8) Auto, truck, trailer, and/or boat sales, service and/or rental.
9) Auto wash.
10) Automatic laundry.
11) Automobile repair.
12) Bank, savings and loan institution.
13) Barber/beauty shop.
14) Blueprinting shop.
15) Chamber of Commerce.
16) Churches.
17) Doctor's office.

•
18)
Drugstore.
19)
Engraving shop.
20)
Farm and garden supply.
21)
Farmers market.
22)
Finance/loan office.
23)
Fire station.
24)
Food store.
25)
Freezer locker service and ice storage.
26)
Golf driving range.
27)
Greenhouses or plant nursery.
28)
Hotel/motel. (SR#7)
•
29)
Indoor'commercial recreation.
30)
Insurance office.
31)
Interior decorating office.
32)
Liquor store.
33)
Music studio.
34)
Novelty shop.
35)
Office facilities.
36)
Parcel delivery service.
37)
Pawnbroker.
38)
Photography studio.
39)
Post office substation.
•
40)
Public utilities building.
67

•
41)
Real estate agency.
42)
Seafood market.
43)
Shoe repair.
44)
Tailor or dressmaker.
45)
Taxicab and/or bus storage yard.
46)
Tire recapping and retreading service.
47)
Travel bureaus.
48)
Upholstery shop.
B. Special uses.
1)
All special uses in resort commercial zone except adult oriented businesses.
2)
Buildings intended for lease for the storage of property commonly known as
cubicle storage buildings or mini warehouse storage buildings.
•
3)
Construction office.
4)
Drive through convenience stores.
5)
Dry cleaning establishments.
6)
Landscaping and grounds maintenance offices.
7)
Planned unit development (PUD) (SR#1).
8)
Residential, conventional or modular (SR#2).
9)
Storage of boats on trailers when the property is not used as a marina as defined in
section 6-121 of the town Code.
10)
Taverns.
11)
Teenage club.
12)
Wireless telecommunications towers and facilities. (SR# 11)
•
Section 6.2.3 RS Recreational sound district
68

• A. Permitted uses
1) Boat lifts (not to include roofs). Boat lifts located within the recreational sound
zoning area which abut, adjoin or serve a residential lot, residential structure(s) or
residential areas, shall be permitted provided the following conditions are met:
a. Once completed the maximum elevation of the vessel (excluding antennas
and outriggers) while being supported by such lift shall not exceed twenty
(20) feet in height as measured from mean high tide at the site of the boat
lift. The mean high tide shall be determined by the Town of Atlantic
Beach Building Inspector based upon physical evidence of the mean high
tide mark at the site. In the event the property owner or applicant installing
or altering the boat lift which is the subject of the application disagrees
with the determination by the building inspector as to the mean high tide
mark, then the property owner shall be required to obtain a survey from a
registered engineer or surveyor indicating and showing the mean high tide
based upon sea level datum of 1929.
2) Boat ramps.
3) Bulkheads and other shoreline stabilization.
• 4) Docks (not to include roofs).
5) Mooring piles.
6) Navigational markers.
7) Piers (not to include roofs).
8) Marinas (SR#6)
a. Marinas shall only be a permitted use, in a plat submitted to the building
inspector, which is in the RS Recreational Sound district, when the
adjoining or abutting lands are zoned resort/commercial or general
business.
b. Marinas shall remain a special use in the submerged land as shown on the
plat submitted to the building inspector, in the RS Recreational Sound
District if they do not adjoin or abut lands zoned resort/commercial or
general business.
B. Special uses
• 1) Marinas. (SR#6)
rs:

• 2) Public water accesses.
3) Utility lines.
Section 6.3. Conservation Districts
Section 6.3.1 CZ Conservation Zone
Purpose. The purpose of this conservation zone is to provide environmental protection for
surface waters and to protect the wildlife and natural features of the property. Any
activity in this zone inconsistent with the purposes of this zone is prohibited. The
property shall be maintained in its natural, scenic, wooded and open condition and
restricted from any development or use that would impair or interfere with the
conservation purposes of this conservation zone.
A. Permitted uses.
1) Teaching, walking, rolling wheelchairs, research and observation.
2) Signs, fences, steps, guardrails, walkways and bridges directly relating
• exclusively to conservation of the property and the permitted uses thereon.
3) Trails or paths adequate to provide for teaching, walking, research and
observation (otherwise no roads or other trails are permitted except as set forth
elsewhere in this section).
4) One (1) building (and its appurtenant utilities and restrooms) not exceeding two
thousand five hundred (2,500) square feet under roof to be used exclusively as a
classroom for the study and teaching of the ecosystem of the property and similar
properties.
5) A natural soil driveway and parking area appurtenant to the property or permitted
classroom building.
6) A wooden dock without electricity or other utilities.
7) Ground level wooden observation decks.
B. Special use.
An improved driveway and parking area appurtenant to the permitted classroom building
when the applicant demonstrates to the satisfaction of the board of adjustment that access
• to the classroom building will be practically denied without improvement to the driveway
and parking area.

CJ
Section 6.4 Special Requirements to the List of Permitted and Special Use
Certain uses listed in the List of Permitted and Special Uses have an "SR#" after the listed use.
In such cases the use must comply with the additional Special Requirements contained in this
section corresponding to the Special Requirements Number.
SR#1 Planned Unit Developments
A. Purpose
It is the intent and purpose of the Town of Atlantic Beach to encourage the development
of larger parcels of land with a greater degree of consideration of physical features and
natural constraints, while fostering the most economically productive land use in the
process. It is the further purpose of the Town of Atlantic Beach to promote greater
flexibility of design so as to provide a higher level of amenities and more creative design
than would be possible by development of the land with traditional district regulations
and design standards.
B. Procedure for PUD approval.
• 1) Application. The developer shall submit an application for a PUD to the town
building inspector on form(s) supplied by the town. The application will address
natural features, existing conditions and the proposed development plan. This
application will be accompanied by the following information (all mapping
should be at a scale of one (1) inch equals fifty (50) feet or other approved scale).
a. Proposed site development map showing:
1) Topography (drainage, flood areas and dunes).
2) Wetlands (verified and stamped on plans by U.S. Army Corp of
Engineers or certified consultant).
3) Areas of environmental concern.
4) Existing structures, utility lines, etc.
b. A general map showing the proposed development, including:
1) Proposed street and circulation system.
2) Location of residential and commercial buildings (the number of
• units and square footage of buildings should be indicated).
71

• 3) Recreational and other common facilities.
4) Open space (by type use).
5) Water, sewer system, fire hydrants, and drainage.
6) If a phased development, a division of the property into each
planned phase.
2) Application review.
a. Within seven (7) days from submission of an application for a PUD, the
town building inspector shall review the application to determine if the
requisite information has been furnished, and shall, if he determines it is
not complete, return the application specifying additional information
required by the ordinance.
b. If he determines it is complete, he shall notify the applicant of such
determination and he shall, with (14) fourteen days of its receipt, submit
the application for review by the town police, fire, sanitation, utility, and
public works department.
• 1) The said department shall respond in writing within thirty (30)
days and shall indicate to the applicant and the building inspector:
(a) If the information is complete, or, if not, what deficiencies
exist.
(b) If there are any anticipated adverse or beneficial impacts
not identified by the developer.
(c) If there are mitigation measures that might lessen adverse
impacts.
(d) If there is a preferred alternative.
2) Where deficiencies in information are identified at any stage in the
process, the applicant shall be notified immediately with
recommendations for correction of deficiencies in information or
design.
3. Preliminary site development plan.
Following agency review, the developer shall prepare a preliminary site development
• plan and shall submit it to the planning board secretary for distribution to the building
inspector and the planning board. The preliminary site development plan shall contain the
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•
•
following information (all mapping should be a scale of one (1) inch equals fifty (50) feet
or other approved scale).
a. A resubmission and revision, if necessary, of information submitted in the
application.
b. A development plan map showing the following:
(1) Location, size and type of structures, and approximate sizes and
dimensions of lots and tracts.
(2) Location and design of water and sewer systems, including fire hydrants.
(3) Location, size and dimensions of open space.
(4) Location and dimensions of.
(a) Proposed road and circulation systems.
(b) Off-street parking areas.
(c) Loading and service areas. .
(d) Access to public rights -of -way.
(e) Pedestrian circulation systems.
(f) Proposed utility systems.
(5) Landscaping plans, including areas to be cut and filled, cleared and
planted; and drainage design.
(6) Location and dimensions of other features which may be incorporated in
the PUD, such as school sites, recreation areas, beach access areas, and
public parks.
C. A report setting forth:
(1) A schedule of construction (phases or stages of development, not to
exceed seven (7) years to completion).
(2) A summary of quantitative data including the following information as
applicable: total number and type of dwelling units, parcel size, lot
coverage, densities, amount of open space.
(3) A plan for the maintenance and ownership of structures and open space.
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• (4) An analysis of design features used to reconcile the PUD with neighboring
or adjoining property uses.
4) Planning Board action.
After submittal of the Preliminary Site Development Plan to the Planning Board
Secretary prior to the second Tuesday of each month, the Planning Board at its next
regular meeting thereafter shall review the preliminary Development Plan which shall be
a minimum of twenty (20) days after receipt of the Preliminary Site Development Plan by
the Planning Board Secretary. The planning agent shall attend this meeting and report on
the findings of the various departments. Should the planning agent not be available, the
Building Inspector shall be responsible for giving this report. The Planning Board shall
approve, conditionally approve, or disapprove the preliminary site plan. If the applicant is
not present at the Planning Board meeting, the preliminary site plan is considered
withdrawn. If the preliminary site plan is conditionally approved, the applicant may
request a meeting of the technical review committee (hereinafter "T.R.C."). This meeting
shall be held seven (7) days following the regular Planning Board meeting at which the
preliminary site plan was presented. Following the meeting of the T.R.C., the applicant
may request to be placed on the Planning Board's agenda for the next month's regular
meeting. At this Planning Board meeting, prior to the applicant's presentation, a member
of the T.R.C. shall report to the Planning Board the findings from the T.R.C. meeting. If
the Planning Board does not take such action within sixty (60) days of submittal of the
• preliminary site plan to the Planning Board secretary, the preliminary site plan shall be
deemed recommended by the Planning Board. Following Planning Board action, if the
Planning Board conditionally approves or disapproves the preliminary site plan, the time
period for processing the application shall be suspended pending resubmission of an
amended preliminary site plan as the Planning Board indicates. If the applicant believes
that the recommended changes requested by the Planning Board are unreasonable or
inconsistent with the requirements and purpose of this ordinance, he may then submit his
preliminary site development plan, together with the recommendations of the Planning
Board, to the Town Council for review and decision.
5) Final development plan.
The applicant shall submit to the Town Council a final development plan addressing the
changes, if any, which result from Planning Board review. The final plan shall be
prepared in sufficient detail to allow its recording by the Register of Deeds. The Town
Council shall receive the recommendations of the Planning Board and shall determine if
the final development plan meets the requirements of this article (section]. The Town
Council shall approve, disapprove, or conditionally approve the application for a PUD.
The concurring vote of a majority of the members of the Town Council shall be required
for such action. If the plan is approved, the Town Council shall direct the Building
Inspector to issue a building permit, subject to the satisfaction of such other conditions as
are required for such permits by other governmental agencies or by other provisions of
• these ordinances. In the case of phased developments, the building permit shall so specify
and shall reflect the approved schedule of phases (not to exceed seven (7) years to final
74

• completion). The Town Council shall have the authority, in its discretion, to approve
subsequent revision of the schedule of development; and may, when the purposes of this
ordinance justify such action, allow extension of the development schedule beyond its
original time limitations. If the plan is disapproved or approved with conditions, the
applicant may resubmit the plan to the Town Council with changes addressing the
conditions imposed or the objections upon which disapproval is founded, or the applicant
may appeal any decision of the Town Council to the Superior Court for review by
proceedings in the nature of certiorari, as more fully provided for review of decisions of
the zoning board of adjustment in G.S. 160A-388(e).
6) Total time to process application.
In no event shall the total time required to process a PUD application to final action by
the Town Council exceed one hundred twenty (120) days. In determining application
processing time, that time during which the original application, the preliminary site
development plan, or the final development plan are in the process of revision by the
applicant prior to re -submittal shall be deleted.
7) Performance bond.
A performance bond shall be required in the amount of ten (10) percent of the cost of
construction of each phase, before issuance of the building permit for such phase; such
• bond to be forfeited and used in the event that restoration or repair is required because of
violations of the conditions of the permit.
C. Design requirements for PUD.
1) Design objectives.
As a PUD is intended to foster flexibility and creativity of design, the Town Council is
authorized to vary the requirements of other provisions of this ordinance with respect to
design standards for specific types of development, except as set out in the succeeding
subsections of this section.
2) Uses permitted in underlying zone.
The applicant may, as a matter of right, incorporate any use in the PUD which is a
permitted use in the zone which underlies the PUD or the part thereof in which such use
is to be developed.
3) Incorporation of specific design standards.
a. Density and height limitations. Any group housing development, hotel, or motel
• incorporated in a PUD shall be subject to those density and height limitations
imposed on such uses by other provisions of this ordinance. Other types of
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• residential development within the PUD (e.g., cluster homes, zero lot line homes)
shall be subject to aggregate density limitations for such developments in the
underlying zone in which the development is situated, but individual lot size and
setback requirements may be waived or reduced if the aggregate area divided by
the number of single-family units proposed results in an area per unit equal to the
individual lot size requirement of the underlying zone. For purposes of
determining allowable density, the acreage upon which the density is based shall
include:
(1) The common area of the group housing portion of the PUD, whether
constituted as a condominium in accordance with the North Carolina Unit
Ownership Act or a common law townhouse or cooperative.
(2) Any other areas which are appurtenant solely to the particular group
housing project, or other residential development, whether under the
control of the association of owners within the project or under the control
of others.
(3) An allocation of a part of the total acreage within the PUD which consists
of common areas and facilities shared by the group housing project or
other residential development, and other uses within the PUD. Such
allocation shall be based, in the discretion of the Town Council, upon the
• proportionate use of the common areas and facilities by the particular
group housing project relative to the use of such areas and facilities by
other developments within the total PUD. Such common areas and
facilities may include (but not by way of limitation): waste treatment
plants and associated drain fields or "green areas"; streets, driveways and
utilities easements serving more than one (1) project or use; buffer zones
and natural areas not incorporated within the common area of the group
housing project; and waterways within (as distinguished from those
adjoining) the PUD.
b. Parking requirements. The number of parking spaces required for each use within
the PUD shall be that required for such uses elsewhere in the ordinance; but
provided, however, that such requirement may be reduced in cases of
combinations of uses which, by nature of the time schedules of parking needs,
may permit such reduction. (e.g., theatre and retail shopping).
C. Public safety requirements. All requirements relating to access to emergency
vehicles, fire hydrants, standpipes, water main size and pressure requirements, or
any other specifications applicable to those uses incorporated in the PUD which
are based on public safety considerations shall be applied to each use and to the
general design of the PUD.
• d. Special requirements for phased PUD. Any PUD which is planned with a
completion schedule in excess of eighteen (18) months, or any PUD in which the
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• development of subsequent portions of the PUD is predicated on any contingency
or condition, shall be a phased PUD and shall be subject to the following
additional requirements:
(1) The plan as submitted, including all supporting data, shall reflect each
phase and the cumulative impact of the development, phase by phase.
(2) The initial phase of the PUD, as well as the cumulative scope of the
project with the addition of later phases, shall meet all of the requirements
of this ordinance relating to a PUD, such that the development, if
terminated prior to final completion, shall be in compliance with the
general planning objectives of this ordinance, and with the specific
requirements for a PUD.
(3) The applicant shall make provision for such association or associations of
property owners, including a master association or confederation of
associations if applicable, so as to provide assurance of continuing
maintenance and control of the property as additional phases are added.
(4) All common areas, facilities and amenities associated with any project
within the PUD shall be completed in the phase in which the project itself
is completed, such that no part of the PUD shall be dependent on facilities
• or amenities in subsequent phases; but provided, however, that nothing
contained in this paragraph shall be construed to prohibit the construction
of approved additional facilities or amenities in later phases.
(5) Natural areas and maritime forest areas shall be allocated and maintained
for the first phase and for the cumulative project as subsequent phases are
completed. There shall be no alteration of natural areas in the undeveloped
portion of the PUD.
(6) The applicant shall design the project such that the area of the PUD which
is undeveloped and which has not been dedicated to PUD use by a
recorded plat and requisite recorded documentation at any time after the
completion of one (1) or more, but less than all, phases of the development
shall be separable from the development and shall constitute a usable
parcel of land. If this requirement cannot be met to the satisfaction of the
Town Council, the Council may require the applicant to so dedicate such
remaining land within the PUD, upon initial commencement of
construction or at any later phase of development.
(E) Area requirements of PUD. No PUD shall be permitted on any parcel of land
consisting of less than one (1) acre in area. This minimum requirement shall also
• apply to the first phase, standing alone, of any phased PUD. This minimum area
requirement may be waived by application to the zoning board of adjustment,
upon a showing of hardship for unusual conditions of topography and land
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• configuration, in accordance with the procedure for the granting of variances from
zoning ordinances prescribed in this zoning ordinance.
(F) Compliance with final plan. Upon approval of the final development plan by the
Town Council and prior to the issuance of any building permits for any portion of
the approved PUD, the applicant shall submit to the planning director for approval
of the final plat, meeting the requirements of the town's ordinances including
more particularly those applicable to the PUD under this Special Requirement.
Said final plat shall be recorded in the Office of the Register of Deeds for Carteret
County, North Carolina, with the following certificates entered on the final plat:
I (we) hereby certify that I am (we are) the owner(s) of the property shown
and described hereon and that I (we) hereby adopt this plan of a Planned
Unit Development with my (our) free consent, establish the minimum
building lines, and dedicate all streets, alleys, walks, parks, and other open
spaces to public or private use as noted.
Date
Owner
Owner
2. , certify that this plat was drawn under my supervision from an
actual survey made under my supervision (Deed Description recorded in
books referenced); that the boundaries not surveyed are clearly indicated
as drawn from information found in books referenced on the lace of this
plat; that the ratio of precision as calculated is ; that this plat was
prepared in accordance with G.S. 47-30 as amended.
Witness by original signature, registration number, and seal this
day of A.D., 19
Surveyor
Registration
• North Carolina Carteret County
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•
•
I, a notary public of the county and state aforesaid, certify that registered land
surveyor, personally appeared before me this day and acknowledged the execution of the
foregoing instrument. Witness my hand and official stamp or seal, this day of
19
Notary Public
My commission expires:
3. Certificate of Approval of Water Systems
I hereby certify that the water supply system installed, or proposed for
installation, in the Planned Unit Development entitled fully
meets the requirements of the North Carolina State Health Department,
and are hereby approved as shown.
Date Director of Public Works
Town of Atlantic Beach
4. Certificate of Approval Sewage Systems
I certify that the sewage disposal utility system installed,
installation, in the Planned Unit Development entitled
requirements of the North Carolina State Health Department
approved as shown.
or proposed for
fully meets the
and are hereby
Date County Sanitation Officer or His Authorized
Representative
5. Certificate of Approval of Streets and Utilities (If applicable) hereby
certify: 1) that streets, utilities and other improvements have been
installed in an acceptable manner and according to Town
specifications in the Planned Unit Development entitled: or 2) that
a security bond in the amount of $ has been posted with the Town
Clerk to ensure completion of all required improvements in case of default.
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•
•
Date
Director of Public Works
Town Clerk
6. Certificate of Approval for Recording
I hereby certify that the final plat shown hereon has been found to comply
with the Town of Atlantic Beach Regulations and with the conditions, if
any, approved by the Town Council at their meeting with the
exceptions of such variances, if any, as are noted in the minutes of the
Planning Commission and that it has been approved for recording in the
office of the Register of Deeds.
Town Manager/Planning Director
Date
Planning Board Chairman
Certificate of Approval
I, the Town Clerk for the Town of Atlantic Beach, do certify that the
Town of Atlantic Beach approved this plat or map and accepted the
dedication of those streets, casements, rights -of -way, and parks shown
thereon offered for dedication to the public, but assumes no responsibility
to open or maintain the same until, in the opinion of the governing body of
the Town of Atlantic Beach, it is in the public interest to do so.
Date Town Clerk/Treasurer
so

• The final plat at the time of recordation shall contain all information required in the preliminary
plat and shall show by either metes and bounds description or by reference to the accompanying
final plat the following additional details, if not already on the final plat:
a. All streets, water and sewer systems, utilities, open spaces, homeowner
areas, parks, and similar areas which are not to be sold, conveyed or leased
for private use or development, shall be clearly delineated thereon.
b. All areas proposed for development by leasing shall be clearly delineated
on the final plat, and any conveyance of lands within the areas delineated
for leasing shall be a violation of this ordinance and final plat approval
given by the town.
C. All single-family lots, multi -family tracts, townhouses, condominiums and
other residential properties which are to be offered for sale and conveyed
by deed or similar instrument shall be clearly delineated.
d. All parcels proposed for commercial, business or institutional use and
which are to be offered for sale and separately conveyed by deed as
opposed to being leased shall be clearly delineated.
• e. The Town Council and the planning director are authorized to require that
other areas not covered by the above uses be so restricted or delineated on
the recorded plat and in the final PUD approval so as to restrict the ability
of the applicant to sell or transfer portions of the approved PUD except in
accordance with final plan approval by the Town Council.
•
f. Reference this to pertinent ordinances, restrictions or requirements that
may affect the particular tract of land proposed for PUD.
The recordation of the final PUD plan as approved by the Town Council and the planning
director and as restricted in the approved final plan executed by the town and the applicant shall
constitute a restriction to the particular uses or purposes shown in the final plat for each parcel or
parcels forming part of the approved PUD, and the recordation of the plat shall constitute a
dedication to the particular uses as shown on the final plat and approved final plan.
F. Modification to existing PUD's. In the event a change or modification is requested to
an approved PUD, the applicant must submit the following to the planning board
secretary fourteen (14) days prior to the subsequent meeting of the planning board.
(1) Copies of the original recorded plat.
(2) Revised plats showing requested modifications.
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• After planning board review, the applicant shall submit to the town council a modified
development plan addressing the changes, if any, which result from planning board review. The
Town Council shall approve, disapprove or conditionally approve the modification of PUD. The
concurring vote of a majority of the members the Town Council shall be required for such
action.
The modified plat, if approved by the Town Council, shall be recorded with the register of deeds,
using the same certification required in initial recordation.
G. Revocation of Final Plan Approval and Penalties. In the event the applicant after
approval of the final plat and approved final plan should thereafter sell or transfer
any part of the approved PUD in violation of the restrictions and/or dedications
set forth in the approved final plan and plat except for the applicant first seeking
and gaining Town Council approval, then said conveyance shall constitute a
violation of final plan approval. Following due notice in writing to the applicant
as to the alleged violation and a determination by the Town Council that the sale
or transfer of a part of the approved PUD was in violation of the final approval,
then the town is authorized to revoke final approval of the PUD. Upon revocation
of final approval, then all previous variances, exceptions and approvals as given
by the planning board and Town Council shall be rendered null and void, and the
• applicant shall then be required to begin the PUD approval process anew.
Any person who, being the applicant or agent of the applicant or any subsequent
owner, successor or assigns of the applicant, who transfers or sells any portion or
part of the land approved as the PUD in violation of the approved final plan and
the restrictions and dedications set forth therein, shall be guilty of a violation of
this ordinance and subject to the penalties provided for herein. The description by
metes and bounds in the instrument of transfer or other document used in the
process of selling or transferring shall not exempt the transaction from such
penalties. The town, through its building inspector, zoning administrator or town
attorney, may enjoin such illegal transfer or sale by action for injunction.
SR#2 Group Housing Projects
See requirements of the Town of Atlantic Beach Group Housing Project Ordinance.
SR#3 Mobile Homes and Mobile Home Parks
Section]. Application for mobile home permit, mobile home parkpermit.
A. No person shall construct a mobile home park or use any lot, tract, or parcel of
• land as a mobile home park, or place two (2) or more mobile homes on a
single lot, tract, or parcel of land, or make any additions to any existing
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• mobile home park whether either alters the number of sites for mobile homes
within the park or affects the facilities required therein, until a mobile home
park construction permit has been issued in accordance with this article. Any
such construction or additions shall be made in accordance with the plans and
specifications submitted with the application and as approved by the Town
Council.
Where a Special Use Permit is required from the Board of Adjustment, such
special use permit authorization shall first be obtained prior to making
application for this permit.
B. An application for a mobile home park construction permit shall be filed with
the Planning Board a minimum of twenty-one (21) days prior to the regular
meeting of the Planning Board at which the same is to be considered. The
application will be reviewed by the planning board, the building inspector,
and appropriate local or state agencies having the authority to approve the
water and sewage facilities in the mobile home park. All applications for a
mobile home park construction permit shall be accompanied by twelve (12)
prints of the park plan drawn by a registered engineer or registered surveyor
and containing the information required by number 2. The applicant shall also
pay the mobile home park application fee at the time of submitting the
application.
• C. At the time of requesting an application for a mobile home permit or a mobile
home park permit, a current copy of this article shall be made available for
review by the applicant.
D. Every person desiring to place a mobile home within the Town of Atlantic
Beach shall submit an application to the Town of Atlantic Beach. The
application shall contain the following information:
(a) Location where mobile home will be placed;
(b) If it is to be located in a mobile home park, the name, address and
lot number where said mobile home will be located;
(c) If it is to be located on a lot not in a mobile home park, the size of
said lot and method of obtaining and location of all utilities that
will service the mobile home;
(d) The make, model, year of manufacture and size of the mobile
home.
• Section 2. Contents of the park plan.
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• A. The park plan shall be drawn on a scale of not more than one hundred
(100) feet to the inch. The following shall be shown on the plan:
1. Name of park;
2. Name and address of owner or developer with appropriate
signatures;
3. Scale and north arrow;
4. Date of park plan;
5. Engineer's or surveyor's certificate and seal;
6. Sketch of vicinity map;
7. Dimensions and bearings of exterior property lines;
8. Map book and page number of property as recorded with the
county register of deeds;
9. Land contours with vertical intervals of not more than two (2) feet;
• 10. Stormwater drainage plan;
11. Roads and streets;
12. Mobile home spaces identified by space numbers and showing
exact dimensions of such spaces;
13. Location and identification of all parking spaces within the park;
14. Method of surfacing roads;
15. Location of utility/storage accessory buildings;
16. Location of all existing structures;
17. Location and intensity of area lights;
18. Source of water and water distribution system;
19. Sanitary sewage. If a public sewage collection and disposal system
is used, plans and specification approved by the N.C. Division of
• Water Quality must be submitted prior to the planning board
review of the park. If the park sewage system is not connected to a
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• public collection system, the plan must show the location of septic
tanks, layout of drainfields, the number of mobile homes
connected to each septic tank and point on mobile home space
where mobile home will be connected. If individual septic tanks
are used, then the location of the tank, their drainfields, and the
position of the mobile homes for each mobile home space must
also be shown.
20. Calculations showing the maximum amount of ground covered by
the mobile home stand and all nonpervious materials such as, but
not limited to, concrete and asphalt paving.
B. A diagram shall be included showing a typical mobile home space. This
shall include:
1. Location of mobile home;
2. Location of septic tank and drainfield or point of connection to
public system;
3. Parking spaces;
• 4. Setback requirements;
5. Refuse racks;
6. Accessory buildings;
7. Typical electrical service to each mobile home space;
8. Source of water;
9. Outside lights if applicable.
C. If a mobile home space does not comply with this typical diagram, all
variations must be shown on the plat.
Section 3. Review and approval of mobile home park
A. Upon submission of mobile home a park application to the planning board,
the applicant shall submit duplicate copies of the proposed plans to the
following agencies:
• 1. Appropriate state or local agency responsible for water and sewage
disposal. This agency will review the mobile home park plans to
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• determine whether they are in compliance with minimum health
standards and regulations, including, but not limited to the
following:
•
i. Source of water and water distribution system;
ii. Sanitary sewage systems;
iii. Surface drainage system;
iv. Adequate mobile home space size.
2. Electrical inspector. The electrical inspector of the Town of
Atlantic Beach shall review the mobile home park plans to
determine if the electrical system complies with state, local, and
national electrical code.
3. Building inspector. The town building inspector or his designated
representative shall review the mobile home park plan to determine
whether they comply with the regulations of this article as well as
other applicable laws and regulations of the Town of Atlantic
Beach.
B. After the above agencies and departments have reviewed the proposed
mobile home park plans, they shall forward their comments and
recommendations to the planning board. Each agency may also notify the
developer concerning any comments on the proposed plan. The planning
board shall consider all comments and recommendations made by the
above agencies before ruling on the plan. The planning board shall make
recommendations and will forward said recommendations to the Town
Council for final action.
Section 4. Issuance of a mobile home park construction permit.
A. If the Town Council approves the mobile home park plans, the building
inspector shall be authorized to issue a mobile home park construction
permit. The developer may then proceed with the construction of the
mobile home park; provided however that said construction shall be in
accordance with the mobile home park plans approved by the Town
Council. The developer shall inform the building inspector by letter or by
telephone upon completion of twenty-five (25) percent of the park sixty
(60) percent of the park and one hundred (100) percent of the park.
LL

• B. Any variances or deviations from the approved park plans must be
submitted to the planning board for recommendations and must be
approved by the Town Council before any deviations or alterations in
construction may take place. The above includes the addition or deletion
of any spaces in the mobile home park.
C. Any variances or deviations from the approved park plans must be
submitted to the planning board for recommendations and must be
approved by the Town Council before any deviations or alterations in
construction may take place. The above includes the addition or deletion
of any spaces in the mobile home park.
Section 5. Operation of mobile home parks and placement of mobile homes in town.
A. A mobile home permit must be issued for each mobile home placed within
a mobile home park or within the Town of Atlantic Beach. Permit fees
shall be determined by the Town Council by resolution.
B. All mobile home parks within the Town of Atlantic Beach must have a
valid mobile home park operation certificate. The fee for this certificate
• shall be ten dollars ($10.00) per year or such other amount as determined
by the Town Council of the Town of Atlantic Beach.
C. A permit shall be required to remove any mobile home from any mobile
home park or from any lot within the Town of Atlantic Beach. This permit
shall be issued by the town clerk after the town clerk is satisfied that all
town taxes have been paid and that a similar permit has been issued by the
Carteret County Tax office. There shall be no cost for this permit.
D. The building inspector or his designated representative shall inspect each
mobile home park every three (3) years. The inspector shall keep a record
of such inspections for a period of five(5) years.
E. If it is determined by the building inspector that any mobile home park
within the Town of Atlantic Beach fails to comply with the provisions of
this article or is detrimental to public health, safety, or welfare the building
inspector shall contact the appropriate state or local agency having
authority to review the problem. The building inspector shall notify the
owner or operator of the alleged violation. The owner or operator shall be
informed that corrective action must be accomplished within a reasonable
period of time, said reasonable period time not to exceed thirty (30) days.
If the mobile home park owner or operator fails to take the necessary
• corrective action within thirty (30) days, the building inspector is
authorized to revoke the mobile home park operation certificate in which
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• event the mobile home park must be immediately closed and not reopened
until compliance is made.
F. No owner shall place a mobile home in the Town of Atlantic Beach
unless:
The mobile home has the inspection label certification as
recognized by the State of North Carolina, as stated in the
regulations for mobile homes and modular housing, 1979 edition
or amendments thereto; and
2. A valid mobile home permit has been issued in accordance with
this article.
3. The manufactured home's date of construction was no more than
ten (10) years prior to the permit application date, except as may
be permissible pursuant to subsection J., hereunder.
4. The mobile home is hurricane rated as per the North Carolina
Regulations for manufactured/mobile homes as amended.
G. It shall be the duty of every mobile home park owner to comply with the
• General Statutes of North Carolina regarding the providing of list of
occupants of mobile home parks to the town tax collector on an annual
basis.
H. Once a mobile home has been placed within the Town of Atlantic Beach
and the mobile home is ready for occupancy, the owner shall notify the
building inspector who shall make a final inspection of the mobile home.
If the owner has complied with the requirements of this section, the
building inspector shall issue a certificate of occupancy which shall
authorize the electrical inspector to approve electrical connections to the
mobile home.
I. All operators of mobile home parks shall keep an accurate register
containing a record of all mobile home owners in the mobile home park.
This register shall be made available at all times for inspection by
appropriate law enforcement officials, public health officials, and other
officials whose duties necessitate acquisition of this information contained
in the register.
Section 6. Design standards and specifications for new mobile home parks.
• A. Minimum park area: Not less than one (1) acre.
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• B. Minimum yard setback for a mobile home space in new mobile home
parks will be as follows:
1. Minimum front yard setback: ten (10) feet.
2. Minimum side yard setback: five (5) feet.
3. Minimum rear yard setback: five (5) feet.
C. Mobile homes in mobile home parks existing as of February 22, 2000
shall be spaced so as to comply with the following minimum
requirements:
1. At lease eight (8) feet of separation between the walls of
separate mobile homes, or their accessory structures,
measured side to side, structure to structure; however,
accessory structures to a mobile home composed of non-
combustible material (i.e. concrete steps, etc.) may be
separated from other mobile homes or their accessory
structures by a minimum of six (6) feet.
2. At least six (6) feet of separation between the walls of
separate mobile homes, or their accessory structures,
• measured end to side, structure to structure.
3. At least six (6) feet of separation between the walls of
separate mobile homes, or their accessory structures,
measured end to end, structure to structure.
•
Any mobile homes replaced in an existing mobile home park which are allowed
to be replaced under the provisions of Section 16 shall comply with the separation
requirements specified in this subparagraph C.
D. The minimum setback lines shall be measured from the nearest portion of
any mobile home and the structural additions thereto (such as porches,
patios, and steps), and accessory or outbuildings located within the
boundaries of the mobile home space.
E. The mobile home park shall comply with all front, rear and side setback
requirements of the zone in which the park is located.
F. Driveways, access roads, parking:
1. Minimum interior street right-of-way: twenty-two (22) feet.
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• 2. Minimum parking spaces per mobile home: two (2) parking spaces
per mobile home space. Said parking spaces shall be at least nine
(9) feet by eighteen (18) feet each.
3. All parking spaces shall be within the mobile home space for
which the parking is provided.
4. All accessory buildings or outbuildings shall be located upon the
mobile home space so as to not protrude past that portion of the
mobile home which is nearest the public street or access street to
said mobile home and shall not be located within that portion of
the yard which would commonly be referred to as the front yard.
G. All mobile home parks and mobile homes located within mobile home
parks must comply with the National Fire Code Standard for Fire Safety
Criteria for Mobile Home Installations, Sites, and Communities (NFPA
501A).
H. The amount of land coverage of mobile homes accessory buildings and
non -pervious material such as, but not limited to, concrete and asphalt
paving shall not exceed forty (40) percent of the total area of the mobile
home park.
isSection 7. Water supply, sewerage, electricity, lighting, refuse collection, and
drainage.
A. Each mobile home space within the mobile home park shall be connected
to an approved water and sewer facility. Such connections and facilities
shall be approved by the appropriate local or state agency as required.
B. All electrical wiring in a mobile home park shall be installed in
accordance with the National Electrical Code in effect at the time of the
installation and shall be approved only by the electrical inspector of the
Town of Atlantic Beach. Electrical distribution lines shall be installed
underground.
C. The point of electrical connection for a mobile home shall be within an
area of the mobile home stand and approximately forty (40) feet from the
front of the mobile home and approximately four (4) feet from either side
of the mobile home. Where other utilities and fixtures prevent the location
of electrical connections as set out herein, then said electrical connections
shall be made with due regard to uniformity, safety, and convenience.
Adequate exterior lighting shall be provided for all streets.
• D. Refuse collections will be made in accordance with the town collection
policies. All refuse containers shall be rodent proof and waterproof and
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• shall have a tight fitting lid. Mobile home parks shall be kept free of all
trash, cans, jars, buckets, old tires, junk automobiles, and other items that
may hold water and provide breeding places for mosquitoes and homes for
rodents.
E. All mobile home parks shall provide an adequate storm drainage system to
provide for proper runoff of stormwater. At no time shall a drainage
system be constructed so as to permit the freestanding of water; however
this shall not prohibit dry ponds as a method of control of drain water if
approved by the appropriate agency having jurisdiction.
Section 8. Mobile home stands and anchors.
A. All mobile homes shall be secured to the ground in conformity with all
state or town codes relating to wind or weather.
B. The mobile home space shall be improved so as to provide an adequate
area for placement and anchoring of a mobile home; thereby securing the
structure against uplift, sliding, rotating, and/or overturning during high
winds. The mobile home may be placed upon a foundation constructed of
concrete.
• C. The anchors used to secure and tie down mobile homes shall be four (4)
feet long with six-inch screws or such other size as subsequently required
by applicable wind or building codes.
•
Section 9. Structural additions.
A. No structural additions may be added to a mobile home within a mobile
home park until a building permit has been obtained from the Town of
Atlantic Beach. All such structural additions shall comply and conform to
the North Carolina Building Code.
B. All structural additions shall be removed within thirty (30) days after the
subject mobile home is moved, unless attached to another mobile home on
the same site within that thirty -day period.
Section 10. Management.
In each mobile home park, the permitee, duly authorized attendant, or caretaker
shall be responsible for all times to keep the mobile home park and its facilities
and equipment in a clean, orderly, safe, and sanitary condition.
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• Section 11. Space numbering system.
Upon the adoption of this article, all approved mobile home parks shall institute a
space numbering system that will correspond to the mobile home park plan as
approved by the Town Council. Each mobile home space shall be numbered and
such numbers shall be displayed in a visible manner so as to facilitate space
location. Such individual numbers shall be posted on the mobile home, when
homes are placed on spaces.
Section 12. Compliance.
Mobile home parks in existence prior to the adoption of this ordinance which do
not comply with the provisions of this article, shall be nonconforming.
Section 13. Compliance with North Carolina regulations.
Upon and after the date of adoption of this article, any law of the State of North
Carolina and/or regulation regarding mobile homes or mobile home parks, shall
become additional requirements for compliance with this ordinance.
Section 14. Underskirting of mobile homes.
• Any mobile home placed in the Town of Atlantic Beach after adoption of this
ordinance shall have a corrosive -resistant skirt extending from the bottom of the
mobile to the ground. Said skirt shall be provided with an access door measuring
eighteen (18) inches by twenty-four (24) inches or larger and properly ventilated
according to the North Carolina Building Code.
Section 15. Existing nonconformity.
Existing nonconforming uses need not be altered to conform to the terms of this
ordinance; provided however, that said prior use complied with the then existing
ordinances of the Town of Atlantic Beach when said use was begun. Provided,
however that nothing may be done which makes the present use more
nonconforming than it already is. No action may be taken with regard to any use
which would make the use in nonconformance with the Atlantic Beach Fire Code
ordinance, the North Carolina Building Code, or any other code or ordinances
then in effect.
Section 16. Replacement of mobile homes in nonconforming parks or replacement of
nonconforming mobile homes.
Owners of mobile homes which are made nonconforming as a result of this
ordinance or which are nonconforming because they are not allowed by the
• zoning district in which they are located may, for a period of two (2) years from
the date of July 31, 1986, replace or move their mobile homes, provided the
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• mobile home as replaced or moved meets all setback requirements of the zoning
district in which the mobile home is located. The mobile home as replaced or
moved must conform with all other ordinances in effect as of July 31, 1986.
Additionally, any mobile home destroyed as a result of fire, wind, flood or other
"acts of God" not the result of the negligence of the owner, may be replaced or
moved if such destruction occurs within four (4) years form the date of July 31,
1986. Except as specifically provided in this paragraph no mobile home which is
nonconforming in the zone in which it is located shall be replaced or moved
regardless of the reason or need for replacement or movement.
Notwithstanding any other provisions contained herein, mobile homes located in
mobile home parks which mobile home parks are either a permitted or special use
in the particular zoning district in which they are located but which parks are
made nonconforming as a result of the town's mobile home park ordinance
adopted the thirty-first day of July, 1986, may be replaced or moved provided the
mobile home, as replaced or moved, meets all setback requirements of the zoning
district in which the mobile home is located; meets the setback requirements of
this mobile home park ordinance; complies with all other laws and ordinances in
effect as of the thirty -fast day of July, 1986; and complies with the National Fire
Code as adopted by the Town of Atlantic Beach. No mobile homes in mobile
home parks which are nonconforming as a result of not being a permitted or
special use in the zoning district in which they are located may be replaced or
• moved except as provided in the preceding paragraph of this section.
SR# 4 Recreation Vehicle Parks
Section 1. Application for recreational vehicle permit, recreational vehicle park
permit.
A. No person shall construct a recreational vehicle park or use any lot, tract,
or parcel of land as a recreational vehicle park, or place three (3) or more
recreational vehicles on a single lot, tract, or parcel of land, or make any
additions to any existing recreational vehicle park which either alters the
number of sites for recreational vehicles within the park or affects the
facilities required therein, until a recreational vehicle park construction
permit has been issued in accordance with this article. Any such
construction or additions shall be made in accordance with the plans and
specification submitted with the application and as approved by the Town
Council.
B. An application for a recreational vehicle park construction permit shall be
filed with the planning board at least two (2) weeks prior to the regular
meeting of the planning board. The application will be reviewed by the
planning board, the building inspector, and appropriate local or state agencies
• having the authority to approve the water and sewage facilities in the
recreational vehicle park. All applications for a recreational vehicle park
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• construction permit shall be accompanied by six (6) prints of the park plan
drawn by a registered engineer or registered surveyor and containing the
information required by section 2. The applicant shall also pay the recreational
vehicle park application fee at the time of submitting the application.
C. At the time of requesting an application for a recreational vehicle park permit
or a recreational vehicle permit, a current copy of this article shall be made
available for review by the applicant.
D. The owner of operator of all recreational vehicle parks within the Town of
Atlantic Beach shall keep and maintain for a period of three (3) years a list
of all persons renting spaces in said recreational vehicle park. The list
shall contain at least the following information:
(1) The lot number where the recreational vehicle will be located;
(2) The make, model, year of manufacture and size of the recreational
vehicle;
(3) The name and address of the person renting the recreational
vehicle lot;
• (4) The dates that the lot was used by the recreational vehicle.
Each park owner shall make this list available to agents and employees of the Town of
Atlantic Beach during regular business hours for purposes of inspection.
Section 2. Contents ofparkplan.
The park plan shall be drawn on a scale of fifty (50) feet per inch or larger. The following
information shall be shown on the park plan:
(1) Name of park;
(2) Name and address of owner or developer with appropriate
signatures;
(3) Scale of north arrow;
(4) Date of park plan;
(5) Surveyor's and/or engineer's certificate and seal;
(6) Sketch vicinity map;
• (7) Bearings and distances of exterior property lines;
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• (8) Map book and page number of the property as recorded with the
county register of deeds;
(9) Land contours with vertical intervals of not more than two (2) feet
shall be provided for all parks;
(10) Stormwater drainage plan;
11) All proposed roads and streets and type of surfacing to be used;
(12) Recreational vehicle spaces identified by space numbers and
showing exact dimensions of such spaces. Also show location and
dimensions of any RV parking pads within the RV space and
indicate type of surface;
(13) Location and dimensions of all other vehicular parking spaces
within the park, as distinct from recreational vehicle spaces;
(14) Location and dimensions of all existing and proposed buildings
and other structures;
• (15) Location and intensity of park lights;
(16) Source of water and water distribution system;
(17) Location and type of sanitary sewerage system. If a public sewage
collection and disposal system is used, plans and specifications
approved by the N.C. Division of Water Quality must be submitted
prior to local approval of the park. If individual septic tanks are
proposed, then the location of the tanks and drainfields should be
shown for each individual system proposed;
(18) All receptacles for solid waste storage and disposal;
(19) Impervious surface coverage calculations for the entire park.
Section 3. Review and approval of recreational vehicle park plan.
A. Upon submission of park plans and application to the planning board,
copies of the proposed plans shall be forwarded to the following agencies:
• (1) Appropriate state or local agency responsible for sewage disposal
and water source. This agency shall be responsible for review of
U

• the park plans to determine compliance with minimum health
standards and regulations including, but not limited to:
a. Source of water and water distribution system;
b. Sanitary sewage system;
C. Surface drainage system;
d. Adequate lot size.
(2) Electrical inspector. The appropriate electrical inspector shall
review park plans to determine if a proposed electrical system is in
accordance with state, local and national electric codes.
(3) Building inspection department. Town building inspection
department shall review park plans to determine compliance with
site regulations of the recreational vehicle park ordinance.
B. After the above state agencies and departments have reviewed the
proposed park plans, their comments and recommendations shall be
forwarded to the planning board. Each agency may also notify the
• developer concerning any comments on the proposed park plan. The
planning board shall consider all comments and recommendations on the
proposed park plan. The planning board's recommendations will be
forwarded to the Town Council for final approval.
Section 4. Issuance of parkpermit and certificate of occupancy.
A. After the planning board has considered the park plans and the Town
Council has approved the plan, the building inspector shall be authorized
to issue a park permit. The developer shall then proceed with construction
of the recreational vehicle park in accordance with the approved park
plans. The developer shall inform the building inspector by letter or by
telephone upon completion of twenty-five (25) percent of the park, sixty
(60) percent of the park, and one hundred (100) percent of the park.
B. After completion of one hundred (100) percent of the park in accordance
with the approved park plans, the building inspector may issue a certificate
of occupancy.
C. Upon receipt of the certificate of occupancy, the developer shall be
permitted to operate and maintain his park. Only upon receipt of the
• certificate of occupancy shall the developer be permitted to rent or lease
park spaces and place a recreational vehicle within the park.

• D. Variances or deviations from the approved park plans shall not be
permitted until approval from the Town Council has been granted.
Additions and deletions of spaces shall not be exempt from this
requirement.
Section S. Design standards and specifications for recreational vehicle park.
Design standards for recreational vehicle parks shall be as follows:
(1) Minimum park area: One (1) acre.
(2) Minimum area required for park expansion: Five (5) spaces.
(3) Minimum recreational vehicle space size: One thousand (1,000) sq. feet.
(4) Minimum lot width: Eighteen (18) feet.
(5) Minimum distance between recreational vehicles: Ten (10) feet.
(6) The recreational vehicle park shall comply with all front, rear and side
• setback requirements of the zone in which the park is located.
(7) Driveways, access roads, parking:
•
(a) Minimum interior street right-of-way: Twenty-two (22) feet.
(b) Minimum width of one-way roads: Twelve (12) feet.
(c) Roads shall abut each space.
(d) Parking spaces sufficient to accommodate at least one (1) motor
and one (1) recreational vehicle shall be constructed within each
space.
(e) No space shall have direct vehicular access to a public road.
(8) Each space shall be designated on the ground by permanent markers or
monuments. All spaces shall be located on sites with elevations that are
not susceptible to flooding. The spaces shall be graded to prevent any
water from ponding or accumulating within the park. Each space shall be
properly graded to obtain a reasonably flat site and to provide adequate
drainage away from the space.
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(9) The park shall be developed with proper drainage ditches and all banks
sloped and seeded.
(10) If the recreational vehicle park permits tents and/or recreational vehicles
without self -containing toilet and bath facilities, the park shall have a
central structure or structures that will provide separate toilet and bath or
shower facilities for both sexes. This structure may also contain a retail
sales counter and/or coin -operated machines for the park residents use
only, provided there is no exterior advertising. Vending machines also
may be permitted in sheltered areas. If the recreational vehicle park
requires all recreational vehicles to be properly equipped with approved
toilet and bath facilities, the park is not required to provide toilet, bath and
shower facilities.
(11) No public swimming pool or bathing area shall be installed, altered,
improved, or used without compliance with applicable regulations. No
public swimming pool shall be used without the written authorization of
the Carteret County Health Department.
(12) Signs for the identification of parks shall conform with the existing sign
ordinances for the zone in which the park is located.
(13) The park shall have an administrative office within the park with an
attendant on duty at all times when the park is in use.
(14) A mobile home may be used for the administrative office and its
placement and installation must be made in compliance with the
appropriate ordinances.
(15) Tents may be permitted on a recreational vehicle space in lieu of any other
recreational vehicle. When so used, such spaces must be not more than
one hundred (100) feet from the park toilet and shower facilities, and
dishwashing facilities (sink type) must be provided on the ratio of one (1)
sink per five (5) sites.
(16) Where a site borders another zone, a vegetation buffer zone of not less
than five (5) feet in width shall be planted so as to provide an effective
shield from the other property.
(17) The maximum land coverage of the recreational vehicle (recreational
vehicle footprint) on a space shall not exceed four hundred (400) square
feet.
(18) No park shall have more than forty (40) percent of its area covered by
impervious materials and the area the recreation vehicles occupy
(recreational vehicle footprint).
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Section 6. Water, sewer; sanitary facilities; garbage disposal; electricity.
A. Sanitary facilities.
(1) All toilet, shower, lavatory and laundry facilities shall be provided
and maintained in a clean, and sanitary condition and kept in good
repair at all times. They shall be safely and adequately lighted.
Facilities shall be easily accessible and conveniently located. All
toilet, shower, lavatory, and laundry room facilities shall be
acceptable to the health department and shall be in conformity with
all Carteret County codes.
(2) All buildings shall be constructed in accordance with the building
codes of the town.
B. Water supply. A safe, adequate, and conveniently located water supply
must be provided for each park No water supply shall be installed,
altered, or used, without the written permission of the Carteret County
Health Department.
• C. Sewage disposal.
(1) Sewage dumping stations shall be approved by the Carteret County
Health Department. Each park shall provide at least one (1) sewage
dumping station.
(2) No method of sewage disposal shall be installed, altered, or used
without written permission of the health department. All sewage
wastes from each park including wastes from toilets, showers,
bathtubs, lavatories, wash basins, sinks, and water using appliances
not herein mentioned, shall be piped into the park's sewage
disposal system or systems.
D. Garbage and refuse disposal.
(1) The park owner is responsible for refuse collection. All refuse shall
be collected at least once each day and more if the need is
indicated.
(2) Storage, collection, and disposal of refuse shall be so managed as
not to create health hazards, rodent harborage, insect -breeding
areas, accidents, fire hazards, or air pollution.
0

. (3) All refuse shall be stored in solid waste containers of a type
required by the Town of Atlantic Beach solid waste ordinance.
E. Utilities. Where electrical service is used, the installation and use of such
facilities shall conform with all applicable codes. Such facilities shall be
inspected by the county electrical inspector.
Section 7. Structural addition.
All structural additions other than those permitted in this section are prohibited. Those
additions which are built into the recreational vehicle and designed to fold out or extend
from it are permitted. Additionally, the RV park owner shall be permitted to construct a
concrete pad containing not more than eighty (80) square feet, with no protrusions above
the flooring other than a storage box no larger than two (2) feet by four (4) feet by three
(3) feet in elevation attached to the pad floor so long as the pad and box do not restrict the
ingress and egress to the recreational vehicle. Structural additions to a recreational
vehicle existing at the time of passage of this article shall be removed within thirty (30)
days.
Section 8. Management.
• In each park, the permittee or duly authorized attendant or caretaker shall be responsible
at all times to keep the park, its facilities, and equipment in a clean, orderly, safe, and
sanitary condition.
Section 9. Space numbering system.
Upon the adoption of this section, all approved parks shall institute a space numbering
system that will correspond to the park plan as approved by the Town Council. Each
space shall be numbered and such numbers shall be displayed in a visible manner so as to
facilitate space location. Such individual numbers shall be posted on a display post not
greater than (2) feet in height, or displayed in such a manner so as to be acceptable to the
building inspector.
Section 10. . Compliance.
Parks in existence on the effective date which do not comply with the provisions of this
article shall be nonconforming.
Section 11. Park certificate.
All recreational vehicle (RV) parks within the Town of Atlantic Beach must have a valid
RV park certificate. The fee for this certificate shall be Ten Dollars ($10.00) per year or
• such other amount as determined by the Town Council of the Town of Atlantic Beach.
The Building Inspector shall inspect each park every two (2) years. The Building
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• Inspector shall keep adequate records of such inspections for a period of five (5) years.
There will be a charge of Five Dollars ($5.00) per RV for such inspections.
Section 12. Park owner certification and requirements concerning mobility of
recreational vehicles located in a federally defined food hazard zone,
zone A.
Every owner, manager, or person in charge of a recreational vehicle park which is located
in a zone A, flood hazard zone, shall maintain a permanent log which shall be available
during regular business hours for inspection by the Town of Atlantic Beach Building
Inspection Department and which shall contain the following information:
(1) The name and address of the owner of all recreational vehicles located
within said park;
(2) The date when said vehicles were last moved from their assigned parking
spot;
(3) The current license plate numbers for said vehicles; and
(4) A certification that an inspection has been made within the last one
hundred eighty (180) days showing that the recreational vehicles are
• capable of moving under their own power or capable of being operated or
towed as intended by their manufacturer.
Section 13. Recreational vehicles (zone A) shall be capable of being moved as
originally designed.
All recreational vehicles located within the Town of Atlantic Beach in a recreational
vehicle park in a zone A, flood hazard zone, shall be maintained by the owner thereof so
that each such vehicle meets the following requirements:
(1) The recreational vehicle is capable of moving under its own power or is
capable of moving as it was originally designed by its manufacturer;
(2) The recreational vehicle shall maintain a current valid license plate issued
by the State of North Carolina or the department of motor vehicles of the
state where said vehicle is registered;
(3) No structures of any type shall be allowed within the RV park that are not
shown on the approved park plan, except for a concrete pad containing not
more than eighty (80) square feet, with no protrusions above the flooring
other than a storage box no larger than two -foot by four -foot by three-foot
• in elevation attached to the pad floor. The pad and box must not restrict
the egress and ingress to the recreational vehicle;
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• (4) All recreational vehicles shall be moved at least once during each one
hundred eighty (180) days that said recreational vehicles are located in a
recreational vehicle park within the Town of Atlantic Beach which is
within a zone A, flood hazard zone.
Section 14. Park certification and requirements concerning mobility of recreational
vehicles located within town in areas other than zone A, food hazard
zones.
Every owner, manager or person in charge of a recreational vehicle located within the
Town of Atlantic Beach which is not located in a zone A, flood hazard zone, shall
maintain a permanent log which shall be available during regular business hours for
inspection by the Town of Atlantic Beach Building Inspection Department and which
shall contain the following information:
(1) The name and address of the owner of all recreational vehicles located
within said park;
(2) The date when said vehicles were last moved from their assigned parking
spots;
• (3) The current license plate numbers for said vehicles; and
(4) A certification that an inspection has been made of each vehicle within the
last one (1) year showing that each recreational vehicle located in said
park for more than one (1) year is capable of moving under its own power
or capable of being operated or towed as intended by its manufacturer.
Section 15. Recreational vehicles [(outside zone A)] shall be capable of being moved
as originally designed.
All recreational vehicles located within the Town of Atlantic Beach outside of the zone
A, flood hazard zones, shall be maintained by the owner thereof so that such vehicles
meet the following requirements:
(1) The recreational vehicle is capable of moving under its own power or is
capable of moving as it was originally designed by the manufacturer;
(2) Said recreational vehicle shall maintain a current valid license plate issued
by the State of North Carolina or the department of motor vehicles of the
state where said vehicle is registered;
(3) No structures of any type shall be allowed within the RV park that are not
shown on the approved park plan, except for a concrete pad containing not
• more than eighty (80) square feet, with no protrusions above the flooring
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• other than a storage box no larger than two -foot by four -foot by three-foot
in elevation attached to the pad floor. The pad and box must not restrict
the egress and ingress to the recreational vehicle;
(4) All recreational vehicles shall be moved at least once each year that said
recreational vehicle is located in- a recreational vehicle park within the
Town of Atlantic Beach.
Section 16. Violations
(a) All recreational vehicle park owners, managers or persons in charge of
recreational vehicle parks shall require all recreational vehicles located
within said parks to comply with the above provisions relating to current
licensing and mobility [as provided in sections, 13, 14, 15 and 16]. Any
owner, manager or person in charge of a recreational vehicle park who
allows recreational vehicles to remain in said park in violation of the
provisions of sections 12, 13, 14 and 15, shall be in violation of this
Ordinance
(b) Any owner of a recreational vehicle located in a recreational vehicle park
violating any of the terms and requirements of sections 13, 14, 15 and 16,
shall be in violation of this Ordinance.
is SR# 5 Adult Oriented Business
(a) No such businesses shall locate within one thousand (1,000) feet of any
other Adult Oriented Business, as measured in a straight line from
property line to property line.
(b) No Adult Oriented Business shall be located within one thousand two
hundred (1,200) feet of a church, public or private elementary or
secondary school, child day care or nursery school, public park,
residentially zoned or residentially used property, or any establishment
with an on -premise ABC license, as measured in a straight line from
property line to property line.
(c) The gross floor area of any Adult Oriented Business shall not exceed three
thousand (3,000) square feet and all business related activity shall be
conducted in a building.
(d) Except for an adult motel, no Adult Oriented Business may have sleeping
quarters.
• (e) There shall not be more than one (1) Adult Oriented Business in the same
building, structure, or portion thereof. No other principal or accessory use
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• may occupy the same building, structure, property, or portion thereof, with
any Adult Oriented Business.
(f) Except for signs as may be permitted by Article IX of this Ordinance, no
printed material, slide, video, photograph, written text, live show, or other
visual presentation format shall be visible from outside the walls of the
establishment, nor shall any live or recorded voices, music, or sounds be
heard from outside the walls of the establishment.
(g) No enclosed or underground parking shall be permitted.
SR# 6. Marinas
See Requirements of the Town of Atlantic Beach Marina Ordinance.
SR# 7. Motels/Hotels
(a) Conversion of hotels and motels. Any existing or future structure initially
designed for purposes other than group housing (condominiums, attached
single-family dwellings and apartments) shall meet all group housing
• ordinances should conversion to group housing uses be desired.
(b) Construction of new motels and hotels. Where motels and hotels are
presently allowed, new hotel and motel construction shall be required to
meet all requirements for group housing except that hotels and motels
shall have a maximum of forty (40) rooms per acre with a minimum of
three hundred (300) square feet per room.
•
SR# 8. Pedestrian Walkway and Bicycle Ridingways
(a) Maximum width, eight (8) feet.
(b) Minimum setback from any street or highway, twenty-five (25) feet.
(c) Where walkways and ridgeways confront other than a local street, a
pedestrian -controlled stoplight, a pedestrian overpass or underpass shall be
installed.
(d) All pedestrian walkways and ridingways shall be so planned and
developed as to prevent the destruction of natural topography and
vegetation.
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• (e) Pedestrian walkways planned for usage during the hours of darkness shall
be lighted with light fixtures which would blend into and complement the
surrounding vegetation and natural surroundings during daylight hours.
(f) No motorcycle, motorbike, motor scooter, go-cart or other similar machine
shall be permitted on pedestrian walkways or bicycle ridingways and signs
of a maximum square footage of four (4) square feet shall indicate such.
SR# 9 The Sale. Rental Or Repair of Jet Skis and Other Water Vessels
(a) Sale, rental or repair of jet skis and other water vessels. The applicant
shall be required to submit a plat or drawing prepared by a registered
engineer or surveyor showing the location of the proposed business, the
means of water access to the business, the method by which the applicant
proposes to protect swimmers and bathers from the operation of the jet
skis or other water vessels on or near the property, and such other
information as deemed necessary by the board of adjustment in order to
insure that the health and safety of adjoining property owners, bathers,
swimmers, other boats, and members of the public have been provided for
in the plan.
SR# 10 Youth Centers
• (a) Youth Centers. The applicant shall be required to submit documentation
proving that the management of the establishment shall be a true non-
profit community, charitable, or religious organization, and that the center
will have as its sole purpose the positive development of adolescents and
teenagers. The applicant shall further submit a written plan describing in
detail the proposed activities of adolescents and teenage persons
frequenting the center. The plan shall further describe in detail the adult
supervision, the hours of operation, and structured activities that are to be
conducted on the premises. If the board finds that the plan as submitted
proposes controlled and properly supervised activities intended solely for
adolescents and teenager persons, that adult supervision will be provided
during all hours of operation on a consistent and regular basis, that the
management will in fact be a non-profit community, charitable, or
religious organization, and the other requirements of the ordinance are
found to exist, then the board is authorized to issue a special use permit.
SR# 11 Wireless Telecommunication Towers and Facilities
(a) A site plan shall be submitted containing the name of the tower owner,
property owner, scale, north arrow, and latitude/longitude coordinates.
• Existing site conditions, including contours, any unique natural or man-
made features such as vegetation and ground cover. Exact boundary lines
of the property containing the proposed tower construction, fall radius and
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• any associated guide wires. Description of adjacent land use and all
property owners (s) and their addresses. A front and side elevation profile,
drawn to scale, of all existing and proposed towers and their antennas to
be located on the property.
(b) Towers shall have a setback of one foot for each one foot in height of
tower, plus twenty-five (25) feet from all property lines and rights -of -way,
as measured from ground level.
(c) Towers shall not be located within a one-half (1/2) mile radius of any
other wireless telecommunication tower, unless concealed in a church
steeple or other architecturally designed encasement. Furthermore, towers
located beyond a one-half (1/2) mile radius and not exceeding three (3)
mile radius from any other wireless telecommunication tower shall not be
permitted, unless the applicant can prove that co -location is not a viable
option and no stealth location is possible.
(d) Towers shall be no closer than five hundred (500) feet from any existing
residential dwelling, excluding any dwellings located on the same parcel
of land as the tower.
(e) Towers shall not exceed three hundred and fifty (350) feet in height as
• measured from ground level.
(f) Towers with a height greater than one hundred -fifty (150) feet shall be
constructed to permit the capability for the co -location of additional
provider antennas as follows:
•
151 feet to 200 feet -
two additional antennas
201 feet to 250 feet -
three additional antennas
251 feet to 300 feet -
four additional antennas
301 feet to 350 feet -
five additional antennas
(g) The applicant shall be required to provide written documentation showing
that no propose tower lies within a thirty (30) foot to one (1) foot run to
rise ratio from the nearest point of the nearest runway of a private airstrip
or airport registered with the Federal Aviation Administration
(h) No business signs, billboards, or other advertising shall be installed on a
tower, nor shall any tower be painted or have a color considered
obnoxious or offensive.
(i) Accessory or component buildings shall be setback fifty (50) feet from all
property lines and rights -of -way.
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• (j) All structures shall be enclosed by a chain link fence at least eight (8) feet
in height and screened with a six (6) foot high, ninety percent (90%)
opaque screening.
(k) The applicant shall be required to provide written documentation stating
that the tower is in compliance with all applicable Federal and State
regulations.
(1) Notice shall be provided to the Zoning Administrator when any
of notification to that effect. The applicant shall also provide the Town
with written documentation substantiating that the applicant has and will
sustain the financial ability to disassemble and remove the tower, once no
longer in operation.
(m) Additional provider antennas and equipment shelters associated with an
approved telecommunication tower site are permitted, provided said
changes do not increase the setback- requirement beyond the allowable
limit according to tower height.
(n) Tower lighting shall not exceed the minimum for red obstruction lighting
as administered by the Federal Aviation Administration (FAA).
• (o) All permits, for the construction of a wireless telecommunication tower
are issued in reliance upon a presumption that the tower will in fact
conform to the plans which are submitted as the basis for the permit. Once
constructed, the tower must continue to be maintained in compliance with
the provisions of this ordinance.
(p) The applicant shall be required to notify all property owners within a one-
half (1/2) mile radius of a proposed tower with a height greater than two
hundred -fifty (250) feet. The notice shall be by certified mail and shall
include tower height and design type and date, time and location of
proposed meeting.
(q) The applicant shall be required to provide written documentation stating
that it is not viable to co -locate on existing facilities within the coverage
area. Facilities includes other towers, elevated tanks, electrical
transmission lines, or other structures.
(r) The applicant shall provide the Town with proof of liability insurance
which protects against losses due to personal injury or property damage
resulting from the construction or collapse of the tower, antenna, or
accessory equipment. Such proof shall be supplied to the Town by the
applicant at the time of application.
• (s) The applicant shall provide to the Zoning Administrator an inventory of
its existing antennas and towers that are either within the jurisdiction of
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the Town or within three (3) miles of the border thereof, including
specific information about the location, height, and design type of each
tower and antenna. The applicant shall also provide an inventory of
potential future tower sites within the jurisdiction of the Town. The
Zoning Administrator may share such information with other applicants;
however, that by sharing this information, it is not in any way representing
or warranting that such sites are available or suitable.
t. The applicant shall provide the Town with proof of liability insurance
which protects against losses due to personal injury or property damage
resulting from the construction or collapse of the tower, antenna, or
accessory equipment. Such proof shall be supplied to the Town by the
applicant at the time of application.
U. The applicant shall provide to the Zoning Administrator an inventory of
its existing antennas and towers that are either within the jurisdiction of
the Town or within three (3) miles of the border thereof, including
specific information about the location, height, and design type of each
tower and antenna. The applicant shall also provide an inventory of
potential future tower sites within the jurisdiction of the Town. The
Zoning Administrator may share such information with other applicants;
• however, that by sharing this information, it is not in any way representing
or warranting that such sites are available or suitable.
•
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• Article VII Area, Height, and Placement Regulations.
Except as otherwise provided in this ordinance, no structure shall be erected or maintained which
exceeds the height limits specified below. The lot area and setback requirements listed below are
minimum and shall be complied with unless a variance is granted by the zoning board of
adjustment.
Section 7.1 RA-1 and RA-1M residential district.
A. Height. Thirty-five (35) feet unless the depth of front and total width of side
yards required herein shall be increased five (5) feet for each ten (10) feet, or
fraction thereof, of building height in excess of thirty-five (35) feet.
B. Front yard setback fifteen (15) feet. No building shall be built closer than fifteen
(15) feet from the front property line to the dwelling. Where lots comprising
twenty-five (25) percent or more of the frontage on the same street within the
block are developed with buildings having an average front yard with a variation
in depth of not more than eight (8) feet, no building hereafter erected or
structurally altered shall project beyond the average front yard so established
provided this regulation shall not be so construed as to require a front yard depth
of more than fifteen (15) feet. Provided, further, no front yard depth need exceed
the average provided for the two (2) adjoining buildings, one (1) on either side
• thereof, if such two (2) adjoining buildings are less than two hundred (200) feet
apart. Provided, further, that when the geographic grade or contour of a lot is such
that compliance with this section is impossible or will impose an undue hardship
upon the property owner, the board of adjustment will establish a front yard depth
suitable and practical for such lot. When lots are through lots or have a double
frontage, the required front yard shall be provided on both streets.
C. Side yard setback. No building shall be built any closer than seven (7) feet from
the side yard.
D. Rear yard setback. For the RA-1 residential district, no building shall be built any
closer than twenty (20) feet from the rear property line. For the RA-lM district,
no building shall be built closer than ten (10) feet from the rear property line.
Provided, further, that when the typographic grade or contour of a lot is such that
compliance with this section is impossible or will impose an undue hardship upon
the property owner, the board of adjustment may vary the rear yard depth to a
distance practical and suitable for such lot.
E. Building site area and maximum land coverage. The minimum building site area
shall be one (1) lot or parcel of land six thousand (6,000) square feet in area. Such
parcels shall have an average width of at least sixty (60) feet. Where a lot or
parcel of land has an area of less than the above required minimum area and width
• and was of record at the time of passage of this ordinance, said lot may be
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• occupied by one (1) family, provided, however, that the minimum side and front
yard requirements set out in this section are conformed to. All lots shall be
adequately provided with water and sewer services.
Notwithstanding any of the provisions contained in this section, no building sites
shall be more than forty (40) percent covered by buildings (including porches),
accessory buildings, impervious surfaces such as driveways, parking lots or
parking spaces.
Section 7.2 RA 1.5 Residential District
A. Height in RA-1.5 residential district. The maximum height for any building or
structure shall be thirty-five (35) feet unless the depth of the front yard and total
width of the side yards required herein shall be increased respectively by five (5)
feet for each ten (10) feet or fraction thereof of building height in excess of thirty-
five (35) feet.
B. Front yard setback. No building or structure shall be built closer than fifteen (15)
feet from the front property line. Where lots comprising twenty-five (25) percent
or more of the frontage on the same street within a block are developed with
buildings or structures having an average front yard with a variation in depth of
not more than eight (8) feet, no building hereafter erected or structurally altered
• shall project beyond the average front yard so established; provided, however, no
building or structure shall be built closer than fifteen (15) feet from the front
property line unless there exists adjoining structures on either side of the proposed
lot within two hundred (200) feet of each other which are less than fifteen (15)
feet from the property line in which event the front yard depth of the structure
need be setback no further than the average distance of the adjoining buildings.
The board of adjustment may grant variances from the front yard setback in those
instances where a strict compliance with this section would result in undue
hardship to the owner or where the geographic grade or contour of the lot makes
compliance with this section impossible. Lots which extend through from one (1)
street to another and lots having a double frontage shall comply with the front
yard requirement on each portion of said lot next to a street.
C. Side yard and rear yard setbacks. No building or structure shall be built closer
than seven (7) feet from the side property line and no building or structure shall
be built closer than twenty (20) feet from the rear property line unless the lot is a
"through lot".
D. Building site area and maximum land coverage. The minimum building site area
shall be one (1) lot or parcel of land with a minimum of six thousand (6,000)
square feet in area. Such lot shall have an average width of at least sixty (60) feet.
Where a lot or parcel of land has an area of less than six thousand (6,000) feet and
• less than sixty (60) feet in width, and was of record on the date of the passage of
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• the original zoning ordinance (December 7, 1978), there may be built on said lot a
one -family residence provided, however, that the minimum side and front yard
requirements of the RA-1.5 zone are complied with and provided further the
owner of the lot must obtain all necessary water and sewage permits prior to
obtaining a building permit.
Notwithstanding any of the provisions contained in this section, no building sites
shall be more than forty (40) percent covered by buildings (including porches),
accessory buildings, impervious surfaces such as driveways, parking lots or
parking spaces.
Section 7.3 RA-2 Residential Zone.
A. Height. No structure shall exceed forty (40) feet in height unless the depth of front
and total width of side yards required herein shall be increased five (5) feet for
each ten (10) feet, or fraction thereof, of building height in excess of forty (40)
feet.
B. Front yard. There shall be a front yard having a depth of not less than ten (10)
feet from the front property line to the front line of the main building. Where lots
comprising twenty-five (25) percent or more of the frontage on the same street
within the block are developed with buildings having an average front yard with a
• variation in depth of not more than eight (8) feet, no building hereafter erected or
structurally altered shall project beyond the average front yard so established
provided this regulation shall not be so construed as to require a front yard depth
of more than ten (10) feet. Provided, further, no front yard depth need exceed the
average provided for the two (2) adjoining buildings, one (1) on either side
thereof, if such two (2) adjoining buildings are less than two hundred (200) feet
apart. Provided, Rather, that when the geographic grade or contour of a lot is such
that compliance with this section is impossible or will impose an undue hardship
upon the property owner, the board of adjustment will establish a front yard depth
suitable and practical for such lot.
C. Side yard. There shall be a side yard on each side of the main building having a
width of not less than five (5) feet measured at the front line of the main building,
and the total width of such two (2) side yards shall not be less than ten (10) feet.
D. Rear yard. There shall be a rear yard having a depth of not less than ten (10) feet.
An accessory building as defined herein may be located in a rear yard if it is
located at least five (5) feet from any side line and ten (10) feet from the rear line
of the property.
E. Building site area. The minimum building site area shall be one (1) lot or parcel
of land five thousand (5,000) square feet in area for each main building. Such
parcels shall have an average width of at least fifty (50) feet. Where a lot or parcel
III

• of land has an area of less than the above -required minimum area and width and
was of record at the time of passage of this ordinance, said lot may be occupied
by one (1) family, provided, however, that the minimum side and front yard
requirements set out in this section are conformed to. The minimum building site
area for each two-family multiple -dwelling building shall be six thousand (6,000)
square feet; the minimum building site area for each three-family multiple -
dwelling building shall be eight thousand (8,000) square feet; and the minimum
building site area for each four -family multiple -dwelling building shall be ten
thousand (10,000) square feet. Any multiple -dwelling building units in excess of
four (4) families shall comply with the group housing ordinance.
F. Maximum land coverage. Notwithstanding any other provisions contained in this
section, no building site shall be more than forty (40) percent covered by
buildings (including porches), accessory buildings, impervious surfaces such as
driveways, parking lots or parking spaces.
Section 7.4 RA-3 Residential Zone and RA-3V Residential Zones.
A. Height. No structure shall exceed forty (40) feet in height unless the depth of
front and total width of side yards required herein shall be increased five (5) feet
for each ten (10) feet, or fraction thereof, of building height in excess of forty (40)
feet.
• B. Front yard. There shall be a front yard having a depth of not less than ten (10)
feet from the front property line to the front line of the main building. Where lots
comprising twenty-five (25) percent or more of the frontage on the same street
within the block are developed with buildings having an average front yard with a
variation in depth of not more than eight (8) feet, no building hereafter erected or
structurally altered shall project beyond the average front yard so established,
provided this regulation shall not be so construed as to require a front yard depth
of more than ten (10) feet. Provided, further, no front yard depth need exceed the
average provided for the two (2) adjoining buildings, one (1) on either side
thereof, if such two (2) adjoining buildings are less than two hundred (200) feet
apart. Provided, a lot is such that compliance with this section is impossible or
will impose an undue hardship upon the property owner, the board of adjustment
will establish a front yard depth suitable and practical for such lot. Where lots
have a double frontage, the required front yard shall be provided on both streets.
C. Side yard. There shall be a side yard on each side of the main building having a
width of not less than five (5) feet, measured at the front line of the main building,
and the total width of such two (2) side yards shall not be less than ten (10) feet.
D. Rear yard. There shall be a rear yard having a depth of not less than ten (10) feet.
An accessory building as defined herein may be located in a rear yard if located at
• least five (5) feet from any side line and ten (10) feet from the rear line.
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• E. Building site area. The minimum building site area shall be one (1) lot or parcel
of land five thousand (5,000) square feet in area, for each main building. Such
parcels shall have an average width of at least fifty (50) feet. Where a lot or parcel
of land has an area of less than the above -required minimum area and width and
was of record at the time of passage of this ordinance, said lot may be occupied
by one (1) family, provided, however, that the minimum side and front yard
requirements set out in this section are conformed to. The minimum building site
area for each two-family multiple -dwelling building shall be six thousand (6,000)
square _feet; the minimum building site area for each three-family multiple -
dwelling building shall be eight thousand (8,000) square feet; and the minimum
building site area for each four -family multiple -dwelling building shall be ten
thousand (10,000) square feet. Any multiple -dwelling building in excess of four
(4) families shall comply with the group housing ordinance.
F. Maximum land coverage. Notwithstanding any other provisions contained in this
section, no building site shall be more than forty (40) percent covered by
buildings (including porches), accessory buildings, impervious surfaces such as
driveways, parking lots or parking spaces.
Section 7.5 RA-3M Residential District.
• A. Height. No structure shall exceed forty (40) feet in height unless the depth of front
and total width of side yards, required herein shall be increased five (5) feet for
each ten (10) feet, or fraction thereof, of building height in excess of forty (40)
feet.
B. Front yard setback. There shall be a front yard having a depth of not less than ten
(10) feet from the front property line to the front line of the main building. Where
lots comprising twenty-five (25) percent or more of the frontage on the same
street within the block are developed with buildings having an average front yard
with a variation in depth of not more than eight (8) feet, no building hereafter
erected or structurally altered shall project beyond the average front yard so
established provided this regulation shall not be so construed as to require a front
yard depth of more than ten (10) feet. Provided, further, no front yard depth need
exceed the average provided for the two (2) adjoining buildings, one (1) on either
side thereof, if such two (2) adjoining buildings are less than two hundred (200)
feet apart. Provided, a lot is such that compliance with this section is impossible
or will impose an undue hardship upon the property owner, the board of
adjustment will establish a front yard depth suitable and practical for such lot.
Where lots have a double frontage, the required front yard shall be provided on
both streets.
C. Side yard and rear yard setbacks. There shall be a side yard on each side of the
• main building having a width of not less than five (5) feet, measured at the front
113

. line of the main building, and the total width of such two (2) side yards shall not
be less than ten (10) feet. There shall be a rear yard having a depth of not less than
ten (10) feet. An accessory building as defined herein may be located in a rear
yard if located at least five (5) feet from any side line and ten (10) feet from the
rear line.
D. Building site area. The minimum building site area shall be one (1) lot or parcel
of land five thousand (5,000) square feet in area, for each main building. Such
parcels shall have an average width of at least fifty (50) feet. Where a lot or parcel
of land has an area of less than the above required minimum area and width and
was of record at the time of passage of this ordinance, said lot may be occupied
by one (1) family, provided, however, that the minimum side and front yard
requirements set out in this section are conformed to.
E. Maximum land coverage. Notwithstanding any other provisions contained in this
section, no building site shall be more than forty (40) percent covered by
buildings (including porches), accessory buildings, impervious surfaces such as
driveways, parking lots or parking spaces.
Section 7.6 RR Resort Residential District.
A. Height. No structure shall exceed thirty (30) feet in height unless the depth of
• front and total width of side yards required herein shall be increased five (5) feet
for each ten (10) feet, or fraction thereof, of building height in excess of thirty
(30) feet.
B. Front yard. There shall be a front yard having a depth of not less than twenty-five
(25) feet from the front property line to the front line of the main building.
C. Side yard. There shall be a side yard on each side of the main building having a
width not less than ten (10) feet measured at the front line of the main building,
and the total width of such two (2) side yards shall not be less than ten (10) feet.
D. Minimum side yards for corner lots. Comer lots shall have a side yard of not
less than thirty (30) feet.
E. Rear yard. There shall be a rear yard having a depth of not less than
twenty (20) feet.
F. Minimum rear and side yard for accessory buildings. There shall be a
minimum rear and side yard for accessory buildings of not less than ten
(10) feet.
G. Building site area. The minimum lot area for uses not serviced by a
public water system or public wastewater treatment system shall be as
• follows:
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• 1) The minimum building area for lots or tracts which are not
serviced by a public waste treatment facility and public water
system shall be twenty thousand (20,000) square feet.
2) The minimum building area for lots or tracts serviced by a public
water system but not serviced by a public waste treatment facility
shall be eighteen thousand (18,000) square feet.
3) The minimum building area for lots or tracts serviced by a public
waste treatment facility, but not serviced by a public water system
shall be fourteen thousand (14,000) square feet.
The minimum lot area for uses serviced by both public water and a public
wastewater treatment system shall be as follows:
I) Single-family dwellings, seven thousand (7,000) square feet.
2) Two-family dwellings, fourteen thousand (14,000) square feet.
3) Townhouses, apartments and condominiums shall be in accordance
with the Atlantic Beach Group Housing Project, seven thousand
• (7,000) square feet.
4) Public utility building, seven thousand (7,000) square feet.
5) Day care center, seven thousand (7,000) square feet.
6) Tennis courts and swimming pools, seven thousand (7,000) square
feet.
Section 7.7 RC Resort Commercial District.
A. Height. The maximum height of any building shall be thirty-five (35) feet unless
the depth of front and total width of side yards required herein shall be increased
five (5) feet for each ten (10) feet, or fraction thereof, of building height in excess
of thirty-five (35) feet.
B. Front yard setback. Buildings erected in the resort commercial district shall
provide a ten -foot open space. Such open space shall be measured from the front
building line of the building to the street side of the curbline.
C. Minimum side yard. Buildings erected in this zone shall provide a minimum side
yard of five (5) feet.
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• D. Minimum side yard for corner lots. Comer lots shall have a side yard of ten (10)
feet.
E. Minimum rear yard. There shall be no minimum requirement of rear yards.
F. Side Yards and rear Yards for Nonresidential Structures. The minimum side and
rear yards for nonresidential structures for uses abutting a lot zoned for residential
purposes shall be twenty (20) feet.
G. Building site area. The minimum building site area shall be one (1) lot five
thousand (5,000) square feet in area. Such lots shall have an average width of at
least forty (40) feet. Where a lot has an area of less than the above -required
minimum area and width and was of record at the time of passage of this
ordinance, said lot may be occupied by one (1) structure, provided, however, that
the minimum side and front yard requirements set out in this ordinance are
conformed to. The minimum building site area for each two-family multiple -
dwelling building shall be six thousand (6,000) square feet; the minimum building
site area for each three-family multiple -dwelling building shall be eight thousand
(8,000) square feet; and the minimum building site area for each four -family
multiple -dwelling building shall be ten thousand (10,000) square feet. Any
multiple -dwelling building in excess of four (4) families shall comply with the
group housing ordinance
• Section 7.8 GB General Business Zone.
•
A. Height. The maximum height of any building shall be thirty-five (35) feet unless
the depth of front and total width of side yards required herein shall be increased
five (5) feet for each ten (10) feet, or fraction thereof, of building height in excess
of thirty-five (35) feet.
B. Front yard setback. Buildings erected in the general business zone shall provide a
ten -foot open space. Such open space shall be measured from the front building
line of the building to the street side of the curbline or proposed line if no curbline
is established.
C. Minimum side yard. Buildings erected in this zone shall provide a minimum side
yard of ten (10) feet.
D. Minimum side yard for corner lots. Corner lots shall have a minimum side yard of
twenty (20) feet.
E. Minimum rear yard. Buildings erected in this zone shall provide a minimum rear
yard of ten (10) feet.
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• F. Side Yards and Rear Yards for Nonresidential Structures. The minimum side and
rear yards for nonresidential structures for uses abutting a lot zoned for residential
purposes shall be twenty (20) feet.
G. Building site area. The minimum building site area shall be one (1) lot five
thousand (5,000) square feet in area. Such lots shall have an average width of at
least forty (40) feet. Where a lot has an area of less than the above -required
minimum area and width and was of record at the time of passage of this
ordinance, said lot may be occupied by one (1) structure, provided, however, that
the minimum side and front yard requirements set out in this section are
conformed to. The minimum building site area for each two-family multiple -
dwelling building shall be six thousand (6,000) square feet; the minimum building
site area for each three-family multiple -dwelling building shall be eight thousand
(8,000) square feet; and the minimum building site area for each four -family
multiple -dwelling building shall be ten thousand (10,000) square feet. Any
multiple -dwelling building in excess of four (4) families shall comply with the
group housing ordinance.
Section 7.9 RS Recreational Sound District
A. Front setback (Shall be the landward side). There shall be no front setback
requirement for this district.
• B. Side setback. There shall be a side setback requirement as set forth by the Coastal
Area Management Act (CAMA).
C. Rear setback. There shall be a rear setback requirement as set forth by the Coastal
Area Management Act (CAMA).
•
D. Applicability. All of the canals, creeks, ponds, waterways, channels, sounds and
other bodies of water within the municipal limits of the Town of Atlantic Beach
and the extraterritorial jurisdiction of the Town of Atlantic Beach to include all
islands not presently zoned, as located on the north side of Highway 58 and
extending from Pine Knoll Shores to Fort Macon State Park are hereby zoned and
classified as RS recreational sound district.
E. Height limitations. Roofs, canopies, shelters, framing and similar elevated
structures or similar appurtenances are specifically prohibited. The decks of docks
and piers shall not be constructed higher than five (5) feet above mean high tide
level at the proposed construction site as determined by the town zoning
administrator. In the event applicant contests accuracy or location of high tide
level, then applicant shall be required to secure a survey from a registered
surveyor or engineer locating mean high tide and an elevation five (5) feet above
mean high tide using the 1929 North American Vertical Datum for reference.
117

• Section 7.10 C2 Conservation Zone
See individual uses.
•
•
118

• Article VIII OFF-STREET PARKING AND LOADING
Section 8.1 Off -Street Parking Requirements
There shall be provided at the time of the erection of any building, or at the time any principal
building is enlarged or increased in capacity by adding Dwelling Units, guest rooms, seats, or
floor area; or before conversion from one type of use or occupancy to another, permanent
off-street parking space in the amount specified by this Section. Such parking space may be
provided in a parking garage or properly graded all-weather surface open space. Off-street
parking shall not be required in the RC District for lots which are adjacent to paved and marked
parking spaces provided by the Town of Atlantic Beach. In the general business district along
the Atlantic Beach Causeway from the base of the Bogue Sound Bridge southward to the traffic
light at the intersection with Fort Macon Road, in those areas where, and for as long as, state
maintained parking is provided and is accessible to businesses without crossing city streets or
state highways, the number of parking spaces required for each use in this off-street parking
ordinance is reduced by one half; provided further that parking spaces within the right-of-way of
the Atlantic Beach Causeway shall not be counted or used to satisfy the number of off street
parking spaces required by this ordinance. See subsection 125 for restrictions on parking
facilities associated with Adult Oriented Business.
A. Certification of Minimum Parking Requirements
• Each application for a Zoning Compliance Certificate submitted to the Zoning
Administrator as provided for in this Ordinance shall include information as to the
location and dimensions of off-street parking and the means of entrance and exit to such
space. This information shall be in sufficient detail to enable the Zoning Administrator to
determine whether or not the requirements of this Section are met.
B. Definition of a Parking Space
The storage space of one (1) automobile. The size of a parking space shall be in
accordance with geometric design principles for the type space and lot. (See Table I,
Geometric Design Standards).
C. Minimum Off -Street Parking Requirements
The following off-street Parking Space shall be required:
Classification
Residential:
•
119
Off -Street Parking Requirement
(Any fractional space e.g., 47.3 shall be
considered the next whole number, e.g.,48

• Classification I Off -Street Parking Requirement
Housing Designed for and
used by the elderly
Incidental Home
Occupations
Congregate Care
Residential Dwellings
a. Single Family
b. Two family
c. Tri-plex
d. Condominium
Commercial:
Auto service station and
/or repair shops
Auto sales
Bank and consumer financial
services
Barber shop and other
personal services
employee
Beauty shops
Car washes, attended
Services
Delivery, ambulance and
other similar services
•
120
1 space per 2 Dwelling Units
1 space per 100 sq. ft. of floor space
devoted to the home occupation in
addition to the residential requirement
1 space per two beds
2 per Dwelling Unit
2 per Dwelling Unit
2 per Dwelling Unit or floor space in sq.
ft. divided by 440, whichever is greater
2 per Dwelling Unit
3 spaces per service bay, plus
1 space per wrecker or service vehicle
2 for each pump
3 spaces plus 1 space per 400 square feet
of building area devoted to sales
1 space per 200 square feet of
gross floor area
2 spaces per operator plus 1 each
3 spaces per operator plus 1 each
employee
1 space per 1 employees
1 space per vehicle, plus I
space for each 2 employees

• Classification
Drive -through service such
as banks, drive through
restaurants, automobile service
stations, dry cleaners, car
washes and similar Uses (in
addition to Use Requirements)
Dry cleaners or laundries
(self-service)
Eating establishments and
nightclubs serving meals
Fire Stations
• Hotel, motel, motor court
and similar Uses
Mobile home sales
Post offices
Retail sales except those
listed below
Retail sales of bulky items
which require large amounts of floor
space to the number of items offered
for sale such as antiques, appliances,
art, bicycles, carpet, floor covering,
furniture, motorcycles, paint,
upholstery and similar uses
•
121
Off -Street Parking Requirement
Stacking for 4 vehicles at each bay,
window or lane
1 space per 4 rental pieces of equipment
5 spaces, plus 1 for every
3 seats
1 space per Person on duty on an
average shift
1 space per unit, plus 2 spaces per
3 employees on a normal shift
5 spaces, plus 1 space per
10,000 square feet of gross land area
1 space per 200 square feet of
public service area, plus 2 spaces per 3
employees on the largest shift
1 space per 500 square feet of
gross floor area
1 space per 300 square feet of
gross floor area

• Classification I Off -Street Parking Requirement
Retail uses dealing primarily
in service and/or repair
Retail Designed shopping centers
Taverns
Wholesale with related retail
u
Office and Institutional:
Bed and Breakfast Inn,
boarding houses
Child care and kindergarten
Churches
•
122
space per 250 square feet of
gross floor area
4 spaces per 1,000 square feet
of gross floor area (optional to
computing parking on a store by store
basis)
1 space each occupant based on the
following formula: The maximum number
of occupants authorized in the building
multiplied by .35 with the resulting
number being the minimum number of
spaces. Additionally, 1 per every 2
employees.
lspace per 3 employees on the
largest shift, plus additional spaces per
square foot of gross floor area devoted to
retail sales as applicable from "retail sales"
schedule above
1 space per 2 rooms for rent
1 space per teacher or staff, plus space
for 1 car dropoff and pickup
1 space per 4 seats in the largest assembly
room

• Classification
General Offices
Hospital, nursing and
convalescent homes
Library, museum and art
galleries
Medical, dental and similar
offices
• Nursing, convalescent homes designed
used primarily for the elderly
Recreation:
Amusements, dance halls,
nightclubs not serving meals
•
123
Off -Street Parking Requirement
pickup or stacking for 1 carper 10
children, whichever is greater
1 space per 200 square feet of
net rentable area (Net rentable area
shall be considered to be 80% of gross
floor area unless otherwise shown by
applicant)
1 space per 1 bed, plus 1 space
per staff doctor and other medical
practitioners
1 space per 300 square feet
7 spaces per doctor or
practitioner
1 space per 3 beds, plus 1
space per staff doctor or practitioner
1 space per 3 persons in designed
capacity, plus 2 spaces per 3 employees
on the largest shift

• Classification
Auditoriums, stadiums,
assembly halls, convention
centers, gymnasiums, fraternal
or social clubs or lodges,
community recreation center
Bowling alleys
Golf Courses
Indoor Commercial recreation
Indoor movie theaters
• Marina
Public swimming pools
Recreation Uses such as
golf driving range, miniature golf,
tennis, similar recreation uses
Recreation facilities such as community
center, swimming pool, tennis courts,
and similar activities when located in
conjunction with a townhouse, condo -
minimum, group housing or homeowner
•
124
Off -Street Parking Requirement
1 space per 3 fixed seats and 1
space per 3 movable seats in the largest
assembly room
4 spaces per lane
25 spaces plus I space for each
175 sq. ft. of gross retail floor
space in the pier house
4 spaces per tee
1 space for each 200 sq. ft. of
floor space plus 1 for each 3
employees
1 space per 3 fixed seats and 1
space per 3 movable seats
See Marina Ordinance
1 space per 100 square feet of
water and deck
1 space per tee, green, court
and/or other method of participation
however styled
1 space per 25 memberships or tenants

D. Combination of Required Parking Spaces
The required parking spaces for and number of separate uses may be combined in one lot or
parking structure, but the required parking spaces assigned to one use may not be assigned to
another use at the same time.
E. Lighting
If parking areas are lighted, the lighting fixtures shall be so installed as to protect the
street and neighboring properties from direct glare or hazardous interference of any kind.
F. Extensions of Commercial off-street parking into residential zones
Necessary customer and employee parking space may extend up to one hundred twenty
(120) feet into a residential zoning district which allows such parking, provided that:
1. The parking spaces adjoin a commercial district;
2. Have as their only access to the residential property the same street or alley as the
property in the commercial district for which they provide the required parking
spaces and have no access from any point within the residential
zone; and
2. Are separated from the adjoining property or streets in the residential district by a
planted buffer strip, or a fence which comp[lies with the town's fence ordinance.
Section 8.2 Parking Lot Improvement. Design and Locational Requirements
All off-street parking lots including exits, entrances, drives and parking areas shall:
Be designed to allow for traffic movement in accordance with the geometric
design principles of table 1;
2. Have physical access to a public street;
3. Be so designed that all access to public street is by forward motion;
4. Be graded, properly drained, stabilized and maintained to prevent dust and
erosion;
5. Be continuously provided and maintained as long as the use which they serve
exists.
All impervious parking areas with five (5) or more spaces shall drain towards a rock -filled ditch.
The ditch shall be constructed as follows:
The ditch shall contain a minimum of two and five -tenths (2.5) cubic feet for each
125

LJ
•
square yard of parking area.
2. The ditch shall be filled with No. 57 rock or similar materials as approved by the
Zoning Administrator.
Section 8.3 Parking Lot Landscapine
In any Zoning District where parking spaces for twenty-five (25) cars are required or provided
for a use or uses on a site, the parking lot shall be landscaped with canopy trees as required by
this Section at the rate shown below. This requirement shall be initiated by the initial use or
development of the property. In addition, in any case where ten (10) parking spaces are added,
whether required or not, the entire parking lot including existing parking areas shall be
landscaped if the total on the site then equals twenty-five (25) or more.
Canopy trees shall be provided at a rate of one canopy tree for each twelve (12) spaces. After the
first two trees, any fractional remaining number of spaces over six (6) shall require one (1)
additional tree. Required canopy trees shall be distributed throughout the parking area and shall
be located within or adjacent to parking lots as tree islands, at the end of parking bays, inside
medians or between rows of parking spaces. Canopy trees must be a minimum of eight (8) feet
high and two (2) inches in diameter, measured six (6) inches above grade at planting. Canopy
trees should be of a native, salt resistant variety.
Section 8.4 Off -Street Loading Requirements
Every structure or building used for trade, business or industry hereafter erected, except in the
RC District, shall provide space as indicated herein for the loading, unloading and maneuvering
space of delivery vehicles off the street or public alley. Such space shall have access to a public
alley, private driveway, or if such cannot reasonably be provided, to a public street. For the
purpose of this Section an off-street loading space (exclusive of adequate access drives and
maneuvering space) shall have a minimum dimensions of twelve (12) feet by sixty (60) feet and
an overhead clearance of fourteen (15) feet in height above the alley or street grade.
Retail Business
Wholesale and Industries
Office and Institutions
eauired Off -Street Loadine SDac
1 space for each 5,000 square
feet of gross floor area or fraction thereof
1 space for each 20,000 square
feet of gross floor area or fraction thereof
1 space for each 10,000 square
feet of gross floor area or fraction thereof
126

Table 1.
Geometric Design Standards for Parking
•
•
11
•
a
b
C
d
e
f
Centerline to
Centerline
Parking
Stall
Stall
Aisle
Curb
Width of Two
Row Bin with
Angle
Width
Depth
Width
Length
Access Aisle
Between them
to Curb
Curb to Curb
Striping Centerlines
(degrees)
feet
feet
feet
feet
feet
feet
9.0
9.0
12.0
23.0
30.0
-
0
9.5
9.5
12.0
23.0
31.0
-
10.0
10.0
12.0
23.0
32.0
-
9.0
17.3
11.0
18.0
45.6
37.8
30
9.5
17.8
11.0
19.0
46.6
38.4
10.0
18.2
11.0
20.0
47.4
38.7
9.0
19.8
13.0
12.7
52.6
46.2
45
9.5
20.1
13.0
13.4
53.2
46.5
10.0
20.5
13.0
14.1
54.0
46.9
9.0
21.0
18.0
10.4
60.0
55.5
60
9.5
21.2
18.0
11.0
61.4
55.6
10.0
21.2
18.0
11.5
61.0
58.0
9.0
19.0
25.0
8.5
63.0
-
90
9.5
19.0
24.0
9.5
62.0
10.0
19.0
24.0
10.0
62.0
-
N
CIBENCi41 XWMVEDN6
Drawn bynic Scptcmbcr15.I997

• ARTICLE IX. SIGNS
Section 9.1 General Provisions
The following general provisions shall apply to signs within the jurisdiction of this Ordinance.
Section 9.2 In General
The regulations in this Article specify the number, types, sizes, heights, and locations of signs
which are permitted within the jurisdiction of this Ordinance. It shall be unlawful for any person
to erect, place, alter or maintain a sign in the jurisdiction of this Ordinance except in accordance
with the provisions of this Article.
Section 9.3 Determination of Sign Copy Area
In measuring the copy area of a sign permitted under this Article, the entire face of the sign shall
be included. Where both sides of a double-faced sign contain lettering or other allowable
display, one side only shall be used to compute the allowable copy area of the sign. Where the
sign consists of individual letters, numbers, characters, figures or displays attached in some
manner to a building or a sign face of irregular shape, the sign copy area shall include the area of
the smallest circle, square or rectangle that can encompass the total sign area composed of
letters, numbers, characters, figures or displays or the irregular shaped sign face. Where signs
• have appendages or additions, such as "pop -ups" or 'cutouts" that extend beyond the main sign
copy area, the area of such appendages or additions shall be measured separately, but included in
the total sign copy area. Also to be included in the total sign copy area shall be any area
designed for changeable copy. Where allowed, portable signs shall be counted toward permitted
maximum total aggregate sign copy area and maximum number of freestanding signs on each
public street.
Section 9.4 Determination of Sign Height
The height of a sign shall be the distance from the grade level of the street to the top of the sign
or sign structure, whichever is greater. The height of all signs farther than 30 feet from a street
right-of-way line shall be the distance from the grade level where the sign is erected to the top of
the sign or sign structure, whichever is greater.
Section 9.5 Determination of Sign Setback;
In determining setback, measurement shall be made from the nearest street right-of-way line.
Section 9.6 Protection Under First Amendment Rights
Any sign, display or device allowed under this Article may contain, in lieu of any other copy,
any otherwise lawful noncommercial message which does not direct attention to a business
• operated for profit, or to a commodity or service for sale; provided that such sign complies with
127

• the size, lighting, spacing, setback and other requirements of this Article. This includes signs
requiring and not requiring a Zoning Compliance Certificate.
Section 9.7 Changeable Copy
Unless otherwise specified by this Article, any sign herein allowed may use manual, or
electrically or mechanically activated changeable copy.
Section 9.8 Illuminated Signs
Signs which are illuminated from within or from an external source must be illuminated in a
manner which avoids glare or reflection which in any way or manner interferes with traffic
safety. Any external source of illumination, such as spotlights or floodlights shall be placed so
that the source is not directly visible from any adjacent residential zoning districts.
Section 9.9 Zoning Compliance Certificate Required
With the exception of those signs specifically exempt from requiring a certificate, it shall be
unlawful for any person to print, paint, stand, stain, engrave, construct, place, erect, illuminate,
attach, suspend, enlarge, move, relocate, replace or otherwise put into use or materially alter any
sign or cause the same to be done, without first obtaining a zoning compliance certificate for
such sign from the Zoning Administrator.
• Notwithstanding the above, changing or replacing the permanent copy of an existing lawful sign
shall not require a permit, provided the copy change does not change the nature of the sign such
as to render the sign in violation of this Ordinance.
Section 9.10 Construction Standards
All signs shall be constructed according to the requirements of Chapter 23 of the State Building
Code, as amended.
Section 9.11 Maintenance Required
Every sign and its support, braces, guys, anchors, and electrical equipment shall be maintained in
safe condition at all times. All signs shall be kept in a state of good repair and aesthetic
condition, free from defective, rusting, or missing parts (i.e. broken sign facing, broken
supports, loose appendages or struts, disfigured, cracked, ripped or peeling paint or poster paper)
or missing letters or numbers and shall be able to withstand the wind pressure as prescribed in
the North Carolina Building Code. Illuminated signs shall not be allowed to operate with only
partial illumination. The area within ten feet in all directions of the base of a freestanding sign
shall be kept clear of debris and undergrowth.
Signs that are structurally unsafe and thereby endanger the public safety shall be removed unless
they are repaired and made to comply with the requirements of Chapter 23 of the State Building
• Code, as amended.
128

• The message of a sign face may be changed at any time.
Section 9.12 Dangerous or unsafe signs.
If the Zoning Administrator shall find that any sign is dangerous or is menace to the public, he
shall give written notice of such violations to the owner of the sign, or by leaving said notice
with the manager or other person who is apparently in charge of the premises or by affixing a
copy of the notice to the sign, sign structure or building for a period of five (5) days. The notice
shall set forth the nature of the violation and order the violator to repair the sign in such a manner
to be approved by the Zoning Administrator in conformance with the provisions of this Article or
remove the sign forthwith in the case of imminent instability or immediate danger of falling, and
in any case within ten (10) days of receipt.
If within ten (10) days the notice is not complied with, the Zoning Administrator shall have the
authority to remove the sign at the recipient's expense and to destroy or otherwise dispose of
same.
In cases of emergency, the Zoning Administrator may cause the immediate removal of a
dangerous or unsafe sign without notice.
Section 9.13 Removal of Discontinued Signs
• If a sign advertises a business, service, commodity, accommodation, attraction or other enterprise
or activity that is no longer operating or being offered or conducted, that sign and sign structure
including, but not limited to, the supporting braces, anchors or similar components shall be
considered discontinued regardless of reason or intent and shall, within one (1) year after such
discontinuation, be removed by the owner of the property where the sign is located. This Section
shall not be construed to prevent the changing of the message of a sign.
Section 9.14 Removal & Disposal of Signs in Right -of -Way
The Zoning Administrator shall possess the authority to remove and destroy or otherwise dispose
of any sign unlawfully placed within the right-of-way of any street.
Section 9.15 Signs Expressly Prohibited
The following signs, components and characteristics are expressly prohibited within all zoning
districts.
A. Simulated Public Safety, Warning or Traffic Signs
Signs by their location, color, illumination, size, shape, nature, message or
appearance tend to obstruct the view of or be confused with official traffic,
safety or warning signs or lights or other devices erected by governmental
• agencies. This prohibition includes signs having no bonafide safety
necessity, involving the terms "CAUTION", "DANGER", "SLOW",
129

"STOP" OR "YIELD", or which utilize geometric figures, symbols, lights,
location or message not unlike official traffic, safety or warning signs,
signals or lights. Provided, however, this provision is not intended to
prevent the placement on private property of signs with "stop", "yield" or
other such wording or design where such is necessary for traffic control or
other such legitimate notice to the public.
B. Snipe Signs
Signs placed upon or attached to any curb, sidewalk, utility pole, post,
fence, hydrant, bridge, another sign or other surface, public bench, street
light, or any tree, rock or other natural object located on, over or across
any public street or public property. Provided, however, this provision
shall not apply to the posting of public interest, security and warning signs
nor to street signs placed upon poles by governmental units for
designating the names of streets.
C. Flashing Signs
Signs or devices with flashing, intermittent, animated or changing
intensity of illumination. Provided, however, traffic signals, railroad
• crossing signals and other official warning or regulatory signs and
electronically controlled message centers or reader boards where different
copy changes, involving alphabetical or numerical characters only, present
messages of a public service or commercial nature shall not be considered
flashing signs.
D. Motion Signs
Signs or devices designed to attract attention, all or any part of which use
movement or apparent movement by fluttering, revolving, rotating,
spinning, swinging, animation or moving in some other manner and are set
in motion by movement of water or the atmosphere or by mechanical,
electrical or any other means. This shall not apply to authorized
temporary signs.
E. Signs Below Minimum Clearance
Signs, marquees, canopies and awnings with vertical clearance of less than
eight (8) feet above sidewalks and pedestrian areas and less than fourteen
(14) feet above parking or vehicular passage areas.
F. Vehicle Signs
is
130

• Signs placed upon, painted on, attached to or displayed on parked vehicles
or trailers, where the primary purpose of the vehicle or trailer is to
advertise a product or business or to direct people to a business or activity.
G. Signs Obstructing Motorist Visibility
Signs that substantially interfere with the view necessary for motorists to
proceed safely through intersections or to enter onto or exit from public
streets or private roads or driveways or that obstruct the motorists view of
approaching, merging or intersecting traffic including, but not limited to,
signs in excess of three (3) feet in sight visibility triangles.
H. Signs in Rights -of -Way
Any sign erected in or over any public right-of-way except for major
special event signs by special permit; and governmental signs.
I. Signs Emitting Glare
Signs with light sources or reflectivity of such brightness that result in
glare, blinding or any other such adverse effect on motorist vision or into
• or upon any residential building not related to the signs; or which interfere
with the effectiveness of, or obscures an official traffic sign, device or
signal.
J. Pennants or Streamers; Beads, Prisms
Pennants, streamers or flags consecutively strung together, beads, prisms,
reflective paint except for governmental use.
K. Obscene Signs
Signs containing words or graphics that are obscene, as defined in North
Carolina General Statute 14-190.1.
L. Off -Premises Signs
Except as permitted by Section 9.19A.
M. Projecting Signs
Signs which project from and are supported by a building or other
. structure into the public right-of-way only when such projection is greater
than twelve (12) inches.
131

• N. Roof Signs (Above Roof Line)
Signs erected in whole or in part on, upon or over the roof or parapet of a
building or structure and which is wholly or partially dependent upon the
roof of the building or structure for support and which projects above the
roof line.
O. Unspecified Temporary Signs
Temporary signs not expressly permitted by this Article.
P. All Other Signs not Specifically Permitted
Other signs not expressly allowed by this Article.
Section 9.16 Signs Permitted Without A Zoning Compliance Certificate
The following signs and devices shall be permitted without the issuance of a Zoning Compliance
Certificate..
A. Public (governmental, utility) Signs
• Signs erected by, on behalf of, or pursuant to the authorization of a governmental
body, including legal notices, identification and informational signs, and traffic
warning, directional or regulatory signs.
Official signs of a non-commercial nature erected by public utilities, including
safety, warning and informational signs.
B. Warning (Health, Safety, Hazard) Signs
Temporary or permanent signs erected by government agencies, public utility
companies or construction companies to wam of danger or hazardous conditions,
including signs indicating the presence of underground cables, gas lines and
similar devices or signs providing directions around such conditions.
C. Signs not legible off -premises
Signs which are not legible from the boundaries of the lot or parcel upon which
they are located, or from any public thoroughfare or right-of-way.
D. Flags (non -advertising) (non -informational)
• Flags except when such are used in connection with a commercial promotion or
as an advertising device or as an integral part of a sign regulated under this
132

• Article; provided such flags are displayed on permanent pole structures. Failure
to display such flags in a manner which meets Congressional protocol will be a
violation of this Ordinance.
Plain flags with no advertising or information provided such flags are displayed
on permanent pole structures and are properly maintained. Proper maintenance
shall not permit flags which are tom, ripped, frayed, separated from their
grommets or incompletely affixed to their pole structures.
All flags used in connection with a commercial promotion as an advertising
device or as an integral part of a commercial sign must comply with the
regulations of this Article for area, height, number and location.
E. Incidental Object or Product Signs
Small decals consolidated and affixed to window or door panes, such as
indicating membership in a business group or credit cards accepted at the
establishment.
Any sign, painted or affixed to an object or product, where the sign is clearly
incidental and accessory to the primary use and purpose of the object or product
including, but not limited to, product dispensers and point of purchase displays for
• newspapers, soft drinks, gasoline, ice, telephone, ATM or similar items which
indicate the contents of the machine, the name or logo of the supplier, the price
and/or operating instructions.
F. Signs required by law
Legal notices and signs required by law, statute or ordinance.
G. Transportation facilities signs
Informational signs indicating bus stops, taxi stands, train stations and similar
transportation facilities.
H. Campaign signs at polling places
Political signs displayed at polling places provided they are displayed in
compliance with general law only on the day of the election is held and must be
removed within seventy-two (72) hours of the close of voting.
I. Street numbers
Display of street numbers on residential and non-residential buildings, structures
• and mailboxes.
133

•
•
J. Handicapped Signs
Handicapped signs as required by the Americans With Disabilities Act.
K. Window Signs
Signs placed on or attached to the interior side of a window or door glass of a
building by means of adhesive, paint or manufacturing process intended for
viewing from the exterior of such buildings; or a sign within a building, placed no
more than twelve (12) inches behind the window which is visible through the
window.
L. Temporary Signs
Temporary signs subject to the following limitations:
Twe
Temporary (Grand Opening)
(Special Sale)
Temporary (Going out of
(Business)
Temporary (Special event of
civic or non-profit
organization)
Temporary (Remodeling/Repair)
Temporary (Construction - one
or two family dwelling)
No.
1
1
2
1
1
Temporary (Construction - other 2
than one or two family
dwelling)
Temporary (Construction 2
announcement)
Maximum
Maximum Height if
Copy Area Freestanding
(sq. ft.) (Vert. ft.
32 10
32 10
32 8
4 6
4
6
32
14
32 14
Maximum
Display
Time
Once for 30
days
Once for 30
days
30 days prior
to event
Until work
completed
Until
construction
completed
Until
construction
completed
Until building
permit issued
134

• Temporary (Political)
Temporary On -Premises
(Real estate sale/
lease/rent of one or two
family dwelling or lot)
Temporary Off -Premises
(Real estate sale/
lease/rent of one or two
family dwelling or lot)
Temporary On -Premises
(Real estate sale/
lease/rent of other than
one or two family dwelling
or lot)
Temporary Off -Premises 4
• (Real estate sale/
lease/rent of other than
one or two family dwelling
or lot)
32 14 60 days prior
to election
Until sale closed
or rent/lease
transaction
finalized
4 Until sale closed
or rent/lease
transaction
finalized
32 12 Until sale closed
or rent/lease
transaction
finalized
6 Until sale closed
or rent/lease
transaction
finalized
Temporary (Non-residential) 2 32 10 45 days in any
(ie. commercial, industrial) consecutive 90 day
period
Temporary signs which do not meet the provisions of this Subsection shall be considered in
violation of the Ordinance. Only Temporary (political), Temporary (real estate), and Temporary
(special event of a civic or non-profit organization) signs shall be permitted off -premises. No
temporary sign shall be illuminated. Temporary signs shall be removed within five (5) days
from the date the purpose for such sign ceased to exist.
is Type
M. Miscellaneous Signs
Miscellaneous signs subject to the following limitations:
No.
135
Maximum
Copy Area
(sq. ft.)
Maximum
Height if
Freestanding
vert. ft.

•
Public Interest, Security Warning (No (No trespassing,
soliciting, hunting or
fishing/posted/private
parking/danger/warning)
Open/Closed/Hours 2
Permanent Professional or 1
Business Announcement (Wall)
Building Memorial (Wall) 1
Philosophical, Religious, 2
Educational or other
Non -Commercial
Occupant/Address
(Ground or Wall)
Private Drive
Informational/Instructional
(Traffic directions,
restrictions or arrows,
entrance, exit, location of
restrooms, public telephones,
parcel pick-up, freight or
service entrances, parking/
loading areas and the like)
Movable non-residential
(ie. commercial)
2
1
FA
1
2
2
2
2
2
2
10
16
4
r,
4
6
6
4
3
Miscellaneous signs which do not meet the provisions of this Section shall be considered
in violation of the Ordinance. Only Private Drive signs shall be permitted off -premises.
No miscellaneous signs shall be illuminated.
Section 9.17 Signs Permitted with a Zoning Compliance Certificate in All Zoning
Districts
The following signs are permitted in all zoning districts upon issuance of a Zoning Compliance
Certificate provided that stated specific requirements, conditions and stipulations are met:
136

• A. All signs permitted without a Zoning Compliance Certificate and signs
permitted by special permit.
B. On -premises signs identifying a single-family residential subdivision;
apartment, townhouse, condominium or other multi -family residential
complex; recreational facility or manufactured home park not exceeding
thirty-two (32) square feet in area. There shall be a limit of one (1)
double-faced sign or two (2) single -faced signs for each road or driveway
entrance to the development named on the sign. Such signs shall be
limited to the name and the address of the premises and the on -site address
and phone number of the resident agent and may be directly or indirectly
illuminated. In addition one (1) identifying sign for an accessory
management or rental office not exceeding six (6) square feet shall be
permitted.
C. One (1) on -premises identification sign or bulletin board for each road or
driveway entrance indicating the name and/or address of the premises,
schedule of services or activities, hours of operation, name of person(s) in
authority, founding date of the organization or other information relevant
to the operation of a school, college, park, public swimming pool, church,
synagogue or other place of worship, hospital, sanitarium, art gallery,
museum, library, YMCA, YWCA, community building, recreation center,
• coliseum or convention center, not to exceed thirty-two (32) square feet in
area to be located on private property where the use occurs. Such signs
may be directly or indirectly illuminated.
D. Signs not exceeding thirty-two (32) square feet in area advertising the sale
of subdivision lots, not more than one (1) sign to be located on private
property at each major approach to the subdivision; provided that the
display of such signs shall be limited to a six-month period or until
seventy-five percent (75%) of the lots are sold, whichever comes first, and
may not be illuminated.
E. One (1) on -premises ground or wall sign not exceeding thirty-two (32)
square feet in area for a legal non -conforming use in a residential zoning
district in which it is located. Illumination of such signs shall be permitted
only between sunrise and 10:00 pm.
F. On -premises signs identifying private country clubs, golf courses,
swimming/tennis clubs, equestrian centers, lakes, cemeteries and similar
facilities operated on a profit or non-profit basis not exceeding thirty-two
(32) square feet in copy area. There shall be a limit of one (1)
double-faced sign or two (2) single -faced signs for each road or driveway
entrance to the facility. Such signs shall be limited to the name, address,
• founding date and hours of operation and may be directly or indirectly
illuminated.
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•
•
G. One (1) on -premises identification sign for a convalescent home, nursing
home, home for the care of children, medical clinic or dental clinic not
exceeding twenty (20) square feet in copy area. Such sign shall be limited
to the name and address of the home or clinic and may be directly or
indirectly illuminated.
H. Signs which denote religious, charitable, fraternal, military or service
organizations may be freestanding and may be located off -site, provided,
however, that no one (1) individually chartered organization may have
more than one (1) off -premises sign which shall not be illuminated. A
sign denoting a single chartered organization shall not exceed four (4)
square feet in area. A number of such signs may be placed on one
structure, provided, however, the copy area of each individual sign does
not exceed three (3) square feet in copy area and the structure does not
exceed thirty-two (32) square feet in copy area.
All freestanding signs permitted by this Section in all zoning districts shall have a
maximum height limit of eight (8) feet and shall have a minimum setback of five
(5) feet from any public right-of-way.
Section 9.18 Signs for Permitted Non -Residential Uses Permitted in Residential
Districts
Signs for permitted non-residential uses in residential districts, other than those permitted with a
zoning compliance certificate in all districts under the provisions of Section 9.17, shall be
permitted under the provisions of the most restrictive non-residential district in which the uses
are permitted except that sign copy area may not exceed 75% of the maximum size allowed.
Section 9.19 Signs Permitted in Certain Additional Zoning Districts
The following types of permanent advertising signs are permitted, upon issuance of a zoning
compliance certificate in the zoning districts indicated subject to the conditions and limitations
indicated. Except for ground signs, such signs shall by limited to advertising goods and services
offered on the premises of the sign.
A. Ground Sign
1) Permitted Districts RA-3, RR, RC and GB.
2) Maximum Copy Area— One hundred and eighty (180) square feet on each
site.
3) Maximum Height — Twenty-one (21) feet.
4) Maximum Width - Twenty-two (22) feet.
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• 5) Setback — Ten (10) feet from any public street or property line not a part
of the development.
6) Number — Not more than one (1) ground sign shall be allowed for a
shopping center or other development complex. Individual businesses
shall be allowed one (1) ground sign where the business is located.
B. Hanein Sien
1) Permitted Districts — RA-3, RR, RC and GB.
2) Maximum Copy Area — Two (2) square feet per side.
3) Maximum Height — Ten (10) feet above ground level but at least seven (7)
feet above ground level.
4) Maximum Width — Three (3) feet.
5) Setback — One (1) foot from any public street or property line not a part of
the development.
6) Number—One(1) per business.
• C. Projecting Sim
1) Permitted Districts — RA-3, RR, RC and GB.
2) Maximum Copy Area — Two (2) square feet per side.
3) Maximum Height — Ten (10) feet above ground level but at least seven (7)
feet above ground level.
4) Maximum Width — Three (3) feet.
5) Setback — One (1) foot from any public street or property line not a part of
the development.
6) Number — One (1) per business, mounted at a right angle to the building
surface to which it is attached.
D. Roof SiPn
1) Permitted Districts — RA-3, RR, RC and GB.
. 2) Maximum Copy Area — Two (2) square feet for each linear foot of
building wall facing a street, beach or waterway.
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•
3) Maximum Height — A roof sign shall not project above the highest part of
the structure on which it is mounted.
4) Maximum Width — A roof sign shall not project horizontally beyond the
ends of the structure on which it is mounted or beyond the narrowest
portion of the roof.
5) Setback — N/A
6) Number—One(1) per building.
E. Wall Si
1) Permitted Districts — RA-3, RR, RC and GB.
2) Maximum Copy Area — Two (2) square feet for each square feet of
building wall facing a public street, beach or waterway.
3) Maximum Height — A wall sign shall not extend above the highest part of
the building upon which it is located.
4) Maximum Width — A wall sign shall not extend horizontally beyond the
ends of the structure on which it is mounted.
5) Setback —N/A
6) Number —No limitation.
F. Window Sign
1) Permitted Districts — RA-3, RR, RC and GB.
2) Maximum Copy Area — No limitation.
3) Maximum Height — No limitation.
4) Maximum Width — No limitation.
5) Setback —N/A
6) Number —No limitation.
Section 9.20 Signs Permitted By Special Permit
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• The following signs are permitted only by special permit issued by the Town Council and shall
conform to all stated regulations and to all conditions and requirements imposed by the Council
in issuing the special permit.
n
U
•
A. Festival and Major Special Event Signs
For the purpose of giving directions and information, temporary on -premises and
off -premises signs pertaining to festivals and other major special events are
permitted with approval by the Town Council subject to a special permit
specifying size, location, lighting, design, display and duration. The number of
signs shall be set by the Council.
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•
0
Article X. Bufferyards
Section 10.1 General
The following buffer treatment shall be provided as set forth in this Article or as may otherwise
be required for a use or situation as required by this Ordinance.
Section 10.2 Screening Requirements
Any non-residential use located on property abutting any RA-1, RA-1.5, RA-1M, and RA-2
Residential District, unless separated by a public street or water course shall provide a screening
device as described below. Such screening device shall be provided along the full length of any
common property line and shall be maintained as long as the conditions requiring the original
installation exists, even if active operations cease.
The requirement for the installation of a screening device shall be initiated by the occurrence of
any one or more of the following activities on the non-residential property;
1) The initial use, development or occupancy of the non-residential property;
2) Any change in use or occupancy on the non-residential property which
results from a change in the zoning classification of the non-residential
property; and/or
3) Any building expansion that increases the floor area of the non-residential
use or any addition of parking that provides ten (10) or more spaces,
whether required or not.
The screening device shall be provided by the non-residential use even if the abutting
residentially zoned land is vacant.
Screening Device. A screen that is at least ninety (90) percent opaque from the ground to
a height of at least six (6) feet. The screen is intended to block visual contact between
uses and to create a strong impression of special separation. The screen may be
composed of a wall, fence, landscaped earth berm, planted vegetation, or existing
vegetation. Compliance of planted vegetative screens or natural vegetation will be
judged on the basis of the average mature height and density of foliage of the subject
species, or field observation of existing vegetation. In any case where vegetation, either
existing or proposed, is to be used as the required screening device, if the vegetation is to
be less than ten (10) feet in width (thickness), a fence, wall or similar device at least fifty
(50) percent opaque and six (6) feet in height shall be used in combination with the
vegetation. In all cases, the screen must be at least ninety (90) percent opaque in all
seasons of the year. Planted vegetation must be a minimum of four (4) feet high and one
(1) inch in caliper, measured six (6) inches above grade, when planted. Existing
vegetation must be equivalent. In no case shall the screening device required by this
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. Section interfere with visibility at intersections as set forth in Section 3,15 or with
visibility at entrances and exits at public streets.
•
S Atlanticbeachsection6-2-thru 10-2
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• ARTICLE XI SPECIAL ENVIRONMENTAL PROVISIONS.
Section 11.1 Land Protection Standards.
No land disturbing activity shall be commenced within the jurisdiction of this Ordinance except
in conformance with the requirements of this section and in accordance with a valid pen -nit
issued by the Zoning Administrator for such activity.
A. Prohibition of damage to sand dunes.
It shall be unlawful for any person, firm or corporation in any manner to substantially damage,
destroy or remove any sand dune or part thereof, or vegetation thereon within the jurisdiction ,
unless such action is authorized by this section.
B. Exemptions.
Exempted from this section is the removal of sand from beaches or dunes in such amounts as
may be carved easily upon the person. Also exempted from this section is the clearing of
underbrush, noxious weeds, vines and briars, and small saplings or trees with a trunk diameter of
less than three (3) inches as measured from twelve (12) inches above the ground surface, or the
normal pruning or maintenance of shrubs and trees. In addition, the removal of trees or parts
isthereof that are dead or dying from natural causes as determined by the administrator, or the
removal of trees or parts thereof that are substantially damaged from natural causes such as
storms, lightning, etc., as determined by the zoning administrator, shall also be exempt from this
section. However, this exemption shall not apply to trees that have been specifically planted to
restore trees that were illegally cut or removed, or to trees that were specifically planted to
mitigate the loss of trees that were legally permitted to be cut and removed under the terms of the
maritime forest area overlay district nor shall it apply to sea oats or other naturally occurring
species of grasses.
C. General permitting standards.
Permits to alter, damage, destroy, or remove any sand dune, or any part thereof, or any part of
the vegetation thereon, may be obtained from the zoning administrator subject to the following
conditions:
1) Sand dunes, dune structures and other prominent and distinctive landforms
may not be diminished or weakened as to their function as a protective
barrier to the destructive effects of wind and water in the event of a storm.
No permit shall be granted that results in an overall reduction of the
protective qualities that the subject landforms provide.
2) No disturbance of a site shall be done prior to the issuance of a permit except
• for the most minimal of walk-through type passages.
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• 3) Prior to seeking other required permits, the permit required by this section shall
have been finally approved and issued.
4) Construction on each lot of a subdivision requires a separate permit under this
section.
5) The lowering of any sand dune elevations or removal of sand dunes shall
generally not be allowed. Exceptions to this rule may include the leveling of the
extreme peaks of certain high dunes to facilitate allowable development, or the
limited movement of certain dunes to alternative locations onsite; however, in no
case may the ultimate lowering of the average elevation of an individual sand
dune or dune ridge system on a construction -site be allowed. Reconstruction or
re-establishment of sand dunes proposed to be modified or moved may be
permitted if the re -constructed dune(s) meets or exceeds the size mass, and
protective qualities of the original dune(s). The infrlling of low areas between
dunes may be permitted under certain circumstances that may be necessary to
accommodate an approved development proposal.
Section11.2 Sand Fence Standards.
No sand fence shall be created on the public trust beach except in conformance with this section.
• A. Permits Required.
is
1) No sand fence shall be erected on the beach without a permit issued by the zoning
administrator.
2) The applicant shall submit an application to the zoning administrator which shall
detail the sand fence, and describe the location and construction method for the sand
fence. If the zoning administrator determines that the sand fence as proposed is
consistent with this ordinance, he shall issue a permit for the installation of the fence.
3) In cases the zoning administrator determines it appropriate, i.e. after storms have
caused excessive beach erosion, or after a beach re -nourishment project, he may
issue a blanket project permit for a defined time period without the need for
individual applications, for sand fences that otherwise comply with this section.
B. Placement and other criteria.
1) No sand fence may extend seaward of an escarpment, front toe of the most seaward
dune or first line of stable vegetation. In determining this limit, the zoning
administrator is to use definitions, rules, regulations, and practices under The Coastal
Area Management Act ("CAMA'). However, after a storm event that destroys
existing dunes, or after a beach nourishment project sponsored by the federal, state or
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• local government, the zoning administrator may permit sand fences to be erected
landward of a line running parallel to the ocean one-half (1/2) the distance between the
then current non -storm high water line, and the official CAMA line.
2) All sand fences must be installed either perpendicular to the non -storm high water line
of the ocean or within forty-five (45) degrees of perpendicular.
3) Sand fences shall be spaced at least ten (10) feet from each other.
4) Passages through an array of sand fences should be obvious and visible and not less than
twenty-five (25) feet wide.
5) Sand fences must be arranged such that passage across the beach and through a sand
fence array will require no more than a twenty (20) foot deviation from a straight line.
6) No sand fences will be permitted within a seaward extension of public beach access
areas and street ends.
7) No sand fences shall be approved or erected which, in the opinion of the zoning
administrator, will unreasonably impede the passage of sea turtles between the waters
of the Atlantic Ocean and nesting sites.
• 8) No sand fence shall be approved or erected which, in the opinion of the zoning
administrator, will impede emergency vehicles providing rescue or other emergency
services on the beach.
•
9) No sand fence shall be approved or erected which, in the opinion of the zoning
administrator, will unreasonably impede access of pedestrians to the waters of the
Atlantic Ocean.
10) Permits will be granted only to property owners for installations of sand fences within a
seaward extension of said property owner's boundary line.
C. No structures other than sand fences.
No structures other than a sand fence for which a permit has been issued under this section shall
be permitted on the beach. Temporary recreational facilities erected by or with the approval of
the town shall not be deemed structures, nor shall temporary lifeguard stands and similar items.
146

• Article XII- NON -CONFORMING SITUATIONS
The purpose of this Article is to avoid undue hardship by permitting the continued use of any
building, structure, or property that was lawful at the time of the enactment of this Ordinance or
any applicable amendment thereof even though such use, structure or property does not conform
with the provisions of this Ordinance. However, this Article is also established to require that
non- conforming situations be terminated under certain circumstances.
Section 12.1 Continuation of Non -conforming Situations
Non -conforming situations that were otherwise lawful on the effective date of this Ordinance
may be continued, subject to the restrictions and qualifications set forth in Sections 12.2 through
12.9 of this Article.
Section 12.2 Non -conforming Lots of Record
Where the owners of a lot of record at the time of the adoption of this Ordinance or his successor
in title thereto does not own sufficient land to enable him to conform to the area or lot width
requirements of this Ordinance, such lot may be used as a building site provided all other
dimensional requirements are met and provided that the use to be made of the property is not one
to which larger than minimum lot area requirements are called for in the list of Permitted and
Special Uses and the Special Requirements.
• If two (2) or more lots or combination of lots and portions of lots with continuous frontage in
single ownership are of record at the time of passage of this ordinance, and if all or part of the
lots do not meet the requirements for lot width and area as established by this ordinance, the
lands involved shall be considered an undivided parcel for the purpose of this ordinance, and no
portion of said parcel shall be used or occupied which does not meet lot width and area
requirements established by this ordinance, nor shall any division of the parcel be made which
leaves remaining any lot with width or area below the requirements stated in this ordinance.
Section 12.3 Extension or Enlargement of Non -conforming Situations
1. Except as specifically provided in this Section, it shall be unlawful for any person to
engage in any activity that causes an increase in the extent of non -conformity of a
non -conforming situation.
2. Subject to Paragraph 4 of this Section, a non -conforming use may be extended through
any portion of a completed building that, when the use was made non -conforming by this
Ordinance, was manifestly designed or arranged to accommodate such use. However, a
non -conforming use may not be extended to additional buildings or to land outside the
original building.
3. A non -conforming use may not be extended to cover more land than was occupied, or
• manifestly designed and arranged to be occupied, by that use when it became
non -conforming.
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• 4. The volume, intensity, or frequency of use of property where a non -conforming situation
exists may be increased and the equipment or processes used at a location where a
non -conforming situation exists may be changed if these or similar changes amount only
to changes in the degree of activity rather than changes in kind and no violations of other
paragraphs of this Section occur.
5. Physical alteration of non -conforming structures or structures containing a
non-confomung use is unlawful if it results in:
a) An increase in the total amount of space devoted to a non -conforming use.
b) Greater non -conformity with respect to dimension restrictions such as yard
requirements, height limitations, or density requirements.
c) The enclosure of previously unenclosed areas, even through those areas are or
were used in connection with the non -conforming activity.
6. Minor repairs to and routine maintenance of property where non -conforming situations
exist are permitted and encouraged. Major renovation - i.e., work estimated to cost more
than ten percent (10%) but less than fifty percent (50%) of the market value or a certified
appraisal furnished by the owner, whichever is greater, of the structure to be renovated
may be done provided that the work will not result in a violation of any other paragraphs
of this Subsection particularly Paragraph 5. In no case however shall work costing more
is whichever
fifty percent (50%) of the taxed value or a certified appraisal provided by the owner,
whichever is greater, of the structure be done, singularly or cumulatively, within any five
(5) year period.
Provided, nothing herein shall prevent the maintenance, repair and extension of a single-
family dwelling that is non -conforming as to use, provided that it is done in conformance
with the dimensional requirements of the RA-1 Residential District.
Section 12.4 Reconstruction Prohibited
Any non -conforming building or structure or any building or structure containing a
non -conforming use for which major repair or reconstruction is proposed in any amount equal to
fifty percent (50%) or more of the market value of the building or structure or which has been
damaged by any cause, without regard to reason or intent, to an extent equal to fifty percent
(50%) or more of its market value shall only be repaired and/or reconstructed and used as a
conforming structure and a conforming use.
Provided, nothing herein shall prevent the reconstruction of a single-family dwelling that is non-
conforming as to use provided such reconstruction conforms to the dimensional requirements of
the RA-1 Residential District.
• Section 12.5 Change in Kind of Non -conforming Use
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1. A non -conforming use may be changed to a conforming use. Thereafter, the property •
may not revert to a non -conforming use.
2. A non -conforming use shall not be changed to another non -conforming use.
3. If a non -conforming use and a conforming use, or any combination of non -conforming
uses exist on one lot, the use made of the property may be changed only to a conforming
use.
4. Conforming uses, except Adult Oriented Businesses, may be established or re-established
in non -conforming buildings or structures provided that off-street parking is provided as
required by this Ordinance and provided no other provision of this Ordinance for the
establishment of new uses is violated.
Section 12.6 Replacement of Non -conforming Mobile Homes (Also See SR#3)
A non -conforming mobile home on an individual lot outside of a mobile home park may
not be replaced except by a conforming dwelling. A non -conforming mobile home may
not be enlarged or altered externally in any way.
2. Existing mobile home parks which provide manufactured home spaces having a width or
area less than that herein described may continue to operate with spaces of existing width
• or area . In no event shall any non -conforming park be allowed to expand unless the
entire park is improved to meet the requirements of this ordinance.
•
Section 12.7 Discontinuance of Non -conforming Uses
1. When active operation or occupancy of a non -conforming use is discontinued regardless
of the purpose or reason for a consecutive period of twelve (12) months, the property
involved may thereafter be used only for conforming uses.
2. For purposes of determining whether a right to continue a non -conforming situation is
lost pursuant to this Subsection, all of the buildings, activities, and operations maintained
on a lot are generally to be considered as a whole. For example, the failure to rent one
apartment in a non -conforming apartment building or one space in a non -conforming
mobile home park for twelve (12) months shall not result in a loss of the right to rent that
apartment or space thereafter so long as the apartment building or mobile home park as a
whole is continuously maintained. But if a non -conforming use is maintained in
conjunction with a conforming use, cessation of operation or occupancy of the
non -conforming use for
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• the required period shall terminate the right to maintain it thereafter.
Section 12.8 Discontinuance of Non -conforming Adult Oriented Businesses
Notwithstanding the provisions of Section 12.7 above, Adult Oriented Businesses shall be
governed by the following:
1. Any Adult Oriented Business that fails to comply with the use and locational
requirements of this Ordinance but which was lawfully operating before the effective date
of this Ordinance, shall not be deemed to be in violation of this Ordinance but shall be a
non -conformity. Any such business which ceases active operation for a period of thirty
(30) days regardless of the purpose or reason shall be subject to all the requirements of
this Ordinance and the property may thereafter be used only for conforming uses.
2. Any Adult Oriented Business lawfully operating as of the effective date of this Ordinance
but which subsequently fails to comply with the use and locational requirements of this
Ordinance as the result of changes within the vicinity or amendment to this Ordinance,
shall not be deemed to be in violation of this Ordinance but shall be a non -conformity.
Any such business which ceases active operation for a period of thirty (30) days
regardless of purpose or reason shall be subject to all the requirements of this Ordinance
and the property may thereafter be used only for conforming uses.
• 3. Any Adult Oriented Business that is rendered a non -conforming use as a result of the
conditions described in 1. and 2. above shall either cease to operate or meet all of the
requirements of this Ordinance for the use no later than sixty (60) months from the date
that the Adult Oriented Business becomes anon -conforming use.
•
Section 12.9 Non -Conforming Signs
The following requirements are established to regulate non -conforming signs:
Section 12.9.1_ Conformance Required
Any sign legally in use prior to the effective date of this ordinance or any
amendments hereto which does not satisfy the requirements of this ordinance is
declared to be nonconforming and may be continued subject to regulations of
Section 12.9.2 provided, however, prohibited signs in Article IX other than roof
or projecting signs shall immediately be brought into compliance with the
requirements of this Article or removed entirely, including the entire sign and any
associated components or equipment. The eventual elimination, as expeditiously
and fairly as possible, of nonconforming signs is as much a subject of health,
safety and welfare as is the regulation of new
signs.
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• Section 12.9.2 Regulations of Non -Conforming Signs
A nonconforming sign may be continued but it shall not be:
a. Changed or replaced with another nonconforming sign, except that copy
may be changed.
b. Expanded or modified in any way which increases the signs
nonconformity. Nor may illumination be added.
C. Moved except to bring the sign into complete conformity with this Article.
d. Re-established once the sign structure has been removed.
e. Re-established after damage or deterioration as defined in Section 12.4.
f. Re-established after it has been discontinued regardless of reason or intent
for one hundred -twenty (120) days or more.
Section 12.9.3 Illumination of Sims for Legal Non -Conforming Uses
Signs for legal non -conforming uses in residential districts shall be illuminated
• only between sunrise and 10:00 p.m.
Section 12.9.4 Damaged or Deteriorated Non -Conforming Signs
•
If a nonconforming sign suffers more than fifty percent (50%) of its value by
damage or deterioration it must be brought into conformance with this ordinance
or removed. The value shall be determined by the Zoning Administrator or his
designee as the depreciated replacement value of the sign.
Section 12.9.5 Maintenance of Non -Conforming Signs
Nonconforming signs shall be subject to all requirements of this ordinance
regarding safety, maintenance and repair. Nonconforming signs shall be
maintained in good condition including necessary non-structural repairs,
incidental alterations or copy alterations, such as repainting and electrical repairs
which do not extend or intensify the nonconforming features of the sign.
151

• Article XIII ADMINISTRATION AND ENFORCEMENT; VIOLATIONS AND
PENALTIES
Section 13.1 Administrative Officer
This Ordinance shall be administered and enforced by the Zoning Administrator who shall be
appointed by the Town Manager and is hereby empowered:
A. To issue a Zoning Compliance Certificate prior to issuance of a building permit.
B. To collect the designated fees in the Administration of this ordinance.
C. To investigate violations of the provisions of this ordinance and enforce actions
necessary for correction thereof. To enter upon private property at reasonable
times in the carrying out of the duties.
D. To make and keep all records necessary and appropriate to the office including
record of issuance and denial of all Zoning Compliance Certificate, Special Use
Permits, Amendments, Variances, Appeals and of receipt of complaints of
violations of this ordinance and action taken on the same.
• E. To appoint agents to act on his behalf.
Section 13.2 Zoning Compliance Certificates; Building Permits; Certificates
of Occupancy Required
A. Zoning Compliance Certificate. Application for a Zoning Compliance Certificate
shall be filed with the Zoning Administrator or his designate. No building permit
will be issued until a Zoning Compliance Certificate has been issued.
B. Building Permit. No building permit shall be issued until the plans and
specifications for a building comply with the North Carolina State Building Code,
the provisions of the ordinance and until a Zoning Compliance Certificate has
been executed.
C. Certificate of Occupancy, No building which has been erected, added to,
relocated, or structurally altered for which a building permit has been issued shall
be used or occupied nor the use of any building or land changed until a
Certificate of Occupancy has been issued by the Building Inspector stating that
the building or structure or part thereof complies with the North Carolina
State Building Code, and the provisions of this ordinance. No previously
unoccupied structure shall be occupied until a Certificate of Occupancy is issued.
• D. No temporary utilities shall be connected until a building permit is issued. No
permanent utilities shall be connected until a Certificate of Occupancy is issued.
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Section 13.3 Zoning Compliance Certificate
No land shall be used or occupied and no building hereafter structurally altered, erected, or
moved, shall be used, or its use changed, until a Zoning Compliance Certificate shall have been
issued by the Zoning Administrator stating that the building and/or the proposed use thereof
complies with the provisions of this Ordinance. No Building Permit shall be issued and no
building shall be occupied until that Permit is issued. The issuance of a valid Zoning
Compliance Certificate shall confer with it the right to undertake and complete the development
and/or use of property under the terms and conditions of such Certificate provided that such
action as authorized by the Certificate is commenced within one hundred eighty (180) days of
issuance and provided that all other permits are obtained. Otherwise the Certificate shall be
void.
Application Procedures
Each application for a Zoning Compliance Certificate shall be accompanied by a plan in
duplicate, drawn to scale, one (1) copy of which shall be returned to the Owner upon approval.
The plan shall show the following:
a. The shape and dimensions of the lot on which the proposed building or use is to
be erected or conducted;
b. The location of the said lot with respect to adjacent rights -of -way;
C. The shape, dimensions, and location of all buildings, existing and proposed, on
the said lot;
d. The nature of the proposed use of the building or land, including the extent and
location of the use, on the said lot;
e. The location and dimensions of off-street parking and the means of ingress and
egress to such space; and
f. Any other information which the Zoning Administrator may deem necessary for
consideration in enforcing the provisions of this Ordinance.
2. Right of Appeal
If the Zoning Permit is denied, the applicant may appeal the action of the Zoning Administrator
to the Board of Adjustment as provided for herein. Such appeal shall be made within forty five
(45) days of such permit denial.
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• Section 13.4
Zoning Compliance Certificate With Vested Rights
In any case where the applicant for a Zoning Compliance Certificate desires to obtain a
vested right, as authorized by NCGS 160A-385.1, the applicant shall observe the
following procedures:
a. The applicant shall submit to the Zoning Administrator seven (7) copies of a site
specific development plan drawn to scale describing with reasonable certainty the
type and intensity of use for the specific parcel or parcels of land. Such plan shall
include:
1) The boundaries of the site;
2) Significant topographical and other natural features affecting the
development of the site;
3) The location on the site of the proposed buildings, structures, and other
improvements;
4) The dimensions, including height, of the proposed buildings and other
structures;
5) The location of all existing and proposed infrastructure on the site,
including water, sewer, roads and walkways; and,
6) Such other information as the Zoning Administrator may determine to be
necessary in order to determine the specifics of the plan.
• b. Public Hearing; Notice Thereof
•
Upon receipt of a properly prepared site specific development plan the Zoning
Administrator shall arrange to bring such plan before the Board of Adjustment in
the manner of a public hearing. Completed plans shall be received a minimum of
fourteen (14) days prior to the public hearing at which the proposed vested rights
plan is scheduled to be considered by the Board. Notice of the public hearing
shall be given in the same manner as that required for a variance.
In considering an application for a Zoning Compliance Certificate With Vested
Rights the Board of Adjustment shall give due regard that the purpose and intent
of this Ordinance shall be served, public safety and welfare secured and
substantial justice done. If the Board should find, after public hearing, that the
proposed Permit should not be granted, such proposed Permit shall be denied.
In granting such Permit, the Board of Adjustment shall make the following
affirmative findings:
1) The use requested is among those listed as a Permitted or Special Use in
the District in which the subject property is located or is to be located and
complies with all the requirements of this Ordinance and other applicable
ordinances.
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2) The requested Permit is either essential or desirable for the public
convenience or welfare.
3) The requested Permit will not impair the integrity or character of the
surrounding or adjoining Districts, and will not be detrimental to the
health, safety or welfare of the community.
4) Adequate utilities, access roads, drainage, sanitation and/or other
necessary facilities have been or are being provided.
In granting a Zoning Compliance Certificate With Vested Rights, the Board of Adjustment may
impose such additional restrictions and requirements upon such Certificate as it may deem
necessary in order that the purpose and intent of this Ordinance are served, public welfare
secured and substantial justice done. Approval of a site specific development plan with the
condition that a variance, Special Use Permit or modification be obtained shall not confer a
vested right unless and until the necessary variance, Special Use Permit or modification is
obtained. If all requirements and conditions are accepted by the applicant, the Board shall
authorize the issuance of the Certificate, otherwise the Certificate shall be denied. Any Permit so
authorized shall remain vested for a period of two years from the date of the action granting the
Certificate.
2. Vested Right With Special Use Permit
• The authorization of a Special Use Permit by the Board of Adjustment or the authoriza-
tion of a Special Use Permit by the City Council through the Special Use Rezoning
Procedure shall automatically convey a two-year Zoning Compliance Certificate with
Vested Rights as provided for in this Section without need for further action.
U
3. Violations
Any violation of a term or condition involved in the granting of a Zoning Compliance
Certificate With Vested Rights shall be treated the same as a violation of this Ordinance
and shall be subject to the same remedies and penalties as any such violation. In
addition, the Board of Adjustment may, after public hearing, revoke any such vested
rights for failure to abide by any such term or condition.
4. Other Ordinances Apply
The establishment of a vested right shall not preclude the application of overlay zoning
which imposes additional requirements but does not affect the allowable type or intensity
or use, or ordinances or regulations which are general in nature and are applicable to all
property subject to land -use regulation, including, but not limited to building, fire,
mechanical, electrical and plumbing codes.
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• 5. Changes or Amendments
No change or amendment to any Compliance Certificate With Vested Rights shall be
made except after public hearing and except as provided for in this Ordinance for the
original issuance of such Certificate. If, at the time of consideration of proposed change
or amendment to an existing Certificate, such Certificate or proposed change or
amendment could not be lawfully made under Ordinance conditions existing at that time,
such proposed change or amendment shall be denied. In addition, in no case shall there
be an extension of the two-year time period for which such development right is vested.
Nothing herein shall exempt plans related to such Certificate from subsequent reviews
and approvals to ensure compliance with the terms and conditions of the original
approval, provided that such reviews and approvals are not inconsistent with the original
approvals
6. Status at Expiration of Term
A right which has been vested shall terminate at the end of the two-year vesting period
with respect to buildings and uses for which no valid Building Permit applications have
been filed. Upon issuance of a Building Permit, the provisions of G.S. 160A418 and
G.S. 160A-422 shall apply except that a Building Permit shall not expire or be revoked
because of the running of time while a vested right under this Section is outstanding.
Any development constructed pursuant to a Zoning Compliance Certificate With Vested
• Rights for which the vested term has expired and which is not in conformance with all the
terms of this Ordinance because of changes made in the provisions of this Ordinance,
including the Zoning Map, after the issuance of such Certificate shall be subject to the
provisions of this Ordinance relating to non -conformities the same as any other
non -conformity.
7. Annexation Declaration
Any landowner who signs an annexation petition to the Town pursuant to G.S. 160A.31
or G.S. 160A-58.1 shall, as part of that petition, file a signed statement declaring whether
or not vested rights with respect to the property subject to the petition have been
established under G.S. 160A-385.1 or G.S. 153A- 344.1. If the statement declares that
such rights have been established, the Town may require petitioners to provide proof of
such rights. A statement which declares that no vested rights have been established by
law shall be binding on the landowner and any such vested right shall be terminated.
Section 13.5 Duties of Zoning Administrator, Board of Adjustment, Courts and
Town Council to Matters of Appeal
It is the intention of this Ordinance that all questions arising in connection with the enforcement
of this Ordinance shall be presented first to the Zoning Administrator and that such questions
• shall be presented to the Board of Adjustment only on appeal from the Zoning Administrator;
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• and that from the decision of the Board of Adjustment recourse shall be to courts as provided by
law. It is further the intention of this Ordinance that the duties of the Town Council in
connection with the Ordinance shall not include the hearing and passing upon disputed questions
that may arise in connection with the enforcement thereof, but the procedure for determining
such questions shall be as herein set out in the Ordinance, and that the duties of the Town
Council in connection with this Ordinance shall be only the duty of considering and passing
upon any proposed amendment or repeal of the Ordinance as provided by law.
Section 13.6 Violations; Remedies
Any of the following shall be a violation of this Ordinance and shall be subject to the
enforcement remedies and penalties provided by this Article and by State law.
A. Development Without Permit
To engage in any development, use, construction, remodeling, or other activity of any
nature upon land or improvements thereon subject to the jurisdiction of this Ordinance
without all required permits, certificates, or other forms of authorization as set forth in
this Ordinance.
B. Development Inconsistent With Permit
• To engage in any development, use, construction, remodeling, or other activity of any
nature in any way inconsistent with any approved plan, permit, certificate, or other form
or authorization granted for such activity.
•
C. Violation by Act or Omission
To violate, by act or omission, any term, variance, modification, condition, or
qualification placed by the Town Council or its agent boards upon any required permit,
certificate, or other form of authorization for the use, development, or other activity upon
land or improvements thereon.
D. Use in Violation
To erect, construct, reconstruct, alter, repair, convert, maintain, or use any building or
structure or to use any land in violation or contravention of this Ordinance or any other
regulation made under the authority conferred thereby.
E. Continue a Violation
Each days continuation of any of the above violations is a separate and distinct offense.
Provided, however, each hours continuation of any land disturbing activity in violation of
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• the provisions of the maritime Forest Area or Land Protection Standards shall constitute a
separate and distinct offense.
Section 13.7 Inspection and Investigation
In order to determine violations of this ordinance the Zoning Administrator shall have the
following rights and powers:
A. Inspections
The Zoning Administrator shall have the right upon presentation of proper credentials, or
inspection warrant if necessary, to enter on any premises within the jurisdiction at any
reasonable hour for the purposes of inspection, determination of plan compliance, or
other enforcement action.
B. Investigations
The Zoning Administrator shall have the power to conduct such investigations as he may
reasonably deem necessary to carry out his duties as prescribed in this Ordinance and, for
this purpose, to enter at reasonable times upon any property, public or private, for the
purpose of investigating and inspecting the sites of any complaints or alleged violations
of this Ordinance.
• C. Supporting Documentation
The Zoning Administrator shall have the power to require written statements,
certificates, certifications, or the filing of reports with respect to pertinent questions
relating to complaints or alleged violations of this Ordinance.
Section 13.8 Enforcement Procedure
If the Zoning Administrator shall find that any of the provisions of this Ordinance are
being violated, he shall notify the person responsible for such violation, indicating the
nature of the violation and ordering the action necessary to correct it. He shall order
discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings
or structures or additions; alterations, or structural changes thereto; discontinuance of any
illegal work being done; or shall take any other action authorized by this ordinance to
insure compliance with or to prevent violations of its provisions.
A. Notice of Violation
If the owner or occupant of the land, building, structure, sign, or use in violation
fails to take prompt corrective action, the Zoning Administrator shall give the
owner or occupant written notice (by certified or registered mail to his last known
address, by personal service, or by posting notice conspicuously on the property) of the
• following:
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• 1. that the land, building, structure, sign, or use is in violation of this
Ordinance;
2. the nature of the violation, and citation of the Section(s) of this Ordinance
violated; and
3. the measures necessary to remedy the violation.
B. Appeal
Any owner or occupant who has received a Notice of Violation may appeal in writing the
decision of the Zoning Administrator to the Board of Adjustment within fifteen (15) days
following the date of the Notice of Violation. The Board of Adjustment shall hear an
appeal within a reasonable time, and it may affirm, modify, or revoke the Notice of
Violation. In the absence of an appeal, the decision of the Zoning Administrator shall
be final.
C. Notice of Decision
The decision of the Board of Adjustment may be delivered to the aggrieved party either
by personal service or by registered mail or certified mail return receipt requested.
• Section 13.9 Failure To Comply With Notice
is
If the owner or occupant of a property fails to comply with a Notice of Violation from which no
appeal has been taken, or a final decision by the Board of Adjustment following an appeal, the
owner or occupant shall be subject to the penalties and remedies as set forth in Section 13.10 or
to such remedies and penalties as may be provided by the State law.
Section 13.10 Remedies; Penalties
Violations of this Ordinance shall subject the violator to the penalties and remedies, civil or
criminal or both, as set forth in Section 1-6 of the Atlantic Beach Town Code.
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Article XIV BOARD OF ADJUSTMENT
Section 14.1 Establishment of Board of Adjustment
A Board of Adjustment is hereby established. Said Board shall consist of five (5) members who
shall be appointed by the Town Council and shall be residents of the Town of Atlantic Beach.
Members shall be appointed for overlapping terms of three (3) years. Any vacancy in the
membership shall be filled for the unexpired term in the same manner as the initial appointment.
In addition to the regular members, the Town Council may appoint five (5) alternate members,
who shall be residents of the Town of Atlantic Beach, each for three (3) year terms. The
Chairman of the Board of Adjustment, or in his absence the acting chairman, may appoint the
alternates to sit for any regular members in case of the absence or disqualification of any regular
members. In such case the alternate members shall have the same powers and duties of the
regular members they are replacing during such time. In no case, however, shall more than five
(5) regular members or combination of regular members and the alternate members be
empowered to vote on any matter that comes before the Board.
Except where a simple majority vote is required for the conduct of Board business and for
permission to cut certain trees and shrubs pursuant to Article V, Section 5.3.1 c (2), the
concurring vote of four (4) members of the Board shall be necessary to reverse any order,
requirement, decision or determination of any administrative official charged with enforcement
of this Ordinance or to decide in favor of the applicant any matter upon which it is required to
pass under the Zoning Ordinance or to affect any variation of such Ordinance.
Sectionl4.2 Rules of Conduct for Meetings
Members of the board may be removed by the Town Council for cause, including violation of
the rules stated below.
1. Faithful attendance at meetings of the board and conscientious performance of
the duties required of members of the board shall be considered a prerequisite to
continuing membership on the board.
2. No board member shall take part in the hearing, consideration or determination of
any case in which he is personally or financially interested. A board member shall
have a "financial interest" in a case when a decision in the case will 1) cause him
or his spouse to experience a direct financial benefit or loss, or 2) will cause a
business in which he or his spouse owns any interest to experience a direct
financial benefit or loss. A board member shall have "personal interest' in a case
when it involves a member of his immediate family (i.e. parent, spouse or child).
3. No board member shall discuss any case with any parties thereto prior to the
public hearing on that case; provided however, that members may receive and/or
seek information pertaining to the case from the Zoning Administrator or any
other member of the board, its secretary or clerk prior to the hearing.
4. Members of the board shall not express individual opinions on the proper
judgement of any case prior to its determination on that case.
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5. Members of the board shall give notice to the chairman forty-eight (48) hours
prior to the hearing of any potential conflict of interest which he has in a
particular case before the board.
Section 14.3 Proceedings of the Zoning Board of Adjustment
The Board of Adjustment shall elect a chairman and a vice-chairman from its members who shall
serve for one (1) year or until re-elected or until their successors are elected. The Board shall
appoint a secretary, who may be municipal officer, an employee of the Town, or a member of the
Board of Adjustment. The Board shall adopt rules and by-laws in accordance with the
provisions of this Ordinance and of Article 19, Chapter 160A of the General Statutes of North
Carolina. Meetings of the Board shall be held at the call of the chairman and at such other times
as the Board may determine. The chairman, or in his absence the vice-chairman, may administer
oaths and compel the attendance of witnesses by subpoena. All meetings of the Board shall be
open to the public.
The board shall hold regular monthly meetings at a specified time and place. Special meetings
of the board may be called at any time by the chairman or by request of three (3) or more
members of the board. At least forty-eight (48) hours written notice of the time and place of
meetings shall be given, by the chairman, to each member of the board. All board meetings are
• to be held in accordance with Article 33B of Chapter 143 of the General Statues of North
Carolina, commonly referred to as the Open Meeting Law.
Whenever there are no appeals, applications for Special Uses or variances, or other business for
the board, or whenever so many members notify the secretary of inability to attend that a quorum
will not be available, the chairman may dispense with a meeting by giving written or oral notice
to all members.
A quorum shall consist of three (3) members of the board, but the board shall not pass upon any
questions relating to an appeal from a decision or determination of the Zoning Administrator, or
an application for a variance or special use permit when there are less than four (4) members
present.
All regular members may vote on any issue unless they have disqualified themselves for one or
more of the reasons listed in Section 14.2 The required vote to decided appeals and applications
shall be as provided in this Article and shall not be reduced by any disqualification. In all other
matters the vote of a majority of the members present and voting shall decide issues before the
board.
Section14.4 Appeals, Hearings and Notice
An appeal from the decision of the Zoning Administrator may be taken by the aggrieved party to
• the Board of Adjustment. Such appeal shall be taken within forty-five (45) days by filing with
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• the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning
Administrator shall forthwith transmit to the Board all papers constituting the record upon which
the action appealed from was taken. The Board of Adjustment shall fix a reasonable time for
hearing the appeal, give public notice thereof, as well as due notice to the parties in interest and
decide the same within a reasonable time. At the hearing, any party may appear in person or by
agent or attorney. On all appeals, applications and other matters brought before the Board of
Adjustment, said Board shall inform in writing all the parties involved of its decisions and the
reasons therefor.
Section 14.5 Stay of Proceedings
An appeal stays all legal proceedings in furtherance of the action appealed from, unless the
Zoning Administrator certifies to the Board of Adjustment after the notice of appeal shall have
been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life and property. In such case, proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the Board of Adjustment or by a
court of record on application, on notice to the Zoning Administrator, on due cause shown.
Section 14.6 Powers and Duties of the Board of Adjustment
The Board of Adjustment shall have the following powers and duties:
• 1. Administrative Review. To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the Zoning Administrator in
the enforcement of this Ordinance.
2. Zoning Compliance Certificate with Vested Rights. To hear and decide Zoning
Compliance Certificates With Vested Rights in accordance with Article )III of this
Ordinance.
3. Variances. To authorize upon appeal in specific cases such variances from the terms of
the Ordinance as will not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of this ordinance will, in an individual
case, result in practical difficulty or unnecessary hardship, so that the spirit of the
ordinance shall be observed, public safety and welfare secured, and substantial justice
done.
Such variance may be granted in such individual case of unnecessary hardship where the
Board of Adjustment makes the following affirmative findings:
a) There are practical difficulties or unnecessary hardships in the way of carrying out
the strict letter of the Ordinance.
1) If he complies with the provisions of the Ordinance, the property owner
can secure no reasonable return from or make no reasonable use of, his
40 property.
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• 2) The hardship results from the application of the Ordinance.
3) The hardship is suffered by the applicant's property.
4) The hardship is not a result of the applicant's own actions.
5) The hardship is peculiar to the applicant's property.
b) The variance is in harmony with the general purpose and intent of the Ordinance
and preserves its spirit.
c) In granting the variance the public safety and welfare have been assured and
substantial justice has been done.
In addition, the Board of Adjustment shall consider the following when passing upon
variances in the Flood Protection Overlay District:
(a) Variances may be issued for the repair or rehabilitation of historic structures
upon the determination that the proposed repair or rehabilitation will not preclude
the structure's continued designation as a historic structure and the variance is the
minimum necessary to preserve the historic character and design of the structure.
(b) In passing upon such applications, the board shall consider all technical
evaluations, all relevant factors, all standards specified in the district, and :
• 1)
The danger that materials may be swept onto other lands to the injury
of others;
2)
The danger to life and property due to flooding or erosion damage;
3)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
4)
The importance of the services provided by the proposed facility to the
community;
5)
The necessity to the facility of a waterfront location, where
applicable;
6)
The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
7)
The compatibility of the proposed use with existing and anticipated
development;
8)
The relationship of the proposed use to the comprehensive plan and
floodplain management program for the area;
9)
The safety of access to the property in times of flood for ordinary and
emergency vehicles;
10) The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if
applicable, expected at the site; and,
(11) The costs of providing governmental services during and after
is
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• flood conditions including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical and water
systems, and streets and bridges.
(c ) Upon consideration of the factors listed above and the purposes of the
district, the board may attach such conditions to the granting of variances as it
deems necessary to further the purpose of the district.
(d) Variances shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
(e) Conditions for variances:
1) Variances may not be issued when the variance will make the structure
in violation of other federal, state, or local laws, regulations, or
ordinances.
2) Variances shall only be issued upon a determination that the variances
the minimum necessary, considering the flood hazard, to afford relief.
3) Variances shall only be issued upon (i) a showing of good and
• sufficient cause; (ii) a determination that failure to grant the variance
would result in exceptional hardship; and (iii) a determination that the
granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense,
create nuisance, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
•
4) Any applicant to whom a variance is granted shall be given written
notice specifying the difference between the base flood elevation and
the elevation to which the structure is to be built and a written
statement that the cost of flood insurance will be commensurate with
the increased risk resulting from the reduced lowest floor elevation.
Such notification shall be maintained with record of all variance
actions.
5) The Zoning Administrator shall maintain the records of all appeal
action and report any variances to the Federal Emergency
Management Agent upon request.
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• 4. Special Use Permits.
To hear and decide, in particular cases, and subject to appropriate conditions and safeguards,
permits for special uses as authorized by Article VI. In granting a special use permit the Board
shall make the following affirmative findings:
a) The Use requested is among those listed as an eligible Special Use in the District
in which the subject property is located.
b) That the Special Use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as proposed;
c) That the Special Use meets all required conditions and specifications, and that
satisfactory provision and arrangement has been made for at least the following,
where applicable:
(1)
Satisfactory ingress and egress to property and proposed structures
thereon, with particular reference to automotive and pedestrian safety
and convenience, traffic flow and control.
(2)
Provision of off-street parking and loading areas where required,
with particular attention to the items in (1) above, and the economic,
noise, glare and odor effects of the conditional use of adjoining
•
properties in the area.
(3)
Adequate and proper utilities, with reference to locations, availability
and compatibility.
(4)
Buffering, with reference to type, location and dimensions.
(5)
Signs, if any, and proposed exterior lighting, with reference to glare,
traffic safety, economic effect and compatibility and harmony with
properties in the district.
(6)
Playgrounds, open spaces, yards, landscaping, access ways,
pedestrian ways, with reference to location, size and suitability.
(7)
Buildings and structures, with reference to location, size and use.
(8)
Hours of operation, with particular reference to protecting and
maintaining the character of the neighborhood.
d) That the Special Use will not substantially injure the value of adjoining or
abutting property, or that the use is a public necessity; and,
e) That the location and character of the Special Use if developed according to the
plan as proposed will be in harmony with the area in which it is to be located and
in general conformity with the plan of development of the Town and its environs.
f) That the Board of Adjustment finds from the evidence produced after a study of
the complete record that:
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1) The proposed use does not affect adversely the general
plans for the physical development of the town as embodied in
these regulations or in any plan or portion thereof adopted by the
planning board and/or the Town Council;
2) The proposed use will not be contrary to the purposes stated in
these regulations.
3) The proposed use will not affect adversely the health and safety of
residents and workers in the town;
4) The proposed use will not be detrimental to the use or
development of adjacent properties or other neighborhood uses;
5) The proposed use will not be affected adversely by the existing
uses;
6) The proposed use will be placed on a lot of sufficient size to satisfy
the space requirements of said use;
7) The proposed use will not constitute a nuisance or hazard because
of the number of persons who will attend or use such facility, of
• the vehicular movement, or noise or fumes of the type of physical
activity;
i
8) The standards set forth for each particular use for which a permit
may be granted have been met;
9) The proposed use shall be subject to the minimum area, setback,
and other locational requirements of the zoning district in which it
will be located; and
10) The proposed use shall be subject to the off-street parking and
service requirements of these regulations.
In granting a Special Use Permit, the Board may impose such additional restrictions and
requirements upon such Permit as it may deem necessary in order that the purpose and intent of
this Ordinance are served, public welfare secured and substantial justice done. If all
requirements and conditions are accepted by the applicant, the Board shall authorize the issuance
of the Special Use Permit, otherwise the Permit shall be denied. Any Special Use Permit so
authorized shall be perpetually binding upon the property included in such Permit unless
subsequently changed or amended by the Board, as provided for in this Article. The Board may
change or amend any Special Use Permit, after a public hearing and subject to the same
consideration as provided for in this Article for the original issuance of Special Use Permit.
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• No proposal to amend or change any Special Use Permit shall be considered within three(3)
months of the date of the original authorization of such Permit or within three (3) months of
hearing of any previous proposal to amend or change any such Permit.
5. Authorize the Cutting of Trees or Shrubs as Provided for in Article V. Section 5.3.1 C.(2)
In considering a permit request to cut maritime forest within setback areas, the board shall
consider the practical need for the cutting and any alternatives to cutting of maritime forest
proposed by the applicant. It is the board's duty to determine that there is no practicable
alternative to the cutting of maritime forest within the setback areas. In making such
determination, the board shall consider the proposed use by the applicant, whether there are other
locations upon the lot or parcel that the subject use could occur without cutting the maritime
forest within the setback, and whether there are existing circumstances peculiar to the lot that
require the consideration of the use of the setback area.
In granting any permits to cut maritime forest within setback areas, the board shall, at a
minimum, require that the applicant replace all trees cut within the setback area on at least a one
(1) for one (1) basis elsewhere on the subject parcel.
Sectioni4.7 Petition Procedure
Any petition for action by the Board of Adjustment shall be submitted in appropriate form as
• determined by the Zoning Administrator at least thirty (30) days prior to the meeting of the
Board of Adjustment at which the matter is to be considered. The petition shall be submitted to
the Zoning Administrator who shall place the matter to be heard on the Board of Adjustment
agenda for the meeting taking place at least thirty (30) day following the date of the submission
of the petition.
•
The petition shall be submitted in a form as set forth by the Zoning Administrator and shall
contain such information as the Zoning Administrator may determine to be necessary and
appropriate for the Board of Adjustment to make its determination and to provide for proper and
legal public notification.
Section 14.8 Appeals from the Board of Adjustment.
Any person or persons, jointly or severally, aggrieved by any decision of the Board, any
taxpayer, or any officer, department, board or bureau of the jurisdiction of this Ordinance may,
within thirty (30) days after the filing of the decision in the office of the Board, but not
thereafter, present to a court of competent jurisdiction a petition duly verified setting forth that
such decision is illegal, in whole or in part, specifying the ground of illegality, whereupon such
decision of said Board shall be subject to review by certiorari as provided by law.
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ARTICLE XV AMENDMENT PROCEDURES; SPECIAL USE DISTRICTS
Section 15.1 General
The Town Council may amend, supplement or change the Zoning Ordinance text and zoning
district lines and designations according to the following procedure. It is the intent of this
Ordinance that the applicant for rezoning to any district other than a Special Use District shall be
prohibited from offering any testimony or evidence concerning the specific manner in which he
intends to use or develop the property. If the applicant believes that the development of his
property in a specific manner will lessen adverse effects upon surrounding properties or
otherwise make the rezoning more in accordance with the principles underlying the Town's
comprehensive zoning plan, he shall apply for rezoning to the appropriate Special Use District
and simultaneously apply for Special Use Permit specifying the nature of his proposed
development. No permit shall be issued for any development within a Special Use District
except in accordance with an approved Special Use Permit.
Section 15.2 Amendment Initiation
Applications to change, supplement or amend this Ordinance may be initiated by:
1. Textual Amendment.
a. The Town Council;
• b. The Planning Board;
c. Anyone who owns property or resides in the area of jurisdiction of this Ordinance
or the agent of such person.
2. Map Amendment.
a. The Town Council;
b. The Planning Board;
C. Anyone who owns property or resides in the area of jurisdiction of this Ordinance
or the agent of such person. Provided, however, map amendments involving
Special Use Districts may only be initiated by the owner or authorized agent of
the owner and properties will be initially zones CZ conservation zone only upon
the request of the owner or authorized agent of the owner of such property;
however after initial CZ zoning, any request for rezoning to a different zoning
district will be considered by the town according to standard rezoning principles.
Section 15.3 Submittal
All applications for amendments to this Ordinance shall be in writing, signed and filed with the
Zoning Administrator.
The Zoning Administrator, before scheduling any application for amendment for consideration
by the Planning Board, shall ensure that it contains all the required information as specified in
• this Ordinance and on the application form. Applications which are not complete, or otherwise
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• do not comply with the provisions of this Ordinance and the application form as set forth by the
Zoning Administrator shall not be scheduled by the Zoning Administrator, but shall be returned
to the applicant with a notation of the deficiencies in the application.
Completed applications shall be received a minimum of twenty (20) days prior to the Planning
Board meeting at which the proposed amendment is scheduled to be considered.
All applications for amendment shall contain, as a minimum, a description of the proposed
change, and if it would require a change of the zoning maps, the application shall include a map
drawn to a scale of not less than four hundred (400) feet to the inch and not more than twenty
(20) feet to the inch showing the land covered by the proposed amendment, a legal description of
the property and a list of names and addresses of all owners of property involved in the map
change and all adjoining property owners, within two -hundred (200) feet of any portion of the
property as shown on County tax records.
Any application requesting a change to a Special Use District shall be accompanied by a Special
Use Permit application showing the use or uses proposed and any conditions being proposed by
the applicant, along with such information as the Zoning Administrator may determine to be
necessary and appropriate to the matter.
Section 15.4 Planning Board Action
• The Zoning Administrator shall present any properly completed application for amendment to
the Planning Board at it next regularly scheduled meeting occurring at least twenty (20) after
filing of such application with the Zoning Administrator.
The Planning Board shall either recommend in favor of an amendment or in opposition to an
amendment by.simple majority vote of those present and voting. The Board may also propose
conditions to their recommendation. A tie vote on a proposal shall be considered to be in
opposition to such amendment. If the Planning Board should fail to act on any proposal
amendment within forty-five (45) days after it is presented to the Board such failure to act shall
be considered to be a favorable recommendation for the purposes of this procedure.
Section 15.5 Town Council Action
The Zoning Administrator shall present any proposed amendments to the Town Council at its
next regular scheduled meeting, following Planning Board action, at which it hears rezoning
proposals, and which meeting shall be a properly advertised public hearing on any such proposed
amendments. The Zoning Administrator shall transmit to the Town Council the Planning Board's
record of action on the proposed amendments.
The Town Council shall take such lawful action on such proposals as it may deem advisable
provided that no zoning amendment shall be adopted until after a public hearing shall have been
held. Notice of public hearing shall be given as required by NC G.S. 160A, Article 19, Part 3
. (Zoning).
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• Section 15.6 Protest Petition
In case, however, of a protest against such change, signed by the owners of twenty percent (20%)
or more either of the area of the lots included in a proposed change, or of those immediately
adjacent thereto either in the rear thereof or on either side thereof, extending 100 feet therefrom,
or of those directly opposite thereto extending 100 feet from the street frontage of the opposite
lots, an amendment shall not become effective except by favorable vote of three -fourths of all the
members of the Town Council. The foregoing provisions concerning protests shall not be
applicable to any amendment which initially zones property added to the territorial coverage of
the Ordinance as a result of annexation or otherwise.
No protest against any change in or amendment to the Zoning Map shall be valid or effective for
the purposes of this Article unless it be in the form of a written petition actually bearing the
signatures of the requisite number of property owners and stating that the signers do protest the
proposed change or amendment, and unless it shall have been received by the Town Clerk in
sufficient time to allow the Town at least two normal work days, excluding Saturday, Sundays,
and legal holidays, before the date established for a public hearing on the proposed change or
amendment to determine the sufficiency and accuracy of the petition. All protest petitions shall
be on a form prescribed and furnished by the Town, and such form may prescribe any reasonable
information deemed necessary to permit the Town to determine the sufficiency and accuracy of
the petition.
. Section 15.7 Special Provisions for Special Use Districts and Special Use Permits
•
Proposals for rezoning to any Special Use District shall always be accompanied by a request for
a Special Use Permit. Such proposals and requests shall be processed and considered in the
same procedure as conventional rezoning proposals, except as otherwise set forth herein, and the
voting shall be the same as that required for zoning matters.
Any proposal for Special Use District rezoning and its accompanying request for a Special Use
Permit shall be heard and considered simultaneously. If the Town Council should determine that
the property involved in the proposal should be rezoned and the Special Use Permit issued, it
shall adopt an Ordinance rezoning the property and authorizing the issuance of the Special Use
Permit. Otherwise the proposal shall be denied.
In granting a Special Use Permit, the Town Council shall make the following affirmative
findings:
1. That the Uses requested is among those listed as an eligible Conditional Use in the
Conditional Use District in which the subject property is located.
2. That the Use Limitations and Conditions as proposed and/or imposed for the Conditional
Use Permit meet or exceed and/or at least as restrictive as the minimum standards for the
corresponding General Use District.
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3. That the use limitations and conditions as proposed and/or imposed for the requested
Conditional Use Permit can reasonable be implemented and enforced for the subject
property.
4. That when implemented the proposed and/or imposed use limitations and conditions will
mitigate specific land development issues that would likely result if the subject property
were zoned to accommodate all the uses and the minimum standards of the corresponding
General Zoning District.
5. That the applicant has agreed to accept the use limitations and conditions as proposed
and/or imposed for the requested Conditional Use Permit.
In granting a Special Use Permit, the Town Council may impose such additional restrictions and
requirements upon such Permit as it may deem necessary in order that the purpose and intent of
this Ordinance are served, public welfare secured and substantial justice done. If all requirements
and conditions are accepted by the applicant, the Town Council shall authorize the issuance of
the Special Use Permit, otherwise the Permit shall be denied
Any Special Use Permit so authorized shall be perpetually binding upon the property
included in such Permit unless subsequently changed or amended by the Town Council, as
provided for in this Article.
The Town Council may change or amend any Special Use Permit, after a public hearing upon
recommendation by the Planning Board and subject to the same consideration as provided for in
this section for the original issuance of a Special Use Permit.
No proposal to amend or change any Special Use Permit shall be considered within twelve (12)
months of the date of the original authorization of such Permit or within twelve (12) months of
hearing of any previous proposal to amend or change any such Permit.
Section 15.8 Maximum Number of Applications.
No application for the same zoning district applicable to the same property or any part thereof
shall be filed until the expiration of twelve (12) months from:
1. The date of final determination by the Town Council; or
2. The date of the public hearing or scheduled public hearing if the application is withdrawn
after it has been advertised for public hearing.
Fees submitted for withdrawn cases shall not be refundable.
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•
•
Article XVI GENERAL LEGAL PROVISIONS
Section 16.1 Interpretation, Purpose, Conflict
In interpreting and applying the provisions of this Ordinance, they shall be held to be the
minimum requirements for the promotion of the public safety, health, convenience, prosperity
and general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul
any easements, covenants, or other agreements between parties; provided, however, that where
this Ordinance imposes a greater restriction or imposes higher standards than those required by
other ordinances, rules, regulations, or by easements, covenants, or agreements the provisions of
this Ordinance shall govern so that, in all cases, the most restrictive limitation or requirement, or
the requirement causing the highest standard of improvement, shall govern.
Section 16.2 Repeal and Reenactment of Existing Zoning Ordinance
The rewriting of this Ordinance in part carves forth by reenactment some of the provisions of the
existing Zoning Ordinance of the Town of Atlantic Beach and it is not intended to repeal but
rather to reenact and continue in force such existing provisions so that all rights and liabilities
that have been accrued are preserved and may be enforced. All provisions of the Zoning
Ordinance which are not reenacted herein are hereby repealed. All suits at law or in equity
and/or all prosecutions resulting from the violation of the Zoning Ordinance in effect, which are
now pending in any of the courts of this State or of the United States, shall not be abated or
abandoned by reason of the adoption of this Ordinance, but shall be prosecuted to their finality
the same as if this Ordinance had not been adopted; and any and all violations of the existing
Ordinance, prosecutions for which have not been instituted, may be filed and prosecuted; and
nothing in this Ordinance shall be so construed as to abandon, abate, or dismiss any litigation or
prosecution now pending and/or which may have been instituted or prosecuted.
Section 16.3 Effects Upon Outstanding Building Permits, Zoning Compliance
Permits and Special Use Permits
Nothing herein contained shall require any change in the plans, construction, size or designated
use of any building, structure or part thereof for which a building permit has been granted by the
Building Inspector prior to the time of passage of this Ordinance or any amendment thereto;
provided, however, that where construction is not begun under such outstanding permit within a
period of one hundred eighty (180) days subsequent to the passage of this Ordinance or any
amendment thereto, or where it has not been prosecuted to completion within eighteen (18)
months subsequent to passage of this Ordinance or any amendment thereto, any further
construction or use shall be in conformity with the provisions of this Ordinance or any such
amendment.
Nothing herein contained shall require any change in the plans, construction, size or designated
use of any Special Use Pen -nit which has been granted prior to the adoption of this Ordinance
and such Special Use is no longer carried forth in this Ordinance provided that a Building Permit
has been obtained and construction begun within one hundred eighty (180) days of the date of
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the approval of such Permit and provided that such Building Permit is prosecuted to completion
as provided for above. Such valid Special Uses including those already existing for
non -continued uses may be constructed, continued and reconstructed the same as any permitted
use subject to such use limitations and other conditions as provided for in the original issuance of
the Special Use Permit. Any such Special Use that is changed to any permitted use for any
period of time shall not be permitted to resume the Special Use.
Section 16.5 Validity
If any Section, Subsection, sentence, clause, or phrase of this Ordinance is for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Town Council hereby declares that it would have passed this Ordinance and each Section,
Subsection, clause, and phrase thereof, irrespective of the fact that any one or more Sections,
Subsections, sentences, clauses or phrases be declared invalid.
Section 16.6 Effective Date
This Ordinance shall become effective upon its adoption by the Town Council of the Town of
Atlantic Beach, North Carolina."
• ADOPTED this the _ day of , 2000, by the Town Council of the Town of
Atlantic Beach, North Carolina.
Town Clerk
0
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Mayor