Zoning Ordinance Draft-1999

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Division of Coastal Management Copy
- Town of Carolina Beach
Zoning Ordinance
Draft
Prepared by
Town of Carolina Beach
Planning and Zoning Commission
Technical Assistance by
Town of Carolina Beach
Planning and Development Department
And
Glenn Harbeck Associates
Community Planning and Public Involvement
��N 2 51999
July 1, 1999 COASiA�MANAGEMENT

Town of Carolina Beach
Zoning Ordinance
July 1,1999 Draft
TOWN COUNCIL
Ray Rothrock, Mayor
Dennis Barbour, Mayor Pro Tern
Gary Doetstch
Pat Efird
Joel Macon
PLANNING AND ZONING COMMISSION
Charlie Grissom, Chair
Sue Dean, Vice Chair
Dianne Bennett
Bob Doetsch
William (Eddie) Dunman
Jerry Johnson
John Keith
Detley (Lank) Lancaster
Don McCormack
David Smith
PLANNING AND DEVELOPMENT
PROJECT STAFF
Harry Oakes, Director of Planning and Development
Jeff Harris, Town Planner
Jacqueline Major, Administrative Assistant
CONSULTING PLANNER
Glenn Harbeck, AICP
Glenn Harbeck Associates
Wilmington, NC
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 Zone Management Act of
1972, as amended, which is administered by the Office of Ocean and
Coastal Resource Management, National Oceanic and Atmospheric
Administration.

ZQNING
TABLE OF CONTENTS
Table of Contents
ARTICLE1. GENERAL. PROVISIONS...................................................................................................1
1.1
Title.................................................................................................................................................1
1.2
Purpose and Vision Policy ..............................................................................................................1
1.3
Authority .........................................................................................................................................1
1.4
Jurisdiction......................................................................................................................................1
1.5
Effective date...................................................................................................................................1
1.6
Relationship to previously adopted zoning.....................................................................................2
1.7
Effect on pending and fcrture prosecutions... ................................................................................... 2
1.8
Relationship to other laws............................................................................................................... 2
1.9
Relationship to other plans.............................................................................................................2
1.10
No use or sale of land or buildings except in conformity with ordinance provisions and
subdivisionregulations...................................................................................................................2
1.11
Fees...........................................................................................................................I...................... 2
1.12
Severability ......................................................................................................................................3
ARTICLE 2. ZONING DISTRICTS AND Mi AP.......................................................................................4
2.1. Zoning Districts Established........................................................................................................... 4
2.2. Official Zoning Map........................................................................................................................4
2.3. Rules for Interpretation of District Boundaries..............................................................................4
ARTICLE 3. ZONING DISTRICT REGULATIONS..............................................................................6
3.1.
Introduction..................................................................................................................................... 6
3.2.
Zoning Affects Use of Land and Structures.....................................................................................6
3.3
Every lot shall have access to a street.............................................................................................
7
3.4
Rules for determining locations of lot lines.....................................................................................
7
3.5.
Nonconformities may continue........................................................................................................7
3.6.
Subdivision regulation development standards apply.....................................................................
7
3.7.
Zoning Districts Described . ............................................................................................................
8
3.8.
Table ofPermissable Uses............................................................................................................11
3.9.
Dimensional Standards for the Various Zoning Districts.............................................................17
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TABLE OF CONTENTS
Ir Y
ARTICLE 4.OVERLAY DISTRICTS AND OTHER SPECIAL DISTRICTS....................................21
4.1 Central Business District Overlay CBDO
ARTICLE5. RESERVED..........................................................................................................................24
ARTICLE 6. FLOOD ZONE AND CAINIA PROVISIONS.....................................................................25
6.1 Flood zone provision purpose.......................................................................................................25
6.2 CAMA provisions purpose............................................................................................................ 25
ARTICLE 7. OFF-STREET PARKING AND LOADING REQUIREMENTS....................................27
7.1. Off-street parking standards.........................................................................................................27
7.2. Off-street loading requirements.................................................................................................... 31
ARTICLE 3. LAINDSCAPING XNL D BUFFERING................................................................................33
ARTICLE 9. DRAINAGE AND STORMWATER RUNOFF STANDARDS.......................................34
ARTICLE10. RESERVED........................................................................................................................35
ARTICLE 11. SIGN RIND HANDBILL REGULATIONS.....................................................................36
11.1. Purpose and Intent........................................................................................................................36
11.2. Definitions.....................................................................................................................................36
11.3. Schedule of Regulations................................................................................................................39
11.4 Permitted Signs............................................................................................................................. 39
11.5 Additional Allowable Signs and Specifications.............................................................................39
11.6 Prohibited Signs/Displays.............................................................................................................42
11.7. Sign Lighting.................................................................................................................................43
11.8. Additional Regulations/Provisions................................................................................................43
11.9 Sign Regulation and Administration............................................................................................. 46
11.10 Non -Conforming Signs, Illegal Signs, Violations and Penalties ................................................... 46
ARTICLE 12. DEVELOPMENT STANDARDS FOR PARTICULAR USES.....................................47
12.1. Introduction................................................................................................................................... 47
12.2. Development Standards for Particular Uses.................................................................................47
Automobilerepair garages...........................................................................................................47
Bedand breakfast inns.................................................................................................................. 48
Busterminals.................................................................................................................................48
Cemeteries, public and private......................................................................................................48
Commercial outdoor recreation.................................................................................................... 48
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Day nurseries, day care centers, adult day care centers, day care home, or preschool...............48
Flammable liquid storage of up to one thousand (1000) gallons .................................................. 49
Flammable liquid storage of more than one thousand (1000) gallons ......................................... 49
Freightterminals...........................................................................................................................49
Home occupations, customary ......................................................................................................49
Manufacturedhousing..................................................................................................................50
Manufacturing, Assembly and Processing . ................................................................................... 52
Medicaland Dental Clinics..........................................................................................................52
Mixed Use Commercial -Residential. .............................................................................................52
;Motels and Hotels . ........................................................................................................................ 52
Multi -Family Housing...................................................................................................................53
Office. in home.............................................................................................................................. 53
Performance residential development...........................................................................................53
PhotographyStudio.......................................................................................................................53
Restaurants, Standard...................................................................................................................53
Schools, parochial, public, and private elementary and high schools, colleges or seminaries....53
Single-family dwelling subordinate to another permitted use......................................................54
StorageYards, Outdoor................................................................................................................54
Structural encroachments into the public rights-of-way...............................................................54
Swimmingpools, public . ............................................................................................................... 54
Tenniscourts.................................................................................................................................54
Towers, radio, television, and telephone and cellular communication, sharedfacility . ............... 54
Trailer, business............................................................................................................................55
Trailer, temporary construction....................................................................................................55
Trailerpark, travel. ....................................................................................................................... 55
Utility stations or substations, not including service or storage yards, and radio, television,
telephone communication towers..................................................................................................57
Utilitytransmission lines...............................................................................................................58
Vehiclesales lots...........................................................................................................................58
Veterinaryestablishments.............................................................................................................59
ARTICLE13. RESERVED........................................................................................................................60
ARTICLE 14. CONDITIONAL USE PERMIT APPROVAL PROCESS............................................61
14.1. Purpose.........................................................................................................................................61
14.2. Issuance of Permit by Town Council............................................................................................. 61
14.3. Application....................................................................................................................................61
14.5. Review for completeness by the zoning administrator.................................................................. 61
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ZONING TABLE OF CONTENTS
C
14.6.
Planning and Zoning Commission review.....................................................................................62
14.7.
Additional conditions....................................................................................................................62
14.8.
Action by Planning and Zoning Commission................................................................................
62
14.9.
Action by Town Council. ...............................................................................................................
62
14.9.
Denial. ...........................................................................................................................................
63
14.10.
Appeal. ..........................................................................................................................................
63
14.11.
Permit voidance............................................................................................................................64
14.12.
Modifications to approved plan. ........................ ...........................................................................64
ARTICLE15. RESERVED.......................................................................................................................65
ARTICLE 16. PLANNED UNIT DEVELOPMENTS.............................................................................66
16.1
Purpose . .............................................. ..........................................................................................
66
16.2
Review criteria..............................................................................................................................
66
16.3
Procedures for plan submittal, review and approval. ...................................................................
67
16.4
General regulations......................................................................................................................68
16.5
Residential planned unit development regulations........................................................................
69
16.6
Business planned unit development regulations............................................................................70
16.7
Industrial planned unit development regulations..........................................................................71
ARTICLE 17. SITE PLAN REQUIREMENTS AND APPROVALS...................................................73
17.1. Purpose.........................................................................................................................................73
17.2. Compliance with site plan required; no building permit without approved site plan...................73
17.3. Types of projects to which these site plan requirements apply.....................................................73
17.4. Preparation of plans by licensed professional. ............................................................................. 73
17.5. Site plan review submittal requirements.......................................................................................74
17.6. Approval procedure according to whether the project is a permitted use or conditional use ...... 75
17.7. Action upon review........................................................................................................................76
17.8. Number of copies to be submitted................................................................................................. 76
ARTICLE 18. NONCONFORMING SITUATIONS...............................................................................77
18.1 Continuation of nonconforming situations.................................................................................... 77
18.2 Nonconforming lots.......................................................................................................................77
18.3 Extension or enlargement of nonconforming situations, including land uses and buildings . ....... 77
18.4 Change in kind of nonconforming use...........................................................................................79
18.5 Abandonment and discontinuance of nonconforming situations...................................................79
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TABLE OF CONTENTS
ARTICLE 19. ADMINISTRATION, ENFORCEMENT AND REVIEW............................................81
19.1. Administrative Official.................................................................................................................. 81
19.2. Building Permit Required . ............................................................................................................ 81
19.3 Certificate of Compliance (Certificate of Occupancy) Required..................................................81
19.4 Complaints Regarding Violations.................................................................................................81
19.5 Persons Liable...............................................................................................................................81
19.6 Procedures Upon Discovery of Violations....................................................................................81
19.7 _ Penalties and Remedies for Violations..........................................................................................82
19.8 Permit Revocation.........................................................................................................................82
19.9 Judicial Review.............................................................................................................................82
ARTICLE20. RESERVED........................................................................................................................84
ARTICLE 21. BOARD RESPONSIBILITIES AND ADMINISTRATIVE MECHAINISINIS.............85
21.1. Town Council................................................................................................................................85
21.2 Planning and Zoning Commission................................................................................................35
21.3 Board of Adjustment...................................................................................................................... 86
21.4 Board of Architectural Review (BAR)...........................................................................................39
21.5 Town Manager/Zoning Administrator...........................................................................................91
ARTICLE 22. ZONING ORDINANCE TEXT AND MAP AMENDMENTS...................................92
22.1 Authorization to amend; who may initiate....................................................................................92
22.2 Petition for an amendment............................................................................................................ 92
27.3 Action by Planning and Zoning Commission................................................................................92
22.4 Action by Town Council. ............................................................................................................... 93
22.5 Protest petition..............................................................................................................................93
22.6 Resubmission of denied petition.................................................................................................93
22.7 Prohibition of certain testimony ................................94
22.8 Appeals..........................................................................................................................................94
ARTICLE23. DEFINITIONS...................................................................................................................95
23.1. General . ........................................................................................................................................ 95
23.2. Use of Fractions............................................................................................................................ 95
23.3. Definitions.....................................................................................................................................95
Town of Carolina Beach July 1, 1999 Draft Contents Page 5

ZOIV[AfG -fRTICLE 1. GENERAL PROVISIONS
ARTICLE 1. GENERAL PROVISIONS
1.1 Title.
This ordinance shall be known as the Zoning Ordinance of the Town of Carolina Beach, North
Carolina and may be cited as the zoning ordinance. The map herein referred to, which is identified by the
title "Town of Carolina Beach Zoning Map", shall be known and may be cited as the zoning map.
1.2 Purpose and Vision Policy
(a) Purpose. The zoning regulations and districts as set forth herein are designed to lessen congestion
in the streets; secure safety from fire, panic, and other dangers; promote health and the general welfare;
provide adequate light and air; prevent the overcrowding of land; avoid undue congestion of population;
facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public
requirements. They have been designed with consideration given to the character of each district and its
suitability for various uses, with a view toward conserving the value of buildings and property, and for
encouraging the most appropriate use of land throughout the community.
(b) Vision Policy. The zoning regulations and districts as set forth herein are also intended to effectuate
the General Vision Policy of the Town of Carolina Beach, as set forth in the Carolina Beach Land Use
Plan, adopted May 13, 1997 by the Town Council:
We, the residents, business, and property owners of the Town of Carolina Beach, shall seek to
preserve and enhance our community as both an appealing destination resort and year round
place in which to live. We will continually strive to protect and nurture the natural and man-
made features of our community which make it so unique. These features include our
boardwalk/amusement area, marina and boat basin, Carolina Beach Lake, Carolina Beach
State Park, and our stable, permanent single family residential neighborhoods. As the inherent
value of our community continues to increase over the coming years, and the forces of
investment and change influence that growth, the Town's mission shall be to positively direct
growth such that the quality of each of these features is continually enhanced within the
context of a small, family -oriented beach resort town.
1.3 Authority.
(a) The Town of Carolina Beach enacts this ordinance in pursuance of the authority granted by the
General Statutes of North Carolina, G.S. Chapter 160A, Article 19.
(b) Whenever any provision of this ordinance refers to or cites a section of the North Carolina General
Statutes and that section is later amended or superseded, the ordinance shall be deemed amended to refer to
the amended section or the section that most nearly corresponds to the superseded section.
1.4 Jurisdiction.
(a) This ordinance shall be effective throughout the Town's planning jurisdiction. The Town's
planning jurisdiction comprises the area within the corporate boundaries of the Town as well as the Town's
extraterritorial jurisdiction. Such planning jurisdiction may be modified from time to time in accordance
with the North Carolina General Statutes.
(b) A copy of the zoning map showing the boundaries of the Town's planning jurisdiction shall be
available for public inspection in the Planning Department.
1.5 Effective date.
The provisions in,this ordinance were originally adopted and became effective on
Town of Carolina Beach July 1, 1999 Draft

ZONING ARTICLE 1. GENERAL PROVISIONS
1.6 Relationship to previously adopted zoning.
The provisions appearing in this ordinance, so far as they are the same in substance as those of the
Carolina Beach Zoning Ordinance adopted on November 29, 1984 and all amendments adopted subsequent
to the Carolina Beach zoning ordinance adopted on November 29, 1984 and included herein, shall be
considered as continuations thereof and not as new enactments unless otherwise specifically provided.
1.7 Effect on pending and future prosecutions.
All suits at law or in equity and/or all prosecutions resulting from violations of any zoning ordinance
heretofore in effect, which are now pending in any of the courts of the United States or this state 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; any and all violations of the existing zoning ordinances,
prosecutions for which have not been instituted, may be hereafter filed and prosecuted pursuant to the terns
and provisions of this ordinance; and nothing in this ordinance shall be construed to abandon, abate or
dismiss any litigation or prosecution now pending, and/or which heretofore have been instituted or
prosecuted.
1.8 Relationship to other laws.
It is not intended by this ordinance to repeal, abrogate, annul or in any way to impair or interfere with
any existing provisions of law or ordinance, other than the zoning ordinance superseded by this ordinance,
or any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued, in
conformity with law, relating to the use of buildings or premises, nor is it 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 upon the use of buildings or
premises or upon the height of buildings or requires larger yards, courts, or other open spaces than are
imposed or required by such existing provisions of law or ordinance or by such rules, regulations or
permits, or by such easements, covenants or agreements, the provisions of this ordinance shall control.
1.9 Relationship to other plans.
It is the intention of the Council that this ordinance assist in implementing the planning policies
adopted by the Council for the Town and its extraterritorial planning area, including but not limited to the
Carolina Beach Land Use Plan and the Carolina -Kure Beach Thoroughfare Plan, and all updates and
amendments subsequent thereto.
1.10 No use or sale of land or buildings except in conformity with ordinance provisions and
subdivision regulations.
(a) Subject to Article 18 of this ordinance (Non -Conforming Situations), no person may use, occupy,
or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under
his control except in accordance with all of the applicable provisions of this ordinance, and the Carolina
Beach Subdivision Regulations, and subsequent amendments thereto.
(b) For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and
everything that is done to, on, or in that building or land.
1.11 Fees.
(a) Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice
and similar matters may be charged to applicants for zoning permits, conditional use permits, temporary
use permits, driveway permits, ordinance amendments, rezonings, variances and other administrative relief.
The amount of the fees charged shall be as set forth in the Town's budget or as established by resolution of
the Town Council filed in the office of the Town Clerk -
Town of Carolina Beach July 1, 1999 Draft 2

ZONING
ARTICLE 1. GENERAL PROVISIONS
(b) Fees established in accordance with Subsection (a) shall be paid upon submission of a signed
application or notice of appeal.
1.12 Severability.
Should any article, section, subsection, paragraph, sentence, clause, phrase, or district boundary of this
ordinance and/or the zoning map which is a part of this ordinance herein or hereafter adopted be decided by
the courts to be unconstitutional or invalid, such decision shall not affect the validity of these regulations
and the zoning map as a whole or any part thereof other than the part so decided to be unconstitutional or
invalid, the Town Council hereby declares that it would have adopted this ordinance and zoning map,
irrespective of the fact that any one (1) or more articles, sections, subsection, paragraphs, sentences,
clauses, phrases or district boundaries be declared unconstitutional or invalid.
Town of Carolina Beach July 1, 1999 Draft

ZONING ARTICLE 2. ZONING DISTRICTS AND MAP
ARTICLE 2. ZONING DISTRICTS AND MAP
2.1. Zoning Districts Established.
To regulate the height and size of buildings; to regulate the intensity of land usage; to regulate areas for
open space; to regulate the location of land uses; to provide for the improved environment; and to promote
the health, safety and general welfare of its citizens, the Town of Carolina Beach and its extraterritorial
planning jurisdiction are hereby divided into the following zoning districts:
R-1
R-2
R-3
R-C
R-MH
R-MF
M;C-1
CBD
NB
HB
MB
T-1
I-1
2.2. Official Zoning Map.
Residential District
Residential District
Residential District
Conservation District
Residential, Manufactured Home District
Residential, Multi -Family District
Mixed Use, Transitional District
Central Business District
Neighborhood Business District
Highway Business District
Marina Business District
Tourist District
Industrial District
(a) The boundaries of each zoning district are hereby established as shown on the official zoning map
of the Town of Carolina Beach, as amended, which accompanies and is hereby declared to be a part of this
ordinance.
(b) The official zoning map and ordinance shall be properly attested and shall be on file in the office
of the Town Zoning Administrator. Regardless of the existence of purported copies of the official zoning
map, the official zoning map shall be the final authority as to the current zoning status of land, buildings or
other structures in the Town of Carolina Beach and its extraterritorial planning jurisdiction.
(c) If, in accordance with the provisions of this ordinance, changes are made in district boundaries or
other references on the official zoning map, such changes shall be entered on the official zoning reap after
the amendment has been approved by the Town Council. No changes of any nature shall be made on the
official zoning map except in conformity with the procedures set forth in Article 22 of this ordinance.
23. Rules for Interpretation of District Boundaries.
The Zoning Administrator shall decide the exact location of any zoning district boundary lines
whenever uncertainty exists about the boundary lines shown on the official zoning maps, subject to appeal
to the Board of Adjustment provided for in Article 21. The determination of the exact location of a zoning
district boundary shall be based upon the following rules:
(1) Boundaries indicated as approximately following or within a street, alley or railroad right-of-way,
or utilities (electrical, gas, water main, etc.) easement, the boundary shall be construed to be in the
center of such right-of-way easement;
(2) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in
the event of change in the shore lines, shall be construed as moving with the actual shore line;
Town of Carolina Beach July 1, 1999 Draft

ZONING
ARTICLE 3. ZONING DISTRICTS AND MAP
boundaries indicated as approximately following the centerlines of streams, rivers, creeks, or other
bodies of water shall be construed as following such centerlines;
(3) Boundaries indicated as approximately following plotted lot lines shall be construed as following
such lot lines;
(4) Boundaries indicated as approximately following Town limits shall be construed as following
Town limits; and
(5) Boundaries indicated as parallel to or extension of features indicated in subsections (1), (2), (3)
and (4) above shall be so construed. Distances not specifically indicated on the official zoning map
shall be determined by the scale of the map.
(6) In the event that a district boundary line on the zoning map divides a platted lot held in one (1)
ownership on the date of passage of this ordinance, each part of the lot so divided shall be used in
conformity with the district in which such part is located.
Town of Carolina Beach July 1, 1999 Draft 5

ZONING ARTICLE 3. ZONING DISTRICT REGULATIONS
ARTICLE 3. ZONING DISTRICT REGULATIONS
3.1. Introduction
This article contains the specific use and area regulations for each zoning district found in the Town's
planning jurisdiction. The material has been divided into the following sections:
(1) General Requirements for all Districts. (Sections 3.2 to 3.6) Several general statements regarding
standards of development that apply within any of the Town's zoning districts.
(2) Zoning Districts Described. (Section 3.7) The intended application for each district, guiding its
- placement in relation to either existing or proposed development, and setting the density therein,
along with any particular regulations unique to that district.
(3) Table of Permissable uses. (Section 3.8) The listing of land uses permitted by right or by
conditional use in each district.
(4) Table of Dimensional Standards for Lots and Principal Structures. (Section 3.9.1) The tabular
listing of standards concerning lot sizes, setbacks or yards, height limitations and other
dimensional requirements for lots and principal structures in each district.
(5) Table of Dimensional Standards for Accessory Structures. (Section 3.9.2) ) The tabular listing of
standards concerning lot sizes, setbacks or yards, height limitations and other dimensional
requirements for accessory structures in each district.
The use of separate sections to describe the various standards for each district does not relieve any
person from complying with all the requirements for the same district.
3.2. Zoning Affects Use of Land and Structures
The regulations established herein for each district shall be the minimum regulations unless specified
otherwise and shall apply uniformly to each class or kind of land or structure, except as hereinafter
provided.
(1) No land or structure shall be used or occupied, and no structure or parts shall be constructed,
erected, altered, or moved unless in conformity with all of the regulations herein specified for the
district which it is located.
(2) Every building hereafter erected or structurally altered shall be located on a lot meeting the
requirements of the district in which it is located.
(3) A use or building not expressly permitted by right or granted by a conditional use permit shall not
be allowed in a zoning district unless such use is permitted in accordance with section 4.31(b)(2)
(zoning administrator's determination) or sections 18.2 and 18.3 (non -conforming situations)
herein.
(4) The minimum yards, and other open spaces, including the intensity of use provisions contained in
this ordinance, for every building hereafter erected or structurally altered, shall not be encroached
upon or considered as yard, open space requirements, or intensity of use requirements for any
other building unless specifically permitted. This provision shall be adhered to, particularly in the
case of lots which have lost land surface area due to the actions of tidal waters.
(5) Rights -of -way, public or private, for streets and road shall not be considered a part of a lot or open
space, or front, side or rear yard for the purpose of meeting yard requirements.
Town of Carolina Beach July 1, 1999 Draft

ZONING
ARTICLE 3. ZONING DISTRICT REGULATIONS
(6) Jurisdictional wetlands shall not be considered a part of a lot or open space for the purpose of
meeting open space or density requirements.
(7) In no case shall there be more than one (1) principal building and the customary accessory
building on the lot except as may be provided for under Article 14 (Conditional Use).
3.3 Every lot shall have access to a street.
(a) Every structure hereafter erected or moved shall be on a lot adjacent to a street as defined in
Article 23, or to a right-of-way or easement which was platted and recorded prior to the adoption date of
this ordinance. The following are exempt from the requirements of this section:
(1) Lots of record prior to the adoption date of this ordinance that have sufficient area to meet the
minimum requirements of the district in which they are located;
(2) Single- and/or two family dwellings on a lot having access over a private driveway or easement to
a street as defined in Article 23, provided such driveway or easement to a street is an easement
appurtenant solely owned by a lot owner or in common by three (3) or less lot owners.
(b) No building permit for any structure shall be issued which requires NCDOT or Town approval for
a driveway permit until said permit has been approved. Evidence of approval shall accompany the
application for building permit.
3.4 Rules for determining locations of lot lines.
(a) Location of building line when the street line is unknown. Where there is uncertainty as to the
location of a street line, the zoning administrator shall determine such line for the purposes of this
ordinance and all measurements of yards, areas, etc., which depend upon the location of a street line shall
thenceforth be based on such determination, provided that any street width determined hereunder be
uniform for the entire length of the portion of the street about which uncertainty exists.
(b) Location of building lines on irregularly shaped lots. The Zoning Administrator of the Town of
Carolina Beach shall determine the location of front, side and rear building lines on irregularly shaped lots.
Such determinations shall be based on the spirit and intent of the district regulations to achieve spacing and
locations of buildings or groups of buildings on individual lots. This provision shall be adhered to,
particularly in the case of lots which have lost land surface area due to the actions of tidal waters.
3.5. Nonconformities may continue.
(a) Except as restricted in section 3.4(b) above, single-family dwellings may be built on any lot in a
district where residences are permitted, which was recorded prior to the enactment of this ordinance even
though it may not meet the lot width and area requirements established by this ordinance. However, owners
of two contiguous undersized lots, not built upon, shall be required to combine such lots so as to create a
conforming lot prior to development. (See Article 18, Section 18.2 (c) regarding recombination of
nonconforming lots.)
(b) Any lot or structure being used lawfully before this ordinance was enacted may continue to be
used in the same manner after the date of adoption of this ordinance even though such use is not now
permitted under the terms of this ordinance. More specific regulations concerning nonconformities are
given in Article 18 of this ordinance.
3.6. Subdivision regulation development standards apply.
Except as modified and/or waived under the specific zoning district classifications or through
conditional use permit approval, the development standards established in the Town of Carolina Beach
Town of Carolina Beach July 1, 1999 Draft 7

,7ONING
ARTICLE 3. ZONING DISTRICT REGULATIONS
Subdivision Regulations, Sections 4.0 and 5.0, shall apply as applicable, to all new pennitted and/or
conditional use developments within the incorporated limits and extraterritorial jurisdiction of the town.
3.7. Zoning Districts Described.
(a) R-1, Residential District
Purpose. The R-1 district is established to provide for moderate to high -density single family
residential use and other compatible uses. The regulations of this district are intended to
discourage any use which, because of its character, would not be in harmony with the residential
community and which would be detrimental to the residential quality and value of the district.
- (by R-2, Residential District
Purpose. The R-2 district is established to provide for moderate density single family residential
use and other compatible uses. The regulations of this district are intended to discourage any use
which, because of its character, would not be in harmony with the residential community and
which would be detrimental to the residential quality and value of the district.
(c) R-3, Residential District
Purpose. The R-3 district is established to provide for moderate to low density single family
residential use and other compatible uses. The regulations of this district are intended to
discourage any use which, because of its character, would not be in harmony with the residential
community and which would be detrimental to the residential quality and value of the district.
(d) R-C, Natural Resources Conservation District
(1) Purpose. This district is established to preserve the economic, aesthetic, and unique and
irreplaceable natural resource assets of the land, vegetation, surface waters, and underground
waters of this district, while also providing for an environmentally compatible setting for
appropriately designed and located single family residential development. In doing so, the public
health and safety and welfare shall be preserved.
(2) Density.
a. For one single family home: Eighty thousand (80,000) square feet minimum lot size.
b. For cluster developments: Three hundred twenty thousand (320,000) square feet minimum lot
size for four single-family homes.
(3) Standards for Conservation Cluster Development in the R-C District.
a. Residential clusters shall be on single parcels of which at least fifty percent (50%) of the
parcel is net buildable land.
b. No unit in a residential cluster shall be located within twenty (20) feet of the property line.
c. Residential clusters shall be limited to a maximum of four (4) dwelling units per lot.
d. Minimum separation between detached units in the cluster shall be twenty (20) R
(4) Standards for All Development in the R-C District.
a. No structure, paved area, or any part of a ground absorption waste water treatment system
shall be located closer than 50 ft, to any pond, stream, marsh or other wetland. Minor road
crossings shall be allowed only as authorized under the jurisdiction of the Army Corps of
Engineers specifications for access roads.
b. Site alteration shall not occur prior to the issuance of a building permit unless otherwise
authorized. Land disturbing activities, site alteration and tree clearing shall not exceed the
Town of Carolina Beach July 1, 1999 Draft 8

ZONING
ARTICLE 3. ZONING DISTRICT REGULATIONS
minimum necessary to provide for the location of the principal use structure, any accessory
use improvements, driveway access, and utility service improvements, such as septic tank
nitrification fields.
c. Driveways and carports shall be designed to minimize impervious lot coverage and shall be
constructed of only the following materials: clay, stone, gravel, River rock, or semi porous
paving block. Each principal use structure shall be allowed to install one thousand (1000)
square feet of concrete or asphalt parking or accessory use area. The clearing of land to
provide access to a building site shall be minimized, including the clearing of any forest
understory. To use of shared driveways is encouraged. Driveways shall be a maximum width
of twelve (12) feet, and shall follow the natural contour lines of the land in so far as possible.
d. Right of way width for streets shall not exceed forty five (45) feet, including land cleared for
shoulders and drainage; pavement width shall not exceed thirty (30) ft. Curb and gutter
drainage systems shall not be installed in the R C zoning district.
(d) R-MF, Multi -Family Residential District
Purpose. This district is established to provide for moderate to high -density single family and
multi -family residential uses and other compatible uses of varying types and designs. It functions
as an alternative housing type near or in direct relationship to single family detached housing
while in harmony with and maintaining the integrity of the residential district. The regulations of
this district are intended to discourage any use which, because of its character, would not be in
harmony with the residential community and which would be detrimental to the residential quality
and value of the district.
(e) R-Mir, Manufactured housing Residential District
Purpose. This district is established to provide for moderate to high -density single family
residential manufactured housing as well as conventional single family residential housing and
other compatible uses. The regulations of this district are intended to discourage any use which,
because of its character, would not be in harmony with the residential community and which
would be detrimental to the residential quality and value of the district.
(f) MX-1, Mixed Use Transitional District
Purpose. This district is established to provide for an area of transitional land uses between the
central business district iboardwalk area on the east and the main residential areas of Carolina
Beach to the west. This district includes an area of mixed land uses between the intensive,
commercial, central part of town and the quiet residential areas reaching back toward Dow Road.
This district may also be employed as a transitional area between busy major thoroughfares and
quieter residential areas. The regulations of the district seek to maintain a modest scale of
structures, as well as a pedestrian oriented nature, so that uses in the district may provide a suitable
transition from commercial to residential areas. Permitted uses include a mixture of single-family
homes, duplexes, and small-scale office and institutional uses. Small hotels and motels and multi-
family housing of modest density and size may also be permitted in this district.
(g) T-1, Tourist District
Purpose. This district is established to provide land for the town's tourist industry, and as a
complementary district to the CBD Central Business District. The primary land uses intended for
this zoning district are moderate to high -density residential development, as well as hotels, motels
and restaurants.
(h) NB, Neighborhood Business District
Purpose. This district is established to accommodate and provide for the development of small,
pedestrian oriented shopping and service activities providing necessity goods and personal serves
Town of Carolina Beach July 1, 1999 Draft

ZONING
ARTICLE 3. ZONING DISTRICT REGULATIONS
to the immediate neighborhood. Such districts should be located at the intersection of a major
street or collector. Uses in NZ B districts should have architecture and site layouts which are
compatible with nearby residential structures and uses. The regulations of this district are intended
to discourage any use which, because of its character, would not be in harmony with the
residential community or which would be detrimental to the surrounding residential uses.
(i) CBD, Central Business District
Purpose. This district is established to accommodate, protect, rehabilitate and maintain the
traditional central business district and boardwalk area of Carolina Beach. This area
accommodates a wide variety of pedestrian oriented, commercial and service activities including
retail, business, office, professional financial, entertainment, and tourism. The regulations of this
District are intended to encourage the use of land for concentrated development of permitted uses
while maintaining a substantial relationship between land uses and the capacity of the town's
infrastructure. Developments, which would significantly disrupt the historic balance between
pedestrians and automobiles within the district, thereby destroying the pedestrian -oriented nature
of the area, are specifically discouraged. Large, off street parking areas are encouraged to locate
outside the district. Similarly, buildings and structures should have pedestrian -oriented activities at
ground level.
0) HB, Highway Business District
Purpose. This district is established to accommodate businesses oriented toward the motoring
public and which require a high volume of traffic. In many cases, businesses in the HB district
serve the entire community and beyond. For the most part, they are located on major
thoroughfares so that they can be conveniently reached by automobile and to avoid sending heavy
automobile traffic through smaller streets or residential areas. Certain wholesale activities are also
permitted in HB district.
(k) MB, Marina Business District
Purpose. This district is established to reserve areas along the waters edge for maritime uses,
water dependent uses, and water oriented uses. This district also provides for certain residential
and other non -water dependent uses which are closely aligned with water oriented uses. Land
uses, which would wall off the public from public trust waters, are specifically discouraged.
(1) I-1, Industrial District
Purpose. This district is established to provide for warehousing and storage and light industrial
activities compatible with a small, tourist oriented, environmentally sensitive, coastal community.
Light industries are generally characterized as having small physical plants, lower land
requirements and higher worker to land ratios. Such industries typically generate few
objectionable impacts in terms of noise, lights, heavy truck traffic, fumes, smoke, dust, odor or
other similar characteristics. Furthermore, any negative environmental impacts associated with
these industries may generally be mitigated through proper site planning, buffering, and operations
management. This district is located in areas that are readily accessible from major thoroughfares,
so as to minimize traffic impacts on non industrial areas of the community.
(m) FP, Floodplain Overlay District
(1) Purpose. This area is identified on the zoning map as an overlay district to alert all persons
concerned that development within designated floodplains must conform to the "Flood Damage
Prevention Ordinance" of the Town of Carolina Beach. It is the intent of the Town Council of
Carolina Beach to promote the public health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific areas through the enforcement of the above
referenced ordinance.
Town of Carolina Beach July 1, 1999 Draft 10

ZONING
ARTICLE 3. ZONGVG DISTRICT REGULATIONS
(2) Density. The standards of the underlying zoning district shall apply, except as may be required in
any special regulations applicable to this area.
3.8. Table of Permissable Uses
(a) General. The following table sets forth the permitted and conditional uses allowed in each zoning
district.
(1) Permitted by right (P). The letter "P" in the zoning district column opposite the listed use means
the use is permitted by right in the zoning districts in which it appears.
- (2) Conditional uses (C). The letter "C" in the zoning district column opposite the listed use means
that a conditional use permit, as set forth in Article 14 herein, must be obtained before the use may
locate in the district in which it appears.
(b) Use designation.
(1) If a "P" or "C" does not appear in a zoning district column opposite a listed use, the use is not
permitted in that zoning district.
(2) The permitted, not permitted or conditional status of any use not listed in the Table of Uses shall
be determined by the zoning administrator based upon the administrator's comparison of similar
uses as allowed in similar locations. The zoning administrator may refer any unlisted use to the
Board of Adjustment for interpretation. The zoning administrator's determination may also be
appealed to the Board of Adjustment in accordance with the provisions of Article 21 of this
ordinance. No interpretation shall be trade which would change the character of a district relative
to the purpose of such district and the other uses allowed.
Town of Carolina Beach July 1, 1999 Draft I I

USES OF LAND
U
�
A
Um
zm
x
H
Residential Uses
Duplexes
P
P
P
P
P
Manufactured Home Parks Land Lease Conununit See Art 12
P
Manufactured Home on standard single famil lot See Art 12
P
Multi -family dwellings See Art 12
P
C
C
Perfonnance residential development See Art 12 23)
C
C
C
Planned unit development, residential See Art 16
C
C
C
C
C
C
C
C
Single-family detached
P
P
P
P
P
P
P
P
P
Single-family, conservation cluster development See Sec 3.7(d))
C
Single-family,subordinate to a business use See Art 12
C
C
C
C
C
C
Related Residential Uses
Accessory uses and structures, including garages, carports, etc.
(See Art 12 23
P
P
P
P
P
P
P
P
P
Bed and Breakfast Inns See Art 12 23
C
C
C
C
Cabana houses, private
P
P
P
P
P
P
P
P
P
Convents
P
P
P
P
P
C
C
C
Day nurseries, day care centers and preschools See Art 12 23
C
C
C
C
C
C
C
C
Dormitories and fraternity/sororityfraternity/sorority houses
C
C
C
C
C
C
C
C
C
Home occu rations, customary See Art 12 23
P
P
P
P
P
P
P
P
P
P
P
P
Office in home See Art 12
P
P
P
P
P
P
P
P
P
P
P
Swimming pools, private See Art 12 23
P
P
P
P
P
P
P
P
Swiniming pools, public See Art 12 23
C
C
C
C
C
C
C
C
C
C
C
Non -Residential Uses
Adult entertainment establishment See Art 12 23
C
Amusement and entertainment complexes in enclosed buildings
P
P
Amusements arcades ridesgames
C
C
Animal hospitals, with boarding of domestic animals See Art 12
P
Antique Shops
P
P
P
Annories for meetings and training
P
P
P
Art and school supplies
P
P
Art galleries See Art 23
P
P
P
Auctions sales
P
P
Auditoriums
P
P
P
t'jCable of Permissable Uses P=PtslthtITTGD.
C=May be permitted with CONDITIONS.

USES OF LAND
z
U"
H
Automobile repair garages, including engine overhauls, body and
paint shops and similar operations in enclosed buildings (See Art
12,23)
P
P
Automobile service stations
P
P
Bakeries retail off -premise sales
P
P
Bakeries, retail, on -premise sales only
P
P
P
Banks/financial institutions, including; drive up teller windows
P
P
Barber shops
P
P
P
Bars and taverns See Art 12
C
C
C
C
C
Beauty shops
_
P
P
P
Bus Terminal See Art 12
P
P
Cafeteria or dining room for employees of permitted uses
C
Candy stores
P
P
P
Car wash See Art 23
P
Cemeteries public and private See Art 12
C
Churches/places of worship/parish houses
C
C
C
C
C
C
P
C
Clubs and grounds for games orsports, not for conunercial gain
P
P
C
Commercial indoor recreation, such as bowling alleys, etc.
P
Commercial outdoor recreation, such as miniature golf, golf
driving ranges, par-3 golf courses, go carts and similar
enter wises see Art 12
P
Community buildings
C
P
P
P
P
Contractors offices no outdoor storage
P
P
P
Drug stores
P
P
P
Dry goods stores
P
P
Dwelling for caretaker on premises where employed
P
P
P
Exhibition buildings
C
P
P
Exterminator service
P
P
Exterminator service business offices, no outdoor storage of
materials or equipment
P
P
P
Fire stations, emergency services, non-profit
C
C
C
C
C
C
C
C
C
Fishingpiers; public and private
P
Florist shops, wholesale and retail
P
C
frozen food stores, including locker rental
P
P
Funeral homes
P
P
Garden supply and seed stores
P
P
P
17, Table of Permissable Uses P=PERMITTED. C=May be permitted with CONDITIONS.

USES OF LAND
4
a
a
sx
a
a
4
�
u
z
Gardens arboretums and greenhouses, items for sale
P
P
P
P
Gardens arboretums and greenhouses, no items for sale
P
P
P
P
P
P
P
P
P
P
Grocery stores, meat markets, bakeries and delicatessens, retail
on -premises only
P
P
P
IIardware stores
P
P
P
Hobby shops
P
P
P
Ice-crea►n store
P
P
P
Laboratories, testing and research
P
P
Laundries and dry cleaning plants, delivery by conuuercial
vehicles
P
P
Laundries and dry cleaning, delivered by customers
P
P
P
Laundromats self-service
P
P
P
Libraries
P
P
P
Locksmiths and gunsmiths
P
P
P
Mail order houses
P
P
Manufacturing incidental to retail business, sold on premises only,
maximum of five manufacturing operators
P
P
P
Marinas docks and/or piers private
P
C
P
Marinas docks and/or piers, public or commercial
C
C
C
Medical and dental clinics
P
P
P
P
Meeting facilities fraternal and/or civic
C
C
C
C
C
C
P
P
Mini -warehouse
C
P
Mixed use commercial -residential See Art 12
C
C
C
C
C
C
Mixed use planned development See Art 16
C
C
C
C
C
C
Monument and cut stories sales, provided no cutting or dressing of
Stolle on premises
P
Motels and hotels (See Art 12)
C
C
C
C
C
Motels and hotels operated with a marina
C
Museums
P
P
P
P
Nursery, jjarden and landscaping display lay & sales
P
P
Offices public, private or civic
C
P
P
P
P
Paint and wallpaper stores
P
P
Parking and loading areas serving uses in the same zoning district,
on same or couliguous lot (See Art 7)
P
P
P
P
P
P
P
P
P
P
P
P
P
Parking and loading areas serving uses in the same zoning district,
on non-contiguous lot See Art 7
C
C
C
C
C
C
C
C
C
C
C
C
C
'Fable of Pennissable Uses P=111C11M17"fGn.
C=May be permitted with CONDITIONS.

USES OF LAND
N
M
=
a
z
It
a
sx
a
a
a
a
U10
Parks, playgrounds and recreation buildings, public (See Art 12)
C
C
C
C
C
C
P
P
P
P
Pet shops & pet supply stores
P
P
Photographic studio See Art 12)
C
P
P
P
Planned unit development, business See Art 16
C
C
C
C
Planned unit development, mixed use (See Art 16)
C
C
C
C
C
Plumbing shops
P
P
Police stations
P
P
P
Post offices
P
P
P
Postal Mailing Services, Commercial
P
P
P
Printin [Re ro gra phics
P
P
P
Public Buildings
P
P
P
P
Radio, television and appliance repairs and rental service
P
P
Rental of any item the sale of which is permitted in the district
P
P
P
Repair of any item the sale of which is permitted in the district
1'
P
Retail Sales, boutiques, clothing shops, gift shops, sporting goods,
etc.
P
P
Restaurant standard See Art 12)
C
C
C
C
C
Restaurants, drive-in
C
Schools conmmercial forspecialized training
P
P
P
Schools public See Art 12
C
C
C
C
C
C
C
C
C
Schools private, general instruction See Art 12
C
C
C
Seafood production and/or processing and/or dockage, wholesale
and retail
C
C
Shoe repair shops
P
P
Structural encroachments into the public right of way See Art 12)
P
Studios, artist, designers, gymnasts, musicians, sculptures
C
P
P
Tailor shops
P
P
P
Telephone Exchange
P
P
P
Tennis courts See Art 12
C
C
C
C
C
C
C
C
C
C
C
in enclosed structure
P
P
_Theaters,
Theaters, open air drama
C
C
C
Tobacco shops
P
P
Towers communication shared facility
C
C
Trailer, usiness See Art 12, 23)
C
"Trailer park, travel (See Art 12, 23)
C
Trailer, temporary construction See Art 12
P
P
P
P I
P 1
P
P
P
P
P
P
P
P
Table of Permissabie ilses P=PERMITTED.
C=May be permitted with CONDITIONS.

USES OF LAND
N
M
�
a
U
z
x
,�
&;
14
Utilities transmission lines, public (See Art 12)
C
C
C
C
C
C
C
C
C
C
C
C
C
Utility stations, not including service or storage yards (See Art 12)
C
C
C
C
C
C
C
C
C
C
C
C
C
Vehicle sales lot (See Art 12)
P
P
Veterinary establishments (See Art 12)
P
1,
Water oriented businesses
C
Wholesale sales
P
P
Wine and beer shops
P
P
Manufacturing, Assembly and Processing (See Art 12)
Beverages, bottling works
P
Assembly and repair of blinds and awnings
P
P
Assembly of electrical appliances, instruments and devices, small
parts only
P
Flammable liquid storage, >1,000 gals, aboveground only. (See
Art 12
C
Freight terminals See Art 12)
P
P
Ice manufacture sales and storage
P
P
Manufacturing and assembly, compounding, processing, and
packaging, except those uses identified in Art 12.
P
Planned development, industrial
C
C
Sin painting and sign fabrication
P
P
Storage yard, outdoor See Art 12
C
P
Warehouses storage. large
P
Warehouses, storage. mini
P
Wholesales establishments
P
Woodworking shops
P
o. Table of Permissable Uses P=PettMn-rcD.
C=May be permitted with CONDITIONS.

ZONING ARTICLE 3. ZONING DISTRICT REGULATIONS
3.9. Dimensional Standards for the Various Zoning Districts
(a) Dimensional Standards Tables. Immediately following the text below, are two tables which set
forth the required area and dimensional standards associated with each district. The two tables are:
Table 3.9.1 Dimensional Standards for Lots and Principal Structures
Table 3.9.2 Dimensional Standards for Accessory Structures
(b) Other Special Dimensional Standards. In addition to the dimensional standards set forth in Tables
3.9.1 and 3.9.2, the following special dimensional standards are established.
(1) Corner lots. All comer lots shall provide a side yard of fifty (50) percent of the front yard depth
of the zoning district in which located and not less than twelve and one half (12.5) ft. Accessory
structures shall also be subject to this requirement.
(2) Front yards on through lots. On through lots, the minimum front yards for the respective zoning
districts shall apply wherever such lot(s) have frontage on a street.
(3) Sight distance at intersections. On comers lots, no planting, fence, wall, sign or structure shall
obstruct the vision more than 3 ft in height within a triangular area formed by 30 ft. measured
along the intersecting streets rights of way and joined together by a connecting straight line.
Structures deemed essential for public utilities, as determined by the Director of Public Works,
may be exempt.
(5) Reduction of required lot area. Where lots abut the estuarine and/or ocean tidal waters, as defined
in article 23, and where lot depth has been lost due to the encroachment of such waters, making
such lot area nonconforming to the zoning district requirements, the existing lot area may be
considered conforming to meet the minimum lot area requirements of the zoning district in which
located. However, the front and side yards of the zoning district shall apply. Lots which have lost
area due to estuarine and ocean tidal waters or Carolina Beach Erosion Control and Hurricane
wave protection projects may be developed in accordance with all applicable penmitted uses of the
zoning district in which located, provided that the actual lot area above the mean high water level
shall be utilized when computing the density for multi family dwellings per lot. The zoning
administrator shall make the determination of actual lot area.
(6) Allowable intrusions into required yard setbacks for residential zones. Architectural
embellishments such as roof overhangs, heat pumps, heating and air-conditioning units,
cantilevered balconies for decks, and bay or box windows may intrude into the required setbacks
by no more than two and one-half (2.5) feet. Only the toe or termination of a set of stairs may
encroach two and one-half (2.5) feet beyond the required setback. It is not the intent of this
provision to allow or encourage structures to overbuild on lots but, rather, to accommodate special
situations relative to the second -floor and other upper floors, or structures.
(7) Exceptions to height requirements. Exceptions to the building heights are as follows:
a. In zoning districts where permitted, the standard building height limitation may be exceeded
upon review and approval of a conditional use permit. As a minimum requirement for a
conditional use permit, any structure or building which exceeds the standard height limitation
shall be set back an additional one (1) foot on all sides for every one (1) ft. of height above the
standard height limitation.
b. The exterior of parapet walls and cornices not more than five feet (5) fL above the maximum
height established within the zoning district.
c. Appurtenant structures on roofs (skylights, domes, flagpoles, cooling towers and structures
for housing elevator equipment, stairways, tanks, fans, air-conditioning or similar equipment
required for the operation or maintenance of buildings) may be erected above the maximum
Town of Carolina Beach July 1, 1999 Draft 17

ZONING
ARTICLE 3. ZONING DISTRICT REGULATIONS
height requirements if placed on the roof of the buildings to which the such structure is of
appurtenant.
d. Freestanding chimneys, tanks, smokestacks and similar structures which are structurally
independent of the building located directly upon the land and are a necessity to the operation
of the building, as determined by the building inspector, may be erected above the maximum
height requirements subject to the provisions of paragraph (b)(2) above.
e. Regulations, including height limitations, for cellular communication towers and similar such
structures are set forth in Article 12 Development Standards for Particular Uses.
Town of Carolina Beach July 1, 1999 Draft 13

Section 3.9.1 Dimensional Standards for Lots and Principal Structures
IV 1A. 1 n 1 M-tancimnal Ctantlnrrlc fnr I.ntc stnrl Princinal Structures. Residential Districts
l NF/�v ✓./.
Zoning
♦ Yap.. a... yay..N• v
Primary
Alin. Lot
Alin. Lot
__ ___
Mill.
_ _
Performance
Max.
Max. Lot
District
Permitted Uses
Size
Width6
Front Yd.
Min. Rear Yard
Min. Side Yards ,
Residential
Height
Coverage
'
Max. Density
R-1
Single -Family
5,000 sq.ft.
50 ft.
20 ft.
10 ft.
7.5 ft.
8.7 uniWacre
35 ft.t
40%
R-2
Single -Family
7,000 sq.ft.
70 ft.
25 ft.
10 ft.
7.5 ft.
6.2 units/acre
35 ft.
40%
R-3
Single -Family
12,000 sq.ft.
80 ft.
25 ft.
10 ft.
7.5 ft.
3.6 uniWacre
35 ft.'
40%
R-C
Conservation
80,000 sq.ft
200 ft.
30 ft.
20 ft.
20 ft.
0.5 units/acre
35 ft.'
15%
Single Family
R-Mll
Manufactured Homes
5000 sq.ft.
50 ft.
20 ft.
10 ft.
7.5 ft.
8.7 units/acre
35 ft.
40%
Single Family /Du lex
R-MF
Multi -Family
5,000 sq.ft.
50 ft.
10 ft.
10 ft.
7.5 ft.
17 units/acre
35 ft.
40%
Sin gle-Famil /Du lex
MX-1
Single Family/Duplex
5,000 sq.ft.
50 ft.
20 ft.
10 ft.,
7.5 ft.'
8.7 units/acre
35 ft.'
40%
Offices/Multi-Family
Table 3 9 1 Dimensional Standards for Lots and Principal Structures, Other Districts
Zoning
Primary
Min. Lot
Alin. Lot
Min.
Max.
Max. Lot
District
Permitted Uses
Size
Width'
Front
Alin. Rear Yard
Alin. Side Yards
Alax. Density
height
Coverage
Yard
CBD
Commercial Uses
None
None
None
None, or same as abutting
None, or same as abutting
NA
See
None
Services, Entertainment
residential use or district.
residential use or district.3
Art 4
NB
Neighborhood Goods
None
None
30 ft.
None, or same as abutting
None, or same as abutting
NA
35 ft.
None
and Services
residential use or district.'
residential use or district .3
1111
Highway Commercial
10,000 sq.ft.
100 ft.
30 ft.
20 ft.3
10 ft.,
NA
35 ft.'
60%
Al
Water -Oriented
10,000 sq.ft.
100 ft.
30 ft.
10 ft.
10 ft.
NA
35 ft.
40%
Businesses, Single -
Family, Duplex
T-1
Hotels and Motels
25,000 sq.ft.
100 ft.
60 traits/acre
Restaurants/Businesses
6,000 sq.ft.
50 ft.
20 ft.
10 ft.,
10 ft.,
35 ft.2
40%
Single/Multi-Family
6,000 sq.ft.
50 ft.
29 units/acre
I-1
Industrial
None. (Min.
None.
30 ft.'
None.
None
None
35 ft.Z
None
district size:
*20 ft. if lot line abuts a
*20 ft. if lot line abuts a
5 acres) —residential
lot or use.3
residential lot or use.3
Table Footnotes:
1 Maximum height thirty-five (35) ft. plus an additional ten (10) ft. for roof pitch only. No portion exceeding height may be utilized as livable area.
Height limits in this district are fixed and may not be increased through issuance of a conditional use permit.
2 In this district, the standard thirty-five (35) foot building height limitation may be exceeded upon review and approval of a conditional use permit. As a
minimum requirement for a conditional use permit, any structure or building, the height of which exceeds thirty-five (35) ft., shall be set back an
additional one (1) foot on all sides for every one (1) It. of height above thirty-five (35) fit.
3 Where a non-residential use abuts a residential district or existing residence, a buffer shall be installed in the required setback area in accordance with
the requirements of Article 8.
4 Front yard setback is fifty (50) feet if abutting a major thoroughfare.
Dimensional SlauelarelsJur the; Various Zoning Districts

Section 3.9.2 Dimensional Standards for Accessory Structures
(a) General Standards for Accessory Structures in Residential Districts.
(1) Maximum Height of Accessory Structure: One (1) Story
(2) Setbacks: Accessory structures shall not be permitted within any required front or side yard, or within five (5) feet of the rear lot line.
(b) Table 3.9.2 Lot Coverage Standards for Accessory Structures in Residential Districts
(1) IVithin Residential (R) Districts and the Aff-I Afixed Use District.
Accessory structures shall conform to the following standards in the designated zone districts:
Zoning
District
Lot Size
Maximum Allowable
Lot Coverage of
Structures
40% Maximum
Allowable Lot
Coverage
75% of Max. Allowable
Lot coverage allocated to
Single-Fautily Dwelling
25% of Maximum
Allowable Lot
Coverage allocated to
Accessory Building
R-1
5,000 sq.ft.
40%
2,000 sq.ft.
1,500 sq.ft.
500 sq.ft.
R-2
7,000 sq.ft.
40%
2,800 sq.ft.
2,100 sq.ft.
700 sq.ft.
R-3
12,000 sq.ft.
40%
4,800 sq.ft.
3,600 sq.ft.
1,200 sq.ft.
R-C
80,000 sq.ft
6%
4,800 sq.ft.
3,600 sq.ft.
1,200 sq.ft.
R-MII
5,000 sq.ft.
40%
2,000 sq.ft.
1,500 sq.ft.
500 sq.ft.
R-A1F
5,000 sq.ft.
40%
2,000 sq.ft.
1,500 sq.ft.
500 sq.ft.
MX-1
5,000 sq.ft.
40%
2,000 sq.ft.
1,500 sq.ft.
500 sq.ft.
(c) Standards for Accessory Structures in Non -Residential Districts
(1) Within the AfB Marina Business District:
Accessory structures, in conjunction with single-family lots only, shall not exceed one (1) story in height and shall not be permitted within any required front or side
yard, nor within five (5) feet of any lot line. Accessory structures may occupy no more than thirty (30)% of the area of the required rear yard.
(2) Within the T-I Tourist District:
Accessory structures shall not exceed one (1) story in height. Accessory structures shall not be permitted within any required front or side yard, or within five (5) feet
of any lot line. Accessory structures may occupy no more than thirty (30) percent of the area of the required rear yard.
(d) Lot Coverage Standards for Swimming Pools in all zoning Districts
Private swinuning pools and their associated decks, fencing, and equipment are exempted front the lot coverage requirements of this ordinance.
o Diurcnsiunul.Stuntlurds fr�r the Various Zoning Districts

ZONING ARTICLE 4. OVERLAY DISTRICTS AND SPECIAL DISTRICTS
ARTICLE 4. OVERLAY DISTRICTS AND OTHER SPECIAL DISTRICTS
4.1 Central Business District Overlay (CBDO)
(a) Establishment of the Central Business District Overlay. The Central Business District Overlay
(CBDO) is established pursuant to Article 19 of Chapter 106A- 382 of the General Statutes of North
Carolina.
(b) Purpose. The Central Business District Overlay (CBDO) is established for the purpose of
protecting and preserving areas which, as a result of architectural significance, historic importance, and
overall aesthetic qualities, are important elements of the character, tradition and heritage of the town,
county, and state; safeguarding the traditional character and reemphasizing the natural strengths of the
district as a whole and individual property therein which embodies important social economic, cultural and
architectural traditions of the district; promoting the conservation of the town's resources for the continued
use, education, pleasure, and enrichment of the residents of the district and the town, county, and state as a
whole; and stabilizing and revitalizing property values, and thereby contributing to the improvement of the
general welfare and economic growth of the Town of Carolina Beach.
(c) District Provisions: The CBDO is established as a district, which overlaps other zoning districts,
established by the town codes. The extent and boundaries of the CBDO shall be indicated on the official
zoning map for the Town of Carolina Beach. While the CBDO may overlap any zoning district
classification, or portion thereof, established by the town codes, the existing land use provisions and
requirements of the underlying district shall prevail in the development of any property within such district;
however, before work is begun on any construction, alteration, demolition, moving or any other activity
commenced that would substantially alter the appearance of character of any appurtenant feature of an
existing structure or of the district, a certification of appropriateness, in accordance with the requirements
as specified herein shall be issued by the Board of Architectural Review (BAR) prior to the issuance of any
building permit or other permit required by the Town of Carolina Beach.
(d) Board of Architectural Review: The duties and responsibilities of the Board of Architectural
Review with respect to the CBDO and other matters are set forth in Article 21 of this chapter.
(e) Uniform Development Standards of the Central Business District Overlay Area: The following
standards shall apply to all uses within the CBDO Area:
(1) Structures adjacent to the Public Streets with sidewalks.
a. Use of outside seating
All fencing or other types of approved perimeter partitions shall be temporary, not affixed to
the sidewalk, capable of being easily removed as a result of emergency situations or
maintenance. No fencing or other forms of approved perimeter partitions shall exceed the
vertical heights of three (3) feet, expand beyond the width of the limits of the structure front
facade, and shall not protrude within the public sidewalk area to a distance which would leave
less than four (4) feet of sidewalk width remaining for public pedestrian walkway. No seating
shall be affixed to the sidewalk area.
b. Cantilevered decks
1. Cantilevered decks above and over the public sidewalk area shall not extend more than
three and one half (3-1/2) feet outward from the adjacent front structure facade; nor
beyond the width of the limits of the structure front facade, and shall leave a minimum
clearance of ten (10) feet from the adjacent ground/sidewalk elevation to the lowest
portion of the cantilevered deck.
2. No signage, lights, or other fortes of advertisement shall be attached to any approved
encroachments.
Town of Carolina Beach Julv 1, 1999 Draft 21

ZONING ARTICLE 4. OVERLAY DISTRICTS AND SPECIAL DISTRICTS
(2) Opposing structures separated by public sidewalks.
a. Use of outside seating
1. All fencing or other types of approved perimeter partitions for seating enclosures shall be
temporary, not affixed to the sidewalk area, capable of being easily removed as a result of
emergency situations or maintenance. No fencing or other forms of approved perimeter
partitions shall exceed the vertical height of three (3) feet, extend beyond the width of the
limits of the structure front facade, and shall have a minimum distance often (10) feet
separation between opposing structure and/or opposing fencing/partitions of a seating
area. No seating shall be affixed to the sidewalk area.
_ b. Cantilevered decks
1. Cantilevered decks protruding above and over the public sidewalk area shall not expand
more than three and one half (3-1/2) feet outward from the adjacent front structure
facade, nor beyond the width of the limits of the structure front facade, and shall leave a
minimum clearance often (10) feet from the adjacent sidewalk elevation to the lowest
portion of the cantilevered deck.
2. No signage, lights, or other forms of advertisement shall be attached to any approved
encroachment.
(3) Structures adjacent to/Fronting on the Ocean
a. Use of outside seating
All fencing or other forms of approved perimeter partitions shall be temporary, not
affixed to the sidewalk, capable of being easily removed as a result of emergency
situations or maintenance. No fencing or other forms of approved perimeter partitions
shall exceed the vertical height of three (3) feet, extend beyond the width of the limits of
the structure front facade, and shall not protrude into the public sidewalk area to a
distance which would leave less than six (6) feet of sidewalk width remaining for public
pedestrian walkway. No seating shall be affixed to the sidewalk area.
b. Decking
All allowable decking shall extend from the front facade of the structure outward over the
public sidewalk area but not extending beyond the "Carolina Beach Building Line".
Support columns are only allowed under the deck where it connects to the building
facade and its termination point on the eastward edge of the concrete sidewalks. Support
columns at the deck terminus shall be located on the east side of the concrete walkway
but shall not encroach past the "Carolina Beach Building Line". All decking shall have a
minimum horizontal clearance of ten (10) feet from the ground and/or sidewalk elevation
to the lowest portion of the deck. The deck width shall be restricted to the limits of the
structure front facade. Walkways, where feasible, extending from the elevated decking,
not exceeding six (6) feet in width, shall be provided to the Towns northisouth ocean
front walkway for access. No roofing or covering shall be provided over the decking area.
However, individual table covering umbrellas of uniform height may be utilized.
(4) Recommended CBD Height Restrictions Guidelines:
a. Sector "A" Structures and/or properties fronting on the Ocean Boardwalk Area 35 ft. plus 10
ft. additional to allow for an attractive roof form.
b. Sector " B" Structures and/or properties lying west of the Oceanfront structures and/or
properties and east of and adjacent to Carolina Beach Avenue North and South Boardwalk
walkway 60 feet plus 10 ft. additional to allow for an attractive roof form.
Town of Carolina Beach July 1, 1999 Draft 22

ZONING ARTICLE 4. OVERLAY DISTRICTS AND SPECIAL DISTRICTS
Note: Regardless of Sector, any proposed structure exceeding 35 feet in height shall be
subject to Conditional Use Permit Approval. All structures shall be subject to N.C. Building
Codes and other applicable local, state, and federal regulations.
5) All construction shall be subject to the N.C. Building Codes. In addition, oceanfront decking
allowances and construction standards shall be subject to N.C. Coastal Area Management Act
regulations. Types of building materials, construction standards and size of structures may vary
based upon applicable local state, and federal regulations. However, the B.A.R shall reasonably
require uniformity.
Town of Carolina Beach July 1, 1999 Draft 23

ZONING
ARTICLE 5. RESERVED
ARTICLE 5. RESERVED.
Town of Carolina Beach Julv 1, 1999 Drat 24

ZONING ARTICLE 6. FLOOD ZONE AND CA11A PROVISIONS
ARTICLE 6. FLOOD ZONE AND CAIMA PROVISIONS
Cross reference -Flood damage prevention, s 12-166 et seq.
6.1 Flood zone provision purpose.
It is the purpose of this section to promote the public health, safety, and general welfare and to
minimize public and private losses due to flood conditions by restricting or prohibiting uses which are
dangerous to health, safety, and property due to water or erosion or in flood heights or velocities and
further regulate such uses along with control of alteration of flood plains or other resources so as to achieve
this end.
(a) Flood damage prevention ordinances. This ordinance shall be utilized as the required standards for
all flood related matters affecting construction, reconstruction, and other development within the
established special flood hazard areas as shown on Flood Hazard Boundary Map 401, dated May 2, 1975
shown on Flood Hazard Boundary Map, 401, dated May 2,1975 (revised) for Community Number
375357B. For the purposes of this article, the flood damage prevention ordinance adopted by the town
council on January, 1978 shall be incorporated into wid made a part of this article by reference and shall be
adhered to and in the event of conflict with other codes or ordinances currently or to be adopted in force,
the more stringent code, ordinance or other standard shall be adhered to. This ordinance shall be available
for public inspection in the offices of the town clerk and building inspector.
(b) Amendments. In the event that the above referenced ordinance is amended or otherwise changed,
for the purposes of this article, the amendment or change shall also be incorporated into this article by
reference and shall remain in force.
6.2 CAINU provisions purpose.
In keeping with the national objectives to preserve our natural resources along the coastal areas, the
town subscribes to the provisions of the Coastal Area management Act adopted by the North Carolina
General Assembly. All coastal areas are required to enforce the provisions of the act and subsequent
administrative requirements and for purposes of this article, the following shall be adhered to:
(a) AEC [area of environmental concern] Overlay District. This district is established for those areas
designated as areas of environmental concern or interior areas of environmental concern as described by
Chapter 15 of the North Carolina Administrative Code, Subchapter 7H. This district shall co -exist with anv
and all other use districts and in the event of conflict with the requirements of this district and any other
district requirements, the more restrictive requirements shall take precedence over the requirements of the
conflicting district(s) regulations. All requirements of the AEC overlay district and other districts shall be
resolved by the designated official responsible for carrying out the requirements of Chapter 113A, Article 7
of the North Carolina General Statutes and such resolutions of conflict shall be stated in writing not less
than ten (10) days after such resolution with copies of the determination available to all parties and/or
persons affected by district shall be determined by the above designated official in accordance with
statements, maps, and other documents as provided by the above, and shall be included with the official
zoning map of the Town of Carolina Beach either by reference or appended hereto:
(1) Permitted uses. All uses permitted by the district regulations contained in Article 200 provided
that all other ordinance requirements are complied with prior to the issuance of the required
permits for the proposed use.
(2) Required yards. As required by the district regulations contained in this ordinance.
(3) Sign regulations. All yard requirements shall be complied with as specified in the applicable
zoning district and/or building line and/or AEC Overlay District.
Town of Carolina Beach July 1, 1999 Draft 25

ZONING
ARTICLE 6. FLOOD ZONE AND C,-1MA PROVISIONS
(4) Off-street parking requirements. The off-street parking requirements of the applicable zoning
district and/or permitted use shall be complied with.
(b) AEC [area of environmental concern]. A geographic area established by the Coastal Resources
Commission of the State of North Carolina or its successor that possesses certain resources and/or qualities
further identified in Chapter 113A of the North Carolina General Statutes, and Chapter 15 of the North
Carolina Administrative Code, Subchapter 7H. Such areas may include singly or a combination of coastal
wetlands, estuarine waters, renewable resource areas such as watersheds or aquifers, prime forestry lands,
areas where it has been determined that a generalized condition of water depletion or air pollution exists,
fragile or'historic areas where incompatible development could result in major or irreversible damage to
cultural, scientific, or scenic values or natural systems such as existing national or state parks, areas
acquired or designated for acquisition by the governmeriml agency for the above reasons and other
geographic areas which are designated as areas of environmental concern pursuant to Chapter 15 of the
North Carolina Administrative Code, Subchapter 7Y,.
(c) Enforcement.
(1) Prior to issuance of a'building or other required permit for any new construction and/or
repair/alteration, the building inspector, in his capacity as the designated official responsible for
minor development permits, shall determine the applicability of the provisions of Chapter 113A,
Article 7 of the North Carolina General Statutes and especially the State Guidelines for Areas of
Environmental Concern (AEC) (15 NCAC 7H) in reference to the property that the permit is being
applied for, and if the subject property is located within an area of environmental concern, the
inspector shall state this determination in writing and advise the applicant and/or owner of the
property that the provisions of the CAMA must be complied with satisfactorily prior to the
issuance of a building permit. If the subject property is not located within an AEC, the inspector
shall state this determination in writing and advise the applicant and/or owner of this
determination. All determinations made under this section shall state the exact question by
appropriate reference and shall be made available to the applicant and/or owner along with a copy
kept on file in the inspection department as public record.
(2) For all developments that require either a conditional use permit or other plan or drawing to be
recorded prior to construction or development, the following certificate shall appear (lettered or
stamped) on the face of such plan or drawing:
CERTIFICATE OF COMPLIANCE WITH COASTAL AREA MANAGEMENT STANDARDS
I, , the duly designated local official (minor permit officer) pursuant to the requirements of the
Coastal Area Management Act, as enumerated in Chapter 15 of the North Carolina Administrative Code,
Subchapter 7H, hereby certify that this plan or plat meets the requirements of the toles, regulations, and
guidelines of this aforementioned, as applicable.
Date Building Inspector
Town of Carolina Beach
Town of Carolina Beach July 1, 1999 Draft 26

ZONING ARTICLE 7. OFF-STREET PARKING AND LOADING
ARTICLE 7. OFF-STREET PARKING AND LOADING REQUIREMENTS
7.1. Off-street parking standards.
(a) Purpose. The purpose of this section is to provide off-street parking standards which will alleviate
traffic congestion in the streets and promote safe and unrestricted traffic flow; provide for the efficient
storage of vehicles while minimizing the detrimental effects of off-street parking on adjacent properties;
control the impacts of stormwater drainage and soil erosion and promote visual enhancement through
adequate landscaping, and assure the proper and adequate development of off-street parking throughout the
town and its environs.
(b) Applicability. The off-street parking standards contained herein shall apply to all new buildings
and uses, change of ownership and uses, and expansions, additions and renovations to existing structures
and uses.
(c) Impact fees in lieu of meeting parking requirements. In the B-1 and A-1 commercial zoning
districts, where sufficient area is not available on -site and/or off -site to meet the parking requirements, as
specified herein, the owner of the proposed use shall submit a parking impact fee in the amount as
established by the Town Council and as specified within this ordinance, to be applied to municipal funds
designated for land acquisition and/or the construction of parking facilities within the near vicinity to
eventually serve the proposed use. Parking impact fees shall remain assigned to the structure/use. Should
the use change to another use, the new use shall only be responsible for the parking impact fees required
which exceed those previously assigned to the initial use. Parking impact fees may be submitted in lieu of
required on -site or off -site parking in other zoning districts with approval of Town Council after exhausting
all other possible means to provide parking.
(d) Off-street parking space schedule.
Types of Uses
Minimum Required Parkin
Adult day care centers
1 space for each 5 participants plus 1 space per
employee
Auditoriums, stadiums, assembly halls,
1 space per each 4 seats in largest assembly room or
gymnasiums, theaters, community recreation
area, or 1 space for each 40 square feet of floor area,
centers, churches, convention
whichever is greater
Automobile service stations
1 space per each gasoline pump plus 1 space per each
service bay, driveway access to pumps and bays shall
not be counted as off-street parkin2 space
Banks and similar financial institutions
1 sipace per each 100 square feet of cross floor area
T es of Uses
Minimum Re uired Parkin Space
Bars and taverns
1 space per each 3 seats or per each 65 square feet of
gross floor area, exclusive of restrooms and kitchen
facilities, whichever is greater, plus 1 space for each 2
employees
Commercial marinas
1 space per each wet boat storage space and 1 space per
each 2 dry boat storage spaces, 1 space per each service
bay, 1 space for every 40 square feet of boat show
display or assembly area, 1 space per 2 employees, plus
required parking for all other on -site uses (restaurants,
boat sales, etc.
Day nurseries, day care centers and preschools
1 space for each 5 participants or pupils, plus 1 space
per each employee
Dormitories
1 space per each resident. plus 1 space per employee
Drive-in facilities
1 space per each 3 seats or per 66 feet of gross floor
area, exclusive of restrooms and kitchen facilities,
whichever is greater
Town of Carolina Beach July 1, 1999 Draft 27

ZONING
.ARTICLE 7. OFF-STREET PARKING .AND LOADING
Types of Uses
i9inimum Required Parkin
Dwelling, multifamily:
(a) One (1) bedroom unit
1.5 spaces, unobstructed
(b) Two 2) or more bedroom units
2 spaces, unobstructed
Dwelling, single-family, two-family
2 spaces per each dwelling unit. unobstructed
Elementary schools and junior high schools
3 spaces per each room used for administrative offices
or class instruction, or 1 space for each 6 seats in
auditorium and other places of assembly or facilities
available to the public, whichever is greater
Fire stations
1 space per each person on duty on a normal shift, plus 5
additional spaces
Funeral homes
1 space per each 5 seats in the chapel or parlor, plus 1
space per employee or funeral vehicle, whichever is
greater
Hospitals, sanitariums, philanthropic and
1 space per each 2 licensed beds intended for patient
eleemosynary institutions
use, plus 1 space per each staff person, including
medical and support staff based on the largest employee
shift
Hotels
1.25 spaces for each unit, 1 space per employee plus
requirements for any other use associated with the
establishment
Hotel minimum
2 spaces per unit
Indoor commercial recreation
1 space for each 160 square feet of gross floor area
devoted to such use or 1 space per each 4 seats or
facilities available for patron use, whichever is greater
Industrial, manufacturing and wholesaling
1 space per each employee on the shift of the greatest
establishments
employment, plus 1 space for each vehicle used directly
in the conduct of such use
Medical and dental offices and clinics
1 space per 200 square feet of gross floor area, plus 1
space per each em lovee
Manufactured homes on single lots
2 spaces per each manufactured home I
Motels and motor courts
See "Hotel'
Motel minimum
2 spaces per unit
Museums and art galleries
1 space per each 4 seats in rooms for assembly or for
each 150 square feet of gross floor area, whichever is
greater, plus 1 space for each 2 employees on shift of the j
greatest employment
Nursing homes, rest homes, homes for the
1 space for each 3 patient beds, 1 space for each full -
aged
time employee on the shift of the greatest employment
Office and professional buildings
1 space per each 300 square feet of gross floor area
Outdoor commercial recreation
Adequate space to handle the anticipated normal
capacity for patron use, as determined by the building
inspector, plus 1 space per each employee
Post offices
1 space per each 200 square feet of gross floor area, plus
1 space per each 2 employees on the shift of the greatest
employment
Public libraries
1 space per each 150 square feet of gross floor area for
patron use, plus 1 space per each 2 employees on shift
of the greatest employment
Restaurants, diners, cafes, nightclubs and
1 space per each 3 seats or per each 65 square feet of
other eating and drinking establishments
gross floor area, exclusive of restrooms and kitchen
facilities, whichever is greater, plus 1 space for each 2
employees
Town of Carolina Beach July 1, 1999 Draft 28

ZONING
.-ARTICLE 7. OFF-STREET PARKING AND LOADING
Types of Uses
Minimum Required Parkin
Retail stores and service businesses (e.g.,
1 space for each 200 square feet of gross floor which do
barbershops, tailors, etc.)
not fall into 1 area of the specific categories in this
subsection
New and used car sales, house and truck trailer
4 spaces per each salesperson on duty during period of
sales, outdoor equipment and machinery sales,
the greatest employment, plus 1 space per each
commercial nurseries
employee during the shift of the greatest employment
Room renting and boardinghouses
1.25 spaces per each roomer or boarder in addition to
the requirements for the dwelling units
Senior high schools, trade and vocational
1 space per 5 students or 1 space for each 3 seats in
schools, colleges and universities
auditoriums and other places of assembly or facilities
_
available to the public, whichever is greater, plus 1
space per employee
Notes:
(1) On all streets which terminate with the Ocean Berm or the waters of Myrtle Grove Sound, which
all dwellings, hotels and motels which are located on comer lots which abut the terminated street
and the dominate highway or right-of-way, shall have the entrance to such projects for ingress and
egress on the dominant street only.
(2) For types of uses not listed, the building inspector shall have the authority to determine the
appropriate number of required parking spaces based upon the maximum anticipated use.
(e) General provisions and requirements.
(1) Minimum parking space size. The minimum size parking space for ninety degree parking or other
diagonal parking spaces shall be nine (9) feet in width and eighteen (18) feet in length. Where
sufficient area is available between the front wheel stop or barrier and the property line, walkway
or landscaped area, the parking space length may be reduced considering that no portion of a
standard size vehicle shall exceed the limits of the marked space. Parallel parking spaces shall not
be less than eight (8) feet in width and twenty-four (24) feet in length.
(2) Minimum parking drive/isle size. The minimum parking drive/isle width for ninety (90) degree
parking with two-way traffic flow shall be twenty-four (24) feet. The parking drive/isle width for
ninety -degree parking or other diagonal parking with one-way traffic flow shall be fifteen (15)
feet.
(3) Parking space for dwellings. Driveways for dwellings shall be designed and constructed to
accommodate the required amount of parking per dwelling. Garages and carports may be
considered in meeting the applicable -parking requirements.
(4) Assigning of parking spaces. The required parking spaces for any number of separate buildings or
uses may be combined in one (1) common parking lot facility; however, the required parking
assigned to one (1) use may not be assigned to another active use at the same time.
(5) Location of parking space. The initial obligation of the property owner or developer is to provide
the required parking within the property of the principal use. However, off -site parking may be
allowed when such parking facility is within five hundred (500) feet of the applicable principal use
property, when such off -site parking facility is in the same ownership as the applicable principal
use and when the off -site parking facility can allow safe and unrestricted pedestrian access
between both sites by improved access easements, walkways or sidewalks in conformance with
standards of the town. The maximum distance of off -site parking may be exceeded, upon approval
of the planning and zoning commission and town council, for uses of public assembly which
contains seating capacity of one thousand (1,000) or more (i.e., auditoriums, stadiums or
amphitheaters).
Town of Carolina Beach July 1, 1999 Draft 29

ZONING
ARTICLE 7. OFF-STREET PARKING AND LOADING
(6) Parking reduction or assignment to another use. The parking spaces required by this article shall
not be reduced below the minimum required for the use or facility to which it is assigned, nor shall
any parking spaces required by this article be used for any other purpose or use.
(7) Parking design and construction.
a. Required surfacing. All parking facilities shall provide a paved surface of concrete or asphalt
material. Concrete pavers, brick, "turfstone" or similar material may be used if determined to
exhibit equivalent wear resistance and load -bearing characteristics as asphalt or concrete and
acceptable to the director of public works.
b. Barriers. Each parking space shall be equipped with a curb, wheel stop or similar device to
prevent vehicle encroachment beyond property lines of parking facilities into pedestrian ways
or traffic isles.
c. Vision clearance. In order to maintain an acceptable and safe line of sight for motor vehicle
drivers, no parking spaces, fences, walls, posts, signs, lights, shrubs, trees or other type of
obstructions not specifically exempted shall be permitted in the space between thirty (30)
inches above ground level and ten (10) feet above ground level within a sight distance
triangle. A sight distance triangle shall be the visually unobstructed area of a street/driveway
comer as determined by measuring a distance of thirty (30) feet along the intersecting curb
lines, or edges of pavement of the intersecting street/driveway if curbs are not present, and
connecting the two (2) points by a straight line to form a triangular shaped area over the
comer.
d. Radii at intersection of parking facility, driveway and street. The minimum comer paved
radius at intersections of the parking facility, driveways and streets shall be fifteen (15) feet.
e. Maneuvering. All parking facilities shall be designed and constructed so that maneuvering
shall take place entirely within the property lines of the facility and shall be arranged so that
ingress and egress is by forward motion of the vehicle. Exceptions may be granted for single -
and multi -family dwellings.
f. Drainage. All stormwater drainage from parking facilities shall either be retained on -site or
piped to an appropriate underground stormwater system or to open drainage ditches as
approved by the director of public works. No stormwater drainage from parking facilities
shall be allowed to flow into public streets or adjacent properties. (See Chapter 12, Article V.
Stormwater Management and Drainage, of the Code of Ordinances, Town of Carolina
Beach.)
g. Landscaping. Parking facilities shall be subject to the provisions of the Landscape Ordinance
of the town. (See Chapter 12, Article VII. Landscaping and Vegetation Preservation, of the
Code of Ordinances, Town of Carolina Beach.)
h. Markings and signs. All required parking spaces contained within a parking facility shall be
adequately marked on the paved surface and any directional markings or signs shall be
provided by the owner or developer.
i. Information required for building permits and privilege license. Each application for a
building permit and/or business privilege license shall include information as to the location,
design and construction of required off-street parking in compliance with this article and other
requirements of the town. The information shall be in sufficient detail to enable the director of
planning and development and the director of public works to determine whether or not the
requirements of the ordinance have been met.
Town of Carolina Beach July 1, 1999 Draft 30

ZONING ARTICLE 7. OFF-STREET PARKING AND LOADING
Voiding of certificate of compliance and privilege license. The certificate of compliance
and/or the business privilege license for the use of any building, structure or land where off-
street parking space or impact fee is required shall be withheld until the provisions of this
article are complied with. Failure to comply with the requirements of this article shall cause
any certificate of compliance and/or business privilege license previously issued to become
null and void immediately.
7.2. Off-street loading requirements.
(a) Purpose. The purpose of this section is to provide off-street loading standards which will lessen
congestion in the streets and promote safe and unrestricted traffic flow and to provide for the safe and
efficient use of property to serve the loading and unloading needs of cornmercial facilities.
(b) applicability. The off-street loading standards contained herein shall apply to all new buildings
and uses, change of ownership and uses, and expansions, additions and renovations to existing structures
and uses.
(c) Minimum off street loading requirements.
(1) Uses handling goods in quantity. Uses which normally handle large quantities of goods including,
but not limited to, industrial plants, wholesale establishments, storage warehouses, freight
terminals, hospitals or sanitariums and retail sales establishments shall provide off-street loading
facilities in the following amounts:
Gross Floor Area of
Establishment in
Square Feet
Less than 5,000
5,000 to 9,999
10,000 to 24,999
25,000 to 39,999
40,000 to 100,000
Required Number of
Loading Spaces
N/A
1
2
3
4
For each additional one hundred thousand (100,000) square feet of gross floor area, at least one (1)
additional loading space shall be provided.
(2) Uses not handling goods in quantity. Commercial establishments which do not handle large
quantities of goods including, but not limited to, office buildings, restaurants, auditoriums,
convention halls, coliseums, exhibition halls, funeral homes, hotels and motels shall provide off-
street loading facilities in the following amounts:
Gross Floor Area of
Establishment in
Square Feel
Less than 5,000
5,000 to 49,999
50,000 to 100,000
Required Number of
Loading Spaces
N/A
1
2
For each additional one hundred thousand (100,000) square feet of gross floor area, at least one (1)
additional loading space shall be provided.
(d) Location of off-street loading space. All required loading spaces shall be located on the same lot
and shall have the same zoning as the use it is to serve. No off-street loading space shall be located in a
required front yard or within a triangular sight distance. Loading facilities shall be constructed so that all
Town of Carolina Beach July 1, 1999 Draft 31

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ARTICLE 7. OFF-STREET PARKING AND LOADING
maneuvering will take place entirely within the property lines of the facility. Interior off-street loading
spaces may be located inside the structure it serves, provided the other provisions of this section, such as
size and access, are met.
(e) Size of off-street loading space. Unless otherwise specified, an off-street loading space shall be
twelve (12) feet in width by forty-five (45) feet in length, exclusive of aisles and maneuvering space, and
shall have a vertical clearance of at least fifteen (15) feet.
(0 Surfacing of off-street loading space. All off-street loading spaces shall be paved with asphalt or
concrete material, or with alternative paving material (e.g., concrete pavers, brick, "turfstone" or similar
material) determined to exhibit equivalent wear resistance and load -bearing characteristics as asphalt or
concrete, of a type and thickness capable of carrying, without damage, the heaviest vehicle loads
reasonably anticipated on such surface, as approved by the director of public works.
(g) Repair and service. No motor vehicle repair work or service of any kind shall be permitted in
conjunction with loading facilities, except emergency repair service necessary to relocate a vehicle to a
normal repair facility.
(h) Utilization. Off-street loading space shall not be used to satisfy the space requirements for off-
street parking facilities or portions thereof, nor vice versa.
(i) Similar use application. The director of planning and development shall apply the off-street
loading requirements for the most similar use listed herein to an unspecified use.
(j) Access. Each off-street loading space shall be provided with unobstructed ingress and egress to a
public or private street.
(k) Information required for building permits and business privilege license. Each application for a
building permit and/or business privilege license shall include information as to the location, design and
construction of required off-street loading in compliance with this section and other requirements of the
town. The information shall be in sufficient detail to enable the director of planning and development and
the director of public works to determine whether or not the requirements of the ordinance have been met.
(1) voiding of certificate of compliance and privilege license. The certificate of compliance and/or
business privilege license for the use of any building, structure or land where off-street loading is
required shall be withheld until the provisions of this article are complied with. Failure to comply
with the requirements of this article shall cause any certificate of compliance and/or business
privilege license previously issued to become null and void immediately.
Town of Carolina Beach July 1, 1999 Draft 32

ZONING ARTICLE 8. LANDSCAPING AND BUFFERING
ARTICLE 8. LANDSCAPING AND BUFFERING
Article 8, Landscaping and Buffering, also known as the Landscape Ordinance of the Town of
Carolina Beach (adopted August 11, 1992 and subsequently amended), has been prepared and published
under a separate cover, and is incorporated into this zoning ordinance in its entirely by reference. Copies
are available from the Zoning Administrator of the Town of Carolina Beach. For information purposes, the
Town's Landscape Ordinance sets forth provisions including but not limited to the following subjects:
A. Purpose
B. Functions
C. Applicability
D. Authority
E. Definitions
F. Removal of Regulated Vegetation, Increase in Impervious Surface, or Placement of Fill Soil or
Materials
G. Streetyard Landscaping
H. Vegetation Preservation and Replacement
I. Parking Facilities Landscaping
J. Bufferyards
K. Landscaping Required for Expansions to Existing Principal Structures or Uses
L. Maintenance
M. Fence Regulations
N. Protection of Views to the Water
Appendix: Recommended Tree and Plant Materials for Landscaping
Town of Carolina Beach July 1, 1999 Draft 33

ZONING ARTICLE 9. DRAINAGE AND STORMTYA TER RUNOFF STANDARDS
ARTICLE 9. DRAINAGE AND STORMWATER RUNOFF STANDARDS
Article V of the Town Code of Ordinances, entitled Stormwater Management and Drainage, has been
published under separate cover, and is incorporated into this zoning ordinance in its entirely by reference.
Copies are available from the Zoning Administrator of the Town of Carolina Beach. For information
purposes, the Town's Stormwater Management and Drainage ordinance sets forth provisions including but
not limited to the following subjects:
12-211
Definitions.
12-212
Administration.
12-213
Inspections of Improvements.
-`12-214
Variances; exceptions.
12-215
Amendments.
12-216
Enforcement.
12-217
Violation; penalty.
12-213
Interpretation; abrogation and greater restrictions.
12-219
Responsibility for improvements.
12-220
Drainage system standards -generally.
12-221
Same -streets.
12-222
Areas subject to flooding.
12-223
Methods of calculating stream flow and runoff.
12-224
Natural primary channels.
12-225
Secondary drainage channels and surface drainage.
12-226
Major channels.
12-227
Bridges and culverts.
12-223
Closed storm sewers.
12-229
Open paved storm drainage.
12-230
Areas outside subdivision or development.
12-231
Existing open ditches.
12-232
Drainage construction -Driveway entrances; ditch enclosures.
12-233
Same —work scheduling.
Town of Carolina Beach July 1, 1999 Draft 34

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ARTICLE 10. RESERVED
ARTICLE 10. RESERVED
Town of Carolina Beach July 1, 1999 Draft 35'

ZONING .ARTICLE 11. SIGN AND HANDBILL REGULATIONS
ARTICLE 11. SIGN AND HANDBILL REGULATIONS
11.1. Purpose and Intent
It is the intent of the Town Council of the Town of Carolina Beach to protect public interest, safety and
welfare and, to that end, the purposes of this Ordinance are specifically declared to be as follows:
(1) To encourage the dissemination and receipt of information of public concern and interest,
including that which aids in orientation, identifies commercial and non-commercial activities,
expresses local history, and serves educational purposes.
(2) To preserve residential privacy and protect local residents against trespassing by solicitors,
canvassers or handbill distributors upon the private property of such residents if the resident has
given reasonable notice that they do not wish to receive such matter.
(3) To protect public property, promote community aesthetics and minimize obstructed views and
traffic hazards through the attainment of clean sight lines and abatement of visual clutter.
(4) To permit and regulate signs in such a way as to support and compliment land use objectives.
11.2. Definitions
For the purpose of this ordinance, the following definitions shall apply, except where the context
clearly indicates a different meaning.
• "A " Frame Signs — Siens typically consisting of two (2) sign faces attached back-to-back by top
hinges.
• Animated Sien — Any sign that uses movement or change of lighting to depict action or create a
special effect or scene.
• Attached Sign — A sign that is permanently affixed to and flush with the building fagade including
signs painted on the wall surface of a building.
• Beacon Light — Any light with one or more beams, capable of being directed in any direction(s) or
capable of being revolved automatically.
• Bench Sign — A sign located on any part of the surface of a bench or seat placed on or adjacent to a
public right-of-way or in view of the public.
• Billboard Signs — Sign which advertises a business, product, organization, entertainment, event.
person, place, or thing and which is located off -premises from the place of the advertised
element(s).
• Canopv/Awning Sign — Any sign consisting of lettering and/or logos applied to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor
service area. A marquee shall not be considered a canopy.
• Changeable Copy Sign — A sign that is designed so that characters, letters, or illustrations can be
changed or rearranged without altering the face or surface of the sign.
• Commercial Signs and Handbills — Commercial Sign and Handbill shall mean and include any
sign or handbill: (1) which advertises for sale any merchandise, product, commodity, or thing; (2)
which directs attention to any business or mercantile or commercial establishment, or other
Town of Carolina Beach July 1, 1999 Draft 36

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ARTICLE 11. SIGNAND HANDBILL REGULATIONS
activity, for the purpose of either directly or indirectly promoting the interests thereof by sales; (3)
which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of
any kind, for which an admission fee is charged for the purpose of private gain or profit; (4)
which, while containing reading matter other than advertising matter, is predominantly and
essentially an advertisement, and is distributed or circulated for advertising purposes, or for the
private benefit and gain of any person so engaged as advertiser or distributor.
• Constniction Sien — A sign that identifies on -site construction and future development to occur on
the property and typically containing the names of contractors, architects, and lending institutions.
Development Entrance Sign — A sign identifying a development, located on -site, and at the major
entrance point(s) to such development.
• Directional Sien — A sign for public direction or information containing no advertisement or
commercial identification of any product or service. Typically, these signs consist of directional
arrows, business names, the words "entrance", "exit", "parking", etc.
• Directory Sign — A sign which the names and locations of occupants or the use of a building is
displayed in a single directory form as typically associated with office buildings and churches.
• Doable -Faced Sign — A sign having two (2) sides, back-to-back faces.
• Fall Zone — The distance from the ground elevation of the sign to the highest point of the sign and
that distance applied to the property frontage if the sign were to fall in that direction.
• Flags-- Flexible materials such as cloth, paper, plastic and typically displayed on a flag pole,
structure, or roped pennants.
• Flashing Sign — A sign which contains or uses, for illustration, any lights or lighting devices
which change color, flashes or alternates, shows movement or motion, or changes the appearance
of said sign or part thereof automatically.
• Freestanding Sien — Any sign supported by structures or supports that are placed on, or anchored
in, the ground and that is independent from any building or other structure(s).
• Handbills — Any printed or written matter, any sample or device, circular, leaflet, pamphlet paper,
booklet or any other printed or otherwise reproduced original or copies of any matter or literature:
(1) which advertises or directs attention to any commercial or non-commercial activity, election
event, or meeting of any kind; (2) which advertises for sale any merchandise, product, commodity,
or thing.
• Illuminated Sien — A sign illuminated in any manner by an artificial light source.
• Indirectly Illuminated Simon — A sign illuminated by an external light source.
• Integral Sign — Memorial signs or tablets, names of buildings, and date of erection when cut into
any masonry surface or when constructed of bronze or other incombustible materials mounted on
the face of a building.
• Internally Illuminated Simon — A sign where the light source is concealed within the sign and visible
through a translucent surface.
• Marquee Sign — Any sign attached to and made part of a marquee. A marquee is defined as a
permanent roof -like structure in line with the building wall line or projecting beyond a building
wall line at an entrance to a building or extending along and projecting beyond the building's wall
and generally designed and constructed to provide protection against the weather.
Town of Carolina Beach July 1, 1999 Draft 37

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.4RTICLE II. SIGN.4ND HANDBILL REGULATIONS
• Neon Lighted Sien — A sign illuminated by glass tubing bent into forms to produce letters,
symbols, and other shapes.
• Non -Commercial Signs or Handbills — Non -Commercial Sign or Handbill shall mean and include
any sign or handbill not included in the aforesaid definitions of a commercial handbill or sign.
• Non-Conformine Sien — Any sign which does not conform to the regulations of this article.
• Obscene — Means material which depicts or describes sexual conduct that is objectionable or
offensive to accepted standards of decency which the average person, applying contemporary
community standards would find, taken as a whole, appeals to prurient interests or material which
depicts or describes, in a patently offensive way, sexual conduct specifically defined by the
applicable State law, which, taken as a whole, lacks serious literary, artistic, political, or scientific
value.
• Perpendicular Sign — A sign placed at a right angle and attached to the front fagade of the
associated structure and utilized in place of an attached or freestanding sign where applicable.
• Political Signs - Signs displaying political candidacy and/or messages as related to an election
date and allowed only within a limited timeframe.
• Portable Sien — A sign attached on support frame with or without lighting.
• Proiecting Sign — Any sign other than a wall sign affixed to any building whose leading edge
extends beyond such building wall line.
• Public Information Signs — Signs provided and erected by a governmental entity which typically
gives direction to governmental or community institutions, amenities, or displays regulations or
notices.
• Real Estate Sign — A sign that is used to offer for sale, lease, or rent the property upon which it is
placed.
• Roo Si — Any sign erected or constructed wholly upon and over the roof of any building and
supported solely on the roof structure.
• Setback — The minimum distance from the property line to the nearest part of the sign or
component related thereto.
• Sign, — Any surface, fabric, device, or display which bears lettered, pictorial, or sculptured matter,
including forms shaped to resemble any human, animal, or product, designed to convey
information visually and which is exposed to public view. The term "sign" shall include all
structural members. A sign shall be constructed to be a display surface or device containing
organized and related elements composed to form a single unit. In cases where matter is displayed
in a random or unconnected manner without organized relationship of the components, each such
component shall be considered to be a single sign.
Sign Area — The area of a sign face computed by means of the smallest square, circle, rectangle,
triangle, or combination thereof that encompasses the extreme limits of the lettering,
representation, emblem, or other display, together with any material or color, forming an integral
part of the background of the display or used to differentiate the sign from the backdrop or
structure against which it is places, but not including any supporting framework, bracing, or
decorative fence or wall when such fence or wall is clearly incidental to the display itself. In the
case of a double-faced sign, only one side shall be considered in computing the sign area.
Town of Carolina Beach July 1, 1999 Draft 38

ZONING
ARTICLE 11. SIGNAND HANDBILL REGULATIONS
• Sign Height — The height of a sign shall be computed as the distance from the base ground level to
the top of the highest vertical attached component of the sign.
• Snipe Sign — Any sign of any material whatsoever that is attached in any way to a utility pole, tree,
street sign or pole, or any object located or situated on public or private property.
• Street Banner Sign — Any banner sign that is stretched across and hung over a public or private
street right-of-way.
• Strobe Light Sign — A light device used to provide a short or intermittent flash of light.
• Temporary Sign — Any sign that advertises or directs attention to a product, event, election,
activity, meeting, exhibition or performance of any kind where such sign is not permanently
affixed, placed, attached or erected, and is allowed for a limited time frame.
• Vehicle/Trailer Signs — Any sign mounted on a vehicle, boat, or trailer and used for advertising or
promotional purposes.
• Wall Sign — Any sign painted on attached to and erected parallel to the face of, or erected and
confined within the limits of, the outside wall of any building and supported by such wall or
building and which displays an advertising surface.
• Waterway Signs — Signs which are displayed on property or structures adjacent to and primarily
visible from a body of water.
• Window/Door Sign (Interior/E,rterior) — A sign located within the interior or exterior of the
transparent area of any window or door.
• Yard Sale Signs — Signs designating the location of the selling of residential personal property.
113. Schedule of Regulations
The regulation schedule established herein displays the maximum quantity, height, size, and setback
for permitted signs in each zoning district with any applicable special provisions noted. The letter "P"
signifies where specific type signs are permitted. Where no letter is provided (blank) represents that the
sign type is prohibited. See Table 11-1.
11.4 Permitted Signs
Unless otherwise specified not more than one (1) specified sign type shall be allowed per lot in each
sign type category.
11.5 Additional Allowable Signs and Specifications
(a) Structure Address Number Signs — required signs displaying the applicable officially assigned
address number(s), minimum size of two and one half (2Y2) inches per number, applied to yard placards
and/or structures, to aid in the locating for emergency and mail/delivery services.
(b) Yard Sale Signs — temporary, freestanding signs located on private property and public street right-
of-way displaying the sale of personal property on residential property only for a limited time. The
placement of such signs on utility poles, public signs, and/or structures is prohibited. Sign size is limited to
a maximum of four (4) square feet and a maximum height of three (3) feet.
Town of Carolina Beach July 1, 1999 Draft 39

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ARTICLE 11. SIGNAND HANDBILL REGULATIONS
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ARTICLE IL SIGN AND HANDBILL REGULATIONS
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Town of Carolina Beach July 1, 1999 Draft 41

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ARTICLE 11. SIGN AND HANDBILL REGULATIONS
(c) Memorial Signs. Tablets. or Plagues displaying building names, erection dates, architect,
contractor, or owner applied to the surface of the structure and not exceeding four (4) square feet in size.
(d) Directional/Informational/Reeitlatorv/Emergencv Signs erected by the applicable governmental
body.
(e) Window/Door Signs — allowed for limited time frames and denoting sales, going out of business,
specials, and other short-term advertising events. No lighting or moveable parts are allowed.
11.6 Prohibited Signs/Displays
In addition to signs not permitted, as reflected in the Schedule of Regulations herein, the following
signs are prohibited within the jurisdictional limits of the Town.
(a) Billboard Signs.
(b) Signs in disrepair, that are unsafe, which no longer can be easily recognized for their intended
purpose due to disrepair or fading, or is no longer applicable to the associated property use.
(c) Strobe lights or any other type of flashing lighting or beacons.
(d) Balloons/Windsock Signs/Displays.
(e) Moveable, animated, or flashing light signs.
(f) Pennant or consecutively linked flagging or similar devices.
(g) Signs which resemble or are visibly similar to official governmental traffic signs or signals or
employ lighting, or employ the words of official signs such as "stop", "caution", "danger", "slow", or
"warning"
(h) Signs advertising goods or services for sale not listed as permitted signs in the Schedule of
Regulations herein.
(i) Signs located within or protruding in public areas or rights -of -way.
0) Signs located on or affixed to trailers and/or vehicles when parked on the associated property
where the advertised service, product, event, or entertainment is to be provided.
(k) Signs that make noise.
(1) The placement of any sign not permitted herein.
(m) Bench signs (except as permitted on private property as per the specifications herein).
(n) Signs displaying or containing obscenities.
(o) Handbills (when placed on vehicles, vacant/uninhabited property, where posted as prohibited,
containing obscene or unlawful literature).
(p) Snipe signs.
(q) Street banner signs.
Town of Carolina Beach July 1, 1999 Draft 42

ZONING ARTICLE 11. SIGNAND HANDBILL REGULATIONS
(r) Any item attached to a permitted sign not originally made a part of the permitted sign.
(s) "A" Frame signs.
(t) Yard sale signs (when attached to public utility poles, street and traffic signs or other public items
OR attached to off -site structures, vehicles or trailers).
(u) No temporary sign shall be made a permanent sign without an approved permit.
11.7. Sign Lighting
(a) Interior sign lighting shall be shaded with an opaque sign face surface sufficient to reduce the
glare on roadways and surrounding properties.
(b) Signs utilizing bare bulbs or neon type lighting shall be such that minimizes the glare on roadways
and surrounding properties.
(c) Exterior flood or similar type sign lighting shall be directed on the sign only, minimizing
reflective glare off the sign, and not reflect or glare onto roadways or adjacent properties.
(d) No flashing or moving sign/display lighting shall be permitted.
11.3. Additional Regulations/Provisions
(a) Political Candidacy Signs —Political candidacy signs shall be allowed within the jurisdictional
limits of the Town limited to the following restrictions:
(1) Not permitted to exceed six (6) square feet in size with no lighting or moveable parts.
(2) Not permitted within the public road rights -of -way or other public property or attached to traffic
sign poles, utility/telephone or other public poles or approved private sign facing.
(3) Signs are permitted for a period not to exceed seventeen (17) days prior to the election date. No
sign shall be permitted after five (5) days following the applicable election date.
(b) Flags — Flags and insignia of governmental subdivisions, agencies, or bodies when displayed for
patriotic purposes and not intended for commercial promotion or advertisement. May be displayed as
freestanding or attached subject to specifications of applicable signs as listed within this article. Decorative
flags may be permitted subject to the following restrictions:
(1) May not protrude more than three and one half (3 %2) feet from the front, side, or rear facades.
(2) Maintain a minimum clearance from adjacent ground and/or sidewalk, level to the lower portion
of the displayed flagging or support member eight (3) feet.
(3) Limitation on quantity of one (1) flag per each ten (10) feet of property or structure frontage on the
primary frontage street.
(4) Flagging size shall be limited to a maximum of thirty-six (36) inches by thirty-six (36) inches.
(5) All flagging supports shall be constructed to meet applicable building code and must be securely
attached to the structure.
(6) No flagging shall be permitted which advertises specials, open/closed, sales, etc. or which consists
of consecutive connected flagging.
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ZONING ARTICLE 11. SIGN AND HANDBILL REGULATIONS
(7) Windsocks are not interpreted to represent permitted flagging.
(c) Off -Site Real Estate Signs — Off -site real estate signs are generic signs with display content limited
to a directional arrow and/or one descriptive phrase of "open house" and allowed off the premises from
where the real estate product is being offered and subject to the following provisions:
(1) Located on the private property only with written permission of the applicable property owner(s).
(2) Maximum size is four (4) square feet.
(3) Maximum sign height is four (4) square feet measured from the adjacent ground elevation to the
uppermost portion of the sign.
(4) Limitation of one (1) sign per intersection.
(5) No sign shall block any sight distances of any intersection.
(6) No sign shall be placed on median strips of traffic islands within public road rights -of -way.
(7) All signs shall be freestanding on their own independent support posts/pole.
(8) No sign shall be placed on trees, utility poles, traffic control or other governmental signs.
(9) Signs shall not have lighting, movable elements, balloons, or flags.
(10) Allowable times of placement are not prior to 4:00 P.M. on Friday and are to be removed prior to
8:00 A.M. on the following Monday. On holidays the sign may be posted after 4:00 P.M. the day
prior to the actual holiday day and must be removed by 8:00 A.M. the day following said holiday.
(d) Perpendicular Attached Signs —Perpendicular attached signs maybe utilized in place of an
attached or freestanding sign subject to the following provisions:
(1) Allowed primarily where the lack of sufficient property depth would permit a freestanding sign.
(2) If utilized, attached and freestanding signs are prohibited.
(3) Allowed only on structures on properties adjacent to public streets
(4) No such sign shall be allowed to protrude over public ways and where applicable setback of ten
(10) feet cannot be obtained.
(5) Maintain a clearance of ten (10) feet between the adjacent ground level and the lowest portion of
said sign.
(e) Bench Signs - Bench signs are allowed subject to the following provisions:
(1) Located on private property.
(2) Does not exceed the size of the bench back.
(3) Contains no lighting, moveable or animated elements.
(f) Handbills — Handbills are allowed subject to the following provisions:
(1) Placing handbills in or upon vehicles is prohibited. It shall be unlawful for any person to
distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill in or
Town of Carolina Beach July 1, 1999 Draft 44

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ARTICLE 11. SIGN AND HANDBILL REGULATIONS
upon any automobile or other vehicle. The provisions of this Article shall not be deemed to
prohibit the handing, transmitting or distributing of any commercial or non-commercial handbill to
the owner or other occupant of any automobile or other vehicle, who is willing to accept the same.
(2) Distribution of handbills on uninhabited or vacant private premises is prohibited. It shall be
unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or non-
commercial handbill in or upon any private premises which are uninhabited or vacant.
(3) Distribution of handbills where prohibition properly posted. It shall be unlawful for any person to
distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill upon
any premises, if requested by anyone thereon not to do so, or if there is placed on said premises in
a conspicuous position near the entrance thereof, a sign beating the words: "No Trespassing",
"No Solicitation", No Peddlers or Agents", "No Advertisements", or any similar notice, indicating
in any manner that the occupants of said premises do not desire to be molested or to have their
right of privacy disturbed, or to have any such commercial or non-commercial handbills left upon
such premises.
(4) Distributing handbills at private premises; exceptions:
a. No person shall throw, deposit, or distribute any commercial or non-commercial handbill in or
upon private premises except by handing or transmitting any such handbill directly to the
owner, occupant, or other person then present in or upon such private premises; provided,
that, except where the premises are posted as provided in this Ordinance or where anyone
upon the premises requests otherwise, a person may place or deposit any such commercial or
non-commercial handbill in or upon such private premises if such handbill is so placed or
deposited as to secure or prevent such handbill from being blown or drifted about such
premises or sidewalks, streets, or other public places. Mailboxes may not be so used when so
prohibited by federal postal law or regulations.
b. The provisions of this Article shall not apply to the distribution of mail by the United State or
to newspapers, except that newspapers shall be placed on private property in such a manner as
to prevent their being carried or deposited by the elements upon any street, sidewalk, or other
public place or upon private property.
(5) Handbill depicting certain matter prohibited. It shall be unlawful for any person to post, hand out,
distribute or transmit any handbill:
a. Which is reasonably likely to incite or to produce imminent lawless action; or
b. Which is obscene or unlawful.
(6) Existing Ordinances not affected. This Ordinance shall not be deemed to repeal, amend or modify
any ordinance ever ordained, either prohibiting, regulating or licensing canvassers, hawkers,
peddlers, transient merchants, or any person using the public streets or places for any private
business or enterprise, or for commercial sales, not covered herein.
(g) Banner Signs — Banner signs are allowed subject to the following provisions:
(1) Allowed for four (4) weeks per year as a temporary sign by permit.
(h) 2ecial Event Signs — Special event signs displaying a special community -wide event such as
"Community Fishing Tournament", school or civic events and/or festivals subject to the following
provisions:
(1) Event sponsored by a non-profit organization.
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ZONING ARTICLE 11. SIGNAND HANDBILL REGULATIONS
(2) Limited to a specific timeframe.
(3) Requires approval of the Town Manager and/or Town Council.
11.9 Sign Regulation and Administration
(a) The Building Inspector or his/her designated representative shall be the administrator of the Sign
ordinance. Where the Ordinance does not describe a particular sign type or condition, the Administrator
shall have the authority to render the appropriate decision and/or determination.
(b) All permitted signs, as specified in this article, shall require a sign permit issued by the Building
Inspector.
(c) Process for issuance of a sign permit:
(1) Completed application.
(2) A scaled drawing displaying the location of the sign on the associated property, the sign
dimensions, construction, color, lighting, electrical and all other elements associated thereto.
(3) Payment of the permit fee.
(4) Depending on the type of sign construction, the Building Inspector may require engineered
certified plans.
11.10 Non -Conforming Signs, Illegal Signs, Violations and Penalties
(a) Any sign or portion thereof existing prior to the adoption date of this Ordinance and which is in
violation of this Ordinance may continue to exist when not allowed to become in a state of disrepair or
unsafe for a period of two (2) years from the adoption date of this Ordinance. Thereafter, said signs shall
be removed and/or modified to conform to the standards as specified herein.
(b) Signs erected after the adoption date of this Ordinance which violate the provisions of this
Ordinance shall apply for the applicable permits and approvals OR remove immediately upon notice of the
Building Inspector. Failure to comply with the violation notice issued by the Building Inspector shall result
in penalties of fifty dollars ($50.00) per each day of violation and/or other legal remedy as applicable.
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ZONING ARTICLE ! 7. DEVELOPMENT STANDARDS FOR PARTICULAR USES
ARTICLE 12. DEVELOPMENT STANDARDS FOR PARTICULAR USES
12.1. Introduction.
This section provides regulations, standards, and conditions for certain uses, which are unusual in their
nature or complexity or are potentially incompatible with their surroundings unless special protective
restrictions are applied. Each use listed in this section shall comply with the regulations of the district in
which it is located, with the requirements specified. In the case of a conditional use, these shall be the
minimum standards, which must be met for consideration of a conditional use permit. Uses are arranged in
alphabetical order.
12.2. Development Standards for Particular Uses
Adult entertainment establishment.
Adult entertainment establishments designated as Class II, as defined in Article IV, Section 8- 69(b)(2)
of the Town ordinance, are prohibited within the jurisdictional limits of the Town except by issuance of a
conditional use permit approved by the planning and zoning commission for an adult entertainment
establishment. Adult entertainment establishments may be located within the CBD zoning district by
issuance of a conditional use permit, subject to requirements of the zoning district and provided that:
(1) Each adult entertainment establishment shall be located a minimum of one thousand five hundred
(1500) feet from any existing adult entertainment establishments. Such measurement shall be the
horizontal distance between the nearest property lines of the proposed and existing adult
entertainment establishments.
(2) Each adult entertainment establishment shall be located a minimum of one thousand five hundred
(1500) feet from any residential or tourist zoned areas, church, school, public or private park or
recreational facility. Such measurements shall be the horizontal distance between the nearest
property line of the proposed adult entertainment establishment and the nearest residential or
tourist zoning line or property line of any place of worship, school, public or private park or
recreational facility. (Ord. No. 93-311, 3-16-93)
Animal hospitals, including the boarding of dogs, cats and other domestic animals.
No such enterprise shall be located less than two hundred (200) feet from any residential district.
Automobile repair garages
(a) All work shall be conducted entirely within an enclosed structure so as to protect surrounding
properties and uses from objectionable characteristics of repair activity; and
(b) No outside storage of junk vehicles or parts shall be permitted.
(c) In non -industrial districts, wrecked or inoperable automobiles actually in process of repair may be
stored outside, provided that such vehicles shall be concealed from view by a fence, wall or evergreen
planting at least five (5) feet high.
(d) In industrial districts, wrecked or inoperable automobiles actually in process of repair may be
stored outside, provide that such vehicles shall be concealed from view from a public street by a fence wall
or evergreen planting at least five (5) feet high.
Bars, taverns and cabarets.
Bars, taverns and cabarets may be permitted as a conditional use, as a separate entity, or in conjunction
with standard restaurants or with hotel or motel uses and in compliance with section 8-68 of the Town
Code as well as all other applicable local and state requirements and regulations.
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ZONING .-ARTICLE 12. DEVELOP.1'IENT ST4NDARDS FOR PARTICULAR USES
Bed and breakfast inns.
(a) Only one (1) person other than the members of the family residing on the premises shall be engaged
in such occupation; and
(b) There shall be no change in the outside appearance of a building or premises, or other visible
evidence of the conduct of such a bed and breakfast inn other than one (1) sign not exceeding two and one -
quarter (2.25) square feet in area, non -illuminated and mounted flat against the wall of the principal
building;
(c) Bed and breakfast uses are permitted in principle structures containing two thousand five hundred
(2,500) or more square feet of gross floor area or in accessory structures that are in compliance with this
ordinance.
(d) No more than twenty-five percent (25%) of the gross square footage of the principal structure may
be utilized for the bed and breakfast. When an accessory to structure contains the bed and breakfast use,
the total area of the accessory structure used for bed and breakfasts shall not exceed an area equal to
twenty-five percent (25%) of the gross floor area of the principal structure;
(e) For the purpose of calculating of the area of the structure devoted to bed and breakfast use, only the
floor areas of the bedroom and bathroom area utilized by the bed and breakfast guests shall be considered
in such calculations;
(f) Off-street parking shall be provided at rate of one and one quarter (1.25) additional parking spaces
per each bed and breakfast unit.
Bus terminals.
Parking and loading areas for buses shall be surrounded by a buffer erected in accordance with Article
8 Landscaping and Buffering.
Cemeteries, public and private
In the development of new cemeteries, particular attention shall be given to the prevention of
groundwater contamination.
Commercial outdoor recreation.
Commercial outdoor recreation, such as a miniature golf, golf driving ranges, par-3 golf courses,
racers, go carts and similar enterprises, shall not be located less than two hundred (200) feet from a
residential district.
Day nurseries, day care centers, adult day care centers, day care home, or preschool.
Institutions for the care or instruction of preschool age children, such as day nurseries, day care
centers, or kindergartens, or for the care and/or recreation of elderly and/or handicapped adults, shall meet
the following standards:
(1) A kindergarten or nursery school, which is a program operated for only a part of the day and
focused on educational purposes, must meet the standards provided by the North Carolina
Department of Public Instruction or its successor agency.
(2) Day nurseries, day care centers, or day care homes must meet the standards provided by the
Division of Social Services of the North Carolina Department of Human Resources or its
successor agency.
(3) Suitable screening must be provided around play areas and parking areas to avoid any nuisance to
adjoining residential properties.
(4) For institutions which care for ten (10) children or less, the minimum lot area and lot width shall
be the same as for a single-family dwelling in the district in which the institution is located.
Institutions which care for more than ten (10) children shall provide an additional one thousand
(1,000) square feet of lot area for each ten (10) children.
(5) Construction standards must meet the standards of the North Carolina State Building Code.
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ZONING ARTICLE 12. DEVELOPMENT STANDARDS FOR PARTICULAR USES
(6) Off-street parking shall be provided in accordance with Article 7.
Flammable liquid storage of up to one thousand (1000) gallons.
Aboveground storage of flammable and combustible liquids shall not exceed one thousand (1000)
gallons of fuel and shall be used only for heating in any district other than Industrial Districts.
Flammable liquid storage of more than one thousand (1000) gallons.
Aboveground storage of flammable and combustible liquids in quantities greater than one thousand
(1000) gallons may be permitted in Industrial Districts, subject to the following requirements:
(1) The requirements of the Fire Prevention Code of the National Board of Fire Underwriters
American Insurance Association shall be met.
(2) All storage tanks and loading facilities shall be located at least twenty-five (25) feet from any
exterior property line.
(3) All storage tanks and loading facilities shall be located at least one hundred (100) feet from any
exterior property line bordering a residential district.
(4) As a prerequisite to the approval of a conditional use permit, the reviewing board shall find that
the use of the proposed site for flammable liquid storage will not endanger the safety of residential
or other properties in the area, and that vehicular access to the storage facility will be provided
from major thoroughfares and will not require the use of residential streets for access to the site.
(5) Off street parking and loading shall be provided in accordance with article 7.
Freight terminals
Parking and loading areas for trucks shall be surrounded by a buffer erected in accordance with article
8 Landscaping and Buffering.
Home occupations, customary
Home occupations shall adhere to the following regulations:
(1) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to
its use for residential purpose by its occupants, and not more than twenty-five (25) percent of the
floor area of the dwelling unit shall be used in the conduct of the home occupation.
(2) No home occupation shall be conducted in any accessory building.
(3) There shall be no change in the outside appearance of the building or premises, or other visible
evidence of the conduct of such home occupation.
(4) No traffic shall be generated by such home occupation in greater volumes than would normally be
expected in a residential neighborhood. Vehicles used primarily as passenger vehicles, including
pickup trucks and step-tvpe vans only, shall be permitted in connection with the conduct of the
customary home occupation.
(5) Any need for parking generated by the conduct of such home occupation shall be restricted to the
property boundaries. Parking for clients and occupants shall be provided in accordance with article
7.
(6) Only one (1) person other than members of the family residing on the premises shall be engaged in
such occupation.
(7) No equipment or process shall be used in such home occupation, which creates noise, vibration,
glare, fumes or electrical interference detectable to the normal senses off the lot. In the case of the
Town of Carolina Beach July 1, 1999 Draft 49

ZONING ARTICLE 12. DEVELOPMENT ST4NDARDS FOR PARTICULAR USES
electrical interference, no equipment or process shall be used which creates visual or audible
interference in any radio or television receivers off the premises or causes fluctuations in line
voltages off the premises.
(8) No display of products shall be visible from the street and the selling of merchandise or the
manufacture of merchandise for sale, except baking, sewing and/or handicrafts normally made in
the home, cannot be the primary function of the home occupation. Further, on -site Retail sales are
not permitted as a principal use in customary home occupations.
(9) Instruction in music, dancing or tutoring of academic subjects shall be limited to four (4) students
at a time.
--(10) Home occupations are restricted to single-family dwellings.
Manufactured housing
(a) Manufactured Housing, Definitions
(1) Manufactured Home. A dwelling unit that:
a. is composed of one or more components, each of which is substantially assembled in a
manufacturing plant and designed to be transported to the home site on its own chassis.
b. exceeds 40 ft. in length and 8 ft. in width; and
c. is not constructed in accordance with the standards set forth in the North Carolina State
Building Code.
(2) Manufactured Home, Class AA. A manufactured home constructed after July 1, 1976, that
meets or exceeds the construction standards promulgated by the U.S. Department of Housing and
Urban Development (HUD) that were in effect at the time of construction and that satisfies
"appearance criteria" (1) through (12) as set forth under paragraph (c) below.
(3) Manufactured Home, Class A. A manufactured home constructed after July 1, 1976, that meets
or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban
Development (HUD) that were in effect at the time of construction and that satisfies "appearance
criteria" (1) through (10) as set forth under paragraph (c) below.
(5) Manufactured Home, Class B. A manufactured Home constructed after July 1, 1976 that meets
or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban
Development (HUD) that were in effect at the time of construction and that satisfies "appearance
criteria" (1) through (5) as set forth under paragraph (c) below.
(6) Manufactured Home, Class C. Any manufactured home that does not meet the definitions of
manufactured home in Class AA, Class A, or Class B above.
(7) Mobile Home. Synonymous with Manufactured home, as defined elsewhere in this section. The
term "Manufactured Home" is considered to be more accurate terminology for the variety of
factory built homes now being constructed, which includes the units intended as a permanent sites
as well as transient use.
(8) Modular Home. A dwelling constructed in accordance with the standards set forth in the North
Carolina State Building Code and composed of components substantially assembled in a
manufacturing plant and transported to the building site for final assembly on a permanent
foundation.
(b) Manufactured Homes, tVhere Permitted.
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ZONING ARTICLE 12. DEVELOPMENT STANDARDS FOR PARTICULAR USES
(1) The use Manufactured Home, Class AA and/or A shall be permitted by right anywhere in the RA-
5T zoning district.
(2) The use Manufactured Home, Class B shall be permitted by right within any approved
manufactured home park (i.e. Land -Lease Community) in the R-MH zoning district.
(c) Manufactured Housing, Appearance Criteria.
The following Appearance Criteria shall be used to determine the Class within which a Manufactured
Home falls as defined under paragraph (a) above and, in turn, shall govern the placement of manufactured
homes within the R-MH Zoning District, as specified under paragraph (b) above:
--(I) The manufactured home shall be set up in accordance with the standards established by the North
Carolina Department of Insurance.
(2) A continuous, permanent masonry foundation or masonry curtain wall constructed in accordance
with the standards of the North Carolina uniform residential building code for one and two-family
dwellings, unpierced except for required ventilation and access, shall be installed under the
perimeter of the manufactured home.
(3) The towing apparatus, wheels, axles, and transporting lights shall be removed and shall not be
included in length and width measurements.
(4) Stairs, porches, entrance platforms, ramps, and other means of entrance and exit to and from the
manufactured home shall be installed or constructed in compliance with the standards of the North
Carolina State Building Code, attached firmly to the primary structure and anchored securely to
the ground. Wood stairs shall be only used in conjunction with a porch or entrance platform with
a minimum of a twenty-four (24) square feet.
(5) The manufactured home shall have the HUD sticker, affixed to all of manufactured housing units
constructed since July 1, 1976.
(6) The longest axis of the manufactured homes shall be oriented parallel or within a 10-degree
deflection of being parallel to the lot frontage, unless other orientation is permitted by the Board of
Adjustment following a public hearing.
(7) The exterior siding shall consist of one or more of the following:
a. vinyl or aluminum lap siding reflectivity not to exceed that of a flat white paint;
b. cedar or other wood siding
c. wood grain, weather resistant press board siding;
d. stucco siding;
e. brick or stone,
which shall be compatible in composition, appearance, and durability to the exterior siding
commonly used in standard residential construction.
(8) The pitch of the roof shall have a minimum vertical rise of 2 and 1/2 feet for each 12 feet of
horizontal run.
(9) The roof shall be finished with a Class C or better roofing material that is commonly used in
standard residential construction.
(10) All roof structures shall provide an eave projection of no less than 6 inches, which may include a
gutter.
(11) The manufactured home shall have a minimum width of 16 feet.
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ZONING ARTICLE 12. DEVELOPMENT STANDARDS FOR PARTICULAR USES
(12) The manufactured home shall have a length not exceeding four (4) times its width, with the length
measured along the longest axis and width measured perpendicular to the longest axis at the
narrowest part.
Manufacturing, Assembly and Processing.
The following uses and similar uses that typically produce excessive noise, odor, smoke, dust, airborne
debris, noise, light and/or other objectionable characteristics are not permitted within the zoning
jurisdiction of the Town of Carolina Beach:
Abattoirs
Acetylene gas manufacture or storage
Acid, alcohol, ammonia, asphalt, leaching powder or chlorine manufacture.
Auto wrecking or parts salvaging
Building material storage yard
Carting, express, hauling or storage yard
Coal, coke or wood yard
Dairy product manufacturing
Fertilizer manufacturing
Fish smoking or curing
Garbage, offal or dead animal reduction or dumping
Glue or gelatin manufacture
Livery, corral, riding academy for livestock barn or stable
Paper or pulp manufacturing
Planing mills
Potash works or manufacturing
Processing and/or packaging of fish and meat products
Processing and/or packaging of vinegar and yeast
Rendering or refining of fats and oils
Rock crusher operations
Rolling mills
Rubber manufacturer or treatment
Sauerkraut or pickle manufacturing
Soap manufacturer
Soda and washing compound manufacturing
Stockyards or slaughter of animalsStorage or bailing of rags, scrap iron or junk
Tallow, grease or lard manufacturing or refining from animal or fish fat
Tanning, curing or storage of raw hides or skins
Any use not listed above which may be obnoxious or offensive by reason of the emission of odor,
smoke, dust, airborne debris, gas, noise, light and/or other objectionable characteristics.
Medical and Dental Clinics.
In the MX-1 District, a medical or dental clinic may not exceed five thousand (5,000) square feet of
heated space.
Mixed Use Commercial -Residential.
This type of use, when allowed under a conditional use permit, shall have the commercial use on the
ground floor of the structure facing the public right of way or other public space, with the residential use on
the second floor or to the rear of the ground floor commercial space. The architecture of the structure must
be compatible with the surrounding architecture of the area in which it is located. For example, a mixed -use
commercial -residential structure in the NB district should be compatible with a residential style of
architecture.
Motels and Hotels.
In the MX-1 District, the number of motel and hotel units in the facility may not exceed seventeen (17)
units per acre.
Town of Carolina Beach July 1, 1999 Draft 52

ZONING .4RTICLE 12. DEVELORWENT STANDARDS FOR P,4RTICUL.IR USES
Multi -Family Housing.
In the MX-1 District, the number of multi -family housing units in the development may not exceed
eight and seven tenths (8.7) units per acre.
Office, in home.
Office of a resident doctor, dentist, architect, lawyer, accountant, sales representative, realtor and
similar professional, semi-professional and business representative, where such activities are carried on in
their respective residence, subject to the conditions applicable to customary home occupations as set forth
in this article, except that not more than one (1) off -premise resident may be employed. Off street parking
for customers, clients and occupants shall be provided in accordance with article 7. Retail business is not
permitted as the principal use of a home office.
Performance residential development.
Proposals for performance residential development shall meet all density, perimeter setbacks, lot
coverage and other standards of the zoning district in which the development is to be located. Ownership
and maintenance responsibilities for common open space shall be set forth in writing and recorded with all
deeds associated with the development. Performance residential developments shall involve no less than
one (1) acre of land when located in the R-I and R-2 districts and no less than two (2) acres when located
in the R-3 district.
Photography Studio
When photography studios are located in the MX- I and CBD district, film development and printing
shall be incidental to a permitted photographer's studio and shall not be conducted as a retail business
service.
Restaurants, Standard
In the CBD, restaurants having outdoor seating areas for patrons at ground level, or seating of patrons
on decks constructed over the public right of way from the second floor of structures on properties on the
oceanfront, the following requirements shall apply (Ordinance 97-415 and Section 15-40 of the Code of
ordinances): Structural encroachments into the public right of way, except for decks out over the public
rights of way on oceanfront properties, shall be accompanied by a notarized letter from the property
owner(s) accepting liability associated with the encroachments and acknowledgement that when instructed
to do so by the Town, the encroachments shall be removed for the purpose of Town maintenance,
construction and/or emergency situations. All proposals for decks above the public right of way on
oceanfront properties shall be accompanied by a notarized letter from the property owner(s) accepting all
liability associated with the encroachment.
Schools, parochial, public, and private elementary and high schools, colleges or seminaries.
A parochial, public or private elementary or high school, or college or seminary may be permitted as
specified in article 3, subject to the following standards; provided, that for a nonpublic school, it is a school
offering a comprehensive curriculum of study similar to that of a public school. Customary accessory uses
to schools or colleges shall also be permitted.
(1) The town council shall require suitable fencing, landscaping, and screening to prevent any
nuisance to surrounding properties and to protect the students attending the school.
(2) Off-street parking shall be provided in accordance with article 7.
(3) The planning and zoning commission or town council may require that a site plan be submitted
showing the location of existing and proposed structures, parking areas, playground, topography
and such other -information as the commission or council deems necessary to judge the adequacy
of the proposed development and to carry out the intent of this ordinance.
Town of Carolina Beach July 1, 1999 Draft 53

ZONING ARTICLE 12. DEVELOP,IVENT STANDARDS FOR PARTICULAR USES
Single-family dwelling, subordinate to another permitted use.
May be permitted has a subordinate and incidental use in conjunction with a single permitted business
use and an integral part of the principal structure of such permitted business use. It is the intent of this
provision to permit a single dwelling as part of a business use, but not to allow multiple dwellings in
conjunction with multiple business (hotel, motel, or attached or grouped businesses).
Storage Yards, Outdoor.
Outdoor storage may be permitted as specified in Article 3 subject to the following requirements:
(1) Suitable landscaping, screening, and fencing shall be required for protection of neighboring
properties, and the view from the public right-of-way.
(2) All landscaping, screening and fencing shall comply with Article 8.
(3) Where practical, storage should be located within buildings or open sheds.
(4) Off-street parking shall be provided in accordance with Article 7.
(5) The planning and zoning commission may require the submission of plans showing the location of
existing and proposed structures within the site and existing structures within five hundred (500)
feet adjacent thereto; topography; fencing and screening, and such other information as may be
necessary to judge the probable effect of the proposed activity on neighboring properties, and to
M carry out the intent of this ordinance.
(6) Junkyards, automobile graveyards, bailing of junk or rags, or underground flammable and
combustible liquid storage in quantities greater than one hundred thousand (100,000) gallons
aggregate storage capacity shall not be permitted in HB district's.
Structural encroachments into the public rights -of -way.
Within the CBD, structural encroachments into the public rights -of -way as defined in Section 15-40 of
the Town codes are permitted, exclusive to canopies, overhangs, and signs. All proposals for structural
encroachments into the public rights -of -way shall be accompanied by a notarized letter from the property
owner accepting liability associated with the encroachment and that when instructed to do so by the Town,
the encroachments shall be removed for the purpose of Town maintenance, construction, and or emergency
situations.
Swimming pools, public.
Public or shared use swimming pools shall meet all applicable requirements of the Town, New
Hanover County, and the New Hanover County Health Department (rules governing public swimming
pools 15A NCAC 18A 2500). The developer shall submit plans, drawn to scale, depicting all elements
associated with the swimming pool including size, volume, depth, decking or walkway, mechanical,
plumbing, proposed method of water supply, sewage and other wastewater disposal, drainage, method and
description of discharge area, and relation to lot and other structures as applicable. The plan shall show
evidence of all applicable approvals of the Town, New Hanover County, and the New Hanover County
Health Department prior to transmittal to the approval commissions and/or council, and issuance of a
conditional use permit. (Ord. No. 92-306,12-3-92)
Tennis courts.
Provisions shall be made to compensate for impervious surfaces and drainage run-off containment, and
meeting the requirements of the Town. Lighting, if used, shall be shielded so as not to shine on adjoining
properties.
Towers, radio, television, and telephone and cellular communication, shared facility.
These facilities may be located by conditional use permit in the R-C, HB, and I-1 zoning districts.
These facilities shall be subject to the following:
Town of Carolina Beach July 1, 1999 Draft 54

ZONING ARTICLE 12. DEVELOPMENT STANDARDS FOR PARTICULAR USES
(1) Any tower, antenna or related structure in the RB or I-Idistrict shall set back from any residential
dwelling a distance equal to the height of the tower as measured from the base of the tower.
(2) All towers, antenna or related structures locating in the R-C district shall be located a distance
equal to the height of the tower from any residential dwelling as measured from the base of the
tower. In no case shall a tower, antenna or related structure be located closer than 50 feet from any
residential property line.
(3) A landscaped buffer pursuant to the minimum requirements of this Ordinance.
(4) All applicants seeking approval for the construction of any new towers, antennas, and related
structures that require conditional use permit approval shall submit written evidence to
demonstrate that collocation on any existing tower, antenna or usable structure in the search area
for the new tower is not reasonable or possible.
(5) All towers shall be constructed to accommodate collocation. Towers over one hundred fifty (150)
feet in height shall be engineered to accommodate, at a minimum, two (2) additional providers.
Towers 150 feet or less in height shall be engineered to accommodate at a minimum one
additional provider.
(6) All applicants seeking approval shall also submit a written affidavit that the construction or
placement of such structures meets the provisions of the Telecommunications Act of 1996, the
National Environmental Policy Act of 1969, FCC Rules Sections 1.1311, 1.1312, 1.1307 and all
other applicable federal, state and local laws.
(7) Any tower and associated equipment which was lawfully constructed under the terms of the
Ordinance, which is now considered a nonconforming improvement, may continue or be
reconstructed as a conforming improvement even through the tower and associated equipment
may not conform with the provisions of this Ordinance for the district in which it is located.
Towers and associated equipment may only be enlarged and/or relocated if the enlarged or
relocated tower eliminates the need for an additional tower, provides additional collocation
opportunities on the tower, or provides additional antenna space on the tower; and provided
further that the enlargement and/or relocation shall be in conformance with the following
regulations and design limitations:
a. Tower height may not be increased by more than 15% of the originally constructed tower
height. Increases in height greater than 15% will require a variance from the Board of
Adjustment.
b. A tower shall be allowed to be reconstructed and relocated within the boundaries of the
property on which it is located so long as the decrease in the setback does not exceed fifteen
percent (15%) of the originally constructed tower height and the relocated tower is sited to
minimize any increase in the existing nonconformity. Any request to reconstruct and relocate
the tower where the resulting decrease in setback exceeds 15% of the originally constructed
tower height shall require a variance from the Board of Adjustment.
Trailer, business.
Trailers used to haul games of amusement and in place for a period exceeding twenty-four (24) hours
shall be anchored to the ground in such a fashion approved by the building inspector. All trailers shall be
properly and safely connected to the appropriate utilities including electricity, water, and sewer systems. In
addition, all wastewater generated by any operation contained within a business trailer shall be deposited
either to an approved holding tank, to be periodically dumped in an appropriate manner, or to the town's
municipal sewer system. Food products, merchandise, or games of chance shall be prohibited.
Trailer, temporary construction.
No temporary or permanent tents of any type or mobile construction trailer with or without tent, or any
type of mobile home or mobile unit shall be used for overnight occupation.
Trailer park, travel.
Travel trailer parks may be permitted in the HD district, subject to the following regulations and the
issuance of a conditional use permit. For the purpose of this section, a travel park shall be defined as an
area intended and equipped for the temporary parking of vehicles and tents designed for travel, recreational,
and vacation dwellings.
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ZONING ARTICLE 12. DEVELOPMENT STANDARDS FOR PARTICULAR USES
(1) Minimum area. Every travel park shall contain at least twenty-five (25) spaces.
(2) Minimum campsite area and width. The minimum area to be allowed and occupied by each tent,
travel trailer, or other camping device shall be two thousand (2,000) square feet. Each space shall
be designated on the ground by permanent markers or monuments. All spaces shall be developed
adjacent to a public drive or right-of-way.
(3) Roads and drives.
a. All roads and drives shall be of an all weather surface having a minimum width of twenty (20)
feet except that one-way roads or drives may be only twelve (12) feet in width.
b. Cul-de-sac or dead end roads shall not exceed one thousand (1,000) feet in length measured
from the entrance to the center of the tum-around. Any road designed to be permanently
closed shall have a turn -around at the closed end with a minimum right-of-way diameter of
eighty (80) feet.
(4) Drainage.
a. All spaces shall be located on sites with elevation 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 space and to provide adequate drainage
away from the space.
b. The park shall be developed with proper drainage ditches. All banks shall be sloped and
seeded with vegetative cover.
(5) Camp store. Every park may have a camp store for the purpose of sale of food and other goods
essential to park occupants only provided that not more than three (3) square feet of floor area per
each usable campsite shall be devoted to such sales. There shall be no display of goods or
advertising visible from a public street or from adjoining property.
(6) Swimming pool or bathing area or toilet facilities.
a. No swimming pool or bathing area shall be installed, altered, improved, or used without
compliance with all applicable regulations.
b. Every park shall have a centrally located structure or structures that will provide separate
toilet facilities for both sexes. This facility may contain the above referenced camp store.
(7) Sanitary facilities, water supply, sewage, garbage collection and utilities.
a. All toilet, shower, lavatory and laundry facilities shall be provided and maintained in a clean
and sanitary condition and kept in good repair. They shall be safely and adequately lighted.
All such facilities shall conform to all applicable codes and standards.
b. A safe, adequate, and consistently located water supply must be provided for each park. No
water supply shall be installed, altered, or used without the approval of the New Hanover
County Board of Health and of the Town of Carolina Beach.
c. Sewage dumping stations shall be approved by the New Hanover County Board of Health.
Every park shall provide at least one (1) sewage dumping station.
d. No method of sewage disposal shall be installed, altered, or used without the approval of the
New Hanover County Board of Health or the North Carolina Department of Environment,
Health, and Natural Resources. All sewage wastes from each park, including wastes from
Town of Carolina Beach July 1, 1999 Draft 56

ZONING ARTICLE 12. DEVELOPMENT STANDARDS FOR PARTICULAR USES
toilets, showers, bathtubs, lavatories, wash basins, sinks and water consuming appliances not
otherwise mentioned, shall be piped into the park's sewage disposal system or systems.
e. The park operator and/or owner shall be responsible for refuse collection that shall be
collected at least twice weekly, or more, if necessary.
f. All refuse shall be stored in conveniently located, leak -proof, rodent -proof containers with
tight -fitting lids. One (1) such container with a minimum of twenty (20) gallons capacity shall
be provided for every two (2) spaces and shall be located no more than one hundred (100) feet
from a camping site.
g. Racks or concrete platforms shall be provided on which to store containers for refuse to
minimize tipping and spillage.
h. All electrical service connections, outlets, etc., shall be provided in accordance with all
applicable codes.
(8). Recreation areas. Every park shall provide one-half (1/2) acre of level, well -drained land for every
twenty-five (25) spaces for use as a recreation area. The park owner and/or operator shall be
responsible for the development and maintenance of the recreation area(s).
(9) Manufactured (mobile) homes. It shall be unlawful for a manufactured (mobile) home to be
parked or stored in a travel park; however, one (1) manufactured home may be located on or
within the park to be utilized as an office and/or residence of the person(s) responsible for the
operation and maintenance of the park.
(10) Registration. The operator and/or owner of a travel park shall be required to keep an accurate
register containing a record of all occupants of the park. The register shall be available at all times
to law enforcement, public health, and other officials whose duties necessitate acquisition of the
information contained in the register. The register shall contain the following information:
a. Name and address of the occupants of each space.
b. Date entering and leaving the park
c. The license number of each vehicle with state of issuance, make of vehicle, and type of
equipment.
(11) Sign regulations. No more than two (2) signs with a total area of not more than thirty-two (32)
square feet for each sign may be permitted. Signs shall be located on the park property, but no
closer than ten (10) feet from any property line and/or road right-of-way. Only indirect, non -
flashing lighting may be used for illumination and shall not be directly in view from any public
right-of-way.
Utility stations or substations, not including service or storage yards, and radio, television, telephone
communication towers.
Utilities stations which may be allowed under a conditional use permit include telephone repeater
stations; relay stations; water supply reservoirs, wells, filter beds, sewage treatment plants and pumping
stations, electric power and gas substations, but not including service or storage yards and radio, television,
telephone communication (i.e. cellular telephone) towers. Such utility stations shall be subject to the
following standards of development:
(1) Suitable fencing shall be required to protect the public, along with enough landscaping and
planting to effectively screen the activity from surrounding residential property. All structures
shall, at a minimum, maintain the yard setbacks of the district in which located. Required setbacks
may be increased and other conditions may be attached by the reviewing board to prevent
Town of Carolina Beach July 1, 1999 Draft 57

ZONING ARTICLE 12'. DEVELOPMENT STANDARDS FOR PARTICULAR USES
nuisance to surrounding property, because of noise, smoke, gas, odor, heat or vibration, the
emission of which shall not be permitted in any residential district.
(2) Suitable off-street parking space for maintenance, service, or other vehicles shall be provided.
(3) Minor structures, such as hydrants, telephone or light poles, pole transmitters or transformers, or
similar equipment, shall not be subject to these regulations.
(4) The provisions of this section shall apply to public utility transmitting or relay stations, provided
that no such station shall be permitted on a site less than one acre in area, and provided further that
no site shall have a horizontal dimension less than twice the height of the tallest structure on the
site.
(5) In residential districts, all buildings shall be in character with surrounding residences.
Utility transmission lines.
Transmission lines for use by a public utility serving the local or regional area, including telephone,
electric light and power lines, may be permitted as a conditional use, provided that:
(1) The provisions of this section shall not apply to telephone, electric light and power lines carrying
less than thirty-three thousand (33,000) volts and usually located along public highways, or to
local underground conduits, cables, gas, sewer and water mains or pipes.
(2) It is clearly demonstrated that the establishment of the particular use in the area is necessary for
the operation of the public utility system, or required to supply utility service to the local area.
(3) The location and construction of any transmission line shall be such as not to endanger the public
or surrounding property. A right-of-way of sufficient width shall be required to permit the safe
construction and maintenance of the transmission line and to prevent any hazard to surrounding
property. On a one or two circuit transmission line, the distance from the tower base to the nearest
boundary of the transmission line, right-of-way shall be no less than twenty-five (25) feet; on a
three or four circuit transmission line, the distance from the tower base to the nearest boundary of
the transmission line right-of-way shall be no less than fifty (50) feet. Suitable fencing or
landscaping of a tower base may be required when, in the opinion of the reviewing board, it is
necessary to protect the public or conserve the values of surrounding property.
(4) Gas booster stations or storage tanks shall not be permitted in residential districts.
(5) Any sub -station along such transmission lines shall be subject to the requirements for utility
stations set forth in this article.
Vehicle sales lots.
Vehicle sales lots, as defined in article 23 and including sales offices and other accessory structures,
shall conform to the following requirements and other requirements as applicable:
(1) No encroachments of displayed vehicles within twenty (20) feet from the street right of way or
within areas designated as vehicle sight distance at street or driveway intersections
(2) Provide egress and ingress to and from the property in a forward movement.
(3) All display surface areas to be paved or stoned and proper drainage provided.
(4) Provide buffering of vegetation or fencing, or combination thereof, along all side and rear property
lines in conformance with this ordinance.
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ZONING ARTICLE 12. DEVELOPMENT STANDARDS FOR PARTICULAR USES
(5) All lighting shall be directed to the interior of the property so as not to cause impact upon adjacent
properties or to street rights of way
(6) No establishment shall contain outdoor storage of junk vehicles, vehicles in disrepair or other
items associated thereto.
(7) Signage shall be in conformance with the requirements as specified by this ordinance.
(8) Areas utilized for wash areas shall provide for the proper drainage and retention of water runoff.
(9) All structures shall be subject to the requirements of the zoning district(s), building codes and
other applicable regulations of the Town.
Veterinary establishments.
No such establishments shall be nearer than two hundred (200) feet to any residential district. Where
all buildings and exercise areas are enclosed and soundproofed, the foregoing space separating such use
from other districts shall not be required.
Toivn of Carolina Beach July 1, 1999 Draft 59

ZONING
ARTICLE 13. RESERVED
ARTICLE 13. RESERVED
Town of Carolina Beach July 1, 1999 Draft 60

ZONING ARTICLE 14 CONDITIONAL USE PERMIT APPROVAL PROCESS
ARTICLE 14. CONDITIONAL USE PERMIT APPROVAL, PROCESS
14.1. Purpose.
Conditional use permits add flexibility to the zoning ordinance. Subject to high standards of planning
and design, certain property uses may be allowed in certain districts where these uses would not otherwise
be acceptable. By means of controls exercised through the conditional use permit procedures, property
uses which would otherwise be undesirable in certain districts can be developed to minimize any adverse
effects they might have on surrounding properties.
14:2: Issuance of Permit by Town Council
Conditional use permits may be granted by the Town Council for all uses of land and buildings
requiring a conditional use permit as listed in each zoning district, as may be applicable, after planning and
zoning commission review and recommendation, and after a public hearing.
14.3. Application.
(a) Major and minor Projects; application fees. The owner or owners, or their duly authorized agent,
of the property included in the application for a conditional use permit shall submit a complete application
and supplemental information to the zoning administrator. A fee in accordance with the Town's adopted
schedule of fees, payable to the Town of Carolina Beach, must accompany each application. For the
purposes of determining the fee, the zoning administrator shall categorize each such conditional use permit
application as either `;'Major" or "Minor", depending upon the complexity of review. Generally, Planned
Residential, Mixed Use, and Business Developments and similarly complex projects shall be categorized as
"Major", while projects such as bed and breakfast inns, small day care services, etc. shall be categorized as
"Minor".
(b) Site plan required. A site plan shall be prepared in accordance with the plan submittal
requirements of Article 17, Section 17.5 and shall be included in the application for a conditional use
permit. However, the review procedures for conditional use permits shall be governed by this Article, as set
forth in the paragraphs following.
(c) Number of copies to be submitted. Twelve (12) copies of the site plan and one (1) copy reduced to
3 ''/z" x 11" shall accompany the written "Application for Conditional Use Permit". After review of the
preliminary site plan, the zoning administrator shall advise the applicant as to the number of copies of the
final development plan that will be required.
14.5. Review for completeness by the zoning administrator.
(a) The zoning administrator, upon determining that the application is complete, and the appropriate
application fee received, shall then place it on the agenda of the Planning and Zoning Commission, in
accordance with the required cutoff date for submission of applications. Such application shall include all
of the requirements pertaining to it in this ordinance.
(b) Additional information, depending on the proposed use, may be required by the zoning
administrator, the Planning and Zoning Commission, and/or Town Council, as they deem necessary.
(c) The zoning administrator may also waive certain required information when such information is
not applicable to the use being proposed. For example, when one use is being changed to another within the
same existing structure, there may be no need for information related to vegetation removal, grading and
fill.
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ZONING ARTICLE 14 CONDITIONAL USE PERMIT APPROVAL PROCESS
14.6. Planning and Zoning Commission review.
(a) Planning and Zoning Commission makes recommendation to Town Council. The Planning and
Zoning Commission shall consider and make recommendations to the Town Council concerning such
conditional use permit application. The Planning and Zoning Commission shall review all applications at a
regularly scheduled public meeting held and advertised in accordance with its rules of procedure.
(b) Pre -application review and joint meeting with Town Council encouraged for certain projects. At
the discretion of the Planning and Zoning Commission, and with the concurrence of the applicant, the
Planning and Zoning Commission may request that a joint pre -application meeting with the Town Council
be held to discuss preliminary plans for the proposed use. This is especially encouraged where the
conditional use being proposed is large or may involve issues of significant impact in the community or
neighborhood.
14.7. Additional conditions.
(a) The Planning and Zoning Commission may recommend, and the Town Council in granting the
permit may designate, such conditions in addition and in connection therewith as will in its opinion assure
that the use in its proposed location will be harmonious with the spirit of this ordinance. All such
additional conditions shall be entered in the minutes of the meeting at which the permit is granted and also
on the certificate of the conditional use permit or on the plans submitted therewith. All specific conditions
shall run with the land and shall be binding on the original applicants for the conditional use permit, their
heirs, successors and assigns.
(b) In addition to the specific conditions imposed by the regulations of this ordinance and whatever
additional conditions the Town Council deems reasonable and appropriate, all conditional uses shall
comply with the height, yard area and parking regulations for the district in which they are to be located.
14.8. Action by Planning and Zoning Commission.
The Planning and Zoning Commission shall forward its recommendations to the Town Council within
sixty (60) days after the meeting of the Planning and Zoning Commission's final action. Failure to submit
a recommendation within this period shall be deemed a favorable recommendation.
14.9. Action by Town Council.
(a) Notice of public hearing. No conditional use permit shall be issued by the Town Council until
public notice is given of a public hearing to be held. Notice of public hearing shall be published in
accordance with G.S. section 160A-364. Public notice may also be posted on the property in question.
(b) Public hearing. The applicant shall present the request in the following manner:
(1) All persons shall be sworn before presenting evidence to the Town Council, unless waived by the
petitioner;
(2) All persons shall offer only competent material and substantial evidence in any presentation to the
Council. Competency shall be determined by the Council in its decision;
(3) All persons participating in the hearing or their representatives shall have an opportunity to cross-
examine adverse witnesses and to inspect any evidence presented;
(4) The applicant shall be allowed the opportunity to offer competent evidence in explanation or
rebuttal to objecting participants;
(5) Following the presentation of all evidence both for and against the application for conditional use
permit, the hearing may be continued until the next regularly scheduled meeting of the Town
Council or as soon thereafter as possible, at which time the Council will render its decision on the
application and will state its reasons, orally or in writing, for approving or disapproving the
application;
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ZONING ARTICLE 14 CONDITIONAL USE PERd1IT APPROVAL PROCESS
(c) Specific standards. No conditional use shall be granted by Town Council unless the following
provisions and arrangements, where applicable, have been made to the satisfaction of the Council:
(1) Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenience, traffic flow and control, and access in case of
fire or catastrophe;
(2) Off-street parking and loading areas where required, with particular attention to the items in (1)
above and the economic, noise, glare, or odor effects of the conditional use on adjoining properties
and properties generally in the district;
(3) Refuse and service area, with particular reference to the items in (1) and (2) above;
(4) Utilities, with reference to locations, availability, and compatibility;
(5) Screening and buffering with reference to type, dimensions, and character,
-(6) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic
effect, and compatibility and harmony with properties in the district;
(7) Required yards and other open space and preservation of existing trees and other attractive natural
features of the land;
(d) General conditions. The Town Council, in granting the permit, must also fmd that all four (4) of
the following conditions exist;
(1) That the use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved by the issuance of the conditional use
permit;
(2) That the use meets all required conditions and specifications;
(3) That the use will not substantially injure the value of adjoining or abutting property, or that the use
is a public necessity; and
(4) That the location and character of the use if developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general conformity
with the Town Land Use Plan and Policies;
A fmding of the Town Council that the four (4) required conditions exist, or a finding that one or
more of the four (4) required conditions do not exist, shall be based on sufficient and competent
evidence presented to the Town Council at the hearing at which the conditional use permit is
requested.
(e) Issuance, denial of permit. When issuing or denying conditional use permits, the Town Council
shall follow the procedures for boards of adjustment except that no vote greater than a majority vote shall
be required for the Town Council to issue such permits, and every such decision of the Town Council shall
be subject to review by the superior court by proceedings in the nature of a certiorari.
(f) Issuance, non -exemption from normal site plan review. Issuance of a conditional use permit based
upon a schematic site plan does not exempt the applicant from normal site plan review requirements as may
be applicable under Article 17.
14.9. Denial.
If the Planning and Zoning Commission recommends denial of the conditional use permit request,
and/or if the Town Council denies the permit, each body shall enter the reasons for its action in the minutes
of the meeting at which the action is taken.
14.10. Appeal.
Any appeal from an action by the Town Council on conditional uses shall be pursued in accordance
with Article 19 of this ordinance. Any such action by the Town Council shall be considered as the
equivalent of action on a proposed zoning amendment and shall be reviewable only in the same manner as
action on a proposed amendment.
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ZONING 4RTICLE 14 CONDITIONAL USE PERMIT APPROV,4L PROCESS
14.11. Permit voidance.
(a) The zoning administrator shall ensure compliance with the plans approved by the Town Council
and with any other conditions imposed upon the conditional use permit. In the event of failure to comply,
no building permits for further construction or certificates of occupancy under the conditional use permit
shall be issued, and all completed structures shall be regarded as nonconforming uses subject to the
provisions of this ordinance.
(b) A conditional use permit, issued by the Town Council, shall become null and void if construction
or occupancy of the proposed use as specified on the conditional use permit has not commenced within one
(1) year of the date of issuance. At the request of the permitee, and for good cause shown, the Town
Council may extend said period required for commencement of construction or occupancy for a time
certain.
(c) At any time after a conditional use permit has been issued, Town Council, as applicable, may hold
a public hearing to find if it should be terminated. Upon findings that the conditions of the conditional use
permit are not being fulfilled, Town Council shall revoke it and the use of the property allowed by such
permit shall be discontinued immediately. If a conditional use permit is terminated for any reason, it may
only be reinstated after a full review and approval in accordance with the provisions of this article.
14.12. Modifications to approved plan.
(a) Major changes to approved plans and conditions of development may be authorized only by the
Town Council after review and recommendation by the Planning and Zoning Commission in the same
manner as outlined in this article for original submission. Major changes include, but are not limited to:
(1) Change in use;
(2) Increase in intensity of the development; such as, increase in density of units, whether residential,
office, commercial or industrial; an increase in number of off-street parking or loading spaces; or,
an increase in impervious surface area;
(3) An increase in overall ground coverage by structures;
(4) A change in any site dimension by more than ten (10) percent;
(5) A reduction in approved open space or screening;
(6) A change in access and internal circulation design.
(b) Minor changes, which are not deemed as major changes by the zoning administrator in
consultation with the director of planning, may be authorized by the zoning administrator if
required by engineering or other physical circumstances not foreseen at the time of approval
Town of Carolina Beach July 1, 1999 Draft 64

ZONING
ARTICLE 15. RESERVED
ARTICLE 15. RESERVED
Town of Carolina Beach July 1, 1999 Draft 65

ZONING .ARTICLE 16. PL 41VNED UNIT DEVELOPMENTS
ARTICLE 16. PLAIIINED UNIT DEVELOPMENTS.
16.1 Purpose.
Residential, business, and industrial planned unit developments are conditional uses intended to
encourage innovation, flexibility of design, and better land use by allowing deviations from the standard
requirements of the Town's specific zoning districts. The purpose of providing for these conditional uses is
to promote:
(1) Improved compatibility of new development with existing residential neighborhoods, commercial
enterprises, and industrial uses;
(2) Flexibility of design to take greatest advantage of a site's natural and developmental qualities;
(3) Accumulation of large areas of usable permanent open space to preserve important natural
resources; and
(4) Efficient use of land that may result in lower development and public service costs. _
16.2 Review criteria.
The following review criteria are established as general guidelines for the Planning and Zoning
Commission and the Town Council in their deliberations and decision making regarding planned unit
developments.
(1) Degree of departure of the proposed planned unit development from surrounding areas in terms of
character, density, or type of use.
(2) Compatibility within the planned unit development and relationship with the surrounding
neighborhoods.
(3) Prevention of the erosion of property values and degrading of surrounding area.
(4) Provision for future public recreational facilities, transportation, water supply, sewage disposal,
surface drainage, flood control, and for soil conservation as shown in the development plans.
(5) The nature, intent, and compatibility of permanent open space, including the proposed method for
the maintenance and conservation of said permanent open space.
(6) The feasibility and compatibility of the specified stages contained in the preliminary development
plan to exist as an independent development.
(7) The availability and adequacy of water and sewer service to support the proposed planned unit
development.
(8) The availability and adequacy of primary streets and thoroughfares to support traffic to be
generated within the proposed planned unit development, and including the promotion of
bicycling, walking and other alternatives to the automobile.
(9) The benefits within the proposed developments to the
departure from the standard zoning district requirements.
(10)The conformity and compatibility of the planned unit development with any adopted development
plan of the Town of Carolina Beach.
Town of Carolina Beach 66

ZONING
,4RTICLE 16. PLANNED UNIT DEVELOPMENTS
(11)The conformity and compatibility of the proposed open space, primary and secondary uses within
the proposed planned unit development.
(12) Provision for emergency vehicle access and service to the proposed development.
(13)Preservation of important natural amenities on the site of the proposed development.
16.3 Procedures for plan submittal, review and approval.
The following procedures are established for the submittal, review, and approval of planned unit
development conditional use permits.
-(1) Submittal procedures. A planned unit development submittal consists of two (2) parts: a
preliminary development plan and a fmal development plan. The preliminary development plan is
the initial submittal for review by the planning and development staff and other applicable
agencies through the Technical Review Committee review process. This offers the applicant the
opportunity to discuss the development proposal with the applicable review agencies and receive
direct input from said agencies in the preparation of the final development plan. The final
development plan is the plan presented to the Planning and Zoning Commission and the Town
Council reflecting the actual development proposal for approval. Any proposal reflecting the
subdivision of property may be reviewed and presented jointly with the planned unit development,
conditional use proposal.
(2) Plan submittal requirements. The plan submittal requirements of Article 17, Section 17.5 shall
apply to Planned Unit Developments. However, the review procedures for planned unit
developments shall be governed by this Article, as set forth in the paragraphs following.
(3) Number of copies to be submitted. Twelve (12) copies of the preliminary development plan shall
be submitted to the zoning administrator. After review of the preliminary development plan, the
zoning administrator shall advise the applicant as to the number of copies of the final development
plan that will be required, based upon the complexity of the project and the magnitude of changes
recommended during review of the preliminary development plan.
(4) Review procedures.
a. The requisite number of copies of the preliminary development plan shall be submitted to the
zoning administrator thirty (30) days prior to the Planning and Zoning Commission meeting
at which of the proposed planned unit development is to be heard. The zoning administrator
shall then transmit the submitted plans and any additional materials to the applicable
Technical Review Committee agencies and establish a meeting date with the developer within
ten (10) days following the date of plan submittal. The Technical Review Committee shall
review the plans and any additional materials for compliance with the applicable local, state,
and federal regulations and suggest alternative methods for resolutions of compliance. If
modifications are to be made to the preliminary development plans, the applicant shall
perform such and resubmit the modified plans as the final development plan ten (10) days
prior to the Planning and Zoning Commission's regularly scheduled meeting date.
b. For final development plans, the zoning administrator shall transmit copies of the plans and
additional materials to the Planning and Zoning Commission for review and recommendation
of approval, conditional approval, or denial ten (10) days prior to the Planning and Zoning
Commission's regularly scheduled meeting date. The zoning administrator shall also provide
the recommendation of the Technical Review Committee to the Commission.
c. The final development plan and any additional materials, shall be transmitted to the Town
Council by the zoning administrator prior to the Town Council's regularly scheduled meeting
for review and approval, conditional approval, or denial. In addition, the zoning administrator
Town of Carolina Beach 67

ZONING ARTICLE 16. PLANNED UNIT DEVELOPMENTS
shall provide the recommendations of the Technical Review Committee and the Planning and
Zoning Commission to the Town Council.
d. If the development plan is denied, no application shall be accepted by the zoning
administrator for one calendar year from the date of Council denial for another request for a
planned development, conditional use for the same property, unless said waiting period is
specifically waived by the Town Council in its action to deny.
(3) Approval procedures. After approval of a final development plan, or any stage thereof, by the
Town Council, a conditional use permit shall be issued by the zoning administrator for a period of
one (1) year. If development has not commenced within the one (1) year period, the final approval
shall be declared null and void and the initial conditional use permit approval rescinded. At the
request of the developer, and for good cause shown, the Town Council may extend said period
required for filing of said application for a time certain.
16.4 General regulations.
The following general regulations shall apply to all planned unit developments:
(1) Off street parking. The off-street parking requirements of Article 7 of this ordinance shall apply to
all planned unit developments.
(2) Sign regulations. The sign regulations of Article 11 of this ordinance shall apply to all planned
unit developments according to the requirements for the zoning district in which each proposed
development is located.
(3) Fence and buffering regulations. The fence and buffering regulations of Article 8 of this
ordinance shall apply to the planned unit developments according to the requirements for the
zoning district in which each proposed development is located.
(4) Use modifications. The use regulations of Article 3 may be modified to permit uses that are
necessary to the operation of the planned unit development, such as maintenance buildings and
management offices. Any such uses shall be in substantial conformity with the character of the
surrounding property.
(5) Development standards. Construction standards for streets, sidewalks, sewer facilities, utilities
and drainage systems shall be in compliance with the requirements of the Town of Carolina Beach
subdivision regulations. Design requirements with respect to streets, sidewalks, and drainage
facilities may be waived by the Town Council upon determination of mitigating circumstances
that require or support deviation from the standards as recommended by the Technical Review
Committee.
(6) Landscaping and vegetation preservation. The provisions of the Town's landscape ordnance
(Article 8) shall apply to all planned unit developments.
(7) Maintenance of permanent open space, parking, streets, drainage systems, utilities, and other such
facilities. All common facilities shall be maintained for their intended purpose as expressed in the
approved final development plan. The method of providing for such maintenance shall be one (1)
or more of the following:
a. Public dedication to the Town, subject to
sole discretion.
b. Establishments of an association or nonprofit corporation of all individuals or corporations
owning property within the planned unit development for the purpose of ensuring
maintenance of common facilities.
Town of Carolina Beach 68

ZONING
ARTICLE 16. PLANNED UNIT DEVELOPMENTS
c. Retention of ownership, control, and maintenance of common facilities by the developer.
(8) Commercial marinas. For commercial marinas approved as all or part of a planned unit
development conditional use permit request, the following requirements and shall apply:
a. Parking shall be provided in accordance with the requirements of Article 7.
b. Separate male and female rest room facilities shall be provided for the exclusive use of the
commercial marina patrons.
c. Properly screened and adequately sized solid -waste disposal facilities shall be provided for
the exclusive use of commercial marina patrons.
d. A separate, incorporated property owners association shall be established to provide for the
maintenance of all common property and facilities.
e. Water shall be provided.
f. Electricity shall be provided.
g. Sewer pump outs shall be provided.
16.5 Residential planned unit development regulations.
The following regulations shall apply to residential planned unit developments.
(1) Acreage requirements. No minimum acreage requirement.
(2) Minimum setback requirements. The minimum setback requirements for this conditional use shall
be as follows:
a. Minimum setback from public or private street rights of way: Ten (10) feet. Structures or
buildings exceeding thirty-five (35) feet in height shall be set back an additional one (1) foot
on all sides for every one (1) foot of height above thirty-five (35) feet. In addition, other
applicable setbacks may be recommended by the Planning and Zoning Commission and
approved by Town Council.
b. Minimum set back from property lines: Ten (10) feet. Structures or buildings exceeding thirty-
five (35) feet in height shall be set back an additional one (1) foot on all sides for every one
(1) foot of height above thirty-five (35) feet. In addition, other applicable setbacks may be
recommended by the Planning and Zoning Commission and approved by Town Council.
c. Minimum separation between on -site structures: Fifteen (15) feet. Structures or buildings
exceeding thirty-five (35) feet in height shall be set back an additional one (1) foot on all sides
for every one (1) foot of height above thirty-five (35) feet. In addition, other applicable
setbacks may be recommended by the Planning and Zoning Commission and approved by
Town Council.
(Note: building codes and other state and federal regulations may mandate setbacks greater
than those specified or recommended.)
(3) Density. For those zoning districts in which residential planned unit development is a conditional
use, the maximum allowable density for multi family and single family (cluster type) development
shall be one and one quarter (1'/4) times the maximum allowable density for the district in which
the developrzrent is located. For the zoning district's which do not specify densities, the
Town of Carolina Beach 69

ZONING
ARTICLE 16. PLANNED UNIT DEVELOPMENTS
determination criterion for density purposes shall be forty (40) percent of land coverage. (Note:
the density figures established in this section are intended to represent maximum density; the
actual density to be allowed in a particular planned unit development shall be determined by the
Town Council, after considering the recommendation of the Town Planning and Zoning
Commission, based on the review criteria established in subsection 16 (b) of this Article.
(4) Permanent open space. Twenty-five (25) percent of the gross acreage of a residential planned unit
development shall be permanent open space, as defined below. For the purposes of this ordinance,
permanent open space shall be defined as any land to be utilized as landscaped green space, parks,
playgrounds, parkway medians, active recreational uses, or for other similar functions; areas
required as setbacks or for separation between structures may be utilized in calculating a projects
permanent open space requirements. Man-made lakes or other watercourses may be used to fulfill
the requirements of this section. Designated wetlands or marsh may not be calculated as part of
the permanent open space requirement nor utilized in calculating density.
(5) Establishment of lots within planned unit developments. Any non -cluster lots created within
planned unit developments, with the exception of Townhouse Development, whereby the lot size
is determined by the structure foundation in that the lot shall not exceed the perimeter of the
structure foundation and located immediately beneath such, shall be subject to the minimum area
and other requirements of the zoning district in which located and processed as a subdivision in
conjunction with the planned unit development.
(6) Maximum site coverage. The maximum coverage of the site by structures shall be forty (40)
percent of the gross site acreage after excluding wetlands, marsh or other non -buildable land.
(7) Commercial uses. Residential planned unit developments may contain commercial development
(planned business development) not exceeding ten (10) percent of the total development project
area. Such commercial development shall be located and designed so as to be functionally and
architecturally compatible with a residential neighborhood. Requirements shall include modest,
subdued signage and outdoor lighting in keeping with a residential area, minimal, well landscaped,
off-street parking, and easy access by bicycle or on foot via connecting sidewalks. Traffic from
outside the planned unit development wishing to gain access to the commercial businesses
associated with the development shall not be permitted to cut through a residential area to reach
the business location.
16.6 Business planned unit development regulations.
The following regulations shall apply to business planned unit developments:
(1) Acreage requirements. No minimum acreage requirements.
(2) Establishment of lots within development. Any non -cluster lots created within planned unit
developments, with the exception of Townhouse Development, whereby the lot size is determined
by the structure foundation in that the lot shall not exceed the perimeter of the structure foundation
and located immediately beneath such, shall be subject to the minimum area and other
requirements of the zoning district in which located and processed as a subdivision in conjunction
with the planned unit development.
(3) Minimum setback requirements:
a. Minimum setbackfrom public or private street rig>i s o way. Ten-(-l0}feet.—Structures or
buildings exceeding thirty-five (35) feet in height shall be set back an additional one (1) foot
on all sides for every one (1) foot of height above thirty-five (35) feet. In addition, other
applicable setbacks may be recommended by the Planning and Zoning Commission and
approved by Town Council.
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ZONING
ARTICLE 16. PLANNED UNIT DEVELOPMENTS
b. Minimum set back from property or lot line: Fifteen (15) feet. Structures or buildings
exceeding thirty-five (35) feet in height shall be set back an additional one (1) foot on all sides
for every one (1) foot of height above thirty-five (35) feet. In addition, other applicable
setbacks may be recommended by the Planning and Zoning Commission and approved by
Town Council.
c. Minimum separation between on -site structures: Fifteen (15) feet. Structures or buildings
exceeding thirty-five (35) feet in height shall be set back an additional one (1) foot on all sides
for every one (1) foot of height above thirty-five (35) feet. In addition, other applicable
setbacks may be recommended by the Planning and Zoning Commission and approved by
Town Council.
(Note: building codes and other applicable state and/or federal regulations may mandate
setbacks greater than those specified or recommended.)
(4) Maximum site coverage. No maximum site coverage requirements.
(5) Maximum density for hotel/motel uses. For hotel and motel uses within a business planned unit
development, the maximum density for each such use shall be one and one -quarter (1'/4) times the
maximum density allowed for residential uses within the applicable zoning district.
(6) Permanent open space. At least ten (10) percent of the gross acreage of the planned business
development shall be designated as a permanent open space and landscaped according to an
approved landscaped plan. Landscaping required as a buffer may be counted toward the required
ten (10) percent.
16.7 Industrial planned unit development regulations.
The following regulations and shall apply to industrial planned unit developments:
(1) Acreage requirements. The minimum size for an industrial planned unit development is three (3)
acres. This acreage requirement may be waived by the Town Council after a favorable
recommendation for such a waiver by the Planning and Zoning Commission.
(2) Minimum setback requirements:
a. Minimum set back from public or private street right of way: Twenty (20) feet. Structures or
buildings exceeding thirty-five (35) feet in height shall be set back an additional one (1) foot
on all sides for every one (1) foot of height above thirty-five (35) feet. In addition, other
applicable setbacks may be recommended by the Planning and Zoning Commission and
approved by Town Council.
b. Minimum set back from property or lot lines: Fifteen (15) feet. Structures or buildings
exceeding thirty-five (35) feet in height shall be set back an additional one (1) foot on all sides
for every one (1) foot of height above thirty-five (35) feet. In addition, other applicable
setbacks may be recommended by the Planning and Zoning Commission and approved by
Town Council.
(Note: building codes and other state and federal regulations may mandate setbacks greater
than those specified or recommended.)
(3) Provision of buffers. When an industrial planned unit development borders an existing residence
or residential district, the buffer requirements of Article 8 shall be in effect.
(4) Permanent open space. At least ten (10) percent of the gross acreage of an industrial planned unit
development. shall be designated as permanent open space and landscaped according to an
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ZONING
ARTICLE 16. PLANNED UNIT DEVELOPMENTS
approved a landscape plan. Landscaping required as a buffer shall not be counted towards the
required ten (10) percent.
(5) Maximum site coverage. The maximum coverage of the site by structures shall be fifty (50)
percent of the buildable site coverage.
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ZONING ARTICLE 17. SITE PLAN REQUIREMENTS AND APPROV4LS
ARTICLE 17. SITE PLAIN REQUIREMENTS AND APPROVALS
17.1. Purpose.
To promote development of land in accordance with standards which promote and protect the health,
safety, and welfare of the community and its natural environment and to encourage compliance with
environmental protection requirements.
17.2. Compliance with site plan required; no building permit without approved site plan.
(a) It shall be unlawful for any person to construct, erect, or alter a building or structure or develop,
change, or improve land for which a site plan is required except in accordance with the approved site plan.
(b) No building permit shall be issued to construct, erect, or alter any building or structure or develop
or improve any land that is subject to the provisions of this section until a site plan has been approved.
17.3. Types of projects to which these site plan requirements apply.
The site plan requirements of this Article apply to all projects as itemized below.
(a) A site plan is required and shall be submitted for approval of any permitted use, except standard
single family platted residential (stick built, modular, or manufactured), in the following districts:
(1)
R-MH:
Manufactured Home District
(2)
R-MF:
Multi -Family Residential District.
(3)
MX-1:
Mixed Use District
(4)
CBD:
Central Business District
(5)
NB:
Neighborhood Business District
(6)
HB:
Highway Business District
(7)
MB:
Marina Business District
(3)
T-1:
Tourist District
(9)
I-1
Industrial District
(b) In addition, a site plan (plot plan) is required and shall be submitted for approval in any of the
following circumstances:
(1) As a requirement for a conditional use permit including, but not limited to, any use identified as
"conditional' in the Table of Permissable Uses set forth in Article 3 and as discussed under Article
14.
(2) For any development, except single-family platted residential, for which off-street parking areas
are provided as required in this Chapter.
(2) For any use, except single-family residential, which lies contiguous to a major thoroughfare or
collector street.
(3) For any Performance Residential Development, as defined in Art 23.
(4) For any Planned Unit Development, whether residential, business, or industrial as discussed in
Article 16.
(5) For any other use or development for which the submission of a site plan is required by any
provision of this Chapter, except for Conditional Uses and Planned Unit Developments (See
17.4. Preparation of plans by licensed professional.
Site plans, or any portion thereof, involving engineering, architecture, landscape architecture, or land
surveying shall be prepared and certified respectively by a licensed professional engineer,_ architect,
landscape architect or land surveyor duly registered by the State of North Carolina. The zoning
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ZONING ARTICLE 17. SITE PLAN REQUIREMENTS AND APPROVALS
administrator may waive this requirement for projects that, in the judgment of the administrator, are clearly
minor in nature, and not requiring licensed professional skills to accurately set forth the proposed project.
17.5. Site plan review submittal requirements.
All site plans submitted for review and approval shall consist of a written application and one or more
drawings, depending upon the scale and/or level of complexity of the development. Any item required by
this section may be waived by the zoning administrator for projects that, in the judgment of the
administrator, are clearly minor in nature, or where such information is clearly inapplicable to the project
under review. Formal review of the site plan shall not begin until all necessary information has been
submitted.
(a) Written Application. The written application shall include:
(1) The applicant's name, address, and phone number in full.
(2) The property owner's name, address, and phone number in full, if different than the applicant.
(3) The developers name, address, and phone number in full, if different than the applicant.
(4) The name, address, and phone number in full of the professional(s) responsible for preparing the
plan, if different than the applicant.
(5) If the applicant is different than the property owner of record, a signed statement that the applicant
is officially acting on the owner's behalf.
(6) The address and or parcel number of the property.
(7) Project title.
(8) The boundary of the property by metes and bounds description.
(9) Project description, including the total number of structures, units, bedrooms, offices, square feet,
total and usable floor area, parking spaces, carports or garages, employees by shift, amount of
recreation and open space, type of recreation facilities to be provided, and related information as
pertinent or otherwise required by this Chapter.
(10) A vicinity map drawn at a scale of 1 "=2000' with north point indicated.
(11)The gross acreage of all parcels in the project.
(12) Project completion schedule/development phases.
(13) Written statements relative to project's impacts on existing infrastructure (including capacity of
streets, schools, and utilities) and on the natural environment of the site and adjoining lands.
(b) Site plan drawing(s). To facilitate review it is suggested, but not required, that the site plan
drawings be presented on four (4) sheets: a site layout, a water/sewer and utilities plan, a conceptual
landscaping and buffering plan and a grading, erosion control and drainage plan. Depending on the scale or
complexity of the development, any or all of the sheets may be combined. All drawings shall be prepared
at a scale of 1 "=50' or larger, showing the site and all land within 150' of the site. Also, for major projects
and special sites, the zoning administrator may require the applicant to submit a reduced version (8 and 1/2
by 11-inch sheet size) of each required drawing submitted. Each site plan submittal package shall depict
the following information as may be applicable to the project under review:
(1) A suitable title block containing the necessary information to clearly link all plan drawings with
the written application.
(2) Date, north arrow, scale of drawing in feet per inch, bar graph and number of sheets.
(3) The names of adjoining recorded subdivisions, and owner(s) and use of adjoining property.
(4) Widths and names of all adjoining streets and rights -of -way.
(5) All dimensions, both linear and angular, for locating boundaries of the site, lots, streets, alleys,
easements, required setback lines, and monument locations.
(6) Existing topography and proposed finished topography in relation to mean sea level with a
maximum of two (2) foot contour intervals.
(7) Soil types and geology of the site if determined necessary by Town Staff.
(8) Corporate limits, township boundaries, county lines if on the site.
(9) Location and dimensions of all existing structures and improvements adjacent to and on the site,
including but not limited to:
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ZONING ARTICLE 17. SITE PLAN REOUIRE;VIENTS AND APPROVALS
a. Sidewalks, streets, alleys, and easements
b. Buildings and structures
c. Driveways, entrances, exits, parking areas, and loading spaces
d. Sanitary sewer systems
e. Water mains and fire hydrants
f. Gas, electric, telecable, and telephone systems
g. Recreation areas
h. Storm drainage systems including natural and man made.
(10) Location and delineation of all existing natural features and environmentally sensitive areas
adjacent to and on the site, including but not limited to:
a. Wooded areas, marshes, swamps, rock outcrops, ponds or lakes, streams or stream beds and
any other natural features affecting the site
b. Jurisdictional wetlands, i.e. "Section 404 wetlands".
c. CAMA Areas of Environmental Concern (AFC's), such as estuarine shoreline AFC's, ocean
hazard area AEC's, etc.
d. The exact location of the flood plain, floodway and floodway fringe areas as determined by
FEMA
(11) Location of all proposed structures and improvements, typical details, including but not limited to:
a. All proposed streets and alleys and the boundaries of all other areas intended to be dedicated
to public use
b. Principal and accessory buildings and structures to include:
1. Distance between buildings and structures to scale
2. Number of stories
3. Number of dwelling units
4. Height of all buildings and structures
S. Finished floor elevation(s)
6. Entrances and exits of the proposed buildings
c. Driveways, entrances, exits, acceleration and deceleration lanes, parking areas, and loading
spaces, including number of spaces and types of materials with appropriate details
d. Sanitary sewer systems with appropriate details
e. Water mains and fire hydrants with appropriate details
f. Gas, electric, telecable, telephone systems, and all other utilities
g. Landscaping and buffering plan prepared in accordance with the requirements of Article 3 of
this Chapter.
h. All sidewalks, walkways, bicycle paths and areas for public use.
i. Recreation areas and open space areas with type(s) of improvements including the location,
dimensions and details of common areas and facilities such as community buildings or
swimming pools if applicable.
j. Location, size and specifications of all signs and advertising features with cross -sections.
k. Exterior lighting locations with area of illumination illustrated as well as the type of fixtures
and shielding to be used.
1. Plans for collecting and disposing of storm water entering and collected on the site. The
design of these systems must meet the specifications of Article V, Section 12-211 to 233 of
the Town Code of Ordinances.
in. Location and refuse disposal facilities and type.
(12) Proposed grading schedule, including time of the year when grading will be in progress.
(13)Site calculations as may be appropriate.
(14)Any other information or data as determined necessary by Town staff and other reviewing
agencies.
17.6. Approval procedure according to whether the project is a permitted use or conditional use.
(a) Permitted Uses. Site Plans submitted for permitted uses may be approved by the Planning
Director or his designee under a "Zoning Verification and Plot Plan Approval" procedure. (An
example would be a proposal to remodel and expand an existing former retail building into an
Town of Carolina Beach July 1. 1999 Draft 75

ZONING ARTICLE 17. SITE PLAN REQUIREMENTS AND APPROVALS
office building.) If the permitted use involves technical issues, the Planning Director may, at his
discretion, call for a meeting of the Technical Review Committee to review the Site Plan.
(b) Conditional uses. Projects requiring a conditional use permit, such as multi -family housing
developments, planned unit developments, etc. require site plan review as a condition of permit
issuance. In such instances the specific site plan review requirements and procedures associated
with such permits shall take precedence over the "zoning verification and plot plan approval'
procedure outlined above. The site plan approval procedures for Conditional Use Permits (Article
14) and Planned Unit Developments (Article 16) are set forth under their respective Articles.
17.7. Action upon review.
(a) Action upon completion of "zoning verification and plot plan approval". If the Site Plan is
approved, the applicant may proceed with other requirements necessary to obtain a Building Permit. If the
Planning Director denies the Site Plan, reasons for the denial shall be stated in writing and the Site Plan
may be revised and resubmitted. The Planning Director shall take action within ten (10) days of reviewing
the Site Plan. If the Site Plan is denied, granted conditional approval, or no action is taken within ten (10)
days by the Planning Director, the applicant may appeal the Site Plan to the Planning and Zoning
Commission. The appeal may be made within fifteen (15) days after the denial, conditional approval, or
lack of action by the Planning Director.
(b) Expiration of Site Plan approval. If construction or development does not begin within twenty-
four (24) months following Site Plan approval, such approval shall expire and a new Site Plan must be
submitted in accordance with the procedures in this Section.
17.8. Number of copies to be submitted.
(a) For permitted uses. One (1) copy of the site plan shall accompany the form entitled "Zoning
Verification and Plot Plan Approval'.
(b) For conditional uses. Twelve (12) copies of the site plan and one (1) copy reduced to 8 %Z" x 11"
shall accompany the written "Application for Conditional Use Permit". (See Articles 14 and 16).
Town of Carolina Beach July 1, 1999 Draft 76

ZONING ARTICLE 18 NONCONFORMING SITUATIONS
ARTICLE 18. NONCONFORMING SITUATIONS
18.1 Continuation of nonconforming situations.
Nonconforming situations that were otherwise lawful on the effective date of this ordinance may be
continued, subject to the restrictions and qualifications set forth in subsections 18.2 through 18.5 of this
section.
18.2 Nonconforming lots.
(a) Use by right when all setbacks can be met. When a single nonconforming lot can be used in
conformance with all of the regulations (other than the area or width requirements) applicable to the district
in which the lot is located, such a use may be made as of right.
(b) Variance required when exceptions to setbacks are requested. The Board of Adjustment may issue
a variance to the setback requirements in accordance with the procedures and "required findings" set forth
under Article 21.
(c) Recombination of lots required when possible. Where the owner of a lot at the time of the
adoption of this chapter or the owner in title thereafter of the original lot does not own sufficient land to
enable the owner to conform to the dimensional requirements of this chapter, such a lot may be developed
as a single-family residence in a district in which residences are permitted. Whenever this ordinance creates
a nonconforming lot and the owner of the nonconforming lot also owns land adjacent to it, and a portion of
this other land can be combined with the nonconforming lot to create a conforming lot (without thereby
creating other nonconformities), the owner of the nonconforming lot, or his successor in interest, may not
take advantage of the provisions of paragraph 1 [sic] of this subsection. Owners of nonconforming lots may
take advantage of the provisions of paragraph 1 [sic] of this subsection. Owners of nonconforming lots may
take advantage of these provisions hereinabove stated as April 24, 1979, but in the event additional
nonconforming lots are created by transfer or sales after the above date, the above provisions shall not
apply.
(d) Reduction of required lot area when lost to shore erosion. Where lots abut the estuarine tidal
waters, as defined in Article 23, and where lot depth has been lost due to the encroachment of such waters,
making such lot area nonconforming to the zoning district requirements, the existing lot area may be
considered conforming to meet the minimum lot area requirements of the zoning district in which located.
However, the front and side yards of the zoning district shall apply. For soundfront lots located within the
RA-6 and RA-6B zoning districts, a fifty (50) percent reduction in the front yard shall apply where
appropriate provisions are made for off-street parking. Lots which have lost area due to estuarine tidal
waters or Carolina Beach Erosion Control and Hurricane Wave Protection Projects may be developed in
accordance with all applicable permitted uses of the zoning district in which located, provided that the
actual lot area above the mean high water level shall be utilized when computing the density for multi
family dwellings per lot. The Zoning Administrator shall make the determination of actual lot area.
Appeals to the decision of the Zoning Administrator shall be made to the Board of Adjustment in
accordance with the provisions of Article 21.
183 Extension or enlargement of nonconforming situations, including land uses and buildings.
(a) No increase in the extent of non -conformity. Except as specifically provided in this subsection, it
shall be unlawful for any person to engage in any activity that causes an increase in the extent of
nonconformity of a nonconforming situation.
(b) Non -conformity may extend throughout a completed building. Subject to paragraph (d) [sic] of this
section, a nonconforming use may be extended throughout any portion of a completed building that, when
the use was made nonconforming by this ordinance, was manifestly designed or arranged to accommodate
Town of Carolina Beach July 1, 1999 Draft

ZONING
ARTICLE 18 NONCONFORMING SITUATIONS
such use. A nonconforming use may not be extended to additional buildings or to land outside the original
building.
(c) Non -conformity may not be increased to cover more land. A nonconforming use of open land may
not be extended to cover more land than was occupied by that use when it became nonconforming.
(d) Increase in volume, intensity, or frequency of non -conforming use may be allowed. The volume,
intensity, or frequency of use of property where a nonconforming situation exists may be increased and the
equipment or processes used at a location where a nonconforming 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 in no
violations of other paragraphs.
(e) Physical alteration or addition of new structures. Physical alteration of structures or the placement
of new structures on open land are unlawful if they result in:
(1) An increase in the total amount of space devoted to a nonconforming use;
(2) Greater nonconformity with respect to dimensional restrictions such as yard requirements, height
limitations; or
(3) The enclosure of previously unenclosed areas, even though those areas were previously used in
connection with the nonconforming activity. An area is unenclosed unless at least seventy-five
(75) percent of the perimeter of the area is marked by a permanently constructed wall or fence.
(f) Repairs and maintenance are encouraged. Minor repairs to and routine maintenance of property
where nonconforming situations exist are permitted and encouraged.
(g) Major renovations require a conditional use permit. Work estimated to cost more than fifty (50)
percent of the appraised value of the structure to be renovated (and not required by the partial or total
destruction of a structure part (see paragraph (i) below) may be done pursuant to a conditional use permit
issued by the Town Council. The Council shall issue such a permit if it finds that the work will not result in
a violation of any other paragraphs of this subsection (particularly paragraph (e) above) or make the
property more incompatible with the surrounding neighborhood.
(h) Larger non -conforming home may replace a smaller one, including manufactured homes.
Notwithstanding the provisions of paragraph (e) above, any structure used for single-family residential
purposes and maintained as a nonconforming use may be replaced with a similar structure of a larger size,
so long as the replacement does not create new nonconformities or increase the extent of existing
nonconfomrities with respect to yard size and setback requirements. In particular, a manufactured home
may be replaced with a new manufactured home, or a "single -wide" manufactured home may be replaced
with a "double -wide." This paragraph is subject to the limitations stated in Section 18.5 on abandonment
and discontinuance of nonconforming situations.
(i) Restrictions for reconstructing a non -conforming structure. A structure that is nonconforming in
any respect or a structure that is used in a nonconforming manner may be reconstructed or replaced if
partially or totally destroyed, subject to the following restrictions:
(1) The total amount of space devoted to a non -conforming use may not be increased, except that a
larger, single family residential structure may be constructed in place of a smaller one and a new
manufactured home intended for residential use may replace a smaller one.
(2) The reconstructed building may not be more nonconforming with respect to dimensional
restrictions such as yard requirements, height limitations, or density requirements, and such
dimensional nonconfomuties must be eliminated if that can reasonably be accomplished without
unduly burdening the reconstruction process or limiting the right to continue the nonconforming
use of such building;
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ZONING
ARTICLE 13 NONCONFORMING SITUATIONS
(3) The reconstructed building may not enclose areas that were previously unenclosed, even though
those areas were used in connection with the nonconforming activity. An area is unenclosed unless
at least seventy-five (75) percent or more of the perimeter of the area is marked by a permanently
constructed wall or fence.
0) Reconstruction of buildings other than single family residential requires a conditional use permit.
Except for single-family residential structures (including manufactured homes), if the estimated costs of the
reconstruction work exceeds fifty (50) percent of the appraised value of the structure, the work may be
done only after issuance of a conditional use permit by the Town Council. The Council shall issue the
permit if it finds that the work will be done in accordance with the provisions of paragraph (i) above and
that the constructed building will not make the property more incompatible with the surrounding property
than it was before the destruction occurred.
18.4 Change in kind of nonconforming use.
(a) Once conforming, a property may not revert. A nonconforming use may be changed to a
conforming use. Thereafter, the property may not revert to a nonconforming use.
(b) Change from one non -conforming use or multiple uses to another non -conforming use or multiple
uses, requires a conditional use permit.
(1) A nonconforming use may be changed to another nonconforming use only in accordance with a
conditional use permit issued by the Town Council. The Council shall issue such a permit if it
finds that the proposed use will be more compatible with the surrounding neighborhood than the
use in operation at the time the permit is applied for. If a nonconforming use is changed to any use
other than a conforming use without obtaining a conditional use permit pursuant to this paragraph,
that change shall constitute a discontinuance of the nonconforming use, with consequences as
stated in section 18.5.
(2) If a nonconforming use and a conforming use, or any combination of conforming and
nonconforming uses, or any combination of nonconforming uses exist on one (1) lot, the use made
of the property may be changed substantially (except to a conforming use), only in accordance
with a conditional use permit issued by the Town Council. The Council shall issue such a permit if
it finds that the proposed use will be more compatible with the surrounding neighborhood than the
use or combination of uses in operation at the time the permit is applied for.
(3) No change from one nonconforming use to another nonconforming use shall be granted unless the
Town Council finds the proposed nonconforming use will be more compatible than the existing or
immediately preceding nonconforming use. Factors to be used in making such determination shall
include:
a. probable traffic generated by each use;
b. parking requirements of each use;
c. probable number of persons on the premises of each use at a time of peak demand;
d. off -site impacts of each use, such as a noise, glare, dust, vibration, or smoke.
18.5 Abandonment and discontinuance of nonconforming situations.
(a) Discontinuance ofa non -conforming use. When a nonconforming use is (1) discontinued for a
consecutive period of one hundred eighty (180) days, or (2) discontinued for any period of time without a
present intention to reinstate the nonconforming use, the property involved may thereafter be used only for
conforming purposes.
(b) Conditional use permit required to allow a conforming use on the same lot as a non -conforming
use. If the principal activity on property where a nonconforming situation other than a nonconforming use
exists is (1) discontinued for a consecutive period of one hundred eighty (180) days, or (2) discontinued for
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ZONING ARTICLE 18 NONCONFO)WING SITUATIONS
any period of time without a present intention of resuming that activity, then that property may thereafter
be used only in conformity with all of the regulations applicable to the districts in which the property is
located unless the Town Council issues a conditional use permit to allow the property to be used (for a
conforming purpose) without correcting the nonconforming situation. The Council shall issue such a permit
if it fords that (1) the nonconforming situation cannot be corrected without undue hardship or expense, and
(2) the nonconforming situation is of a minor nature that does not adversely affect the surrounding property
or the general public to any significant extent.
(c) Non -conforming uses shall be viewed in their entirety. For purposes of determining whether a
right to continue a nonconforming 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 (1) apartment in a nonconforming apartment building or one (1) space in a
nonconforming manufactured home park for one hundred eighty (180) days shall not result in a loss of the
right to rent that apartment or space thereafter so long as the apartment building or manufactured home
park as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a
conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to
maintain it thereafter. Therefore, if a manufactured home is used as a nonconforming use on a residential
lot where a conforming residential structure is also located, removal of that manufactured home for one
hundred eighty (180) days terminates the right to replace it.
(d) Structures or operations made non -conforming by this ordinance. When a structure or operation
made nonconforming by this ordinance is vacant or discontinued at the effective date of this ordinance, the
one hundred eighty -day period for purposes of this subsection begins to run at the effective date of this
ordinance.
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ZONING ARTICLE 19. ADMINISTRATION, ENFORCE11ENT AND REVIETV
ARTICLE 19. ADMINISTRATION, ENFORCEMENT AND REVIEW
19.1. Administrative Official.
The Zoning Administrator of the Town of Carolina Beach shall administer and enforce this ordinance
except as otherwise provided herein. Appeal from a decision of the Zoning Administrator may be made to
the Board of Adjustment as provided in Article 21.
19.2. Building Permit Required.
(a) Before commencing the construction, erection, repair, alteration, addition to, or moving of any
building or structure or part thereof, or before commencing any excavation for such building or structure,
or before erecting, or painting any sign (except where specifically authorized by this ordinance), a building
permit for the same shall be obtained from the Building Inspector.
(b) Before commencing the removal or demolition of any building or structure or part thereof, a
building permit authorizing said demolition shall be obtained from the Building Inspector.
19.3 Certificate of Compliance (Certificate of Occupancy) Required
It shall be unlawful to change or commence the use of any building or land, until a certificate of
compliance (certificate of occupancy) shall have been issued by the Building Inspector stating that the
building and/or proposed use complies with the provisions of this ordinance and all applicable codes of the
Town of Carolina Beach and the State of North Carolina.
19.4 Complaints Regarding Violations
Whenever the Zoning Administrator receives a complaint alleging a violation of this ordinance, he
shall investigate the complaint and take action in accordance with the procedures of Section 19.6 below.
The names of complainant parties shall be confidential.
19.5 Persons Liable.
The owner, tenant, or occupant of any building or land or part thereof and any architect, builder,
contractor, agent or other person who participates in, assists, directs, creates, or maintains any situation that
is contrary to the requirements of this ordinance may be held responsible for the violation and suffer the
penalties and be subject to the remedies herein provided.
19.6 Procedures Upon Discovery of Violations.
(a) If the Zoning Administrator finds that any provision of this ordinance is being violated, he shall
send a written notice to the person responsible for such violation, indicating the nature of the violation and
ordering the action necessary to correct it. Additional written notices may be sent at the Administrator's
discretion.
(b) The final written notice (and the initial written notice may be the final notice) shall state what
action the Administrator intends to take if the violation is not corrected and shall advise that the
Administrator's decision or order may be appealed to the Board of Adjustment in accordance with Article
21.
(c) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective
enforcement of this ordinance or pose a danger to the public health, safety, or welfare, the Administrator
may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized
in Section 19.7.
Town of Carolina Beach July 1, 1999 Draft 31

ZONING ARTICLE 19. ADMINISTRATION, ENFORCEMENT AND REVIEW
19.7 Penalties and Remedies for Violations.
(a) Violations of the provisions of this ordinance or failure to comply with any of its requirements,
including violations of any conditions and safeguards established in connection with grants of variances, or
conditional -use permits, or non-conforrning use permits, shall constitute a misdemeanor, which may be
prosecuted in accordance with General Statute 160A-175.
(b) Any act constituting a violation of the provisions of this ordinance or a failure to comply with any
of its requirements, including violations of any conditions and safeguards established in connection with
the grants of variances, or conditional -use permits, or non -conforming use permits, shall also subject the
offender to a civil penalty in an amount not to exceed S If the offender fails to pay this penalty within
seventy-two (72) hours after being cited for a violation, the penalty may be recovered by the Town in a
civil action in the nature of debt. A civil penalty may not be appealed to the Board of Adjustment if the
offender was sent a final notice of violation in accordance with Section 19.6 and did not take an appeal to
the Board of Adjustment within the prescribed time. (i.e. ten (10) days.)
(c) This ordinance may also be enforced by any appropriate equitable action.
(d) Each day that any violation continues after notification by the Zoning Administrator that such
violation exists shall be considered a separate offense for purposes of the penalties and remedies specified
in this section.
(e) Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce
this ordinance.
19.3 Permit Revocation
(a) A conditional use permit may be revoked by the permit -issuing authority (in accordance with the
provisions of this section) if the permit recipient fails to develop or maintain the property in accordance
with the plans submitted, the requirements of this ordinance, or any additional requirements lawfully
imposed by the permit -issuing board.
(b) Before a conditional use may be revoked, the notice and hearing requirements of this ordinance
shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the
revocation.
(1) The burden of presenting evidence sufficient to authorize the permit -issuing authority to conclude
that a permit should be revoked for any of the reasons set forth in Subsection (a) shall be upon the
party advocating that position. The burden of persuasion shall also be upon that party.
(2) A motion to revoke a permit shall include a statement of the specific reasons or findings of fact
that support the motion.
(c) Before a conditional use permit may be revoked, the Zoning Administrator shall give the permit
recipient ten (10) days notice of intent to revoke the permit and shall inform the recipient of the alleged
reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is
revoked, the Zoning Administrator shall provide to the permittee a written statement of the decision and the
reasons therefor.
(d) No person may continue to make use of land or buildings in the manner authorized by any
conditional use permit after such permit has been revoked in accordance with this section.
19.9 Judicial Review.
(a) Every final decision of the Board of Adjustment shall be subject to review by the Superior Court
of New Hanover County by proceedings in the nature of certiorari.
Town of Carolina Beach July 1, 1999 Draft 82

ZONING ARTICLE 19. ADMINISTRATION, ENFORCEMENT AND REVIEW
(b) The petition for the writ of certiorari must be filed with the New Hanover County Clerk of Court
within thirty (30) days after the later of the following occurrences:
(1) A written copy of the Board's decision has been filed in the office of the Zoning Administrator,
and
(2) A written copy of the Board's decision has been delivered by personal service or certified mail,
return receipt requested, to the applicant or appellant and every other aggrieved party who has
filed a written request for such copy at the hearing of the case.
(c) A copy of the writ of certiorari shall be served upon the Town of Carolina Beach.
Town of Carolina Beach July 1. 1999 Draft 83

ZONING
,4RTICLE20. RESERVED
ARTICLE 20. RESERVED
Town of Carolina Beach Julv 1, 1999 Draft 84

ZONING ARTICLE 31. BOARD RESPONSIBILITIES AND ADMINISTRATIVE MECHANISMS
ARTICLE 21. BOARD RESPONSIBILITIES AND AWYW4ISTRATIVE MECHANISMS
21.1. Town Council
(a) Powers and Duties of the Town Council as pertaining to planning and zoning matters. The Town
Council shall execute the following powers and duties:
(1) Zoning Amendments. The Town Council, as the governing body of the Town of Carolina Beach,
shall act in its legislative capacity when considering proposed amendments to the text of this
ordinance or to the zoning map and shall observe the procedural requirements set forth in Article
22 of this ordinance.
(2) Conditional Use Permits.
a. Conditional use permits for particular uses. In reviewing applications for a conditional use
permit for a particular use, the Town Council shall follow the Development Standards for
Particular Uses contained in Article 12, as well as procedures for reviewing conditional use
applications as set forth in Article 14, Conditional Uses.
b. Conditional use permits to allow a change of one nonconforming use to another. In reviewing
applications for a change of nonconforming use, the Town Council shall follow the standards
established in Article 18, as well as procedures for reviewing conditional use applications as
set forth in Article 14, Conditional Uses.
(b) Voting matters. When considering amendments to this ordinance or the zoning map, or in
considering the issuance of a conditional use permit, the Town Council shall follow the regular voting, and
other requirements as set forth in other provisions of the Town Code, the Town Charter, or general law.
21.2 Planning and Zoning Commission
(a) Establishment. A Planning and Zoning Commission, consisting of ten (10) members, is hereby
established. Eight (8) members, appointed by the Town Council, shall reside within the corporate limits of
Carolina Beach. Two (2) members shall reside within the Town's extraterritorial planning jurisdiction, and
shall be appointed as provided by State law. Members shall serve without compensation, but may be
reimbursed for actual expenses incidental to the performance of their duties within the limit of funds
available to the Commission.
(b) Tenure. Members of the Planning and Zoning Commission shall be appointed to serve terms of
three (3) years, and until their respective successors have been appointed and qualified. The terms of the
original members may be staggered so that all terms do not expire simultaneously. Vacancies shall be filled
for the unexpired term only.
(c) Officers. The Planning and Zoning Commission shall elect one member to serve as Chairman and
preside over its meetings, and shall create and fill such offices and committees as it may deem necessary.
The term of the Chairman and other offices shall be one year.
(d) Powers of the Planning and Zoning Commission. The Planning and Zoning Commission shall
have the following powers and duties related to the administration of the zoning ordinance:
(1) Review petitions for proposed amendments to the zoning ordinance text and/or map and make
recommendations to the Town Council.
(2) Review applications for the issuance of conditional use permits and make recommendations to the
Town Council.
(3) Initiate proposed amendments to the zoning ordinance text and/or map and make
recommendations to the Town Council.
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ZONING ARTICLE ? 1. BOARD RESPONSIBILITIES AND ADMINISTRATIVE MECHANISMS
(4) Prepare studies and plans related to controlling and creating orderly growth and development of
the Town.
(5) Develop and recommend to the Town Council plans, goals, and objectives as well as policies,
ordinances and administrative procedures or other means for carrying out the studies and plans
referenced above.
(6) Perform any other duties assigned by the Town Council as authorized in General Statute 153A-
321.
(e) Planning and Zoning Commission Administration.
(1) The Commission shall adopt rules of procedures and regulations for the conduct of its affairs.
(2) All meetings of the Commission shall be open to the public.
(3) The Commission shall keep a record of its meetings, including the vote of each member on every
question, a complete summary of the evidence submitted to it, documents submitted to it and all
official actions.
(4) The Commission shall give notice of matters coming before it by causing a public notice to be
placed in a newspaper of general circulation in the Town. The notice shall appear once a week for
two consecutive weeks, the first insertion to be not less than ten (10) days prior to the meeting
date.
(5) The person acting as Chairman of the Commission or the hearing officer is authorized to
administer oaths to any witnesses in any matter coming before the Commission.
(6) Any member of the Planning and Zoning Commission who misses more than three (3) consecutive
regular meetings or more than half the regular meetings in a calendar year shall lose his or her
status as a member of the Commission, and shall be replaced or reappointed by the Town Council
or New Hanover County Commissioners, as appropriate. Absence due to sickness, death, or other
emergencies of like nature shall be recognized as excused absences, and shall not affect the
member's status on the Commission, except that in the event of a long illness or other such cause
for prolonged absence, the member shall be replaced.
(f) Quorum and vote required.
(1) A quorum of the Commission, necessary to conduct any business of the Commission, shall consist
of five members.
(2) A simple majority vote of those present shall be necessary to conduct routine business of the
Commission.
21.3 Board of Adjustment.
(a) Establishment. A Board of Adjustment is hereby created. The word "Board", when used in this
Section, shall be construed to mean the Board of Adjustment.
(b) Number of members; appointments. The Board shall consist of five (5) regular members and two
(2) alternate members. Four (4) regular members and one (1) alternate member shall be citizens and
residents of the Town of Carolina Beach, and shall be appointed by the Town Council; and the remaining
one (1) regular member and one (1) alternate member shall be a citizen and resident of the town -zoned area
lying outside the corporate limits, and shall be appointed by the Board of County Commissioners in
accordance with Article 19, Section 160A-360F of the North Carolina General Statutes. All equal rights,
Town of Carolina Beach July 1, 1999 Draft 86

ZONING ARTICLE21. BOARD RESPONSIBILITIES AND ADiVILVISTRATIVE,tdECHANISMS
privileges and duties with other Board members in all matters pertaining to the regulation of all town -zoned
areas. Alternate members shall replace regular members on the Board when regular members are absent,
with the extraterritorial alternate member replacing the extraterritorial regular member and the alternate
member from within the town's corporate limits serving as a replacement for any non -extraterritorial
members. The alternate members shall assume all rights, privileges and duties of the regular Board
members when serving in the absence of regular Board members.
(c) Length of terms. The term of office of members of the Board shall be for three (3) years. .
(d) Vacancies. Vacancies occurring for reasons other than expiration of terms shall be filled in the
same manner as other appointments, as they occur, for the period of the unexpired term.
(e) Compensation. The members of the Board shall receive no compensation for their services.
(f) Officers, Rules of Procedure and Conduct of Meetings
(1) The Mayor shall designate one (1) of the members as chairman and another as vice chairman who
shall serve terms of one (1) year.
(2) The Board shall adopt rules of procedure for the conduct of its affairs and in keeping with the
provisions of this ordinance. Such rules of procedure shall not be effective until approved by the
Town Council. A complete listing of all officers, terms of office, and rules of procedure shall be
maintained for public record by the secretary of the Board and a copy of which shall be kept on
file in the office of the Zoning Administrator.
(3) All meetings of the Board shall be shall be open to the public and held in accordance with North
Carolina General Statutes, Article 33B, sections 143-318.1 to 143-318.7, or as may be amended.
The Board shall keep minutes of its proceedings suitable for review in court, showing:
a. The factual evidence presented to the Board by all parries concerned;
b. The findings of fact and the reasons for the determinations by the Board;
c. The vote of each member, or if absent or failing to vote indicating such fact, all of which shall
be public record and be filed in the planning department office.
(g) Appeals to the Board ofAdjustment. Appeals to the Board concerning interpretation or
administration of this ordinance by the Zoning Administrator may be taken by any person aggrieved or by
any officer, department, commission or board of the town. Such appeal may be taken by filing a notice of
appeal specifying the grounds thereof with the Planning Department and with the Board within ten (10)
consecutive calendar days after the issuance of the Zoning Administrator's order and at least thirty (30)
days before the Board's next regularly scheduled meeting. Upon proper filing of an appeal, the secretary of
the Board shall forthwith transmit to the Board all papers then constituting the record upon which the action
appealed from was taken as provided in the rules of procedure. The Board shall fix a reasonable time for
the hearing of 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.
(h) Appeal Stays All Proceedings. An appeal stays all proceedings in furtherance of the action
appealed from, unless the Zoning Administrator certifies to the Board after notice of appeal has been filed
with him that because of facts stated in the certificate of stay, in his opinion, would cause imminent peril to
life or property, or that because the violation charged is transitory in nature a stay would seriously interfere
with enforcement of this ordinance. In that case, proceedings shall not be stayed except by a restraining
order, which may be granted by the Board or by a court of record on application, on notice to the Zoning
Administrator and on due cause shown. The Zoning Administrator shall have one copy of said certificate
delivered by registered mail or by personal service to the appellant and to each member of the Board within
ten (10) calendar days from the date the appeal is filed with the Zoning Administrator. The certificate shall
also be placed on file with the Zoning Administrator for public inspection and recorded in the minutes of
the next meeting of the Board.
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ZONING ARTICLE 2 L BOARD RESPONSIBILITIES AND ADMINISTRATIVE MECHANISMS
(i) Powers and Duties of the Board of Adjustment
(1) To Hear Appeals (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. An
appeal from an order, requirement, decision or determination of the Zoning Administrator shall be
decided by the Board, based upon its findings of fact and to achieve the intent of the Ordinance. In
exercising this power, the Board shall act in a prudent manner so that the purposes of the
ordinance shall be served. The effect of the decision shall neither vary the terms of the Ordinance
nor add to the list of permitted uses in the districts. To that end, the Board shall have powers of the
administrative official from whom the appeal is taken
(2) To Authorize Variances. To authorize upon appeal in specific cases such variance from the terms
of the ordinance as will preserve the spirit and intent of the ordinance, secure public safety and
welfare, and provide substantial justice, when, owing to special conditions, literal enforcement of
the strict letter of this ordinance would result in practical difficulties or unnecessary hardships.
The Board may issue a variance only when all the terms and conditions set forth in this subsection
have been met.
a. Eligibility. Since variances run with the land and are not personal to the individual applicant,
any application for a variance shall be made by all persons (or their representatives) who have
a freehold interest, a possessory interest entitled to exclusive possession, or a contractual
interest which may become a freehold interest and is specifically enforceable, in the property
involved.
b. Application Procedure. An application for a variance shall be filed with the Zoning
Administrator on a form prescribed by the Zoning Administrator. A survey shall be included
in said application showing existing improvements and drawn to a scale not less than 1"=50'.
An application fee shall also be submitted in accordance with the Town's adopted fee
schedule.
c. Required findings. A variance may only be allowed by the Board of Adjustment in cases
involving practical difficulties or unnecessary hardships when substantial evidence in the
official record of the application supports all the following findings:
1. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures, or buildings
in the same district;
2. That the special conditions and circumstances do not result from actions of the applicant;
3. That because of such special conditions and circumstances, the applicant can secure no
reasonable return from, or make no reasonable use of, his property, if he complies with
the literal provisions of the ordinance;
4. That the hardship suffered is hardship that would affect any owner or occupant of the
property in question and is not personal to the applicant;
5. That the variance requested is a variance from dimensional requirements and does not
allow a use of the property which is prohibited expressly or by implication, in the
regulations applying to the property;
6. That granting the variance will be in harmony with the general spirit and intent of the
ordinance and will not be injurious to the neighborhood or the public safety or welfare;
c. Hearing. Upon receipt in proper form of a written application for a variance, the chairman of
the Board of Adjustment shall set a reasonable time for hearing the appeal and give written
notice of the time and place of the hearing to the applicant and all adjacent property owners
and property owners across the street in front of and across the alley behind the lot on which
the variance is to be considered. In addition, notice of the hearing shall be posted on the
property for which the variance is sought, and at the municipal building at least ten (10) days
prior to the hearing. The hearing will be conducted in the quasi-judicial manner mandated by
North Carolina appellate court decisions. Any parry may appear and present evidence, either
Town of Carolina Beach July 1, 1999 Draft 88

ZONING ARTICLE 21. BOARD RESPONSIBILITIES AND ,4DMINISTRATIVE,VECHANIS,IvIS
in person or by an agent or attorney. The applicant shall submit evidence at the hearing on
each of the above facts, and in the event of conflicting evidence, he shall have the burden of
proof.
d. Decision.
1. In considering all proposed variances to this ordinance, the Board shall, before making
any finding on a specific case, first determine that the proposed variance will not allow
the establishment of a use not otherwise permitted in a district by this ordinance; extend
in area or expand a nonconforming use of land; change the district boundaries shown on
the zoning map; impair any adequate supply of light and air to adjacent property;
materially increase the public danger of fire; materially diminish or impair established
property values within the surrounding area; or in any other respect impair the public
health, safety, morals, and general welfare.
2. Following the hearing, the Board of Adjustment shall make its decision based upon
evidence received at the hearing. In every case it hears, the Board shall indicate the
evidence on which the approval or denial of the variance is based.
e. Conditions. In granting any variance, the Board of Adjustment may prescribe reasonable and
appropriate conditions and safeguards, in conformity with this ordinance. Violation of any
such conditions or safeguards, when made a part of the terms under which the variance is
granted, shall be deemed a violation of this ordinance and punishable under Article 19 of this
ordinance.
0) Concurring Vote Necessary. The concurring vote of four (4) members of the board shall be
necessary to preserve any order, requirement, decision, or determination of the Zoning Administrator, or to
decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or to
grant a variance from the provision of any such ordinance.
(k) Rehearing. The Board shall refuse to hear an appeal or application previously denied, if it finds
there have been no substantial changes in conditions or circumstances bearing on the appeal or application.
(1) Appeals from the Board of Adjustment. Any person aggrieved by any decision of the Board of
Adjustment shall have standing for purposes of seeking further review by New Hanover County Superior
Court; provided, such review shall be subject to proceedings in the nature of certiorari. For purposes of this
section, "person aggrieved" shall mean any person, firm, corporation or group of persons of common
interest, including the town, its officials agents and employees, and any town departments, boards or
agencies, that are directly or indirectly affected substantially by a decision as set out herein. Any petition
for review by the superior court shall be filed with the clerk of superior court within thirty (30) days after
the decision of the Board is filed in the planning department, or after a written copy thereof is delivered to
every aggrieved party who has filed a written request for such copy with the planning department at the
time of the hearing of the case, whichever is later. The decision of the Board may be delivered to the
aggrieved party either by personal service or by registered mail or certified mail return receipt requested.
21.4 Board of Architectural Review (BAR)
(a) Establishment. There is hereby created and established "the BAR" for the Town of Carolina
Beach, North Carolina, hereinafter referred to as the 'BAR", composed of five (5) members appointed by
the Town Council, who shall serve in accordance with the directive of the Town Council. All members
shall be residents of the Town of Carolina Beach's planning and zoning jurisdiction at the time of
appointment and represent a cross-section of citizenry and businesses.
(b) Purposes and Objectives of the Board of Architectural Review (BAR): The Council declares that
the purposes and objectives of the BAR be m conformance with the Land Use Plan, revitalization plans and
programs, and other applicable codes, plans, and programs of the town to:
Town of Carolina Beach July 1, 1999 Draft 89

ZONING ARTICLE ? 1. BOARD RESPONSIBILITIES AND ADMINISTRATIVE WECHANISMS
(1) encourage originality, flexibility, and innovation in site planning and development, including the
architectural landscaping, and graphic design of said development in harmony with official
adopted standards;
(2) conserve the town's historic amenities, natural beauty, visual character, and charm by insuring that
structures, signs, and other improvements are properly related to their sites, and to surrounding
sites and structures with due regard to the aesthetic qualities of the area and that proper attention is
given to the exterior appearance of structures, signs, and other improvements in harmony with
adopted standards;
(3) protect and enhance the town's appeal to residents, tourists, and visitors and thus support and
stimulate business and industry and promote the desirability of industrial properties;
(4) to promote efforts to stabilize and improve property values and prevent blighted areas, and thus,
increase tax revenues;
(5) achieve the beneficial influence of pleasant environments for living and working;
(6) sustain the comfort, health, tranquility, and contentment of residents by reasons of the town's
favorable environment; and thus, to promote and protect the peace, health and welfare of the town;
(c) Membership Qualifications and Terms of Office:
(1) Membership shall be selected representing a cross-section of the community and representative of
both the residential and business elements, and where possible, may consist also of members who
have special interest in or experience in design, horticulture, town planning, financial institutions,
or closely related fields. (G.S. 160A-451).
(2) Membership shall be appointed for three (3) years staggered terms. Initially, Commission
appointments shall be: two (2) members for one-year term, two (2) members for two-year terms,
and one (1) member for a three-year term with terms expiring on March 31 of the appropriate term
of appointment. All subsequent appointments, except to fill a vacancy, shall be for three-year
terms.
(3) Members of the BAR shall serve without pay and at the discretion of the Town Council. The
Planning and Development Director shall serve as the administrative advisor in assisting this
Commission.
(d) Organization of the Board of Architectural Review (BAR).
(1) The BAR, within thirty (30) days of its appointment, shall meet and elect a chairman, vice
chairman, and a secretary. The chairman shall serve a two-year term but cannot serve more than
two (2) consecutive terms as chairman. The chairman shall be counted to determine a quorum, and
shall have one (1) vote as other members.
(2) The BAR shall maintain a record of its members' attendance, its actions, findings and
recommendations, which record shall be open to the public.
(3) A quorum of three (3) members shall be necessary to take any official action authorized or
required by this ordinance.
(4) Any vacancy shall be filled by the Town Council by appointment hearing provided for original
appointments to fill the unexpired term. The Town Council may remove any member for
misconduct or nonperformance of duty.
Town of Carolina Beach July 1, 1999 Draft 90

ZONING ARTICLE 21. BOARD RESPONSIBILITIES AND ADMINISTRATIVE MECHANIS,111S
(5) The BAR may adopt and amend from time to time rules to govern the conduct of its administrative
business, consistent with the provision of this ordinance.
(6) The BAR shall cooperate in all respects with the appropriate Town board, commissions, officers
and employees, including, but not limited to the Planning and Zoning Commission, the Town
Manager, and the Town Council.
(e) Meetings:
(1) Date, Time & Place. Meetings of the BAR shall be on the date, time and places as so elected by
the membership. Prior notice of the meeting date, time and place shall be provided to all members
and administrative staff one (1) week in advance of said meeting.
(2) Conduct of Meetings. All meetings of the BAR shall be open to the public. The order of business
at meetings shall be as follows:
a. Roll Call
b. Reading and Approval of the Minutes of the Previous Meeting
c. Reports of Committees
d. Old Business
e. New Business
f. Adjournment
(f) Powers and Duties of the BAR. The BAR, upon its appointment, shall review and analyze
proposed projects with respect to consistency with the adopted standards contained in Article d, Uniform
Development Standards of the Central Business District Overlay Area. Such standards may include but not
be limited to, architectural design in terms of compatibility within the CBDO, massing and scale in
relationship to surrounding uses, aesthetics, view sheds, etc. The purpose of the review and analysis is for
the purpose of making written recommendation to the Planning and Zoning Commission on all projects
subject to a Conditional Use Permit and/or within the CBDO where the applicant proposes substantial
changes to the facade of a building allowed as a permitted use and requiring an administrative approval by
the Planning and Development Department as part of the building permit process.
(g) Staff Advisor and Services. The Town Director of Planning and Development shall serve as
advisor and provide administrative assistance to the BAR as required. Other Town agencies or governing
body may be called on for assistance from time to time as required.
21.5 Town Manager/Zoning administrator
(a) The provisions of this ordinance shall be administered by the Town Manager or his designee,
typically the Zoning Administrator. All references in this ordinance to the Zoning Administrator shall also
include, therefore, any other official designee of the Town Manager. The Zoning Administrator shall have
the following powers and duties in the administration of the provisions of this ordinance:
(1) To make inspections of buildings or premises as necessary in the performance of his or her duties
in the enforcement of this ordinance;
(2) To make all necessary determinations and interpretations as required by this ordinance; and
(3) To propose and promulgate administrative regulations necessary to implement the provisions of
this ordinance.
(b) Under no circumstance is the zoning administrator permitted to make changes in this ordinance or
to grant exceptions to the actual meaning of any clause, standard, or regulation contained in this chapter.
Town of Carolina Beach July 1. 1999 Draft 91

ZONING ARTICLE 22. ZONING ORDINANCE TEXT AND MAP AMENDMENTS
ARTICLE 22. ZONING ORDINANCE TEXT AND TMAP AMENDMENTS
22.1 Authorization to amend; who may initiate.
The Town Council may from time to time, after public notice and hearing as provided by law, amend,
supplement or change, modify or repeal the boundaries or regulations herein or subsequently established.
Proposed amendments may be initiated by the Town Council, Planning and Zoning Commission, Board of
Adjustment, Town Administration, or by any person who resides or owns property within the zoning
jurisdiction of Carolina Beach.
22.2 Petition for an amendment.
The following action shall be taken by the applicant:
(1) Application. An application for any amendment shall contain:
a. a description of the current and proposed zoning regulation or district boundary to be applied,
b. a surveyor's map along with a written metes and bounds description of the property involved,
or a reference to lots in an approved subdivision,
c. the names and addresses of the owners of the property involved, and of adjacent property
owners. (See paragraph (4) below.)
(2) Such completed application shall be filed with the Planning Department no later than twenty-eight
(28) working days prior to the Planning and Zoning Commission meeting at which the application
is to be considered.
(3) Fees. A fee in accordance with the town's adopted fee schedule shall be submitted to the Zoning
Administrator with each application. No refund of the fee or any part thereof shall be made once
the application has been advertised for public hearing.
(4) Letters of notification. Whenever a petition for a change in zoning is submitted, all property
owners immediately adjacent thereto shall be mailed a notice of proposed petition or application
by first class mail. As part of the application, and to facilitate this process, the applicant shall
submit a list of names of owners, their addresses and the tax map and parcel numbers of the
properties immediately adjacent to the property of the request, including the property owner(s)
directly opposite the proposed request but separated by a street or alley right-of-way.
(5) ,Mailing. The Planning Department shall mail a letter of notification containing a description of
the request, and the time, date and location of the required public hearing at least ten (10) calendar
days prior to the public hearing. The Zoning Administrator shall certify to the Planning and
Zoning Commission or council that such notices have been mailed, and such certification shall be
deemed conclusive in absence of fraud.
(6) Failure to receive; effect. If any of the addressees of such letter of notification do not receive such
letter, this shall not invalidate or affect subsequent action on the petition for rezoning and such
requirement shall not be construed as a legal precedent to the official approval.
(7) Exemption. Town agencies are exempt from subsection (3) and (4) above.
223 Action by Planning and Zoning Commission.
Planning and Zoning Commission consideration. The Planning and Zoning Commission shall
consider and make recommendations to the Town Council concerning each proposed zoning amendment at
a regularly scheduled meeting held and advertised in accordance with its rules of procedure then in effect.
In lieu of separate consideration, the Planning and Zoning Commission may review an amendment in a
Town of Carolina Beach July 1, 1999 Draft 92

ZONING .4RTICLE 2. ZONING ORDINANCE TE,fT 4ND MAP AMENDMENTS
joint meeting with the Town Council at a public hearing held in conformity with the requirements of this
Ordinance.
22.4 Action by Town Council.
(a) Notice and public hearing. No amendment shall be adopted by the Town Council until after
public notice and hearing, at which parties in interest and citizens shall have an opportunity to be heard.
Notice of the public hearing shall be given once a week for two (2) successive weeks in a newspaper of
general circulation in the town prior to the date set for the public hearing. The first publication of such
notice shall be made no less than ten (10) days nor more than twenty-five (25) days prior to said hearing. In
computing such period, the day of publication is not to be included but the day of the hearing shall be
included. The applicant for a zoning change, if said applicant is other than the Town Council or Planning
and Zoning Commission, shall be required to post a sign provided by the Zoning Administrator describing
the proposed change at least fifteen (15) days prior to the meeting(s) at which the request is to be heard.
Said sign shall be posted in such a manner as to be visible from the dominant public right of way adjacent
to or in the vicinity of the property in question.
(b) Consideration. Before taking such lawful action as it may deem advisable, the Town Council
shall consider the Planning and Zoning Commission's recommendations on each proposed zoning
amendment.
(1) Petitions (applications) for amendments that receive a favorable recommendation from the
Planning and Zoning Commission, or petitions on which the Planning and Zoning Commission
fails to take any action within thirty (30) days after the Planning and Zoning Commission's public
meeting, shall be scheduled for public hearing before the Town Council.
(2) Petitions (applications) for amendments that receive an unfavorable recommendation from the
Planning and Zoning Commission may be appealed within ten (10) calendar days of the date of
such adverse decision to the Town Council by filing with the Town Clerk a notice, in writing,
stating therein the action of the Planning and Zoning Commission and the amendment requested.
22.5 Protest petition.
(a) In accordance with G.S. Section 160A-385, if a protest by written petition against a change
authorized by this section, signed by the owners of twenty (20) percent or more either of the area of the lots
included in such proposed change, or of those immediately adjacent thereto either in the rear thereof or on
either side thereof, extending one hundred (100) feet therefrom, or of those directly opposite thereto
extending one hundred (100) feet from the street frontage of such opposite lots, is presented as provided by
law, such amendment shall not become effective except by favorable vote of three -fourths (3/4) of all
members of the Town Council. Such protest shall contain the signature and address of each protesting
property owner, and the location of property owned by each protester shall be shown on a map attached to
the written petition.
(b) In accordance with G.S. section 160A-386, all protest petitions must have been received by the
town clerk in sufficient time to allow the town at least two (2) normal work days before the date established
for a public hearing on the proposed change or amendment to determine the sufficiency and accuracy of the
petition. For purposes of this ordinance, two (2) days shall mean at least forty-eight (48) hours prior to the
date (not the time) of the hearing. To be considered, a petition shall be complete in all respects at the time
of filing and no additions, corrections, revisions or other amendments shall be allowed after the filing
deadline.
22.6 Resubmission of a denied petition.
Once a petition for rezoning or ordinance text amendment has been denied, no resubmission of the
same request for rezoning or ordinance text amendment may be filed within one (1) year from the date of
such denial by the Town Council (or Planning and Zoning Commission), unless the Town Council shall
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ZONING ARTICLE 3'. ZONING ORDINANCE TEX AND MAP .AMENDMENTS
unanimously fmd that changing conditions in the area or new information concerning the property
requested for rezoning warrant a resubmission for change in the zoning ordinance or map. Provided that the
one year waiting period shall not be applicable or otherwise be involved in the filing of a new application
for rezoning all or any part of the property previously considered by the Planning and Zoning Commission
or the Town Council where the new application requests rezoning to a different zoning district
classification. Nevertheless, not more than two (2) applications may be filed for rezoning and/or part of the
same property within any twelve (12) month period.
22.7 Prohibition of certain testimony.
Under a general rezoning, the applicant shall be prohibited from offering any testimony or evidence
concerning the specific manner in which he intends to use or develop the property.
22.3 Appeals.
(a) Any person aggrieved by any amendment to the zoning ordinance, decision by the Board of
Adjustment or decision of the Town Council shall have standing for purposes of seeking further review by
a court of competent jurisdiction. For purposes of this section, "person aggrieved" shall mean any person,
firm, corporation or group of persons of common interest, including the town, its officials, agents and
employees, and any town departments, boards or agencies, that are directly or indirectly affected
substantially by an amendment or decision as set out herein.
(b) The applicant shall be entitled to argue on appeal only those objections or grounds asserted in the
original hearing which are preserved in the notice of appeal. The reviewing authority shall not decide any
matters that were not discussed or considered below it and which are not set forth in the written notice of
appeal.
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ARTICLE 23 DEFINITIONS
ARTICLE 23. DEFINITIONS
23.1. General.
Except as specifically defined herein, all words used in this ordinance shall have their customary
dictionary definitions. Certain words or terms used herein are defined as follows:
(1) Words used in the present tense include the future tense and the future tense includes the present
tense. Words used in the singular number include the plural number and the plural number
includes the singular number.
(2) The words "shall" and "will" are mandatory and not discretionary.
(3) The words "may" and "should" are permissive.
(4) The word "lot" includes the words "plot," "parcel," or "tract."
(5) The word "used" or "occupied" as applied to any land or building shall be constructed to imply
that said land or building is in actual use or occupancy and shall be construed to include the words
"intended," "arranged," or "designed" to be used or occupied.
(6) The word "map" or "zoning map" shall mean the official zoning map of the Town of Carolina
Beach, North Carolina.
(7) The word "chapter" or "regulations" shall mean this ordinance, including any amendment.
Whenever the effective date of the ordinance is referred to, the reference includes the effective
date of amendment to it.
(8) The word "street" includes the word "alley," "road," "cul-de-sac," "collector," "arterial,"
"highway" or "thoroughfare," whether designated as public or private.
(9) The word "includes" shall not limit the term of specific examples, but is intended to extend its
meaning to all other instances or circumstances of like kind or character.
(10)The word "person" includes a firm, association, organization, partnership, trust, company, or
corporation, as well as an individual.
23.2. Use of Fractions.
When any requirement of this ordinance results in a fraction of a unit, a fraction of one-half or more
shall be considered a whole unit and a fraction of less than one-half shall be disregarded. When the
determination of the number of multifamily dwelling units permitted on a lot results in a fraction of a
dwelling unit, a fraction of one-half or more shall be considered a dwelling unit and a fraction of less than
one-half shall be disregarded.
233. Definitions.
The following words and phrases are defined:
Accessory Apartments: An accessory apartment is a self-contained dwelling unit incorporated within
an existing structure for a single family.
Accessory use. structure or huildinQ• A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure. See Article 3, Table 3.9.2
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ARTICLE 33 DEFINITIONS
regarding maximum square footage of accessory structures on a lot relative to the principal structure. Also
see Home Occupation.
Adult day care centers: Institutions for the care of instruction of non -preschool aged persons. Also see
Article 12, Day nurseries,...
Adult entertainment establishment: Retail or service establishments permitted in Class II as defined in
section 8-69(b)(2) of the town code and which consist of, but are not limited to, cabarets, bars, taverns,
theaters, or other establishments which allow individuals, whether a patron, guest, invitee, employee
(permanent or temporary), or entertainer (contracted or otherwise) who is scantily clad and who performs
for the purpose of promotions, exhibition, and/or monetary gain through payment or solicitation(s). Also
see Art 12, Adult entertainment establishment.
Agricultural Use: For the purposes of this ordinance, agricultural use shall mean the raising of crops,
and shall not include the raising of livestock.
Alley: A strip of land owned publicly or privately, set aside primarily for vehicular service access to
the rear or side of property otherwise fronting on a street of a higher classification.
Alterations: The term "alterations" shall mean any change, addition or modification in construction or
type of occupancy, any change in the structural members of a building, such as walls, or partitions,
columns, beams or girders, the consummated act of which may be referred to herein as "altered" or
"reconstructed".
Apartment: See definition for Housing Unit below.
Apartment house: any building or portion thereof used as a multiple dwelling for the purpose of
providing three (3) or more separate dwelling units which may share egress and other essential facilities.
Art galleries: A building containing the display of photographs, paintings, sketches, sculptures or other
items of art for show or sell.
Automobile repair garage: Any building or part thereof wherein is kept or stored motor vehicles and
wherein painting, body and fender work, engine overhauling or other repair of motor vehicles is performed.
Awning: A roofline projection, which extends from a building to shelter a passerby from the weather.
The sides of an awning, canopy, or marquee shall be open except for necessary supports, planting, boxes,
and signs.
Barrier: Curbs, walls, fences, or similar protective devices designed and located to protect public
right-of-way and adjoining properties from damaging effects.
Basement: A story partly underground but having at least sixty (60) percent of its height above the
average level of the adjoining ground. A basement shall be counted as a story for the purpose of height
measurement if the vertical distance between the ceiling and the average level of the adjoining ground is
more than five (5) feet, if used for business, commercial, industrial, or dwelling purposes.
Bed and Breakfast Inn: A home occupation, as defined in this section and in Article 12, is a form of
guest lodging in which bedrooms are rented and breakfast is served. Bed and breakfast accommodations
may only be provided in buildings principally used as private residences, or in accessory structures meeting
the requirements of Article 12. The term is intended to describe the offering of temporary lodging in a
private home having architectural and historic interest, rather than the provision of food service or the
offering of facilities for long term occupancy, such as provided by boarding houses, inns, and similar guest
lodging.
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ARTICLE 23 DEFINITIONS
Billboard: Any sign or advertisement used as an outdoor display for the purpose of making anything
known, the origin or point of sale of which is remote from such display. (Also see defmition of "sign"
below.)
Block: The length of street between two (2) street intersections.
Board: Board of Adjustment.
Buffer: A dense, evergreen hedge or solid fence or wall used to enclose, screen, or separate certain uses
as specified in this ordinance. The design, composition, height, and location of such facilities shall be
approved by the Town of Carolina Beach Building Inspector and Zoning Administrator, in accordance with
the requirements of Article 8. Landscaping and Buffering.
Buildable: Not constrained by environmentally sensitive conditions that would retard site
development. In most instances, lands which are prohibited from development by state or federal
environmental permitting agencies are not regarded as "buildable". An exception to this rule -of -thumb is
private oceanfront property subject to CAMA regulations; this property can be utilized for meeting or
calculating density, minimum lot area, setbacks, lot coverage, and other such requirements of this
ordinance.
Building: Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or
property of any kind that has enclosing walls for fifty (50) percent of its perimeter. The term "building"
shall be construed as if followed by the words "or parts thereof'. For the purpose of this ordinance each
portion of a building separated from other portions by a firewall shall be considered as a separate building.
For the purpose of area and height limitations this definition shall be applicable to sheds and open sheds.
(Also see Structure: Stricture, Open Shed: and Structure. Shed)
Building area: The aggregate of the maximum horizontal cross section area of the main building on a
lot and all accessory buildings, excluding cornices, eaves, gutters, chimneys not projecting more than
eighteen (18) inches, steps, one-story open porches, bay windows not extending through more than one (1)
story and not projecting more than five (5) feet, balconies, and terraces.
Building height: The vertical distance from the mean elevation of the finished grade along the front of
the building, or from the established grade where the building is within ten (10) feet of the street line, to the
highest point of a flat roof, or to the deckline of a mansard roof, or to the mean height level between eaves
and ridge for ;able, hip, and gambrel roofs. For the purpose of meeting setback requirements, "stair -
stepping' (varying the height of the building) is an acceptable practice.
Building inspector: The officer or other designated authority charged with the administration of the
building code or his/her duly authorized representative or agent.
Building setback line: A line that establishes the minimum allowable horizontal distance between the
lot line and the nearest portion of any structure on the lot.
Buildine or stricture, existing: Any structure erected prior to the adoption of this ordinance, or one for
which a legal building permit has been issued.
Building izermit: Permission granted by the Building Inspector for the erection, relocation,
reconstruction, or structural alteration of any building.
Carport: See definition for Structures and Shed, open below.
Car Wash: A structure or portion thereof, the principal use of which is the washing of automobiles or
other motor vehicles.
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ARTICLE 23 DEFINITIONS
Cellar: A story having more than forty (40) percent of its height below the average level of the
adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.
Certificate of compliance: A certification that a premises conforms to provisions of the zoning
ordinance and building code and may be used or occupied; also known as a certificate of occupancy. (Also
see Section 19.3.)
Certiorari: A appellate proceeding which brings into superior court or other appropriate forum the
record of administrative, judicial or quasi judicial actions for the purposes of either re-examining the action
taken by the inferior body to determine the appropriateness of said action or to obtain further information in
the pending case.
Common areas and facilities: Those areas of a housing project and of a property upon which it is
located that are for the use and enjoyment of the owner of housing units located in the project. The areas
may include the land, roofs, main walls, elevators, staircases, lobbies, halls, parking space, and community
facilities.
Common open space: A parcel or parcels of land or an area of water or a combination of both land and
water within the boundaries of the development, which is designated and intended for the leisure and
recreational use of the residents of the development, not including streets or off-street parking areas.
Common open space shall be substantially free of structures, but may contain such improvements as are in
the plan as finally approved and are appropriate for the benefit of residents of the development.
Common party walls: A wall, used jointly by two (2) parties under easement agreement, erected upon a
line separating two (2) parcels of land, each of which is a separate real estate entity.
Conditional use: A use that would not be an appropriate general use in a particular zoning district
without restriction or review, but which, if controlled as to number, area, location or relation to surrounding
uses, would promote the public health, safety or general welfare. (See Article 12 for Special Development
Standards and Article 14 for Conditional Use Permit Process.)
Conditional use permit: The granting of permission by the Town Council for certain property uses
with conditions attached. (See Article 12 for Special Development Standards and Article 14 for Conditional
Use Permit Process.)
Condominium: A system of individual fee simple ownership of units in a multi -unit structure,
combined with joint ownership of common areas and facilities of the structure(s) and land.
Constniction, actual: Actual construction includes the placing of substantial construction materials in
permanent position and fastened in a permanent manner. Where demolition, excavation, or removal of an
existing structure has been substantially begun preparatory to new construction, such excavation,
demolition, or removal shall be deemed to be actual construction, provided that the work shall be carried,
or until the completion of the new construction involved as required under G.S. 160A-418. Actual
construction shall include only work begun under a valid building permit.
Convenient food store: A structure in which food stuffs, beverages, pharmaceuticals, small household
supplies and small personal items are retailed provided that the gross floor area of the structure shall not
exceed one thousand five hundred (1,500) square feet. Personal goods and wares sold typically can be
hand -carried from the premises by the buyer.
Conversion: A conversion is the modification of an existing residential structure to increase its density
by one or more housing units.
Curb: A structural element at the edge of an existing or proposed street or other way, generally at a
higher elevation than the adjacent edge of roadway, installed to deter vehicles and water from leaving the
roadway, to otherwise control drainage, to delineate the edge of existing or future roadways or driveways,
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ARTICLE '3 DEFINITIONS
to present a more finished appearance to the street, to assist in the orderly development of the roadside and
to contribute to the stability and structural integrity of the pavement.
Day care center. adult: A place receiving a payment, fee or grant for the temporary, part-time care of
more than five (5) adults, for more than four (4) hours per day. (See Article 12 for Development
Standards.)
Dav care center, child: A place receiving a payment, fee or grant for the temporary, part-time care of
more than five (5) children, thirteen (13) years of age or less, for more than four (4) hours per day, without
transfer of custody. The term day care center, child includes "kindergartens," "day nurseries," "nursery
schools" or other similar establishments. (See Article 12 for Development Standards.)
- Deck. An unenclosed structure designed for open-air recreation and leisure. A deck may be covered by
the floor of another room or deck, but not by a roof. The installation of permanent screening to wall or roof
enclosures shall be regarded as the conversion of a deck into a porch.
Deeded.• Conveyed through legal change of title or ownership.
Drive -tip bank teller facility: A device designed to permit access to bank teller services by persons in
automobiles.
Driveway,,?rivate: The area outside a street intended to serve as ingress and/or egress for vehicular
traffic between the street property line and an off-street parking area outside the street.
Driveway. Public: The area between the roadbed of a public street and other property, designed for, or
installed, serving as ingress and/or egress for vehicular traffic between such roadbed or traveled portion of
the street and off-street parking area or private driveway.
Dwelling Unit: See Housing Unit
Established grade: The elevation of the street grade as fixed by the Town.
Estuarine tidal water. For purposes of this ordinance, estuarine tidal water shall be construed to mean
the Myrtle Grove Sound, the Atlantic Intracoastal Waterway (AIWW), marsh, swamp, or other watercourse
or other wetland area that may be determined by the zoning administrator or building inspector or other
official or agency which has jurisdiction over such matters.
E_penditure: A sum of money paid out in return for some benefit or to fulfill some obligation.
Whenever the term is used hereafter, it also includes binding, contractual commitments to make future
expenditures, as well as any other substantial changes in position.
Exterior architectural feature: The architectural style, general design and general arrangements of the
exterior of a building or other structures including the kind, texture and color of the building materials, the
size and scale of the building, and the type and style of all windows, doors, light fixtures, signs and other
appurtenant features.
Extraterritorial area or jurisdiction: That land beyond the corporate limits extending for a distance of
up to one (1) mile in all directions as delineated on the official zoning map for the Town of Carolina Beach.
Familv: One or more individuals occupying a premises and living as a single non-profit housekeeping
unit, including domestic servants, provided that a group of five or more persons who are not related by
blood or marriage shall not be deemed to constitute a family.
Family care home: A home with support and supervisory personnel that provides room and board,
personal care and habitation services in a family environment for not more than six (6) resident
handicapped persons.
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,4RTICLE 33 DEFINITIONS
Farmers market: An establishment primarily engaged in the retail sale of solely fresh fruits and fresh
vegetables. Such uses are typically found in public or municipal markets.
Fire escape: A fireproof stairway down an outside wall, to help people escape from a burning building.
Flammable liquids: Liquids that ignite easily and burn freely.
Floodplain: Those floodlands, not including the floodway, subject to inundation by the 100-year
recurrence interval flood, or where such data is not available, the maximum flood of record.
Floodway: That area subject to inundation by the 10-year recurrence interval flood.
Flood proofing; A combination of structural provisions, changes, or adjustments to properties and/or
structures subject to flooding primarily for the reduction or elimination of flood damage to properties,
water, and sanitary facilities, structures, and contents of buildings.
Flood protection elevation: The elevation to which structures and uses regulated by this Chapter are
required to be elevated or flood proofed. This elevation is shown on the official flood hazard boundary map
(FHBM).
Fuel pump island: Any device or group of devices used for dispensing motor fuel or similar petroleum
products to the general public.
Garage. private: A building or space used as an accessory to or a part of a principal building permitted
in any residential district, and providing for the storage of motor vehicles and in which no business,
occupation or service for profit is conducted.
Garage. 2ttblic: Any building or premises, except those described as a private garage, used for the
storage or care of motor vehicles, or where any such vehicles are equipped for operation, repaired or kept
for hire or sale.
Garage. repair: See Automobile repair garage.
Gross floor area: The total area, on all floors, of floor space devoted to a particular use, including the
space occupied by such supporting facilities as storage areas, work areas, toilets, hallways, stairways,
mechanical equipment, and the like.
Group care/rehabilitation facility: Any facility licensed by the North Carolina State Department of
Human Resources for the provision of non-resident services including guidance, therapy, counseling, or
rehabilitation for one or more individuals.
Handicapped Jerson: A person with a temporary or permanent physical, emotional or mental disability
including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight
impairments, emotional disturbances or orthopedic impairments, but not including mentally ill persons who
are dangerous to others as defined in G.S. Section 122-58.2(1)b.
Health spa A commercial enterprise, private club, or business established for the purpose of providing
an indoor facility for physical exercise with the use of athletic equipment and accessory services. The term
"health spa" includes private exercise clubs, figure salons or health clubs.
Home occuyation:.dn occupation for gain or support customarily conducted on the premises by a
person or family residing thereon. (See Article 12 for conditions.)
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ARTICLE 23 DEFINITIONS
Hotel (motel): A building providing sleeping accommodations commonly available on a daily basis for
pay to transient and permanent guests or tenants, in six (6) or more rooms. Dining rooms, restaurants or
cafes, if existing, shall be conducted in the same building or buildings in connection therewith.
Hotel-minium/motel-minium: A structure containing individually owned hotel or efficiency units, and
operated in the manner of a hotel or motel.
Hotel unit: A unit or room used for transient lodging, containing no kitchen facilities.
Housing unit (dwelling unit): One (1) or more rooms together, constituting a separate, independent
housekeeping establishment for owner occupancy, or rental or lease on a weekly or longer basis, and
physically separated from any other housing unit which may be in the same structure, and containing
peirnanent provisions for living, sleeping, eating, cooking, and sanitation facilities for not more than one
(1) family.
Housing unit, types:
(1) Single family detached: A structure, other than a manufactured home, containing one (1) housing
unit only.
(2) Manufactured home: See Article 12 for definitions and development standards related to
manufactured homes.
(3) Modular home: A dwelling constructed in accordance with the standards set forth in the North
Carolina State Building Code and composed of components substantially assembled in a
manufacturing plant and transported to the building site for final assembly on a permanent
foundation.
(4) ;bfultiele family structure: A structure containing five (5) or more housing units, none of which are
available for rental periods of less than one (1) month. Has the same meaning as "apartment
house."
(5) Duplex: A structure containing two (2) housing units only.
(6) Triplex: A structure containing three (3) housing units only.
(7) Quadraglex: A structure containing four (4) housing units only.
(8) Garage apartment: ,4 detached accessory or subordinate building to an existing single family
dwelling, containing living facilities for not more than one family and having sufficient enclosed
area for one (1) parked automobile.
(9) Townhouse: A single-family dwelling unit constructed in a series or group of attached units with
property lines separating such units.
Impactfee: A fee charged by the Town, in the amount so specified, which covers the costs of impacts
created by the development which does not justify the expenditure of public money to supply the needs
created (i.e., parking impact fee —not the responsibility of the public to supply the parking required by the
business creating the need).
Junked vehicle: A motor vehicle that:
(1) is partially dismantled or wrecked; and
(2) cannot be self-propelled or moved in the manner in which it was originally intended; or
(3) is more than five (5) years old and appears to be worth less than one hundred dollars (S 100.00); or
(4) does not display a current license plate when the motor vehicle is required by laws of this state to
have such a license plate to operate on public roads, unless stored within an enclosed structure.
Junk vard or salvage operation: An establishment for storing, keeping, buying or selling of junk.
"Junk" shall be defined as old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber or discarded,
dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous
material.
Landfill. Reclamation: A fill to improve steep, low, or otherwise unusable land (not to include
wetlands) consisting of masonry or other non -organic or nontoxic matter.
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ARTICLE 23 DEFINITIONS
Landfill, sanitarv: A fill consisting of trash, garbage, and other waste and refuse placed in trenches,
compressed, and covered with compacted earth.
Least dimensions: The least dimension of a yard is the least of the horizontal dimensions of such yards.
If two (2) opposite sides of a yard are not parallel, such least dimension shall be deemed to be the mean
distance between them.
Loading space, off-street: Space for bulk pickups and deliveries, scaled to delivery vehicles and
accessible to such vehicles at all times even when required off-street parking spaces are filled. Required
off-street loading space is not to be included as off-street parking space in computation of required off-
street parking space.
Lot: A parcel of land whose boundaries have been established by some legal instrument such as a deed
or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title. Such
lot may be occupied or intended for occupancy by a principal building together with its accessory buildings
including the open space required under this ordinance. For the purpose of this ordinance, the word "lot"
shall mean any number of contiguous lots or portions thereof upon which one principal building and its
accessory buildings are located or are intended to be located. If a public road crosses a parcel of land
otherwise characterized as a lot by this definition, the land on each side of the public road shall constitute a
separate lot.
Lot coverage: That portion of a lot occupied by any semi -pervious or impervious structure or
structures, either at ground level or the equivalent thereto when a structure is elevated on pilings, excepting
parking areas and areas covered by the eaves of roofs.
Lot depth: The distance between the midpoints of straight lines connecting the foremost points of the
side lot lines in front and the rearmost points of the side lot lines in the rear.
Lot frontage: That portion of a lot abutting a street. In the case of a comer lot, the narrower side
fronting on the street shall be considered to be the front of the lot. In case the comer lot has equal frontage
on two (2) or more streets, the lot shall be considered to front on the street on which the greatest number of
lots front, or, if unplatted, on that street on which the greatest number of buildings have been erected. For
the purpose of determining yard requirements on comer lots and through lots, all sides of a lot adjacent to
streets shall be considered frontage, and yards shall be provided as indicated under "yards" in this section.
No lot shall fronton an alley.
Lot line: A line dividing one lot from another, or from a street or other public space or public trust
area.
Lot -line wall: A wall adjoining and parallel to the lot line used primarily by the party upon whose lot
the wall is located
Lot of record: A lot which is a part of a subdivision, a plat of which has been recorded in the Office of
the Register of Deeds of New Hanover County or a lot described by metes and bounds, the description of
which has been so recorded at the time of adoption of this ordinance, and which actually exists as so
shown.
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ARTICLE 23 DEFINITIONS
Lot types: Figure I illustrates terminology used in this ordinance with reference to comer lots, interior
lots, reversed frontage lots and through lots.
(1) Corner lot (A): A lot located at the intersection of and abutting upon two (2) or more streets. A lot
abutting on a curved street or streets shall be considered a comer lot if straight lines drawn from
the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of
less than one hundred thirty-five (135) degrees. See lots marked A (1) in the diagram.
(2) Interior lot (B): A lot other than a comer lot with only one frontage on a street.
(3) Through lot (C): A lot other than a comer lot with frontage on more than one street. Through lots
abutting two (2) streets may be referred to as double frontage lots.
Lot width: The mean horizontal distance between the side lot lines of a lot measured at a point midway
between the front lot line and the rear lot line; or at the rear lot line; or at the rear line of the required front
yard (building line) especially on irregular shaped lots.
Manufacturinz: The making of goods and articles by hand or, especially, by machinery, often on a
large scale and with division of labor.
Marina: A boat basin with facilities for berthing, securing or storing various types of watercraft.
Marina. commercial: Any marina which caters to the general public, provides goods or services for
sale, and/or, if located in a private residential development, makes available marina facilities to other
persons besides occupants of said residential development shall be regarded as a commercial marina.
Mobile home (Manufactured home): See Article 12 for definitions and development standards related
to manufactured homes.
Motel: See "Hotel" definition.
Mimici&zality: Shall mean the Town of Carolina Beach.
Natural feature: Any outside landscape feature on the site such as trees, shrubs, or rock formations.
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Nonconforming lot: A lot existing at the effective date of this ordinance or any amendment to it (and
not created for the purpose of evading the restrictions of this ordinance) that cannot meet the minimum area
or lot width requirements of the district in which the lot is located
Nonconforming oroiect: Any structure, development, or undertaking that is incomplete at the effective
date of this ordinance and would be inconsistent with any regulation applicable to the district in which it is
located if completed.
Nonconforming situation: A situation that occurs when, on the effective date of this ordinance or any
amendment to it, an existing lot or structure or use of an existing lot or structure does not conform to one
(1) or more of the regulations applicable to the district in which the lot or structure is located. Among other
possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage
requirements, because structures do not satisfy maximum height or minimum floor -space limitations,
because the relationship between existing buildings and the land (in such matters as density and setback
requirements) is not in conformity with the ordinance, or because land or buildings are used for purposes
made unlawful by the ordinance. (See Article 18).
Nonconforming use: A nonconforming situation that occurs when a building or land lawfully occupied
by a use on the effective date of this ordinance or amendment hereto which does not conform after the
passage of this ordinance or amendment with the use requirements of the district in which it is located. For
example, an industrial building in a residential district may be a non -conforming use. (See Article 18).
Nonconformity, dimensional: A nonconforming situation that occurs when the height, size, or
minimum floor space of a structure or the relationship between an existing building or buildings and other
buildings or lot lines does not conform to the regulations applicable to the district in which the property is
located (See Article 18).
men Space: When used in conjunction with planned unit developments and performance residential
developments, open space is defined as all usable land area not occupied by structures and linked together
for the use and enjoyment of the community. Required setback areas are considered when linked together
with the open space areas.
Overhead canonv: Any structure placed over, around or near a fuel pump island or drive -up bank teller
facility and intended to provide lighting and/or protection from the elements for fuel pump island or drive -
up bank teller facility users. (See Art 12)
Parkin; facility: Any area, either open or enclosed, structural or natural, for the storage of a vehicle or
vehicles. Each parking facility shall have an approved means of ingress and egress. A parking lot is a
subset of a parking facility and is defined as follows:
Parking lot: An open area, outside of the public right-of-way, for the storage of a vehicle or vehicles.
The term "parking area" shall be included in this definition. Each parking lot shall have an approved means
of ingress and egress.
Parking space. o -street: An adequate -sized space for parking a vehicle with room for opening doors
on both sides, proper access to streets and adequate maneuvering room.
Party wall: A wall containing no opening which extends from the elevation of building footings to the
elevation of the outer surface of the roof or above and which separates contiguous buildings but is in joint
use of each building.
Performance residential development: An alternative to conventional subdivision development, in
which individual ownership is either of the structure itself with percentage of ownership and maintenance
responsibility of the open space —OR- individual land ownership of property immediately beneath the
structure foundation and percentage ownership in the remaining surrounding open space. The purpose is to
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ZONING
ARTICLE 23 DEFINITIONS
allow for flexibility of structure placement while maintaining the standard density, setbacks and lot
coverage elements. This is not to be confused with Planned Unit Developments, which have their own
standards.
Personal property: Property owned, utilized and maintained by an individual or members of his or her
residence and acquired in the normal course of living in or maintaining a residence. It does not include
merchandise that was purchased for resale or obtained on consignment.
Planned unit development: A land development project planned as an entity by means of a unified site
plan which permits flexibility in building site, mixtures in building types and land uses, usable open space,
and the preservation of significant natural features. (See Article 16)
-`Planning and Zoning, Commission: The Town of Carolina Beach Planning and Zoning Commission.
Planning_ Director: The Town of Carolina Beach Planning and Zoning Director.
Zoning Administrator: The Town of Carolina Beach Zoning Administrator.
Principal building or .structure: A building or structure containing the principal use of the lot,
including any land area necessitated by the character of the principal use (e.g., outside storage) for its
complete operation, excluding off-street parking.
Principal use: The primary purpose or function that a lot serves or is intended to serve according to its
zoning classification.
Public notice: Public notice of a hearing means notice of the time and place hereof published once a
week for two (2) successive calendar weeks in a newspaper having general circulation in Carolina Beach.
Recreation. commercial: Any form of play, amusement, or relaxation used for monetary gain.
Recreation, commercial indoor: Any form of play, amusement or relaxation used for monetary gain
conducted within an enclosed structure.
Recreation, commercial outdoor: Any form of play, amusement, or relaxation used for monetary gain
not conducted within an enclosed structure.
Restaurant: An establishment whose principal business is the sale of foods, frozen desserts, or
beverages to a customer in a ready -to -consume state, and whose design and principal method of operation
determines its classification as follows:
(1) Table service or cafeteria (a) Customers are provided with an individual menu and served by an
employee at the same table or counter at which their food and/or beverages are consumed; or (b) a
cafeteria -type of operation where foods and/or beverages generally are consumed within the
restaurant.
(2) Carry-out/fast food: Foods is usually served in edible containers or in paper, plastic or other
disposable containers by an employee at a standing counter or drive-in window. Consumption may
be off the premises, within the principal building, or at other facilities on the premises outside the
principal building.
Self-service storage facility: Any real property designed and used for the purpose of renting or leasing
individual storage spaces to tenants who are to have access to such space for the purpose of storing and
removing personal property.
Service station: Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile
accessories may be supplied and dispensed at retail. Uses permitted at a service station do not include
major mechanical and -body work, straightening of body parts, painting, welding, storage of automobiles
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ZONING .ARTICLE 23 DEFINITIONS
not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an
extent greater than normally found in service stations. A service station is not a repair garage, body shop,
or a trim shop.
Setback line: (See Building setback line)
Shopping center: Three (3) or more commercial establishments, containing twenty-five thousand
(25,000) square feet of gross floor area, planned and constructed as a single unit with off-street parking and
loading facilities provided on the property. This definition includes malls, commercial plazas and
community shopping areas.
SIC Manual, Standard Industrial Classification ;Manual: A book published by the federal government
thai classifies establishments by the type of activity in which they are engaged.
Sign: Any words, lettering, numerals, parts of letters, or numerals, figures, phrases, sentences,
emblems, devices, designs, trade name or trade marks by which anything is made known, including any
surface, fabric, or other material or structure designed to carry such devices, such as are used to designate
or attract attention to an individual, a firm, an association, a corporation, a profession, a business, or a
commodity or product, which are exposed to public view, and used to attract attention. This definition shall
not include the flag, badge, or insignia of any governmental unit. (See Article 11, under separate cover)
Site .Specific Development Plan (Standard, Approved): Any site plan approved by site plan review
procedures involving a public hearing, by issuance of a conditional use permit. Such site -specific
development plan may convey certain vested rights to the applicant project upon approval.
Story: That portion of a building between the surface of any floor and the floor or roof above it. The
following are considered stories:
(1) Xfe=anine: If it exceeds twenty-five (25) percent of the total floor area of the story immediately
below it;
(2) Penthouse: If it exceeds twenty-five (25) percent of the total area of the roof;
(3) Basement: See definition of Basement above.
Story, hal : A story which is situated in a sloping roof, the floor area of which does not exceed 2/3 of
the floor area of the story immediately below it, and which does not contain an independent dwelling unit.
Street classifications: Determined in accordance with the following definitions and the Thoroughfare
Plan for the Town of Carolina Beach on file with the Carolina Beach Zoning Administrator.
(1) iWaior thoroughfare: Their primary function is movement. Access should be permitted to the
extent that movement is not compromised and appropriate spacing and design criteria are
employed. These streets should move large volumes of traffic a relatively long distance at
relatively high speeds. Major thoroughfares are identified in the Thoroughfare Plan for the Town
of Carolina Beach.
(2) Collector streets: Collector streets are used to carry moderate amounts of traffic volume and
provide limited access to adjacent properties. Their function is to collect and distribute traffic to
and from local and arterial streets. Collector streets are identified in the thoroughfare plan for the
Town of Carolina Beach.
(3) Local streets: Those streets that are used for low volume, slow speed traffic movements. Their
function is to provide direct access (termination) to properties.
Street line: The street line is a dividing line between the street and the lot, as established by the Town
of Carolina Beach; also called the "right-of-way line".
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i . ,
Street tvpes:
(1) Picblic street: A right-of-way for vehicular traffic dedicated and accepted by the North Carolina
Department of Transportation or the Town of Carolina Beach for public use.
(2) Private street: A right-of-way for vehicular traffic that is constructed to acceptable public street
standards for the Town of Carolina Beach and dedicated for use by a select portion of the public.
The responsibility for the maintenance of a private street shall be by an established owners
association or other private property owner legal agreements.
The word "street" includes the word "alley," "road," "cul-de-sac," "highway," or "thoroughfare,"
whether designated as public or private.
-Stnccture: Anything constructed or erected with a fixed location on the ground, or attached to
something having a fixed location on the ground. Structures include buildings, manufactured homes, walls,
fences, signs and billboards, swimming pools and other similar type uses.
Stricture. OAen shed: Means any structure that has no enclosing walls.
Stnccnrre. Shed: Any structure built for the support, shelter, or enclosure of persons, animals, chattels,
or property of any kind that has enclosing walls for less than fifty (50) percent of its perimeter.
Swimming pools, private: Any swimming pool operated in conjunction with a single-family residential
unit, the use of which is limited to occupants of that residence and their invitees. Above ground private
swimming pools which are portable and temporary in nature and which do not incorporate decking or other
similar permanent structure are exempt from this definition and the rules/regulations governing such
structures. (N.C.G.S. 130A-280 through 282)
Swimming pools. public: Any swimming pool operated other than a private swimming pool or as a
therapeutic pool used in physical therapy programs operated by medical facilities licensed by the
department of human resources or operated by a licensed physical therapist, or to therapeutic chambers
drained, cleaned and refilled after each individual use. The term "public swimming pool' means any
structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving,
wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection
with the body of water, regardless of whether a fee is charged for its use. The term includes but is not
limited to, municipal, school, hotel, motel, apartment, multifamily, boarding house, athletic club, or other
membership facility pools and spas. (G.S. 130A-280 through (130A-]282)
Technical Review Committee: A committee made up of the staff of various local, state and federal
agencies involved in the review of development proposals. Representatives of Town departments and other
government agencies may include but not be limited to: the Planning Department, Public Works, the Fire
Department, Building Inspections, the Police Department, the North Carolina Department of
Transportation, the United States Army Corps of Engineers, and the State Division of Coastal Management.
Telephone communication facility, unattended: A windowless structure containing electronic telephone
equipment that does not require regular employee attendance for operating.
Tower: A structure that is designed to support (e.g. electrical wires), contain (e.g. water), receive or
send communications (e.g. television, radio, telephone), normally at a commercial, industrial, institutional,
or other significant scale or magnitude.
Town Council: Shall mean the Mayor and members of the governing body of the Town of Carolina
Beach.
Towing service, automotive or thick: A commercial enterprise, business or company established to tow
or remove motor vehicles from one location to another. A towing service includes the temporary storage of
motor vehicles at its site, but under no circumstances shall any motor vehicle remain on the premises of a
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ZONING ARTICLE 23 DEFINITIONS
. . ,
towing service for more than twenty-four (24) hours unless stored within an enclosed structure or the tow
service is located in an industrial district. Such services shall comply with all ordinances of the Town.
Trailer, Business: Any structure or vehicle built on a chassis designed to be towed or self-propelled,
regardless of size, which is used or intended to be used for any business purpose other than a dwelling. This
shall include trailers used to haul games of amusement only in the A-1 Amusement District. (See Article 12
for conditions.)
Trailer. Travel: Any vehicle or structure designed to be transported and intended for human occupancy
as a dwelling for short periods of time, and containing limited or no kitchen or bathroom facilities. Travel
trailers shall include the following:
` (1) Trailer. Camping;: A folding structure manufactured to be used for travel recreational, and
vacation uses.
(2) Trailer, Devendent: A travel trailer which does not have a flush toilet, a lavatory, and a bath or
shower.
(3) Trailer. House: A vehicular, portable structure built on a wheeled chassis designed to be towed by
a self-propelled vehicle for use as a temporary dwelling for travel, recreational and vacation uses,
having a body length not exceeding thirty two (32) feet when equipped for road travel.
(4) Trailer, Motor Home: A portable, temporary dwelling to be used for travel, recreational and
vacation uses, constructed as an integral part of a self-propelled vehicle.
(5) Trailer. Pick-up coach: A portable structure for use as a temporary dwelling for travel,
recreational, and vacation uses, designed to be mounted on a true chassis for transportation, and to
be used for a temporary dwelling while either mounted or dismounted.
(6) Trailer. Travel (Self-contained): A travel trailer that can operate independent of connections to
sewer, water and electrical systems. It contains a water -flushed toilet, lavatory, shower, and
kitchen, all of which are connected water storage and sewage holding tanks located within the
unit.
Travel park. An area intended and equipped for the temporary parking of vehicles and tents designed
for travel, recreational and vacation dwellings. (See Article 12 for conditions.)
Variance: A relaxation of the terms of the zoning ordinance where such variance will not be contrary
to the public interest and where, owing to conditions peculiar to the property and not the result of such
actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue
hardship. A variance is authorized only for height, area and size of structure or size of yards and open
spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor
shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an
adjoining zoning district.
Vehicle sales lots: Vehicle sales lots shall be defined as any structure, operation or use of land for the
display, selling or rental of motor vehicles (new or used), mobile (manufactured) homes, campers, travel
trailers, boats, jet skis or other like vehicles consisting of three (3) or more vehicles per establishment. (See
Article 12 for special conditions for vehicle sales lots, sales offices and other related accessory structures.)
Warehouse: A building where wares, or goods, are stored, as before distribution to retailers, or are kept
in reserve, in bond, etc.
Warehouse, mini: A building or group of building in varying sizes of individual compartmentalized,
and controlled access stalls or lockers for dead storage of customer's goods or wares.
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Yard: A required open space unoccupied and obstructed by any structure or portion of a structure from
thirty (30) inches above the ground level of the graded lot upward, provided however, that fences, walls,
poles, posts, and other customary yard accessories, ornaments and furniture may be permitted in any yard.
(1) Front vard: Area between side lot lines across the front of a lot adjoining a street. Depth of a
required front yard shall be measured at right angles to a straight line joining the foremost points
of the side lot lines, but in no case need it be greater than the setback of the zoning district. The
foremost point of the side lot line, in the case of rounded property comers at street intersections,
shall be assumed to be the point at which the side and front lot lines would have met without such
rounding. Front and rear yard lines shall be parallel.
a. Through lots: Front yards shall be provided on all frontages.
b. Corner lots: For the purposes of this section, the narrowest dimension of a corner lot shall be
designated the front of the lot. In the case of comer lots with more than two (2) frontages, the
third or more yards shall conform to the side yard requirements as defined herein.
(2) Rear vard: Area between the side lot lines across the rear of the lot. Through lots have no rear
yard, only front and side yards.
(3) Side vard:Area extending from the rear line of the required front yard to the foremost lines of the
rear yard. In absence of a clearly defined rear yard, as in the case of a through lot, any portion of
the lot not designated as a front yard shall be a side yard. The side yard requirements for
dwellings shall be waived where dwellings are erected above stores or shops not otherwise
required to have side yards.
Figure 2 illustrates locations and methods of measuring yards on rectangular and nonrectangular
lots. In each of the examples shown, the street frontage is to the bottom of the diagram
Figure 2
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ZONING .4RTICLE 33 DEFINITIONS
Yard sale: All general sales, open to the public, conducted from or on a residential premise in any
residential district for the purpose of disposing of personal property. The term "yard sale" shall include all
such herein described as sales whether or not they are "garage," "lawn," "yard," "attic," "porch," "room,"
"backyard," "patio," "flea market," or "rummage" sale.
Zero lot line: A development concept for residential subdivisions that allows the placement of single
family dwelling units on or near the side lot lines. In zero lot line developments, which are allowed by
conditional use permit only, dwelling units can be placed no closer than three (3) feet from the nearest side
lot line unless a maintenance easement is provided that will allow a minimum of three (3) feet of space
along said lot line for structure maintenance purposes. Regardless, the total side yard setback footage
required for the two side yards in a zero lot line building placement must equal the total setback footage for
the -two side yards required under a conventional building placement.
Zoning administrator: The officer or other designated authority charged with the administration of the
zoning ordinance, or his duly authorized representative or agent.
Town of Carolina Beach July 1, 1999 Drajt 110