Development Regulations: Zoning Ordinance Subdivision Regulations-1996

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TOWN OF LONG BEACH
LONG BEACH, NORTH CAROLINA
' DEVELOPMENT REGULATIONS:
ZONING ORDINANCE
SUBDIVISION REGULATIONS
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' Division of Coastal Management
The preparation of this document was financed in part througn a g. ent 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.

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NOTE: The text of the Town of Long Beach Zoning Ordinance and Subdivision
1 Regulations, which comprise a portion of the overall development regulations for the
Town, are codified within Chapter 9 of the Town of Long Beach Code of Ordinances.
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® Copyrighted. Municipal Code Corp., affiliated Municipality.
1996.
LONG BEACH CODE
*******************
CODE PORTION BEGINS
*******************
PLANNING AND DEVELOPMENT
(Contains Supplement Pages between 517 and 521)
Supp. No. 18
Chapter 9 PLANNING AND DEVELOPMENT*
*Cross reference(s)--Administration, Ch. 2; buildings, Ch.
3; licenses and business regulations, Ch. 5; streets and
sidewalks, Ch. 11; water and wastewater, Ch. 12; filling land,
etc., with offensive materials, § 10-116.
State law reference(s)--Planning and regulation of
development, G.S. § 160A-360 et seq.; interlocal cooperation,
G.S. § 160A-460 et seq.
Art. I. In General, §§ 9-1--9-15
Art. II. Planning Board, §§ 9-16--9-35
Art. III. Zoning, §§ 9-36--9-215
Div. 1. Generally, §§ 9-36--9-55
Div. 2. Establishment of Zoning Districts, §§ 9-56--9-75
Div. 3. District Regulations, §§ 9-76--9-100
Div. 4. Conditional Uses, §§ 9-101--9-130
Div. 5. General Provisions, §§ 9-131--9-165
Div. 6. Nonconforming Uses and Buildings, §§ 9-166--9-184
Diva 7. Enforcement, Administration and Amendment, §§ 9-185--9-
215

Art. IV. Subdivision Regulations, §§ 9-216--9-310
Div. 1. Generally, §§ 9-216--9-245
Div. 2. Procedure for Review and Approval of Subdivision Plats,
§§ 9-246--9-265
Div. 3. Improvements; Minimum Standards of Design, §§ 9-266--9-
290
Div. 4. Public Facilities, §§ 9-291--9-310
Art. V. Flood Damage Prevention, §§ 9-311--9-375
Div. 1. Generally, §§ 9-311--9-335
Div. 2. Administration, §§ 9-336--9-355
Div. 3. Flood Hazard Reduction, §§ 9-356--9-375
Art. VI. Minor Development Permits, §§ 9-376--9-400
Art. VII. Protection of Sand Dunes, §§ 9-401--9-500
Art. VIII. Manufactured Homes and Modular Homes, §§ 9-501--9-
510
Art. IX. Extraterritorial Jurisdiction Boundaries, §§ 9-
511--9-520
Art. X. Growth Management Plan for Extraterritorial
Jurisdiction, §§ 9-521--9-525
ARTICLE I. IN GENERAL
Secs. 9-1--9-15. Reserved.
tc11;4*{4+1AD* �4+h1%ZI 0 V(els:1 .11Z'013
*Cross reference(s)--Administration, Ch. 2.
Sec. 9-16. Creation.
A planning board for the town is hereby created under the
authority of G.S. Chapter 160A, Article 19.
(Ord. of 6-6-74, § I)

' State law reference(s)--Planning agency, G.S. § 160A-361.
Sec. 9-17. Composition and vacancies.
(a) There shall be a planning board consisting of nine (9)
members. Seven (7) members, appointed by the Long Beach Town
1 Council, shall reside within the town. Two (2) members, appointed
by the Brunswick County Board of Commissioners, shall reside
within the town's extraterritorial planning area. If, despite
good faith efforts, sufficient numbers of residents of the
extraterritorial planning area cannot be found to fill the seats
reserved for residents of such areas, then the Brunswick County
Board of Commissioners may appoint other residents of the county
I (including residents of the Town of Long Beach) to fill these
seats. If the Brunswick County Board fails to make these
appointments within ninety (90) days after receiving a resolution
' from the Long Beach Town Council requesting that they be made,
the town council may make them.
(b) Planning board members shall be appointed for three-year
staggered terms, but members may continue to serve until their
successors have been appointed. The terms of all membership seats
on the planning board on the effective date of this subsection
(whether filled or vacant) shall expire on August 31, 1992.
Effective September 1, 1992, two (2) in -town residents and one
(1) extraterritorial area resident shall be appointed for terms
' of three (3) years, two (2) in -town residents and one (1)
extraterritorial area resident shall be appointed for initial
terms of two (2) years, and three (3) in -town residents shall be
appointed for initial terms of one (1) year. Vacancies shall be
' filled for the unexpired terms only.
(c) Members may be appointed to successive terms without
' limitation.
(Ord. of 6-6-74, § II; Ord. No. 8-1-74; Ord. of 1-16-90; Ord. of
3-18-92; Ord. of 9-15-92(2))
Sec. 9-18. Organization, rules and records.
' (a) The planning board shall elect a chair, vice-chairman
and secretary from among the appointed members and may create
such other offices as it may determine. All members shall be
' entitled to vote. Terms of elected officers shall be for one (1)
year.
' (b) The planning board shall adopt rules for its governance
and for the transaction of its business, and it shall keep a
record of attendance, resolutions, transactions, findings, and
determinations. Such records shall record how each member votes
' on each question requiring a vote. The records of the planning
board shall be public and a copy of all minutes shall be placed
in the town hall.
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' (Ord. of 6-6-74, § III)
' Sec,. 9-19. Appropriations, fees and other income.
The Town Council shall make available to the planning board
' such appropriations as the Town Council may deem appropriate for
salaries, fees, expenses, or other expenditures necessary to
carry out the business of the planning board. The planning board
' may expend all funds as appropriated and any other sums made
available from grants or contributions. All expenditures shall be
made through the town manager, and regular financial reports of
expenditures and contributions shall be reported to the Town
1 Council.
(Ord. of 6-6-74, § IV)
' LONG BEACH CODE
CODE PORTION ENDS
CODE PORTION BEGINS
PLANNING AND DEVELOPMENT
'
(Contains Suplement Pages between 519 and 521)
Supp. No. 23
Sec. 9-20. Powers and duties.
The planning board shall perform those powers
and duties as
expressed in G.S. sections 160A-361, 160A-363, and
160A-387.
(Ord. of 6-6-74, § V)
'
Sec. 9-21. Attendance of members.
An appointed member of the planning board who
misses three
(3) consecutive regular meetings, or a total of four (4) in one
(1) twelve-month period, will lose his status as a
member of the
planning board.
(Ord. of 2-27-80(1))
'
Secs. 9-22--9-35. Reserved.

ARTICLE III. ZONING*
----------
*Editor's note --An amendment of Oct. 20, 1992 (1) deleted
the Zoning Index Table, which bore no section number, and derived
from ordinance of March 15, 1988, Dec. 19, 1989, and Aug. 21,
1990.
Cross reference(s)--Compliance with zoning provisions
determined during building inspection, § 3-42; zoning district
regulations for extraterritorial jurisdiction, § 9-525 et seq.
State law reference(s)--Building setback lines, G.S> § 160A-
' 306_zoning, G.S. § 160A-381 et seq.
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DIVISION 1. GENERALLY
Sec. 9-36. Title.
eThis article and zoning maps shall be known as the "Town of
Long Beach Zoning Ordinance— and may be so cited and pleaded.
(Ord. of 9-19-84, § 1.01)
Sec. 9-37. Definitions.
' For the purpose of this article, certain words and terms are
defined as provided in this section. Unless otherwise specified,
all distances shall be measured horizontally. All other
definitions shall be taken from dictionaries in common usage in
the United States of America.
Accessory Use. A use incidental to and on the same lot as a
principle use.
Alterations. A change or rearrangement of the structural
parts of existing facilities or an enlargement by extending the
sides of the moving from one location to another.
' Arcade. An amusement center where more than seventy (70)
percent of business or business revenue is generated from games
and machines operated by a coin or other thing of value.
Bar. Open to the general public and is licensed to sell on
premises unfortified wine and beer and shall be in compliance
' with ABC laws. Also applies to Tavern.
Boardinghouse. A dwelling in which, as a home occupation,
lodging and meals are furnished to guests.

Buffer area. A landscaped or natural vegetated area
intended to separate and partially obstruct the view of two
adjacent land uses or properties from one another,
Building. A structure having a roof supported by columns or
walls for the shelter, support or enclosure of persons, animals
or chattels. When any portion thereof is completely separated
from all other portions by a division wall from the ground up to
the roof and has no door or other opening communicating with the
main building, such portion shall be deemed a separate building.
Building, accessory. A building subordinate to and located
' on the same lot with a main building and designed, intended or
used as an accessory use.
Building height. The vertical distance measured from average
grade to the highest roof peak to a height of no more than forty-
one (41) feet in the V-zone only and thirty-five (35) feet in all
other zones.
' Building line. A line beyond which the foundation wall
and/or any enclosed porch, or any other such portion of a
building, shall not project, excluding stoops and small open
porches used exclusively for entry and exit.
Building, principal. A building in which is conducted the
principal use of the lot on which it is situated. In any R
district a dwelling shall be deemed a main building on the lot on
which it is located.
Child care facility. A licensed agency, organization or
individual whose primary purpose is to provide care for six (6)
' or more children greater than four (4) hours per day, unrelated
by blood or marriage to and not the legal wards or foster
children of the attendant adult.
Child care home. A private residence where care, protection
and supervision are provided on a regular schedule, at least
twice a week less than four (4) hours per day to less than six
(6) children at one time, including children of the adult
provider.
Clinic, medical or dental. A building designed and used for
outpatient medical, dental or surgical treatment.
Cocktail lounge. (See restaurant)
Commercial recreation attraction. Any business establishment
which provides outdoor entertainment, recreation or amusement,
' for profit, to the general public. Commercial recreation
includes, but is not limited to, such uses as miniature golf
courses, water slides, mechanical rides, go-cart or motorcycle
courses, golf driving ranges or other similar uses.
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Common area. All land not individually owned or dedicated
and conveyed to a homeowner's association for purposes of
' property maintenance.
Community center. A land use or building owned and operated
by the town or a nonprofit organization such as a church, YWCA or
civil organization devoted to providing recreational and
educational facilities to the general public without profit.
Conditional (special) use. A use permitted in one (1) or
more zones, as defined in this chapter but which, because of
characteristics peculiar to such use, requires a special degree
of control to make such uses compatible with other uses in the
same district or districts.
Condominium unit. An enclosed space consisting of one (1) or
more rooms occupying all or part of a floor in a building,
regardless of whether it is designed for a residence, office or
any other permitted use, and it shall include any accessory
' spaces and areas such as garages, storage spaces, balconies or
patios. The units are sold as single units within a multiunit
structure with areas also owned in common.
' Convalescent home. Any individual or agency providing care
for three (3) or more convalescing persons not related by blood
or marriage to the operator. These persons are to be ambulatory
only.
Convenience store. A single, freestanding store offering for
sale such items as food, sundries, conveniences, hardware and
sporting goods. Motor vehicle fuels may also be offered for sale.
' Day care center. An agency, organization.or individual whose
primary purpose is to provide daytime care for six (6) or more
preschool children, less than four (4) hours, unrelated by blood
or marriage to and not the legal wards or foster children of the
attendant adult.
Development. The use of any parcel of land for the
construction, reconstruction, conversion, structural alteration,
relocation or enlargment of any structure; any mining,
excavation, landfill or land disturbances; and any use or
extension of the use of land.
Dwelling, multiple -family. A building designed or used for
occupancy by three (3) or more families, all living independently
of each other, and each family having separate housekeeping
facilities for living, sleeping and cooking.
Dwelling, single-family. A building, other than a mobile
home, that is designed to accommodate one (1) family yet not be
attached to any other dwelling.

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Dwelling, two-family (duplex). A building designed or used
exclusively for the occupancy of two (2) families living
independently of each other and having separate housekeeping
facilities for each family for living, sleeping and cooking.
Easement. A nonpossessory interest in real property which
gives the holder of such interest the right to use some part or
all of the real property of another.
Eating establishment. An establishment engaged in the
business of regularly and customarily selling food, primarily to
be eaten on the premises.
Eave. An overhanging roof extension not exceeding three (3)
feet.
Family. An individual or two (2) or more persons related by
blood, marriage or adoption and living together in a dwelling; or
a group of not more than four (4) unrelated persons living in a
single unit.
Floor area. The total number of square feet of floor
area in a building, excluding basements, uncovered steps and
uncovered porches. All horizontal measurements shall be made
between exterior faces of walls.
Fraternal organization. Any facility which a class or group
of people use for meetings or religious or philanthropic
purposes, subject to the regulations of the organization. A
fraternal organization shall differ from a club or lodge in that
entertainment or recreational facilities shall not be provided.
Free-standing sign. Any sign erected on a supporting
structure, mast or pole and not attached, supported or suspended
to or from any building or structure.
Garage, group parking. A publicly or privately owned
structure having one (1) or more tiers of height used for the
parking of automobiles for the tenants, employees or owners of
the property.
Ground disturbing activity. Any use of land by any person
that results in a change in the natural cover or topography and
that may cause or contribute to sedimentation. This includes any
activity involving, requiring or consisting of the construction
or enlargement of a structure; excavation; dredging; filling;
dumping; removal of clay, silt, sand, gravel or minerals;
bulkheading, driving of pilings; clearing or alteration of land
as an adjunct of construction; alteration or removal of sand
dunes; alteration of the shore or bank of water'bodies in the
town's jurisdiction. The following activities shall not be
considered ground disturbing activity under this article:
(1) The use of any land for the purposes of planting,

' growing, or harvesting plants, crops, trees, grass or
other agricultural or forestry products.
(2) Work by any utility company and other persons engaged
in the distribution and transmission of petroleum
products, water, telephone, or telegraph messages, or
electricity for the purpose of inspecting, repairing,
maintaining, or upgrading any existing substations,
sewers, mains, pipes, cables, utility tunnels, lines,
towers, poles and the line on any of its existing
utility property or rights -of -way, or the extension of
any of the above distribution -related facilities to
serve development.
(3) Work by any utility and other persons for the purpose
of construction of facilities for the development,
generation, and transmission of energy to the extent
that such activities are regulated by other law or by
present or future rules of the state's Utility
Commission regulating the siting of such facilities,
and work on facilities used directly in connection with
the above facilities.
(4) Work by a highway or road agency for the maintenance of
an existing road, if the work is carried out on land
within the boundaries of the existing right-of-way.
' Group home. A residential facility where persons are aided
under professional supervision in response to handicaps or
adjustments to society.
Home occupation. Any use conducted entirely within a
dwelling by the inhabitants, being and intended to be incidental
' and secondary to the main use of the building for dwelling
purposes and not changing the exterior of the building developed
in accordance with the standards of this article.
' Hospital. Any institution receiving emergency patients,
inpatients, and rendering medical, surgical, and/or obstetrical
care.
Kitchen. Any room used or intended for use for cooking
and/or the preparation of food.
' Lot. A parcel of land, occupied or to be occupied by a
building and its accessory buildings, or by groups of dwellings
and accessory buildings, with yards as required by this article;
having at least the minimum area required by this article; and
having its principal frontage on a public street right-of-way or
private easement.
Lot, corner. Lot abutting two (2) or more streets at their
intersections.
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Lot, front of (frontage). The side of an interior lot which
abuts a street; in a corner lot, the shortest side that abuts a
' street or when sides abutting the streets are of equal length,
the lot shall be considered to front on that street having the
longest frontages within the same block. In a through lot, both
lines abutting the streets are deemed front lot lines.
Lot, interior. Any lot other than a corner lot, including a
through lot.
' Lot line, rear. The lot line generally opposite or parallel
to the front street line. If a rear lot line is less than ten
(10) feet long or the lot comes to a point at the rear, that rear
lot line is assumed to be a line at least ten (10) feet long
lying wholly within the lot and parallel to the front street line
or, if the front street line is curved, parallel to the chord of
' the arc of that front street line.
Lot lines. Lines bounding a lot.
rLot, previously platted. A lot shown as a part of any
recorded subdivision or any parcel of land described by metes and
bounds in a recorded deed.
Lot, through. An interior lot fronting on two (2) streets.
Lounge. (See restaurant)
Manufactured home. A structure, transportable in one (1) or
more sections, which in the traveling mode is eight (8) body feet
or more in width, or forty (40) body feet or more in length, or
when erected on site, is three hundred twenty (550) or more
square feet; and in no case less than that required by the zoning
' ordinance or deed restrictions; without permanent foundation when
connected to the required utilities, including the plumbing,
heating, air conditioning and electrical systems contained
therein. "Manufactured home" includes any structure that meets
all of the requirements of this subsection except the size
requirements and with respect to which the manufacturer
voluntarily files a certification required by the Secretary of
the United States Department of Housing and Urban Development and
complies with the standards established under the National
Manufactured Housing Construction and Safety Standards Act of
' 1974, 42 U.S.C.-5401, et seq. The structure is not constructed in
accordance with the standards set forth in the North Carolina
State Building Code.
Marina, commercial. An individually, jointly, or publicly
owned dock or similar structure which provides for boat moorings
and related services to the general public for a fee.
Marina, private. An individually, jointly owned dock or
similar structure which provides for both moorings and related
services to individuals or members only.
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' Mobile home park. Any lot or tract of land used, leased or
' rented for occupancy by mobile homes and developed in accordance
with the standards provided in this article. This definition
shall not include mobile home sales lots.
Modular home. A dwelling unit 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.
Motel (hotel, motor hotel). Any building or group of
buildings used for transient residential purposes containing six
(6) or more guests rooms which are intended or designed to be
used for sleeping purposes by guests.
Municipal utilities. A municipal service corporation that
provides municipal services and subject to governmental
' regulations. Such services are but not limited to: elevated
water storage tanks and wastewater treatment facilities.
Nightclub. (See restaurant)
Nonconforming lot. A lot that does not meet the minimum area
requirements of the district in which the lot is located.
' Nonconforming use. A use of building or land not in
conformity with the regulations for the zoning district in which
it is situated.
Nursing home. An agency, organization or individual
providing care for three (3) or more convalescing or aged persons
' not related by blood or marriage to the operator, (and where
registered nurses are required].
' Off-street parking. An area other than the street or public
way used for the temporary parking of motor vehicles.
Open storage. An outdoor area used for the repair and/or
storage of equipment, vehicles or supplies.
Parking lot. A lot, tract or parcel of land used for the
parking of private passenger vehicles.
Parking space. A permanently maintained space with proper
access for one (1) standard -size automobile as specified in this
article.
Permitted use. Any use permitted as a right in a zoning
district and subject to the limitations of the regulations of the
zoning district.
' Pier. A wharf, dock, quay or other structure which provides
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access to and from a body of water from land.
Pier, commercial. A privately, jointly, or publicly owned
structure used for recreational or commercial activity where a
user fee is required or the use of the pier involves goods which
are introduced into commerce.
Pier, private. A privately owned structure used specifically
for recreational or fishing -related activities.
' Planning jurisdiction. That area within the town limits as
well as the area beyond the town limits within which the town is
' authorized to plan for and regulate development pursuant to the
authority granted in G.S. Chapter 160A, Article 19 (section 160A-
360 et seq.).
Portable sign. A sign, either owned or rented, which can be
moved to an on -site location, either under its own power, towed
or transported; with or without permanent or temporary wheels; on
' or not on its own chassis or resting on the ground; and located
primarily in a free-standing position. Such signs include, but
are not limited to: trailer signs, sandwich board signs, sidewalk
signs and spring board signs.
Prefabricated structure. Components constructed off -site and
when assembled at the construction location will form a complete
' unit or structure.
Principal use. The main use of land or structures, as
distinguished from a secondary or accessory use. The primary use
or chief use of a lot or structure.
Private club. An incorporated or unincorporated association
of persons organized for a social purpose not open to the general
public.
Professional office. Offices maintained and used as a place
of business for persons such as doctors, dentists, engineers,
attorneys, architects, accountants and other persons providing
services utilizing training and knowledge.
Public utility. A public service corporation performing some
public service and subject to special governmental regulations.
1 Such services shall include but are not limited to: water supply,
electric power and gas distribution.
Recreational vehicle. A vehicle which is: (a) Built on a
single chassis; (b) four hundred (400) square feet or less when
measured at the largest horizontal projection; (c) designed to be
self-propelled or permanently towable by a passenger motor
' vehicle or a light -duty truck or designed to be carried on a
pickup truck; and (d) designed primarily not for use as a
permanent dwelling, but as temporary living quarters for
recreational, camping, travel, or seasonal use.
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Recreational vehicle park. A lot, parcel or tract of land
designed to accommodate two (2) or more recreational vehicles,
motor homes and tents, but not mobile homes together with
supporting facilities and required open spaces. This definition
shall not include migrant labor camps, mobile home parks or
recreational vehicle sales lots.
Restaurant. An establishment where food service is a primary
activity. The facility is designed to cater or accommodate the
consumption of food on the premises. The serving of alcoholic
beverages in a restaurant shall be in compliance with the ABC
laws.
Restaurant, drive-in. An establishment designed to cater to
or to accommodate the consumption or serving of food in
automobiles on the premises.
Retail use. The purchase, sale or other transaction
involving the handling or disposition of any article, service,
substance or commodity for livelihood or profit.
School. An institution of learning which offers education
and training, having an enrollment of more than five (5)
students.
. Service station. A building or lot having pumps 4nd storage
tanks where fuels, oils or accessories for motor vehicles are
dispensed or sold at retail where repair service is incidental,
and where no storage or parking space is offered for rent.
Setbacks. The distance between a property line and a
building or structure.
Shopping center. A group of retail stores, whether in one
(1) structure or detached, originally planned and developed under
a uniform plan or scheme of development and served by a common,
off-street parking area.
Sign. Any device for visual communications that is used for
the purpose of bringing the subject thereof to the attention of
the public.
Small animal clinic. A business establishment in which
veterinary services are rendered to small domestic pets, where
overnight boarding is allowed only for convalescence.
Stoop. A small uncovered porch used exclusively to provide
access to and from a building.
Story. That portion of a building between the surface of any
floor and the surface of the next floor above or, if there be no
floor above, the space between such floor and the ceiling above.

Street. A public right-of-way set aside for public travel, a
private right-of-way or a proposed right-of-way which has been
approved by the town or the state department of transportation.
Street intersection. A street running in a north -south
direction (all numbered streets and Middleton Street).
' Street, main. A street running in a east -west direction,
except those designated as through streets. For purposes of
determining setback requirements, Davis Canal shall be considered
a main street.
Street, through. Oak Island Drive, Yacht Drive, Beach Drive,
and Dolphin Drive.
Substantial improvement. Any repair, reconstruction or
' improvement of a building, the cost of which equals or exceeds
fifty (50) percent of the market value of the building, either:
(1) Before the improvement or repair is started; or
(2) If the structure has been damaged.
For the purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall,
ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the structure.
Unified tract developments. A tract of land under single,
individual, corporate, firm, partnership or association
ownership, or under common control, that is planned and developed
as an integral unit in which lot sizes, setbacks, densities and
' land uses may be adjusted in return for conformity with an
approved plan for the entire project.
' Variance. The means by which an adjustment is made in the
application of the specific regulations of this article, because
of special circumstances applicable to it, is deprived of
LONG BEACH CODE
' CODE PORTION ENDS
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' CODE PORTION BEGINS
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PLANNING AND DEVELOPMENT
(Contains Suplement Pages between 527 and 529)
Supp. No. 23
privileges commonly enjoyed by other properties in the same
district or vicinity and which adjustment remedies disparity in
privileges.
Yard. Required unoccupied space on the same lot with a
building except as otherwise provided.
Yard, front. A yard extending across the full width of lot,
between the front street line and the nearest line of the
building, porch, or portion thereof. The depth of the yard is the
shortest horizontal distance between the front existing or
proposed street line and the nearest point of building, porch or
portion thereof, including stoops, steps or chimneys, and
excluding eaves.
Yard, rear. A yard extending across the full width of lot
between the rear lot line and the nearest line of building, porch
or projection thereof. The depth of yard is the shortest
horizontal distance between the rear lot line and the nearest
point of building, porch or projection thereof, including stoops,
steps or chimneys, and excluding eaves. When the rear lot line is
less than ten (10) feet long or if the lot comes to a point at
the rear, the depth of rear yard is measured from an assumed line
at least ten (10) feet long lying wholly within the lot, parallel
to the front street line.
Yard, side. A yard between the side lot line or street line
and the nearest line of building, porch or projection thereof,
including stoops, steps or chimneys, and excluding eaves,
extending from the front yard to the rear yard or, in the absence
of either such yards, to the front street line and/or rear lot
line. The width of side yard is the shortest distance between the
side lot line and the nearest point of building, porch or
projection.
Zoning administrator. A duly appointed officer of the town
who is charged with, among other duties, the enforcement and
administration of this article.
Zoning district. Any section of the town in which zoning
regulations are uniform.
Zoning map. The "Official Zoning Map for the Town of Long
Beach" together with all amendments subsequently adopted.
(Ord. of 9-19-84, Ch. 8; Ord. of 10-16-85; Ord. of 3-15-88; Ord.
of 2-21-89; Ord. of 12-19-89; Ord. of 4-17-90(1); Ord. of 4-17-
90(2); Ord. of 8-21-90(1); Ord. of 4-16-91(1); Ord. of 1-21-92;

I
' Ord. of 5-19-92; Amend. of 10-20-92(1); Ord. of 10-17-95(2))
Sec. 9-38. Jurisdiction.
This article applies to property within the corporate
boundary of the town and to any property beyond the corporate
' boundary which is designated as part of the extraterritorial
jurisdiction of the town pursuant to G.S. Chapter 160A.
' (Ord. of 9-19-84, § 1.02)
State law reference(s)--Territorial jurisdiction, G.S. §
160A-360.
Sec. 9-39. Purpose.
' The purpose of this article shall be to promote the health,
safety and general welfare of the residents of the town as
follows:
' (1) To assist in the implementation of the land use plans
of the town;
(2) To ensure the implementation of the coastal area
management program of the state;
(3)
To ensure that the important environmental features of
'
the town are protected and enhanced;
(4)
To ensure that development is commensurate with the
physical characteristics of the land;
(5)
To avoid undue air and water pollution;
(6)
To protect natural and recreational resources;
(7)
To protect property rights and enhance property values;
(8)
To ensure that adequate public facilities and services
are provided to the people at reasonable cost;
(9)
To ensure that the economy of the town and the state is
protected and enhanced;
(10)
To avoid undue concentration of population and
overcrowding;
'
(11)
To avoid undue traffic congestion.
(Ord. of
9-19-84, § 1.03)
State
law reference(s)--Coastal Area Management Act of 1974,
G.S. 5 113A-100
et seq.; purposes of zoning, G.S. §§ 160A-381,

' 160A-383.
11
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Sec. 9-40. Conflict with other laws.
The provisions of this article shall he held to the minimum
requirements. Whenever the provisions of this article in conflict
with any other lawfully adopted rules, regulations or ordinances,
the most restrictive or that imposing the higher standards shall
govern.
(Ord. of 9-19-84, § 9.02)
Sec. 9-41. Severability.
Should any part or provision of this article or any boundary
of any district of the zoning map be declared to be invalid by
the courts, such decision shall not affect the validity of this
article or the zoning map as a whole, or any part thereof, other
than the part declared to be invalid.
(Ord. of 9-19-84, § 9.01)
Secs. 9-42--9-55. Reserved.
DIVISION 2. ESTABLISHMENT OF ZONING DISTRICTS*
*State law reference(s)--Zoning districts, G.S. § 160A-382.
Sec. 9-56. Generally.
(a) The property over which the board of commissioners has
jurisdiction shall be divided into zoning districts commensurate
with the Long Beach Land Use Plan. The zoning districts shall set
regulations pertaining to the construction and use of buildings
and land.
(b) The following districts are established:
R1 - One- and two-family dwelling district
R2 - Single-family and mobile home district
R3A - Single-family dwelling district
R3B - Single-family dwelling district
[R3C - Single-family dwelling district]
R4A - Single-family dwelling district

R4B - Single-family dwelling district
R5 - Multifamily, single-family dwelling district
CA - Retail district
CB - Tourist services district
OS - Open space district
PUD-M -Planned unit development -mixed district
PUD-R - Planned unit development -residential district
SHC1- Special highway corridor
SHC2- Special highway corridor
R6- Single and multi -family dwelling district
(Ord. of 9-19-84, § 2.01)
Editor's note --There is no text for the OB - Office and
business district in the ordinance.
Sec. 9-57. Zoning map.
The boundaries of the zoning districts are delineated on the
map entitled "Zoning Map of the Town of Long Beach, North.
Carolina" and such map being adopted by reference as a part of
this article. The "Official Zoning Map of Long Beach, North
Carolina" shall be filed with the town clerk and retained as the
official record. It shall be available for public inspection.
Reproductions of the official map may be made for display and
public use.
(Ord. of 9-19-84, § 2.02)
Sec. 9-58. Zoning district boundaries.
District boundary lines not established by legal definition
shall be determined as follows:
(1) Boundaries indicated as approximately following the
centerlines of streets, alleys or easements shall be
construed to follow such centerlines.
(2) Boundaries following platted lot lines shall be
construed as following such lot lines.
(3) Boundaries indicated as following Town limits shall be
construed following the Town limits.

(4) Boundaries indicated as following shorelines shall be
construed to follow the shoreline (low-water mark) and
in the event of change in the shoreline shall be
construed as moving with the actual shoreline (low-
water mark) boundaries.
(5) Boundaries indicated as approximately following the
centerline of rivers, streams canals or other bodies of
water shall be construed as following such centerlines.
(6) Boundaries indicated as parallel to or extensions of
features indicated on the map shall be so construed.
Distances not specifically designated shall be
determined by the scale of the map.
(7) Where a public street or alley is officially vacated,
' the zoning regulation applicable to abutting property
on each side of the centerline shall apply to the
vacated street or alley.
' (Ord. of 9-19-84, § 2.03)
Sec. 9-59. Changes in boundaries.
' Changes in boundaries of zoning districts shall be made by
ordinance amending the provisions of this article, amending the
1 zoning map or a part of the map. The amended map or parts of the
map shall become a part of this article.
(Ord. of 9-19-84, § 2.04)
State law reference(s)--Changes in zone boundaries, etc.,
G.S. § 160A-385.
Secs. 9-60--9-75. Reserved.
' DIVISION 3. DISTRICT REGULATIONS*
*Editor's note --Ord. of April 3, 1990, amended "Section 911
by adding enlargement and extension construction requirements to
all R zones. Inclusion of said provisions as H 9-76(h), 9-77(h),
9-78(h), 9-79(h), 9-80(h), 9-81(h), 9-82(h) and 9-83(h) was at
the discretion of the editor.
Sec. 9-76. RI residential district (beach area).
(a) Purpose. The R1 residential district is intended to
1 accommodate both seasonal and permanent residency providing for:
single-family dwellings as principal uses permitted as a right;
two-family dwellings as principal uses where municipal water

a]
services are provided; and customary accessory buildings and
uses.
(b)
Permitted uses. In the R1
district, the following
buildings
and uses are permitted as
a right throughout the
district,
subject to the standards
and exceptions.for this
district
and the general provisions
set forth in Division 5:
(1)
Single-family dwellings;
(2) Two-family dwellings;
(3) Customary accessory buildings and uses incidental to
the uses permitted in the district;
(4) Churches;
(5) Public parks, playgrounds, community centers;
(6) Signs, subject to section 9-150;
LONG BEACH CODE
CODE PORTION ENDS
*****************
CODE PORTION BEGINS
PLANNING AND DEVELOPMENT
(Contains Suplement Pages between 531 and 547)
Supp. No. 18
9 9-76
(7) Private marinas and piers, subject to Division 5;
(8) Home occupations, subject to Division 5.
(c) Conditional uses. A conditional use permit may be
granted for any of the following buildings and uses in accordance
with the procedures set forth in Division 4: Public utility uses
and structures.
(d) Lot area, lot width and yard requirements. The following
minimum requirements shall be observed:

I
(1)
Lot area (single-family).... 7,500 square feet
Lot area
(two-family).... 10,000 square feet
(2)
Lot width (single-family) . . . . 50 feet
'
Lot width
(two-family) . . . . 75 feet
'
(3)
Oceanfront
Front yard (see section 9-145) . . . . 30 feet
lots only . . . . 25 feet
(4)
Side yard . . . . 8 feet
(5)
'Side yard along a utility easement . . . . 10 feet
(6) Rear yard . . . . 25 feet
' (7) Minimum living space.... 850 square feet
(8) Previously platted lots (see section 9-134)
' (9) A lot of record, as of July 17, 1975, may be improved
upon, provided that the minimum yard requirements of
this article can be met.
(e) Corner lots. A corner lot on which the side yard is
perpendicular, or the proximity thereof, to the side yards of the
remaining lots in the same block shall have a fifteen -foot side
' yard setback on the intersecting street side. All other corner
lots shall have eight -foot side yard setbacks. (See Figure 5.01)
(f) Detached accessory buildings and uses. Accessory
buildings and uses shall be set back a minimum of eight (8) feet
from any side property line and a minimum of ten (10) feet from
' the rear property line. Accessory buildings shall not extend
beyond the front edge of the principal building or beyond the
minimum front building line, whichever is greater. Accessory
buildings and uses shall be set back a minimum of ten (10) feet
from any side property line along which there is a utility
easement.
(g) Building height limitation. No structure shall exceed
thirty-five (35) feet in height except in the V-zone where the
height restriction shall be forty-one (41) feet in height and no
accessory building shall exceed twenty (20) feet in height.
1 (h) Construction; enlargements or extensions. Nonconforming
buildings may be improved with additions such as rooms, porches,
decks or similar features, providing the enlargement or extension
will meet all required setbacks and ordinances in the district in
which they are located.
1
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(Ord. No. 9-19-84, §§ 3.1.01--3.1.07; Ord. of 3-15-88; Ord. of
12-19-89; Ord. of 4-3-90(1); Ord. of 4-3-90(2); Ord. of 10-20-
92(1); Ord. of 1-18-94)
Sec. 9-77. R2 residential district (mixed).
(a) Purpose. The R2 residential district is intended to
provide for the compatible mixture of single-family dwellings and
mobile homes, together with customary accessory buildings and
uses.
(b) Permitted uses. In the R2 district, the following
buildings and uses are permitted as a right throughout the
district, subject to the standards and exceptions for this
district and the general provisions set forth in Division 5:
(1) Single-family dwellings;
(2) Mobile homes, provided that they have at least five
hundred fifty (550) square feet of habitable living
space and are serviced by an approved septic tank
system or sewage disposal facility;
(3) Customary accessory buildings and uses incidental to
the uses permitted in the district;
(4) Churches;
(5) Public parks, playgrounds, community centers;
(6) Signs, subject to section 9-150;
(7) Private marinas and piers, subject to Division 5;
(8) Home occupations, subject to Division 5;
(9) Family care homes, subject to Division 5;
(c) Conditional uses. A conditional use permit may be
granted for any of the following buildings and uses in accordance
with the procedures set forth in Division 4:
(1) Child care facilities;
(2) Public utility uses or structures.
(d) Lot area, lot width and yard requirements. The following
minimum requirements shall be observed:
(1) Lot area .... 6,600 square feet
(2) Lot width . . . . 55 feet
(3) Front yard . . . . 30 feet

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I
(4)
Side
yard
. . . . 8 feet ,
(5)
Side
yard
along a utility easement . . . . 10 feet
(6) Rear yard . . . . 25 feet
(conventional dwellings)
Rear yard . . . . 10 feet
(mobile homes)
(7) Minimum living space.... 850 square feet
(conventional dwelling)
(8) Minimum living space.... 550 square feet
(mobile home)
(9) Previously platted lots. (See section 9-134)
(10) A lot of record, as of July 17, 1975, may be improved
upon, provided that the minimum yard requirements of
this article can be met.
(e) Corner lots. A corner lot on which the side yard is
perpendicular, or the proximity thereof, to the side yards of the
remaining lots in the same block shall have a fifteen -foot side.
yard setback on the intersecting street side. All other corner
lots shall have eight -foot side yard setbacks. (See Figure 5.01)
' (f) Detached accessory buildings and uses. Accessory
buildings and uses shall be set back a minimum of eight (8) feet
from any side property line and a minimum of ten (10) feet from
the rear property line. Accessory buildings shall not extend
beyond the front edge of the principal building or beyond the
minimum front building line, whichever is greater. Accessory
buildings and uses shall be set back a minimum of ten (10) feet
t from any side property line along which there is a utility
easement.
' (g) Building height limitations. No structure shall exceed
thirty-five (35) feet in height, and no accessory building or use
shall exceed twenty (20) feet in height.
(h) Construction, enlargements or extensions. Nonconforming
buildings may be improved with additions such as rooms, porches,
decks or similar features, providing the enlargement or extension
will meet all required setbacks and ordinances in the district in
which they are located.
' (Ord. of 9-19-84, H 3.2.01--3.2.07; Ord. of 3-15-88; Ord. of 12-

19-89; Ord. of 4-3-90(2); Ord. of 10-20-92(1); Ord. of 1-18-94)
Sec. 9-78. R3A residential district (single-family).
(a)
Purpose. The R3A residential district is intended to be
a quiet
neighborhood consisting of single-family dwellings along
with limited
home occupations and various public and private
'
community
support facilities or services that may be compatible
with residential
development.
'
(b)
Permitted uses. In the R3A district, the following
buildings
and uses are permitted as a right throughout the
district
and subject to the standards and exceptions for this
'
district
and the general provisions set forth in Division 5:
(1)
Single-family dwellings;
'
(2)
Customary accessory buildings and uses incidental to
the uses permitted in the district;
(3)
Churches;
(4)
Public parks, playgrounds, golf courses, community
centers;
(5)
Schools, public and private, subject to Division 5;
(6)
Signs, subject to section 9-150;
(7)
Private marinas and piers, subject to Division 5;
(8)
Home occupations, subject to Division 5;
(9)
Family care homes, subject to regulations set forth.
(c)
Conditional uses. A conditional use permit may be
granted
with the
for any of the following buildings and uses in accordance
procedures set forth in Division 4:
(1)
Child care facilities;
'
(2)
Fraternal organizations;
' (3) Group homes;
(4) Hospitals;
(5) Nursing homes and convalescent centers;
(6) Public utility uses and structures.
(d) Lot area, lot width and yard requirements. The following
minimum lot requirements shall be observed:
1

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1
(1) Lot area....6,600 square feet
(2)
Lot width . .
. . 55
feet
(3)
Front yard . .
. . 30
feet
(4)
Side yard . .
. . 8
feet
(5) Side yard along a utility easement
(6) Rear yard . . . . 25 feet
(See section 9-145)
. 10 feet
(7) Minimum living space.... 850 square feet
(8) Corps of engineers easement .... (See section 9-146)
(9) Previously platted lots .... (See section 9-134)
(10) A lot of record, as of July 17, 1975, may be improved
upon, provided that the minimum yard requirements of
this division can be met.
(e) Corner lots. A corner lot on which the side yard is
perpendicular, or the proximity thereof, to the side yards of the
remaining lots in the same block shall have a fifteen -foot side
yard setback on, the intersecting street side. All other corner
lots shall have eight -foot side yard setbacks. (See Figure 5.01)
(f) Detached accessory buildings and uses. Accessory
buildings and uses shall be set back a minimum of eight (8) feet
from any side property line and a minimum of ten (10) feet from
the rear property line. Accessory buildings'shall not extend
beyond the front edge of the principal building or beyond the
minimum front building line, whichever is greater. Accessory
buildings and uses shall be set back a minimum of ten (10) feet
' from any side property line along which there is a utility
easement.
' (g) Building height limitations. No structure shall exceed
thirty-five (35) feet in height, and no accessory building or use
shall exceed twenty (20) feet in height.
(h) Construction; enlargements or extensions. Nonconforming
buildings may be improved with additions such as rooms, porches,
decks or similar features, providing the enlargement or extension
will meet all required setbacks and ordinances in the district in
which they are located.
(Ord. of 9-19-84; §§ 3.3.01a-3.3.07a; Ord. of 3-15-88; Ord. of
12-19-89; Ord. of 4-3-90(2); Ord. of 10-20-92(1); Ord. of 1-18-
94)
I

ISec. 9-79. R3B residential district (single-family).
(a)
Purpose. The R3B residential district is intended to be
'
a quiet
neighborhood consisting of single-family dwellings along
with limited home occupations and various public and private
community
support facilities or services that may be compatible
'
with residential
development.
(b)
Permitted uses. In the R3B district, the following
buildings
and uses are permitted as a right throughout the
district
and subject to the standards and exceptions for this
district
and the general provisions set forth in Division 5:
(1)
Single-family dwellings;
(2)
Customary accessory buildings and uses incidental to
'
the uses permitted in the district;
(3)
Churches;
(4)
Public parks, playgrounds, golf courses, community
centers;
I(5)
Schools, public and private, subject to Division 5;
(6)
Signs, subject to section 9-150;
'
(7)
Private marinas and piers, subject to Division 5;
(8)
Home occupations, subject to Division 5;
(9)
Family care homes, subject to regulations set forth.
(c)
Conditional uses. A conditional use permit may be
granted
for any of the following buildings and uses in accordance
with the
procedures set forth in Division 4:
'
(1)
Child care facilities;
(2)
Fraternal organizations;
(3)
Group homes:
'
(4)
Hospitals;
(5)
Nursing homes and convalescent centers;
(6)
Public utility uses and structures.
(d)
Lot area, lot width and yard requirements. The following
'
minimum lot requirements shall be observed:
(1)
Lot area.... 6,600 square feet
1

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(2) Lot width
(3) Front yard
(4) Side yard . . .
55 feet
. . 30 feet
8 feet
(5) Side yard along a utility easement
(See section 9-145)
10 feet
(6) Rear yard . . . . 25 feet
(7) Minimum living space.... 1,000 square feet
(8) Previously platted lots .... (See section 9-134)
(9) A lot of record, as of July 17, 1975, may be improved
upon, provided that the minimum yard requirements of
this article can be met.
(e) Corner lots. A corner lot on which the side yard is
perpendicular, or the proximity thereof, to the side yards of the
remaining lots in the same block shall have a fifteen -foot side
yard setback on the intersecting street side. All other corner
lots shall have eight -foot side yard setbacks. (See Figure 5.01)
' (f) Detached accessory buildings and uses. Accessory
buildings and uses shall be set back a minimum of eight (8) feet
from any side property line and a minimum of ten (10) feet from
the rear property line. Accessory buildings shall not extend
beyond the front edge of the principal building or beyond the
minimum front building line, whichever is greater. Accessory
buildings and uses shall be set back a minimum of ten (10) feet
' from any side property line along which there is a utility
easement.
(g) Building height limitations. No structure shall exceed
thirty-five (35) feet in height, and no accessory building or use
shall exceed twenty (20) feet in height.
(h) Construction; enlargements or extensions. Nonconforming
buildings may be improved with additions such as rooms, porches,
decks or similar features, providing the enlargement or extension
' will meet all required setbacks and ordinances in the district in
which they are located.
' (Ord. of 9-19-84, H 3.3.01b--3.3.07b; Ord. of 3-15-88; Ord. of
12-19-89; Ord. of 4-3-90(2); Ord. of 10-20-92(1); Ord. of 1-18-
94)
Sec. 9-80. R3C residential district (single-family).
(a) Purpose. The R3C residential district is intended to be
' a quiet neighborhood consisting of single-family dwellings along
11

with limited home occupations and various public and private
community support facilities or services that may be compatible
with residential development.
(b) Permitted uses. In the R3C district, the following
buildings and uses are permitted as a right throughout the
district and subject to the standards and exceptions for this
district and the general provisions set forth in Division 5:
(1) Single-family dwellings;
(2) Customary accessory buildings and uses incidental to
the uses permitted in the district;
(3) Churches;
(4) Public parks, playgrounds, golf courses, community
centers;
(5) Schools, public and private, subject to Division 5;
(6) Signs, subject to section 9-150;
(7) Private marinas and piers, subject to Division 5;
(8) Home occupations, subject to Division 5;
(9) Family care homes, subject to regulations set forth.
(c) Conditional uses. A conditional use permit may be
granted for any of the following buildings and uses in accordance
with the procedures set forth in Division 4:
(1) Child care facilities;
(2) Fraternal organizations;
(3) Group homes;
(4) Hospitals;
(5) Nursing homes and convalescent centers;
(6) Public utility uses and structures.
(d) Lot area, lot width and yard requirements. The following
minimum lot requirements shall be observed:
(1) Lot area.... 6,600 square feet
(2)
Lot width . .
. . 55
feet
(3)
Front yard . .
. . 30
feet

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(See section 9-145)
(4)
Side
yard . . .
. 8 feet
(5)
Side
yard along
a utility easement . . . . 10 feet
(6)
Rear
yard . . .
. 25 feet
(7) Minimum living space.... 1,200 square feet
(8) Previously platted lots.... (See section 9-134)
(9) A lot of record, as of July 17, 1975, may be improved
upon, provided that the minimum yard requirements of
this article can be met.
(e) Corner lots. A corner lot on which the side yard is
perpendicular, or the proximity thereof, to the side yards of the
remaining lots in the same block shall have a fifteen -foot side
yard setback on the intersecting street side. All other corner
lots shall have eight -foot side yard setbacks. (See Figure 5.01)
(f) Detached accessory buildings and uses. Accessory
buildings and uses shall be set back a minimum of eight (8) feet
from any side property line and a minimum of ten (10) feet from
the rear property line. Accessory buildings shall not extend
beyond the front edge of the principal building or beyond the
minimum front building line whichever is greater. Accessory
buildings and uses shall be set back a minimum of ten (10) feet
from any side property line along which there is a utility
easement.
(g) Building height limitations. No structure shall exceed
thirty-five (35) feet in height, and no accessory building or use
shall exceed twenty (20) feet in height.
(h) Construction; enlargements or extensions. Nonconforming
buildings may be improved with additions such as rooms, porches,
decks or similar features, providing the enlargement or extension
will meet all required setbacks and ordinances in the district in
which they are located.
(Ord. of 9-19-84; H 3.3.O1c--3.3.07c; Ord. of 3-15-88; Ord. of
12-19-89; Ord. of 4-3-90(2); Ord. of 10-20-92(1); Ord. of 1-18-
94)
Sec. 9-81. R4A residential district (single-family).
(a) Purpose. The R4A residential district is intended to be
a quiet neighborhood consisting of single-family dwellings along
with limited home occupation and customary accessory buildings
and uses.
(b) Permitted uses. In the R4A district, the following
11

buildings and uses are permitted as a right throughout the
district, subject to the standards and exceptions for this
district and the general provisions set forth in Division 5:
(1) Single-family dwellings;
(2) Customary accessory buildings and uses incidental to
the uses permitted in the district;
(3) Churches;
(4) Public parks, playgrounds, golf courses;
(5) Private marinas and piers, subject to Division 5;
(6) Home occupations, subject to Division 5;
(7)
Signs, subject to section 9-150;
(8)
Family care homes, subject to regulations
set forth.
(c)
Conditional uses. A conditional use permit
may be
granted
for any of the following buildings and uses
in accordance
with the
procedures set forth in Division 4: Public
utility uses
and structures.
I!,
(d)
Lot area, lot width and yard requirements.
The following
minimum
requirements shall be observed:
(1) Lot area.... 6,600 square feet
(2)
Lot width . .
. . 55
feet
(3)
Front yard . .
. . 30
feet
(4) Side yard . . . . 8 feet
(5) Side yard along a utility easement . . . . 10 feet
(6) Rear yard . . . . 25 feet
(7) Minimum living space.... 850 square feet
(8) Corps of engineers easement .... (See section 9-146)
(9) Previously platted lots .... (See section 9-134)
(10) A lot of record, as of July 17, 1975, may be improved
upon, provided that the minimum yard requirements of
this article can be met.
(e) Corner lots. A corner lot on which the side yard is
perpendicular, or the proximity thereof, to the side yards of the
remaining.lots in the same block shall have a fifteen -foot side

(c) Conditional uses. A conditional use permit may be
granted for any of the following buildings and uses in accordance
with the procedures set forth in Division 4: Public utility uses
and structures.
(d) Lot area, lot width and yard requirements. The following
minimum requirements shall be observed:
(1) Lot area.... 6,600 square feet
(2) Lot width . . . . 55 feet
(3) Front yard . . . . 30 feet
(See section 9-145)
(4) Side yard . . . . 8 feet
(5) Side yard along a utility easement . . . . 10 feet
(6) Rear yard . . . . 25 feet
LONG BEACH CODE
CODE PORTION ENDS
CODE PORTION BEGINS
PLANNING AND DEVELOPMENT
(Contains Supplement Pages between 541 and 545)
Supp. No. 20
9-82
(7) Minimum living space.... 1,000 square feet
(8) Previously platted lots .... (See section 9-134)
(9) A lot of record, as of July 17, 1975, may be improved
upon, provided that the minimum yard requirements of
this article can be met.
(e) Corner lots. A corner lot on which the side yard is

perpendicular, or the proximity thereof, to the side yards of the
remaining lots in the same block shall have a fifteen -foot side
yard setback on the intersecting street side. All other corner
' lots shall have eight -foot side yard setbacks. (See Figure 5.01)
(f) Detached accessory buildings and uses. Accessory
buildings and uses shall be set back a minimum of eight (8) feet
from any side property line and a minimum of ten (10) feet from
the rear property lines. Accessory buildings shall not extend
beyond the front edge of the principal building or beyond the
minimum front building line whichever is greater. Accessory
buildings and uses shall be set back a minimum of ten (10) feet
from any side property line along which there is a utility
easement.
(g) Building height limitations. No structure shall exceed
thirty-five (35) feet in height, and no accessory building or use
shall exceed twenty (20) feet in height.
(h) Construction; enlargements or extensions. Nonconforming
' buildings may be improved with additions such as rooms, porches,
decks or similar features, providing the enlargement or extension
will meet all required setbacks and ordinances in the district in
which they are located.
(Ord. of 9-19-84; H 3.4.O1b--3.4.07b; Ord. of 3-15-88; Ord. of
12-19-89; Ord. of 4-3-90(2); Ord. of 10-20-92(1); Ord. of 1-18-
94)
Sec. 9-83. R5 single- and multiple -family dwelling district.
' (a) Purpose. The R5 district is intended to protect single-
family residential areas now developed or developing while at the
same time allowing a limited increase in population density. The
maintenance of a desirable living environment is provided through
lot area, yard and open space standards which adjust in response
to the intensity of residential development.
(b) Permitted uses. In the R5 district the following
buildings and uses are permitted as a right throughout the
' district, subject to the standards and exceptions for this
district and the general provisions set forth in Division 5:
(1) Single-family dwellings;
(2) Customary accessory buildings and uses incidental to
the uses permitted in the district;
' (3) Churches;
1 (4) Public parks, playgrounds, golf courses, community
centers;
(5) Schools, public and private, subject to Division 5;

(6) Signs, subject to section 9-150;
(7) Private marinas and piers, subject to Division 5;
(8) Home occupations, subject to Division 5;
(9) Family care homes, subject to provisions set forth.
(c) Conditional uses. A conditional use permit may be
granted for any of the following buildings and uses in accordance
with the procedures set forth in Division 4:
(1) Duplexes (two-family dwellings);
(2) Apartments;
(3) Townhouses;
(4) Condominiums;
(5) Unified tract developments;
(6) Public utility uses and structures.
(d) Lot area, lot width and yard requirements
minimum requirements shall be observed:
(1) Lot area.... 6,600 square feet
(2)
Lot width . .
. . 55
feet
(3)
Front yard . .
. . 30
feet
'(4)
Side yard . .
. . 8
feet
(5)
Rear yard . .
. . 25
feet
(6) Minimum living space.... 850 square feet
The following
(7) Previously platted lots .... (See section 9-134)
(8) A lot of record, as of July 17, 1975, may be improved
upon, provided that the minimum yard requirements of
this article can be met.
(e) Corner lots. A corner lot on which the side yard is
perpendicular, or the proximity thereof, to the side yards of the
remaining lots in the same block shall have a fifteen -foot side
yard setback on the intersecting street side. All other corner
lots shall have eight -foot side yard setbacks. (See Figure 5.01)
(f) Detached accessory buildings and uses. Accessory
buildings and uses shall be set back a minimum of eight (8) feet

I
from any side property line and a minimum of ten (10) feet from
the rear property line. Accessory buildings shall not extend
beyond the front edge of the principal building or beyond the
minimum front building line whichever is greater. Accessory
buildings and uses shall be set back a minimum of ten (10) feet
from any side property line along which there is utility
easement.
(g) Building height limitations. No structure shall exceed
thirty-five (35) feet in height and no accessory building or use
' shall exceed twenty (20) feet in height.
(h) Construction; enlargements or extensions. Nonconforming
buildings may be improved with additions such as rooms, porches,
decks or similar features, providing the enlargement or extension
will meet all required setbacks and ordinances in the district in
which they are located.
(Ord. of 9-19-84; §§ 3.5.01--3.5.07; Ord. of 3-15-88; Ord. of 12-
19-89; Ord. of 4-3-90(2); Ord. of 10-20-92(l); Ord, of 1-18-94)
' Sec. 9-83.1. R6 Single- and multi -family dwelling zoning
district.
(a) Purpose. The R6 zoning district is intended to protect
single-family residential areas now developed or developing. The
maintenance of a desirable living environment is provided through
lot area, yard and open space standards. Flexibility of the
intensity of development and design standards is provided for by
allowing the PUD and SHC districts in the R6 district.
(b) Permitted uses. In the R6 district the following
buildings and uses are permitted as a right throughout the
district, subject to the standards and exceptions for this
district and the general provisions set forth in Division 5:
' (1) Single-family dwellings;
(2) Customary accessory buildings and uses incidental to
the uses permitted in the district;
(3) Churches;
' (4) Public parks, playgrounds, golf courses, community
centers;
' (5) Schools, public and private, subject to Division 5;
1 (6) Signs, subject to section 9-150;
(7) Private marinas and piers, subject to Division 5;

(8)
Home occupations, subject to Division 5.
(c)
Conditional uses. A conditional use permit may be
granted
for any of the following buildings and uses in accordance
with the
procedures set forth in Division 4:
(1)
Duplexes;
(2)
Apartments;
'
(3)
Townhouses;
(4)
Condominiums;
(5)
Unified tract developments;
(6)
Public utility uses and structures.
(d)
Lot area, lot width and yard requirements. The following
minimum
requirements shall be observed:
'
(1)
Lot area . . . . 10,000 sq. feet
'
(with centralized sewage system) . . . . 6,600 sq. feet
(2)
Lot width . . . . 55 feet
'
(3)
Front yard . . . . 30 feet
(4)
Side yard . . . . 8 feet
(5)
Rear yard . . . . 25 feet
' (6) Minimum living space . . . . 850 sq. feet
(7) When a street ends on a cul-de-sac, the lot width must
be a minimum of thirty-five (35) feet in cord
measurement at the cul-de-sac. The width at the
building line must be a minimum of fifty-five (55) feet
with all required setbacks included.
' (e) Corner lots. A corner lot on which the side yard is
perpendicular, or the proximity thereof, to the side yards of the
remaining lots in the same block shall have a fifteen -foot side
' yard setback on the intersecting street side. All other corner
lots shall have eight -foot side yard setbacks.
(f) Detached accessory
buildings and uses. Accessory
buildings and uses shall be
set back a minimum of
eight (8) feet
from any side property line
and a minimum of ten
(10) feet from
the rear property line. Accessory
buildings shall
not extend
'
beyond the front edge of the
principal building or beyond the
minimum front building line
whichever is greater.
Accessory
buildings and uses shall be
set back a minimum of
ten (10) feet

H
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from any side property line along which there is utility
easement.
(g) Building height limitations. No structure shall exceed
building fifty-five (55) feet in height and no accessory or
use shall exceed twenty (20) feet in height.
(h) PUD-R, PUD-M and SHC zoning districts allowed.
(Ord. of 5-16-94; Ord. of 6-21-94(2))
Editor's note --An ordinance adopted May 16, 1994, did not
specifically amend the Code; hence, its inclusion herein as § 9-
83.1 was at the discretion of the editor.
Sec. 9-84. CA commercial district (prime retail trade and
services).
(a) Purpose. The CA commercial district is intended
primarily to provide for basic retail trade and for professional
and personal services required for the year-round sustenance of
the residents of the town.
(b) Permitted uses. In the CA district, the following
' buildings and uses are permitted as a right throughout the
district, subject to the standards and exceptions for this
district and the general provisions set forth in Division 5:
(1) Retail sales enterprises that operate in fully enclosed
premises;
(2) Business offices and shops rendering professional and
personal services;
(3) Banking facilities;
(4) Customary accessory buildings and uses incidental to
the uses permitted in the district;
(5) Lodges, clubs, fraternal societies;
(6) Public office buildings, libraries;
(7) Off-street parking facilities, subject to Division 5;
(8) Signs, subject to section 9-150;
(9) Restaurants;
(10) Retail automobile, boat and motorized vehicle sales and
rentals and indoor service and repair;
(11) Convenience stores;

(12) Service stations (see section 9-147);
(13) Single-family residences (subject to single-family yard
setback requirements).
(c) Conditional uses. A conditional use permit may be
granted for any of the following buildings and uses in accordance
with the procedures set forth in Division 4:
(1) Animal clinics;
(2) Child care facilities;
(3) Mortuaries;
(4) Unified tract developments (commercial);
(5) Public utility uses and structures;
(6) Commercial uses of towers or poles with antennas.
(d) Lot area, lot width and yard requirements. The following
minimum requirements shall be observed:
(1) Lot area . . . . 6,000 square feet
(2) Lot width . . . 40 feet
(3) Front yard . . . . 40 feet
(4) Side yard . . . . 10 feet when abutting
a lot situated in another district
(5) Rear yard . . . . 15 feet where there
is no dedicated right-of-way
(e) Corner lots. A corner lot shall observe the minimum
front yard setback requirement and the side yard requirement when
abutting another district.
(f) Detached accessory buildings and uses. Accessory
buildings and uses shall observe yard requirements in subsection
(d). Structures shall not exceed twenty-five (25) percent of the
total square footage on the first story of the principal building
on the lot.
(g) Building height limitations. No building in the CA
commercial district shall exceed thirty-five (35) feet in height,
and no accessory building or use shall exceed twenty (20) feet in
height, except public utility uses and structures, towers, poles
and antennas as provided for in Division 4.

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(h) Construction; enlargements or extensions. Nonconforming
buildings may be improved with the additions such as rooms,
porches, decks or similar features, providing the enlargement or
extension will meet all required setbacks and ordinances in the
district in which they are located.
(Ord. of 9-19-94, 5§ 3.6.01--3.6.07; Ord. of 3-15-88; Ord. of 12-
19-89; Ord. of 4-16-91(1); Ord. of 1-18-94)
' Sec. 9-85. CB commercial district (tourist facilities and
services).
' (a) Purpose. The CB commercial district is intended to
provide for tourist and recreational retail trade and services.
(b) Permitted uses. In the CB district, the following
buildings and uses are permitted as a right throughout the
district, subject to the standards and exceptions for this
district and the general provisions set forth in Division 5:
(1) Retail sales enterprises;
(2) Personal and professional services offices and shops;
(3) Banking facilities;
(4) Laundries;
(5) Convenience stores;
(6) Equipment rentals;
(7) Off-street parking facilities, subject to Division 5;
(8) Signs, subject to section 9-150;
(9) Public utility uses and structures;
(10) Restaurants;
(11) Commercial piers and marinas, subject to Division 5;
(12) Service stations (see section 9-147);
(13) Single-family residence (subject to single-family yard
setback requirements).
(c) Conditional uses. A conditional use permit may be
granted for any of the following buildings and uses in accordance
with the procedures set forth in Division 4:
(1) Hotels and motels;
(2) Auction halls;

(3) Commercial recreational attractions;
(4) Recreational campgrounds and recreational vehicle
parks;
(5) Cocktail lounges and taverns;
(6) Unified tract developments (commercial);
(7) Arcade, subject to section 9-140.
(d) Lot area, lot width and yard requirements. The following
minimum requirements shall be observed:
(1) Lot area . . . . 6,000 square feet
(2) Lot width . . . . 40 feet
(3) Front yard . . . . 40 feet
(4) Side yard . . . . 15 feet when abutting
a lot situated in another district
(5) Rear yard . . . . 15 feet where there is no
dedicated right-of-way
(e) Corner lots. A corner lot shall observe the minimum
front yard setback requirements and side yard requirements
abutting another district.
.(f) Detached accessory buildings and uses. Accessory
buildings and uses shall observe yard requirements in subsection
(d). Structures shall not exceed twenty-five (25) percent of the
total square footage of the first story of the principal building
on the lot.
(g) Building height limitations. No building in the CB
commercial district shall exceed thirty-five (35) feet in height,
and no accessory building or use shall exceed twenty (20) feet in
height, except for public utility uses and structures; towers,
poles and antennas as provided for in Division 4; and specific
conditional uses given in subsection (c) subject to Division 4.
(h) Construction; enlargements or extensions. Nonconforming
buildings may be improved with the additions such as rooms,
porches, decks or similar features, providing the enlargement or
extension will meet all required setbacks and ordinances in the
district in which they are located.
(Ord. of 9-19-84, §§ 3.7.01--3.7.07; Ord. of 3-15-88; Ord. of 12-
19-89; Ord. of 4-16-91(1); Ord. of 10-20-92(1); Ord. of 1-18-94)

I
Editor's note --There is no § 3.8 in this part of the
ordinance.
Sec. 9-86. OS open space district.
(a) Purpose. The OS district is intended to give particular
' attention to the nature of protection and appropriate development
of areas of environmental concern as defined in the state
administrative code (NR&CD--Coastal Management Act), subchapter
7H-- " State Guidelines for Areas of Environmental Concern'' and
as defined by the town. The OS district is intended not to allow
any uses as a right but to allow them conditionally.
' (b) Permitted uses. In the OS district, the following uses
are permitted as a right throughout the district, subject to the
standards and exceptions for this district and the general
' provisions set forth in Division 5: Water access ramps, docks and
piers.
' (c) Conditional uses. A conditional use permit may be
granted for any of the following buildings and uses in accordance
with the procedures set forth in Division 4:
(1) Passive recreational parks and greenways;
(2) Nature walks and study facilities.
' (Ord. of 9-19-84, H 3.9.01--3.9.03)
Sec. 9-87. PUD-R planned unit development -residential district.
(a) Purpose. This district is intended to permit development
in accordance with a master plan of a tract of land consisting of
' at least ten (10) contiguous acres into a residential community.
Within such development the location of all improvements shall be
planned in such a manner as to permit a variety of housing
' accommodations in an orderly relationship to one another with an
adequate provision of open space and minimal disturbance to
natural features. This zoning district is appropriate when the
land owner(s) contemplates a variety of housing types and/or a
phased development. Flexible requirements permit the developer to
approach the development as an integrated social, environmental
and economic system and to thereby offer more efficient,
' attractive, flexible and environmentally sensitive designs.
(b) Procedure. The PUD-R zoning district is a floating zone.
To apply for a PUD district, the petitioner must follow the
rezoning and PUD review procedure. At time of approval of the PUD
district the PUD-R district shall be mapped on the Town of Long
Beach Zoning Map. District boundaries shall be consistent with
section 9-58. All proposed PUD districts shall be at least ten
(10) contiguous acres.

(c) Permitted uses. In the PUD-R district the following
buildings and uses are permitted as a right throughout the
district, subject to the standards and exceptions for this
district and the general provisions set forth in Section 9-131 et
seq.:
(1) Single-family dwellings;
(2) Customary accessory buildings and uses incidental to
the uses permitted in the district;
(3) Churches;
(4) Public parks, playgrounds, golf courses, community
centers;
(5) Schools, public and private;
(6) Signs, subject to section 9-150;
(7) Marinas and piers;
(8) Home occupations, subject to Section 9-139;
(9) Duplexes;
(10) Apartments;
(11) Townhouses;
(12) Condominiums.
(d) Conditional uses. A conditional use permit may be
granted for any of the following buildings and uses in accordance
with the procedures set forth in Division 4:
(1) Child care facilities;
(2) Fraternal organizations;
(3) Group homes;
(4) Hospitals;
(5) Nursing homes and convalescent centers;
(6) Public utility uses and structures.
(e) Lot area, lot width and yard requirements.
(1) A minimum gross development size of ten (10) contiguous
acres is required. There shall be no minimum lot size,
lot width or setback requirements; however, the

'
following standards shall apply:
a. No structure may be located less than thirty (30)
feet from a public street right-of-way.
b. A twenty-five (25) foot wide buffer shall be
maintained around the entire perimeter of the
'
PUD, with screening as required in Section (f)
Buffering.
(2) Zero lot lines. Where individual dwelling units are to
be sold in a single building and it is desired to deed
the land under the unit to the purchaser, such as in
'
the case of townhouses or patio homes, zero lot line
lots may be used as long as the required yards and
required buffers are maintained around the PUD.
(3) Density. Development area density shall be no greater
than that normally permitted for the district in which
the PUD is to be located except as provided below.
Development area density shall be computed by
subtracting fifteen (15) percent of the gross area (as
an allowance for streets).
(4) Density bonus. A density bonus not to exceed thirty-
five (35) percent of the number of dwelling units
permitted under the R-6 district regulations may be
approved by the planning board in accordance with the
following ratios of residential area to common open
space. In each case, the planning board must make a
finding that the development will result in a
significantly better environment than would otherwise
have occurred in accordance with the established
permitted density. Tentative application of the density
bonus shall be included in the rezoning application for
review and approval.
DENSITY BONUS SCALE
Residential area
to be Common Open Space %
Density Bonus
10-19
10
20-29
15
30-39
20
1

11
1
1
1
1
i
f
L
F
1
7
u
1
1
1
1
11
d
1
40-49
25
50-59
30
60 or more
35
(f) Buffering. The purpose of a buffer strip is
any potential objectionable features resulting from
intensive utilization of land from neighboring, less
use areas.
to screen
the more
intensive
(1) Bufferyards required. A bufferyard consisting of a
horizontal distance of twenty-five (25) feet from the
property line on the boundary of the proposed PUD shall
be provided. Such yard may only be occupied by
landscaping, screening, walls or fences as provided in
(3) below, utilities, pedestrian ways and landscaping
materials.
(2) Screening required. The bufferyard illustration (see
note) depicts the required components of each bufferyard type
(opaque, semi -opaque, and aesthetic). The required minimum
heights of the vegetation used in required buffers is below:
Type
Planting
Maturity
Evergreen shrubs
18"
4'
Evergreen trees
3'
25'
Deciduous trees
5'
35'
Note --the bufferyard illustration has not been included
herein but is available in the office of the townclerk.
(3) Alternative buffers and screening. An opaque wall or
fence with a minimum height of six (6) feet shall
reduce the number of evergreen plantings by fifty (50)
percent and bufferyard width by thirty (30) percent.
Alternative methods of buffering and screening
including but not limited to: existing vegetation,
fences, walls and earthen berms, etc. Alternatives may
be permitted if, upon submission of detailed plans to
1

I
the planning board, the planning board finds that the
alternative methods will afford a degree of buffering
and screening equivalent to that provided by the above
' requirements. It shall be the responsibility of the
developer to provide the planning board with adequate
information to make such a judgment. Adequate
' information shall include but not be limited to a
detailed, clearly legible landscaping plan drawn to
scale.
' (4) Maintenance of landscaping. All landscaping and
screening required by this section shall be installed
and maintained so as to continue its effectiveness.
' (g) Conformity to plans. Site development within the planned
development shall be in conformity to the Town of Long Beach Land
Use Plan, zoning ordinance, thoroughfare plan, subdivision
regulations, flood prevention ordinance, and associated
requirements approved by the planning board as part of the permit
conditions, or other plans adopted by the Town. Planned
developments (PUD's) are hereby exempted from the specific
standards of the zoning and subdivision ordinances, but shall
adhere to all development standards approved as a part of the
' master plan. All development standards approved by the Town
Board in the master plan and applicable plat review and approval
procedures of the subdivision ordinance shall be followed in
' development of the PUD.
(h) Common open space. "Common open space" required in PUDs
shall mean a parcel or parcels of land or a combination of land
' and water within the site designated for a PUD designed and
intended for the use and enjoyment of residents of the proposed
development for the general public, 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 the residents.
(1) A minimum total area of ten (10) percent of the gross
residential area shall be set aside as common open
' space in a PUD. Of this ten (10) percent, a maximum of
one-half may be areas covered by water, regulatory
wetlands and/or a golf course.
' (2) A maximum of fifteen (15) percent of the area
designated to be common open space may be covered by
structures clearly auxiliary to the recreational use of
the area. Such structures may include tennis courts,
pro shops, club houses, swimming pools, and the like.
(3) The location, shape and character of the common open
space must be suitable for the proposed development.
' (4) Common open space shall be capable of being used and

enjoyed for the purpose of informal and unstructured
recreation and relaxation, and shall be dedicated to
the town or remain in control of the PUD through a
'
Homeowners Association or similar means. The uses
authorized for the common open space must be
appropriate to the scale and character of the
development.
(5)
Common open space must be suitably improved for its
'
intended use, but common open space containing natural
features clearly worthy of preservation may be left
unimproved. The buildings, structures, and improvements
which are permitted in the common open space must be
appropriate to the uses which are authorized for the
'
common open space and must conserve and enhance the
amenities of the area having regard to its topography
and unimproved condition.
'
(i) All land shown on the development plan as common open
space must be conveyed under one of the following options:
(1)
It may be dedicated to the town for public use. Any
dedication must be formally accepted by the town to be
valid. Nothing in this section in any way obligates the
town to accept the dedication of any property.
1
(2)
It may be conveyed to the trustees provided in an
indenture establishing an association of homeowners.
The common open space must be conveyed to the trustees
'
subject to covenants and easements to be approved by
the planning board which restrict common open space to
the uses specified on the plan, and which provides for
the maintenance of the common open space in a manner
'
which assures its continuing use for its intended
purpose. If the common open space is deeded to a
homeowners association, the developer shall file a
declaration of covenants and restrictions that will
govern the association, to be submitted with the
application for approval.
(3)
The common open space may be retained, operated, and
maintained by the PUD property owner or developer if a
legal document is submitted to the town prior to the
'
issuance of a building permit binding in perpetuity the
common open space to be used as such and to be
maintained in an appropriate manner. If at any future
date the owner and operator of the common open space
and its facilities wishes or is required to relinquish
control of such facilities, the common open space shall
be conveyed as described above, dedicated to the town
'
for public use, or sold with all operating requirements
and legal obligations still binding. The common open
'
space shall forever be part of the PUD.

'
(j)
Master plan. Request for establishment of a PUD district
shall be
accompanied by a site development plan, application, and
the appropriate fees.
'
(k)
Contents of master plan. A site development plan drawn
to scale
shall contain the following information:
'
(1)
The name of the PUD;
'
(2)
The exact boundary lines of the PUD fully dimensioned
by lengths and bearings, and the location of
intersecting boundary lines of adjoining lands;
'
(3)
Scale denoted both graphically and numerically;
(4)
The plans for general utility layouts, including
sewers, storm sewers, water distribution lines, natural
gas, telephone and electric service, illustrating
connections to existing systems or plans for individual
water supply systems and/or sewage disposal systems.
(5)
Street names;
(6)
The location, purpose and dimensions of areas to be
used for purposes other than residential;
'
(7)
Minimum building setback lines or typical details;
(8)
The names of owners of adjoining properties and any
adjoining subdivisions of record;
'
(9)
The location and dimensions of all rights -of -way,
utility or other easements, riding trails, natural
buffers, pedestrian or bicycle paths, and areas to be
'
dedicated to public use with the purpose of each
stated. If private streets are proposed, a statement
to that effect and explanation of maintenance
responsibility shall be provided. Typical cross
sections, pavements and easement widths, vertical and
horizontal controls and utility locations shall be
included in the plan;
(10)
All adjacent streets, easements and property lines and
notation of all private streets;
(11)
Existing water courses, railroads, bridges, culverts,
storm drains, both on the land to be subdivided and on
'
the land immediately adjoining, corporate limits,
township boundaries, and county lines;
(12)
The deed restrictions or any similar covenants proposed
for the PUD;

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11
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CAI
t
(13) The date of the survey and plat preparation;
(14) North arrow and declination;
(15) The name(s) of the township(s), county(ies), and state
in which the development is located;
(16) The name and location of any property within the PUD or
within any contiguous property, that is listed on the
U.S. Department of Interior's National Register of
Historic Place;
(17) The name(s), address(es), and telephone number(s) of
the owner(s), registered surveyor(s), land planner(s),
architect(s), landscape architect(s), and professional
engineer(s) responsible for the subdivision and the
registration number(s) and seal(s) of the professional
engineer(s) and registered surveyor(s);
(18) Flood hazard areas according to flood insurance rate
maps or flood hazard boundary maps;
(19) Topographic information showing vertical contour every
two (2) feet if deemed necessary by the planning board;
(20) Show boundaries of areas of environmental concern
(CAMA);
(21) Total number of dwelling units, land area and total
open space area.
(1) PUD review process. The following is the application and
review procedure for a PUD district application:
(1) Pre -application conference with applicant, town staff
and the planning board PUD review committee;
(2) Informal hearing before the Planning Board and Town
Council by applicant (optional);
(3) The Planning Department will inform and assist
applicant on recommendations prior to the formal
submittal of the PUD plan;
(4) Master plan and petition for overlay zoning is
submitted to planning department. The petition for PUD
is presented to the planning board at the next regular
meeting.
(5) The planning board will review the master plan and
rezoning petition for general understanding of the
proposal. The PUD will be given to the PUD review
committee to review and come back to the full board at
the next regular meeting with a recommendation. At the

I
' same meeting the PUD is given to the review committee
the full planning board may recommend to the Town
Council to call a public hearing.
(6) The Town Council will set a public hearing date to be
attended by both the Town Council and Planning Board.
Public hearing is held to hear comments from applicant
and public on the proposed project.
(7) The Town Council refers the PUD plan back to the
Planning Board for a recommendation.
(8) Planning board at the first regular meeting after the
public hearing will review the plan, recommendations
from the PUD review committee and town staff and
comments heard at the public hearing and prepare a
recommendation to be presented to the town board. The
planning board may delay a recommendation as long as a
recommendation is given to the town board within sixty
1 (60) days after the public hearing.
(9) Town Council reviews plan and hears recommendations from
the Planning Board and Town Staff. Town Council takes
final action. The Town Council may table the plan as long
as action is taken on the PUD within forty-five (45) days
after receiving a recommendation from the planning board.
' (10) Following approval of the petition for zoning and
master plan, the developer/subdivider of the PUD shall
' submit preliminary plans and final plans in accordance
with the relevant standards of Sections 9-248 and 9-249
of the Subdivision Regulations for review and approval
by the Planning Director. The Planning Director may
consult with other departments or agencies before
approving any plans. No final plan may be approved for
recording until all required state permits have been
1 authorized. All preliminary and final plans must
reflect the standards established in the approved
master plan; however, the Planning Director may approve
minor changes from the master plan which do not
' increase overall project density or intensity, change
the major traffic circulation plans, or increase
potential impacts on adjacent properties. The Planning
' Director may defer any decision to approve or deny a
preliminary or final plan to the Planning Board and/or
Town Council, if there is sufficient cause to question
the plan's adherence to the standards of the master
plan. Also, any decision of the Planning Director in
actions pertaining to plan approval/denial may be
appealed by the developer or subdivider of the PUD to
' the Planning Board and/or Town Council.
(Ord. of 5-16-94)

Editor's note --An ordinance adopted May 16, 1994, did not
specifically amend the Code; hence, its inclusion herein as H 9-
87--9-90 was at the discretion of the editor.
' Sec. 9-88. PUD-M planned unit development -mixed district.
' (a) Purpose. This district is intended to permit development
in accordance with a master plan of a tract of land consisting of
at least ten (10) contiguous acres, into a mixed community.
Within such development the location of all improvements shall be
' planned in such a manner as to permit a variety of residential
and non-residential uses in an orderly relationship to one
another with an adequate provision of open space and minimal
disturbance to natural features. This zoning district is
appropriate when the land owner(s) contemplates a diversity of
uses and/or a phased development. Flexible requirements permit
the developer to approach the development as a integrated social,
environmental and economic system, and to thereby be innovative
in offering a greater choice of living and working environment.
The allowance of non-residential uses in the community in a
' manner harmonious to residential areas can be very beneficial to
the residents thereof providing nearby opportunities for
employment and services.
(b) Permitted uses. In the PUD-M district the following
buildings and uses are permitted as a right throughout the
' district, subject of the standards and exceptions for this
district and the general provisions set forth in Division 5:
(1) Single-family;
' (2) Customary accessory buildings and uses incidental to
the uses permitted in the district;
(3) Churches;
' (4) Public parks, playgrounds, golf courses, community
centers;
(5) Schools, public and private, subject to Division 5;
(6) Signs, subject to section 9-150;
' (7) Private marinas and piers, subject to Division 5;
(8) Duplexes;
(9) Apartments;
(10) Townhouses;
' (11) Condominiums.
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(c)
Conditional uses. A conditional use permit may be
granted for any of the following buildings and uses in accordance
with the
procedures set forth in Division 4;
'
(1)
Retail sales enterprises that operate in fully enclosed
premises;
'
(2)
Business offices and shops rendering professional and
personal services;
'
(3)
Banking facilities;
(4)
Lodges, clubs, fraternal societies;
(5)
Public office buildings;
(6)
Equestrian facility;
(7)
Museum or art gallery;
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(8)
Manufacturing facility.
(d)
All other provisions are the same as PUD-R district.
r(Ord.
of
5-16-94)
Note --See the editor's note at 5 9-87.
Sec. 9-89.
SHC-1 special highway corridor district.
(a)
Purpose. The SHC-1 district is intended to be an
exclusive
central retail and service business district core. SHC-
1 shall also
consist of some mixed office and high density
residential
development. Lots and structures along the
intraccastal
waterway (ICW) shall be oriented toward the ICW.
(b)
buildings
Permitted uses. In the SHC-1 district, the following
and uses are permitted as a right throughout the
district
and subject to the standards and exceptions for this
district
and the general provisions set forth in Division 5:
'
(1)
Retail sales enterprises that operate in fully enclosed
premises;
(2)
Business offices and shops rendering professional and
personal services;
'
(3)
Banking facilities;
(4)
Public office buildings, libraries;
'
(5)
Off-street parking facilities;
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(6) Signs, subject to section 9-150;
(7) Restaurants;
(8) Cocktail lounges and taverns;
(9) PUD-M zoning district.
(c) Conditional uses. A conditional use permit may be
granted for any of the following buildings and uses in accordance
with the procedures set forth in Division 4:
(1) Hotels and motels;
(2) Unified tract developments;
(3) Commercial piers and marinas;
(4) Apartments;
(5) Townhouses;
(6) Condominiums;
(7) Customary accessory buildings and uses.
(d) SHC-1 district boundaries. The SHC-1 is specifically
designed for the proposed Midway road extension. The SHC-1 is
intended to create a focal point or central business district for
the town's jurisdiction north of the ICW. The boundaries of SHC-1
shall consist of: The width of the district shall be two thousand
(2,000) feet measured at the intersection of the Midway road
extension and the ICW; the width shall be measured one thousand
(1,000) feet east of the centerline of Midway road extension and
one thousand (1,000) feet west of the centerline of Midway road
extension. The SHC-1 district shall be measured five hundred
(500) feet from the highwater mark of the ICW, north along the
Midway road extension. Therefore the area shall be five hundred
(500) feet by two thousand (2,000) feet, not including the
acquired right-of-way for the Midway road extension.
(e) ICW buffer. A buffer shall exist in the SHC-1 district
along the ICW. The buffer shall be one hundred (100) feet wide.
The buffer shall be measured from the high water mark and buffer
shall thence run north one hundred (100) feet. The purpose of the
buffer is to allow for run-off infiltration, and provide a
passive recreation area and pedestrian travel way along the ICW.
The buffer shall consist of natural vegetation and or a
landscaped area. Uses in the buffer shall be prohibited, with the
exception of uses allowed in setbacks.
(f) Lots on the corner of ICW and Midway road extension
shall have an aesthetic buffer (see PUD buffering) between the
use and Midway road extension.

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(g) Lot area, lot width and yard requirements. The following
minimum requirements shall be observed;
(1) Lot area . . . . 10,000 sq. feet
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(with centralized sewage
system) . . . . 6600 sq. feet
(2)
Lot width . .
. . 50 feet
(3)
Front yard . .
. . 40 feet
(4)
Side yard . .
. . 8 feet
(20 feet
when lot abuts
another district or highway)
1 (5) Rear yard . . . . 25 feet
(*Lot area requirements will change when buffering is
1 required, see PUD buffering)
(h) Detached accessory building. Accessory buildings and
uses shall be set back a minimum of eight (8) feet from any side
1 property line and a minimum of ten (10) feet from the rear
property line. Accessory buildings shall not extend beyond the
front edge of the principal building or beyond the minimum front
building line whichever is greater. Accessory buildings and uses
shall be set back a minimum of ten (10) feet from any side
property line along which there is utility easement.
(i) Number and arrangements of driveways. All driveways will
have to meet the zoning ordinance requirements, the town's public
work department requirements, NCDOT policy on street and driveway
access to
NC highway requirements, and the following additional
requirements. These requirements shall supersede the NCDOT policy
on number
and arrangements of driveways:
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(1)
No two (2) accesses to the major thoroughfare (as
identified by the 1988 Brunswick County Thoroughfare
Plan) shall be closer than five hundred (500) feet. The
subdivider or developer of property is responsible for
constructing or arranging for the construction of an
access to lots created.
(2)
Each access to the major thoroughfare shall be of
adequate size to allow for right and left turning lanes
and shall conform to NCDOT standards for street
intersections or NCDOT standards for major commercial
entrances.
(3) Accesses to the service road (serving the major
thoroughfare) shall conform to the town's policy on
driveways and NCDOT policy on driveway access to NC
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' (3) Commercial piers and marinas;
(4) Apartments;
(5) Townhouses;
(6) Condominiums;
(7) Customary accessory buildings and uses.
(d) SHC-2 boundaries. The district shall begin at the
northern most boundary of the SHC-1 and overlay the highway five
1 hundred (500) feet on either side of the right-of-way. This
district can be overlayed on any road. The SHC-2 district along
the Midway road extension shall continue to the Town of Long
' Beach ETJ boundary.
(e) All other provisions of SHC-1 shall apply to SHC-2.
1 (Ord. of 5-16-94)
Note --See the editor's note at § 9-87.
' Secs. 9-91--9-100. Reserved.
DIVISION 4. CONDITIONAL USES*
*State law reference(s)--Conditional use permits, G.S. §
160A-381.
Sec. 9-101. General procedures.
(a) Purpose. The purpose of this section is to allow for
those uses which have the potential of being incompatible with
adjacent land uses. For this reason, special consideration shall
be given to those uses listed as conditional uses in the zoning
' districts as listed in Division 3. The reasons for requiring such
special considerations involve, among other things, the size of
the area required for the development of a use, the affect such
uses have on any adjoining land uses and on the health, safety,
general welfare and development of the community as a whole.
Approval of a conditional use does not establish a binding
precedent to grant other conditional uses. A conditional use is
not transferable from one parcel of land to another.
(b) Application of regulations. Application for granting a
conditional use shall be filed with the planning board by the
owner or by the owner's authorized representative. The applicant
shall also submit:
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(1) An accurate map or plat which shows the property for
which the conditional use is sought. The map shall
contain the following information:
a. The names of owners of record of adjoining
properties;
b. The location and name of all adjacent street
rights -of -way;
C. The total area of the property;
d. The location of all existing buildings on the
property.
(2) Plans and specifications showing the methods by which
the property owner will comply with the conditions
specified for the conditional use.
(3) Application shall be accompanied by a filing fee of
seventy-five dollars ($75.00).
(c) Steps to be taken in a conditional use application other
than unified tract developments.
(1) The planning board shall review each conditional use
request and:
a. Recommend approval;
b. Recommend approval with conditions;
C. Recommend denial.
(2) The planning board shall have forty-five (45) days from
the date on which the request is referred to the
planning board until it makes a recommendation to the
board of commissioners. If the planning board fails to
submit a recommendation within a forty -five-day period
it shall be deemed to have made a favorable
recommendation unless a longer time period is granted
by the board of commissioners.
(3) The board of commissioners, after receiving a
recommendation from the planning board, shall hold a
public hearing on the conditional use request. After
the hearing, the board of commissioners may make a
decision on the request. In making its decision the
board must state:
a. The reasons for approval or denial; and
b. The conditions, if any, which apply.

(d) Types of conditions. The planning board may recommend
conditions on a request in order to ensure that the use will be
compatible with the use and/or development of properties in the
general neighborhood. Such conditions may include, but not be
necessarily limited to:
(1) Use regulations;
(2) Special yards and space dimensions;
(3) Fences and walls;
(4) Street dedications or improvements;
(5) Parking spaces;
(6) Vehicular access points;
(7) Landscaping improvements and maintenance;
(8) Maintenance of the grounds;
(9) Noise and vibration limits;
(10) Regulations concerning time for certain activities;
(11) Time period within which the proposed use shall be
developed.
(e) Uses not specified in any district. When a use is not
authorized or where ambiguity exists concerning the appropriate
classification or procedure for the establishment of a particular
use or type of development within the framework of this chapter,
the use or development may be established as a conditional use
provided that the such use is in accordance with the appropriate
zoning district and does not have an adverse impact on the
health, safety, development and general welfare of the community
as a whole.
(Ord. of 9-19-84, §§ 4.1.01--4.1.05; Amend. of 10-20-92(1))
Sec. 9-102. Animal clinic.
An animal clinic or hospital may locate in the CA district
upon the finding by the planning board that this use will not
constitute a nuisance because of traffic and noise created by
clients and animals treated at the facility. No animals shall be
boarded at the clinic other than convalescing animals.
(Ord. of 9-19-84, § 4.2.01)
Cross reference(s)--Animals, § 7-21 et seq.

Sec. 9-103. Apartments, condominiums, duplexes, townhouses.
The planning board may recommend the location of apartments,
condominiums, duplexes and townhouses in the R5 district subject
to the following conditions:
(1) Lot area, lot width and yard requirements. The
following minimum requirements shall be observed:
Duplexes
3 units
Each
additional
unit up to
6
Each
additional
unit over 6
Lot Area
9,900
13,200
2,200
1,100
Sq. Ft.
Sq. Ft.
Sq. Ft.
Sq. Ft.
Lot width
82.5 ft.
110 ft.
10 ft.
10 ft.
Setbacks:
<spc;3>
Front yard
30 ft.
same
same
same
Side yard
20 ft.
same
same
same
Street side
30 ft.
same
same
same
yard
Rear yard
30 ft.
same
same
same
Minimum distance between buildings: 30 feet.
LONG BEACH CODE
CODE PORTION ENDS

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(2) Access. The site shall front on a dedicated street.
(3) Water and sewer. The site shall be served by the town
water system and by a sewer system approved by the
county health department.
(4)
Parking. Off-street parking shall be provided so that
'
there shall be:
a. One (1) space for every one hundred (100) square
feet of ground floor area of buildings and other
roofed or enclosed structures; and
b. One (1) space for every five hundred (500) square
feet of outdoor area.
The boundary of any off-street parking area shall be at
least one hundred (100) feet from any land in a
residential district adjoining the subject property and
at least twenty-five (25) feet from any other adjoining
land excepting street right-of-way where no setback
shall be required. Such off-street parking shall be
screened from any adjoining land in a residential
district by plant material and/or fencing of adequate
type, height and depth to provide a reasonable sight
and sound barrier.
(5)
Setbacks. The proposed use shall have a forty -foot
front yard setback and a twenty -five-foot rear yard
setback line.
(6)
Signs. One (1) sign identifying the facility may be
located at one (1) entrance on each street. Signs shall
be arranged and installed so as not to shine or reflect
1
into any adjacent residential property or into the path
of any motor vehicle on any approach road. The planning
board has the right to reject any sign which is not in
harmony with the character of the surrounding area.
(Also subject to section 9-150.)
(7)
Site plan. A site plan, drawn to scale, shall be
submitted to the planning board. The plan shall show
the zoning classification, use and character of the
adjoining properties; existing and proposed rights -of -
way; the location and arrangement of off-street parking
areas; the location of buildings and areas; the
arrangement of signs and lighting; a landscaping plan
'
and other features as may be required by the planning
board to permit an adequate evaluation of the project.
1 (8) General planning board procedures and time frame. The
planning board in its review of the project shall be
able to require additional data, plans or information
to assist it in evaluating the project; it may require
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modification of plans, the elimination of facilities or
the installation of additional facilities when such are
needed for a compatible relationship between the
project area and adjacent properties. If the project
plan is approved by the planning board, the plan, along
with all written documentation and conditions which may
be attached to it, shall be considered the "project
development plan." Such plan shall be adhered to by the
developer and shall remain valid for a period of two
(2) years from the date of its approval. If at the end
of that time no construction has begun on at least one
(1) principal structure of the plan, then the plan
shall be considered to have expired and must be
submitted again to the planning board for approval.
(9) Addition of attractions within an established site.
Prior to the installation of an additional attraction,
the property owner or appropriate representative shall
submit to the planning department a project plan for
staff review. At that time, staff shall review the
proposed project plan and determine whether a
conditional use permit modification is necessary. If
staff determines that a conditional use permit
modification is not necessary, the property owner shall
then be allowed to install the attraction, providing
all other necessary building, electrical, mechanical,
plumbing, etc. are obtained. If the addition to the
attraction is determined to cause a concern for the
general welfare of the community, the project plan will
then be forwarded to the planning board for conditional
use review.
(Ord. of 9-19-84, § 4.2.04; Ord. of 10-17-95(2))
Sec. 9-106. Day care centers.
A lot, parcel, or tract of land may be used for a day care
center, subject to the following conditions:
(1) State standards. That the day care center meets the
standards established by the state department of human
resources regarding the size of building and play
areas.
(2) One principal use. That no other business may be
located on the property.
(3) Neighborhood impact. That there will be no adverse
impact on the neighborhood as a result of traffic,
noise, maintenance or other activities associated with
the day care center.
(4) Signs. That signs for the day care center be unlighted
and limited to a total of five (5) square feet. (Also
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subject to section 9-150.)
(5)
Public poll. That a poll be taken by mail in the
'
immediate area of the facility. The area polled will be
the radius from each corner of the property boundary,
extending
'
one hundred eighty (180) feet from the property.
Letters shall be sent to property owners within that
radius for public comment on the application submitted
for a day care center in the area.
(Ord. of
9-19-84, § 4.2.05)
State
law reference(s)--Day care facilities, G.S. § 110-85
et seq.
Sec. 9-107.
Fraternal organizations.
Fraternal
when the
organizations may be allowed in the R3 district
planning board finds that the site is located on a main
arterial
street, as defined by the town, and more specifically
including
Oak Island Drive and Yacht Drive.
(Ord.
9-19-84,
of
§ 4.2.06)
Sec. 9-108.
Group homes.
A lot,
parcel or tract of land may be used for a group home
upon the
following findings of the planning board:
(1)
Nuisance. That the use will not constitute a nuisance
owing to noise, traffic or other activities.
(2)
Compatibility. That the use will not tend to adversely
affect the use and development of the surrounding
I
residential community as a result of traffic, noise,
maintenance or other activities associated with the
group home.
(3)
Need. That the applicant demonstrates the need for the
facility.
(4)
Supervision. That the premises will be under the
supervision of qualified personnel at all times.
(5)
Invitation for public comment. That a poll will be
taken by mail in the immediate area of the facility.
The area polled will be the radius from each corner of
the property boundary extending one hundred eighty
(180) feet from the property.
(6)
Minimum dimensional requirements waiver. In addition,
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that if the lot, parcel, or tract of land or building
to be used as a group home does not conform to the
minimum area, minimum frontage, minimum setback
requirements, or other restrictions set forth by the
zoning district in which the use is to be located, then
the restriction may be waived only by the planning
board upon finding that the proposed site is of
sufficient size to properly accommodate a facility of
the character and number of occupants proposed without
adversely affecting adjacent land use.
(7) Geographical distribution. Notwithstanding any other
provision of this section, no group home shall be
located within a one -half -mile radius of another such
facility in order to prevent over -concentration of this
use in a given area.
(Ord. of 9-19-84, § 4.2.07)
Sec. 9-109. Hospitals, nursing homes and convalescent centers.
(a) Restrictions. A lot, parcel or tract of land may be used
for a [convalescent home,] hospital, [or] nursing [home] upon the
finding of the planning board that the use will not constitute a
nuisance because of traffic, noise, number of patients or persons
being cared for or that the use will not adversely affect the
present character or future development of the surrounding
residential community.
(b) Dimensional requirements. The lot on which the building
or buildings are located shall conform to the following minimum
area, setback and parking requirements:
(1) Convalescent Home:
Total area -- two (2) lots
Front yard setback -- 30 feet
Setbacks -- 25 feet from property lines
(2) Hospitals:
Total area -- five (5) acres
Setback -- 50 feet from property lines
(3) Nursing Homes:
Total area -- one-half (1/2) acre
Front yard setback -- 30 feet
Setbacks -- 25 feet from all other property lines
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of liquid wastes from dependent camping vehicles, and
that solid and liquid wastes shall not be discharged on
the surface of the ground or into any well, open ditch,
stream, lake or reservoir.
(Ord. of 9-19-84, § 4.2.11)
Sec. 9-113. Recreational campgrounds and recreational vehicle
parks.
Campgrounds for recreational purposes may locate in the CB
commercial district provided:
(1) Accessibility. That the campground shall be readily
accessible to a public street and no entrance or exit
from the campground shall require traffic movement
through a developed residential district and that
access to campsites or recreational vehicle sites shall
be provided through well -maintained roadways within the
campground.
(2) Dimensions. That no campground shall be less than two
(2) acres or one (1) city block in size, and that no
campsite shall be located closer than twenty-five (25)
feet to the right-of-way of any public street.
(3) Site design. That detailed site plans showing the
proposed type and location of campsites, access roads,
location and type of all related facilities and a
description of the provisions for utilities shall be
provided to the planning board when making a decision
on the request. During the review, special attention
shall be directed toward ensuring that adequate space
is provided for each campsite. Concrete slabs shall be
allowed as long as they do not exceed one hundred (100)
square feet per campsite and shall not violate the
restrictions for impervious surface coverage as
provided in this section.
(4) Screening and landscaping. Additional yard areas and
landscaping may be required when granting the
conditional use.
(5) Recreational vehicles. A recreational vehicle is ready
for highway use if it is on wheels or a jacking system,
is attached to the site only by quick -disconnect type
utilities and security devices, and has no additions.
Recreation vehicles placed on sites shall either:
a. Be on site for fewer than one hundred eighty (180)
consecutive days; or
b. Be fully licensed and ready for highway use.

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C. All additions, including decks, storage buildings
and rooms or porches are to be removed. The
removal of all additions is the responsibility of
the park owner and is to be completed within sixty
(60) days from the approval of this section.
(Ord. of 9-19-84, § 4.2.12; Ord. of 5-19-92; Ord. of 6-16-92(3))
Cross reference(s)--Parks and recreation, Ch. 8.
Sec. 9-114. Cocktail lounges, bars, taverns.
A lot, tract or parcel may be used for a cocktail lounge,
bar or tavern upon the following findings:
(1) Nuisance. That the use will not constitute a nuisance
owing to noise, traffic or other activity.
LONG BEACH CODE
1 CODE PORTION ENDS
CODE PORTION BEGINS
PLANNING AND DEVELOPMENT
(Contains Supplement Pages between 558 and 561
Supp. No. 15
(2) Compatibility. That the use will not tend to
adversely affect the use and development of the
surrounding community as a result of traffic, noise
or other activities associated with the use.
1 (3) Signage. Signs subject to 9-150.
' Section 9-115. Towers (electronic, radio and television
transmission and receiving), poles, or antennas
' (commercial purpose).
These uses may be established, provided that such tower,
pole antenna of combination thereof, is located a distance equal

to its height plus fifty (50) feet from all bounding lot or
street lines unless such limits are waived by the Planning Board.
' The use of such structures to support a sign or lights except
those required for aircraft warning, is prohibited. All towers
shall meet requirements of the Federal Aviation Administration
and Federal Communication Commission where applicable.
change or addition constitutes a substantial alteration
of the original plan, a public hearing shall be
required.
' (Ord. of 9-19-84, § 4.2.15)
Sec. 9-117. Bed and breakfast homes.
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[Bed and breakfast homes may located in the CB district,
subject to the following conditions and other which may be
required by the planning board:]
(1) Bed and breakfast homes offering accommodations to no
more than eight (8) persons shall be allowed in CB
commercial districts only.
(2) Bed and breakfast homes shall be registered at the town
hall annually before beginning operation thereof,
giving the name of the owner or operator, address,
accommodations offered and period of operation.
(3) Evidence shall be provided that the facility is in
full
compliance with the North Carolina Administrative Code
administered by the Department of Natural Resources
and
Community Development, Division of Health Services,
'
pertaining to bed and breakfast homes.
(4) A minimum of one (1) off-street parking space shall
be
provided for each bedroom and other room used for
sleeping in bed and breakfast homes.
(Ord, of 8-21-90(2))
Editor's note --An ordinance adopted August 21, 1990, did
not
specifically amend the Code; hence, its inclusion herein as §
9-
117 was at the discretion of the editor.
Seca. 9-118--9-130. Reserved.
DIVISION 5. GENERAL PROVISIONS*
----------
*Editor's note --Figure 5.01 et seq. are on file in the

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office of the town clerk.
' Sec. 9-131. Application.
The regulations presented in this article affect all land,
' every building and every use of land/or building within the
corporate boundaries and extraterritorial jurisdiction of the
town and shall apply as follows;
(1) New construction. After September 19, 1984, all new
construction shall conform to the use, area and bulk
regulations for the district in which it is to be
located.
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(2) Conforming uses. After September 19, 1984, land or
structures which conform to the regulations for the
district in which it is located may be continued,
provided that any,structural alteration or change in
use shall conform with the regulations herein specified
for the district in which it is located.
(3) Nonconforming uses. After September 19, 1984,
preexisting lots, structures, or land which would be
prohibited under the regulations for the district in
which it is located shall be considered as
nonconforming. It is the intent of this article to
permit these nonconformities to continue until they are
removed, but not to encourage their continued use.
Nonconforming structures or uses may be continued
provided they conform to the provisions of Division 6.
(4) Temporary uses. Field offices or shelters for materials
and equipment being used in the construction of a
permanent structure, may be permitted by the zoning
enforcement officer, provided that they do not create
health, safety or nuisance hazards. Temporary uses may
be placed up to one (1) month prior to scheduled
construction and shall be removed two (2) weeks after
construction is completed.
(Ord. of 9-19-84, § 5.01)
Sec. 9-132. Newly incorporated areas.
All territory which may hereafter be included within the
zoning jurisdiction of the town shall, after the proper hearings,
be placed in the appropriate district pursuant to Town policies
and Land Use Plan as determined by the Town Council.
(Ord. of 9-19-84, § 5.02)
Sec. 9-133. One principal building or use permitted on one lot.

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' No lot shall be occupied by more than one (1) principal
building or use.
(Ord. of 9-19-84, § 5.03)
Sec. 9-134. Previously platted lots.
When a lot or parcel of land has an area less than the
required minimum areas and widths and was of record as of July
' 17, 1975, that lot may be improved upon, provided that the
minimum yard setback requirements are conformed to.
' (Ord. of 9-19-84, § 5.04)
Sec. 9-135. Open space requirements.
No part of a yard provided around any building for the
purpose of complying with the provisions of this article shall be
included as a part of a yard required for another building.
(Ord. of 9-19-84, § 5.05)
' Sec. 9-136. Reduction of lot and yard size prohibited.
No yard or lot existing on September 19, 1984, shall be
reduced in size or area below the minimum requirements set forth
' in this article.
(Ord. of 9-19-84, § 5.06)
Sec. 9-137. Drainage.
' The following requirements and definitions apply:
(1) No building, structure or use of land shall be
constructed where the total impervious ground cover .
' shall exceed five thousand (5,000) square feet or where
ground moving structures or uses, or landscaping will
impede the flow of surface drainage until a drainage
plan shall be approved by the zoning administrator. In
the CA and CB districts, no building, structure or use
of land shall be constructed where the total impervious
ground cover shall exceed two thousand (2,000) square
feet until a drainage plan prepared by a registered
engineer shall be approved by the zoning administrator.
' (2) For the purpose of this division, impervious ground
cover shall mean: asphalt, concrete, stone, brick,
terrazzo, roofing, clay tile, or any other natural or
manmade material that is resistive to the absorption of
surface water or that dams or blocks the flow of
surface drainage and flow of stormwater.
(3) The drainage plan as required by this section shall
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include but not be limited to a site plan showing
existing and proposed buildings, storm drainage
facilities, ground cover, site construction plans with
grading plan and drainage system, drainage facility
design data including drainage area map, engineering
calculations, area of impervious cover and total land
area. No site shall be developed or structure erected
that will alter appreciably the quantity or quality of
surface water runoff from the property.
(Ord. of 9-19-84, § 5.07; Ord. of 7-17-90)
Sec. 9-138. Impact review statement.
Where a proposed use, because of its large size or other
special characteristics, construction, additions, renovations, or
landscaping appear to the planning board to be likely to involve
substantial environmental or social impacts or significant
demands on public services and funding, the developer shall
provide an impact statement covering the proposed development.
The statement shall contain each of the following elements as are
determined by the planning board to be relevant to the type of
development proposed.
(1) Environmental impact element:
a. A description of the environmental impacts
associated with the project including:
1. A description of the environment (land,
water, air and vegetation) as it exists prior
to development;
A description of the proposed project
including a statement of its purpose;
A description of the probable environmental
impacts of the project; and
Such summary, technical data, maps and
diagrams, and such other information as is
necessary to understand the proposed project
and its probable impacts.
b. An assessment of the consistency of the proposed
development to the applicable policies contained
in the plans for the town.
C. A description of alternatives in the proposed
development which may change the resulting impact
on the environment.
d. A description of design changes in the proposed
development which would diminish adverse effects
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of the project on the environment.
(2) Governmental service element:
a. A description of the additional burdens which will
be placed upon public services. These may include
but are not limited to:
1. Street system;
2. Public transportation;
3. Parking;
4. Educational facilities;
5. Water and sewage service;
6. Stormwater drainage;
7. Solid waste service;
S. Fire and police protection;
9. Parks and recreation;
10. Utilities; and
11. Any additional submissions required by the
board of commissioners.
b. An assessment of whether these services will cost
more to supply than the development will return in
tax revenue.
(3) Social impact element:
a. An assessment of the impacts of the development on
employment, including whether and the extent to
which the development will create new job
opportunities.
b. An assessment of the impact on housing, including
whether and the extent to which the development
will increase or satisfy demands for new housing.
(4) Public review summary. After the information is
gathered, it will be the developer's responsibility to
prepare a brief summary of the impact statement to be
distributed to landowners in such surrounding areas as
the planning board directs.
(5) Exemption. In lieu of this review, if the development
has met all local, state and federal permit requirements,

' the aforementioned regulations shall not be applicable.
' (Ord. of 9-19-84, § 5.08)
Sec. 9-139. Home occupations.
Home occupations may be carried on by a principal resident
of the premises, provided that the following conditions are
satisfied:
' (1) There is no display that will indicate from the
exterior that the building is being used in whole or in
part for any purpose other than a dwelling.
(2) There is no outside storage of materials or equipment
pertaining to the home occupation.
' (3) The building retains the characteristics of a
residence.
' (4) The use does not destroy the residential character of
the neighborhood.
I(Ord. of 9-19-84, § 5.09)
Sec. 9-140. Parking.
(a) General requirements. Except as provided in this
division, no building or structure shall be erected, altered, or
converted for or to any use unless there shall be provided on the
lot or parcel vehicle parking of at least the following ratios of
vehicle spaces for the uses specified in the designated districts
and unless all roadways comply with the standards contained
herein, except that an established use lawfully existing on
September 19, 1984, need not provide parking or roadways as
herein set forth and that no existing vehicle parking or roadways
may be reduced or further reduced below the minimum standards
required in this division.
(b) Specific requirements. In all districts off-street
parking is required. The following schedule shall apply:
(1) Dwelling unit --Two (2) spaces for each unit.
(2) Clinics or doctor's office --Fifteen (15) spaces per
clinic plus three (3) additional spaces for each doctor
' or dentist over three (3).
(3) Hospitals --Three (3) spaces for each one (1) bed.
' (4) Hotel or motel --One and one-half (1 1/2) spaces for
each unit, room or guest accommodation.
(5) Restaurant or cafeteria --One (1) space for each four
II

(4) fixed seats and one (1) space for each forty (40)
square feet of usable floor area.
(6)
Storage or warehouse --One (1) space for each five
thousand (5,000) square feet of floor area.
(7)
Manufacturing, processing, or repair --One and one-half
'
(1 1/2) spaces for each two (2) employees working on
the highest employment shift.
'
(8)
Office, general --One and one-half.(1 1/2) spaces for
each two (2) employees working on the highest
employment shift.
(9)
Commercial, recreation and amusement --One (1) space for
every two hundred fifty (250) square feet in use.
'
(10)
Retail or personal service --One (1) space for each two
hundred fifty (250) square feet of floor area.
'
(11)
Theatres, meeting rooms, churches, fraternal
organizations, and places of public assembly --One (1)
space for each five (5) fixed seats and one (1) space
'
for each fifty (50) square feet of floor area.
(12)
Cocktail lounges, bars, taverns and private clubs --One
(1) space per table plus one (1) space per every twenty
'
(20) square feet of usable serving area.
'
(13)
Arcade --One (1) space per machine plus one (1) space
for every fifty (50) square feet of usable space.
(14)
Municipal Property -One (1) space for each employee.
(c)
Special
off-street parking regulations.
(1)
In computing the parking requirements for any building
or development, the total parking requirements shall be
the sum of the specific parking space requirements for
each class of use included in the building or
'
development.
(2)
In the R and OB districts storage of any truck or truck
trailer exceeding one (1) ton for more than twenty-four
(24) hours during any seven-day period shall not be
allowed in the required front yard or side yard area.
'
(3)
Prior to the issuance of any building permit in the R-
5, C, or OB districts, a drawn plan which clearly and
accurately designates parking spaces, access aisles,
driveways, and the relationship to the use to be served
by the off-street parking shall be forwarded to the
planning board for approval. Plan shall be to scale
sufficiently adequate to allow the planning board and
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building inspector to properly assess the accuracy of
the plan. Approval will be based on:
a. Adequate number of spaces;
b. Relation of parking to use;
C. All parking spaces must be usable and accessible
by adequate roadway parking configuration to be
approved by the zoning administrator;
d. Parking stalls shall be ten (10) feet by twenty
(20) feet. Handicap stall shall be twelve (12)
feet by twenty (20), a ratio of 1:25; as shown in
Figure 5.04; and
e. Every commercial parking lot shall have a minimum
of one (1) one hundred seventy -five -watt security
light. The vertical distance from ground level to
the light itself shall be a minimum of thirteen
(13) feet.
(4) In the R zones, no driveway shall be wider than twenty-
four (24) feet in the first twenty (20) feet in any
required front yard or rear yard from the property
line, with the exception of circle drives that have two
(2) single driveways not over twenty-four (24) feet
combined, and a maximum of a twelve -foot wide circle
that connects the two (2) as a circle drive.
(5) Location of parking spaces as required above shall be
on the same parcel with the main building and be no
more than two hundred (200) feet therefrom.
(6) Parking in C districts shall not be permitted at any
space other than designated for parking spaces. Each
owner or lessee shall be responsible for compliance by
their respective employees and visitors, guests or
customers.
a. Visitor, guest or customer drop-off zones and
parking shall be provided near visitor or customer
entrances into buildings and shall be separated
from all -day employee parking;
b. Parking will not be permitted on any street;
C. All parking spaces must be designated properly by
painted lines or other approved methods;
d. Minimum aisle dimensions are illustrated in Figure
5.05;
e. No parking shall be permitted over septic tank

Isystems.
(Ord. of
9-19-84, § 5.10; Ord. of 4-17-90(3); Ord. of 4-17-90(4);
'
Ord. of
6-19-90(3); Ord. of 6-19-90(1); Ord. of 6-19-90(1); Ord.
of 8-26-91;
Amend. of 10-20-92(1))
'
Cross
references) --Parking, § 6-46 et seq.
Sec. 9-141.
Driveway approaches.
'
(a)
Residential driveway approach requirements.
'
(1)
A permit is required through the building inspector's
office prior to construction of a driveway approach or
reconstruction.
'
(2)
The permit fee shall be five dollars ($5.00).
(3)
Inspection shall be performed by the public works
'
department before construction.
(4)
Expansion joints shall be required to be placed a
minimum of three and one-half (3 1/2) feet from each
side of the center line of the public water line when a
driveway of impervious surface is placed over these
lines. These joints must be placed in, not cut. A
'
representative from the water department will locate
these lines before construction begins.
' (5) The minimum width at right-of-way line shall be ten
(10) feet.
' (6) The maximum width at the right-of-way line shall be
twenty-four (24) feet unless otherwise directed by the
public works department.
' (7) All driveways shall meet state and local highway
specifications unless otherwise directed by the public
works department.
' (8) The approach apron and radius or flared sections shall
maintain the same grade slope as the roadway and
shoulder has at the driveway entrance.
(9) The entrance grade shall be continued for a distance of
six (6) feet from the edge of pavement or other
improved roadway surfaces, unless otherwise directed by
the public works department.
' (10) No driveway material (gravel, marl, clay, pinestraw,
etc.) shall be installed in a manner that the finished
surface shall wash or collect on town or state
maintained roads or streets.
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(11) No driveway or material shall be installed in such a
' manner that by erosion or water run-off will block or
restrict the proper drainage of the streets or
shoulders.
(12)
No driveway or material shall be installed in such a
manner as to adversely affect adjoining property
owners.
'
(13)
All paved driveways shall be asphalt or concrete with
an expansion joint parallel with the property line.
'
(14)
All paved driveways shall have a minimum base of three
(3) inches sand, clay or equal four (4) inches of ABC
stone (crusher run), and one (1) inch of I-2 asphalt,
unless otherwise directed by the public works
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department.
(b)
Commercial and office and business districts driveway
'
entrances.
(1)
All driveways shall meet state and town specifications,
as described in the R districts of this article. -
(2)
Any curbing shall be approved by the state or town
whichever is applicable.
(3)
Entrances and exits from and to commercial property
'
onto town or state maintained roads or streets shall be
approved by the appropriate agency.
(4)
Channelization islands, where required, shall be
'
installed by the state or property owner.
(c)
Maintenance and repair of residential, commercial office
'
and business districts driveways.
(1)
The owner shall be responsible for maintaining
_
channelization islands.
■ (2) Driveways on the town or state rights -of -way shall be
maintained by the property owner.
' (3) If it is determined by the public works department that
a driveway adversely affects the adjoining roadway or
' property owners, the owner shall be responsible for
necessary changes.
(Ord. of 9-19-84, § 5.11; Amend. of 10-20-92(1))
Sec. 9-142. Visibility at intersections.
' On a corner lot in all zoning districts nothing shall be

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erected, placed, planted or allowed to grow in such a manner as
materially to impede vision between a height of two and one-half
' (2 1/2) feet and ten (10) feet in a triangular area formed by a
diagonal line between two (2) points on the right-of-way lines,
twenty (20) feet from where they intersect. (See Figure 5.03)
(Ord. of 9-19-84, § 5.12)
Sec. 9-143. Buffers.
' After September 19, 1984, the establishment of all uses in C
districts which have a common boundary with residential property
or an R district shall have a continuous visual buffer of a
minimum of six (6) feet in height. The buffer shall be a compact
evergreen hedge or other type of evergreen foliage screening, or
shall be a combined fence and shrubbery screen, the latter facing
the residential use.
(Ord. of 9-19-84, § 5.13)
Sec. 9-144. Outdoor lighting.
' Outdoor lighting shall be so located as not to reflect on
adjacent property, or on public streets, in such manner as to
adversely effect the enjoyment of adjacent property, or endanger
the motorist traversing such public streets.
(Ord. of 9-19-84, § 5.14)
Sec. 9-145. Front yard setback averaging.
Wherever twenty-five (25) percent of the existing dwellings,
' within the same block, encroaches into the front yard setback
requirement of the district, new dwellings to be constructed on
the vacant lots shall be required to be set back no less than the
average distance between the setback of the existing dwelling and
' the setback line required in the district. No front yard average
shall be less than ten (10) feet due to utility easements. (See
Figure 5.02)
' (Ord. of 9-19-84, § 5.15)
Sec. 9-146. Enforcement of, corps of engineers' existing easement
on the Atlantic Intracoastal Waterway (AIW).
The town, through its building inspector and local CAMA
' permitting officer, will enforce the existing corps of engineers'
easement on the Atlantic Intracoastal Waterway which prohibits
construction of any structures on or extending over the corps'
easement. Construction on the easement can and will be permitted
only through written consent from the United States Army Corps of
Engineers.
(Ord. of 9-19-84, § 5.16)

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Sec. 9-147. Service stations.
' (a) Corner lots. Driveways on corner lots shall be located
no closer than thirty (30) feet from the point of intersection of
the rights -of -way of two (2) streets.
' (b) Parking. Parking of motor vehicles, trailers, campers or
boats for a storage fee, except for repairs and estimates is
prohibited.
(c) Access points. Minimum distance between accesses shall
' be one hundred (100) feet except for service stations which are
approved conditional uses where only two (2) accesses are allowed
per lot with one (1) frontage; a third access shall be allowed
for the other street frontage on corner lots.
' (d) Setbacks. Service station pump setbacks from front
property line shall be fifty (50) feet. Pavement setbacks,
i exclusive of driveways, from front property lines shall be thirty
(30) feet.
(Ord. of 9-19-84, § 5.17)
Sec. 9-148. Regulation of docks within town limits.
The
construction of docks within the town limits shall be
'
governed
by the following regulations:
'
(1)
Size of dock shall be limited to twenty (20) feet on a
fifty -foot wide lot and thirty (30) feet on a sixty -
foot wide lot in width running parallel with the run of
water. A maximum three-foot cat walk for servicing boat
lifts adjacent to docks shall not be included in this
measurement when location is across the front of the
boat lift and down the outside of the boat lift area.
'
(See illustration following this section]
(2)
Construction of docks shall be limited to one (1) dock
per lot.
(3)
Individual docks shall not be interconnected one with
the other.
'
(4)
All docks shall be maintained by the owner of the dock.
(5)
A building permit must be obtained from the building
inspector of the town, which permit application shall
include a diagram of the proposed dock showing sizes
and manner of construction.
'
(6)
Any owner must comply with the applicable rules and
regulations of the state coastal resources commission
'
and United States Army Corps of Engineers.
1

'T'' HEAD
PILING
BOAT
LIFT
AREA
3'CATWALK
3' CATWALK
(Ord. of 9-19-84, § 5.18; Ord. of 4-16-91(1); Amend. of 10-20-
92(2))
LONG BEACH CODE
CODE PORTION ENDS
CODE PORTION BEGINS
PLANNING AND DEVELOPMENT
(Contains Supplement Pages between 566 and 571)
Supp. No. 21
Sec. 9-149. Keeping livestock.
' No person shall keep or maintain any fowl, cow, horse, pony,
mule, sheep, goat, livestock or exotic animals on any lot or
within any pen, stable or other enclosure or building within the
' corporate limits of the town.
(Ord. of 1-16-85(1))
Cross reference(s)--Animals, § 7-21 et seq.
Sec. 9-150. Signs.
No sign may be erected, moved, enlarged or substantially
altered except in accordance with the following requirements and
standards:
(1) Business signs. A business use sign shall be permitted

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on the premises of the business in districts in which
the use is permitted subject to the following
limitations:
a. If suspended from a wood or metal canopy, the sign
must be at least eight (8) feet above the sidewalk
level and not be larger than six (6) square feet
in area.
b. Projection signs will be allowed as long as they
project no more than three (3) feet from a flat
surface of the building, have a maximum square
footage of fifteen (15) feet, there is eight (8)
feet to the bottom of the sign from the ground,
and they do not project over the right-of-way.
C. Wall signs shall not project more than one (1)
foot from any building wall or canopy.
d. No wall sign shall extend above parapet walls or
above roof lines of buildings without parapet
walls. No wall sign shall extend above the lower
eave line of a building with a pitched roof,
except if the roof is a mansard -type roof, in
which case the sign may be attached flat against
but not extend above said roof.
e. Wall signs shall have a total sign surface area in
square feet no greater than two (2) times the
linear frontage in feet of the wall of the
building to which the sign is attached. Display
lighting shall be shielded so as to prevent a
direct view of the light source from a residence
in a residential district.
f. No building shall have more than one (1)
freestanding sign except buildings having frontage
on more than one (1) public street. In this case
not more than two (2) freestanding signs shall be
permitted. A freestanding wood sign shall in no
case exceed a height of twenty-four (24) feet or
sixty-four (64) square feet in area. However,
signs constructed of noncombustible materials may
exceed a height of twenty-four (24) feet, but in
no case exceed a height of thirty-five (35) feet,
when approved by a registered engineer.
g. Each shopping center may provide not more than one
(1) freestanding sign that displays the name of
the shopping center and the tenant businesses.
Such signs shall not exceed a sign surface area of
sixty-four (64) square feet relating to the
shopping center plus ten (10) square feet relating
to each individual tenant business within the

shopping center.
h. Signs required by federal or state regulations,
such as gasoline price signs are allowed in those
districts where required. Such signs shall be the
minimum size required and shall adhere to the
' provisions of subsections (4)a, b and c (5)b and
of this section.
i. Subdivision identification signs erected on
private property shall be limited to a maximum of
one (1) sign per dedicated street entrance and a
maximum total display area of twenty-four (24)
square feet, except in the ETJ area located in St.
James Plantation, where the sign or signs at each
subdivision entrance may have a maximum total
display area of two hundred fifty (250) square
feet. The owner of the property on which the sign
is located shall be responsible for all
maintenance. (Subdivision identification signs are
not exempt from the sign permit requirement).
(2) Signs permitted in all districts. The following signs
shall be permitted in all zoning districts:
a. Directional and information signs erected and
maintained by public agencies and governmental
'
bodies. (Directional and information signs are
exempt from the sign permit requirements.)
b. Temporary real estate signs not to exceed twenty-
five (25) inches by thirty-two (32) inches in size
displayed on the property proposed for sale or
lease and located on private property behind
property line, except on wooded, uncleared lots
where such placement would not allow the sign to
be seen. on only such wooded, uncleared lots,
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temporary real estate signs may be placed
perpendicular to the street as near to the line of
'
the wooded, uncleared area as possible. Such signs
may be indirectly illuminated in nonresidential
districts. (Temporary real estate signs are exempt
from the sign permit requirements.) Number of
temporary real estate signs allowed is limited to
'
two (2) per lot.
C. Bulletin boards. Churches, schools, community
centers and other public and institutional uses
may erect one (1) sign or bulletin board not
'
exceeding twenty (20) square feet in area for the
purpose of displaying the name of the institution
and related information. Such signs shall be used
as wall signs or shall be located a minimum of ten

(10) feet from the street lot line. Where side
yards are required, no such sign shall be
permitted in the required side yards. Such signs
may be indirectly illuminated. (Such signs or
bulletin boards not exceeding fifteen (15) square
feet in display area are exempt from the sign
permit requirements.)
d.
Temporary construction signs which denote the
architect, engineer, contractor or builder of the
project or which describe the name and proposed
use of the project may be placed on the site until
construction is completed. (Temporary construction
signs are exempt from the permit requirements.)
e.
Identification signs not to exceed six (6) square
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feet in display area bearing only addresses or
names of occupants of the premises or name of
dwelling and located on privately owned property.
(Identification signs are exempt from the sign
permit requirements.)
f.
Memorial plaques, cornerstones, historical tablets
and similar signs. (Memorial plaques,
cornerstones, historical tablets and similar signs
are exempt from the sign permit requirements.)
'
g.
Instructional signs erected on private property,
not to exceed six (6) square feet in display area,
erected strictly for the direction, safety or
convenience of the public, including signs which
identify restrooms, parking area entrances or
exits, and no trespassing signs or similar devices
warning of danger. (Instructional signs are exempt
from the sign permit requirements.)
h. Temporary political signs erected on private or
public property during periods of national, state,
and local elections, provided that they be removed
' within ten (10) days after the election.
(Temporary political signs are exempt from the
sign permit requirements.)
' i. Temporary auction signs no greater than twenty-
five (25) inches by thirty-two (32) inches may be
placed on private property with written permission
from the owner. The signs may be placed five (5)
days before an auction and must be removed
immediately after said auction. This written
i permission must be presented to the inspections
department to obtain a sign permit at a cost of
five dollars ($5.00).
(3) Lighting.

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a. Display lighting of signs shall be shielded so as
to prevent the direction of such light into any
structure used primarily for residential purposes.
Floodlights for signs must be aimed so that the
beam is directed away from oncoming vehicular
traffic on any road, street or alley.
b. No rotating, revolving or intermittent lighting
devices shall be attached to or made a part of any
sign.
(4) Prohibited signs.
a. Signs constituting traffic hazard. No sign or
advertising structure shall be erected or
maintained within a ten -foot distance from the
right-of-way unless it maintains a minimum
clearance of eight (8) feet to the bottom of the
sign from the average elevation of the front
footage of the property line.
b. Signs erected on or over public streets. No sign
shall be erected or maintained within any public
street right-of-way nor be allowed to extend over
or into any public area, except for wall signs on
a building built to the right-of-way line and
special event banners. Such wall signs must be
erected flush against the building, extend no more
than ten (10) inches from the building, and no
lower than eight (8) feet above the ground level.
Banners shall be a maximum three (3) feet in
height and twenty (20) feet in length, and shall
be removed within five (5) days after the event is
held. However, this subsection shall not apply to
public signs necessary in the performance of a
governmental function or required to be posted by
law and certain real estate signs as provided in
subsection (2)b. of this section.
C. Signs obstructing ingress or egress of building.
No sign shall be erected or maintained that
obstructs ingress and/or egress to or from any
window, door, fire escape, stairway, ladder or
opening intended to provide light, air, ingress or
egress to or from any room or building as required
by law.
d. Signs on private property; consent required. No
sign may be erected by any person on private
property of another person without first obtaining
the written consent of such owner.
e. Portable signs. Any sign not permanently affixed

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to the ground or to a building, including any sign
attached to or displayed on a vehicle that is used
for the expressed purpose of advertising, when
that vehicle is so parked as to attract the
attention of the motoring or pedestrian.
Billboards/outdoor advertising signs. Any sign,
including a standard poster panel, either
freestanding or attached to a structure, which
directs attention to a business, commodity,
service, entertainment or other activity
conducted, sold or offered elsewhere than on the
premises on which said sign is located. However,
an activities permit may be obtained from the
administrative official for advertising events
sponsored by governmental or nonprofit
organizations. Advertisements for such events may
be displayed three (3) weeks before the event and
must be removed within two (2) weeks after the
event.
(5) General provisions.
a. Permits. No person shall construct, relocate,
erect, alter or otherwise maintain any sign
(except as provided in subsections (2)a through h
of this section) without first obtaining a permit
from the administrative official.
b. Construction and maintenance standards. All signs
are to be constructed and maintained in accordance
with the standards of section 23 of the North
Carolina State Building Code, Volume I.
C. Definitions of terms. All terms and definitions
not defined in this chapter are to be defined in
accordance with definitions set out in section 23
of the North Carolina State Building Code, Volume
I.
d. Display of permit number. A sign permit number is
to be permanently installed on each sign requiring
a permit.
Sign area computation. The surface area of signs
is computed by measuring the smallest square,
rectangle, triangle, circle or combination thereof
which will encompass the entire advertising copy
area (excluding architectural trim and structural
embellishments). In computing the area, only one
(1) side of a double -face sign structure shall be
considered. The surface area of signs with three
(3) or more sides is measured as the sum of the
areas of any two (2) adjacent sides.
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f. 1. Illegal signs. If the administrative official
shall find any sign to be illegal, he shall give
written notice of such condition to the owner.
Within seven (7) days after receiving the notice,
the owner shall take such action as needed to
eliminate the violation. If the owner of the sign
fails to correct the problem within the above
specified time, the administrative official (at
the owner's expense) may order whatever actions
are necessary to eliminate the sign.
2. Unsafe signs. If the administrative official
shall find any sign to be unsafe or a menace to
the public, the official may take whatever means
necessary to prevent any harm that may occur to
the public which would be caused by the violation.
Within thirty (30) days after the termination of business at
particular locations, the owner of the sign shall remove or
eliminate all signs related to the terminated or relocated
business. If the owner of the sign fails to remove the sign
within the above specified time, the administrative official (At
the expense of the owner of the sign or the owner of the
building) may order whatever actions are necessary to eliminate
the sign.
g. Removal of portable signs. All portable signs
erected or located prior to the adoption of this
section shall be removed, changed, or altered to
conform to the provisions of this section six (6)
months following the adoption of same.
h. Nonconforming signs. Any sign requiring a permit
in use at the time of adoption of this section
which does not comply with the provisions of this
section shall be deemed to be nonconforming. When
any nonconforming sign or part thereof is replaced
or changed structurally, or by ownership, or use,
' the entire sign must immediately comply with the
provisions of this section.
(Ord, of 2-20-85(3); Ord. of 9-16-86(1); Ord. of 9-16-86(2); Ord.
of 6-20-89; Ord. of 1-16-90; Ord. of 4-16-91(1); Ord. of 1-19-93;
Ord. of 11-16-93; Ord. of 9-20-94)
LSec. 9-151. Tents and recreational vehicles outside campgrounds.
No tent, shack or temporary structure (i.e Construction
storage facilities) shall be located on any lot and no
recreational vehicle may be used as a residence on any lot except
when in conjunction with construction on the lot, and then only
by a nonrenewable permit to be granted by the town for a period
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Mnot to exceed ninety (90) days. Sanitary facilities (i.e. Port -A -
John) approved by the County Health Department shall be required
before a permit can be issued.
(Ord. of 2-20-85(2))
Sec. 9-152. Swimming pools.
All public, commercial, or private outdoor swimming pools of
three (3) feet or more in depth, either above ground or below
ground, and of either permanent or temporary construction, shall
meet the following requirements in addition to setbacks and other
requirements specified elsewhere:
(1) The setback for a swimming pool from any lot line shall
equal the required setback for accessory structures in
the district in which it is located, plus one (1) foot
for each foot over five (5) feet of pool depth.
(2)
A fence (being an enclosing structure of rails,
pickets, wires or the like) shall be erected to a
minimum height of four (4) feet and a maximum height of
six (6) feet, to completely enclose all sides of the
pool not bounded by a building. A gate of equal height
shall be installed and securely fastened when the pool
is not in use. The fencing requirement shall not apply
when the swimming pool is an accessory use on a parcel
five (5) acres or larger in size and pool is located no
closer than one hundred (100) feet from any property
line.
(3)
Fencing surrounding swimming pools shall be designed so
as to minimize the possibility of unauthorized or
unwary persons from entering the pool area. In the case
of a semi -open (such as chainlink) fence, the open
space between each section of fencing material shall be
no larger than sixteen (16) square inches. The fence or
wall may be constructed of wood, masonry or similar
materials or by a chainlink or similar fencing with
natural screening, provided that it complies with the
requirements of the location of accessory buildings in
the district in which it is located. This section shall
also apply to day care centers having swimming pools
with a depth of eighteen (18) inches or more.
(4)
All mechanical equipment shall be located a minimum of
five (5) feet from any property line.
(5)
All floodlights shall be shielded from adjacent
properties to reduce offensive glare.
(6)
All electrical wiring shall be in conformance with the
National Electrical Code.
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L(Ord. of 4-18-89)
Editor's note --An ordinance adopted Apr. 18, 1989, amended
Ch. 9 by adding new provisions, but did not specify manner of
inclusion. Designation of the provisions as § 9-152 was at the
discretion of the editor.
Sec. 9-153. Fences.
Any fence built on residential property shall be a maximum
of six (6) feet high at the highest corner of the property on the
rear and side yards and a maximum of four (4) feet high in the
front yard. Such fence shall provide gating for accessing
property. In commercial districts, solid wood fences shall be a
maximum of six (6) feet or ten (10) feet for a metal chainlink
fence. A zoning permit of fifteen (15) dollars shall be required
prior to the erection for both a commercial and residential
fence.
(Ord. of 4-16-91(1))
iSec. 9-154. Regulation of bulkheads on town street -ends.
(a) Vertical bulkheads shall be the only approved method of
erosion control on any public rights -of -way abutting water.
(b) Bulkheads shall be constructed of 2.5 salt -treated
lumber or other approved material. Riprap material of any kind
shall not be considered approved material.
(c) Plans for bulkhead construction shall be approved by
building inspections and public works. Final construction
approval shall be considered by the town manager.
(d) The Town of Long Beach shall pay for the total cost of
bulkheads on unimproved street -ends on an "as needed" basis, but
only when funds are available. All others are to be paid by
adjacent property owners.
(e) The total cost shall include but not be limited to
bulkhead, wing walls, deadmen, tie backs, backfill, grading,
seeding, access steps and decking.
(Ord. of 7-20-93(2); Ord. of 5-17-94(1))
y Seca. 9-155. Family Care Home.
j Any Family Care Home established in the appropriate district
shall provide care for not more than six (6) resident handicapped
persons.
Seca. 9-156-9-165. Reserved.
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DIVISION 6. NONCONFORMING USES AND BUILDINGS*
----------
*Cross reference(s)--Nonconforming signs, § 9-150.
----------
Sec. 9-166. Purpose.
' The purpose of this division is to provide standards for
those uses and buildings which do not conform to the provisions
of this article. Existing nonconforming uses and buildings shall
be allowed to continue under this division; however, their
expansion will not be encouraged.
(Ord. of 9-19-84, § 6.01)
Sec. 9-167. Repair and maintenance.
' (a) Repairs and structural alterations may be made to a
nonconforming building or to a building housing a nonconforming
use. Any structural alteration that would reduce the degree of
nonconformity, or change the use to a conforming use, is
permitted.
* (b) Any building containing a nonconforming use, or any
nonconforming building or portion thereof, declared unsafe by the
building inspector, may be strengthened or restored to a safe
condition. Nothing in this division shall be construed to allow
the expansion of a nonconforming use or buildings. Nonconforming
uses and buildings shall not be enlarged or extended.
(Ord. of 9-19-84, 9 6.02)
Sec. 9-168. Alteration where parking insufficient.
A building or structure lacking sufficient automobile
parking space as required by this article may be enlarged
provided additional parking space is provided to meet the total
parking requirements of this article for the use.
(Ord. of 9-19-84, § 6.03)
Sec. 9-169. Restoration.
(a) A nonconforming building or a building containing a
nonconforming use which has been damaged by fire, flood, wind or
other calamity may be restored to its original condition,
provided that such work is started within six (6) months of such
damage. The board of adjustment may grant an extension of this
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Isix-month time period.
(b) A nonconforming building or use that is
moved or torn
down by the owner cannot be replaced.
(Ord. of 9-19-84, § 6.04)
Sec. 9-170. Change of use.
A nonconforming use or building may be changed to a
conforming use or building. When such a change is made, the use
cannot then be changed back to a nonconforming use.
(Ord. of 9-19-84, § 6.05)
Sec. 9-171. Expansion.
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nonconforming use shall not be used as a justification
for
adding other buildings or uses prohibited in the
same district,
with the exception of detached storage buildings,
garages, or
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carports, as long as they conform to the setback
requirements of
those districts.
(Ord. of 9-19-84, § 6.06; Ord. of 6-18-91)
Sec. 9-172. Nonconforming lots in combination.
If two (2) or more lots or a combination of
lots and
portions of lots with continuous frontage are in
single ownership
and if all or part of the lots with no buildings
do not meet the
requirements established for lot width and area,
the land
involved shall be considered to be an individual
parcel for the
purposes of this article.
Secs. 9-173--9-184. Reserved.
DIVISION 7. ENFORCEMENT, ADMINISTRATION AND AMENDMENT
Sec. 9-185. Definition.
As used in this division, the word "board" shall mean the
board of adjustment of the town, except where the context clearly
indicates a different meaning.
Sec. 9-186. Reserved.
Editor's note --An amendment
of Oct.
20, 1992(1), renumbered
§§ 9-186--9-192 as §§ 3-71--3-77.
Former
§§ 9-186--9-192
pertained to the power and duties
building permits and certificates
of the
of occupancy
building inspector,
and derived from
§§ 7.1.01--7.1.06, 7.1.08 of an ordinance
adopted Sept. 19, 1984.
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ISec. 9-187. Reserved.
Note --See the editor's note at § 9-186.
Sec. 9-188. Reserved.
Note --See the editor's note at § 9-186.
Sec. 9-189. Reserved.
Note --See the editor's note at § 9-186.
Sec. 9-190. Reserved.
Note --See the editor's note at § 9-186.
Sec. 9-191. Reserved.
Note --See the editor's note at § 9-186.
1 Sec. 9-192. Reserved.
Note --See the editor's note at § 9-186.
Sec. 9-193. Board of adjustment.
(a) Membership. There shall be a board of adjustment
consisting of seven (7) members and two (2) alternates. Five (5)
members and two (2) alternates, appointed by the Long Beach Town
Council, shall reside within the town. Two (2) members, appointed
by the Brunswick County Board of Commissioners, shall reside
within the town's extraterritorial planning area. If, despite
good faith efforts, residents of the extraterritorial planning
area cannot be found to fill the seats reserved for residents of
such area, then the Brunswick County Board of Commissioners may
appoint other residents of the county (including residents of the
Town of Long Beach) to fill these seats. If the Brunswick County
Board of Commissioners fails to make these appointments within
ninety (90) days after receiving a resolution from the Long Beach
I Town Council requesting that they be made, the town council may
make them.
(b) Appointment and removal. Board of adjustment members and
alternates shall be appointed for three-year staggered terms, but
members may continue to serve until their successors have been
appointed. The terms of all seats on the board of adjustment on
the effective date of this subsection (whether filled or vacant)
shall expire on August 31, 1992. Effective September 1, 1992, two
(2) in -town residents and one (1) extraterritorial area resident
shall be appointed for three-year terms, two (2) in -town
residents and one (1) extraterritorial area resident shall be
appointed for initial two-year terms, and one (1) in -town
resident shall be initially appointed for a one-year term. Also
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effective September 1, 1992, one (1) in -town resident shall be
appointed to an initial one-year term as an alternate and one (1)
in -town resident shall be appointed to an initial two-year term
as an alternate. Vacancies may be filled for unexpired terms
only. Members may be reappointed to successive terms without
limitation. Any member may be removed for cause by the town
council upon written charges after a public hearing.
(Ord. of 9-19-84, §§ 7.2.01--7.2.04; Ord. of 1-16-90; Ord. of 5-
20-91; Ord. of 9-15-92(2))
Cross reference(s)--Administration, Ch. 2; variances from
flood damage prevention requirements, § 9-340.
State law reference(s)--Meetings of public bodies, G.S. §
143-318.9 et seq.
Sec. 9-194. Appeals, hearing and notice.
Appeals to the board of adjustment may be taken by any
person aggrieved or by any officer, department, board or bureau
affected by such decision. Such appeal shall be taken within a
reasonable time as provided by the rules of the board by filing
with the officer from whom the appeal is taken and with the board
a notice of appeal specifying the grounds therefor. The officer
from whom the appeal is taken shall forthwith transmit to the
board all papers constituting the record upon which the action
appealed was taken. The Board shall fix a reasonable time for
hearing appeals or other matters referred to it and give due
notice thereof to the parties in interest and decide the same
within a reasonable time. Upon a hearing, any party may appear
in person or by agent or by attorney.
LONG BEACH CODE
CODE PORTION ENDS
CODE PORTION BEGINS
PLANNING AND DEVELOPMENT
(Contains Suplement Pages between 577 and 579
Supp. No. 14
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ARTICLE IV. Subdivision regulations*
DIVISION 1. GENERALLY
Section 9-216. Title.
This article shall be known and may be cited as the
"subdivision regulations for Long Beach, North Carolina" and may
be referred to as the "subdivision regulations".
§ 9-217 Definitions.
For the purpose of this article, certain words or terms used
herein shall be defined as follows:
Alley. A minor right-of-way privately or publicly owned,
primarily for service access to the back or side of properties.
Building setback line. A line parallel to the front
property line in front of which no structure shall be erected.
Dedication. A gift by the owner or the right to use of land
for specified purpose(s). Because a transfer of property rights
is entailed, dedication must be made by written instrument.
Acceptance of dedication is completed by submittal of a deed to
the Town or by approval of the plat pursuant to G.S. 160A-374.
Double lot frontage. A continuous (through) lot which is
accessible from both of the streets upon which it fronts.
Easement. A grant by the property owner of a strip of land
for a specified purpose and use by the public, a corporation or
persons.
Homeowner's Association. A formally constituted non-profit
association or corporation made up of the property owners and/or
residents of a fixed area; may take permanent responsibility for
costs and upkeep of community facilities.
Lot. A portion of a subdivision, or any other parcel of
land, intended as a unit for transfer of ownership, for
development or both.
Right-of-way. A strip of land occupied or intended to be
occupied by a street, crosswalk, railroad, electric transmission
line, oil or gas pipeline, watermain, sanitary or storm sewer
main, shade tree or other special use.
Official maps or plans. Any maps or plans officially adopted
by the board of commissioners as a guide to the development of
the town.
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open space. An area (land and/or water) generally lacking in
manmade structures and reserved for enjoyment in its unaltered
state.
Planned unit development (PUD). The planned unit development
is a permitted use designed to provide for developments
incorporating a single type or a variety of residential and
related uses which are planned and developed as a unit. Such
development may consist of individual lots or common building
sites. Common land must be an element of the plan related to
effecting the long-term value of the entire development.
Plat. A map or plan of a parcel of land which is to be or
which has been subdivided.
Private driveway. A roadway serving two (2) or fewer lots,
building sites or other divisions of land and is not intended to
be a public ingress or egress.
Public sewage disposal system. A system serving two (2) or
more dwelling units and approved by the county division of the
district health department and the state department of water
resources.
Public water supply. Any water supply furnishing potable
water to fifteen (15) or more residences or businesses, or a
combination of residences or businesses. Approval by the sanitary
engineering division, state commission for health services, state
department of human resources are required.
Recreation area or park. An area of land or a combination of
land and water resources that is developed for active and/or
passive recreation pursuits with various manmade features that
accommodate such activities.
Reservation. A reservation of land which does not involve
any transfer of property rights. It simply constitutes an
obligation to keep property free from development for a stated
period of time.
Shall and will are mandatory.
Single -tier lot. A lot which backs upon a limited -access
highway, a physical barrier or another type of land use and to
which access from the rear is usually prohibited.
Site Plan. A plan, prepared to scale, showing accurately
and complete dimensioning, the boundaries of a site and location
of all buildings, structures, uses and principal site development
features proposed for a specific parcel of land.
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Street. A dedicated and accepted public right-of-way for
vehicular
traffic. The following classifications shall apply:
(1)
Major thoroughfares. Major streets that provide for the
expeditious movement of volumes of traffic within and
through urban areas.
(2)
Minor thoroughfares. Important streets in the town
system which perform the function of collecting traffic
from local -access streets and carrying it to the major
thoroughfare system. Minor thoroughfares may be used to
supplement the major thoroughfares system by
facilitating a minor through -traffic movement and may
also serve abutting property.
(3)
Local street. Any link which is not a higher -order
urban system and which serves primarily to provide
direct access to abutting land and access to higher
systems. It offers the lowest level of mobility and
through traffic is usually deliberately discouraged.
(4)
Specific types of streets.
a. Cul-de-sac. A short street having but one (1) end
open to traffic and the other end being
permanently terminated and a vehicular turnaround
provided.
b. Frontage road. A local street or road that is
parallel to a full or partial access controlled
facility and which functions to provide access to
adjacent land.
C. Alley. A strip of land, owned publicly or
privately, set aside primarily for vehicular
service access to the back or side of properties
otherwise abutting on a street.
d. Principal arterial. A rural link in a network of
continuous routes serving corridor movements
having trip length and travel density
characteristics indicative of substantial
statewide or interstate travel and existing
solely to serve traffic.
e. Minor arterial. A rural link in a network joining
cities and larger towns and providing interstate
and intercounty service at relatively high
overall travel speeds with minimum interference
to through movement.
f. Major collector. A road which serves major
intracounty travel corridors and traffic
generators and provides access to the arterial.
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g. Minor collector. A road which provides service to
small local communities and links locally
important traffic generators with their rural
hinterland.
h. Local road. A local road serves primarily to
provide access to adjacent land for travel over
relatively short distances.
Subdivider. Any person who subdivides or develops any land
deemed to be a subdivision as defined in this section.
Subdivision. All divisions of a tract or parcel of land into
two (2) or more lots, building sites or other divisions for the
purpose of sale, or a building development (whether immediate or
future), including all divisions of land involving the dedication
of a new street or a change in existing streets. However, the
following shall not be included within this definition nor be
subject to the regulations established herein:
(1) The combination or recombination of portions of
previously subdivided and recorded lots where the total
number of lots is not increased and the resultant lots
are equal to or exceed the standards of the town, as
shown in this article;
1 (2) The division of land into parcels greater than ten (10)
acres where no street right -of way dedication is
involved;
(3) The public acquisition by purchase of strips of land
for the widening or opening of streets; and
(4) The division of a tract in single ownership whose
entire area is no greater than two (2) acres into not
more than three (3) lots, where no street right-of-way
dedication is involved and where the resultant lots are
equal to or exceed the standards of the town, as shown
in this article.
(5) However, all subdivisions must be reviewed by the
planning board before recording.
(Ord. of 12-19-74(2), Art. V, §§ 1--3; Amend. of 10-20-92(1))
State law reference(s)--"Subdivision'' defined, G.S. §
160A-376.
iSec. 9-218. Violations.
After December 19, 1974, any person who, being the owner or
agent of the owner of any land located within the territorial
jurisdiction of this article, thereafter subdivides his land in

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violation of this article or transfers or sells land by reference
to, exhibition of or any other use of a plat showing a
subdivision of the land before the plat has been properly
approved under the terms of this article and recorded in the
office of the county register of deeds, shall be guilty of a
misdemeanor. The description by metes and bounds in the
instrument of transfer or other document used in the process of
selling or transferring land shall not exempt the transaction
from this penalty. The town, through its attorney or other
official designated by the board of commissioners may enjoin
illegal subdivision, transfer or sale of land by action for
injunction. Further, violators of this article shall be subject,
upon conviction, to a fine and/or imprisonment, as provided by
G.S. section 14-4.
(Ord. of 12-19-74(2), Art. IV, § 1)
Section 9-219. Purpose.
The purpose of this article is to establish procedures and
standards for the development and subdivision of the land with
the territorial jurisdiction of the Town, in accordance with the
existing Land Use Plan and Zoning Ordinance. It is further
designed to provide for the orderly growth and development of the
Town; for the coordination of streets and highways within
proposed subdivision with existing or planned streets and
highways and with other public facilities; for the dedication or
reservation of recreation areas serving residents, and for
easements for street and utility purposes; for the distribution
of population and traffic, avoiding congestion and overcrowding.
All the aforementioned will create conditions essential to public
health, safety and general welfare of the citizens of the Town.
This article is designed to further facilitate adequate provision
for water, sewerage, parks schools and playgrounds and to
facilitate the further resubdivision of larger tracts into
smaller parcels of land.
Section 9-220. Authority.
This article is adopted under the authority of G.S. Chapter
160A, Article 19, Part 2.
Section 9-221. Jurisdiction.
The regulations contained in this Article, as provided for
in G.S. Chapter 160A, Article 19 shall govern every subdivision
within the Town and its extraterritorial jurisdiction as directed
in Ordinance No. XXVI.
Section 9-222. No service until final plat approved.
No street shall be maintained by the town, nor any street
dedication accepted for ownership and maintenance, no
construction permits shall be issued, nor shall water, sewer or
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other town facilities or services be extended to or connected
with any subdivision for which a plat is required to be approved
unless and until such final plat has been approved by the Town.
Section 9-223. Compliance with official plans.
(a) Where a proposed subdivision includes any part of a
thoroughfare which has been designated as such upon the
officially adopted thoroughfare plan of the town, such
part of such thoroughfare shall be platted by the
subdivider in the location shown on the plan and at the
width specified in this article.
(b) Similarly, proposed subdivisions must comply in all
respects with the requirements of Article III of this
chapter in effect in the area to be subdivided, as well
as any other officially adopted plans, such as the Town's
Land Use Plan.
Section 9-224. Water Supply systems (Public, Semi -Public).
(a) Water supply systems serving fifteen (150 or more
connections or serving twenty-five (25) or more regular
individuals year-round are classified as public water
supplies by state law, and plans and specifications must
be approved by the Department of Environmental Management
1 and Department of Environmental Health and Natural
Resources.
(b) Water supply systems serving from two (2) to fourteen
(14) connections, inclusive, shall be regulated by the
county board of health, and plans for such should be
approved by the county division of district health
department.
(c) On -site water supplies shall be based on a site
' investigation by the County Health Department. On -site
water supplies shall be located in accordance with the
Environmental Management Commission's "Well Construction
Standards".
(d) Public and semi-public water systems connection shall be
based on plans and specifications approved by the
' appropriate local, state and federal regulatory agencies.
Section 9-225. Public and On -site Wastewater Systems.
(a) Public and on -site wastewater systems shall be based on
plans and specifications approved by the appropriate
local, state and/or federal regulatory agencies.
(b) on -site wastewater systems shall be based on a site
investigation by the county health department, including
tests of absorption capacity of the soil and sub -soil
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investigation, showing that the site is suitable for on -
site wastewater systems.
(c) On -site wastewater disposal systems shall be installed
and maintained in accordance with the State Commission
for Health Services "Rules and Regulations Governing the
Disposal of Sewage from any Residence, Place of Business,
Place of Public Assembly in North Carolina". These rules
are implemented by the local health department.
(d) Plans for community wastewater systems must be approved
by the appropriate local, state and/or federal regulatory
agencies.
Section 9-226. Variances.
The Town Council, after reviewing the recommendation of the
Planning Board, may authorize from these subdivision regulations
when undue hardship may result from strict compliance. No
variance shall be granted unless the Town Council finds:
(a) Where conditions peculiar to the site, strict adherence
to the provisions of this article would cause an
unnecessary hardship and would deprive the applicant of
the reasonable use of their land.
(b) That the variance is necessary for the preservation and
enjoyment of a substantial property right of the
petitioner,
(c) That the circumstances giving rise to the need for the
variance are peculiar to the parcel and are not generally
characteristic of other parcels in the jurisdiction of
this Article.
(d
That the granting of the variance will not be
detrimental to the public health, safety and general
welfare or injurious to other property in the territory
in which said property is situated.
Section 9-227. Registration of plats.
The register of deeds shall not record a plat of a
subdivision of land lying within the jurisdiction of this article
that has not been approved in accordance with the provisions
contained in this article; nor shall the clerk of superior court
order or direct the recording of a plat if the recording would be
in conflict with the provisions or intent of this article.
Section 9-228. Amendments.
(a) The Town council may from time to time amend the terms
of this article, but no amendment shall be effective
unless it shall have been proposed by or shall have been
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submitted to the Planning Board for review and
recommendation. The Planning Board shall have thirty
(30) days within which to submit its report. If the
Planning Board fails to submit a report within the
specified time, it shall be deemed to have approved the
amendment.
(b) No amendment shall be adopted by the Town Council until
a public hearing on the amendment has been held. Notice
of a public hearing on the amendment shall be published
in a newspaper of general circulation in the town of Long
Beach area at least once a week for two successive
calendar weeks prior to the hearing. The initial notice
shall appear not more than twenty-five (25) days, nor
less than fifteen (15) days, prior to the hearing date.
In computing the fifteen (15) day period, the date of
publication is not counted, but the date of the hearing
is.
Section 9-229. Abrogation.
It is not intended that this article repeal, abrogate,
annul, impair or interfere with any existing easements,
covenants, deed restrictions, agreements, rules, regulations or
permits previously adopted or issued pursuant to law. However,
where this article imposes greater restrictions, the provisions
of this article shall govern.
Section 9-230-9-245. Reserved.
DIVISION 2. PROCEDURE FOR REVIEW AND APPROVAL OF
SUBDIVISION PLATS
Section 9-246. General.
No final plat of a subdivision within the jurisdiction of
the Town as established in Section 9-221 shall be recorded by the
county register of deeds until it has been approve by the Town
council as provided in this article. To secure such approval of
a final plat, the subdivider shall generally follow the
procedures established in this section.
' Section 9-247. Sketch Design Plan.
If the land subdivided contains more than ten (10) acres,
the subdivider shall submit a sketch plan prior to submitting a
preliminary plat. Smaller subdivisions may be submitted in a
sketch plan form, if the developer wishes. Sketch plans shall
conform to the following requirements:
(1) Number of copies and graphic media. A minimum of two
(2) copies of a sketch design plan shall be submitted.
' No specific graphic media must be employed.
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(2) Size of plan and scale. No specific size requirements
apply to sketch design plans. It is suggested that the
requirements applicable to preliminary and final plats be
utilized.
(3) Administrative fees. No administrative fees are charged
in connection with the submission of sketch design plans.
(4) Certification required. No certificates must be
provided in connection with the submission of sketch
design plans.
(5) Contents required. The sketch design plan shall depict
or contain the following information:
a. A sketch vicinity map showing the location of the
subdivision in relation to neighboring tracts,
subdivisions, roads and waterways.
b. The boundaries of the tract and the portion of the
tract to be subdivided;
1
c. The total acreage to be subdivided;
d. The existing and proposed uses of the land within
the subdivision and adjoining it;
e. The proposed street and lot layout;
f. The name, address and telephone number of the owner;
g. Streets and lots of adjacent developed or platted
properties;
h. The zoning classification(s) of the tract and of
adjacent properties.
(6) Review procedure. The Planning Board shall review the
'
sketch design plan for general compliance with the
requirements of this article and Article III of this
chapter; the Planning Board shall advise the subdivider
or his authorized agent of the regulations pertaining to
the proposed subdivision and the procedures to be
followed in the preparation and submission of the
preliminary and final plats. This review shall in no way
be construed as constituting an official action of
approval for recording of the subdivision by the Planning
Board or Town Council as required by this article.
(7) Disposition of copies. One (1) copy shall be retained
as a part of the minutes of the Planning Board with the
other copy being returned to the subdivider or his
authorized agent.
(8) Cost of development permit. The cost of the development
permit will be fifteen dollars ($15.00) per lot.
1 (Ord. of 12-19-74(2), Art. VII, § 2; Ord. of 1-21-92)
I

Sec. 9-248. Preliminary plat.
A preliminary plat shall be submitted to the town staff for
preliminary review thirty (30) days before being submitted for
the next regular Planning Board meeting. A preliminary plat shall
be submitted to the Planning Board at least fourteen (14) days
prior to a regular meeting of the Planning Board, for every
subdivision of land which is located within the territorial
jurisdiction established by section 9-221:
(1) Number of copies and graphic media. Ten (10) copies of
the preliminary plat shall be submitted; no specific
graphic media must be employed. Three (3) copies shall
be disposed of as provided under paragraph (7); seven
(7) copies shall be distributed for review as provided
in paragraph (6).
(2) Size of plat and scale. No specific size requirements
apply to preliminary plats. Preliminary plats shall be
prepared at a scale of one (1) inch equals two hundred
(200) feet, or greater.
(3) Administrative fees. No administrative fees shall be
charged in connection with the submission of
preliminary plats.
(4) Certifications required. No certifications must be
provided in connection with the submission of
preliminary plats. (See section 9-273, regarding
approval of utilities.)
(5) Contents required. The preliminary plat shall depict or
contain the following information, and plats not
M illustrating or containing the following data shall be
returned to the subdivider, or his authorized agent,
for completion and resubmission:
a. The proposed name of the subdivision;
b. A sketch vicinity map showing the relationship
between the proposed subdivision and the
surrounding area at a scale of one (1) inch equals
six hundred (600) feet;
C. The boundaries of the tract or portion thereof to
be subdivided, distinctly and accurately
represented, with all bearings and distances
shown;
d. Scale denoted both graphically and numerically;
e. North arrow and declination;
' f. The plans for proposed utility layouts, including
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sanitary sewers, storm sewers, water distribution
lines, natural gas, telephone and electric
service, street lamps and illustrating connections
to existing systems. Plans for water supply and/or
sewage disposal must be accompanied by letters of
preliminary approval by the appropriate county and
state authorities (see section 9-224). Plans must
show line sizes, the location of fire hydrants,
blow -offs, manholes, pumps, force mains and gate
valves, and shall include profiles based upon mean
sea level datum for sanitary sewers and storm
sewers. Where more than one (1) phase of a
subdivision is planned, the utility layout shall
include all other phases of the planned
subdivision.
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g.
Proposed street names;
h.
The zoning classification(s) of the tract to be
subdivided and on adjoining properties;
i.
Proposed location and size of parks, school sites,
or other recreational or open spaces, if any, and
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their future ownership (dedication for public use
to governmental body, for owner to duly
constituted homeowners or community association,
or for tenants remaining in subdivider's
ownership);
j.
Site calculations, including:
1. Acreage in total tract to be subdivided.
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2. Acreage in parks and other nonresidential
use.
3. Total number of parcels created.
4. Linear feet in streets.
k.
Proposed minimum building set -back lines;
•
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The names of owners of adjoining properties and
any adjoining subdivisions of record (or proposed
and under review);
M.
Any proposed riding trails, natural buffers,
pedestrian, bicycle, or other rights -of -way,
utility or other easements, their location, width
and purposes;
in.
Proposed
streets, existing and platted streets on
adjoining properties and in the proposed
subdivision, rights -of -way, pavement widths,

approximate grades, design engineering data for
all corners and curves, and typical street cross
sections. If any street is proposed to intersect
with a state -maintained road, the plat shall be
accompanied by an application for driveway
approval as required by the state department of
transportation, division of highway's manual on
driveway regulations;
o.
Existing and proposed property lines, both on the
tract to be subdivided and on adjoining
properties, buildings or other structures,
watercourses, bridges, culverts, storm drains,
both on the land to be subdivided and on the land
immediately adjoining; corporate limits, township
boundaries, and county lines;
P.
Proposed lot lines, lot and block numbers, and
approximate dimensions;
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q.
Wooded areas, marshes, swamps, rock outcrops,
ponds or lakes, streams or stream beds, and any
other natural features affecting the site;
'
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The preliminary plat shall be accompanied by a
copy of any proposed deed restrictions or similar
covenants (mandatory when private recreation areas
are established);
S.
Date of plat preparation;
t.
The name(s) of the township(s), county, and state
in which the subdivision is located;
U.
The name(s), address(es), and telephone number(s)
of the owner(s), mortgagee(s), registered
surveyor(s), land planner(s), architect(s),
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landscape architect(s), and professional
engineer(s) responsible for the subdivision;
LONG BEACH CODE
CODE PORTION
ENDS
' CODE PORTION BEGINS
I

PLANNING AND DEVELOPMENT
(Contains Suplement Pages between 585 and 589)
Supp. No. 23
9-248
V. Environmental impact statement, pursuant to G.S.
Chapter 113 or 113A, the planning board may
require the subdivider to submit an environmental
impact statement with his preliminary plat if:
1. The development exceeds two (2) acres in
area, and
2. If the board deems it necessary due to the
nature of the land to be subdivided, or
peculiarities in the proposed layout;
W. Any other information considered by either the
subdivider or the planning board to be pertinent
to the review of the preliminary plat; i.e.,
topographic map showing vertical contours every
five (5) feet;
X. In addition to plat, the applicant shall submit to
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the planning board a statement signed by the local
Coastal Area Management Act permit officer stating
that the proposed subdivision site plan conforms
with the policies and procedures of the Coastal
Area Management Act of North Carolina, when part
of the subdivision is within an area of
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environmental concern, as defined by the coastal
resources commission and the Coastal Area
Management Act.
(6) Review procedure. The planning board shall review and
take action on each preliminary plat within thirty (30)
days after first consideration by the planning board.
First consideration shall be at the next regularly
scheduled meeting of the planning board that follows at
least fourteen (14) days after the plat is submitted.
Before taking final action on the plat the planning board
shall refer copies of the plat and any accompanying
material to those public officials and agencies concerned
with new development, including, but not limited to the
town manager, town attorney, the district engineer of the
state board of transportation (four (4) copies), and the
appropriate county soil conservation service office, for
review and recommendation.
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(7) Disposition of copies:
a. If the plat is approved, approval shall be noted
' on at least three (3) copies of the plat by the
planning board secretary. One (1) copy shall be
transmitted to the town clerk, who shall retain it
' for public examination, one (1) copy shall be
returned to the subdivider, and one (1) copy shall
be retained by the planning board.
' b. If the preliminary plat is disapproved, the
planning board shall specify the reasons for such
action in writing. One (1) copy of such reasons
shall be retained by the planning board, one (1)
copy shall be given to the subdivider, and one (1)
copy shall be transmitted to the town clerk. If
the preliminary plat is disapproved, the
subdivider may make the recommended changes and
submit a revised preliminary plat, or he may
appeal the decision to the board of commissioners.
(Ord. of 12-19-74(2), Art. VII, § 3; Ord. of 10-15-50; Amend. of
10-20-92(1))
' State law reference(s)--Coastal Area Management Act of 1974,
G.S. § 113A-100 et seq.
' Sec. 9-249. Final plat.
(a) Improvements installation or guarantees. Upon approval
of the preliminary plat by the planning board, the subdivider may
proceed with the preparation of the final plat, and the
installation or arrangement for required improvements in
' accordance with the approved preliminary plat and the
requirements of this article. Prior to approval of a final plat,
the subdivider shall have installed improvements specified in
this article or guaranteed their installation as provided.
(b) Performance guarantee. In lieu of prior construction of
the improvements required by this article the town may, for the
purpose of approving a final plat, accept a guarantee from the
subdivider that such improvements will be carried out according
to the town's specifications at his expense. Such guarantee may
' be in the form of a surety bond made by a surety company licensed
to do business in this state or by a certified check being drawn
in favor of the town, or cash being deposited with the town, or
letter of credit from a creditable banking facility to extend for
' one (1) year after placement of all utilities. Such guarantee
shall be in an amount of not less than one hundred (100) percent
nor more than one hundred twenty-five (125) percent of the
estimated cost of the construction of the required improvements.
This amount shall be determined by the town manager. Performance
guarantees shall run for a period of one (1) year and may be

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renewed once for a period of one (1) year upon written approval
from the town manager or a letter of credit from a creditable
banking facility to extend for either one (1) year after
placement of all utilities or until a defects guarantee has been
executed.
(c) Defects guarantee. The town council shall require a bond
guaranteeing utility taps, curbs, gutters, street pavement,
sidewalks, drainage facilities, water and sewer lines and any
other improvements against defects for one (1) year. This bond
shall be in the amount determined by the town manager and it
shall be in cash, by surety company authorized to do business in
this state, or a letter of credit from a creditable banking
facility.
(d) Maintenance guarantee. The town manager shall secure
from all subdividers a letter in which the subdivider shall agree
to maintain the backfill and any improvements located thereon and
therein and any ditch which has been dug in connection with the
installation of such improvements. Such letter shall be binding
on the subdivider for a period of one (1) year after the
acceptance of such improvements by the town.
(e) Final plat review contingent upon execution of
guarantees. No final plat will be accepted for review by the
planning board or the board of commissioners unless accompanied
by written notice by the town manager acknowledging compliance
with this article.
(f) The final plat. The final plat shall constitute only
that portion of the preliminary plat which the subdivider
proposes to record and develop at the time; such portion shall
conform to all requirements of this article. Furthermore, no
final plat shall be approved unless and until the subdivider
shall have installed in that area represented on the final plat
all improvements required by this article or he shall have
guaranteed their installation as provided for in subsections (a)
through (e) above.
(g) Plat submitted. The subdivider shall submit the final
plat, so marked, to the chairman of the planning board, or his
designee, not less than fourteen (14) days prior to the planning
board meeting, at which it will be considered for approval.
Further, the plat shall be submitted not more than twelve (12)
months after the date on which the preliminary plat was approved,
otherwise such approval shall be null and void unless a written
extension of this time limit is granted by the planning board on
or before the one-year anniversary of the approval.
(h) Plat prepared. The final plat shall be prepared by a
surveyor licensed and registered to practice in this state. The
final plat shall substantially conform to the preliminary plat as
it was approved. The final plat shall conform to the provisions
of G.S. section 47-30.
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(i) Number of copies and graphic media. Five (5) copies of
the final plat shall be submitted; two (2) of these shall be
drawn in ink on linen or film suitable for reproduction; three
(3) shall be black or blue line paper prints.
(j) Size of plat and scale. Final plats shall be prepared
at a scale of one (1) inch equals two hundred (2000 feet
or greater.
(1) All land plats presented to the register of deeds for
recording in the registry of a county in North Carolina
after September 30, 1991, having an outside marginal
size of either eighteen (18) inches by twenty-four (24)
inches, twenty-one (21) inches by thirty (30) inches,
or twenty-four (24) inches by thirty-six (36) inches,
and having a minimum one -half -inch border on the left
side and a minimum one -half -inch border on the other
sides shall be deemed to meet the size requirements for
recording under this section. Where size of land areas,
or suitable scale to assure legibility require, plats
may be placed on two (2) or more sheets with
appropriate match lines. Counties may specify either:
a. Only eighteen (18) inches by twenty-four (24)
inches;
b. A combination of eighteen (18) inches by twenty-
four (24) inches and twenty-one (21) inches by
thirty (30) inches;
C. A combination of eighteen (18) inches by twenty-
four (24) inches and twenty-four (24) inches by
thirty-six (36) inches; or
d. A combination of all three (3) sizes.
Provided, that all registers of deeds where specific sizes other
than the combination of all three (3) sizes have been specified,
shall be required to submit said size specifications to the North
Carolina Association of Registers of Deeds for inclusion on a
master list of all such counties. The list shall be available in
each registrar of deeds office by October 1, 1991. For purposes
of this section, the terms "plat'' and "map'' are synonymous.
(2) Plats to be reproducible. Each plat presented for
recording shall be a reproducible plat, either original
ink on polyester film (mylar), or a reproduced drawing,
transparent and archival (as defined by the American
National Standards Institute), and submitted in this
form. The recorded plat must be such that the public
may obtain legible copies. A direct or photographic
copy of each recorded plat shall be placed in the plat

' book or plat file maintained for that purpose and
properly indexed for use.
' (k) Administrative fees. Submission of the final plat must
be accompanied by a filing fee of one hundred and fifty dollars
($150.00) or one dollar and fifty cents ($1.50) per lot,
whichever is greater.
(1) Certification required. The following signed certificate
' shall accompany the final plat which is submitted to the planning
board by the subdivider:
(1) Reserved.
(2) Certificate of survey and accuracy. I, certify
that this map was (drawn by me) (drawn under my
supervision) from (an actual survey made by me) (an
actual survey made under my supervision) (deed
description recorded in Book Page
' Book , Page etc.) (Other); that the
error of closure as calculated by latitudes and
departures is 1: ; that the boundaries not
surveyed are shown as broken lines plotted from
information found in Book , Page that
this map was prepared in accordance with G.S. section
74-30 as amended. Witness my hand and seal this
' day of A.D., 19
Registered Surveyor
License or Registration Number
(3) Certificate of approval of the design and installation
of streets, utilities and other required improvements.
I hereby certify that all streets, utilities and other
required improvements have been installed in an
acceptable manner and according to Town specifications
and standards in the Subdivision or that
guarantees of the
installation of the required improvements in an amount and manner
satisfactory to the Town of Long Beach has been received, and
that the filing fee for this plat, in the amount of $ has
been paid.
Date
(Title of Chief Administrator)

' (m) Contents required. The final plat shall depict or
contain
the following information; plats not illustrating or
containing
the following data shall be returned to the subdivider
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or his authorized agent for completion and resubmission:
(1)
The name of the subdivision;
(2)
The exact boundary lines of the tract to be subdivided
fully dimensioned by lengths and bearings, and the
location of intersecting boundary lines of adjoining
lands;
(3)
Scale denoted both graphically and numerically;
(4)
The plans for utility layouts, including sewers, storm
sewers, water distribution lines, natural gas,
telephone and electric service, and illustrating
connections to existing systems or plans for individual
water supply systems and/or sewage disposal systems.
Plans must show line sizes, the location of fire
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hydrants, blow -offs, manholes, pumps, force mains and
gate valves;
(5)
Street names;
(6)
The location, purpose, and dimensions of areas to be
used for purposes other than residential;
(7)
Minimum building setback lines;
(S)
The names of owner of adjoining properties and any
adjoining subdivisions of record (or proposed and under
review);
'
(9)
The location and dimensions of all rights -of -way,
utility or other easements, riding trails, natural
buffers, pedestrian or bicycle paths, and areas to be
'
dedicated to public use with the purse of each stated;
(10) Right-of-way lines, and pavement widths of all streets
and the location and width of all adjacent streets and
easements;
(11) Property lines, buildings or other structures,
watercourses, bridges, culverts, storm drains, both on
the land to be subdivided and on the land immediately
' adjoining, corporate limits, township boundaries, and
county lines;
(12) Sufficient engineering data to determine readily and
reproduce on the ground every straight or curved
boundary line, street line, lot line, right-of-way
line, easement line and setback line, including
' dimensions, bearings, or deflection angles, radii,

central angles, and tangent distances for the
centerline of curved streets and curved property lines
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that are not the boundary of curved streets. All
dimensions shall be measured to the nearest one -tenth
of a foot and all angles to the nearest minute;
(13)
The accurate locations and descriptions of all
monuments, markers and control points;
(14)
The blocks numbered consecutively throughout the entire
subdivision and the lots numbered consecutively
throughout each block, following the town's lot
numbering system;
(15)
The deed restrictions or any other similar covenants
proposed for the subdivision, if any (mandatory when
private recreation areas are established under sections
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9-292 and 9-293;
(16)
The date of the survey and plat preparation;
(17)
North arrow and declination;
'
(18)
All certifications as required by subsection (1) above;
(19)
The name(s) of the township(s), county(s) and state in
which the subdivision is located;
(20)
The name(s), address(es), and telephone number(s) of
the owner(s), mortgagee(s), registered surveyor(s),
land planner(s), architect(s), landscape architect(s),
and professional engineer(s) responsible for the
subdivision and the registration number(s) and seal(s)
of the professional engineer(s) and registered
surveyor(s);
(21)
Any other information considered by either the
subdivider or the planning board to be pertinent to the
review of the final plat.
(n)
Review procedure. Final plats shall be reviewed
according
to the following procedure:
'
(1)
Planning board review:
a. The planning board shall approve or disapprove the
final plat within thirty (30) days of its first
'
consideration.
b. During its review of the final plat, the planning
board may appoint an engineer or surveyor to
confirm the accuracy of the final plat. If
substantial errors are found, in the opinion of
the planning board, the costs shall be charged to

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the subdivider and the plat shall not be approved
until such errors have been corrected.
C. If the planning board approves the final plat,
such approval shall be indicated on each copy of
the plat by the following signed certificate:
Certification of Anproval by the Planning Board
The Long Beach Planning Board hereby approves the final plat for
the Subdivision.
DATE
Chairman Long Beach Planning Board
d. If the planning board disapproves the final plat,
the planning board shall state in writing its
reason for such action, specifying the provisions
of this article with
LONG BEACH CODE
CODE PORTION ENDS
CODE PORTION BEGINS
PLANNING AND DEVELOPMENT
Contains Suplement Pages between 591 and 593
Supp. No. 23
9 9-249
which the plat does not comply. One (1) copy of
this statement shall be transmitted to the
subdivider within fifteen (15) days of
disapproval; one (1) copy shall be retained by the
planning board as a part of its proceedings, and
one (1) copy shall be sent to the town manager. If
the final plat is disapproved, the subdivider may
make such changes as will bring the plat into
compliance with the provisions of this article and
resubmit same for reconsideration by the planning

board.
e. If the planning board fails to approve or
disapprove the final plat within thirty (30) days
after the first consideration, as previously
defined in section 9-248(6), such failure shall be
' deemed approval and shall constitute grounds for
the subdivider to apply for final approval by the
board of commissioners.
' (2) Review by board of commissioners:
a. The board of commissioners shall review the final
plat with the recommendations of the planning
board and shall approve or disapprove the plat
within forty-five (45) days after it has been
' received from the planning board.
b. If the board of commissioners approves the final
' plat, such approval shall be shown on each copy of
the plat by the following signed certificate:
Certificate of approval for recording:
I hereby certify that the subdivision plat shown hereon has been
found to comply with the Subdivision Regulations for Long Beach,
North Carolina, and that this plat has been approved by the
Council for recording in the office of the Register of Deeds of
Brunswick County.
DATE
' TOWN MANAGER TOWN OF LONG BEACH
C. If the final plat is disapproved by the board of
commissioners, then the reasons for such
disapproval shall be stated in writing, specifying
the provision(s) of this article with which the
final plat does not comply. One (1) copy of such
reasons shall be retained by the board of
commissioners as a part of its proceedings, one
(1) copy shall be transmitted to the planning
' board; and one (1) copy shall be transmitted to
the subdivider. If the final plat is disapproved
the subdivider may make such changes as will bring
' the final plat into compliance with this article
and resubmit same for reconsideration by the
planning board.
' (o) Effect of plat approval on dedications. The approval of
a final plat shall not be deemed to constitute or effect the
acceptance by the town of the dedication of any street or other
' ground, public utility line or other public facility shown on the
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' plat. However, the town may by resolution of the board of
commissioners accept any dedication made to the public of lands
' or facilities for streets, parks, public utility lines or other
public purposes, when the lands or facilities are located within
its subdivision regulation jurisdiction.
(p) Disposition of copies. If the final plat is approved by
the board of commissioners, the original tracing and one (1)
print of the plat shall be returned to the subdivider; one (1)
' reproducible tracing and one (1) print shall be filed with the
town manager; and one (1) print shall be retained by the planning
board.
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(q) Recording of the final plat. The subdivider shall file
the approved final plat with the county register of deeds for
recording within sixty (60) days after the date of approval by
the board of commissioners; otherwise, such approval shall be
null and void.
(r) Resubdivision procedures. For any replatting or
resubdivision of land, the same procedures, rules and regulations
shall apply as prescribed in this article for an original
subdivision. Lot sizes may, however, be varied on an approved
plan after recording, provided that:
(1) No lot or tract of land shall be created or sold that
is smaller than the size shown on the approved plan;
(2) Drainage, easements or rights -of -way shall not be
changed;
(3) Street alignment and block sizes shall not be changed;
(4) The property line between the back of the lots shall
not be changed;
(5) The rear portion of lots shall not be subdivided from
the front part;
(6) The character of the area shall be maintained.
(Ord. of 12-19-74(2), Art. VII, § 4; Ord. of 6-15-83(2); Ord. of
12-18-90; Ord. of 10-20-92(1); Ord. of 5-17-94(2); Ord. of 8-15-
95(2))
Secs. 9-250--9-266. Reserved.
DIVISION 3. IMPROVEMENTS; MINIMUM STANDARDS OF DESIGN*
Sec. 9-267. Suitability of land.
Land subject to flooding, improper drainage, erosion or that
is for topographical or other reasons unsuitable for residential

use as determined by the planning board shall not be platted
for residential use nor for any other uses that will continue or
increase the danger to health, safety or property unless the
hazards can be and are corrected.
(1) Prevention of flood damage. Lands known to be within a
' floodplain or any area known to be subject to flooding
shall be so identified on the preliminary plat.
Appropriate deed restrictions shall be filed for those
lands subject to flooding, prohibiting their
development for dwellings or other uses unless the
sites are floodproofed as follows:
a. No structures or fill shall be placed in the
floodway which would interfere with the natural
watercourse;
' b. Streets and utilities lines and structures may be
placed within the floodplain only if their
' elevation is raised above maximum flood heights or
if they are otherwise floodproofed;
C. Dwellings and self-contained sewage disposal units
(if used) shall be built at an elevation above
maximum flood heights;
' d. The subdivision drainage system shall be designed
to prevent increased flood flows due to newly
developed impervious surfaces and other factors.
' (2) Fill areas. Areas that have been used for the disposal
of solid waste shall not be subdivided into commercial
or residential building sites. This shall include those
' areas that have been used for the disposal of trash,
demolition waste and other waste materials.
(Ord. of 12-19-74(2), Art. VIII, S 2)
Sec. 9-268. Natural assets.
In any subdivision due consideration will be given to
preserving natural features such as trees, ponds, streams,
rivers, lakes and for any historical sites which are of value,
' not only to the subdivision but to the county as a whole.
(Ord. of 12-19-74(2), Art. VIII, S 3)
Sec. 9-269. Name of subdivision.
The name of a subdivision shall not duplicate nor closely
approximate the name of an existing subdivision within the town.
(Ord. of 12-19-74(2), Art. VIII, S 4)

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Sec. 9-270. Sedimentation pollution control.
' In order to prevent soil erosion and sedimentation pollution
of streams, springs, flatwater bodies or other drainage networks,
the subdivider shall comply with all requirements of the "North
Carolina Sedimentation Pollution Control Act of 1973" and any
' locally adopted sediment control ordinances.
(Ord. of 12-19-74(2), Art. VIII, § 5)
' State law reference(s)--Sedimentation Pollution Control Act
of 1973, G.S. § 113A-50 et seq.
' Sec. 9-271. Stormwater drainage.
The subdivider shall provide an adequate drainage system for
the proper drainage of all surface waters. The design of such a
system shall be subject to the approval of the board of
commissioners.
' (1) No surface water shall be channeled or directed into a
sanitary sewer.
' (2) Where feasible, the subdivider shall connect to an
existing storm drainage system.
' (3) Where an existing storm drainage system cannot feasibly
be extended to the subdivision, a surface drainage
system shall be designed to protect the proposed
' development from water damage.
(4) Surface drainage courses shall have side slopes of at
least three (3) feet of horizontal distance for each
' one (1) foot of vertical distance, and courses shall be
of sufficient size to accommodate the drainage area
without flooding.
' (5) The minimum grade along the bottom of a surface
drainage course shall be a vertical fall of at least
one (1) foot in each three hundred (300) feet of
horizontal distance.
(Ord. of 12-19-74(2), Art. VIII, § 6)
' Sec. 9-272. Water and sewerage systems.
' The preliminary subdivision plat must be accompanied by
satisfactory evidence as to the proposed method and system of
water supply and sanitary sewage collection and disposal.
' (1) Where the system is to be connected to the system owned
and operated by the town, or sanitary district, but not
constructed by the municipalities or county, the

preliminary subdivision plat shall be accompanied by a
complete set of construction plans for the proposed
system, prepared by a registered engineer, and approved
' by the engineer of the public sewer system or public
water system, and the appropriate state agency. Water
supply systems should be approved by the fire
department as to location of hydrants and size of
mains. No mains shall be less than six (6) inches
inside diameter, and they shall be laid out so as to
' create a complete circuit, with no dead-end lines in
excess of three hundred (300) feet. A blowout shall be
placed at the dead end. Water and sewer lines should be
installed in the street rights -of -way where possible.
' Minimum sewer lines size is eight (S) inches.
(2) Where the proposed system does not contemplate the use
' of facilities owned and operated by any of the above,
the proposed facilities shall be approved by the
appropriate agency. (See sections 9-224 and 9-225.)
(Ord. of 12-19-74(2), Art. VIII, § 7)
Cross reference(s)--Fire prevention and protection, Ch. 4.
Sec. 9-273. Streets.
' (a) Coordination and continuation of streets. The proposed
street layout within a subdivision shall be coordinated with the
existing street system of the surrounding area and where
possible, existing principal streets shall be extended.
' (b) Access to adjacent properties. Where, in the opinion of
the planning board it is necessary to provide for street access
' to an adjoining property, proposed streets shall be extended by
dedication to the boundary of such property and a temporary
turnaround shall be provided.
' (c) Private streets and reserve strips. Private streets are
allowed only in subdivisions in the ETJ. Reserve strips are
prohibited within any platted subdivision.
(d) Marginal access streets. Where a tract of land to be
subdivided adjoins a principal arterial street, the subdivider
' may be required to provide a marginal access street parallel to
the arterial street or reverse frontage on a minor street for the
lots to be developed adjacent to the arterial. Where reverse
frontage is established, private driveways shall be prevented
from having direct access to the expressway.
(e) Street names. Proposed streets which are obviously in
' alignment with existing streets shall be given the same name. In
assigning new names, duplication of existing names shall be
avoided and in no case shall the proposed name be phonetically
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similar to existing names, irrespective of the use of a suffix
such as street, road, drive, place, court, etc. Street names
shall be subject to the approval of the planning board.
(f) Collector and minor streets. Collector and minor streets
shall be so laid out that their use by through traffic will be
discouraged. Streets shall be designed or walkways dedicated to
ensure convenient access to parks, playgrounds, schools and other
places of public assembly.
(g) Design standards. The design of all streets and roads
within the town'shall be in accordance with the accepted policies
of the state department of transportation, division of highways,
as taken or modified from the American Association of State
Highway Officials' (AASHO) manuals. The provision of the street
rights -of -way shall conform to and meet the requirements of the
thoroughfare plan for the town as approved by the planning board
and adopted by the Town Council and the state department of
transportation, division of highways. The proposed street layout
shall be coordinated with the existing street system of the
surrounding area. Where possible, proposed streets shall be the
extension of existing streets. The urban planning area boundary
shall be as depicted on the mutually adopted town thoroughfare
plan.
(h) Right-of-way widths. Right-of-way widths shall
' less than the following and shall apply except in those
where right-of-way requirements have been specifically
the town thoroughfare plan.
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not be
cases
set out in
Road
Right-of-way, ft.
Urban major thoroughfare
100
Minor thoroughfare
70
Local street
60
Cul-de-sac
100 (diameter for turnaround)
(i) One hundred feet maximum. The subdivider will only be
required to dedicate a maximum of one hundred (100) feet of
right-of-way. In cases where over one hundred (100) feet of
right-of-way is desired, the subdivider will be required only to
reserve the amount of excess of one hundred (100) feet. In all
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cases in which right-of-way is sought for an access -controlled
facility, the subdivider will only be required to make a
reservation.
(j) Pavement widths. Minimum widths or graded widths shall
be as follows:
(1) Principal arterials 48 feet
(2) Minor arterials 36 feet
(3) Major collector 36 feet
(4) Minor collector 20 feet
(5) Local road 20 feet
(6) Marginal access (frontage) 20 feet
(7) Cul-de-sac 20 feet
(8) Cul-de-sac turnaround 80 feet (diameter)
(k) Roads and street surfaces. All subdivision streets and
roads shall be constructed to meet the current requirements of
the state department of transportation, division of highways,
standards for state maintenance.
(1) Tangents. A tangent of at least one hundred (100) feet
shall be provided between reverse curves on all streets.
(m) Street intersections. Street intersections shall be laid
out as follows:
(1) All streets shall intersect as nearly as possible at
right angles and no street shall intersect at less than
sixty (60) degrees.
(2) Intersections with a major street shall be at least one
thousand (1,000) feet apart, measured from centerline
to centerline.
(3) Centerline offsets (jogs) are discouraged at street
intersections, however, offsets will be determined on a
case by case basis.
' (4) Property lines at street intersections shall be rounded
with a minimum radius of twenty (20) feet. At an angle
of intersection of less than ninety (90) degrees, a
greater radius may be required.
' (5) Proper sight lines shall be maintained at all
intersections of streets. Measured along the centerline,
' there shall be a clear sight triangle of 150 feet for

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major streets and 75 feet on all other streets from a
point of intersection. This shall be indicated on all
plans. No building or obstruction shall be permitted in
this area.
(n) Half -streets. The dedication of half -streets at the
perimeter of a new subdivision shall be prohibited. If
circumstances render this impracticable, adequate provision for
the concurrent dedication of the remaining half of the street
' must be furnished by the subdivider. Where there exists a half -
street in an adjoining subdivision, the remaining half shall be
provided by the proposed development.
(o) Cul-de-sacs. Permanent dead-end streets shall not exceed
five hundred (500) feet in length unless necessitated by
topography and they shall be provided with a turnaround having
the dimensions stated in this division.
(p) Alleys. An alley shall be provided to the rear of all
lots used for other than residential purposes. Alleys are
prohibited in residential blocks unless approved by the planning
board. All alleys shall be designed in accordance with the state
department of transportation, division of highways'
specifications and standards and shall meet the following
requirements:
' (1) Right-of-way width . . . . 20 feet
(2) Property line radius at alley intersection . . . . 15
feet
(3) Minimum centerline radius deflection angle of more than
ten (10) degrees occurs . . . . 35 feet
(4) Minimum turnaround diameter of dead-end alley (right-
of-way width) . . . . 80 feet
' (q) Geometric characteristics. The standards outlined below
shall apply to all subdivision streets proposed for addition to
the state highway system or municipal street system. In cases
t where a subdivision is sought adjacent to a proposed thoroughfare
corridor, the requirements of dedication and reservation
discussed under subsections (h) and (i) above, shall apply.
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Design speed. The design speeds for subdivision -type streets
shall be:
Desirable
(Minimum)
Urban
Major
thoroughfares
55
25
Minor
thoroughfares
55
25
Local streets
35
20
(Ord. of 12-19-74(2), Art. VIII, § 8; Ord. of 10-20-92(1); Ord.
of 8-17-93(3))
Sec. 9-274. Design standards for blocks.
(a) Generally. The lengths, widths and shapes of blocks
shall be determined with due regard to: provision of adequate
building sites suitable to the special needs of the type of use
contemplated; zoning requirements as to lot sizes and dimensions;
needs for vehicular and pedestrian circulation, control and
safety of street traffic; limitations and opportunities of
topography; and convenient access to water areas.
(b) Block length. Blocks shall not be less than four hundred
(400) feet nor more than one thousand three hundred twenty
(1,320) feet in length.
(c) Block width. Blocks shall have sufficient width to allow
two (2) tiers of lots of minimum depth except where single -tier
lots are required to separate residential development from
through vehicular traffic or another type of use, or else when
abutting a water area.
(d) Pedestrian crosswalks. where deemed necessary by the
planning board a pedestrian crosswalk at least fifteen (15) feet
in width may be required to provide convenient public access to a
public area such as a park or school, or to a water area such as
a stream, river or lake.
(Ord. of 12-19-74(2), Art. VIII, § 9)

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Sec. 9-275. Design standards for lots.
(a) Generally. The lot size, width, depth, shape and
orientation, as well as the minimum building setback lines shall
be appropriate for the location of the subdivision and for the
type of development and use contemplated.
(b) Subdivisions subject to zoning district regulations.
Lots in subdivisions located within a district specified
by Article III of this chapter shall meet and conform to
all lot size, dimension and building setback requirements
of that zoning district.
(c) orientation of residential lot lines. Side lot lines
shall be substantially at right angles or radial to
street lines. All lots shall front upon a public
street. Double -frontage lots shall be avoided wherever
possible.
(d) Large tracts or parcels. Where land is subdivided into
larger parcels than ordinary building lots, such parcels shall be
so arranged so as to allow for the opening of future streets and
logical further resubdivision.
(Ord. of 12-19-74(2), Art. VIII, § 10)
Sec. 9-276. Design standards for easements.
Easements shall be provided as follows:
(1) Utility easements. Easements for underground or
aboveground utilities shall be provided where necessary
across lots or preferably centered on rear or side lot
lines and shall be at least ten (10) feet in width.
(2) Drainage easements. Where a subdivision is traversed by
a stream or drainageway, an easement shall be provided
conforming with the lines of such stream and of
sufficient width as will be adequate for the purpose.
(3) Buffer strips. A buffer strip at least ten (10) feet in
width may be required by the planning board adjacent to
a major street or a commercial or industrial
development. This strip shall be in addition to the
normally required lot dimension, shall be part of the
platted lot, and shall be reserved for the planting of
trees and shrubs by the owners.
(Ord. of 12-19-74(2), Art. VIII, § 11)
Sec. 9-277. Placement of monuments.
Unless otherwise specified by this article, the Manual of
' Practice for Land Surveying as adopted by the state board of
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registration for professional engineers and land surveyors, under
provisions of G.S. section 89C-20, shall apply when conducting
surveys for subdivisions; to determine the accuracy for surveys
and placement of monuments, control corners, markers, and
property corner ties; to determine the location, design, and
material of monuments, markers, control corners, and property
corner ties; and to determine other standards and procedures
governing the practice of land surveying for subdivisions. The
suburban land survey (class B) criteria shall apply to all
' subdivisions in the town jurisdiction area except for commercial
and industrial surveys.
(Ord. of 12-19-74(2), Art. VIII, § 12)
Sec. 9-278. Construction procedures.
(a) Commencement. No construction or installation of
improvements shall commence in a proposed subdivision until the
preliminary plat has been approved, and all plans and
specifications have been approved by the appropriate authorities.
(b) Permits. No building, or other permits shall be issued
for erection of a structure on any lot not of record at the time
of adoption of this article until all the requirements of this
article have been met.
(c) Access. The administrator of the article shall have
access to premises and structures during reasonable hours to make
those inspections as deemed necessary by him to ensure compliance
with this article.
(d) Inspection. The subdivider, prior to commencing any work
within the subdivision, shall make arrangements with the
administrator of this article to provide for adequate inspection.
The approving authorities having jurisdiction or their
representative shall inspect and approve all completed work prior
to release of the sureties.
a (e) Erosion control. The subdivider shall cause all grading,
excavations, open cuts, side slopes and other land surface
disturbances to be so mulched, seeded, sodded or otherwise
protected to comply with the provisions of section 9-267.
(f) Existing flora. The subdivider shall make every effort
to protect and retain all existing trees, shrubbery, vines, and
grasses not actually lying in public roadways, drainage ways,
building foundation sites, private driveways, soil absorption
waste disposal areas, paths and trails. Such trees are to be
protected and preserved during construction in accordance with
sound conservation practices recommended by the United States
Department of Agriculture in Agriculture Information Bulletin No.
285, Protecting Trees Against Damage From Construction Work,
United States Government Printing Office, 1964. Such trees are to
' be preserved by well islands or retaining walls whenever abutting
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grades are altered. Temporary vegetation and mulching shall be
used to protect critical areas,.and permanent vegetation shall be
installed as soon as practical, with the exception of bushhogging
and clearing by hand.
(g) Construction. Construction at any given time shall be
confined to the smallest practical area and for the shortest
practical period of time.
(Ord. of 12-19-74(2), Art. VIII, § 13; Amend. of 10-20-92(1))
Sec. 9-279. Oversized improvements.
(a) The Town may require installation of certain oversized
facilities such as water mains in excess of six (6)
inches in diameter when it is in the interest of future
development.
(b) The Town shall bear the cost of the installation and
materials for the sanitary sewers within their
subdivision.
(C) The Town may require the developer to install oversized
improvements when deemed necessary.
(Ord. of 12-19-74(2), Art. VIII, § 14)
I Secs. 9-280--9-290. Reserved.
DIVISION 4. PUBLIC FACILITIES
Sec. 9-291. Recreation areas --Generally.
(a) Every person who subdivides land for residential
purposes shall at the time of final approval of the subdivision
plat agree to dedicate a portion of such land, as set forth in
this article for the purpose of providing recreation areas or
parks to serve the future residents of the neighborhood within
which the subdivision is located. As an alternative to the
dedication of a portion of such land by the subdivider and/or
where it is determined by the planning
LONG BEACH CODE
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CODE PORTION BEGINS
PLANNING AND DEVELOPMENT
Supp. No. 14
ARTICLE VIII. MANUFACTURED HOMES AND MODULAR HOMES
ISec. 9-501. Definitions.
For the purpose of this article, certain words and terms are
defined as provided in this section.
Manufactured home. Manufactured home means a structure,
transportable in one (1) or more sections, which in the traveling
mode is eight (8) body feet or more in width, or forty (40) body
feet or more in length, or when erected on site, is five hundred
fifty (550) or more square feet; and in no case less than that
required by the zoning ordinance or deed restrictions; and which
is built on a permanent chassis and designed to be used as a
dwelling, with or without permanent foundation when connected to
the required utilities, including the plumbing, heating, air
conditioning and electrical systems contained therein.
Manufactured home includes any structure that meets all of the
requirements of this subsection except the size requirements and
with respect to which the manufacturer voluntarily files a
certification required by the secretary of the United States
Department of Housing and Urban Development and complies with the
standards established under the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C.-5401, et
I seq. The structure is not constructed in accordance with the
standards set forth in the North Carolina State Building Code.
Modular home. A dwelling unit 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.
(Ord. of 12-19-89)
Sec. 9-502. Placement of modular manufactured homes.
Dwelling units not more than five (5) years old, which meet
the definition of manufactured home as defined in section 9-501
are permitted in zoning district R-2 only.
(Ord. of 12-19-89; Ord. of 4-16-91(1); Amend. of 10-20-92(1))
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Sec. 9-503. Placement of modular homes; requirements.
Dwelling units which meet the definition of a modular home
as defined in section 9-501 are permitted in zoning districts, R-
1, R-2, R-3A, R-3B, R-3C, R-411, R-4B, R-5, CA and CB, provided
the units comply with the following requirements:
(1) The home must be constructed to meet Section 39,
coastal and flood plain construction standards [of the
State Building Code].
1 (2) The home must contain a minimum of one thousand fifty
(1,050) square feet of heated living space and in no
case less than that required by the zoning ordinance or
deed restrictions. Dimensions must be a minimum of
twenty-five (25) feet wide and a minimum of forty
(40)feet long.
(3) No roof will have less than a four (4) in twelve (12)
pitch and will have a roof covering that meets Section
26 of the North Carolina Uniform Residential Building
Code, Volume IB. All roof structures shall provide an
eave projection of no less than sixteen (16) inches.
(4) The home must provide a minimum distance of seven (7)
feet, six (6) inches from the top of the foundation to
the bottom of the eave.
(5)
The home is to be placed on a permanent masonry
foundation with ventilation and access as required by
the state building code.
(6)
The home must be placed on the lot so that its front
entrance faces the front of the lot and all setback
requirements are met.
(7)
The exterior siding shall be comparable in composition,
appearance and durability to the siding commonly used
in standard residential construction to blend well with
other homes in the area.
(8)
If placed on pilings, an engineer or architect seal
will be required to ensure compliance with Section 39
of the North Carolina Uniform Residential Building
Code, Volume IB.
(Ord. of
12-19-89)
Secs. 9-504--9-510. Reserved.
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ARTICLE IX. EXTRATERRITORIAL JURISDICTION BOUNDARIES*
*Editor's note --An ordinance adopted July 16, 1991, §§ 1--3,
did not specifically amend the Code; hence, its inclusion herein
as Art. IX, §§ 5-511--5-513 was at the discretion of the editor.
Charter references) --Corporate boundaries, §§ 2.1, 2.2.
State law references) --Delegated municipal powers, G.S. §§
160A-22, 160A-360.
Sec. 9-511. Established.
The Town of Long Beach hereby establishes boundaries for the
extraterritorial enforcement of the following ordinances:
(1) Zoning ordinance.
(2) Subdivision regulations.
(3) North Carolina State Building Code.
(4) Ordinance creating:
a. The municipal planning board.
b. The municipal inspection department.
(Ord. of 7-16-91, § 1)
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Sec. 9-512. Delineation of boundaries.
■ Said boundaries are delineated on the face of a map,
entitled "Extraterritorial Jurisdiction of the Town of Long
Beach,'' which is attached hereto and is hereby adopted by
reference and more particularly described as follows:
I Beginning at the centerline of NE 54th Street bearing
1440 degrees NE to the centerline of the Atlantic
Intracoastal Waterway. Continue same bearing to mouth of
Beaver Dam Creek running on the same bearing to the
confluence with Polly Gully Creek, then northwesterly along
the centerline of Polly Gully Creek an aerial distance of
approximately 2,550 feet plus/minus to the centerline of an
existing bridge over said Polly Gully Creek, thence
northerly along the centerline of said bridge and existing
road, said road being named St. James Drive SE, being a part
of the St. James Plantation subdivision, a distance of
approximately 1,500 feet plus/minus to a point exactly one
mile north of the town limits, also being the centerline of
the Atlantic Intracoastal Waterway, thence continue westerly
along said line extending exactly one mile north of the town
limits a distance of approximately 27,000 feet plus/minus to
the centerline of Sunset Harbor Road SE, further identified
as Secondary Road 1112, thence south along the centerline of
said road to a point which is the extension of the eastern
boundary of the Sunset Harbor subdivision, thence southerly
along said eastern subdivision boundary line extended to the
town limits being also the centerline of the Atlantic
Intracoastal Waterway, thence easterly along said town
limits and centerline to the point of the beginning.
The above described lands all located within one (1) mile of
the Long Beach corporate limits are included in the
extraterritorial area because of the current urban development of
the property and the anticipated construction of a bridge
crossing the Intracoastal Waterway within the boundaries of the
property and the projected development along and with the bridge
and highway leading thereto.
(Ord. of 7-16-91, § 2; Ord. of 10-20-92(4), § 1)
Sec. 9-513. Official copy of article and map on file at office of
town clerk; duties of clerk to record subsequent amendments of
map; signposts and markers.
The official copy of this article and map shall be on record
in the office of the town clerk for public inspection during
L normal business hours. The town clerk shall cause a certified
copy of this article and map and any subsequent amendments to be
recorded in the office of the register of deeds of Brunswick
County. The town clerk shall cause signs, signposts, or similar
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ireadily -identifiable markers to be installed at all points of
intersection of the above -described boundary with all roads,
streets, highways and railroads.
(Ord. of 7-16-91, § 3)
Secs. 9-514--9-520. Reserved.
ARTICLE X. GROWTH MANAGEMENT PLAN FOR EXTRATERRITORIAL
JURISDICTION*
*Editor's note --An ordinance adopted Aug. 18, 1992,
providing for a growth management plan for the town's
extraterritorial jurisdiction, has been included herein per
L instruction of the town; designation as Art. X, §§ 9-521--9-525,
was at the discretion of the editor.
Cross reference(s)--Zoning, § 9-36 et seq.; establishment of
extraterritorial boundaries, § 9-511 et seq.
Sec. 9-521. Introduction.
In July 1991, the Town of Long Beach adopted an
Extraterritorial Land Use Planning Jurisdiction (ETJ). North
Carolina enables cities and towns to exercise jurisdiction in
various land use related matters over areas located outside its
boundaries. An ETJ allows a town to ensure that areas that will
ultimately be brought into the town are: (a) developed in a
manner consistent with the towns development standards and land
use planning objectives, and (b) served by appropriate public
facilities. In addition, even where a town has no annexation
ambitions, unplanned growth and substandard development may have
detrimental effects on nearby city areas.
. Currently the town's ETJ is far from being considered urban
like. There is no direct access to the ETJ from Long Beach. Two
facts indicate that eventually the land uses within the ETJ will
affect the health, safety, and welfare of the citizens of Long
Beach. The first fact being, a large portion of the ETJ is
currently being developed into a recreational residential
community. This community will transform the ETJ from a mostly
undeveloped tract of land into an area which offers residential,
recreational, and commercial land uses.
The second fact is that a second bridge to connect Oak
Island and the mainland is proposed. Currently the bridge is
proposed to enter Oak Island at Middleton Street in Long Beach.
The proposed bridge will make Long Beach and its ETJ accessible
to each other by providing an improvement in transportation.
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This growth management plan is an attempt to manage the
changes in land use which will result from: (1) current urban
' development of the ETJ, and (2) the improvement of access between
the ETJ and the town proper. The potential connection and close
proximity of these two urban area creates the need to view this
as one system for planning purposes. The items discussed above
and the entire planning jurisdiction are depicted on Figure 1.*
*Editor's note --The map (Figure 1) depicting the entire
planning jurisdiction, referenced in § 9-521 has not been set out
herein, but is on file and available for inspection in the office
ofthetown clerk.
- -
(Ord. of 8-18-92)
Sec. 9-522. Growth management policy statements.
The policies section of the Long Beach ETJ Growth Management
Plan is designed to provide a basis for future decisions
regarding general development, capital improvements, rezoning
request, subdivision approvals and other related matters. The
intention is to establish agreed upon principles from which a
coordinated strategy for development can be implemented.
The policy statements relate to the physical environment,
residential development, office and institutional development,
commercial development, industrial development, open spaces and
recreational areas, transportation, economic development and
community appearance. The forty-three (43) policies are listed in
Appendix I, following this article.
(Ord. of 8-18-92)
Sec. 9-523. Existing conditions relating to urban development.
This analysis is based on the Brunswick County Land Use
Plan. The majority of the property is either undeveloped or
planned for future development.
The best indication of areas suitable for development in the
ETJ is offered by the 1997 Brunswick County Land Classification
Map. This is depicted on Figure 3*. This classification system is
based on existing development and the suitability for potential
development created by socio-economic and environmental
conditions. The two (2) land use classifications within the ETJ
are a transitional -mixed use and conservation -conservation. The
areas classified as mixed use are suitable for a variety of urban
types of development. The areas least suitable for development
are classified as conservation. It appears that the majority of
the ETJ is suitable for urban type development. However, site
specific characteristics should be considered for each proposed
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Iland use.
*Editor's note --The Brunswick County land classification map
(figure 3) referenced in § 9-523 has not been set out herein, but
is on file and available for inspection in the office of the town
clerk.
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Sec. 9-524. Implementation.
Implementation is the most important phase of any plan. The
policies of the growth management plan is the vision. The
implementation scheme is how the vision is accomplished. The
implementation scheme involves capital improvement planning and
creation and enforcement of land use regulations. The capital
improvement plan will need to be developed once it is decided to
i annex the area and once it is decided what types and levels of
service will be required in the ETJ.
The land use regulations required for implementation for
this plan are: zoning, subdivision regulations, the Coastal Area
Management Act (LAMA), and the North Carolina State Building
Codes. The subdivision regulations, LAMA, and building codes are
presently adequate to successfully manage growth. However,
changes to these regulations may be needed in the future. To
allow for the successful implementation of this plan and
flexibility for developers of lands in the ETJ, a stringent but
flexible zoning ordinance is needed. In addition to the current
land use regulations, the following zoning districts will be
involved with the successful implementation of this plan; an R-6
zoning district, a special highway corridor district (SHC), and a
planned unit development district (PUD).
The entire ETJ shall be zoned R-6. The SHC and PUD districts
will be floating districts. A floating district is described in
the text of the zoning ordinance but not mapped. When a project
of sufficient size anywhere within the R-6 zoning district can
meet certain requirements, the floating zone can be anchored and
' the area designated on the zoning map. The boundary of the
floating zones should be clearly identifiable by either natural
and manmade features, or by property lines.
(Ord. of 8-18-92)
Sec. 9-525. [Districts.]
R-6 zoning district
The R-6 zoning district is a single and multiple family
dwelling district. The two major characteristics of the R-6 are:
(1) it allows for the PUD and SHC floating zoning districts, and
(2) the 10,000 square foot minimum lot size. The 10,000 square
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foot minimum lot size requirement is based on the minimum amount
of land needed for a low pressure septic system and a dwelling
with 850 square feet of living space (850 square feet living
space is the minimum size required in the R-6 zoning district).
If waste water is to be disposed by a central waste water
treatment facility, then the minimum lot size is 6,600 square
feet. The 10,000 square foot minimum lot size requirement is made
flexible through the PUD and unified tract development district
options. However, the minimum lot size is used to calculate the
allowed densities in the PUD districts. The R-6 zoning district
regulations are depicted on Figure 4, following this section. The
Town of Long Beach Zoning Ordinance shall be amended to include
the R-6 district, the PUD-R (residential) and PUD-M (mixed)
districts, and the SHC-1 and SHC-2 districts. Therefore all
provisions of the current zoning ordinance shall be applicable.
Planned unit development district.
The next major component of the implementation scheme is a
planned unit development zoning district. A PUD is a form of
development usually characterized by a unified site design for a
number of housing units, clustering buildings, and providing
common open space; density increase; and a mix of building types
and land uses. It permits the planning of a project and the
calculation of densities over the entire development, rather than
on a individual, lot -by -lot basis. A PUD also refers to a
process, mainly revolving around site -plan review, in which
public officials have considerable involvement in determining the
nature of the development. It includes aspects of both
subdivision and zoning regulations and will be administered
through the rezoning process. Planned unit development allows the
unified and hence potentially more desirable and attractive
development of an area based on a comprehensive site plan. Figure
5, following this section, is the proposed PUD district
regulations.
There are two (2) proposed PUD districts, PUD-R
(residential) and PUD-M (mixed). The application process, review
process, and required components of the master plan are the same
for both PUD districts. The differences between the PUD districts
are the permitted uses, conditional uses, and the purpose of the
districts. Figure 6, following this section, depicts the PUD-M
district regulations.
Special highway corridor district (SHC).
The final implementation device required for the successful
accomplishment of this plan is a special highway corridor
district (SHC). The 1988 Brunswick County Thoroughfare Plan
recommends the extension of Midway road from NC 211 to Middleton
' Avenue and East Ocean highway in Long Beach. The recommended
extension is proposed to be a major thoroughfare. Major
thoroughfares are the principal traffic carriers. The main
' function is to move intraurban and interurban traffic safely and
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efficiently. Major thoroughfares should not be bordered by
uncontrolled strip development because such development
significantly lowers the capacity of the thoroughfare to carry
traffic. The purpose of the SHC districts is to discourage strip
development on this proposed thoroughfare and additional
recommended thoroughfares.
In addition to the recommended Midway road extension, the
Brunswick County Thoroughfare Plan also recommends the
construction of a NC 133 and Varnumtown connector. This proposed
minor thoroughfare would connect Sunset Harbor road to Airport
road. As proposed, the intersection of the Midway road extension
and the Varnumtown/NC 133 connector could possibly be in the Town
of Long Beach's ETJ. This should also be considered for the SHC
zoning district in the future. Figure 7* depicts the Brunswick
County Thoroughfare Plan, specifically as it relates to the ETJ.
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*Editor's note --The map (figure 7) depicting the Brunswick
County Thoroughfare Plan referenced in 9 9-525 has not been set
out herein, but is on file and available for public inspection in
the office of the town clerk.
The SHC districts are floating zones. Once a proposed road
is under construction the planning board and the board of
commissioners should initiate the rezoning process to overlay the
SHC over the area surrounding the road. Figure 8, following this
section, is the proposed SHC district regulations (SHC-1 and SHC-
, 2).
The SHC district is further divided into two (2)
subdistricts, SHC-1 and SHC-2. SHC-1 is proposed as an exclusive
central retail and service business district core with some mixed
office and high density residential development. SHC-2 is
proposed as a highway service, general, automotive, tourist, or
commercial recreation oriented uses, with incidental residential
development. SHC-2 also contains mixed office and high density
residential development.
(Ord. of 8-18-92)
FIGURE 4
R-6 Single and Multiple -Family Dwelling Zoning District
A. Purpose. The R-6 zoning district is intended to protect
single-family residential areas now developed or developing. The
maintenance of a desirable living environment is provided through
lot area, yard and open space standards. Flexibility of the
intensity of development and design standards is provided for by
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allowing the PUD and SHC districts in the R-6 district.
B. Permitted uses. In the R-6 district the following
buildings and uses are permitted as a right throughout the
district, subject to the standards and exceptions for this
district and the general provisions set forth in § 9-131 et seq.:
(1) Single-family dwellings;
(2)
Customary accessory buildings and uses incidental to
the uses permitted in the
district;
(3)
Churches;
(4)
Public parks, playgrounds,
golf courses,
community
centers;
(5)
Schools, public and private,
subject to
Division 5;
(6)
Signs, subject to section
9-150;
(7)
Private marinas and piers,
subject to §
9-131 et seq.;
(8)
Home occupations, subject
to § 9-131 et
seq.
C. Conditional uses. A conditional use permit may be granted
for any of the following buildings and uses in accordance with
the procedure set forth in § 9-101 et seq.:
(1) Duplexes;
(2) Apartments;
(3) Townhouses;
(4) Condominiums;
(5) Unified tract developments;
(6) Public utility uses and structures.
' D. Lot area, lot width and yard requirements. The following
minimum requirements shall be observed:
' (1) Lot area ....
10,000 square feet
(with centralized sewage system) ....
6,600 square feet
(2) Lot width ....
55 feet
(3) Front yard ....
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' 30 feet
(4) Side yard ....
8 feet
(5) Rear yard ....
25 feet
(6) Minimum living space ....
850 square feet
E. Corner lots. A corner lot on which the side yard is
perpendicular, or the proximity thereof, to the side yards of the
remaining lots in the same block shall have a fifteen -foot side
yard setback on the intersecting street side. All other corner
lots shall have eight foot side yard setbacks.
F. Detached accessory buildings and uses. Accessory
buildings and uses shall be set back a minimum of eight feet from
any side property line and a minimum of ten feet from the rear
property line. Accessory buildings shall not extend beyond the
front edge of the principal building or beyond the minimum front
' building line whichever is greater. Accessory buildings and uses
shall be set back a minimum of ten (10) feet from any side
property line along which there is utility easement.
G. PUD-R, PUD-M and SHC zoning districts allowed.
(Ord. of 8-18-92)
FIGURE 5
Planned Unit Development -Residential (PUD-R) District
1 A. Purpose. This district is intended to permit development
in accordance with a master plan of a tract of land consisting of
at least ten (10) contiguous acres into a residential community.
' Within such development the location of all improvements shall be
planned in such a manner as to permit a variety of housing
accommodations in an orderly relationship to one another with an
adequate provision of open space and minimal disturbance to
natural features. This zoning district is appropriate when the
land owner(s) contemplates a variety of housing types and/or a
phased development. Flexible requirements permit the developer to
approach the development as an integrated social, environmental
and economic system and to thereby offer more efficient,
attractive, flexible and environmentally sensitive designs.
B. Procedure. The PUD-R zoning district is a floating zone.
To apply for a PUD district, the petitioner must follow the
rezoning and PUD review procedure. At time of approval of the PUD
district the PUD-R district shall be mapped on the Town of Long

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Beach Zoning Map. District boundaries shall be consistent with
section 9-58. All proposed PUD districts shall be at least ten
(10) contiguous acres.
C. Permitted uses. In the PUD-R district the following
buildings and uses are permitted as a right throughout the
district, subject to the standards and exceptions for this
district and the general provisions set forth in § 9-131 et seq.:
(1) Single-family dwellings;
(2) Customary accessory buildings and uses incidental to
the uses permitted in the district;
(3) Churches;
(4) Public parks, playgrounds, golf courses, community
centers;
(5) Schools, public and private;
(6) Signs, subject to section 9-150;
(7) Marinas and piers;
(8) Home occupations, subject to § 9-131 et seq.;
(9) Duplexes;
(10) Apartments;
(11) Townhouses;
(12) Condominiums;
D. Conditional uses. A conditional use permit may be granted
for any of the following buildings and uses in accordance with
the procedures set forth in § 9-101 et seq.:
(1) Day care centers;
(2) Fraternal organizations;
(3) Group homes;
(4) Hospitals;
(5) Nursing homes and convalescent centers;
(6) Public utility uses and structures.

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E. Lot area, lot width and yard requirements.
(1) A minimum gross development size of ten (10) contiguous
acres is required. There shall be no minimum lot size,
lot width or setback requirements; however, the following
standards shall apply:
a. No Structure may be located less than thirty (30)
feet from a public street right-of-way.
b. A twenty-five (25) foot wide buffer shall be
maintained around the perimeter of the PUD with
screening as required in Section (f) Buffering.
(2) Zero lot lines. Where individual dwelling units are to
be sold in a single building and it is desired to deed
the land under the unit to the purchaser, such as in
the case of townhouses or patio homes, zero lot line
lots may be used as long as the required yards and
required buffers are maintained around the PUD.
(3) Density. Development area density shall be no greater
than that normally permitted for the district in which
the PUD is to be located except as provided below.
Development area density shall be computed by
subtracting fifteen (15) percent of the gross area (as
an allowance for streets).
(4) Density bonus. A density bonus not to exceed thirty-
five (35) percent of the number of dwelling units
permitted under the R-6 district regulations may be
approved by the Planning Board in accordance with the
following ratios of residential area to common open
space. In each case, the planning board must make a
finding that the development will result in a
significantly better environment than would otherwise
have occurred in accordance with the established
permitted density. Tentative application of the density
bonus shall be included in the rezoning application for
review and approval.
Density Bonus Scale
% of residential area to be
common open space
% density bonus
10--19
10
20--29
15
30--39
20
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40--49
25
50--59
30
60 or more
35
F. Buffering. The
potential objectionable
intensive utilization o
use areas.
purpose of a buffer strip is to screen any
features resulting from the more
f land from neighboring, less intensive
(1) Bufferyards required. A bufferyard consisting of a
horizontal distance of twenty-five 925) feet from the property
line on the boundary of the proposed PUD shall be provided. Such
yard may only be occupied by screening, utilities, pedestrian
ways and landscaping materials.
(2) Screening required. The bufferyard illustration*
depicts the required components of each bufferyard type
(opaque, semi -opaque, and aesthetic). The required
minimum heights of the vegetation used in required
buffers is below:
Type
Planting
Maturity
Evergreen shrubs
18 inches
4 feet
Evergreen trees
3 feet
25 feet
Deciduous trees
5 feet
35 feet
(3) Alternative buffers and screening. An opaque wall or
fence with a minimum height of six (6) feet shall
reduce the number of evergreen plantings by fifty (50)
percent and bufferyard width by thirty (30) percent.
Alternative methods of buffering and screening
including but not limited to; existing vegetation,
fences, walls and earthen berms, etc. Alternatives may
be permitted if, upon submission of detailed plans to
the planning board, the planning board finds that the
alternative methods will afford a degree of buffering
and screening equivalent to that provided by the above
requirements. It shall be the responsibility of the
developer to provide the planning board with adequate
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information to make such a judgment. Adequate
information shall include but not be limited to a
detailed, clearly legible landscaping plan drawn to
scale.
(4) Maintenance of landscaping. All landscaping and
screening required by this section shall be installed
and maintained so as to continue its effectiveness.
G. Conformity to plans. Site development within the planned
development shall be in conformity with the Town of Long Beach
Land Use Plan, zoning ordinance, thoroughfare plan, subdivision
regulations, flood prevention ordinance, and associated
requirements approved by the planning board as part of the permit
conditions , or other plans adopted by the Town. Planned
developments (PUD's) are hereby exempt from the specific
standards of the Zoning and subdivision ordinances, but shall
adhere to all development standards approved as a part of the
master plan. All development standards approved by the Town
Board in the master plan and applicable plat review and approval
procedures of the subdivision ordinance shall be followed in the
development of the PUD.
H. Common open space. "Common open space', required in
PUD's shall mean a parcel or parcels of land or a combination of
land and water within the site designated for a PUD designed and
intended for the use and enjoyment of residents of the proposed
development for the general public, 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 the residents.
(1) A minimum total area of ten (10) percent of the gross
residential area shall be set aside as common open
space in a PUD. Of this ten (10) percent, a maximum of
one-half may be areas covered by water, regulatory
wetlands and/or golf course.
(2)
A maximum of fifteen (15) percent of the area
designated to be common open space may be covered by
structures clearly auxiliary to the recreational use of
the area. Such structures may include tennis courts,
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pro shops, club houses, swimming pools, and the like.
(3)
The location, shape and character of the common open
space must be suitable for the proposed development.
(4)
Common open space shall be capable of being used and
enjoyed for purpose of informal and unstructured
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recreation and relaxation, and shall be dedicated to
the town or remain in control of the PUD through a
homeowners association or similar means. The uses
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authorized for the common open space must be

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' appropriate to the scale and character of the
development.
(5) Common open space must be suitably improved for its
intended use, but common open space containing natural
features clearly worthy of preservation may be left
unimproved. The buildings, structures, and improvements
which are permitted in the common open space must be
appropriate to the uses which are authorized for the
common open space and must conserve and enhance the
amenities of the area having regard to its topography
and unimproved condition.
I. All land shown on the development plan as common open
space must be conveyed under one of the following options:
(1) It may be dedicated to the town for public use. Any
dedication must be formally accepted by the town to be
valid. Nothing in this article in any way obligates the
town to accept the dedication of any property.
(2) It may be conveyed to the trustees provided in an
indenture establishing an association of homeowners.
The common open space must be conveyed to the trustees
subject to covenants and easements to be approved by
the planning board which restrict common open space to
the uses specified on the plan, and which provide for
the maintenance of the common open space in a manner
which assures its continuing use for its intended
purpose. If the common open space is deeded to a
homeowners association, the developer shall file a
declaration of covenants and restrictions that will
govern the association, to be submitted with the
' application for approval.
(3) The common open space may be retained, operated, and
maintained by the PUD property owner or developer if a
legal document is submitted to the town prior to the
issuance of a building permit binding in perpetuity the
common open space to be used as such and to be
maintained in an appropriate manner. If at any future
date the owner and operator of the common open space
and its facilities wishes or is required to relinquish
' control of such facilities, the common open space shall
be conveyed as described above, dedicated to the town
for public use, or sold with all operating requirements
and legal obligations still binding. The common open
space shall forever be part of the PUD.
J. Master plan. Request for establishment of a PUD district
shall be accompanied by a site development plan, application, and
the appropriate fees.
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K. Contents of master plan. A site development plan drawn to
scale shall contain the following information:
(1) The name of the PUD;
(2) The exact boundary lines of the PUD fully dimensioned
by lengths and bearings, and the location of
intersecting boundary lines of adjoining lands;
(3)
Scale denoted both graphically and numerically;
r(4)
The plans for general utility layouts, including
sewers, storm sewers, water distribution lines, natural
gas, telephone and electric service, illustrating
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connections to existing systems or plans for individual
water supply systems and/or sewage disposal systems.
Plans must show line sizes, the location of fire
hydrants, blowoffs, manholes, pumps, force mains, and
gate valves;
'
(5)
Street names;
(6)
The location, purpose and dimensions of areas to be
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used for purposes other than residential;
(7)
Minimum building setback lines;
(8)
The names of owners of adjoining properties and any
adjoining subdivisions of record;
(9)
The location and dimensions of all rights -of -way,
utility or other easements, riding trails, natural
buffers, pedestrian or bicycle paths, and areas to be
dedicated to public use with the purpose of each
stated. If private streets are proposed, a statement
to that effect and explanation of maintenance
responsibility shall be provided. Typical cross
sections, pavements and easement widths, vertical and
horizontal controls and utility locations shall be
included in the plan;
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(10)
All adjacent streets, easements and property lines and
notation of all private streets;
(11)
Existing watercourses, railroads, bridges, culverts,
storm drains, both on the land to be subdivided and on
the land immediately adjoining, corporate limits,
township boundaries, and county lines;
(12)
The deed restrictions or any similar covenenats
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proposed for the PUD;
(13)
The date of the survey and plat preparation;
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(14) North arrow and declination;
(15) The name(s) of the township(s), county(ies), and state
in which the development is located;
(16) The name and location of any property, within the PUD
or within any contiguous property, that is listed on
the U.S. Department of Interior's National Register of
Historic Places;
(17) The name(s), address(es), and telephone number(s) of
the owner(s), registered surveyor(s), land planner(s),
architect(s), landscape architect(s), and professional
engineer(s) responsible for the subdivision and the
registration number(s) and seal(s) of the professional
engineer(s) and registered surveyor(s);
(18) Flood hazard areas according to Flood Insurance Rate
Maps or Flood Hazard Boundary Maps;
(19) Topographic information showing vertical contour every
two (2) feet if deemed necessary by the planning board;
(20) show boundaries of areas of environmental concern
(LAMA);
(21) Total number of dwelling units, land area and total
open space area.
L. PUD review process. The following is the application and
review procedure for a PUD district application:
(1) Pre -application conference with applicant, town staff
and the planning board PUD review committee;
(2) (optional) Informal hearing before the planning board
and town board by applicant;
(3) The planning department will inform and assist
applicant on recommendations prior to the formal
submittal of the PUD plan;
(4) Master plan and petition for overlay zoning is
submitted to planning department. The petition for PUD
is presented to the planning board at the next regular
meeting.
(5) The planning board will review the master plan and
overlay zoning petition for general understanding of
the proposal. The PUD will be given to the PUD review
committee to review and come back to the full board at
the next regular meeting with a recommendation. At the
same meeting the PUD is given to the review committee
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the full planning board may recommend to the town board
to call a public hearing.
(6) The Town Council will set a public hearing date to be
attended by both the Town Council and Planning Board.
Public hearing is held to hear comments from applicant
and public on the proposed project.
(7) The Town Council refers the PUD plan back to the
Planning Board for a recommendation.
(8) Planning Board at the first regular meeting after the
public hearing will review the plan, recommendations
from the PUD review committee and town staff and
comments heard at the public hearing and prepare a
recommendation to be presented to the town board. The
planning board may delay a recommendation as long as a
recommendation is given to the town board within sixty
(60) days after the public hearing.
(9) Town board reviews plan and hears recommendations from
the planning board and town staff. Town board takes
final action. The town board may table the plan as long
as action is taken on the PUD within forty-five (45)
days after receiving a recommendation from the planning
board.
(10) Following approval of the petition for zoning and
master plan, the developer/subdivider of the PUD shall
submit preliminary plans and final plans in accordance with
the relevant standards of Sections 9-248 and 9-249 of the
Subdivision Regulations for review and approval by the
Planning Director. The Planning Director may consult with
other departments or agencies before approving any plans. No
final plan may be approved for recording until all required
state permits have been authorized. All preliminary and
final plans must reflect the standards established in the
approved master plan; however, the Planning Director may
approve minor changes from the master plan which do not
increase overall project density or intensity, change the
major traffic circulation plans, or increase potential
impacts on adjacent properties. The Planning Director may
defer any decision to approve or deny to the Planning Board
and Town Council, if there is sufficient cause to question
the plan's adherence to the standards of the master plan.
Also, any decision of the Planning Director in actions
pertaining to plan approval/denial may be appealed by the
developer or subdivider of the PUD to the Planning Board
and/or Town Council.
(Ord. of 8-18-92)
FIGURE 6
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Planned Unit Development -Mixed (PUD-M)
A. Purpose. This district is intended to permit development
in accordance with a master plan of a tract of land consisting of
at least ten (10) contiguous acres, into a mixed community.
Within such development the location of all improvements shall be
planned in such a manner as to permit a variety of residential
and nonresidential uses in an orderly relationship to one another
with an adequate provision of open space and minimal disturbance
to natural features. This zoning district is appropriate when the
land owner(s) contemplates a diversity of uses and/or a phased
development. Flexible requirements permit the developer to
approach the development as an integrated social, environmental
and economic system, and to thereby be innovative in offering a
greater choice of living and working environment. The allowance
of nonresidential uses in the community in a manner harmonious to
residential areas can be very beneficial to the residents thereof
providing nearby opportunities for employment and services.
B. Permitted uses. In the PUD-M district the following
buildings and uses are permitted as a right throughout the
district, subject of the standards and exceptions for this
district and the general provisions set forth in 9 9-131 et seq.:
(1) Single-family;
(2) Customary accessory buildings and uses incidental to
the uses permitted in the district;
(3) Churches;
(4) Public parks, playgrounds, golf courses, community
centers;
(5) Schools, public and private, subject to § 9-131 et
seq.;
(6) Signs, subject to section 9-150;
(7) Private marinas and piers, subject to 9 9-131 et seq.;
(8) Duplexes;
(9) Apartments;
(10) Townhouses;
(11) Condominiums.
C. Conditional uses. A conditional use permit may be granted
for any of the following buildings and uses in accordance with
the procedures set forth in 9 9-101 et seq.
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(1) Retail sales enterprises that operate in fully enclosed
premises;
(2) Business offices and shops rendering professional and
personal services;
(3) Banking facilities;
(4)
Lodges,
clubs,
fraternal societies;
(5)
Public
office
buildings;
(6) Equestrian facility;
(7) Museum or art gallery;
(8) Manufacturing facility.
D. All other provisions are the same as PUD-R district.
(Ord. of 8-18-92)
FIGURE 8
Special Highway Corridor District (SHC-1 and SHC-2)*
*Editor's note --The diagram depicting the special highway
corridor land use plan has not been set out herein, but is on
file and available for inspection in the office of the town
' clerk
A. Purpose. The SHC-1 district is intended to be an
exclusive central retail and service business district core. SHC-
1 shall also consist of some mixed office and high density
residential development. Lots and structures along the
Intracoastal Waterway (ICW) shall be orientated toward the ICW.
B. Permitted uses. In the SHC-1 district, the following
buildings and uses are permitted as a right throughout the
district and subject to the standards and exceptions for this
district and the general provisions set forth in 9 9-131 et seq.:
(1) Retail sales enterprises that operate in fully enclosed
premises;
(2) Business offices and shops rendering professional and
personnel services;

' (3) Banking facilities;
(4)
Public office buildings, libraries;
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(5)
Off-street parking facilities;
(6)
Signs, subject to section 9-150;
(7)
Restaurants;
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(8)
Cocktail lounges and taverns;
(9)
PUD-M zoning district.
C.
Conditional uses. A conditional use permit may be granted
for any
of the following buildings and uses in accordance with
the procedures set forth in S 9-101 et seq.
(1)
Hotels and motels;
(2) Unified tract developments;
' (3) Commercial piers and marinas;
(4) Apartments;
' (5) Townhouses;
(6) Condominiums;
f(7) Customary accessory buildings and uses.
D. SHC-1 district boundaries. The SHC-1 is specifically
' designed for the proposed Midway road extension. The SHC-1 is
intended to create a focal point or central business district for
the town's jurisdiction north of the ICW. The boundaries of SHC-1
shall consist of: The width of the district shall be two thousand
(2,000) feet measured at the intersection of the Midway road
extension and the ICW; the width shall be measured one thousand
' (1,000) feet east of the centerline of Midway road extension and
one thousand (1,000) feet west of the centerline of Midway road
extension. The SHC-1 district shall be measured five hundred
(500) feet from the highwater mark of the ICW, north along the
' Midway road extension. Therefore the area shall be five hundred
(500) feet by two thousand (2,000) feet, not including the
acquired right-of-way for the Midway road extension.
' E. ICW buffer. A buffer shall exist in the SHC-1 district
along the ICW. The buffer shall be one hundred (100) feet wide.
' The buffer shall be measured from the high water mark and buffer
shall thence run north one hundred (100) feet. The purpose of the
buffer is to; allow for runoff infiltration, and provide a
passive recreation area and pedestrian travel way along the ICW.
The buffer shall consist of natural vegetation and or a

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landscaped area. Uses in the buffer shall be prohibited, with the
exception of uses allowed in setbacks.
F. Lots on the corner of ICW and Midway road extension
shall have a aesthetic buffer (see PUD buffering) between the use
and Midway road extension.
G. Lot area, lot width, and yard requirements. The following
minimum requirements shall be observed:
(1) Lot area ....
10,000 square feet
(With centralized sewage system) ....
6,600 square feet
(2) Lot width ...
50 feet
(3) Front yard ....
40 feet
(4) Side yard ....
8 feet
(When lot abuts another district or highway) ....
20 feet
(5) Rear yard ....
25 feet
(Lot area requirements will change when buffering is required,
see PUD buffering)
H. Detached accessory building. Accessory buildings and uses
shall be set back a minimum of eight (8) feet from any side
property line and a minimum of ten (10) feet from the rear
property line. Accessory buildings shall not extend beyond the
front edge of the principal building or beyond the minimum front
building line whichever is greater. Accessory buildings and uses
shall be set back a minimum of ten (10) feet from any side
property line along which there is utility easement.
I. Number and arrangements of driveways. All driveways will
have to meet the zoning ordinance requirements, the town's public
work department requirements, NCDOT policy on street and driveway
access to North Carolina highway requirements, and the following
additional requirements. These requirements shall supersede the
NCDOT policy on number and arrangements of driveways:
(1) No two access to the major thoroughfare (as identified
by the 1988 Brunswick County Thoroughfare Plan) shall
be closer than five hundred (500) feet. The subdivider
or developer of property is responsible for

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constructing or arranging for the construction of an
access to lots created.
(2) Each access to the major thoroughfare shall be of
adequate size to allow for right and left turning lanes
and shall conform to NCDOT standards for street
intersections or NCDOT standards for major commercial
entrances.
(3) Accesses to the service road (serving the major
thoroughfare) shall conform to the town's policy on
driveways and NCDOT policy on driveway access to North
Carolina highways.
(4) Driveways must be constructed so that they do not
affect the highway drainage or drainage of adjacent
properties.
Special Highway District-2 (SHC-2)
A. Purpose. The SHC-2 district is intended to include
highway service, general, automotive, tourist, or commercial
recreation oriented uses, with incidental residential
development. Also SHC-2 shall include some mixed office and high
density residential development.
B. Permitted uses: In the SHC-2 district the following
buildings and uses are permitted as a right throughout the
district, subject to the standards and exceptions for this
district and the general provisions set forth in § 9-131 et seq.
(1) Retail sales enterprises that operate in fully enclosed
premises;
(2) Business offices and shops rendering professional and
personal services;
(3) Banking facilities;
(4) Public office buildings, libraries;
(5) Offstreet parking facilities;
(6) Signs, subject to section 9-150;
(7) Restaurants;
(8) Cocktail lounges and taverns;
(9) PUD-M district;
(10) Automotive orientated service uses;
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(11) Commercial recreation attractions.
'
C.
for any
Conditional uses. A conditional use permit may be granted
of the following buildings and uses in accordance with
the procedures
set forth in § 9-101 et seq.
'
(1)
Hotels and motels;
(2)
Unified tract development;
(3)
Commercial piers and marinas;
(4)
Apartments;
(5)
Townhouses;.
'
(6)
Condominiums;
(7)
Customary accessory buildings and uses.
'
D.
SHC-2 boundaries: The district shall begin at the
northern
most boundary of the SHC-1 and overlay the highway five
hundred
(500) feet on either side of the right-of-way. This
t
district
can be overlayed on any road. The SHC-2 district along
the Midway road extension shall continue to the Town of Long
Beach ETJ boundary.
E.
All other provisions of SHC-1 shall apply to SHC-2.
'
(Ord. of
8-18-92)
APPENDIX I
Growth Management Policy Statements
The following are policies for growth and development which
have been derived out of goals and objectives for the development
of the ETJ:
Environment
' (1) The town shall promote the maintenance and enhancement
of the community's natural resources and shall support
the enforcement of environmental regulations consistent
with local, state and federal regulations.
(2) The town shall discourage urban development in unsafe
' or unfeasible areas such as areas with excessive slopes
or soils constraints.
(3) Runoff and drainage from development and agricultural
' activities shall be of a quality and quantity as near

' to natural conditions as possible.
(4) Industries producing excessive noise, odor, air and
water pollution, or other harmful impacts, shall be
discouraged, unless such adverse impacts can be clearly
overcome through effective mitigation.
Residential Development
(5)
Housing needs of all area residents shall be met in a
manner which provides the maximum range of choice in
type, density and location while preventing adverse
impacts to the environment and quality of life.
1
(6)
Land uses considered harmful to the health, safety and
welfare of area residents shall be prohibited from
'
infringing upon the livability of residential areas.
(7)
Proposed residential development which would expose
residents to harmful effects of incompatible
development or environmental hazards shall be
prohibited.
(8)
The town will allow different housing densities to abut
one another as long as proper buffering and design is
provided as needed and traffic generated by such land
use does not mix within the neighborhood.
(9)
Factors in determining preferred locations of high
density residential development shall include: close
'
proximity to employment and shopping centers, access to
major thoroughfares and transit systems, the
availability of public services and facilities, the
location of environmental sensitive areas and
'
recreational open space.
' Office and Institutional Development
(10) Office and institutional development will be encouraged
' to locate as a transitional land use between activities
of higher intensity and those of lower intensity.
(11) The town will encourage office and institutional uses
' in appropriate locations proximate to residential areas
for energy -efficient commuting, provided that such uses
are not an undesirable encroachment.
(12) Linear stripping of offices along thoroughfares shall
be discouraged in favor of planned office parks or
clusters of offices with common access, parking, etc.
' Commercial Development
' (13) Commercial development shall be encouraged to occur in
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clusters or planned shopping centers at the
intersection of major thoroughfares to minimize strip
development and to maintain the proper functioning of
the arterial street system.
(14)
Traditional highway -oriented commercial activities,
such as automobile dealership, motels, restaurants and
'
other similar uses, shall be encouraged to cluster in
planned districts.
'
(15)
Regional commercial centers shall be located adjacent
to major arterials; they shall be within minimal travel
distances from planned concentrations of employment and
'
housing.
(16)
Community commercial centers shall be located adjacent
to arterial streets and be adjacent to other community
facilities such as recreation centers, offices, or
places of public activity.
'
(17)
Neighborhood commercial centers shall be located
adjacent to collector streets, and near other
neighborhood facilities such as schools and parks, and
integrated into the design and circulation of the
residential neighborhoods they serve.
(18)
Effective buffering and or landscaping shall be
'
provided where commercial development adjoins existing
or planned residential uses.
'
(19)
Encroachment by new or expanded commercial uses into
viable existing or planned residential areas shall be
prohibited, unless the commercial uses are integrated
in with the residential uses through proper planning
techniques (i.e. planned unit developments).
Industrial Development
(20)
The town shall encourage a public service and
regulatory environment conducive to industrial
development, tempered by environmental quality
consideration and the availability of public financial
resources.
'
(21)
Industrial development shall not be located in areas
which would diminish the desirability of existing and
'
planned nonindustrial uses.
(22)
Industrial development shall be located on land which
is physically suitable and has unique locational
'
advantages for industry.
(23)
Heavy industrial uses shall be separated from
'
nonindustrial areas by natural features and or proper

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buffering.
(24) Light industrial uses may be located in urbanized areas
to take advantage of available services and to minimize
travel distances. Careful design and or buffering shall
be required to insure compatibility with surrounding
areas.
(25) Warehousing, storage and distribution facilities shall
have direct access to appropriate thoroughfares, and
shall be visually buffered.
Parks, Recreation, and Open Spaces
(26) Park development and open space preservation shall be
carefully planned to provide for the rational and
equitable distribution of recreation and open space
opportunities within the planning area.
(27) In determining future sites for park, recreation and
open space facilities, multiple objectives for natural
area conservation, visual enhancement, promotion of
culture and history, watershed and floodprone area
protection, etc. shall be considered.
(28) Provision of open space and recreation facilities in
private development shall be encouraged and often
required.
Transportation Growth Policies
(29) Thoroughfare plan shall be utilized to promote a
hierarchical functional road network and to promote the
proper arrangement of land patterns by controlling the
location of streets.
(30) The town shall employ the design standards of NCDOT as
a general guide in the development of new
thoroughfares.
(31) Access to arterial streets shall be minimized and
excessive development at critical access points shall
be restricted.
(32) The town shall require properly designed arterial
intersections containing both right and left turn bays
on the street system.
(33) The town shall use the subdivision and PUD review
process to prevent the intersection of arterials and
local streets.
(34) Pedestrian, bike way and other similar facilities shall
be encouraged as energy -efficient and environmentally

I
' sound transportation alternatives.
Economic Development
(35) The town shall encourage new industries and businesses
which: (1) diversify the local economy, (2) utilize a
' more highly skilled labor force and (3) increase area
residents incomes.
(36) The town shall protect, enhance and encourage a high
quality of life, image, image and cultural amenities as
an effective approach to economic development.
' (37) The benefits of economic development shall be balanced
against the possible detrimental effects such
development may have on the quality of life enjoyed by
' area residents.
(38) The town should coordinate carefully planned and timed
infrastructure investments as a factor in managing and
accommodating growth.
(39) The town should promote coordination of economic
' development resources from various local institutional
agencies and seek regional coordination and interaction
between areas with shared economic interests.
Community Appearance
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(40) The town will encourage land development practices that
preserve the natural beauty of the town as a way of
building in value and safeguarding the long term
appeal, marketability, and feasibility of the
investment.
(41) Sign policies and standards shall be periodically
updated to enhance community identity and create a high
quality business image.
(42) The placement of overhead wires underground shall be
strongly encouraged in all private and public
developments.
(43) Measures to improve the effectiveness of landscaping
and buffering standards for new development shall be
encouraged.
(Ord. of 8-18-92)
CODE PORTION ENDS
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